HomeMy WebLinkAboutApplication Materialsi E C E I V
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❑ Administrative Design Review
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❑ Private Street
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❑ Property Boundary Adjustment
❑ Certificate of Zoning Compliance
by:
CTrERI
DIAN
Planning Division
DEVELOPMENT REVIEW APPLICATION
STAFF USE ONLY:t '
Project name: 7�006-)�'t
File number(s): C— 1 .-4- r,oa
Assigned Planner: G A Rrelated files:
Type of Review Requested (check all that apply)
ji7Accessoiy Use
❑ Planned Unit Development
❑ Administrative Design Review
❑ Preliminary Plat
❑ Alternative Compliance
❑ Private Street
❑ Annexation and Zoning
❑ Property Boundary Adjustment
❑ Certificate of Zoning Compliance
❑ Rezone
❑ City Council Review
❑ Short Plat
❑ Comprehensive Plan Map Amendment
❑ Time Extension:
❑ Comprehensive Plan Text Amendment
Director/ Commission/Council (circle one)
❑ Conditional Use Permit
❑ UDC Text Amendment
❑ Conditional Use Modification
❑ Vacation:
Director/Commission (circle one)
Director/ Council (circle one)
❑ Development Agreement Modification
❑ Variance
❑ Final Plat
❑ Other
❑ Final Plat Modification
Applicant Information
Applicant name:
Phone:
�ev
Applicant address: `fU % 0 N - /kL1-Q r/A- "91 Email: ! /
City: i<'/'/(li 0r1 . =J i- -D State:.Zip: � 3& 7- (D
Applicant's interest in property: VrOwn ❑ Rent ❑ Optioned ❑ Other
Owner name: , J �-f--� 2A d (210Jre elQrke— Phone:a2.0,?
Owner address: 0 4me- Email:
City:
Agent/Contact name (e.g., architect, engineer, developer, representative):
Firm name:
Agent address:
City:
Primary contact is: WApplicant ❑ Owner ❑ Agent/Contact
Information
Location/street
Assessor's parcel number(s):
State: Zip: _
Phone:
Email:
State: Zip: _
— Township, range, section: ,1�1 e.r/1(
Total acreage: Zoning district:
Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.or�planning
m _.. noir oionrel
To Whom it may concern:
This is a letter of intent to explain why I am applying for an Accessory Use Permit.
My name is Claire Clarke, and I have been grooming animals professionally since 1995. 1 am a
current member of the National Dog Grooming Association of America. I am also a Licensed
Veterinary Technician.
I intend to work from my home grooming 3-5 dogs per day. Clients will be seen by appointment
only, during regular business hours. Business hours will be Monday through Friday from 8 am to
5 pm. Animals are to be dropped off at my home by the owner at their scheduled appointment
time and picked up as soon as the animal is finished. Animals will not be permitted to remain at
my home any longer than necessary to complete their appointment. Visitors will park either at
the front of my home or in my driveway. The animals will be required to be on a leash at all
times. If an animal should go potty in my front yard, the owners will be given a potty bag and
asked to clean up after their pet immediately. Aggressive or excessively noisy animals will be
assessed by me before/during the appointment and the owners will be asked to have their pet
groomed elsewhere and/or picked up immediately.
Should there be a medical emergency with an animal, the owners will be notified immediately,
and then pet will be taken to the nearest veterinarian.
All animals will be washed and dried by hand, and then given their breed appropriate haircut per
the owners specifications.This business will cater to the special needs pets who cannot handle
the bustle and noise of a busy grooming shop. The duration of the appointments are short to
minimize stress to the animal, and to promote a caring, positive experience, with one on one
time with the groomer, NOT stuck sitting in a cage waiting for a turn. The longest cage time the
pet will experience is waiting for an owner to pick them up.
For me, grooming an animal is about the quality- not the quantity.
Thank you for your time,
Claire Clarke
STATEMENT OF COMPLIANCE FOR HOME OCCUPATION
I ,in/teend�too operate a home occupation ora OOMI Q�Dn with' my residence at:
'/!� GL Cup E / ii n._1 1� �%
I agree to operate my home occupation consistent with the standards set forth by the City of Meridian.
