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HomeMy WebLinkAboutCity Clerk ChecklistUTY CLERK FILE CHECKLIST Project Name: Kinder Kollege Contact Name: Kathy Jordan Date Received from Planning and Zoning Department: File No Phone: CUP 02-021 888-4166 Date Scanned into Laserfiche Project File: 6/28/02 Volume: Planning and Zoning Level: Hearing Date: August 1, 2002 ❑x Transmittals to agencies and others: June 28, 2002 ❑x Notice to newspaper with publish dates: _ 26-Jul-02 and 12-Jul-02 Certifieds to property owners: _ Planning and Zoning Commission Recommendation Notes: July 5, 2002 Approve 0 Deny City Council Level: Hearing Date: Transmittals to agencies and others: Notice to newspaper with publish dates: Certifieds to property owners: City Council Action: Approve Findings / Conclusions / Order received from attorney on: Findings / Conclusions / Order: Approved by Council: Copies Disbursed: Findings Recorded Development Agreement: Sent for signatures: Signed by all parties: Approved by Council: Recorded: Copies Disbursed: Ordinance No. Resolution No. Approved by Council: Recorded: Deadline: 10 days Published in newspaper: Copies Disbursed: Notes: and Deny R .ok„bns: Crgr Res, CopyC MrukcOOk Copy Res r Copy C Ctty Ctk Catty Erg — City Pkrner Cdy Attrey Sting Codfiers Project File Deputy Ctk Copy Res, Cdg-1 Ce P Costly (CPM) Pppir (r PP ) Recorded OrdYisRces: agrel-. MrsIDebmk Colbesb. Caty Ckrk S6 T—Come S2k Treasver .s — � Sting Codifiers Clty A y Clty Erg — city Kerner Pro} tfik ApoM(deppl) Dg1ty Ckrk Fk~ / Ordtts: Crlpnel: Mteh+book Co"b: PppNcarrt P(oj, fik Cay Engneer City Pia — Coy n y Deady Clerk Record V"a Fh kigf" Recorded De etoprrerN pgreerenta: p pml: Fireproof Rk Copiers b: pppkce^t P.", fik C1y Ergreer City Pi — CM Plbncy Deputy Ctk MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless r+ � C�VCITY OF cridlanW� It IDAHO LEGAL DEPARTMENT (208) 288-2499 - Fax 288-2501 PARKS & RECREATION (208 888-3579 - Fax 898-5501 PUBLIC WORKS (208) 898-5500-Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 - Fax 887-1297 117Keith Bird rF" ra.TR A ,Ryn� 11 i.- PLANNING AND ZONING 1903 (208) 884-5533 - Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: July 25, 2002 Transmittal Date: June 28, 2002 File No.: CUP 02-021 Hearing Date: August 1, 2002 Request: Request for a Conditional Use Permit for a preschool and childcare facility in an R-15 zone for Kinder Kollege Inc. By. Kathy Jordan Location of Property or Project: 1930 North Linder Road David Zaremba, P/Z (No VAR, VAC, FP) Meridian School District (No FP) Jerry Centers, P/Z (No VAR, vAC, FP) Meridian Post Office (FP/PP only) Leslie Mathes, P/Z (No VAR, VAC, FP) Ada County Highway District Keven Shreeve, P/Z (No VAR, vAC, FP) Community Planning Assoc. Keith Borup, P/Z (No VAR, VAC, FP) Central District Health Robert Corrie, Mayor Nampa Meridian Irrig. District Bill Nary, C/C Settlers Irrigation District Tammy deWeerd, C/C Idaho Power Co. (FPiPP only) Keith Bird, C/C U.S. West (FP/PP only) Cherie McCandless, C/C Intermountain Gas (FP/PPonly) Water Department Bureau of Reclamation (FP/PPonly) Sewer Department Idaho Transportation Department (No FP) Sanitary Service (No VAR, VAC, FP) Ada County (Az only) Building Department Your Concise Remarks: Fire Department Police Department City Attorney City Engineer City Planner Parks Department AZ - 27 FP - 24 PP/PFP - 27 VARNAC - 20 CUP - 26 33 EAST IDAHO - MERIDIAN, IDAHO 83642 (208) 888-4433 - Fax (208) 887-4813 - City Clerk Office Fax (208) 888-4218 - Human Resources Fax (208) 884-8723 CITY OF MERIDIAN 1�w Planning & Zoning Department 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 (208) 884-5533 Phone / (208) 888-6854 Fax CONDITIONAL USE PERMIT APPLICATION ❑ Check here if Planned Development Application (RE: Meridian Zoning Ordinance - Section 11-17) APPLICANT: ADDRESS: PHONE: "' "' i b Cv FAX: 88 "qj lo(v E-MAIL: OWNER(S) OF RECORD: NA L (,' U P - 02-0z% n , t D 8 3�`�2 _ J ADDRESS: L 1Y7r1� r ►' Il'(1L� r� I © �36 �lZ PHONE: FAX: ENGINEER, SURVEYOR, PLANNER: ADDRESS: PHONE: FAX: E-MAIL: E-MAIL: ADDRESS, GENERAL LOCATION OF SITE: 450 5D �J, brkicr. MPr l d ta__1 �jC> DESCRIPTION OF PRESENT USE: DESCRIPTION OF PROPOSED CONDITIONAL USE: ;A- Ci� - aC-j �u NUMBER OF ACRES: . ';_' NUMBER OF RESIDENTIAL UNITS: SQUARE FOOTAGE OF NON-RESIDENTIAL BUILDINGS:- + �3 3Dt-4- 1 :: Ct4 Y0'5c PRESENT ZONE CLASSIFICATION: --lr I have read the information contained oerei/and certify the i of nation is true and correct. APPLICANT'S SIGNATURE: SOCIAL SECURITY NUMBER: ' qj 1 Rev. 211102 KINDER KOLLEGE, INC. 1131 W. CHERRY LANE MERIDIAN, IDAHO 83642 208/888-4166 June 14, 2002 Meridian City Planning and Zoning 660 E. Watertower Lane Meridian, ID 83642 To Whom it may Concern: Attached is my application for a Conditional Use Permit for a purposed Child Care Facility at 1930 N. Linder Road in Meridian. Currently, everything works for the location except parking. We are making an attempt to acquire the necessary parking spaces from the Meridian Assembly of God, which is located at 1830 N. Linder in Meridian. It has been my experience over the last 3 years of operation at my current location that approximately 50% of my current parking spaces are being utilized during our busiest times. Our busiest times are between 6:30am — 8:00am and 5:00pm — 6:00pm which is our drop off and pick up times. Please accept this application with the understanding that as soon as we know whether or not we will be allowed to use the parking facilities at the church we will notify you in writing. Sincerely, U Kathy Jo n President KINDER KOLLEGE, INC. 1131 W. CHERRY LANE MERIDIAN, IDAHO 83642 208/888-4166 June 14, 2002 Meridian City Planning & Zoning 660 E. Watertower Lane Meridian, Idaho 83642 To Whom it may Concern: This letter is to request a variance of the rules and regulations for Signage in Meridian. I purchased and have stored a sign for use at my new location approximately one year ago. I have been told that the maximum square footage for a sign in the location I am applying for is 16 square feet. My sign measures 4 feet tall and 6 feet wide for a total square footage of 24 square feet. My plans are to install the sign at 2 — 3 feet from the ground for a maximum height of 6 — 7 feet. I respectfully request to be allowed to use the sign at my new location, provided I am approved for a Conditional Use Permit at that location. Resp tfully yours, Kathy Jorda President Overgi, � desinh of b cf JUN-21-02 FRI 02:13 PM FAX: PAGE 1 Meridian Assembly of God Senior Pastor - Ed Kreiner Our Mlsslon_is tQ: Women's Pastor ~ Kathi Kreiner *Encourage Fellowship -- Gathering Youth/Young Adult Pastor - Elizabeth Covington ♦ Pursue Christian Maturity - Growing Ministry Assistant - Renn Mason • Develop our God-given Gifts - Gifting Administrator - Nate Wilson ♦ Commit to a Life of Christian Service -- Going June 21, 2002 Brad Hawkins Clark Ada County Planning and Zoning Meridian Assembly of God is granting permission to Kathy Jordon, of. Kinder Kollage Pre School, the ability to use 12 parking spaces in our parking lot. Any questions regarding this matter should be to my attention. R spectfully, Nate Wilson Administrator 1830 N. Linder Road ♦ Meridian, Idaho 83642 4 (208) 888.0063 ♦ Fax (208) 888-7280 w V) P2o Pns F o Ll�ro p$C hPE, Q 4t• 2d Vi J d Q a EX15TInJb Fcn�C.£ ?L/k�CAROLLNA EXI STI"(zv 5TOe-A6F- 5i-f E D 1=X1'STI Ny b, COV ERE D P N T I O Rf Fuses EMIT w Q 20l d w v O w v o �x1sTiN(,� w JJ 0 (bLk N (a ,P 3. �[ �Y EnJT2y E�ISTI N(a COS[ BETE. �( ¢ >Z� PAD 3 m o w �� a w Ut i� a l f r D Q X Q 1 t ) I2 f i -- PLR GRou y ND W LL \io � -F T t-1 1641epuD✓� J -I i I Rl7 PO SF O RIGHT OF VJR l - - - - - - - - - - -- - N O P-T{{ W •'�� �. !4'' 1?4r - i V < V y f h j 4 i r ! r' c^��� ♦.w. 9g� ! ^ n Rra, Eivill, M, yy S f r �-I! \bAbq us." r E[EHIB I, Mary Rhodes, owner of the property located at 1930 N. Linder, Meridian, Idaho, give my permission for Kathy Jordan, Kinder Kollege, Inc. to make application for a Conditional Use Permit with the City of Meridian. X* - 7�40z LESLI H ROSVALL Notary public State of Idaho My Commission Expi- January 21, 20u6 0 Pik Now T"41477 7 b FOR VALUE IiECEWED NNINIF QL_ CLAIM DEED _ MARY E. RHODES (who acquimd title as MARY E, EARL) end SAM RHODES. wife and husband do 139"bY convey. ftltax, ruaitt and fewer quit claim unto MARY L. RHODES, a marTicd woman a9 her sole & separate propeny whine cumin address is: 19,10 N, !Linder Rd., MerMian, Idaho 83642 tt- foliowisa described prtuJto, to-wir SEE EX1i1BIT "A" ATTACHED EXHIBIT "A" The -South 110 feet of the West 155 feet of the following described prolxrty- A out of land in the Southwest quarter of the Southwest quarter of Section 1, Township 3 North, Range 1 West, Boise Meridian. Ada County, Idaho, room parUcuJarly described as follows. - Beginning at the South 1/16 section corner common to Sections I cud 2, Towu hip 3 North, Range i West, Boisc Meridian, which point bears North 1326-43 fett from the section Cotner c00=0 r to Sections 1, 2, 11 and 12, Township 3 North, Range 1 Writ, Boise Meridian; thence SOUth 89°a6.10• East along the 1/je section line 754.67 feet to a steel pin in the centerline of a certain irrigation ditchr thence South 22.10' Eest along said centerline, 290,93 feet to a steel pin; thence sPeri ns I6' d feet, $64.e4 feet to a point on the section line ecstson to said Sections 1 and 2; thence North along said section line, 269.00 feet to the r'OINT OF BROINNINa. AOA COUNTI' RECORDER RECORDED- REQUEST OF DAVt7 NAVARRO '780 ""'F'^"'I) FEE_S.L_DEFUtYjCLfG 1999MY28 P?14-58 99054820 (/ TRAN,WnON nn e & ncAow Duel: April 15, 19" .a0 1 a I a Sjr"m l d,nd,n STATE of ko ho , county Of Ada . u. On 929, baton ma Na upnl in h yew of rof mold State, pereotyl►r eppW� a Notary NEnc 1" and Mary E. Rhode and Safe Rhode, Brown Of ldar and to me to be the p_v" whose rwMs en *UWeribed to the wi Wn hetnatr,rt, arfd acarow4dped to me that ft" eaecuta� 1payatt Stpnatve.�r� i J , sec_ Name: Doett D.*v Raardfro etc sAe, rdahs My conmiaafpn eXpkfa: 1112010, Transnation Title & Escrow, Inc. TOTAL P.02 WHEN RECORDED MAIL TO: SPACE ABOVE FOR RECORDERS USE MSN SV-79 /DOCUMENT CONTROL DEPT. P.O. BOX 10266 VAN NUYS, CALIFORNIA 91410-0266 Prepared by: D. TEUTSCH LOAN#: 9832630 ESCROW/CLOSING C RHODES DEED OF TRUST MARYIE DEED RHODES TRUST MARRIE"SecuD WOMAN ASInstrument")HERmade SOLE ANDySEPARATE24. 1999PROPERTY . The grantor is ("Borrower"). The trustee is TRANSNATION TITLE AND ESCROW 1101 WEST RIVER STREET SUITE 120, BOISE, IDAHO 83702 ("Trustee"). The beneficiary is AMERICA'S WHOLESALE LENDER which is organized and existing under the laws of NEW YORK 4500 PARK GRANADA, CALABASAS, CA 91302-1613 and whose address is ("Lender"). Borrower owes Lender the principal sum of ONE HUNDRED TWENTY THOUSAND and 00/100 Dollars (U.S. $120, 000.00 Instrument ("Note"), which provides for. This monthly bt is evidenced Payments, with thy Borrwer'notee a fullodebts if not pad earlier, due this blew June 1, 2029ated the n s security ment Note, with interest, and all renewals 1 extensions and modifications odificationssof the Note; (b) therepayment Paymentnof all ther sums withdby advanced under paragraph 7 to protect the securityof this Securit Instrument; and c and agreements under this Security Instrument and the Note. For thisPurpose,interest, Othe performance of Borrower's covenants Trustee, )n trust, with power of sale, the following described property located in ADA mower irrevocably SEE EXHIBIT 'A' ATTACHED HERETO AND MADE A PART HEREOF, y grants and conveys t: County, Idaho: which has the address of 1930 NORTH LINDER ROAD, MERIDIAN Idaho 83642- ("Property (Street, City] IZip Code] p rtY Address"); IDAHO - Single Famlly - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT . 6H(I13) (9705) CHL (05/97) VMP MORTGAGE FORMS - (900)521-7291 Page 1 of a Fprm 3013 /90 /9 Inl9ale: *23991* *00983263000000200GH* LOAN #: 9832630 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non -uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time; collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at.any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may 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. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may 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, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. 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. ,__,6H(ID) (9705) CHL (05/97) Page 2 of 6 Form 3013 9/90 LOAN #: 9832630 Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's be is not lessened. restoration the restoration he repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the stunor s secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty 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 allow the Property to deteriorate, or commit waste on the Propert. Borrower shall not destroy, damage or impair the Property, y. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the,lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the the lien created by this Security Instrument or Lender's security interest. BProperty or other material impairment of orrower shall also in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then lender may do and as a for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may pay include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall a Y mortgage e insurance P y the premiums required to maintain the mortgage insurance in effect. If, for any reason, the g g coverage required by Lender lapses or ceases to be in effect, Borrower shall pay obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved pro ed ins required to substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one -twelfth of the earl PP by lender. If yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved b premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage y Lender again becomes available and is obtained. Borrower shall pay the insurance ends in accordance with any written agreement between Borrower and Lender or a 9. Inspection. tender or its agent may Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection law. Y make reasonable entries upon and inspections of the Property. Lender shall give 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with an condemnation or other taking of an shall be paid to Lender. y Part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and In the event of a total taking of the Property,the y whether or not then due, with anProceeds shall be applied to the sums secured b value whether the Property y excess paid to Borrower. In the event of a partial taking of the Property in which the fair market P ty immediately before the taking is equal to or greater than the amount of the sums Y this Security Instrument, Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, Security Instrument shall be reduced b the secured by this Security the sums secured i y amount of the proceeds multiplied by the following fraction: (a) the total amount of e sums secured by s immediately before the taking, divided by (b) the fair market value of the Property re taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the immediately before the Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due, 10g• unless ,...,6H(ID) (9705) CHL (05197) Page 3 0l 6 "tl orm 3013 9/90 If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that heedcondemnor offe sOto make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone he due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of he sums secured by his Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy, 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to he provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs his Security Instrument but does not execute he Note: (a) is co-signing this Security Instrument only to mort gageBorrower's interest in the Property under the terms of this Security Instrument; ly obligated to pay the sums g grant and convey that N) is not personall secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or other make any accommodations with regard to he terms of his Security Instrument or the Note without hat Borrower's consent. 13. Loan Charges. If the. loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that he interest or other loan charges collected or to be collected in connection with the loan exceed he permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce he charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which he Property is located. In the event hat 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. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy, Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. 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 delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay furnott a orprior demand on Borrowed this period, Lender may invoke any remedies permitted by his Security Instrument without 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: a applicable law may specify for reinstatement) before sale of the Property O 5 days (or such other period as Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: a pays P Y pursuant to any power of sale contained in this Security sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; default of any other covenants or agreements; c O P Y Lender all cures any xpenses not limited to, reasonable attorneys' fees; and (d))tak takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, enforcingurred in this Security Instrument, including, but Lender's rights in the Property and Borrower's obligation to a Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security pay and secured obligations secured hereby shall remain fully effective as if no acceleration had occurred. Ilowever, this right to reinstate shall not acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. aPP1Y in th Security e case of ote r a Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known Partial interest in the Note (together with this Security ay be as the "Loan Servicer") that collects monthly e Note more changes of he Loan Servicer unrelated poya sale of the Noments due under te. If there istatchange tof the Loan ty tServicer, Borrower wone or ill be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name information required b the address to which payments should be made. The notice will also contain any oan ther address of the new Loan Servicer and Y applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, an that is in violation of any Environmental Law, the g two Property of small quantities of Hazardous Substances ehatnare generally tcrecognizedes shall t to be appropiy to the rate presence. normaloYthing residential propertythe and to maintenance of the property. uses . 61-f(ID) (9705) CHL (05/97) Page 4 0l 6 Inlllels:Arni 3013 9/90 LOAN #: 9832630 Borrower shall promptly give Lender written notice of an private art y investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or P p y involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified b an removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Y y governmental or regulatory authority, that any As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances 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. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON -UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. 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 paragraph 17 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 flue 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 or 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 paragraph 21, 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. Lender or Trustee shall mail copies of the notice as prescribed by applicable law to Borrower and to other persons prescribed by applicable law. Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. After the time required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 22. 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 reconve in 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. Y g the Property, but only if 23. Substitute Trustee. Lender may, for any reason or cause, from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable law. 24. Area and Location of Property. Either the Property is not more than forty acres in area or the Property is located within an incorporated city or village. 25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] ® Adjustable Rate Rider(s) [] Graduated Payment Rider 0 Condominium Rider 0 Planned Unit Development Rider � I-4 Family Rider �] Balloon Rider ❑Biweekly Payment Rider �] VA Rider Rate Improvement Rider EJOther(s) [specify] ❑ Second Home Rider .-,SH(ID) (9705) CHL (05/97) Peye 5 of 8 Initlels: 0F0r?3013 9/90 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained inOthis Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: /• • C�l�� MARY E. RH ES (Seal) -Borrower (Seal) -Borrower LESLI H. ROSVALL (Seal) Nolaty Public -Borrower tale of Idaho (Seal) '- -Borrower STATE OF IDAHO, n "'� On this L day of �(('(l�-- County ss: , _ before me, a Notary Public in and for said county and state, personally appeared known or proveZI to to be`the Person(s) who executed the foregoing instrument, a �e executed the same. and acknowledged to me that In witness whereof I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Nota�bficid'g a, My Cor"rn. on Ex �a�UarY 21, 2008 s �� A—6H(ID) x97osl CHL (05/97) - - Papa a of a Form 3013 9/90 JUN-14-2002 12:50 Pik No.: 799641477'C FOR VALUE RECEIVED QUITCLAIM DEED P . 02 MARY E_ RHODES (who acquired title as MARY E, Ep.RL) wW SAM g„Hcr, ES. wife and husband do bwebx warty. rttwc, rtmta lbd forever quit claim unto MARY V. RHODES, a married woman a9 her y4,la & separate popery whore cumm oddteu is: 119SO N, Linder Rd.; Meridian. Idaho 93642 the following described preatlso, to ,,it: SEE EXHIBIT W ATTACHED EXHIBIT "A' The South 110 feet of the Wtst 155 foot of the following described property: A net of land in the Southwest quarter of the Southwest quarter of Section 1, Township 3 North, Range I West, Boise Meridian, Ada County. Idaho. more Particularly described as follows: Beginning al the South 1 /16 section corner Common to Sections I trod 2, Towaahip 3 North, Range I Wetrt, Boise Meridian, which point bears North 1326-43 feet from the wetiou corner co »pp to Sections 1, 2, I 1 and i2, Township 3 North, Range 1 West, Eloise Meridiem; thence South gS1°�6 ]0• tiger along the i/i6 eection line 754-67 feet to a steel pin in the centerline of a certain irrigation ditch; thence 9oUth 22"10' Nast along said centerline, 29c.93 feet to a steel pin; thence North e91e6.30' went, 064.44 feet to a point on the section line common to said Sections i and 2; thence North along said section line, 269.00 feet to the POINT OF BEX3INNrao AOA COUNTY RECpROEti RECORDED- REQUEST OF DAY0 NAVARRD -2do s rri.u„ FEE- v- DEPUTY 1999MY 28 Pal 4: r sa 9905�820 T" TITLE s EecAow nued: April 15. 19" awn Fa-mft STATE OG Wilhp , County of Ada u• jj On this IQrth day of Apra in the year of 1999, bet" no, the undsrsiq,tad, A NstsrY Public in end rot said state, porso"lty sgpsarsa odto mW Sato RMdet~,,sd to ma to be tM sd to the witHe inatrtlrnsrit, art whose nutys*a.altsy scknswisQtus: sxscula�% t •- ms: seett owing Qg to at: Eats, Idshsenbalan sxaires: 7 /7ZOip1 Transnation Title & Escrow, Inc, TOTAL P, 02 WHEN RECORDED MAIL TO: MSN SV-79 / DOCUMENT CONTROL DEPT. P.O. BOX 10266 VAN NUYS, CALIFORNIA 91410-0266 LOAN #: 9832630 SPACE ABOVE FOR RECORDERS USE Prepared by: D. TEUTSCH ESCROW/CLOSING #: RHODES DEED OF TRUST THIS DEED OF TRUST ('Security Instrument") is made on May 24, 1999 The grantor is MARY E. RHODES, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY ("Borrower"). The trustee is TRANSNATION TITLE AND ESCROW 1101 WEST RIVER STREET SUITE 120, BOISE, IDAHO 83702 ("Trustee"). The beneficiary is AMERICA'S WHOLESALE LENDER which is organized and existing under the laws of NEW YORK 4500 PARK GRANADA, CALABASAS , CA 91302 -1613 and whose address is ("Lender"). Borrower owes Lender the principal sum of ONE HUNDRED TWENTY THOUSAND and 00/100 Dollars (U.S. $ 120, 000.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on June 1, 2029 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) 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 ADA SEE EXHIBIT 'A' ATTACHED HERETO AND MADE A PART HEREOF. County, Idaho: which has the address of 1930 NORTH LINDER ROAD, MERIDIAN Idaho 83642 - [Street, City] ("Property Address"); [Zip Code] IDAHO - Single Family - Fannie Mae/Freddle Mae UNIFORM INSTRUMENT .J6H(ID) (9705) CHL (05/97) FArtnm 3013 5/9/90 Page 1 of 6 VMP MORTGAGE FORMS - (800)521-7291 Initials: *23991* *009832630000002006H* LOAN #: 9832630 TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non -uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time; collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at4 any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may 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. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may 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, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carr errand rLender. of paid Lender may make proof of loss if not made promptly by Borrower. ..s6H(ID) t9705> CHL (05/97) /�! Page 2 of 6 Init Is: Form 3013 9/90 LOAN #: 9832630 Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. 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 any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty 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. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the ,lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one -twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured b this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount the sums secured immediately before the taking, divided bmary taking. Any balance shall be paid to Borrower. In the event of partial taking of the Propertyvalue the Pro e t of Property yProperty immediately before the P h' immediate) before the taking is less than the amount of the sums secured immediately before the taking, unless in which the fair market value of the Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be a sums secured by this Security Instrument whether or not the sums are then due. g ss applied to the _ ,6H(ID) t970el CHL (05/97) Page 3 of 6 1niH orm 3013 9/90 LOAN #: 9832630 If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or 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 Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the. loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is fmally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. 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 delivered or mailed 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. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) 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; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the 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 paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the property that is in violation of any Environmental Law. 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 appropirate to normal residential uses and to maintenance of the property. --76H(1D) (9705) CHL (05/97) Page 4 of 6 initials:gkorm-3013 9 9/90 LOAN #: 9832630 Borrower shall promptly give Lender written notice of 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. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances 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. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON -UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. 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 paragraph 17 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 paragraph 21, 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. Lender or Trustee shall mail copies of the notice as prescribed by applicable law to Borrower and to other persons prescribed by applicable law. Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. After the time required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone Lender or its designee may purchase the Property at any sale. sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 22. 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. 23. Substitute Trustee. Lender may, for any reason or cause, from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder. Without conveyance of the Pro e rty power and duties conferred upon Trustee herein and by applicable law. p' the successor trustee shall succeed to all the title, 24. Area and Location of Property. Either the Property is not more than forty acres in area or the Property is located within an incorporated city or village. 25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of thus Security Instrument as if the rider(s) were a part of this Security Instrument. is [Check applicable box(es)] Pp ment ®Adjustable Rate Rider(s) El [] Graduated Payment Rider Condominium Rider �] Planned Unit Development Rider 0 1-4 Family Rider [] Balloon Rider 0 Biweekly Payment Rider E VA Rider 0 Rate Improvement Rider Other(s) [specify] ❑Second Home Rider .v6H(ID) (9705) CHL (05/97) Page 5 0l 6 InItiels: Form 3013 9/90 LOAN #: 9832630 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: Z�?p MARY E. RH ES I -Borrower LI H. ROSVALL -Borrower ', (Seal) -Borrower _(Seal) -Borrower STATE OF IDAHO, County ss: &Ck— On this !L day of I , before me, a Notary Public in and for said county and state, personally appeared known or proved to rrf to be the person(s) who executed the foregoing instrument, and acknowledged to me that 9e 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. Notary blic 4esid'at: MY Commission Ex i j P res On Janua rY 21, 2608 A ._76H(ID) (9705) CHL (05/97) Page 6 of 6 Form 3013 9/90