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Application
Mayor Tammy de Weerd City Council Members: E IDIAN�- Keith Bird Brad Hoaglun IDAHO Charles Rountree David Zaremba TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To ensure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission please submit your comments and recommendations to Meridian City Hall Attn: Jaycee Holman, City Clerk, by: 10 -Oct -13 Transmittal Date: September 24, 2013 File No.: AZ 13-012 PP 13-026 Hearing Date: October 17. 2013 Request: Public Hearing: Annexation of approximately 16 34 acres from R1 and RUT in Ada _ County to the L -O (Limited Office) (5.02) and R-8 (Medium -density Residential) (11.32 acres) zoning districts AND Preliminary Plat consisting of two (2) office lots, forty-five (45) residential lots, and eight (8) common lots on approximately 15.62 acres in the proposed L -O and R-8 zoning districts for Sagewood Subdivision. By: Sagewood Overland, LLC Location of Property or Project: South of W. Overland Road; and west of S. Stoddard Road _Joe Marshall (No FP) _Scott Freeman (No FP) —Steven Yearsley (No FP) —Michael Rohm (No FP) —Macy Miller (No FP) _Tammy de Weerd, Mayor _Charlie Rountree, C/C —Brad Hoaglun, C/C —Keith Bird, C/C _David Zaremba C/C _Sanitary Services _ Building Department / Rick Jackson _ Fire Department _Police Department City Attorney _Community Development _ City Planner _Parks Department Economic Dev. City Engineer —Meridian School District (No FP) _ Meridian Post Office (FP/PP/SHP only) _Ada County Highway District _Ada County Development Services —Central District Health _COMPASS (Comp Plan only) _Nampa Meridian Irrig. District _Settlers Irrig. District _ Idaho Power Co. (FP,PP,CUP/SHP only) _ QWeSt (FP/PP/SHP only) _ Intermountain Gas (FP/PP/SHP only) _ Idaho Transportation Dept. (No FP) _Ada County Ass. Land Records Downtown Projects: _Meridian Development Corp. —Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline _ New York Irrigation District _ Boise-Kuna Irrigation District Boise Project Board; Control /Tim Page Your Concise Remarks: City Clerk's Office • 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433 *Fax 208-888-4218 • www.meridiancity.org CVE IDIAN of Review Requested (check all that Q Annexation and Zoning ❑ Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment ❑ Conditional Use Permit ❑ Conditional Use Permit Modification ❑ Design Review ❑ Final Plat ❑ Final Plat Modification ❑ Planned Unit Development Q Preliminary Plat ❑ Private Street ❑ Rezone ❑ Short plat ❑ Time Extension (Commission or Council) ❑ UDC Text Amendment ❑ Vacation (Council) ❑ Variance ❑ Other Applicant Information Planning Department COMMISSION & COUNCIL REVIEW APPLICATION Applicant name: Sagewood Overland, LLC Phone: (208) 870-1040 Fax: Applicant address: 1735 S. Millenium Way, Meridian, ID Zip: 83642 E-mail: Applicant's interest in property: El Own ❑ Rent ❑ Optioned ❑ Other Owner name: Sagewood Overland LLC Phone: Owner address: Zip: E-mail: Fax: Agent name (e.g., architect, engineer, developer, representative): Engineer/Representative Firm name: Engineering Solutions, LLP Phone: (208) 938-0980 Fax: (208) 938-0941 Address: 1029 N. Rosario Street, Suite 100 Zip: 83642 E-mail: es-beckym@qwestoffice.net Primary contact is: ❑ Applicant ❑ Owner O Agent ❑ Other Contact name: Becky McKay Phone: (208)938-0980 Fax: (208)938-0941 Contact address: 1029 N. Rosario Street, Suite 100 Zip: 83642 E-mail: es-beckvm@gwestoffice.net Subject Property Information Location/street address: See Vicinity Map — South of W. Overland Road and West of S. Stoddard Road Assessor's parcel number(s): 5 122421260 1, 51224212720 and 51224212805 Township, range, section: T.3N., R.1 W., Section 24 Total acreage: 16.34 (plat — 15.62 acres) Current land use: Residential Current zoning district: RUT & R-1 33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org I (Rev. 02/08/13) Project Description Project/subdivision name: Sagewood Subdivision General description of proposed project/request: Annexation and zoning of 5.02 acres to L -O, 11.32 acres to R-8, with a preliminary plat for 45 single-family residential lots, 2 office lots and 8 common lots on 15.62 acres. Proposed zoning district(s): L -O and R-8 Acres of each zone proposed: 5.02 acres L -O, 11.32 acres R-8 Type of use proposed (check all that apply): D Residential ❑ Commercial Q Office ❑ Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development? Lot Owners Association Which irrigation district does this property lie within? Nampa & Meridian Irrigation District Primary irrigation source: Kennedy Lateral Secondary: City of Meridian Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): TBD Residential Project Summary (if applicable) Number of residential units: 45 Number of building lots: Number of common and/or other lots: 8 Proposed number of dwelling units (for multi -family developments only): 1 bedroom: 2 — 3 bedrooms: 4 or more bedrooms: Minimum square footage of structure(s) (excl. garage): Proposed building height: Minimum property size (s.f): 5,500 square feet Average property size (s.f.): 7.214 Gross density (DU/acre-total land): 3.84 Net density (Macre-excluding roads & alleys): 5.01 Percentage of open space provided: 9.67 Acreage of open space: 1.51 Percentage of qualified open space acreage: 11.65 (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Central pocket park w/picnic shelter and detached local street walkways. Amenities provided with this development (if applicable): 1.12 -acre common area, picnic area and detached sidewalks. Type of dwelling(s) proposed: Q Single-family Detached ❑ Single-family Attached ❑ Townhomes ❑ Duplexes ❑ Multi -family ❑ Other Non-residential Project Summary (if applicable) Number of building Other lots: Gross floor area proposed: TBD Existing (if applicable): N/A Hours of operation (days and hours): TBD Building height: TBD Percentage of site/project devoted to the following: Landscaping: TBD Building: TBD Paving: TBD Total number of employees: TBD Number and ages of students/children (if applicable): TBD Total number of parking spaces provided: TBD Number of compact spaces provided: TBD Authorization Print applicant name Applicant signature: 33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 (Rev. 02/08/13) SAGEWOOD SUBDIVISION ANNEXATION AND PRELIMINARY PLAT (Narrative) Sagewood Overland LLC hereby applies for annexation/rezone and preliminary plat approval of Sagewood Subdivision. The property is located south of Overland Road and west of Stoddard Road on 15.62 acres. The annexation and rezone application (16.34 acres with right-of-way) includes a request for L -O (Limited Office) on 5.02 acres and R-8 (Medium Density Residential) on 11.32 acres. The applicant requests preliminary plat approval for 2 office lots, 45 single- family residential lots and 8 common lots. The property is designated Medium Density Residential on the Meridian Comprehensive Plan Future Land Use Map. Reviewing the location of the property along a major arterial, Overland Road, and the existing office and commercial uses along the roadway corridor, it is necessary to provide a transitional use for the single family residential development. A continuation of office lots matching the existing depth and configuration of the adjoining lots will provide a necessary buffer from the arterial roadway and the more intensive uses located north of Overland Road. A conceptual site plan for the two office lots is included with this application. The request to a combination of R-8 and L -O is consistent with the designation of Medium Density Residential. The area north of the subject site is developed as the Kennedy Commercial Center and is zoned C -G (General Retail and Service Commercial District) and I -L (Light Industrial). The proposed Fall Creek development is located south of the Sagewood property, and will consist of single- family residential uses in an R-8 (Medium Density Residential) zone. Property owned by Joint School District No. 2 for a future middle school site lies south of the subject parcel with a RUT (Rural Urban Transition) zoning. Existing uses adjacent to the east boundary include a mini - storage facility (C -G), office building (C -G) and an Idaho Power substation (RUT). The Sagewood Subdivision consists of 2 office lots and 45 single-family residential lots. The minimum residential lot size is 5,500 square feet, with the average residential lot size being 7,289 square feet. The development includes lot widths varying from 50 feet to 70 feet. The gross density for the residential area is 3.84 dwelling units per acre with a net density of 5.01 dwelling units per acre. A central pocket park has been provided consisting of 1.12 acres with a picnic shelter and pathway. The project also includes a micro -path to the future school site and detached walks with an 8 -foot landscape parkway. The eligible open space for the project is 1.63 acres or 10.5 percent of the total acreage. The property can be adequately served by essential public facilities and services. A 12 -inch water main is located in Overland Road and will be extended into the subject site. An 8 -inch sewer trunk line and sewer stub were installed with the Overland Road rebuild and are located west of the subject site, adjacent to the Hardin Drain. A sewer easement for extension of the 8 - inch sewer main line across the adjoining parcel owned by Tom Pfost will be necessary. Mr. Pfost has verbally indicated he will provide the City of Meridian a sewer easement. A collector roadway with a center island will be extended south of Overland Road to serve the mixed-use development. The two office lots will take direct access from the collector road. A cross -access easement is delineated on the preliminary plat for future interconnection to the small triangle parcel located along the west boundary. Vehicular connection to the existing parking lot located east of the site is proposed. The applicant's representative has met with the current owner, Kelly Hogan and has received a verbal approval. A local loop street will provide access to the residential area. Two stub streets have been provided for future vehicular connection to the undeveloped parcel owned by Denny Johnson and lying west of the subject site. All improvements will be made in accordance with Ada County Highway District standards. The Hardin Drain traverses the site and is under jurisdiction of Nampa -Meridian Irrigation District. NMID has a recorded easement of 60 feet in width on the subject site. The District has indicated a reduction in easement width to 40 feet will be considered if the facility is piped. NMID will require approval of construction plans and a license agreement. Gravity irrigation to site is currently provided by NMID from the Kennedy Lateral. Coordination with adjoining parcels will be required for modification of the irrigation and drainage facilities. August 13, 2013 DESCRIPTION FOR L -O ZONE PROPOSED SAGEWOOD SUBDIVISION A parcel of land located in the NW %4 of Section 24, T. 3 N., R 1 W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the N '/4 coiner of the said Section 24, from which the NW comer of said section bears North 89°07'22" West, 2655.69 feet; thence along the north boundary of the NW % of said section North 89°07'22" West, 677.82 feet to a point on the prolongation of the westerly boundary of Freedomworks Subdivision, as shown in Book 103 of Plats on Page 13910, records of Ada County, Idaho, the POINT OF BEGINNING; Thence along said westerly boundary and prolongation thereof South 00041128" West, 337.43 feet; Thence North 89°00'00" West, 648.76 feet; Thence North 00°54'09" East, 7.31 feet; Thence North 00°28'27" East, 328.74 feet to a 5/8 inch diameter iron pin on the north boundary of the NW %4 of said Section 24; Thence along said north boundary South 89°07'22" East, 649.97 feet the POINT OF BEGINNING. Containing 5.02 acres, more or less. 120726-L-O.des.docx August 13, 2013 DESCRIPTION FOR R-8 ZONE PROPOSED SAGEWOOD SUBDIVISION A parcel of land located in the NW %4 of Section 24, T. 3 N., R 1 W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the N `/ corner of the said Section 24, from which the NW corner of said section bears North 89007'22" West, 2655.69 feet; thence along the north boundary of the NW '/ of said section North 89°07'22" West, 677.82 feet to a point on the prolongation of the westerly boundary of Freedomworks Subdivision, as shown in Book 103 of Plats on Page 13910, records of Ada County, Idaho; thence leaving said north boundary and along said westerly boundary and prolongation thereof South 00°41'28" West, 337.43 feet to the POINT OF BEGINNING; Thence continuing South 00°41'28" West along said westerly boundary and prolongation