Those regulations are listed in the Unified Development Code (UDC) Section 11-4-3.21 and include the
following:
A. In no way shall the home occupation cause the premises to differ from its residential character in
the appearance, lighting, signs, or in the emission of noise, fumes, odors, vibrations, or electrical
interference. (Ord. 14-1592, 1-21-2014)
B. The home occupation shall be conducted entirely in the dwelling, and not more than twenty five
percent (25%) of the overall living area of said dwelling shall be used for a home occupation or for
storing goods associated with the home occupation. An attached garage may be used for a home
occupation provided it shall not reduce the required off street parking below the standard
established for that district and the area being used for the home occupation is calculated to be no
greater than twenty five percent (25%) of the overall living area of the dwelling. (Ord. 16-1672, 2-
16-2016)
C. No activity connected to the home occupation or any storage of goods, materials, or products
connected with a home occupation shall be allowed in any detached accessory structure. (Ord. 14-
1592, 1-21-2014)
D. (Rep. by Ord. 07-1325, 7-10-2007)
E. The home occupation shall not have more than two (2) outgoing pick ups per day from a common
carrier.
F. The home occupation shall be conducted by the inhabitants of the dwelling, and no more than one
nonresident employee shall be permitted.
G. The home occupation shall not serve as a headquarters or main office where employees come to
the site and are dispatched to other locations.
H. No retail sales shall be permitted from the dwelling except the sale of: 1) services or items
produced or fabricated on the premises as a result of the home occupation; or 2) products
secondarily related to the personal service aspect of the home occupation; or 3) products sold
online that are delivered to customers by mail.
I. Off street parking shall be provided as set forth in section 1 1-3C-6 of this title, in addition to the
required off street parking for the dwelling.
J. All visits by clients, customers, and/or employees shall occur between the hours of eight o'clock
(8:00) A.M. and eight o'clock (8:00) P.M.
K. The home occupation shall only be allowed as an accessory use to an allowed residential use.
(Ord. 14-1592, 1.21-2014)
Furthermore, I understand that any home occupation that has employees or clients must first be approved
by the City. As part of that approval the City will inform my neighbors about my proposed home
occupation.
I will have employees: (SYes ❑No I will have clients: Yes ❑No
I have read and understand the above standards, and certify that I will conduct my business in accordance
with these standards. If I cannot meet these standards, I understand that the City will not allow my home
occupation to continue.
Applicant's Signature: (
Applicant's Printed Name:
Applicant's Address:
Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org
Revised 11/08/2016
STANDARDS FOR HOME OCCUPATIONS
STATEMENT OF COMPLIANCE
UDC 11-4-3.21: Home Occupation: The following standards apply to all home occupation uses with the exception
that strict adherence to the standards contained in sections 11-4-3.21B, 11-4-3.21C, 11-4-3.21E, and 11-4-3.21F in
the TN -C and TN -R Districts is not required:
A. In no way shall the home occupation cause the premises to differ from its residential character in the
appearance, lighting, signs, or in the emission of noise, fumes, odors, vibrations, or electrical interference.
B. The home occupation shall be conducted entirely in the dwelling, and not more than twenty-five percent
(25%) of the gross floor area of said dwelling shall be used for a home occupation or for storing goods
associated with the home occupation. Materials may be stored in an attached garage or storage area,
provided it shall not reduce the required oft -street parking below the standard established for that district.
C. No activity connected to the home occupation or any storage of goods, materials, or products connected
with a home occupation shall be allowed in any detached accessory structure.
D. (Rep. by Ord. 07-1325, 7-10-2007).
E. The home occupation shall not have more than two (2) out -going pickups per day from a common carrier.
F. The home occupation shall be conducted by the inhabitants of the dwelling, and no more than one (1)
nonresident employee shall be permitted.
G. The home occupation shall not serve as a headquarters or main office where employees come to the site
and are dispatched to other locations.
H. No retail sales shall be permitted from the dwelling except the sale of. 1) services or items produced or
fabricated on the premises as a result of the home occupation; or 2) products secondarily related to the
personal service aspect of the home occupation; or 3) products sold online that are delivered to customers
by mail.
1. Off-street parking shall be provided as Section 11-3C-6 of this Title, in addition to the required off-street
parking for the dwelling.
J. All visits by clients, customers, and/or employees shall occur between the hours of 8:00 a.m. and 8:00 p.m.
K. The home occupation shall only be allowed as an accessory use to an allowed residential use.
Certification:
I have read and understand the above standards for the operation of a home occupation and certify that 1 ivill
conduct my business in accordance with these standards. If I cannot meet these standards, I am not allowed this
accessory use.
Applicant's Signature: C�/ ( ,u� Date:
Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org/planning
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WHEN RECORDED, RETI /RN 711:
FLRSTAAlEUG41V777LEINSURANCE CO.
1500 SOLANA BLVD, BLDG 6
WES77AKF 7x76262
A77'N.• RECORDING
Title Order No.: 61853710LA
LOAN #: 160135765
ADA COUNTY RECORDER Christopher D. Rich 2016-100988
BOISE IDAHO Pgs=12 LISA BATT 10/20/2016 02:11 PM
FIRST AMERICAN TITLE INSURANCE CO: API $43.00
Above This Line For Recording Data)
DEED OF TRUST
MIN 1006569-0000193767-7�
MERS PHONE #: 1-888-679-6377
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 provided in Section 16.
(A) "Security Instrument" means this document, which is dated September 30, 2016, together with
all Riders to this document.
(B) "Borrower" is .JEFFREY JAY CLARKE AND CLAIRE ELLEN CLARKE, HUSBAND AND WIFE.
Borrower is the trustor under this Security Instrument.
(C) "Lender" is Ditech Financial LLC
Lender is a Corporation,
Delaware.
Tampa, FL 33607.
organized and existing under the laws of
Lender's address is 3000 Bayport Drive, Suite 880,
(D) "Trustee" is FIRST AMERICAN TITLE INSURANCE COMPANY.
(E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as
a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument.
MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box
2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
(F) "Note" means the promissory note signed by Borrower and dated September 30, 2016. The Note
states that Borrower owes Lender TWOS HUNDRED TWENTY THREE THOUSAND AND NOM 00..............
• A«• /, f f t t ,1 k A ,1 /, R f R f i f L# •.• k•# f♦}• i• t R w*+• w t•• t f k+ Dollars (U.S. $223,000.00 )
plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later
than November 1, 2046.
(G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property."
(H) "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 Sgcurity Instrument, plus interest.
(1) "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 ❑ condominium Rider El Second Home Rider
El Balloon Rider O tanned Unit Development Rider ❑ Other(s) (specify]
❑ 1-4 Family Rider ❑ Biweekly Payment Rider
❑ V.A. Rider
(J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and
administrative rules and orders (that havel the effect of law) as well as all applicable final, non-appealableju icial opinions.n/
IDAHO --Single Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3013 1/01 (rev. 7108) Initials: lv�C-11-
Ellie Mae, Inc. Page 1 of 9 D E D 0315
ID EED (CLS)
09/29/20 5AMPST
LOAN #: 160135755
(K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges
that are imposed ori Borrower or the Property by a condominium association, homeowners association or similar
organization.
(L) "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, utomated teller machine transactions, transfers initiated by telephone, wire
transfers, and automated clearinghous transfers.
(M) "Escrow Items" means those ite s that are described in Section 3.
(N) "Miscellaneous Proceeds" mea s any compensation, settlement, award of damages, or proceeds paid by any
third party (other than insurance proc+eds paid under the coverages described in Section 5) for: (i) damage to, or
destruction of, the Property; (]i) Conde nation 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.
(0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan.
(P) "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.
(Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing
regulation, Regulation X (12 C.F.R. Part 1024), 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 re ated mortgage loan" under RESPA.
(R) "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 udder the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROI�ERTY
The beneficiary of this Security Instrument is MERS (solely as nominee for lender and Lender's successors and assigns)
and the successors and assigns of MERS. 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
[Type of Recording Jurisdiction) of Ada [Name of Recording Jurisdiction):
APN #: R1080010230
See Exhibit I
which currently has the address of 4073 N Nuova Way, Meridian,
IStreetl [City]
Idaho 83646 ("PropedyAddress"):
[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 understands and
agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary
to comply with law or custom, MERS (s nominee for Lender and Lender's successors and assigns) has the right: to
exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take
any action required of Lender including, but not limited to, releasing and canceling this Security Instrument.
BORROWER COVENANTS that Borrrower is lawfully seised of the estate hereby conveyed and has the right to grant
and convey the Property and that the Pr perty is unencumbered, except for encumbrances of record. Borrower warrants
and will defend generally the title to the roperty 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 ort, 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 /Y
IDAHO --Single Famlly--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3013 1/01 (rev. 7/08) Initials:
Ellie Mae, Inc. Page 2 of 9 (16§0
ED 0315
D (CLS)
S 09/29/2 AM PST
ti
LOAN #: 160135755
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 d awn 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 Lend r in accordance with the notice provisions in Section 15. Lender may return any
payment or partial payment if the payry ant 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 pay ent 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 L napplied funds. Lender may hold such unapplied funds until Borrower makes
payment to bring the Loan current. If B )rrower 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.
2. Application of Payments or Pdoceeds. 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, L�nder may apply any payment received from Borrower to the repayment of the
Periodic Payments if, and to the extent ttlat, each payment can be paid in full. To the extent that any excess exists after
the payment is applied to the full paymdnt 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 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. 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 shall 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 accordanae 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 orAppli�able 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.
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4. Charges; Liens. Borrower shal pay all taxes, assessments, charges, fines, and impositions attributable to the
Property which can attain priority overt iis 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 bny 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 agreem _Int; (b) contests the lien in good faith by, or defends against enforcement of the
lien in, legal proceedings which in Lder's opinion operate to prevent the enforcement of the lien while those
proceedings are pending, but only until Isuch proceedings are concluded; or (c) secures from the holder of the lien an
agreement satisfactory to Lender subor inating the lien to this Security Instrument. If Lender determines that any part
of the Property is subject to a lien 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.
S. Property Insurance. Borrowerhall keep the improvements now existing or hereafter erected on the Property
insured against loss by fire, hazards in luded 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 & arges each time remappings or similar changes occur which reasonably might
affect such determination or certificatioti. 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, Lender may 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 sh II 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 might provide 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 includestandard mortgage clause, and shall name Lender as mortgagee and/or as
an additional loss payee. Lender shall ave the right to hold the policies and renewal certificates. If Lender requires,
Borrower shall promptly give to Lender II 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 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 ork is completed. Unless an agreement is made in writing or Applicable Law
requires interest to be paid on such ins rance proceeds, Lender shall not be required to pay Borrower any interest or
earnings on such proceeds. Fees for p lic 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 or not 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 not respond ithin 30 days to a notice from Lender that the insurance carrier has offered to
settle a claim, then Lender may negoti a and settle the claim. The 30 -day period will begin when the notice is given.
In either event, or if Lender acquires th 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 re iding
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in the Property, Borrower shall maintain th 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 Prooperty 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 r of sufficient to repair or restore the Property, Borrower is not relieved of Borrower's
obligation for the completion of such rep 3ir or restoration.
Lender or its agent may make reaso iable entries upon and inspections of the Property. If it has reasonable cause,
Lender may inspect the interior of the in iprovements on the Property. Lender shall give Borrower notice at the time of
or prior to such an interior inspection sp@cifying such reasonable cause.
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 (orfailed to provide Lenderwith material information)
in connection with the Loan. Material representations include, but are not limited to, representations concerning
Borrower's occupancy of the Property a$ 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 a lien 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 reason ble or appropriate to protect Lender's interest in the Property and rights under
this Security Instrument, including prote ting and/or assessing the value of the Property, and securing and/or repairing
the Property. Lender's actions can includ , but are not limited to: (a) paying any sums secured by a lien which has priority
over this Security Instrument; (b) appea ing in court; and (c) paying reasonable attorneys' fees to protect its interest in
the Property and/or rights under this SOcurity 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 ection 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this
Security Instrument. These amounts s all 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. Borrower shall
not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall
not, without the express written consentf Lender, alter or amend the ground lease. If Borrower acquires fee title to the
Property, the leasehold and the fee title hall not merge unless Lender agrees to the merger in writing.
10. Mortgage Insurance. If LenderrequiredMortgage Insurance as a condition of making the Loan, Borrower shall
pay 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 req ired to obtain coverage substantially equivalent to the Mortgage Insurance
previously in effect, at a cost substanti ily equivalent to the cost to Borrower of the Mortgage Insurance previously in
effect, from an alternate mortgage insur r selected by Lender. If substantially equivalent Mortgage Insurance coverage
is not available, Borrower shall continu 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 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) qrovided by an insurer selected by Lender again becomes available, is obtained,
and Lender requires separately designaked 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 proride 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 byAppiicble Law. Nothing in this Section 10 affects Borrower's obligation to pay interest
at the rate provided in the Note.
Mortgage Insurance reimburses Lq Inder (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:
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(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage
Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower 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, e ndlor to receive a refund of any Mortgage Insurance premiums that were
unearned at the time of such canceliz tion 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 Miiscellaneous 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 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 tolBorrower. 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, destrtion, or loss in value of the Property in which the fair market value of the Property
immediately before the partial taking, d struction, or loss in value is equal to or greater than the amount of the sums
secured by this Security Instrument im mediately 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 shell 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 pward to settle a claim for damages, Borrower fails to respond to Lender within
30 days after the date the notice is giveh, 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
in the 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.
12. Borrower Not Released; For earance 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 of
Borrower. 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 lntere�t 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 N to (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage,
grant and convey the co-signer's interes 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.
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14. Loan Charggs. Lender may charge Borrower fees for services performed in connection with Borrower's default,
for the purpose of protecting Lender's i terest in the Property and rights under this Security Instrument, including, but
not limited to, attorneys' 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 nod charge fees that are expressly prohibited by this Security Instrument or by
Applicable Law.
If the Loan is subject to a law which ets 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 he amount necessary to reduce the charge to the permitted limit; and (b) any
sums already collected from Borrower w�lich 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.
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 Borrower has 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 may be 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 tb 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 underApplicable 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 contractor might be silent, but such silence shall not be construed as a prohibition against
agreement by contract. In the event th t 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 Borr wer is sold or transferred) without Lender's prior written consent, Lender may
require immediate payment in full of all 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 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 a judgment 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 ri hts 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 Tis Security
IDAHO --Single Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30131/01 (rev. 7108) Initials: t✓
Ellie Mae, Inc. Page 7 of 9 1 ED 0315
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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 Loin Servicer, Borrower will be given written notice of the change which will state
the name and address of the new Loon Servicer, the address to which payments should be made and any other
information RESPA requires in connectidn 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 b transferred to a successor Loan Servicer and are not assumed by the Note
purchaser unless otherwise provided bthe Note purchaser.
Neither Borrower nor Lender may c mmence, join, or be joined to any judicial action (as either an individual litigant
or the member of a class) that arises fr m 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 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 usd in this Section 21: (a) "Hazardous Substances" are those substances defined
as toxic or hazardous substances, pollu ants, 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 Propert Is located that relate to health, safety or environmental protection; (c)
'Environmental Cleanup" includes any r sponse action, remedial action, or removal action, as defined in Environmental
Law; and (d) an 'Environmental Condi ion" means a condition that can cause, contribute to, or otherwise trigger an
Environmental Cleanup.
Borrower shall not cause or permit he 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) hat is in violation of any Environmental Law, (b) which creates an Environmental
Condition, or (c) which, due to the pr$sence, 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 accordan a with Environmental Law. Nothing herein shall create any obligation on Lender
for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Bohower 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 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 shall 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. 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 entitleq t it.
. 1
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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 m y, for any reason or cause, from time to time remove Trustee and appoint a
successor trustee to any Trustee appoir ted hereunder. Without conveyance of the Property, the successor trustee shall
succeed to all the title, power and dutie conferred upon Trustee herein and by Applicable Law.
25. Area and Location of Propert 1. 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) lot more than 40 acres, regardless of its use or location.
BY SIGNING BELOW, Borrower ccepts and agrees to the terms and covenants contained in this Security
Instrument and in any Rider executed by Borrower and recorded with it.
State of ADA County ss:
On this 30th day of SEPTEMBER, 2016, before me, ., tc1r -/, a Notary Public in and
for said county and state, personally appeared JEFFREY JAY CLARKE AND CLAIRE ELLEN CLARKE known
or proved to me to be the person(s) Who executed the foregoing instrument, and acknowledged to me that he/
she/they executed the same.
In witness whereof I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
DANNY BELDEN Notary Public residing at:. -
NOTARY PUBLIC
STATE OF IDAHO My Commission Expires: ► 0 j- y
Lender: Ditech Financial LLC
NMLS ID: 1057
Loan Originator: John Silano
NMLS ID: 134741
IDAHO --Single Family --Fannie MaelFreddle Mac UNIFORM INSTRUMENT Form 3013 1101 (rev. 7/08)
Ellie Mae, Inc. Page 9 Of 9
InititEED
L
091
LOAN #: 160135755
MIN: 1006569-0000193767-7
PLANNED UNIT DEVELOPMENT RIDER
THIS PLANNED UNIT DEVELOPMENT RIDER is made this 30th day of
September, 2016 and is incorporated into and shall be deemed to amend and
supplement the Mortgage; Deed of Trust or Security Deed (the "Security Instrument")
of the same date, given by the undersigned (the "Borrower") to secure Borrower's Note
to Ditech Financial LLC
(the "Lender")
of the same date and cov ring the Property described in the Security Instrument and
located at: 4073 N Nuova y, Meridian, ID 83646.
The Property includes, but is not limited to, a parcel of land improved with a dwelling,
together with other such parcels and certain common areas and facilities, as described
in COVENANTS, CONDITIONS AND RESTRICTIONS
(the "Declaration").
The Property is a part of a' planned unit development known as Bridgetower Crossing
(the "PUD"). The Property also includes Borrower's interest in the homeowners association
or equivalent entity ownin or managing the common areas and facilities of the PUD
(the "Owners Association" Yand the uses, benefits and proceeds of Borrower's interest.
PUD COVENANTS. In addition to the covenants and agreements made in the
Security Instrument, Borrower and Lender further covenant and agree as follows:
A. PUD Obligations. Borrower shall perform all of Borrower's obligations under the
PUD's Constituent Documents. The "Constituent Documents" are the (i) Declaration;
(ii) articles of incorporation trust instrument or any equivalent document which creates
the Owners Association; and (iii) any by-laws or other rules or regulations of the Owners
Association. Borrower shall promptly pay, when due, all dues and assessments
imposed pursuant to the Constituent Documents.
B. Property Insurance. So long as the Owners Association maintains, with a
generally accepted insurance carrier, a "master" or"blanket" policy insuring the Property
which is satisfactory to Lender and which provides insurance coverage in the amounts
(including deductible levels), for the periods, and against loss by fire, hazards included
within the term "extended overage," and any other hazards, including, but not limited
to, earthquakes and floods, forwhich Lender requires insurance, then: (i) Lenderwaives
the provision in Section 3 for the Periodic Payment to Lender of the yearly premium
installments for property insurance on the Property; and (ii) Borrower's obligation under
Section 5 to maintain property insurance coverage on the Property is deemed satisfied
to the extent that the required coverage is provided by the Owners Association policy.
What Lender requires as a condition of this waiver can change during the term of the loan.
Borrower shall give Lender prompt notice of any lapse in required property
insurance coverage prov ded by the master or blanket policy.
In the event of a distribution of property insurance proceeds in lieu of restoration or
repair following a loss to the Property, or to common areas and facilities of the PUD, any
proceeds payable to Borrower are hereby assigned and shall be paid to Lender. Lender
shall apply the proceeds to the sums secured by the Security Instrument, whether or
not then due, with the excess, if any, paid to Borrower.
C. Public Liability Insurance. Borrower shall take such actions as may be
reasonable to ensure that the Owners Association maintains a public liab' lty insurance
policy acceptable in form, amount, and extent of coverage to Lender.
Initials �•
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D. Condemnation. The proceeds of any award or claim for damages, direct or
consequential, payable to Borrower in connection with any condemnation or other
taking of all or any part of the Property or the common areas and facilities of the PUD,
or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid
to Lender. Such proceeds shall be applied by Lender to the sums secured by the
Security Instrument as provided in Section 11.
E. Lender's Prior Copsent. Borrower shall not, except after notice to Lender and
with Lender's prior written consent, either partition or subdivide the Property or consent
to: (i) the abandonment or t rmination of the PUD, except for abandonment or termination
required bylaw in the case f substantial destruction by fire or other casualty or in the case
of a taking by condemnatio or eminent domain; (ii) any amendment to any provision of the
"Constituent Documents" if t e provision is for the express benefit of Lender; (III) termination
of professional managemen, and assumption of self-managementofthe OwnersAssociation;
or (iv) any action which would have the effect of rendering the public liability insurance
coverage maintained by the Owners Association unacceptable to Lender.
F. Remedies. If Borrower does not pay PUD dues and assessments when due,
then Lender may pay them. Any amounts disbursed by Lender under this paragraph
F shall become additional debt of Borrower secured by the Security Instrument. Unless
Borrower and Lender aggee to other terms of payment, these amounts shall bear
interest from the date of Oisbursement at the Note rate and shall be payable, with
interest, upon notice from Lender to Borrower requesting payment.
BY SIGNING BELOW, B rrower accepts and agrees to the terms and covenants
contained in this PUD Rid, r.
Initials:
MULTISTATE PUD RIDER --Single Family--Fannle Mae/Freddla Mac UNIFORM INSTRUMENT Form 3 0 01
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EXHIBIT'A'
File No.: 51853710LA1(ts)
Property: 4073 N Nuov Way, Meridian, ID 83646
LOT 1, BLOCK 42, BRIDGETOWER CROSSING SUBDIVISION NO. 13, ACCORDING TO THE
PLAT THEREOF, FILED IN BOOK 98 OF PLATS AT PAGE(S) 12,439 AND 12,440, RECORDS OF
ADA COUNTY, IDAHO.
A.P.N. R1080010230
CLARKE
51853710 ID
FIRST AMERICAN ELS
DEED OF TRUST
111111 MI 1111111111111111llilll 111111 II111111
STATE OF TDA O, COUNTY OF ADA. a.
1, Chfittopher D. Rich, Ads Carty Reoordeg9� �� t ? ! y that the �e�Ce� fE
Amp and correct copy of Ira�rrtrrttrat Nwaha Mob Q
in the reeardtd doapsaru syslenr d IMe Ads Caiurty Recorder.
®.
STA T � � o � WF1ER60lr,1 here set Ty tfi% y OffiClBi
o $eaPot� ° d
� —OF -
By. s
o OF- a R'
e e
BY
° H p ®o `
o
QP COON°..
ADA COUNTY ASSESSOR
190 E. Front Street Suite 107 Boise ID 83702
(208) 287-7200 www.adacountyassessor.org
�Q
RADIUS NOTICE REQUEST FOR ADDRESSES
Idaho Code 9-348(1)(b) prohibits the distribution or sale of mailing lists in order to protect the
privacy of taxpayers. However, this list can be provided if you are requesting a list of property
addresses to fulfill a requirement required by any statute, ordinance, rule, law or by any
governing agency (Idaho Code 9-348(8).
Please check the purpose below:
Subdivision
',_L._.Conditional Use Permit
Variance
Expansion of Extension of a Nonconforming
Zoning Ordinance Map Amendment
Property Line Adjustment or Lot Split
Annexation
Comprehensive Plan Amendments
Other:
Agency:
Parcel Number or Address of Subject Property:
i
! CC, /
�Yl 2
r / &i/
Brief Description:
Applicant:
r'}
Name:
Address: J o 13
Use
City: f' 1' I ref f �� F- State:. Zip:
Telephone: P)/ g a
Would you like to have the list emailed to you? i(y ESw� > NO
Email address: /r % 74, c``� L � &,ok • (� eke
Under penalty of perjury, I hereby certify that I will not be using, nor will I allow to be used in any
form or manner, the records, documents, or lists obtained from the Ada County Assessor's
Office as a mailing or telephone number list for purposes other than listed above.
Bv: (_ fi„t f e lzh Date: :� 1
Planning Division
ACCESSORY USE ■ Application Checklist
Project name: File #:
Applicant/Ment: C- <-L
All applications are required to contain one copy of the following:
Applicant
,�
Staff
Description
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 owner is a corporation,
submitacopyof the Articles of Incorporation or other evidence to show that the person signing is an authorizedagent)
Neighborhood meeting sign -in sheet (Applicants are required to hold a neighborhood meeting to provide
an opportunity for public review of the proposed project prior to the submittal of an application)
.
Scaled vicinity map showing the location of the subject property (can be obtained from the
Planning Division
Dimensioned site plan showing the boundaries of the property, floor plan of house, area
intended for accessory use, and parking and yard areas
Fee
Additional Requirements for Daycare Applications
Include the following additional information in the narrative:
➢ The total number of children proposed to be cared for during the da
➢ Total number of employees
Include fencing details on the site plan location and type of fence
Standards for Daycare Facilities, Statement of Compliance form signed by applicant
Additional Requirements for Home Occupation Applications
Standards for Home Occupations, Statement of Compliance form signed by applicant
APPLICATION WILL NOT BE ACCEPTED UNLESS ALL ITEMS ON THE CHECKLIST ARE SUBMITTED.
Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.org/planning
(05/21/2014)