Loading...
HomeMy WebLinkAboutAUP 15-002 Eileen Marquardt In-Home DaycareG1JIU'\L CITY OF MERIDIAN COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: April 2, 2015 TO: Caleb Hood, Planning Division Manager FROM: C.Jay Coles, Assistant City Planner CC: Eileen Marquardt SUBJECT: AUP-15-002 In -Home Daycare for Six or Fewer Children STAFF RECOMMENDATION Staff recommends approval of the accessory use permit for a family day care facility for six or fewer children located at 2426 S Bayou Bar Way for Eileen Marquardt, subject to the conditions outlined below: APPLICATION SUMMARY The applicant, Eileen Marquardt, has requested approval to operate a family day care facility for six or fewer children out of her home located at 2426 S Bayou Bar Way, Meridian, Idaho. LOCATION The property is located at 2426 S Bayou Bar Way. APPLICABLE CODE The property is zoned R-4, which allows for a family day care facility with written approval from the Community Development Director. Section 11-4-3-9 of the Unified Development Code (UDC) for the City of Meridian lists specific criteria for day care facilities that serve children: 1. In determining the type of day care facility, the total number of clients cared for during the day including the operator's children, and not the number of clients at the facility at one time, is the determining factor. 2. On-site vehicle pickup, parking and turnaround areas shall be provided to ensure safe discharge and pickup of clients. 3. The decision-making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. 4. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between 6:00 a.m. to 11:00 p.m. This standard may be modified through approval of a Conditional Use Permit. 5. All outdoor play areas shall be completely enclosed by minimum six-foot (6') non -scalable fence to secure against exit/entry by small children and to screen abutting properties. The fencing material shall meet the swimming pool fence requirements of the Building Code in accord with Title 10 of the Meridian City Municipal Code. 6. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. 7. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. AUP-15-002 Eileen Marquardt PAGE 1 CITY OF MERIDIAN COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT 8. In noway shall the family day care cause the premises to differ from its residential character in appearance, lighting, signs, or in the emission of noise, fumes, odor, vibrations, or electrical interference. 9. Off-street parking shall be provided as set forth in Section 11-3C-6 of this Title, in addition to the required off-street parking for the dwelling. AUP-15-002 Eileen Marquardt PAGE 2 E RIDIAN April 2, 2015 Eileen Marquardt 2426 S Bayou Bar Way Meridian, ID 83642 RE: Eileen Marquardt In -Home Dayeare (AUP-15-002) Dear Mrs. Marquardt: Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Milam Charlie Rountree David Zaremba This letter is to confirm that the Director approved the accessory use permit application for a family daycare for six (6) or fewer children out of your home located at 2426 S Bayou Bar Way. Your approval of the subject application is conditioned upon compliance with the Daycare Facility standards listed in Unified Development Code (UDC) 11-4-3-9, including but not limited to, the following ongoing conditions: 1. The maximum number of children cared for at the facility at any one time is six (6), including the applicant's own children. 2. The applicant shall maintain the approved on-site vehicle pickup, parking and turnaround areas. 3. The operation of the daycare shall be limited to the hours between 6:00 a.m. and 11:00 p.m. This standard may be modified through approval of a conditional use permit. 4. The applicant shall maintain the approved design of the outdoor play area(s). 5. All outdoor play areas shall be completely enclosed by minimum six-foot (6') non - scalable fences to secure against exit/entry by small children and to screen abutting properties. The fencing material shall meet the swimming pool fence requirements of the Building Code in accord with Title 10 of the Meridian City Municipal Code. 6. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. Per UDC 11-1A-1, a required yard is an area that extends along a property line to a depth or width specified in the setback regulations for the zoning district in which the property is located. Dimensional standards for residential districts are located in UDC 11-2A and may be obtained through the following link: httn://0wwsterlingcodifiers.comlcodeboolr/index.php?book id=306. Community Development Department . 