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Gramercy No. 1Mayor Tammy de Weerd City Council Members: E IDIAN -- KeithBird Brad Hoa lun C� Charles Rountree ® A H ® David Zaremba June 18, 2013 Taylor Merrill Gramercy, LLC PO Box 344 Meridian, Idaho 83680 RE: Gramercy No. 1 Lots 1 & 8, Block 1- Property Boundary Adjustment (PBA -13-002) To Whom It May Concern: A property boundary adjustment for the above -referenced property was tentatively approved by the Director on February 26, 2013. This approval was granted contingent upon the completion of several s, tasks as required by UDC 11 -6B -8C2 within one year of the date of tentative approval. Since that date, the applicant has completed the required tasks within the time period allowed. The Director deems that the property boundary adjustment is in conformance with UDC 11-613-8 and therefore grants final approval of the property boundary adjustment. 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 July 3, 2013, within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 1I - 5A -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 .org departments/planning/comment card to fill out a customer survey and give us feedback on how we are doing. S' cerely Caleb d, AICP Planning Division Manager CH: kv Community Development Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 www. meridian city. org �T i a 1. 1. 0 z s s g e F z a 56�� € I a 3 s �qB a rsg- i 0 0 0 0 0• I I ' 0 zZ?�� I V) 0tnz1 jwr Ig I I s�=_ ,00'8Z£ 3 .iO,iZAO N HIS ~ V O Li Z, t 00 z p y. � C�j�p �>� WWQ W W Q Z O � 20 JOWILN dW �Ct O�� WCt o � Y�g o OZ 0U, 0 M n CL rR m _ II v w L ,6z 0 0 _ J < H Z ti U F-: H O O J a J I i Oi i i N 001358_ W ieaoo' 0 m i W I ' i I F <L,MI` I a 3 - a 31' i ml� ' � I I 0 m Ig I I I ,00'8Z£ 3 .iO,iZAO N er I smnINIW00NOO OMV1.1Mf100 HOMI8M3AIM 329_75_ M <I t tz t.i T � N O Li i 0 0 w Aa N � 3oz gz,LUm W O Oj Taylor Merrill From: Craig Church [cchurch@adaweb.net] Sent: Monday, June 03, 2013 4:49 PM To: Taylor Merrill Subject: New Parcel Numbers Gramercy The new parcels for the 2014 tax year are R3238510012 and R3238510082 Instrument# 113030157 "L' Old Parcels R3238510080.R3238510010 New Parcels R3238510012 R3236510082 Before I E OVERLAND RD ------------ - — — — — — — — — — — — — — — — — — — - ----------,-------------------- E GALA ST After ------------ E OVERLAND RD -------i-- -------------- —. I I I I I I I I E GOA A Sr 1 inch =125 fo*t 0 2550 100 150 200 Fest Map chanpod 4 April 2013 6/18/2013 Page 1 of 2 Mapping PereonW asmorgrp ADA COUNTY RECORDER Christopher D. Rich AMOUNT 13.00 2 BOISE IDAHO 03/20/2013 02:40 PM DEPUTY Victoria Bailey RECORD Electronic EST OF 11111111 Hill D1111V11111111111111111111 II1111111111111111111111111111 IN �_�'" � RECORDED-REQUEST OF EF, r �, NEXTITLE 113030157 A T Ti F �X ID WO711-7X1#19 QUITCLAIM DEED FOR VALUE RECEIVED; Gramercy,. LLC, an,:Idaho-Limited Liability Company does hereby convey, release, remise and forever quit claim unto Gramercy, LLC, an Idaho Limited Liability Company whose current address is: 7761 W Riverside Dr,Suite 100, Meridian, ID 83714 the following described premises.- Lot remises:Lot 8 in Bloc Q[Cy Subdivision No. 1, accord cial plat thereof, filed in Book 99 of Plats at Page(s) 12619 throug ended by Affidavit.recorded December 4, 2007 as Instrument No. 1071 cial records of A a . see, attached ldgal.descri.ption marked. arcel.A TO HAVE AND TO HOLD the said. premises; unto the said grantees, heirs and assigns forever,b.` Dated:,, /3 Gramer C BY: f .. . ory B. hn anager_ STATE OF Idaho) COUNTY OF.. ) On this .day of rb in the year of % before me the nd•�j�'gned Notary Public in and for said State, personally appeared ! F v known or identified'to me (or proved to me on the oath of.,:.) to be the of the limited liability company that executed the instrument or the person who. executed. the instrument on behalf of said limited liability company and acknowledged to me that. such limited liability company executed the.'same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official se !the ay and year,in this certificate first above written. 