thereof 763.50 feet to a 5/8 inch diameter iron pin; Thence North 88°13'33" West, 186.95 feet to a 5/8 inch diameter iron pin; Thence North 87'56'19" West, 464.74 feet to a point being witnessed by a 5/8 inch diameter iron pin that bears South 87'56'19" East, 3.00 feet; Thence North 00°54'09" East, 752.35 feet; Thence South 89°00'00" East, 648.76 feet to the POINT OF BEGINNING. Containing 11.32 acres, more or less. 120726-R-8.des.docx it BASIS OF BEARING N 89'07'22" W 2655.69' W. OVERLAND ROAD ----- 649.97------ POINT OF BEGINNING L-0 ZONE 13 677.'82' 4i74 _ of S PROPOSED ANNEXATION &REZONE SAGEWOOD SUBDIVISION ENGINEERING SOLUTIONS DWG.DATE 08/13/13 N N o L-0 ZONE � I m N Q o nl Zi P. 5.02 ACRES to OI N oM 1 y I 3 vi 89 00 00- E 648.76 j POINT OF BEGINNING 13 II W R-8 ZONE N IJ. 1 to 1 1 WI. N oIM R-8 ZONE ' SIN I ole 11.32 ACRES of z � r<i 1 nl I I I 1 I I 1 I 1 1 — N 87'56'19" 1;;461;r4 N 88'13 33' W 186.95' SCALE , "=200' PROPOSED ANNEXATION &REZONE SAGEWOOD SUBDIVISION ENGINEERING SOLUTIONS DWG.DATE 08/13/13 PROJ. NO. 120726 SHEET 1 OF 1 LOCATED SECTIONS 28 & 33 T.4N., RAW., B.M. MERIDIAN, ADA COUNTY, IDAHO 1029 N. ROSARIO ST., STE. 100 MERIDIAN, IDAHO 83642 Phone (208) 938-0980 Fox (208) 938-0941 120726-REZONE.DWG bkb Untitled Mapcheck 1: L-0 Closure Summary Precision, 1 part in: 464268.716' Error distance: 0.004' Error direction: N23' 54' 07.42"w Area: 218655.08 sq. Ft. Square area: 218655.084 Perimeter: 1972.210' Point of Beginning Easting: 2451196.9034' Northing: 701745.5103' Side 1: Line Direction: S00° 41' 28.00"w an le: [000.6911 (d)] Deflection angle: [-179.3089 (d)] Distance: 337.430' Fasting: 2451192.8334' Northing: 701408.1048' Side 2: Line Direction: N89' 00' 00.00"W Angle: [-089.6911 (d)] Deflection angle: [090.3089 (d)] Distance: 648.760' Easting: 2450544.1722' Northing: 701419.4273' side 3: Line Direction: NOW 54' 09.00"E angle: [-090.0975 (d)] Deflection angle: [089.9025 (d)] Distance: 7.310' Easting: 2450544.2874' Northing: 701426.7364' side 4: Line Direction: NOW 28' 27.00"E angle: [179.5717 (d)] Deflection angle: [-000.4283 (d)] Distance: 328.740' Easting: 2450547.0079' Northing: 701755.4651' side 5: Line Direction: S89° 07' 22.00"E Angle: [-089.5969 (d)] Deflection angle: [090.4031 (d)] Distance: 649.970' Easting: 2451196.9017' Northing: 701745.5142' Mapcheck 2: R-8 Closure Summary Precision, 1 part in: 471562.240' Error distance: 0.006' Error direction: S25° 14' 17.82"E Area: 492981.15 Sq. Ft. Square area: 492981.155 Perimeter: 2816.300' Point of Beginning Easting: 2451192.8326' Northing: 701408.1057' side l: Line Direction: S00' 41' 28.00"w an le: [000.6911 (d)] Deflection angle: [-179.3089 (d)] Page 1 untitled Distance: 763.500' Easting: 2451183.6233' Northing: 700644.6613' side 2: Line Direction: N88° 13' 33.00"W Angle: [-088.9169 (d)] Deflection angle: [091.0831 (d)] Distance: 186.950' Easting: 2450996.7629' Northing: 700650.4492' side 3: Line Direction: N87' 56' 19.00"W Angle: [-179.7128 (d)] Deflection angle: [000.2872 (d)] Distance: 464.740' Easting: 2450532.3237' Northing: 700667.1661' side 4: Line Direction: NOW 54' 09.00"E Angle: [-091.1589 (d)] Deflection angle: [088.8411 (d)] Distance: 752.350' Easting: 2450544.1739' Northing: 701419.4227' side 5: Line Direction: 589° 00' 00.00"E Angle: [-089.9025 (d)] Deflection angle: [090.0975 (d)] Distance: 648.760' Easting: 2451192.8351' Northing: 701408.1003' Page 2 July 26, 2013 DESCRIPTION FOR SAGEWOOD SUBDIVISION A parcel of land located in the NW '/4 of Section 24, T. 3 N., R 1 W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the N'/4 corner of the said Section 24, from which the NW coiner of said section bears North 89°07'22" West, 2655.69 feet; thence along the north boundary of the NW %4 of said section North 89007'22" West, 1327.79 feet to a 5/8 inch diameter iron pin marking the northwest comer of the NE '/4 of said NW '/4; thence South 00°28'27" West, 48.00 feet to a point on the southerly right-of-way of W. Overland Road, the POINT OF BEGINNING; Thence along said right-of-way South 89°07'22" East, 649.79 feet to a 5/8 inch diameter iron pin marking the northwest corner of Freedomworks Subdivision as shown in Book 103 of Plats on Page 13910, records of Ada County, Idaho; Thence leaving said right-of-way South 00041'28" West along the westerly boundary of said Freedomworks Subdivision and the prolongation thereof, 1052.93 feet to a 5/8 inch diameter iron pin; Thence North 88°13'33" West, 186.95 feet to a 5/8 inch diameter iron pin; Thence North 87'56'19" West, 464.74 feet to a point being witnessed by a 5/8 inch diameter iron pin that bears South 87'56'19" East, 3.00 feet; Thence North 00°54'09" East, 759.66 feet to a 5/8 inch diameter iron pin; Thence North 0028'27" East, 280.74 feet to the POINT OF BEGINNING. Containing 15.62 acres, more or less. KL LAND r_\S T 11118 y7f1.�1�13P a <�yrFOFCb T�IIVW. 120726-office.des.docx Page 1 Untitled Mapcheck 1: SAGEWOOD SUBD BOUNDARY closure summary Precision, 1 part in: 1278610.540' Error distance: 0.003' Error direction: s76' 41' 54.12"E Area: 680442.34 sq. Ft. square area: 680442.343 Perimeter: 3394.810' Point of Beginning Easting: 2450546.6122' Northing: 701707.4641' side 1: Line Direction: 589° 07' 22.00"E An le: [-089.1228 (d)] Deflection angle: [090.8772 (d)] Distance: 649.790' Easting: 2451196.3261' Northing: 701697.5160' side 2: Line Direction: s00° 41' 28.00"w Angle: [-090.1861 (d)] Deflection angle: [089.8139 (d)] Distance: 1052.930' Easting: 2451183.6258' Northing: 700644.6626' side 3: Line Direction: N88° 13' 33.00"w Angle: [-088.9169 (d)] Deflection angle: [091.0831 (d)] Distance: 186.950' Easting: 2450996.7654' Northing: 700650.4506' side 4: Line Direction: N87° 56' 19.00"W Angle: [-179.7128 (d)] Deflection angle: [000.2872 (d)] Distance: 464.740' Easting: 2450532.3261' Northing: 700667.1674' side 5: Line Direction: N00' 54' 09.00"E Angle: [-091.1589 (d)] Deflection angle: [088.8411 (d)] Distance: 759.660' Easting: 2450544.2915' Northing: 701426.7331' side 6: Line Direction: NOW 28' 27.00"E Angle: [179.5717 (d)] Deflection angle: [-000.4283 (d)] Distance: 280.740' Easting: 2450546.6148' Northing: 701707.4635' Page 1 P1aneerTlfleGd= ='Eaf nE 3P4GIr9 1872 South Eagle Road - Meridian, ID 83642 ELECTRONICALLY RECORDED -DO NOT REMOVE THE COUNTY STAMPED FIRST PAGE AS R IS NOW INCORPORATED AS PART OF THE ORIGINAL DOCUMENT For Value Received ADA COUNTY RECORDER Christopher D. Rich AMOUNT 16.00 3 BOISE IDAHO 08/07/2013 11:03 AM pp pp II'' DEPUTY Bonnie Oberbllllglllllll lullllllll�llll�lillllll llllll lllllllll 111 l�ulllll� SenplHilcnle¢rrovie newrarvy R6CORDBD.RCQU6SY' OF PIONEER TITLE COMPANY OF ADA C 113089946 QUITCLAIM DIED Sagecrest Construction, LLC, an Idaho Limited Liability Company do hereby convey, release, remise and forever quit claim unto Sagewood Overland, LLC an Idaho Limited Liability Company whose address is 1735 South Millennium Way, Meridian, ID 83642 the following described premises, to -wit: See Exhibit A attached bereto and made a part bereof. together with their appurtenances. Dated: August 7, 2013 Sagecrest Canstxuction, LLC By r Dirk Marcum, Member �] State of Idaho, County of Ada On this 7th day of September in the year of 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Duk Marcum, known or identified to me to be the Member of the Limited Liability Company that executed the foregoing instrument, and ackAwlcdpd to me that such Limited Liability Company executed the same. muep w Commission Expires: _A&A^A r_ PIERCE COMMISSION EXPIRES 9119115 ��yOTAg a RESIDING NAMPA, IDAHO z r'1MBET An A tract of land lying in the North half of the Northwest quarter of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, State of Idaho, more particularly described as follows; BEGINNING el the Northwest comer of said Section 24; thence South 89°54' East, a distance of 800.20 feet, the REAL POINT OF BEGINNING; thence South 89'54' Easy a distance of 1177.55 feel; thence South 0015' West, adistance of 1105.70 feet; thence _ North 89°03' W est, a distance of 186.95 feet thence North 89003' Weal, a distance of460.34 fear; thence - North 0018' West, a distance of 749.98 feel; thence - North 58'05' West, a distance of 623.57 feat to the REAL POINT OF BEGINNING. - EXCEPT a tract of land lying in the Northwest quarter ofSection 24, Township 3 North, Range I West, Boise Meridian, Ada County, State of Idaho; more particularly described as follows: BEGINNING at the Northwest section comer of Section 24; thence South 8754' East, along the North line ofsaid Section 24, s distance of 800.20 fed to the'REAL POINT OF BEGINNING; thence South 89'54' Esst along said North line of Section 24, a distance of527-58 flat thence _ South 0'18' East a distance of 328.75 feet; thence North 58005' West, a distance of 623.57 feet to the REALPOINT OF BEGINNING. ALSO EXCEPT a tract of Land In the North half of the Northwest quarter of Section 24, Township 3 North, Range 1 Wast' Boise Meridian, Ada County, Idaho, being more particularly described as follows: BEGINNING at the Northwest comer ofsaid Section 24, being marked by an iron bar, thence along the boundary of that property described in lnstmmatl No. 724414, Records of Ada _ County, Ota following courses and distances: South 0'15' Weal, 54239 feet; thence South 53008' East, 201.61 feet theme South 69°43' East, 278.12 feat thane South 65°22' bast, 316.24 feet thence - South66'01'limr, 352.20 feet; thence South 77'45' Fast, 303.48 feet to a 5/8 inch iron but in the center of the area separating two - Irrigation ditches, and the REAL POINT OF BEGINNING; thence continuing along the - boundary ofsaid property described in InstrumentNo-724414 South 89003' East, 316.93 feet to a 5/8 inch iron bar in the center of the area separating we - irrigation ditches; thence leaving said boundary - North 0015' Hest, 1076.50 feet to a 5/8 inch iron bar on the South right of way line of0verlmd Road; thence continuing North 0'15' East 25.00 feel to a point on the North boundary ofsaid Section 24, as described in Instrument 774414, from which point the North quarter comer of Section 24, marked by a 5/8 inch iron bar, which bears South 89054' Bast, 1008.74 feet; thence along allorth boundary ofsaid Section 24; thence North 89054' West, 319.50 feel to the Northeast comer of that property described in Inshurnm t No. 757027, Records of Ada County, from which point the Northwest sooner ofsaid Section 24 beers North 89'54' West, 1327.78 fat theme along boundary of the property described in Instrument No.757027, South VIS' East 25,00 feet to a 5/8 inch Iron bar on the South right of way line of Overland Road; thence, continuing South 0018' East, 303.75 feet to a5/8 inch iron bar marling the Southeast water ofihe,property described in Instrument No. 757027 and the Northeast comer of the property described in Instrument No. 731355, Records of Ada County; thence more cr less along a fence line separating properties as they are presently being occupied South 04730" Wes%768.06 feet to the REAL POINT OF BEGINNING, EXCEPT ditch and road rights of way. ALSO EXCEPT That certain met of land in the Northeast quarter of the Northwest quarter of Section 24, Township 3 North, Raga 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at the Northwest comer of Section 24; thence South 89054' East, 1680.59 feet along said section line In the REAL POINT OF BEGINNING; thence South 0007' West, 208.71 fact; thence South 89054' East, 208.71 feet; thence Notch 000T Ben, 208.71 fed; thence North 89054' Wen, 208.71 fad along said section line to the REAL POINT OF BEGINNING. EXCEPT ditch and road rights of way. ALSO EXCEPT a parcel of land located in the Northwest quarter ofSection 24, Township 3 North, Rangel Wast, Boise Meridian, and said parcel else being a portion ofthat Womanly Dead, filed as Instrument No. 98102821, official records of Ada County, Idaho, being more particularly described as follows: Commencing at the Northwest comer of the Nonhwest quarter of Section 24, Township 3 North, Range 1 West, Boise Meridian; thence South 8900725" East, 1680,59 feet (formerly South 89054' East, 1680,59 feet) along the Noah boundary of the Northwest quarterof Section 24 to a paint bang the REALPOINT OF BEGINNING; thence continuing South 8900725" East, 208.71 feet (formerly South 89054'Fas1. 