33 E. Broadway Avenue, Ste. 102, Meridian, ID 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org Page 2 AUP-15-002 7. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. 8. In noway shall the family day care cause the premises to differ from its residential character in appearance, lighting, signs, or in the emission of noise, fumes, odor, vibrations, or electrical interference. If you fail to maintain compliance with the above standards or limitations your approval may be revoked or modified by City Council in accord with UDC 11-1-11D. The Applicant, Director, or a Party of Record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Division of the Community Development Department on or before April 17, 2015, within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 11 -5A -6B. If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. Thank you for contributing to the success of Meridian. Please help us serve you better in the future. Visit our web -site at www.meridiancity.org/Planning/ to fill out a comment card and give us feedback on how we are doing. Sincerely bleb Hood; CP Planning Division Manager CH: cc Community Development Department . 33 E. Broadway Avenue, Ste. 102, Meridian, ID 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org (I �ii� VERIDIAN44-, April 2, 2015 Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Milam Charlie Rountree David Zaremba RE: Notice of approval for the operation of an in-home daycare for six or fewer children located at 2426 S Bayou Bar Way. The Meridian Planning Department has reviewed an application to operate an in-home day care located at 2426 S Bayou Bar Way. Based on the review and inspection conducted April 1, 2015, we find that the application complies with the Unified Development Code (UDC) Title 11, Chapter 4, Section 3-9. UDC 11-4-3-9 is available for review at: bft://www.sterlingeodifiers.com/eadebook/index.php?book id=306. The applicant, Director, or a.party of record may appeal this decision or a condition of approval by requesting City Council review of this decision within fifteen days after the written decision is issued. All requests shall be filed in writing with the Planning Department no later than April 17, 2015 and shall comply with the provisions of UDC 11 -5A -6B. The application for City Council Review is available on our website at www.merdignei1V.org, or upon request from this office. For additional information about this decision or about your right to appeal, please contact this office at 208-884-5533. S' 400d,A Caleb Planning Division Manager CH1cc Encl. Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533. Fax 208-888-6854 . www.meridiancity.org (�ERJDIAN CEIVE PEAR 2 6 2015 Planning Division B)' ESS )RY USE ■ Application Checklist Projectname: —I pii len fi 8a R -Cl, rolY/Jovy File4: A'V , � Applicant/agent• I 1 �>" /1/_[�' USLrdi All applications are required to contain one copy of the following: Applicant Description staff a Completed and signed Development Review Application Narrative fully describing the proposed request Recorded warranty deed for the subject property Affidavit of Legal Interest signed and notarized by the property owner (If omier is a corporation, submit co of the. Articles of Incorporation or other evidence to show that the person signing is an authorizeda nt Neighborhood meeting Sign -in Sheet (Applicants are required to hold a neighborhood meeting to provide anopportunity for public review of the proposed project prior to die submittal ofanapplication) s _Scaled vicinity map showing the location of the subject property (can be obtained from the Plamiing Division �• Dimensioned sitlan showing oundaries of the ro oor pl n of house, area intended for accessor use, anpar kin d ar areas Fee Additional Requirements for Da care Applications Include the following additional information in the narrative: ➢ The total number of children proposed to be cared for during the da v, ➢ Total number of employees ✓� L Include fencing details on the site plan (location and type of fence ✓✓ Standards for Daycare Facilities, Statement of Compliance form signed by applicant Additional Re uirements for Home Occupation Applications Standards for Home Occu ation, Statement of Compliance form signed by applicant ✓ APPLICATION WILL, NOT BEA CCEP TED UNLESS ALL ITEMS ON THE CHECKLIST ARE SUBMITTE, D. Community Development • Planning Division n 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854N"w.meridiaiiciLy.org/plmniiig (05121/20/4) G M 8 F-CEIVEfi MAR 2 0 2015 WE ��1� ly' Planning Division