3 A Votary Public for a e r,4 o Residing at . tWiri�inR,ise Who 2 p ; r� /� 0 My commission expires: �,• / r�nmiae rtn �vniroe �(24/L10j7 : y w ADA COUNTY RECORDER Christopher D. Rich AMOUNT 13.00 2 BOISE IDAHO 03/20/2013 02:40 PM DEPUTY Victoria Bailey Simpii R D -MQ Recording I uHll I'll! �I'I I�III I'llll III III III' III' AI'�� �I'I I��I RECORDEF.D-REQUEST OF NEXTITLE 113030158 .A TITLE r ESCRO'N CG. A i4X/;7 _00$77-117 WARRANTY DEED FOR VALUE RECEIVED Gramercy, LLC, an Idaho Limited Liability Company GRANTOR(s) does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto: Dave Evans Construction, LLC, an Idaho Limited Liability Company GRANTEE(s), whose current address is: 7761 W Riverside Dr, Meridian; ID 83714 the following described real property in Ada County, State of Idaho more particularly described as follows, to wit: See attached Legal Description TO HAVE AND TO HOLD the said premises, with their appurtenances unto said Grantee(s), and Grantee(s) heirs and assigns forever. And Grantor(s) does(do) hereby covenant to and with said Grantee(s) that Grantor(s) is/are the owner(s) in feesimple of said premises, that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, if any, of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year which are not yet due and payable and the Grantor(s) will warrant and .defend the same from all lawful claims whatsoever. Dated: Gramer , L C BY: i �V gory B_ has Manager STATE OF Idaho) /�/ COUNTY OF QA On this day of X4 , in the year of before me the un s' ned Notary Public in and for said State, personally appeared known or identified to me (or proved to me on the oath of....) to bethe of the limited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS C WHEREOF, I have hereunto set my hand and affixed my official se y and ye in this first above written. Notary Public for • �vd l Residing at Jr V�: My commission expires:= �w Residing in Mae Idaho ' � - eY A. >i My Commis -on EVires SrM)2017 A Z.14 ���j� �: 1450 East Watertower St - . IDAHO Suite M. SURVEY Meridian, Idaho 83642 GROUP Phone (208} 846-8570 Fax (208.).884-5399 Project No. 13-023 , February 13, 2013 DESCRIPTION FOR PARCEL $ . A portion of Lot 8, Block 1 of Gramercy Subdivision No. 1, as same is recorded in Book 99 of Plats at Pages 12619 through 12622, records. of Ada County, Idaho, located in the NW 1/4 of the NE 1/4 of Section 20, T.3N., R.1 E., 'B.M., Meridian, Ada County, _ Idaho more particularly described as follows Commencing at the NW comer of Lot 1, Block 1 of said Gramercy Subdivision No. 1; thence along the West boundary line of said Lots Land 8.South 00`24'04" West,. 214.51 feet to the REAL POINT OF BEGINNING; thence leaving said West, boundary line North 89°46'01"_ East 158.61 feet to a ' point on the East boundary line of said Lot 8; thence along said East boundary fine South 00°13'58" East, 115.25 feet to the SE comer of said Lot 8; thence along.the South boundary. line of said Lot 8 North 89°35'56" West, 159.87 feet the SW comer of said tot 8; . thence along the West boundary line of. said Lot 8 North 00'24'04" East, 113.49 feet.to the REAL POINT OF BEGINNING containing 18,211, square feet, more or less. Prepared by: Idaho. Survey Group, P.C... . or s a 7729 �9�r,�%_tOF kph Gregory G. Carter, P.L.S. S:ASG Projects\Gramercy Park PtA 13-0231DocumentsTARCEL B.doc - Mayor Tammy de Weerd City Council Members: E IDIAN* Keith Bird Brad Hoaglunun C� Charles Rountree IDAHO David Zaremba February 26, 2013 Taylor Merrill Gramercy, LLC PO Box 344 Meridian, Idaho 83680 RE: Gramercy No. 1 Lots 1 & 8, Block 1— Property Boundary Adjustment (PBA -13-002) Dear Mr. Merrill: This letter is to confirm that the Director tentatively approved your property boundary adjustment application for the subject property. In accord with UDC 11-6B-SC.2, the applicant or owner shall have one year to complete the following tasks: a. Cause the property to be surveyed and a record of survey recorded; V/ b. Execute and record the necessary deeds to accomplish the property boundary adjustments as approved; c. Obtain new tax parcel numbers from the Ada CountyAasseor; and ✓d. Provide copies of the recorded record of s� y ecods, and the new tax pare l� tubers t nt sW1 create and'record a private sanitary seri he private easement and instrument number sha r Upon determin-ation by the Director that the final property boundary adjustment is in conformance with UDC 11-613-8, a letter of approval will be issued. If you should have any further.questions regarding this matter, please don't hesitate to contact Kristy Vigil at (208)884-5533. Thank you for contributing to the success of Meridian. Please help us se a you better ' e future. Visit our web -site at www.meridianci1y.org departments/planning/comment card fi 10 t omer survey and give us feedback on how we are doing. q S�cerely, Caleb ood, ICP ) `\ Planning Manager v CH:kv Cc: Warren Stewart, City Engineer Community Development . 