208.71 feet) along said North boundary of the Northwest quarter to a point; thence South 0053'35" West, 48.00 fed (formerly South 0007' West) to a point lying 48.00 feet from said North boundary of the Northwest quarto; thence North 89007'25" West, 208.71 feet along a line parallel to said North boundary of the Northwest quaver Io a point thence North 0053'35" East, 48.00 fed (formerly North 0007' Eat) to the REAL POINT OF BEGINNING. ALSO EXCEPT a parcel of land located to theNorthweat quarter ofSection 24, Township 3 North, Range 1 West, Boise Meridian, and said pame18110 being a portion of that Warranty' Dead, filed as Instrument No. 98102821, official records OfAda County, Idaho, being more particularly described as follows: Cotmneaoimga( in&Northwest comer of the Northwest quarter of Section 24, Township 3 North, Range I West, Boise Meridian; thenen South 89007125" Fast, 164728 feel (formerly South 89954' East, 164728 feet) along the Noah boundary of the Northwest quarte of Section 24 to apoint, said point being the REAL POINT OF BEGINNING; thence continuing South 89°0725" Said, 33.31 fact (formerly South 89954' Ease, 33.31 feet) along said North boundary of the Northwest quarter w a point; thence South 0"5375" West, 48.00 feet (formerly South 0007' West) to a point lying 48.00 feet from said North boundary offie Northwest queaer thence North 8MT25" West, 32.96 fear parallel no said Noah boundary ofthe Northwest quarter to a point; thence _ North 0°2895" East, 48.00 feet (formerly North 098' Wast) to the REAL POINT OF BEGINNING. ALSO EXCEPT apamel of land loaned in the Northwest quarter of Section 24, Township 3 North, Range l West, Boise Meridian, and said parcel also being a portion of that Warranty Deed, filed as Instrument No. 98102821, official records of Ade County, Idaho, being more particularly described as follows: Commencing at the Northwest comer of the Northwest quarter afSection 24, Township 3 North, Range 1 West, Boise Meridian; thence South MTV' Bear, 1889.30 feel (formerly South 89"54' But, 1889.30 feet) along the North boundary of the Northwest quasar of Section 24 to apoint being the REAL POINT OF BEGINNING; themceoontinuing South 8900725" East, 88.45 feet (formerly South 89954' East, 88.45 fact) along said North boundary of the Northwest quarter to apoinp thence South 1°0195" West, 48.00 feet (formerly South 0915' West) to &point lying 48.00 feet from said North boundary of the Narthwest quaaes; Ounce North 890025" West, 88.34 feet along a line parallel to said North boundary of the Northwest quaver to a point; thetics North 0°5335" East, 48.00 feet (formerly North 0'(17' Beat) to the REAL POINT OF BEGINNING. And That certain tract of land in the Northeast quarter ofthe Northwest quarter ofSeclion 24, Township 3 Noah, Range I West, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING m the Northwest comer of Section 24; thesee South 89"54' But, 1680.59 feel along said section line to the REAL POINT OF BEGINNING; thence South 090T West, 208.71 feel; thence South 89954' East, 20871 feet; them _ North 0"07' Bast, 208.71 fact; thence North 89"54' Wast, 208.71 feet along said section line to the REAL POINT OF BEGINNING. EXCEPT ditch and mad rights of way. ALSO EXCEPT a parcel ofland lasted in the Northwest quarter of Section 24, Township 3 North, Range I West, Boise Meddian, and said parcel also being a per len ofthat Warasty Deed, filed as Instrument No. 98102821, official records of Ada County, Idaho, being mom particularly described as follows: Commencing at the Northwest comer of the Northwest quarter of Section 24, Township 3 North, Rangel West, Boise Meridian; thence " South 89a0725" Bast, 1680,59 f t (Formerly South 89954' Ease, 1680.59 f t) along arc North boundary of the Northwest quarter of Section 24 m a point being the REAL POINT OF BEGINNING; thence continuing South 89"0725" Beat, 208.71 fact (formerly South 89°54' Bast, 208.71 feet) along mid Noah boundary of the Northwest quarter to apoin4 thence South 0053'35" West, 48.00 feet (fomterly South 0907' W estj to a point lying 48.00 feel from said North boundary ofthe Northwest quarter, thence North 89°0725" West, 208.71 feet along a line parallel to said North boundary of the Northwest quarter to a point; thence North 0°5335' Fast) 48.00 feet (formerly North 0907' East) to the REAL POINT OF BEGINNING. 251 FILED EFFECTIVE CERTIFICATE OF ORGANIZATION 201) JUL 24 PM 2: 05 LIMITED LIABILITY COMPANY UAY (Instructions on back of application) SE STATE OF IDAHO 61ATE 1. The name of the limited liability company is: Sagewood Overland LLC 2. The complete street and mailing addresses of the initial designated office: 1735 S. Millennium Way Meridian Idaho 83642 (Street Address) (Melling Address. If different than street address) 3. The name and complete street address of the registered agent: Dirk Marcum 14364 Hwy 21 Boise Idaho 83716 (Name) (Sheet Address) 4. The name and address of at least one member or manager of the limited liability company: Dirk Marcum Russell D Hunemiller Address 14364 Hwy 21 Boise Idaho 83716 7887 S. Saddlebag Way Nampa Idaho 83687 5. Mailing address for future correspondence (annual report notices): 1735 S. Millennium Way Meridian Idaho 83642 6. Future effective date of filing (optional): Signature of a manager, member or authorized person. Typed Name: Dirk Marcum Signature Typed Name: *212012 use only IDAHO SECRETARY OF STATE 07/24/2013 051x00 CK: 13491 CT: 285655 SRe 1383382 1 1 111.11 = 111.11 01191111 LLC 10 1 1 21.11 = 21.11 E1MITE C 13 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA I, Dirk Marcum, Manager of Sagewood Overland LLC, 1735 S. Millenium Way, Meridian, 1D 83642, being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: Engineering Solutions, LLP 1029 N. Rosario Street, Suite 100 Q Meridian, ID 83642 to submit the accompanying application(s) pertaining to 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 for the purpose of site inspections related, to processing said application(s). Dated this day of '2013. SAGEWOOD OVERLAND LLC Dirk Marcum, Manager ICRIBED AND SWORN to before me the day d year first above written. 40H9{BB9FYpp6lg, % 1 6' L' fi dy3' a,Q� py �.a32 yb '4, P9iG (Notary Public for Idaho) �J pTA- a Residing at: mem AA _ My Commission Expir s: i� a ®YU*000 h via enyspka4F�s` Return To: JPMorgan Chase Bank, N.A. Collateral Trailing Documents P.O. Box 8000 - Monroe, LA 71203 Prepared By: Antoinette Martinez 175 N Capitol BLVD Boise, ID 83702 AOA COUNTY RECORDER J. DAVID NAVARRD AMOUNT 61.00 17 eoi6E 06DE:26 PM DEPUT Y III IIIIIIilllllllllllllllllllllll I III Use left en RECORDED—REOUE6T OF 110041428 Pioneer Deed of Trust Definitions. Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also providedin Section 16. (A) "Security Instrument" means this document, which is dated April 30, 2010, together with all Riders to this document. (B) "Borrower" is Dexter G King, An Unmarried Man as his separate estate. Borrower is the trustor under this Security Instrument. (C) "Lender" is JPMorgan Chase Bank, N.A.. Lender is a National Banking Association organized and existing under the laws of the United States. Lender's address is 1111 Polaris Parkway, Columbus, OH 43240. Lender is the beneficiary under this Security Instrument. (D) "Trustee" is Alliance Title and Escrow Corporation. (E) "Note" means the promissory note signed by Borrower and dated April 30,20 10. The Note states that Borrower owes Lender two hundred forty seven thousand two hundred fifty-one and 00/100 Dollars (U.S. $247,251.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than May 1, 2040. (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan " means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders " means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable): 1428043481 IDAH"Ingle Family-Fannle Mee*reaale Mac UNIFORM INSTRUMENT Fa 30 1101(r,7M) VMn Wallen Rlvaer FlnenNel SeM., 2D1W4203.5.0.04W22W91214Y Waal. Page 1 of VIII ❑ Adjustable Rate Rider ❑ Balloon Rider ❑ VA Rider ❑ Condominium Rider ❑ Second Home Rider ❑ Planned Unit Development Rider ❑ 14 Family Rider ❑ Biweekly Payment Rider ❑ Other(s) [specify] (1) Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non -appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments"means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (I) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similarpaper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) 'Escrow Items "means those items that are described in Section 3. (M) "Miscellaneous Proceeds " means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance " means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) 'Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA "means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, RESPA refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loanunder RESPA. (Q) "Successor in Interest ofBorrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. Transfer of Rights in the Property. This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, 1426043484 IDAHO -Single Famlry-Fennle Mae/FradMe Mac UNIFORM INSTRUMENT F 3 31/01 )rev. 7/06) VMPO Milan; Wtnsar Financial Sendcna 20100428.1.5 0 0 4002 20001214Y Initials: Page 2 0 16 �uuosniNi Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the COUNTY [Type of Recording Jurisdiction] of Ada [Name of Recording Jurisdiction] See Attached Parcel ID Number: S 1224212805which currently has the address of 1195 W Overland Road [Street] Meridian [City], Idaho 83642 [Zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Uniform Covenants. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurers check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim 1426043484 IO OSingle Family-Fannle Mae/Fredde Mac UNIFORM INSTRUMENT F 3 31/01(rev. rpB) VMF* MR.. W"or Rnandal Service. 2 010 04 2 6 3.5.0.0.400220091214Y InMNa: Page 3 al 16 wx��p which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section2, allpayments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. IfLender receives apayment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied fust to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly fl� nish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrowers obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to 1420043404 IDAHO -Single Famly.Fannle Mae)FwMie Mee UNIFORM INSTRUMENT Fo ll01(.V. 7M) VMP4o Wollem Kluwer Financial Services 201004263.5.0.D.4002200g1214V INOW$: Page 4 of 16 IIIIIIIIIIilllllilililllllllllllllll�l��i�1��1'ill ILII Illllllillllillillllllllllll Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and is such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien IOAHOSIngla Fainly -Fannie MaelFreaala Mac UNIFORM INSTRUMENT VMPO %Ndiers M., Financial S.M. 201W 2f which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lendermay obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and mightprovide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure 1426040494 IDAHO -Single FeeilyFande MealFledNe Mac UNIFORM INSTRUMENT F 0 rot trey 7A6) vMP6 Waftem Mwer Flnenoal S.nAces 201IX4260.6.0.0.400220D9121YY Inllials: Page 6 of 16 Ililllllllllllllilflillllllllillilll�l����l��ifl�l�liillllllllillllllllllf Illiilillllll the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether ornot then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does notrespond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under - all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 1426040404 IDAHO -Single Famay-Fennle MaelFreEtlie Mn UNIFORM INSTRUMENT F0 13 6T1(rea.]Nfi) VMPO MilamK wer Flnwdel SeM s 2010042635.0.0A=20091214Y INU.1a. Pape 7d 16 IIIIIIIIilllillllllliiililllllllllil�11111 Il�ililli Illllllilllllllliillllllliilllllllil 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of alien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance, If Leader required Mortgage Insurance as a condition of making the Loan, Borrower shallpay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall 1626a mm IOANOSingle Famlty-FWnTe MaelFredde Mac UNIFORM INSTRUMENTF 30 Nltrev.T,D6) VMPW VMors N wer Flnenciel SelvIces 201004263.5.0.6.40MM1214Y InlVele: Pegs Bol l6 Ill not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions.that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (A) Any such agreements will not affeetthe amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amountBorrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (B) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs 3484 142504 IDAHOSIngle FamllyFenNe M.dFmdit Mee UNIFORM INSTRUMENT a 1 1117M) vMP48 YOH= Wmvar Financial S"ce, 201004263.50.0.4=WD1214V Inlllel4: _ _Page 9 0 IS and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest inthe Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. IDAHO -Single Family -Fannia Mea/FnaEde Mac UNIFORM INSTRUMENT F 3 All (rev. 7NBI VMPO Ntlers Hlvxer Finenaal SeMres 20100420.5.0.0 41=20191214Y INllal' ,Pa0e1001B 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest ofBorrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attomeys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 1426043484 IDAMO3ingle Family-Fanale MealFra6fe Mae UNIFORM INSTRUMENT F 0 BN (mw ]0) vMM 4Wllera KI.., Rnandal Services 201004263.6A.0.400220081214Y Ilillllllllllllllliilllliilllilillll�l�ii�ll��ill�iliililiiililiillllliillllllllllllll Inl6els rFew 11.116 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrowerhas designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There maybe only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. - --- - - Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within IDAHO -Single Femlly-Fannie MaelFretltlle Mac UNIFORM INSTRUMENT�� / form JDy 1N1(rev. 91DB) Wn WbItem Mwer Finandal S.M., 201004203.5.D.OADPMM1214Y InlftyfPage 12018 which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of ajudgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in - ---- one or more of the following forms, as selected by Lender: (a) cash; (b) money order; {c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and 1426043484 IDANOSinpleVaFemlly-Fannle MeelFretltlle Mae UNIFORM INSTRUMENT j1/01 (re¢rN6) IDAH MIlen WerFinancial Sanims 201004203b.0.0.400220081214Y IMI Raba 13 o110 lillllll 11111 illll 111 lilll iiill llli�l�l ��l��l�ll�l�illl cilli lllil loll illii illll 1111 till opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. Non -Uniform Covenants. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require IDAHO -Single Farally-Fannia MaelFreclale Mae UNIFORM INSTRUMENT �A" free "on" VMPV Wolters lgu er Financial 6ertices 201 DDInU.0040D220091214Y Initials: Pape 14 o116 immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided In this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shalt execute or cause Trustee to execute written notice of the occurrence of an event of default and of Lender's election to cause the Property to be sold, and shall cause such notice to be recorded In each county in which any part of the Property is located. Lender or Trustee shall mail copies of the notice as prescribed by Applicable Law to Borrower and to other persons prescribed by Applicable Law. Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable Law. After the time required by Applicable Law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or Implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is permitted under Applicable Law. 24. Substitute Trustee. Lender may, for any reason or cause, from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. 25. Area and Location of Property. The Property is (a) located within an incorporated city or village; (b) not more than 80 acres, regardless of its location, provided it is not principally used for the agricultural production of crops, livestock, dairy or aquatic goods; or (c) not more than 40 acres, regardless of its use or location. vMn BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Borrower Dhlfter1gWng Date Seal Acknowledgment State ofTE)CftS County of 44r -b/14- - 5 �P2tc ,3Oj ZD/ o :23L ntE �Jlc�� On / before me , a Notary Public in and for said County and State, personally appeared known or identified to me to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he, she or they executed the same. My commisss: ROSANNE E, DUKE Residing at MY COMMISSION EXPIRES AUGUST 10. 2012 Space below notary acknowledgment(s) intentionally left blank 1426043494 IDAHOSIMIe FeMy-Fenne MaelFre66le Mw UNIFORM INSTRUMENT r111111111 vol (.v 7=1 VMPM w tem KIv er Fina al Somm. 201664263.50.0.4=2D991214Y IMllelPa9e%o116 11 ii11111111111111111 315085 EI[Mfr A A tract of land in the North half of the Northwest quarter of Section 24, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Beginning at the Northwest comer of said Section 24, being marked by an iron bar; Thence along the boundary of that property being described in Instrument No. 724414, records of Ada County, Idaho, the following courses and distances: South 0°15' West, 542.39 feet; Thence South 53°09' West, 201.61 feet; Thence South 69°43' East, 278.12 feet; Thence South 65022' East, 316.24 feet; Thence South 66*01' East, 352.20 feet; Thence South 77°45' East, 303.48 feet to a 5/8 inch iron bar in the center of the area separating two irrigation ditches, and the REAL POINT OF BEGINNING; Thence continuing along the boundary of said property described in Instrument No. 724414, South 89003' East, 316.93 feet to a 5/8 inch iron bar in the center of the area separating two irrigation ditches; Thence leaving said boundary, North 0° 15' East, 1076.50 feet to a 5/8 inch iron bar on the South right of way line of Overland Road; Thence continuing North 0°15' East, 25.00 feet to a point on the North boundary of said Section 24, as described in Instrument No. 724414, from which point the North quarter comer of Section 24, Marked by a 5/8 inch iron bar, bears South 89°54' East, 1008.24 feet; Thence along the North boundary of said Section 24, North 89°54' West, 319.50 feet to the Northeast comer of that property described in Instrument No. 757027, records of Ada County, Idaho, from which point the Northwest comer of said Section 24 bears North 89°54' West, 1327.78 feet; Thence along the boundary of the property described in Instrument No. 757027, South 0°18' East 25.00 feet to a 5/8 inch iron bar on the South right of way line of Overland Road; Thence continuing South 0018' East, 303.75 feet to a 5/8 inch iron bar marking the Southeast comer of the property described in Instrument No. 757027 and the Northeast corner of the property described in Instrument No. 731355, records of Ada County, Idaho; Thence more or less along a fence line separating properties as they are presently being occupied, South 0°17'30" West, 768.06 feet to the REAL POINT OF BEGINNING. AND EXCEPTING that portion Deeded to Ada County Highway District as Instrument No. 107106350 and re- recorded as Instrument No. 107122656, dated August 30, 2007. EXCEPT any portion of the above described property lying within the right-of-way for Overland Road. RECORDATION REQUESTED BY: Bank of that Cesestlse Garden CRY Breach 4128 Ad en, Sheet Garden City, ID 83714 WHEN RECORDED MAIL TO: Bank of the Cascades Garden City Brand, 4128 Ad... Street Gordan City, ID 83714 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT ZI.00 7 BOISE YIDAHO P@W T�lroe oe:aa FM III IIIIIIIIIIIIIIIIIIIIIIIIIIIII II III DEPUTY D— EOUEST O 108138328 RECORDED—REQUEST OF Title One rjaEGI0R©IliIL DEED OF TRUST THIS DEED OF TRUST is dated December 31, 2008, among DEXTER G KING, an Unmarried Men, whose address Is 109 SUMMIT COVE, TROPHY CLUB, TX 73232 ("Grantor"): Bank of the Cascades , whose address is Garden City Branch, 4128 Adams Street, Garden City, 10 83714 (referred to below sometimes as "Lender" and Sometimes as "Beneficiary"): and Thleono Corporation, whose address Is 1101 W River St, Suite 201, Bolsa, ID 83702 hastened to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration. Grantor does nsrsby bravocably grant, bargain. Sell and convey in trust, wbh power of eels, 1. Trusts, for the benefit of Lander as aeMasisry, ell of Grantor's right. are, and Interest 1n and to the following described real property. together with all existing or subsequently erected on affixed buildings, Improvements and fldums: all easements, rights of way, and appurtenances; ell water, water rights and ditch rights (Including stock in utilities with ditch or Irrigation rightal; and all other rights, royaMea, antl pronto relating to the real property, including withom limitation all minerals, oil, pas, geothermal and similar matters, (the R911111 Property") located in ADA County, State of Idaho: See EXHIBIT "A", which is attached to this Deed of Trust and made a pert of this Deed of Trust as if fully set forth herein. The Real Property or Its address is commonly known as 1195 WEST OVERLAND ROAD, MERIDIAN, ID 83842. CROSS -COLLATERALIZATION. In addition to the Note, this Dsetl of Trust aseures ell obligations, debts and liabilities, plus interest thereon, of Grantor to inner, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether now extents or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or rpt due. direct or indirect, determined or undetermined. absolute or contingent, liquidated or unliquidated, whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation parry or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be an hereafter may become otherwise unenforceable. It the Lender is required to give notice of the right to cancel under Truth in Lending In cmrreclim with any additional loans, extensions of credit antl other liabilities or obligations of Grantor to Leader, then this Deed of Trust shall not secure additional loam or obligations unless and until such notice Is given. FUTURE ADVANCES. In addition to the Nola, this Dead of Trust Secures all future advances made by Lander to Grantor whether or not the advances aro made pumunH to a commitment. Specifically, without limitation, this Deed of Trust aeemes, In addition to the amounts specified in the Nato, an future amounts Lender In Its discretion may loan to Grantor, together with all Interest Instead. Grantor presently asaigrw to Lender [also known ea Beneficiary in this Deed of 7rsso all of Grantor's right, title, and interest In ant to all present and future leases of the Property and all Rents Imm the Properly. In adi itim, Cramer greats to Lender a Uniform Commercial Cade aocurity Interest in the Personal Progeny and Renta. THIS DEED OF TRUST. INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND IBI PFAFORMANCE OF ANY AND ALL OBLIGATIONS 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 all otherwise provided In this Deed of Trust, Granter shell pay to Lender all amounts secured by this Deed of Trust as they become due; and Shell strictly and In a timely manner perform all of Grantor's obligations under the Note, this Dead of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Granter'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 11) remain in possession and control of the Property; 12) use, operate or manage the Property; and 13) collect the fleets from tet Properly. The following provisions relate to the use of the Property or to other limitations on the Properly. THE REAL PROPERTY IS NOT MORE THAN EIGHTY 180) ACRES AND IS NOT PRINCIPALLY USED FOR THE AGRICULTURAL PRODUCTION OF CROPS, LIVESTOCK, DAIRY OR AQUATIC GOODS, OR IS NOT MORE THAN FORTY (401 ACRES REGARDLESS OF USE, OR IS LOCATED WITHIN AN INCORPORATED CITY OR VILLAGE. Duty to Maintain. Grantor shall maintain the Property In good condition and promptly perform all repairs, replacements, and maintenance necessary ro pr ... rve its value. Compliance Wah Environmental Law.. Grantor represents and warrants to Lender that: 11) 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 Substance by any person on, under, about or Irom the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except a. previously disclosed to and acknowledged by Lender in writing, le) eery breach or violation of any Environmental Laws, Ib) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Submance on, under, about or from the Property by any prior owners or ocgapents of the Property, or to) any actual or thremenpd litigation or claims of any Had by any person relating to such manta; and 131 Except as preymusly disclosed to end acknowledged by Lender In writing, (a) neither Grantor not any tenant. contractor, Seem or other authorized user of the Property Shall we, germato, manufacture, atone, deet, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b1 any such activity shall be conducted in compliance with all applicable federal. state, and local laws, regulations and ordinances, including withom limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, et Grantor's expense, as Lander may deem appropriate to determine compliance of the Property with this section of the Dead of Trust. Any inspections or teats made by Lender shall be for Under's purposes only and shall net be construed to create arty rasponaibllity or gehility, on the pan of LaMar to Granton of to any other perms. The mpman nations lad wanentles contained herein are based on Grantor'. due diligence In inumaageting the Property ler Hazardous Substances. Grantor hereby (11 releases and wolves any future claims against LaMar for indemnity or contribution In the event Grantor becomes liable for cleanup or other caste under any Such laws: ant 121 agree. to indemnity, defend. ens hold harmless Leader agaiast any and all Claims, fosses, liabil'nies, damages, penalties, antl expenses which Lander may directly or indiactiy sustain or suffer rmumng from a broach of this earned of the Deed of Trust or as a consequence of any use, generation, manufacture, storage. disposal, relee.e or threatened release occurring pilot 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 indemnlly and defend. shall survive the payment of Me Indebtedness and the satisfaction and reconvoyam. or Ne lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Properly, whether by foreclosure or otherwise. DEED OF TRUST Loan No: 720012279 (Continued) age 2 Nuisance, Waste. Grantor shell not cause, conduct or permit any nuisance nor commit, permit, or sutler any stripping of az waste on or to the property m any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, on grant to any other party the right to remove, any timber, minerals (Including oil and pea). coal, clay, starve, soil, gravel or rook product, without Lander's prior written SO..ant. Removed of Improvements, Glamor shell not demolish or remove any Improvements from the Reel Property without Lender's prior written consent. As a condition to the removal of any Improwormns. Lander may require Grantor to make arrangement, aatislaclory to Lender to replace much Improvements with Improvements of at Neat equal value. Lender's AWN ro Entat. Lender and LaMar's agents end repreeentaticea may enter upon the Reel Property at all ressonsble times to strand - to Lander's Interests and to Impact the Real Property for purposes of Counsel's compliance with the terms and condition of this Dead of Trost. Compliance with Gerernmal Requirement. Grantor shell promptly comply with all laws, ordinances, and regulations. now or hereafter In effect, of all governmental authorities applicable to the use or occupancy of Me Property. Granter may contest In good faith any such law, entrance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so king tie Grantor nae notified Lender In writing Prior to doing so and to tong as. in Lantler', sole opinion, LaMar's imerests in the Property are not jeopardhed. Louder may require Grantor to poet adequate security on a surety bond, reasonably satisfactory to Lender, to prlMct Lender's Interest. Duty fo Protsat. Grantor agrees neither to abandon or leave commended the Property. Grantor shall do all other acts. in addition io those acts out forth above in this ,action, which from the character and use of the property are reasonably necessary to Protect and preserve the Property. DUE ON BALE - CONSENT BY LENDER. Lender may, at Lander's option, declare Immedimely, due and Payable ell same secured by this Dead of Trust upon the sale or transfer, without LaMar', prior written consent, of all or any part of the Reel Property, or any Interest In the Reel Property. A'e.le Or transfer' means the conveyance of Real Property at any right, title or interest in the Real property; whether legal, beneficial or equitable: whether voluntary or involuntary: whether by outright Bele, deed, installment sale contract, food Contract convect for dead. Nesehwd imenest wind a term greater Men three Of years, leeseoption contract, or by sole, assignment, or tiensfer of any beneficial h iesl In or to any land must holding title to the Real Property, or by any other method of conseyence of an Interest In the Reel Property, However, this option shell net of exercised by Lender If such exercise Is prohibited by federal few or by Idaho low. TAXES AND LIENS. The following provisions miatig to Me taxes and (lane on the properly are part of this Deed of Trust: Payment. Grenmr has Pay when due (and in ell events prior to dellmop encyl all texas, special foxes, assasameno, charges (including water and cower); lines and Impositions levied against or on account of the Property. and shall pay when over all claime for work done on or for services rendered or material furnished to the Prop.nv, Grantor .hell maintain the Property free of all diem having priority over or equal to Me interest of Lander under this Deed of Trust, except for the Ilan of taxes and awessmenla not due, except for the Existing - - - - Indebtedness related to below, and except tie otherwise provided In this Deed of Trust. Flight to Comen. Grantor may withhold payment of any fox. assessment, or claim In connection with a good faith dispute over the obligation to pay. mo long as Lender's interest In Me Property Is not jeopardized. If a Ilan crimes or is Med as a result of nonpayment, Grantor shell within fig.. 115) days after Me lien arises or, if a lien I, filed, whhin fifteen 1151 days after Grantor has notice of the Rling, secure the discharge of Me Ilan, or It requaated by Lander, deposit with Lender cash or a sufficient corporate surety bond at other security satisfactory to Lender in on amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees, or other chargee that codtl acous sa a result of a lmacloeure Or safe under the lien. In any control, Grantor shall defend heed and Lander end shall sadsly any adverse Judgment belore enforcement against the Property. Grantor shall name LaMar am an additional obligee under any surety bond fmnlehed In the ..Meet prooe.o nge. Evidence of Payment. Grantor shall upon demand furnish M Lender satisfactory evidence of peymem of the texas or eases.co nm, and shell authorize the appropriate governmental official to deliver to Lander at any gme a written etatemem of the taxes and assessments against the Property. No*a of C.e then. Grantor shell notify Lender of least fifteen 115) tlays before any wort le commenced, any services ere fw,amned or any material. era supplied to the Property, it any mechanic's Ilan, materialmen's lien, or other Ilan could be asserted on account of the on, sarylcea. or materials. Grantor wig upon request of Lander fumlsh to Lander advance assurances eptlsfacro" to Lender that Grantor can and will pay the cast of such Improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to Insuring the Property are a pen of this Dead of Trust. Maintenance of Insured.. Grantor shell Procure and maintain Policies of fire insurance with etarwrd extended coverage adore.... on e replacement basis for the full Insurable value covering all Improvements an the Real Property In an amount sufficient te avoid application - of any coinsurance clause, and with a standard mongoose clause in favor or Lender, together with alien other hazard and liability insurance as Lender may reasonably require. Polloss shall W written in form, amounts, coverage, and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lander. Grantor, upon request of Lander, will deliver to Lender from time to time the Policies or Certificates of insurance in form satisfactory to Lander, including stipulations that .overages will not tee cancelled or diminlahad without at ]met tan 110) days prior written notice to Lender. Each Insurance Policy also shell Include en endorsement providing that console, In levo, of L.M r, will not W impaired In any way by my act, omission or default of Grantor or any other person. Should the Real Property be located in an are. designated by the Director of the Federal Emergency Management Agency as a special flood humid area, Grantor agrees to obtain and maintain Federal Flood Insurance, If available, within 45 days atter notice 11 given by Lander that tad Property is located In a spacial flood hazard area, for the full unpaid principal balance of the loan and any prior lions on the property assuring Me loan, up to the maximum policy limits set under the National Flood Insurance Program, on as Otherwise required by Lender, and to maintain such insurance for the term of the loan. Aapgaion of Proceed.. Grantor eheg promptly notify Lentlsr of any lees or damage to Me Property it the estimated cost o1 repair o replacement exceeds 6600.00. Lander may make proof of loss if Grantor fail. to do so withln fifteen (15) days of the casualty. Whether or not Lender's security Is impaired Lender may, at Lender'. election. mosive and retain the proceeds of any implants and apply Me proceeds to the reduction of the Indebtedness, payment of any lien alreclng 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 Me damaged or destroyed Improvements In e manner sadslactory to Lender. Lander shall, upon Betlslaclery proof of such expenditure, pay or raimbut,. Grantor Inc. the proposals for the reasonable coat of repair or resta.aeon if Grantor is not in default under this Dead of Treat. Any Proceeds which have not been disbursed within 100 days after their retic and which Lender has rot committed to the repair or restoration of the Properly shall be used fret to pay any amount owing to Lender under Mia Deed of Trust, than to pay accrued murder, and Me remainder, it any, shall be applied 10 the Principal balance of the Indebtedness. It Lander hods any Proceeds. after payment in full of the Indebtedness. such proceed. shall be paid to Grantor as Grantor's interests may appear. Consomme wish Extra" Indebtedness. Oaring the period In which any Existing Indebtedness described below Ia in effect, compliance with the insurance provisions contaimd in the Imbument evidemi g such Existing Indebtedness shall .nelhute compliance with the insurance plovislom most this Dead of Trust, to the extent compliance with the forme of this Dead of Trust would constitute a duplication of Insurance requirement. II any Proceeds Irons the insurance become payable on loss, the provisions in Mia Dead of Trust for dlvlelon of proceeds shall apply only to that Portion of the proceeds not payable M the holder of the Existing Indebtedheee. - LENDER'S EXPENDrTURES. If Grantor falls IAI to keep the Property from of all taxes, liens, security interests, encumbrances, and Other claims, (S) to provide any required insurance on the PreperY, IC) to make repairs to the Property m to comply with any obligation to maintain ExNtlAg Indebtedness in good standing as required below, than Lender may do So. If any action or WOODOding is cOmmanced Met would materially affect Lenders interests In the Property, than Lender on Grantor's behalf may, but Is not required to, take any action that Lander bollocks M be appropriate to protect Lender's Interest,. All expenses Incurred or paid by Lander for such purposes will than bear Interest at the rata charged under the Note from the dale incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a pert of the Indebtedness and, at Lander's option, will (A) W payable on demand; IBI be added to the balance of the Note and be apportioned among and be Payable with env dmagmem payments to become clue during either (l) the term of any applicable insurmmm ""icy; or in Me remelnhg term of the Nota: or ICI be treated tie a ba.m. payment which will W due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. The right, provided iter In Ihi...... raph shall be In adtlMon to any other rights or any remedies to which Lender may be entitled on account of any default. Any Such action by Lander shell 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 am a pen of MIS Dead of Trust: Title. Grantor warren that: (a) Grantor hod. pond and marketable lits of record to the Property In fee simple, free and clear of all liens DEED OF TRUST Loan Nal; 720012279 (Continued) Page 3 and encumbrances other than those out forth In the Real Property description or in the Existing Indebtedness section below or In any see Insurance policy, tithe report, or final title opinion issued in favor at, and accepted by, Lentler in connection with this Dead of Trust, and Ib) Grantor hes the full right, power, and authority to execute and deliver this Dead of Treat to Lender. Defense of TMs. Subject to the exception In Ne paragraph above, Grantor wermnle and will lorever defend the title to the Property againat IN lawful claims or all earaans. In the avant any action or proceeding is commenced that questions Grantor's tile or the Interest of Th atee or Lender under Mle Dead 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 he 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. Campil nee With law. Grantor swomm, that the Property and Grantor's use of Me Property complete with ell existing applicable Tawe, announce., and regulations of governeenul authorities. Survival of Paamisaa. All Maelsas, agreements, and statements Grantor has made in thio Dead of Trust shall survive the execution end delivery of this Deed of Trust, shall be continuing in nature and shall remain in full farce and effect until such Uma es Grantor's Indebtedness is paid in lull. j EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Dead of Trust: Exlating Lien. The lion of this Deed of Trust securing the Indebtedness may be secondary and Inferior to an existing lien. Grantor exprestly cavernous and agrees to pay, or see to the payment of, the Getting Indebtedness and to prevent any default on such Indebtedness, any default under the instrument. evidencing such Indabledouss, or any detour, under any eacumy document. for such indebtedness. j No Modification. Grantor shell not enter into any agreement with the holder of any mortgage, dead of trust, or other security agreement which has priority owr this Dead of Trust by which that agreement is modified, amended, extended, Cr