DEVELOPMENT REVIEW APPLICATION STAFF USE ONLY: Project name: Ic_I_L_p.12 h Filenumber(s): Auo- 15 - Assigned Planner: C- 3im� of Review Requested (check all Accessory Use Administrative Design Review ❑ Alternative Compliance ❑ Annexation and Zoning ❑ Certificate of Zoning Compliance ❑ Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment ❑ Conditional Use Permit ❑ Conditional Use Modification Director/Commission (circle one) ❑ Development Agreement Modification ❑ Final Plat ❑ Final Plat Modification Information 7 ❑ Planned Unit Development ❑ Preliminary Plat ❑ Private Street ❑ Property Boundary Adjustment ❑ Rezone ❑ Short Plat ❑ Time Extension: Director/ Commission/Council (circle one) ❑ UDC Text Amendment ❑ Vacation: Director/ Council (circle one) ❑ Variance ❑ Other Applicant name: (_/ le r -p 07 8/3 0 t.ut rpm Phone: a O Applicant address:a 4 S, ff A u o I-4-) 4a- J Email: 2 /1 7 y / Q A f, y City: it I e N t. l 1 ct rid State: _d Zip: k's d cf D Lt L"* ,�,r� N� Applicant's interest in property: )(Own ❑ Rent ❑ Optioned El Other Owner name: 6 1 e e i 6 '��(� I l� Y I Phone: dor, Owner address: Email: f•rn !� I ;� S ig Cert y"'KYN Jj4. d_v City: 01 p r I� t w n� State: -T( Zip: 9A 6 y- 1 Agent/Contact name (e.g., architect, engineer, Firm name: f- i I e 9 - Owner Owner address: City: / Il e k'l gq IIC A Primary contact is:; Applicant ❑ Owner ❑ Agent/Contact 0 ko1 Phone: e�;O 3 - M1?A/ / mail:.T.��_�'�'1 L / State: �jjZip: 9 4/ ` J Subject Property Information Location/street address: 9 �C. 5At ( 2.t_ Township, range, section: Assessor's parcel number(s): Total acreage: Zoning district: Community Development . Planing Division x 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.merldiancitv.orWylamiing -I- (Rev. 0611212014) Project/subdivision name: to S General description of proposed project/request: Proposed zoning distriet(s): e-.41 Acres of each zone proposed: n .12 -_lr Type of use proposed (check all that apply): IbkResidential ❑ Office ❑ Commercial ❑ Employment ❑ Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development? _ Which irrigation district does this property be within? a-114 Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: Number of building lots: Number of common -lots: Number of other lots: Proposed number of dwelling. units (for multi -family developments only): 1 bedroom: 2-3 be`droo tn`s. 4 or more bedrooms: Minimum square footage of structure (excl. garage): _ Maximum building height: Minimum property size (s.f): Gross density (Per UDC 11-1A-1): Acreage of qualified open space: Average property size. (s.f ): Net density (Per UDC 114-": Percentage 14 - Percentage of qualified open space: Type and calculations of qualified open space provided in acres (Per UDC 11 -3G -3B): Amenities provided with this development (if applicable): Type of dwelling(s) proposed: ❑ Single-family Detached XSingle-family Attached ❑ Townhouse ❑ Duplex ❑ Multi -family ❑ Vertically Integrated ❑ Other Non-residential Project Summary (if applicable) Number of building lots: i Common lots: Other lots: r7 Gross floor area proposed: `,�O 0,* „(?iL- Existing (if applicable): l Hours of operation (days and hours):' Building height:�T Total number of parking spaces provided: _� Number of compact spaces provided: Authorization Printapplicant name: rc'r to 2 n OM�- Applicant signature: t 3 Date: - S Community Development • Planning Division . 33 E. Broadway Avenue, Ste. 102 Meridian,Jdaho 83642 Phone: 208-884.5533 Pax: 208-888-6854 www.meridiancitv.orp/nlannine -2- (Rev. 06/1212014) � L rS 0 C C4- Awl aq� (fz S p `O d 7 MAU►+ a.o)S �} � proeQ-SS c -F' ala �L fv Wo_lcG�� /- 3 YAr nn } Z a4k04 OZJC shO4 s � 7 e�n�u TT� IVa t I a-'® o }�Q Q- c�� a63_ g/q & 02 0c) - , a OP- STOP a� �RC�0 /�-(z(J U I isJ U � , `O d 7 MAU►+ a.o)S �} � proeQ-SS c -F' ala �L fv Wo_lcG�� /- 3 YAr nn } Z a4k04 OZJC shO4 s � 7 e�n�u TT� IVa t I a-'® o }�Q Q- c�� a63_ g/q & 02 0c) - , a OP- STOP a� �RC�0 /�-(z(J U I isJ ��� (lll• ��` 2\c dz Mo * Vinci 15� 0 hke H 2 -01E - q, '00 -0l5q'00 1q, M, ►;1 STANDARDS FOR DAYCARE FACILITIES STATEMENT OF COMPLIANCE UDC 11-4-3.9: Daycare Facility A. General standards for all child daycare and adult care uses, including the classifications of daycare center; daycare, family; and daycare, group: 1. In determining the type of daycare facility, the total number of children at the facility at one time, including the operator's children, is the determining factor. 2. On-site vehicle pickup, parking and turnaround areas shall be provided to ensure safe discharge and pickup of clients. 