33 E. Broadway Avenue, Meridia6 0�S(C_S Phone 208-884-5533 Fax 208-888-6854 www.meridianil -o �S�.Y� k'/ 5C -13.I C_%J RIVERBIRCH COURTYARD CONDOMINIUMS 49 N 00'24'04' E 32&00' 4 �i -------------seam ---------r-T - 29' I 29' 11s.lg• ---- —51so 'P----------- 1 I 1 I I 1 wo O N I W Im ODI 1 i I " 1' IZ iF I z Im J I+ IDr� t�1n1i � g <�tlN O u�� iONI � m I m� SCD Q I s o 1 � It 1 ---- - - i ��'00-mi------ ---- 1 I I ' i __ �--- -amu ' y IC M i t Z I I r O 0-4 —I �n n N zD m> vo JL —Z 00 n rrn C'13 o : co) r,n m�O -n h`. Or oo�v1 n wZmD K7 Crm Z3��D Drnfn N rilh1 •0o voo ax€i` �p� 7 I I O N O C 1-�� O sis y 1 1 1 R 2 q 19 PROFF 011 i m � :0011 YYY c0 �'1gs9i �p ex- C • N � (il � � 4 C �V, Ii1i�111 j 9Vj � -' � �, K � � .O IDAHO SURVEY GROUP Project No. 13-023 DESCRIPTION FOR UTILITY EASEMENT GRAMERCY SUBDIVISION 1450 East Watertower St. Suite 130 Meridian, Idaho 83642 Phone (208) 846-8570 Fax (208) 884-5399 February 27, 2013 A 10.00 -foot wide utility easement located in Lot 8, Block 1 of Gramercy Subdivision No. 1, as same is recorded in Book 99 of Plats at Pages 12619 through 12622, records of Ada County, Idaho, located in the NW 1/4 of the NE 1/4 of Section 20, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho more particularly described as follows: Commencing at the NE corner of said Lot 8; thence along the East boundary line of said Lot 8 South 00°13'58" East, 15.00 feet; thence leaving said East boundary line South 89°46'02" West, 8.88 feet to the REAL POINT OF BEGINNING; thence South 17056'13" West, 17.37 feet; thence South 89°46'01" West, 10.52 feet; thence North 17056'13" East, 17.37 feet; thence North 89046'02" East, 10.52 feet to the REAL POINT OF BEGINNING. Prepared by: Idaho Survey Group, P.C. Gregory G. Carter, P.L.S. SAISG Projects\Gramercy Park PLA 13-023\Documents\sewer ease.doc Ar Oi I i 2 30' WIDE PRIVATE DRIVEWAY I I I & UTILITY EASEMENT I I I I I I ----------------------------- N --------------------------- N 89'46'02" E 158.26' I ORIGINAL LOT LINE I cn z ) o 0 I - o 10' WIDE UTILITY S 89'46'02" W I-„________ EASEMENT 7--- --------------------- / 10.5 / 8.88 I cn S 17'56'13” W �/ 10' Go I 17.37' / � I NEW PROPERTY LINE / 10.52' ./ N 89'46'01" E 158.61' 31 M � I � I O Lnr ( O 2 10 40 0 5 20 60 SCALE: 1 " = 20' LEGEND d NSF0 sG�\ O FOUND 1/2" IRON PIN 70 SET 1/2 IRON PIN WITH CAP — — — — PROPERTY BOUNDARY LINE o F \O EXHIBIT DRAWING FOR UTILITY EASEMENT - LOT LINE ------------------ EASEMENT LINE S: \ISG Projects\Gromercy Pork PLA 13-023\dwg\sewer ease.dwg 2/27/2013 2:31:35 AM MST IDAHO , 1450 E. WATERTOWER ST. SURVEY SUITE 130 MERIDIAN, IDAHO 83642 GROUP, P.C. (208) 846570 7729 C L��3 P�0 LOCATED IN LOT 8, BLOCK 1, GRAMERCY SUBDIVISION N0. 1, MERIDIAN. ADA COUNTY. IDAHO JOB NO. 13-023 1 DWG. DATE 2.27.13 EIDIAN '�- IDAHO February 26, 2013 Taylor Merrill Gramercy, LLC PO Box 344 Meridian, Idaho 83680 RE: Gramercy No. 1 Lots 1 & 8, Block 1 — Property Boundary Adjustment (PBA -13-002) Dear Mr. Merrill: 6w< Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba This letter is to confirm that the Director tentatively approved your property boundary adjustment application for the subject property. In accord with UDC 11-613-8C.2, the applicant or owner shall have one year to complete the following tasks: a. Cause the property to be surveyed and a record of survey recorded; b. Execute and record the necessary deeds to accomplish the property boundary adjustments as approved; c. Obtain new tax parcel numbers from the Ada County assessor; and d. Provide copies of the recorded record of survey, recorded deeds, and the new tax parcel numbers to the director. In addition, the applicant shall create and record a private sanitary service line easement for the benefit of Parcel B. A note referencing the private easement and instrument number shall be included on the subject Record of Survey. Upon determination by the Director that the final property boundary adjustment is in conformance with UDC 11-613-8, a letter of approval will be issued. If you should have any further questions regarding this matter, please don't hesitate to contact Kristy Vigil at (208)884-5533. 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. S,�Icere ly, % r 't � f •t Caleb ood, ICP Planning Manager IWUA ii Cc: Warren Stewart, City Engineer Community Development . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 www.meridiancity.org Sted, t kc--- `1 ser-. ; c --,L LtA k.. i g ® JL It. SIR %1 r Type of Review Requested (check all that apply) ❑ Accessory Use ❑ Alternative Compliance ❑ Certificate of Zoning Compliance ❑ Certificate of Zoning Compliance Verification ❑ Conditional Use Permit Minor Modification ❑ Design Review P Private Street E% Property Boundary Adjustment ❑ Time Extension (Director) ❑ Vacation ❑ Other Information Applicant name: Applicant address: Planning Department ADMINISTRATIVE REVIEW APPLICATION l0 Applicant's interest in property: )1Zwn ❑ Rent ❑ Optioned ❑ Other Owner name: "144P -t Phone: Owner address: it Zip: I31*4 Phone: E-mail:'• SCJ � E-mail: Fax: Agent name (e.g.`, archite,ct, engine r, developer, rep esentative): Firm name: �-^' �j�% l_,c) 7 Ci_ Phone: Fax: Address:L) a </V Zip: �� E-mail: G f✓ '�i Primary contact is: d"AmI int 0 Owner ❑ A ent ❑ Other Contact name: /�f6�✓l Phone: Contact address: E Z' -mail Subject Property Information Location/street address: Assessor's parcel number(s): 7 QC -A Township, range, section: Total acreage: Current land use: Current zoning district: ` L4 6 C� 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (Rev. 11/29111) _4 Project Description Project/subdivision name: ` General descript}on of proposed project/request: .zoning district(s): � Acres of each zone proposed: c 7 .�7_ Type of use proposed (check all that apply): 5Z6111_141� ❑ Residential /<Commercial ❑ Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable): ' Who will own & maintain the pressurized irrigation system in this development? ^ / " lID Which irrigation district does this property lie within? l l /✓` Primary irrigation source: /l/-/if�z Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection isity water): Residential Project Summary (if applicable) Number of residential units: Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi- f ily developments only): 1 Bedroom: 2 or more Bedrooms: Minimum square footage of structur s c #age): Proposed building height: Minimum property size (s.f): }/�'aAverage property size (s.f.): Gross density (DU/acre-total land): Net density (DU/acre-excluding roads & alleys): Percentage of open space provided: Acreage of open space: Percentage of useable open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) Number of building lots: Other lots: Gross floor area proposed: g Existing (if applicable): Hours of operation (days and labyts)• Building height: Percentage of site/project d to a following: Landscaping: Building: Paving: Total number of employees: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Seating capacity: Total number of parking spaces provided: Number of compact spaces provided: Authorization Print applicant name: Applicant signature: Date: 9;�)-"facsirrule en ,Suite 210 • Meridian, Idaho 83642 Phone:;0t8- (208) 888-6854 • Website: www.meridiancity.org 2 January 10, 2013 Meridian City Planning and Zoning Dept Attached please find a property boundary adjustment application, for Lot 8 Blk 1 of the Gramercy Subdivision # 1. We would like to move the north property line south approximately 33' to accommodate a sale of the property to a builder that requires a smaller lot than originally plated. The subject shall have access from Gala Street with all utilities being available to the site. The required change is intended to accommodate an approximate 6,000 square foot building ( preliminary site plan attached). The subject lot shall reduce from .53 of an acre to .42 of an acre. Taylor Merrill, Project Manager Gramercy, LLC IDAHO SURVEY GROUP Project No. 13-023 DESCRIPTION FOR PARCEL A 1450 East Watertower St. Suite 130 Meridian, Idaho 83642 Phone (208) 846-8570 Fax (208) 884-5399 February 13, 2013 Lot 1 and a portion of Lot 8, Block 1 of Gramercy Subdivision No. 1, as same is recorded in Book 99 of Plats at Pages 12619 through 12622, records of Ada County, Idaho, located in the NW 1/4 of the NE 1/4 of Section 20, T.3N., RAE., B.M., Meridian, Ada County, Idaho more particularly described as follows: BEGINNING at the NW corner of said Lot 1; thence along the North boundary line of said Lot 1 North 89046'02' East, 156.23 feet to the NE corner of said Lot 1; thence along the East boundary line of said Lots 1 and 8 South 00013'58" East, 214.50 feet; thence leaving said East boundary line South 89046'01" West, 158.61 feet to a point on