renewed without the prior written consent of Lender. Grantor shall neither request her accept anV future advances under any such security agreement without the prior ! written comment of Lender. CONDEMNATION. Tho following man islone relating to condemnation proceedings are a pan of this Dead of Trust: Proceedings. If any proceeding in condemnation is filed. Grantor shall promptly notify Lender In writing, and Grantor shall promptly take such amp, as may he nocaseary to defend lite action and a term the award. Grantor may he the nominal pony in such proceeding. but Under shall be entitled to Participate in the proceeding and to be represented in the proceeding by counsel of us awn choice, and Granter will deliver or cause to be dalivernd to Under much Instruments and documentation as may be ragwatad by Lander Imo time to time to permit such participation. Applioagon of Net Praveetls. If all or any port of the property is condemned by dminent domain themselves or by any proceeding or purchase In lieu of condemnation, Lender may at Its election require that all or my portion of Me not proceeds of the owned be applied to the Indebtedness or the repair as restoration of Me Property. The net proceeds of the award shall mean the award after payment of all reasonable septa, expenses, and attorneys' lees incurred by Trustee or Leader in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The logery ire provisions mlstlrg to govstneental taxes, fees and charges ere a pan of this Deed of Truss Current Taxa., Faas and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Dead of Trust end take whatever other action is requealed by Lender to perfect and continue Lender's lien on the Real Prepany. Grantor shall fulminate Lander tot .1I taxa., ea described below, together wish all expanses incurred In recording, Perfecting or continuing this Dead of Trust. Including without limitation all taxes, fees, documentary stamps, and other chargee for recording or registering two Deed of Trust. Taxes. Tho following shall constitute taxes to which this section applies: (1I a .Pacific tax upon this type of Dead of Trust or upon all or any pan of the Indebtedness secured by this Deed of Trust; 12) a spaCllic las on Grantor which Grantor Is authorized or required to deduct from payments on the Indebtedness secured by this type of Dead of Trust; 13) a lax on this type of Dead of Treat chargeable against the Lendor or the holder of the Nom; and (4) a specific tax on all or any penton of the Indobmdneaa or on payments of princrpel and Interest made by Grantor. Scabs..... Texas. If any tax to which this auction applies is emoted subsequent to Me date of this Dead of Trust, this event shell hew Me some effect as an Event of Default, and Lentler may exercise any or all of its available rametlias for an Event al Default as provided below unless Grantor either Ill pays the tax before it becomes delinquent, or 121 contests the rax as provided above In the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or, other security satisfactory to Lander. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions totaling to this Dead of Trust as a security agreement are a pen OI thin Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of Me Property constitutes listens, entl Lender shall have all of Me rghes of a secured pad under the Uniform Commercial Coda as amended from gore to time. Security Interest. Upon request by Lender, Grantor shell take wh.mver action Is requested by Lender to parts" and continue Lender's security Interest in the Personal Property. In addition to recording this Deed of Trust in the reel property records, Under may, at any time and without funher authorization from Greater. lila .me.used counterpane, copies or reproductions of this Deed of Trust as a financing statement. Grantor shall mimbwse Lender tar all expenses Incurred In pealecllrg or continuing this security overrun. Upon defauh. Grantor shall not remove, saver or detach the Personal Property from the Propiefy. Upon dulauh, Grantor shall statements wry Personal Properly not aflixed to IN Property in a manner and at a prize. reaaonebly inn oment to Grantor and Lender and make it available to Lender within three 131 day. after recelpl of written demand from Lender to the extant permitted by applicable law. . Addresses. The mailing addresses of Grantor (debtor) one Larder (famous "MY) from which information comminirrp the remain, interest granted by this Deed of Trust may be obtained leach as required by the Uniform Commercial Code) are as stored on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY-IN-FACT. Thr, fallowing provisions romtfrg to further mummncer and attorney imfact are a part of this Deed of Trust: Further Assurances. At any time, and from time to time, upon request of Lander, Grantor will make, execute and deliver, ar will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, ceuae to be fled, recorded, refiled, or ferecorded, as the case may he, at such t mes and in such offices and places as lender may doom appropriate, any and all such mortgages, dead& of trust, security deeds, ..unity agreements, financing statements, continuation statements, Instruments of lusher a,aurancei certificates. and other documents as may, In Me eels opinion of Lander, be necesseary or desirable in order to effectuate, complete, part." continue. or preserve (II Grantor's obligations under the Nate, this Dead of Trust. and IN Related Documents, and 121 the Ilona and security interests created by this geed of Trust an the Progeny, whether now owned or hereafter acquired by Grantor. Unless prohibited by low or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for alt costs and expenses incurred in connection with the ma ters reloned to in this paragraph. Aftamev-sn-Fact. If Grantor falls to do any of the things referred to in the preceding paragraph, Lender may do so lar and in the name of Grantor and et Grantor's expense. For own pufcoeea. Granton hereby irrevocably appoint, Lender as Grantor's enorney-in-feat lar the purpose of fraking, executing, delivering, filing, recording. and doing all other things es may be mossuary on desirable, in Lender's hole opinion, to accomplish the matte" mlermd to In the pretending paragraph. FULL PERFORMANCE. If Grantor pays all Me Indebtedness, Including without limitation all future advances, when due, end otherwise perform. all the obligations Imposed upon Grantor under this Deed of Trust. Under shell execute and deliver to Trustee a request for full reconvayenae and shall execute and deliver fo Grantor suitable stmements of mrminelion o1 any literature amtamenl on file evidencing Lendae's security Interest in the Rents and the Personal Property. Any reconvaysnce lea required by law shall hes paid by Grantor, N permitted by applicable law. DEFAULT. Grantor will be in default it any of the following happens: Paymam Default. Grantor tails to make any payment when due under the Note. Other Payment Defaults. Grantor fail. to make any other payment when due under Mu Deed of Treat. Property. The prospect of payment, performance, or realization of the Property Is significantly imp.ved. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Cattail occurs under this Deed of Trust, at any time thereafter, Trust" or, Lender may DEED OF TRUST Loan No: 720012278 (Continued) Page 4 examine any one or more of the following rights and romediea: Nodoo of Default. In Me Event of Default Lander shall execute w cause the Trustee to execute a written notice of such default and of LaMar 6 election M cause the Property to be cold to @Beat, the Indebtedness, and shall cause such notice to be recorded M the office of Me r"mile, of each county wherein the Reel Pmpeny, or any pen thereof, W situated. Ele:tbn of Ramedlse. All of Lender's rights and remedies will be cumulative and may be exercised erne or togMher. An election by Lander to choose arty one remedy will net bar lander Imm using any other remedy. If Lander decides to spend money or to perform any of Grantor'. obligations ander this Dead of Trust, after Grantor's failure to do so, phot decision by Lender will net effect Lender's right m declare Grantor In default and to exercise Lender's remedies. Accessions Indebtedness. Lender shell have Me right at its option without notice M Grantor to declare the enlim Indebtednare immediately due end payable, Including any prepayment penalty which Grantor would be reached To pay. Foreclosure. With respect to all or any Pan of the Reel Property, the Trustee shall have the firm to foreclose by notice and sale, and Lender her have the fight to foreclose by judicial foreclosure, in attar case In accordance with and to the full extent provided by applicable law. UCC Rayl With respect 10 all or any Part of M0 Petitioner Properly, Lander shell have all the fight. and smi dice o1 a secured parry under the Uniform Commercial Coda. Collated Rome. LaMar shall have The right, without topic W Grantor to take possession of and menage the Property and collect the Rome, Including announce peal due and unpaid, and apply the net proceeds, over and above Under's coats, against the Indebtedness. In furtherance of this right, Under may requite any tenant or other was of dw property to make payment. of rent or use leas directly As, Lender. If the Rents are collected by Under, Men Grantor iuevocably dsulgneres Lender as Grsnmr's anorneybl-lem to endorse Incriminate iscaWed In payment thereof In the name of Gramm and to negotiate the same and collect the proceed.. Payments by rename or other users W Lender In response to Lender's demand shall satisfy the obligations lot which the "Vincent, are made, whether or not any proper grounds for the demand existed. LaMar may exercise its rights under this suboereglaph either In person, by agent, or through a receiver. Appoint Receiver. LaMar shell have the right to have a receiver appointed An Aske possession of all or any part of the Propeni with Me - power to protan and pregame the Property, to operate the Property pfecedhg foreclosure or eel., and el collect the Rents from the Propend and apply Me proceeds, over and above the cost of the receivership. against Ma Indebtedness. The resolver may carve without bond it permitted by law. Lender's right W the appointment of a receiver shall exist whether or not the apparent value of the Property, axcee is the Indebtedness by a substantial amount. Employment by Lender shall net diaauallfy, s ",am Irons serving as a receiver. Tenantry at Suff ..Me. If Grantor remarks in possession o1 the Property attar the Property 1. Bold e. -provided above-of-LBMer otherwise - -- --------- -- -- becomes andi to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Under or the purchaser of the Property and shell, at Under's option, either 111 pay a reasonable rental for the use of the Property, of 121 veate the Property Immediately upon the demand 01 Under. OMsi Remedies. Trustee or Lender shell have any other right or remedy provided in this Dead of Trust or the Note or available at low or in equity. Notre of Sole. Under shell give Grantor reasonable notice of the lime and place of any public sale of the Personal Property or of the time atter which any Private ease or outer Intended disposition of the personal Progeny le to be made. Reasonable notice shell mean ni given at west ion (10) days before the time of the sale or disposition. Any sale of Me Personal Property may ho made in conjunction with _ cny sale of Ma Real hoperty. Sale of Me property. To the extent permitted by applicable law, Grantor hereby waives any and all right. to have the Properly marshalled. In exercising Its rights and remedies. the Trustee or Lander shell be free to sell all or any Part of the Proli together or separately, in one ser or by soperate sale.. Lender shell be emitted 1. bid at any public of. oe all or any portion of Me Property. Notice of sale having been given as than regdned by law, and not lase than Me lime required by law having elapsed, Trustee, without demand on Granter, shall ..If the property at the time and piece fixed by It In the notice of sere at public auction to the highs., bidder for cash In IewfUI money of no United State$, payable at time of sale. Trustee shall deriver to the purchaser his on her dsstl conveying the Property so gold, but whMut any covenant or warranty express or implied. The rectal. In such dead of any manors w fact her be conclusive proof of the tMhlcnaas of such mater$ or facts. After deduGling all coals, fees and expenses of Trustee and o1 this Trust. including coal of evidence of title and reasonable attorneys' pari, including ,hose in connection with the fele, Trustee shall apply proceeds of sale to payment of (e) ell gums expanded ends, this Dead al Truer, felt than repaid with Interest thereon ea provided In this Dead of Trust: Ib) all Indebtedness secured 1 hereby; end Jeff the remainder, If any, to the Person or persons legally anthbd thereto. Anomays' Fara; Expense.. It Under InsMutm airy suit or action to enforce any of Me terms of this Deed of Trust, Londe, shell b anthbd Ad, recover such sum go the Court may adjudge reasonable an surreys' two at trial and upon any appeal. Whether or Mt any court action is involved, and to the extent not prohibited by low, ell reasonable expenses Lander Incurs that in Lander's opinion are necessary in arty Vista for Me protection of he interest or the enforcement of he rights shall bosoms a pert of the Indebtedness payable on demand and shall beef Intereal at the Note rate from the time of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to env limits under applicable low, Under's reasonable enorheya' tsee after default and lateral to an allCfney net [Antler's salaried employee, and Under's legal expenses whether or not Mere Is a lawsuit, Inciudifg reasonable ettsine" lees and expertise for bankruptcy proceedings Including strong to modify or vacate any automatic slay or injunction), appeals, and any anticipated poseiudBmem collection services. the coal of searching records, obtaining title reports (including foreclosure reporte), aurvell reports, and appraisal leas, 6119 Insurance, and fee. for the Trustee, to the extent Permitted by applicable few. Grantor also will pay any court costs, In addition to all other Bumf provided by law. Rights of TrvWe. Trustee shell have all of the rights and duties of LaMar as set forth in this..mien. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the rowers and obligations of Trustee ere pen of this Deed of Trusb Pa... of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have Me Power M lake the following actions with respect to Me Property upon the written r"Wn of Lander and Grantor: le) join in preparing and filing a map or plot of the Real Property, Including the dedication of nrsna or other rights to the public; Irl join in granting env easement or creating any restriction on the Reel Property: and (cl join In any aArbonirstion or other agreement affecting this Deed of Trust or the Interest of Lander under this Deed of Trust. Obggaaotie W Noft. Trustee shell not be obligated to notify any other Petry of a pending sale under any other trust deed or lien. or of any action or proceeding In which Grantor, Under, or Trustee shell be a party, unless the action or proceeding is brought by Trustee. Trustee. Trustee area meet ell qualifications required for Trustee under 6pprcable low. In addition to Me rights and remedies set forth above, whh respect to all or any pen of the Property, the Trustee Mod have the right to foreclose by notice and sale, and Lender will haw IN right to foreclose by judicial foreclosure, in either case In accordance with and to the full extent provided by applicable law. Suoa... 0, Trustee. Under, end [Antler's option, may from time io time appoint a successor Trustee M any Trustee appointed it. Mile Deed of Trust by an Instrument executed end acknowledged by [Antler and recorded in lite office of the recorder of ADA County, Stele of Idaho. The Instrument shall Contain, fn addition Mo ell other an.,. required by slate law, Me names of Me original Under, Trustee, and Grantor, the book and page where this Deed of Trust le recorded, and the name and address of the successor bust", and IM Instrument shell be executed and acknowledged by LaMar or its successors in imeteat. The successor Winters. without conveyance of the Property. shell succeed to all the title, power, and dudes conferred upon the Trustee in this Deed of Trust and by applicable low. This procedure for substitution of Trustee shell govern t0 the axCluxon of all other previsions for substitution. NOTICES. A" Ali required To be given under this Deed of Trust, including without limitation any notice of default and any notice of solo shell leu given In writing, and shall be effective when actually delivaod, when enuslry Mcelvad by teleteceimile [..%.a otherwise required by law], when deposited with a nationally recognised overnight courier, or, it mailed, when deposited In the United Slates mag, as first class, certified or registered mall postage prepold, directed to the addresses shown near the beginning of this Deed of Trust. AM copies of notices of foreclosure from Me holder of any lien which has priority owr this Dead of Trust shall be sent to Lander's address, as shown neer the beginning of this Dead of Trust. Any Person may change his or hot address for forces under this Dead of Trust by giving formal WrMen notice 10 the other parson of persona, Wi cllybg thin the p spose of the Al Is to change IN persons address. For noon: purposes, Grantor agrees to keep [Antler Informed at all times of Grantor's currant address. Unless otherwise provided or required by law, if there is are than one Omntgr, any notice given by Under to any Grantor is deemed to be notice given to all Gramma, It will be Grantor's reapOnelbrihy to tell the others of the DEED OF TRUST - Loan No: 720012279 (Continued) Page 5 notice ft.. Lewis,. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. What is written in this Dead of Trust and in the Related Documents Is Granter's entire agreement with Lender concerning the matters converted by this Deed of Trust. To be effective, any change or amendment to this Deed o1 Trust must be in Writing and must be signed by Whoever will be bound or obligated by IN change or amendment Caption Headings. Caption headings in Mis Deed of Trust are for convenience purpose. only and ere net to be used to Interpret or datlne Me provisions of this Deed of Trust. Meraph, There shall be no merger 01 the interest or estate created by thin Deed of Trust with any other interest or estate In the Property at any time hard by or for the benefit of Lender in any capacity, without the wif een comment of Lender. Movement, Law. nils Deed of Trust will be govamsd by fiderel few applicable to Lender and, to Me axtant not preempted by federal law, the Iowa of the Stele of Idaho without randy to fts conflicts of law provision.. Thin Deed of Treat has bean accepted by Lander In the SW W of Idaho. Choice of Venue. If there is a lawauib Grantor apices upon Lender's request to submit to the jurisdiction o1 the contra o1 ADA County, State of Idaho. No Waiver by Lender. Grantor understands Lender will not give up any of Lender's rights under this Deed at Twat unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean Mat Lender has given up Met right. If Lender does agree in willing to give up one of Lender's rights, Met does not mean Grantor will not have to Comply with Me other provisions o1 tee Deed of Trust. Greater also understands that If Lender does cement to a request, that dens net mean that Grantor will not have to gat Lender's concent again If the situation happens again. Grantor further understands that just because Lender conserve to one m more of Granter's requests, that does not mean Larder will he required to consent to any or Grantor's luture requests. Grantor waives presentment, demand for payment protest, and notice of dishonor. Granter waive. at, right. of ..motion from execution or similar law In the Property, am Gramm agrees that the rights of Lender in the property under this Dead of Trust are prior to Grantor's rights while this Dead of Trust memuine In effect. Sevemblety. If a coup finds that any prevision of this Dead of Trust is not valid or should not be enforced, that fact by Itself will not mean that the rest of this Deed at Twat will net be valid or enforced. Therelme, a court Will enforoe the mal of the provisions of this Deed of Trust even if a provision of this Dead of Trust may he found to be Invalid or unenforceable. Sucinhass a and Assigns. Subject to any limitations stated In this Deed of Twat on transfer of Gfanlo! s Interest, this Deetl of Trust shall he - - - -- ---- binding upon and inure to the benefit of the parties. their successors and assigns. If ownership of the Property bacomea varied in a person -- - other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors wish reference to this Dead of Trust and IN Indebtedness by way of forbearance or mr.aslon without releasing Granter from the obligations of this Dead of Trust or liability under, the Indebtedness. Tbna In of this Eased... Time is of the ean... 0 in the performance of this Deed of Trust. Waive Jury. All prole, to M6 Dead of Trust hereby waive Me right to any Jury bW in any action, procnding, or eounlemabn bought by say party seeing any other pony. Walvar of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the Stele of Idaho as to all Indebtedness secured by this Dead of Trust. DEFINITIONS. The following words shall have the following meanings when used in this Dead of Trust: Benef clary. The word'Beneficiary' means Bank of the Cascades, and its successors and assigns. Borrower. The word 'Borrower' moons DEXTER G KING and includes all eo-signore and cn makers signing Me NOW and all their successors and assigns. Dead of Trust. The words "Oeed of Trust' mean this Deed of Trust among Gramm, Lander, and Trustee, erg Includes withom limitation all assignment and security interest provision rotating to the Pamonal Property and Rants. Environmental Lewl. The words "Environmental "we' mean any and all state, federal and mud statutes, regulmiom and mdlmncea relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1880. as amended. 42 U.S.C. Section 9601, at seq. f"CERCLA"l. the Su"rhund Amendments and Raata emization Act of 1986, Pub. L, No. 89499 I'SARA"1, the He.mddus Materials Transportation Act, 49 U.S.C. Section 1801, at seq., Me Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable emu or federal Iowa, mlea, or regulations adopted pursuant thereto. Event of Dofault. The words "Event of Default' mean any of the events of default set Forth In this Deed of Trust in IN events of default section of his Deed of Trust. ExHd%q Indebtedness. The words 'E.Ieltng IndebteEnese' mean the indebtadne.s described in the Existing Liens provision of this Dead of Trust. Grantor. The wont'Grant.,' means DEXTER G KING. Hazardous Substance.. The words 'Hozardeue Subatancec' mean materials that, becau.e PI [hair, quantity. cono.n nth n or physical. chemical or Infectious charumilailes, my cause or pose a present or potential hazard to human health or the environment when improperly used, treated. stored, disposed Of, generated, manufactures, transported or otherwise handled. The words 'Hazardous Substances' are used In their very broadest sense and Include without limitation any and all hazardous or toga substances, materials or waste as defined by OF listed under the Eraimementel Laws. The term 'Hazardous Substances' also includes, without limitation, petroleum and p milause by products or any fraction thereof and asbestos. Improvements. The wont "Improvement." means ell existing and future improvements, buildings, structures, mobile homes efff.ed on the Heal Property, facilities, additium, replacements and other construction on the Reel Rupert, hkebtadnads. The word'Indabledwas" mom all principal. interest, and other amounts, costs and expanses payable under the Note or Related Documents, together with all renewals of. extamiom of, modilfcegem of, consolidations of and substitutions for Ra Note or Related Documents and any ameunia expended or advanced by Lander to discharge Grantor's obligations or expenses incurred by Trusts& or Lender to enforce Grantor's obligations under this Deed of Trost, together with interest on such amounts as piovfdad in this Dead of Trust. Specifically, without limitation, Indebtedness includes IM Imus advances sat low, In the Future Advance. provision, together with all interest thereon and all amounts that may be indirectly secured by the Cross -Collateralization provision of this Deed of Trust. Under. The word "Lender' means Bank of the Cascades , Rs successors and assigns. The words 'successors or assigns' mean any person or company that acquiree any interest in Me Note. Nate. The way "Nota' ..an. the prommm, role dated December 31, 2000. in line original principal amount of 945,556.00 from Grantor to Lender, together with all removals of, extensions of, modifications of refinancings of, camolldatons of, and substitlnlons for the promlesory note or agreement. The maturity date of this Dead of Trust is January 16, 201 B. Personal Property. The words 'Personal Pmparry' mean all equipment, fixtures, and other articles of parmonel properly now or hereafter owned by Grantor, and now or hereafter attached on 81ixod to the Real Repen, together with .II aon... fear, pans. and add'niom to, all replacements or, and all auNtitmfons for, any of such properly: and together with ell proceed. limluding without ]!.Ration all insurance proceeds and refunds of premium) from any sale or other disposition of Me Properly. Property. The word Ancestry' meant Collectively the Real Property and the Personal Property. Real Property. The ..,its "Real Property' an the real property, interests One rights, as further described in thin Dead of Trust. Related Documents. The words 'Related Documents' mean all promissory notes, credit agreements, loan agreements, environmental agreements. guarantee. security agreements, mortgages, deed. of trust, security deeds, collateral mortgages, and all other insbuments, agreements and documents, whethem now or heroefter existing, executed in connection with the Indebtedness. Renta. The word 'Renta- means all present and future rents, revenues, income, issues, royalties, profile, and other bamffts derived from Me Property. ✓. DEED OF TRUST Loan No: 720012279 (Continued) Page 9 I Traatee. The word 'Trustee' means Tltuone Corporation, whose address u 1101 W River St, Suite 201, Solae, ID $3702 end any aubal tum or successor uunwas. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TEAMS. ORANTO r 4 X IN INDIVIDUAL ACKNOWLEDGMENT STATE OF �TE/1cf}� LAS , COUNTY OF ✓''l L�1 7 ISS day of `� �'�Ma , In Ne year 20CIO , before" KKE E ll//1LL1..lRC-ICS , a notary public In and for the SIAw of Idaho, personally apPoered DEXTER G KING, know me torp ved to me on the oath of 1, to be the Person whose name la subecdba0 to tM within m t antl ackrwwled ed a the or shApaecNea Ow Notary Public fpr a , N/YnVOL� Rwld., My eommlar�— —� ROSANNE E. DUKE MY COMMISSION EXpIRES (To be used only when obligations he" 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 On, Deed of Trust have Wen fully Paid SM satisfied. You are hereby directed, upon payment to you of any sums owing to you under the tamer Of this Dead of Trust or pursuant to any applicable stable, to cancel the Note secured by this Dead of Trust (Which is dellvered to you together with Ole DOM of Trtstl, end to reconvey, without warranty, to the parts. designated by the terms of this Deed of Trust, the estate now flew by you under this Dead of Trust. Please mall the reconveyance and Rawned Documents to: Data: eanaadary: ey: Its: LASER PRO Lending, Ver. 5.42.00.004 Copr. Harland Financial Solutions, Inc. 1997, 2000. All Rlgher Reserved. -'ID G:%APPSILASERPROICHILPLIGOI.FC TR -29239 PR -24 Exhibit "A" THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF Idaho, COUNTY OF ADA CITY OF MERIDIAN, AND DESCRIBED AS FOLLOWS: A TRACT OF LAND IN THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 3 NORTH, RANGE I WEST, BOISE MERIDMN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 24, BEING MARKED BY AN IRON BAR; THENCE ALONG THE BOUNDARY OF THAT PROPERTY DESCRIBED IN INSTRUMENT NO, 724414, RECORDS OF ADA COUNTY, IDAHO, THE FOLLOWING COURSES AND DISTANCES: SOUTH OWEST, 542.39 FEET; THENCE SOUTH 53 WEST, 201.61 FEEL; THENCE SOUTH 69EAST, 278.12 FEET, THENCE SOUTH 65EAST, 316.24 FEET; THENCE SOUTH 66EAST, 352.20 FEET; THENCE - SOUTH 77EAST, 303.48 FEET TO A 518 INCH IRON BAR IN THE CENTER OF THE AREA SEPARATING TWO IRRIGATION DITCHES, AND THE REAL POINT OF DESCRIBED IN INSTRUMENT NO. 724414, SOUTH 89EAST, 316.93 FEET TO A 5/8 INCH IRON BAR IN THE CENTER OF THE AREA SEPARATING TWO IRRIGATION DITCHES; THENCE LEAVING SAID BOUNDARY, NORTH OEAST, 1076.50 FEET TO A 5/8 INCH IRON BAR ON THE SOUTH RIGHT OF WAY LINE OF OVERLAND ROAD; THENCE CONTINUING ' NORTH OEAST, 25.00 FEET TO A POINT ON THE NORTH BOUNDARY OF SAID SECTION 24, AS DESCRIBED IN INSTRUMENT NO. 724414, FROM WHICH POINT THE NORTH QUARTER CORNER OF SECTION 24, MARKED BY A-5/8 INCH IRON BAR, BEARS SOUTH 89EAST,1008.24 FEET, THENCE ALONG THE NORTH BOUNDARY OF SAID SECTION 24, NORTH 89WEST 319.50 FEET TO THE NORTHEAST CORNER OF THATPROPERTY DESCRIBED IN INSTRUMENT NO. 757027, RECORDS OF ADA COUNTY, IDAHO, FROM WHICH POINT THE NORTHWEST CORNER OF SAID SECTION 24 BEARS NORTH 89WEST, 1327.78 FEET; THENCE ALONG THE BOUNDARY OF THE PROPERTY DESCRIBED IN INSTRUMENT NO. 757027, SOUTH OEAST, 25.00 FEET TO A 5/8 INCH IRON BAR ON THE SOUTH RIGHT OF WAY LINE OF OVERLAND ROAD; THENCE CONTINUING SOUTH OEAST, 303.75 FEET TO A 519 INCH IRON BAR MARKING THE SOUTHEAST CORNER OF THE PROPERTY DESCRIBED IN INSTRUMENT NO. 757027 AND THE NORTHEAST CORNER OF THE PROPERTY DESCRIBED IN INSTRUMENT NO. 731355, RECORDS OF ADA COUNTY, IDAHO; THENCE MORE OR LESS ALONG A FENCE LINE SEPARATING PROPERTIES AS THEY ARE PRESENTLY BEING OCCUPIED, SOUTH OWFST, 768.06 FEET TO THE REAL POINT OF BEGINNING. EXCEPT ANY PORTION OF THE ABOVE DESCRIBED PROPERTY LYING WITHIN THE RIGHT-OF-WAY FOR OVERLAND ROAD. ASSESSOR'S PARCEL NUMBER: 51224212805 AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA I, Dexter G. King, 1195 W. Overland Road, Meridian, ID 83642, 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: Engineering Solutions, LLP 1029 N. Rosario Street, Suite 100 Q Meridian, ID 83642 to submit the accompanying application(s) pertaining to 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. 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 of2013. �x�Cr G. k�n4 hk �-�� Dexter G. King his of}orae, infoc{ SUBSCRIBED AND SWORN to before me the day and year first abov written. i Ali JENNIFER HOLMES (No Pak 1Tr Idaho) Notary Public State. of Idaho Residing at: ii - - - --J My Commission Expires: ( 141 2( Il e fp Ory uurs eovuowt — E ga 6S� +I ` o y_ R i I �� '£ j Iff �•= N II I� I I _ - o ,1 Ir rw.rei w s �e _ s ' I �I I 5� iFFF�F !; F ?= i Z o§s ai $L' s a < g5EY5oc yv5y@ G_pspyyy5j5�$-$E3§IFIL RRA F I r - 8�9"t ss -48 s� `sg€ ^E@61� I W�'�- i I� € I SAGEWOOD ENGINEERING DEVELOPER owNERGOPRE00RD _ PLANNER/CONTACT T SUBIDVI9I T SOLUTIONL m PRELIMINARY PIAT m roI le [ 8 g SAGE WOOD SUBIDVISION PRELIMINARY PIAT ENGINEERING (� C V OLUTIONJw 11 PLWNERI CONTACT DEVELOPEq n000 �� w-�.:' ONMERS OF RECORD ��8Fn4F 19 a xeec m x v c m.l u w' ° r°1°ia"I ...w��.."i+m IOU.d x M W I/• ° [iYl N. �fm.'q w wxi., man , v x mYeo . srt im ��� �0 a6$§g a m Titsg13 C O i: v r top "s3tiff gE g`yg$6 dF3 "AaP E —I 0 �1 gE "> F FBg § y D IN ro F+J r 2 m A m m v[ y6 P 1 e_F.FA 6 2 i kk 33 E � s 5P t f(i Y i i�•1}9P i !p P� � P E s , C�x�'(I ^ C C • S. imu vow �s Epp. puio um 1 F 1 ) p II D O _ pm1 1 1° JE 1 e! 4 l ITT !I 1 31 Y 1 r •I Zlo, O1� 331 1 iill V' e 1 YI m I ' 7- 1 �—� �•- .v '!JT fie .41 II ♦� I IA s� � �`�� �0I �1 11111. 1 I. ie m 9 1 � is ! 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MERIDIAN, ADA COUNTY, IDAHO CITY OF MERIDIAN PRE -APPLICATION MEETING NOTES Project/Subdivision Name: Applicant(s)1Contact(s): City Staff: Location: c �A Comprehensive Plan Future Land Use Map Design Guidelines Development Context: _ Proposed Use: Existing Use: G6 Surrounding Uses: e n-/ Street Buffer(s) and/or Land Use Buffer(s): - Open Space/Amenities/Pathways: Access/Stub Streets/Street System: rr-, Sewer & Water Service: '5ae ce r m. Canals/Ditches/Irrigation/Hazards: History: Additional 1leeting Notes: ! r, Proposed Zoning: Existing Zoning: - 20 Date: of Property: 4efi Notes: 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11 -5A -5C prior to submittal of an application requiring a public hearing (except for a vacation or short plat); and 2) All applicants for permits requiring a public hearing shall post the site with a public hearing notice in accord with UDC 11 -5A -5D.3 (except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during this meeting is based on current UDC requirements.and the Comprehensive Plan. Any subsequent changes to the UDC andlor Comp Plan may affect your submittal and/or application. This pre -application meeting shall be valid for four (4) months. Other Agencies/Departments to Contact: ❑ Ada County Highway District ❑ Idaho Transportation Department ❑ Sanitary Services Company ❑ Central District Health Department ❑ ❑ ❑ ❑ Nampa Meridian Irrigation District Settler's Irrigation District Police Department Fire Department ❑ ❑ ❑ ❑ Public Works Department Building Department Parks Department Other: Application(s) Required: ❑ Administrative Design Review ❑ Alternative Compliance -M Annexation ttI lZ -p° ❑ City Council Review ❑ Comprehensive Plan Amendment - Map ❑ Comprehensive Plan Amendment - Text ❑ Conditional Use Permit ❑ ❑ ❑ ❑ ❑ Conditional Use Permit Modification/Transfer Development Agreement Modification Final Plat Final Plat Modification Planned Unit Development Preliminary Plat Z h y ao d 2 U ou r l o'< Private Street ❑ ❑ ❑ ❑ ❑ ❑ ❑ Rezone Short Plat Time Extension - Council UDC Text Amendment Vacation Variance Other Notes: 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11 -5A -5C prior to submittal of an application requiring a public hearing (except for a vacation or short plat); and 2) All applicants for permits requiring a public hearing shall post the site with a public hearing notice in accord with UDC 11 -5A -5D.3 (except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during this meeting is based on current UDC requirements.and the Comprehensive Plan. Any subsequent changes to the UDC andlor Comp Plan may affect your submittal and/or application. This pre -application meeting shall be valid for four (4) months. SAGEWOOD SUBDIVISION ANNEXATION AND PRELIMINARY PLAT NEIGHBORHOOD MEETING 7/30/13 SIGN -IN SHEET Name Address 3e�, e /, 133u'' W, Oy�rz� F& ( -ygwy 9-6!,C7y7 COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11 -5A -5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-5A-5. Applicant/agen> gnature Date 33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 02108/2013) IDIAN�-- &DAHO Community Developmeni Parcel Verification Date: 7/29/13 Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 208.887.2211 The parcel information below has been researched and verified as correct by the City of Meridian Community Development Department. Project Name: Sagewood Subdivision Parcel Numbers: 51224212601 (0.77 Acres) S1224212720 (7.24 Acres) 51224212805 (7.65 Acres) T/R/S: 3N 1W 24 Property Owner: Sagecrest, LLC (15t two parcels listed above) 1735 S. Millennium Way Meridian, ID 83642 Dexter King (3`d parcel listed above) 1195 W. Overland Rd. Meridian, ID 83642 Address Verification Rev: 04/23/12 Shari Stiles From: Jerry Hastings <jhastings@adaweb.net> Sent: Wednesday, July 24, 2013 9:17 AM To: Shari Stiles; Clint Hansen Subject: Sagewood Subdivision Name Reservation July 24, 2013 Shari Stiles Engineering Solutions RE: Subdivision Name Reservation: "Sagewood Subdivision" Dear Shari, At your request I have reserved the name of "Sagewood Subdivision" for your project. I can honor this reservation only as long as your project is in the approval process. Final approval can only take place when the final plat is recorded. This reservation is available for the next ten (10) years unless the project is terminated by the client or the jurisdiction or the conditions of approval have not been met. In which case the name can be re -used by someone else. Sincerely, Jerry Hastings, P.L.S. County Surveyor Ada County, Idaho 208-287-7912 208-287-7909 Fax IhastingsCcr�.adaweb. net From: Shari Stiles rmailto:es-sharis@gwestoffice.net] Sent: Thursday, July 18, 2013 1:24 PIN To: Jerry Hastings Subject: RE: Reservation of Subdivision Name - Sagewood Jerry: Yes, we would like to use that name and transfer the project. Thank you! From: Jerry Hastings [mailto:ihastings@adaweb.net] Sent: Thursday, July 18, 2013 1:17 PIN To: Shari Stiles Subject: RE: Reservation of Subdivision Name - Sagewood Hi Shari, there seems to be a Sagewood Sub reserved by Shari Stiles on 8-23-2006 in Meridian that is inactive, the project was withdrawn by the applicant, Parcel 51225417300 Meridian ##PP -06-057 that and was set Inactive 11-16- 2011. Would you like to use that name and have me transfer the project to it? Thanks, Jerry. Jerry Hastings, P.L.S. County Surveyor Ada County, Idaho 208-287-7912 208-287-7909 Fax Ihastings(cDadaweb. net 11 ET i e J IF� �i I L FE I " _ �.� ' 4e' ' "-= �i i O Ma 3 a ma O O 3 m Im H Y. O N d N Hearing Date: October 17, 2013 Project Name: Sagewood Subdivision File No(s).: AZ -13-012 and PP -13-026 Request(s): (AZ) — Annexation of approximately 16.34 acres from RI and RUT in Ada County to the L -O (Limited Office) (5.02 acres) and R-8 (Medium -density Residential) (11.32 acres) zoning districts by Sagewood Overland, LLC; (PP) — Preliminary Plat consisting of two (2) office lots, forty-five (45) residential lots, and eight (8) common lots on approximately 15.62 acres in the proposed L -O and R-8 zoning districts. Location: The site is located on the south side of W. Overland Road; approximately 650 feet west of S. Stoddard Road in the NW % of Section 24, Township 3 North, Range 1 West, B.M.