3. The decision-making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. 4. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between 6:00 a.m. to 11:00 p.m. This standard may be modified through approval of a Conditional Use Permit. Additional standards for daycare facilities that serve children: 1. All. outdoor play areas shall be completely enclosed by minimum six-foot (6') non -scalable fence to secure against exit/entry by small children and to screen abutting properties.. 2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. 3. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. C. Additional standards for family daycare facilities conducted as home occupations: 1. In no way shall the family daycare cause the premises to differ from its residential character in appearance, lighting, signs, or in the emission of noise, fumes, odor, vibrations, or electrical interference. 2. Off street parking shall be provided as set forth in section 11-3C-6 of this title., in addition to the required off street parking for the dwelling. Certification: 1 have read and understand the above standards for operation of a daycare facility and cert)5' that I mill condncci my business in accordancewith these standards. Ifl cannot meet these standards, 1 am not allowed this accessory use. Applicant's Signature: Date: Community Development • Planning Division • 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-88&6854 vammeridiancity.org/planning c _cn N on 0 0 w N N a IA k 4,01 q Now ff , khm, M � =iii=,tee N . I vw Jj� " 1w G 0 JW&r h bbbcr ma -r1 Ll - rd 3 nJi d� t� The Groaners herein have read and approved the following: Title File No.: 798.3968E FOR VALUE RECEIVED ELMER F. WHITE AND GENEVIEVE L. WHITE, husband and wife GRANTOR(s). doesidol hereby GRANT, BARGAIN, SELL and CONVEY unto: MICHAEL L. MARDUARDT and EILEEN M. MARDUARDT, husband and wife GRANTEES(s), whose current address is: 2426 S. Bayou Bar Way , Meridien. Idaho 83642 the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: Lot 1 in Block 4 of LOS ALAMITOS PARK SUBDIVISION N0, 2, according to the official plat thereof, filed in Beek 71 of Plats at Pages 7325 thru 7327, records of Ada County, Idaho. 97011444 3 901SE :h inwvSnAI JUN RFLE & ESCROW '97 FEB 1.3 PPI 117 FEE_ _•-• �k:LUCST OF TO HAVE AND TO HOLO the said premises, with their appurtenances unto the sold G rmloels), and Granteets) heirs and assigns forever. Ard the sold Gramorfal doosfdol hereby covenant to and With the slid Grantea(s(, that Grantorls) isiera the ownerla) In lea simple of sold promises; that sold promises ere free from all encumbrances, EXCEPT those to which this 60nV0yance Is expressly made subject and those made, suffered or done by the Grantee(s): and subjectto reservauoru, restrictions, dedloatlons, easements, rights of way and agreemams,ilf on, of record, and general taxes and assessments. gncluding hw'.tjon and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantorls) will warrant end defend the same from all lawful claims whatsoever. rF T STATE OF 3daha .fy0�rI On this 12th day ol¢dtl ,yr -in a'o r t' 1997, before me. the J1cf�tRynor.aary in arM for said State, or, ...0 MrL . P Elmer F. White �: O 'r, known slrl4ry st TtUtL'r known or idenulied to an. to he the person whose name Is subscribed to the within instmmant, and acknowledget to me that He executed the same SignaNm: �kowA Name: Tomes L. Houde Residing eC Eagle, Idaho My commiWen expire4 11129197 QkAvuonCndae%atrtbhNrnijtrOrW��tr.nALd.i.aPIDC((l��uuiTl1rE1L''�1J1rp'1MJ-L,1I�SEYuNp�.'r1}fI'—.vf 4 m1 ��ceyrU a. �mlrI'�tWsFit.tu iTA11:01 11-ukNd p�jay0ytLRi,!y�'tig•�o.�rGy'�G. n,Ou�u Oa�r.ry .rSQ- m...W...Aid)r 'hc r nnmrM fal�r A.nmcr... Lge_'Ft,,` f Y e.�ZylG.V12-Nr!�,/��Lu,S� W.YL�1Iri/,�o T been s:ai„uip.l..na .. 61 %y�€ybfs.m:xa :yNnmurr)AVYr/ ^^yq NIrPV, Vane.. .. ... s s'' 1TWhIM.M 11-MVr- My r, mm,wnm np,rcs• , . ... ... .. . Transnation Title & Escrow, Inc. Atter Recording Return To: LES BOIS CREDIT UNION P.O. BOX 140809 GARDEN CITY, IDAHO 83714 51I�cb`!0-TI� Loan Number: 56205321 [Space Above This Line For Recording Data] DEED OF TRUST DEFINITIONS 0C' FMiu� rpry 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 provided in Section 16. (A) "Security Instrument" means this document, which is dated APRIL 10, 2014 together with all Riders to this document. (B) "Borrower" is MICHAEL L MARQUARDT SR AND EILEEN M MARQUARDT HUSBAND & WIFE Borrower is the trustor under this Security Instrument. (C) "Lender"is LES BOIS CREDIT UNION Lender is a STATE CHARTERED CREDIT UNION organized and existing under the laws of IDAHO Lender's