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)
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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)
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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
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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
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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