the West boundary line of said Lot 8; thence along the West boundary line of said Lots 1 and 8 North 00°24'04" East, 214.51 feet to the POINT OF BEGINNING containing 33,766 square feet, more or less. Prepared by: Idaho Survgy Group, P.C. x`729 % Z � ®F �'.A V Gregory G. Carter, P.L.S. SAISG Projects\Gramercy Park PLA 13-023\Documents\PARCEL A.doc IDAHO 1450 East Watertower St. Suite 130 SURVEY Meridian, Idaho 83642 GROUP Phone (208) 846-8570 Fax (208) 884-5399 Project No. 13-023 February 13, 2013 DESCRIPTION FOR PARCEL B A portion of Lot 8, Block 1 of Gramercy Subdivision No. 1, as same is recorded in Book 99 of Plats at Pages 12619 through 12622, records of Ada County, Idaho, located in the NW 1/4 of the NE 1/4 of Section 20, T.3N., R.1E., B.M., Meridian, Ada County, Idaho more particularly described as follows: Commencing at the NW corner of Lot 1, Block 1 of said Gramercy Subdivision No. 1; thence along the West boundary line of said Lots 1 and 8 boundary line South 00024'04" West, 214.51 feet to the REAL POINT OF BEGINNING; thence leaving said West boundary line North 89046'01" East, 158.61 feet to a point on the East boundary line of said Lot 8; thence along said East boundary line South 00°13'58" East, 115.25 feet to the SE corner of said Lot 8; thence along the South boundary line of said Lot 8 North 89035'56" West, 159.87 feet the SW corner of said Lot 8; thence along the West boundary line of said Lot 8 North 00024'04" East, 113.49 feet to the REAL POINT OF BEGINNING containing 18,211 square feet, more or less. Prepared by: Idaho Survey Group, P.C. Gregory G. Carter, P.L.S. SAISG Projects\Gramercy Park PLA 13-023\Documents\PARCEL B.doc AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA 4e"7 3ylcl /e ( me) �dss (city) (state) being first duly sworn upon, oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to: 7mit ame) (address) to suhe accompanying application(s) pertaining to that property. 2. 1 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 for the purpose of site inspections related to processing said application(s). Dated this //day of 4el:> , 20 SUBSCRIBED AND SWORN to before me the 4�' A `^'— (Notary Pu lic for Idaho) Residing at: &Z(Lt-- My Commission Expires: L[n- x✓1. / ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 12.00 4 1018E 06121109 04,37 PM III IIIIIIilllillllllllllllllllll I I III DEPUTYY Vlc Vicki Allen RECORDED—REQUEST OF 109059202 lawyers Title PCCpMr^'" - DEED OF TRUST THIS DEED OF TRUST, Made this gD fyday of 2009 BETWEEN Gramercy LLC whose address is: PO Box 344, Meridian, Idaho 83680, herein called Granto , Lawyers Title of Treasure Valley, herein called Trustee, AND Parkland Development, LLC, herein called Beneficiary, WITNESSETH: That Grantor does hereby irrevocably GRANT, BARGAIN, SELL AND CONVEY TO TRUSTEE IN TRUST WITH POWER OF SALE, that property in the County of Ada, State of Idaho, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE. The Beneficiary agrees to release lots included in the subject property of this deed of trust from the provisions of the deed of trust on an individual basis subject to a release price payable by the Grantor to the Beneficiary of three dollars ($3.00) per square foot. Except for and subject to the partial release provision set forth in the preceding paragraph, if the Grantor hereof sells, conveys, or alienates the property described herein or any part thereof or any interest therein, any indebtedness or obligation secured hereby (irrespective of the maturity date expressed herein) at the option of the Beneficiary and without demand or notice shall immediately become due and payable. TOGETHER WITH rents, issues and profits thereof, SUBJECT, HOWEVER, to the right, power and authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents, issues and profits, for the purpose of securing payment of the indebtedness evidenced by a promissory note, of even date herewith, executed by Grantor in the sum of Two Million Eight Hundred Fifty Thousand Dollars, ($2,850,000.00), final payment due January 16, 2019 and to secure payment of all such further sums as may hereafter be loaned or advanced by the Beneficiary herein to the Grantor herein, or any or either of them, while record owner of present interest, for any purpose, and of any notes, drafts or other instruments representing such further loans, advances or expenditures together with interest on all such sums of the rate therein provided. Provided, however, that the making of such further loans, advances or expenditures shall be optional with the Beneficiary, and provided, further that it is the express intention of the parties to this Deed of Trust that it shall stand as continuing security until paid for all such advances together with interest thereon. To protect the security of this Deed of Trust, Grantor Agrees: 1. To keep said property in good condition and repair, not to remove or demolish any building thereon; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefore; to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer or permit any act upon said property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general. 2. To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Grantor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 3. To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear. 4. To pay: at least ten days before delinquency all taxes and assessments affecting said property, when done, all encumbrances charges and liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto; all costs, fees and expenses of the Trust. In addition to the payments due in accordance with the terms of the note hereby secured the Grantor shall at the option, and on demand of the Beneficiary, pay each month 1/12 of the estimated annual taxes, assessments, insurance premiums, maintenance and other charges upon the property, nevertheless in trust for Grantors use and benefit and for the payment by Beneficiary of any such items when due. Grantor's failure so to pay shall constitute a default under this trust. 5. To pay immediately and without demand all sums expended by Beneficiary or Trustee pursuant to the provisions hereof, with interest from date of expenditure at the highest lawful rate permissible under Idaho Law. 6. Should grantor fail to make any payment or to do any act as herein provided, then Beneficiary or trustee, but without obligation so to do and without notice to or demand upon Grantor and without releasing Grantor from any obligation hereof, may: make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights of power of Beneficiary or Trustee; pay, purchase, contest or compromise any encumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto; and , in exercising any such powers, or in enforcing this deed of trust by judicial foreclosure, pay necessary expenses, employ counsel and pay his reasonable fees. B. It is mutually agreed that: 1. Any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such monies received by him in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance. 2. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his right either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay. 3. At any time or from time to time, without liability therefore and without notice, upon written request of Beneficiary and presentation of the Deed of Trust and said note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, Trustee may: reconvey all or any part of said property; consent to the making of any map of plat thereof; join in granting any easement thereon; or join in any extension agreement or any agreement subordinating the lien or charge hereof. Fs. Upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said note to Trustee for cancellation and retention and upon payment of its fees, trustee shall reconvey, without warranty, the property then held hereunder. The recitals in any reconveyance executed under this Deed of Trust of any matter or facts shall be conclusive proof of the truthfulness thereof. The grantee in such reconveyance may be described as "the person or persons legally entitled thereto". 5. As additional security, Grantor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of these Trusts, to collect the rents, issues and profits of said property, reserving unto Grantor the right, prior to any default by grantor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in his own name sue for or otherwise collect such rents, issues and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said property, the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 6. Upon default by Grantor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, all sums secured hereby shall immediately become due and payable at the option of the Beneficiary. In the event of default, Beneficiary shall execute or cause the Trustee to execute a written notice of such default and of his election to cause to be sold the herein described property to satisfy the obligations hereof, and shall cause such notice to be recorded in the office of the recorder of each county wherein said real property or some part thereof is situated. Notice of sale having been as then required by law, and not less than the time then required by law having elapsed, Trustee, without demand on Grantor, shall sell said property at the time and place fixed by it in said notice of sale, either as a whole or in separate parcels and in such order as it may determine, at public auction to the highest bidder for such in lawful money of the United States, payable at the time of sale. Trustee shall deliver to the purchaser its deed conveying the property so sold, but without any covenant or warranty expressed or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Grantor, Trustee, or Beneficiary, may purchase at such sale. After deducting all costs, fees and expenses of Trustee, and of this Trust, including cost of evidence of title and reasonable counsel fees in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid, with accrued interest at the highest lawful rate permissible under Idaho law; all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto. Notwithstanding any other provisions hereof or of any other agreement between the parties hereto, under no circumstances shall the amount paid or agreed to be paid to such beneficiary for the use, forbearance or detention of money exceed the highest lawful rate permissible, and if a court of competent jurisdiction shall determine that the performance of any provision hereof or thereof shall result in payment of amount in excess thereof, then such provision shall be deemed appropriately modified to the extent necessary to reduce such amount to that not in excess of such rate, and any excess amount theretofore received shall be deemed applied to the principal amount of the debt. 7. This Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devises, administrators, executors, successors and assigns. The term Beneficiary shall mean the holder and owner of the note secured hereby; or, if the note has been pledged, the pledgee thereof. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or the singular number includes the plural. 8. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any proceeding in which Grantor, Beneficiary or Trustee shall be a party unless brought by Trustee. 9. In the event of dissolution or resignation of the Trustee, the Beneficiary may substitute a trustee or trustees to execute the trust hereby created, and when any such substitution has been filed for record in the office of the Recorder of the county in which the property herein described is situated, it shall be conclusive evidence of the appointment of such trustee or trustees, and such new trustee or trustees shall succeed to all of the powers and duties of the trustee or trustees named herein. 10. Request is hereby made that a copy of any Notice of Default and a copy of a Notice of Sale hereunder be mailed to the Grantor at his address herein before set forth. amercy C y Grego B. J n, its Mana g Member Notary Acknowledgment(s): State of I NW,—County of Ada, ss. On this day of a year of said State, personally appeared whose name(s) is/are subscribed to the Withy the same. Residing at: ' My Commission expires: e me, the undersigned, a Notary Public in and for _ known or identified to me to be the person(s) and acknowledged to me that he/she/they executed IVO State of Idaho , Ada County, ss. On this , l>f�' day of7r)"7 , in the year of 2001 , before me the undersigned Notary Public in and for said State, personally appeared Gregory B. Johnson, known or identified to me to be the managing member, of the limited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. 1C KII r Npp Residing at6i4v rrri �c�n �`J • 9'1'i My Commissioe//Expires: jozo e w • AG �• r 1 r 9 • % •• .• .•',++. +++ EXHIBIT A The land is located in the County of Ada, State of Idaho, and is described as follows: Gamercy Subdivision No. 1, Block 1 Lots 1, 2, 3, 4, 5, 6, 7, 8; Block 2 Lots 1, 2, 6, 7, 8, 10, 11, 12, 13, 14, 15; Block 3 Lots 2, 3, 4; Block 7 Lots 1, 2, 3. TI 3 ®111111 ■ �'`�� 1IN i®oil i soon 11 � & „t:MEN ��/�� �■ r, � � ��!` cif:' ■t■ �I!l��, � r �'� mg PLAT SHOWING MIRGY BUDDE 92 1021 NO. 1 LOCATED IN THE W 1/2 OF THE NE 1/4 OF SECTION 20, T.3N., RAE., B.M. 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