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
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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-- -------------- —.
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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
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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
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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
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-----------------------------
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---------------------------
N 89'46'02" E 158.26'
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ORIGINAL LOT LINE
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10' WIDE UTILITY S 89'46'02" W I-„________
EASEMENT 7--- ---------------------
/ 10.5 / 8.88 I cn
S 17'56'13” W �/ 10' Go
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17.37'
/ � I
NEW PROPERTY LINE / 10.52' ./
N 89'46'01" E 158.61'
31
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0 5 20 60
SCALE: 1 " = 20'
LEGEND d NSF0 sG�\
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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
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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.
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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.
MERIDIAN, ADA COUNTY, IDAHO
2007
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