address is 7906 W. MARIGOLD, GARDEN CITY, IDAHO 83714 Lender is the beneficiary under this Security Instrument. (D) 'Trustee" is PIONEER TITLE COMPANY 775 S. RIVERSHORE, EAGLE, IDAHO 83616 (E) "Note" means the promissory note signed by Borrower and dated APRIL 10, 2014 The Note states that Borrower owes Lender ONE HUNDRED THIRTY-THREE THOUSAND AND 00/100 Dollars (U.S. S 133,000-00 ) 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, 2044 (p) "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. IDAHO. -Single Family -•Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Dochfag/c LGO W Form 3013 1101 (rev. 7/08) Page 1 of 14 www.docmagic.com (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]: ❑ Adjustable Rate Rider N [] Balloon Rider El I-4 Family Rider Condominium Rider Planned Unit Development Rider Biweekly Payment Rider Second Home Rider Other(s) [specify] (I) "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. (In "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper 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. §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 loan" under RESPA. (Q) "Successor in Interest of Borrower" 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, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the COUNTY of ADA (Type of Recording Jurisdiction) [Name of Recording Jurisdiction] IDAHO—Single Family—Fannie MaelFreddie Mac UNIFORM INSTRUMENT DocMa fc 41967wais Form 3013 1/01 (rev. 7/08) Page 2 of 14 www.dacmagic.com LOT 1, BLOCK 4, LOS ALAMITOS PARK SUBDIVISION NO. 2, ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 71 OF PLATS AT PAGE(S) 7325, 7326 AND 7327, RECORDS OF ADA COUNTY, IDAHO. A.P.N.: 03 R5330150140 which currently has the address of 2426 SOUTH BAYOU BAR WAY [Street] MERIDIAN Idaho 83642 ("Property Address"): [City] (zip Code] 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 Properly 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, 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. 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 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. IDAHO—Single FamllyFannie MaelFreddieMac UNIFORM INSTRUMENT DocMey/a411 rmw Form 3013 1101 (rev. 7105) Page 3 of 14 www.dlcmaglc.com 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments 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. If Lender receives a payment 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 first 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 furnish 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 anytime. 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. Borrower's 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 shalt then be obligated under Section 9 to repay to 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 in 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 Leader 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, IDAHO—Single Family—Fannie Mae/Freddle Mac UNIFORM INSTRUMENT DocMafc Hirmxma3 Form 3013 1/01 (rev. 7/00) Page 4 of 14 9 www.docmaglc.com OP ID: S3 EVIDENCE OF PROPERTY INSURANCE 0 DEDUCTIBLE 0 3/033/03/00 0 /201156 EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE TIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE RAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE NG INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. Fn, PHONE 208-323-8274 AC No Ert: COMPANY & Co. Inc. Insurance MetLife Auto & Home Fairview Ave. PO Box 441 ID 83642 Ballard Co. Freeport, IL 61032-1045 a No 208-322.0273 EMAIL ADDRESST: CODE: 5EGO881 IS, CODE: AGENCY CUSTOMER ID #MARQMI2: INSURED LOAN NUMBER POLICY NUMBER 2,500 ACORn 27 r9nnob91 H4283440880 Mike & Eileen Marquardt CI EFFECTIVE DATE EXPIRATION DATE 2426 S Bayou Bar Way 08/05/74 OS/OSHS CONTINUED UNTIL TERMINATED IF CHECKED Meridian, ID 83642 THIS REPLACES PRIOR EVIDENCE DATED: LOCATION/DESCRIPTION 2426 S Bayou Bar Way Meridian, ID 83642 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. HO Form03 COVERAGE/PERILS/FORMS : AMOUNT OF INSURANCE DEDUCTIBLE A. Dwelling Amount B. Other Structures Amount 308,800 1000 C. Personal Property Amount 67,800 760 D. Loss of Use Amount 231,660 E. Per Liab Ea Occ Amount 92,640 Proof Of Insurance F. Med Pay Ea Per Amount 500,000 AUTHORIZED REPRESENTATIVE 2,500 ACORn 27 r9nnob91 SHOULD ^ANY ' OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS ennITlnNA1 :NTCOCCT NAMEANDADDRESS MORTGAGEE ADDITIONAL INSURED X LOSS PAYEE LOAN # Proof Of Insurance AUTHORIZED REPRESENTATIVE ACORn 27 r9nnob91 V 7993.2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD