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HomeMy WebLinkAboutPZ - Deed of TrustWhen recorded, return to: Mailstop - FD-EG-9900 1260 Energy Lane St. Paul, MN 55108 MIN 1000235-0017"026445-1 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 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 December 7, 2017, together with all Riders to this document. (B) "Borrower" is DARLA L HAMMER AND AARON L HAMMER,WIFE AND HUSBAND. 8orrower is, the trustor under this Security Instrument. (C) "Lender" is Evergreen Moneysource Mortgage Company - Lender is a Washington Corporation, organized and existing under the laws of Washington. Lender's address is 15405 SE 37th Street, Suite 200 , Bellevue, WA 98006. (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. lDAHO--Single Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3013 1/01 (rev. 7108) IDEDEED 0317 Ellie Mae, Inc. Page 1 of 9 IDEDEED (CLS) 5 Y L? 12/07J2017 08:30 AM PST 2M executed by Borrower [check box aaappUcobiel L1Adjustable Rate Rider LJ Condominium Rider [] Second Home Rider [] Balloon Rider [] Planned Unit Development Rider EK1 14 Family Rider [] Biweekly Payment Rider [] V.A. Rider LJ OMher(a)[specify] (J) "Applicable Lam/ means all controlling applicable federal, state and local mtakutes, reguladone, ordinances and administrative rulesand orders (that have the effect of law)aswell asall applicable final, non -appealable judicial opinions. (N) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower orthe Property by eoondominium aomociation, homeowners association or similar organization, (L) "Electronic Funds Transfer" means any transfer of funds, other than o transaction originated by oheok, drmft, or similar paper inatmment, which is initiated through an electronic terminal, telephonic inetrument, computer, or magnetic tape so as to order, instruot, or authorize a financial institution to debit orcredit an account. Such honn indudmn, but is not limited to, point -of -sale transfera, automated teller machine transactions, transfers initiated by te|ephona, wire transfers, and automated clearinghouse transfers. (0)"Escrow Items" means those items that are described inSection 3. (N) "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 orother taking ofall orany part of the Property; (iii) conveyance in lieu of condemna- tion; 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 Payrnent" means the regularly scheduled amount due for (I) principal and interest under the Note. plus (ii)any amounts under Section 3ofthis Security Instrument. (Q) "RESPA" means the Real Eeto\m Settlement Procedures Art (12 U.S.C. §2801 et seq.) and its implementing regulation, Regulation X (12 C.F.R. Part 1024). as they might be amended from time tutime, 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 any imposed in regard to a "federally related mortgage |uon^ even if the Loan does not qualify ama"federally related mortgage loan" under RESP4. (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 under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY 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, e)densions and modifications of the Note- and ,," , the -mcerformance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys toTrustee, in trust, with power of sale, the following described property located in the County of Ada [Type of Recording Jurisdiction] [Name of Recording Jurisdiction]: Lot 1 in Block 3 of AMENDED PLAT SHOWING MEADOW VIEW SUBDIVISION, according to the plat thereof, filed in Book 35 of Plats at Pages 3008-3009, Records of Ada County,ldaho. [Street](City] Idaho 83646 ("Property Address"): Emu= |oAxO--Singlepamily-'pnnnie Mae/Freddie Mac UNIFORM INSTRUMENT Form a01x1xn(rev7mn Ellie Mae, Inc. Page 2 of 9 warranty, expressed mrimplied. The recitals iothe Trustee's deed shall bmprima facie evidence of the truth m* the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b)to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Reconvwyance, Upon payment of all sums secured by this Security Instrument, Lender mhoH request Trustee to reoonvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee ahoU reoonvey 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 orpersons a fee for naoonveyinQ the Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging ofthe fee ispermitted underApp|ioab|eLaw. 24. Substitute Trustee. Lender may, for any reason or cause, from time to time remove Trustee and appoint successor trustee \oany Trustee appointed hereunder. Without conveyance ofthe Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. 25. Area and Location of Property. The Property is (a) located within an incorporated city or village; (b) not more than 80 aonee, regardless of its |ooation, provided it is not principally used for the agricultural production of crops, livestock, dairy or aquatic goods; or (c) not more than 40 acres, regardless of its use or location. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. � ' (Seal) �� / . �� � �/ � / " (Seal) State of Countyss: On this day of�N before me, .-k _IV a Notary Public in and for said county and state, personally appeared DARLA L HAMMER AND AARON AMMER known or proved to me to be the person(s) who executed the foregoing instrument, and ackno "Ie ged to me that he/ chelthey 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. MyCommission Expires: Loan Originator: Corey Dean Newell |oAxO-'singleromily-rannieMae/Freddie Mac UNIFORM INSTRUMENT ponmom3 1K1(rev7/08 Ellie Mae. Inc. Page 9 of