HomeMy WebLinkAboutPamela Barela AUP
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CITY OF MERIDIAN
33 East Idaho Street, Meridian, ID 83642
ACCESSORY USE APPLICATION
Phone: 8,'1- -a '43
APPLICANT:
(Owner or holder of valid option)
ADDRESS:
GENERAL LOCATION:
LEGAL DESCRIPTION OF PROPERTY (Attach description if lengthy:
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PROOF OF OWNERSHIP: Copy of property deed must be attached, with option agreement and
notarized consent of owner if applicant is not legal owner.
SIZE OF PARCEL OR LOT:3óOD 3Cf;-
ZONING CLASSIFICATION:~-4
VICINITY SKETCH: A vicinity map at a scale approved by the City showing property lines,
adjacent uses, streets existing and such other items as the City may require. Also include a site
plan showing boundaries of property, floor plan of house, area intended for accessory use, and
parking and yard areas.
SURROUNDING PROPERTY OWNERS: Provide a list of names and addresses of all abutting
property owners. Abutting land includes parcels across the street on alleys and kitty comer from
property, including where a street or alley is between your property and the other property.
(This information is. available from the. Ada County Assessor.)
DESCRIPTION OF REQUESTED ACCESSORY USE:.1b11 p l'){} s,.o 0.. I k "\Q('cl
I
FEE: $80.00
1.
2.
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Use made of all abutting lots or parcels: (e..~} ~
Are there other accessory ~~~s of a s~milar nature in the area? If so, state the location
and the accessory use:~Y\ own .
3.
Possible adverse impacts on adjacent property such as noise, traffic, excess light, odor,
etc.:J.)1\~ ~ .
4.
Do you agree ~,FJ' increased sewer, water or trash fees if such are required due to
increased use?~~~
If the accessory use includes construction of a building on the lot or parcel, complete the
following: f\D LOl1S-\fUC!lOn
5.
a.
Will all parts of the accessory building be located within the lot or parcel?-
6.
Is the primary building already constructed?
Is the accessory building to be attached to the primary building?
Will the accessory building be constructed in the rear yard of the primary
building?
Will the accessory building occupy less than 40% of the required rear yard for the
primary structure?
If the answer to the above is no, will the accessory structure be connected to the
primary structure and will both the primary and accessory structure then meet all
yard and court requirements?
Does the height of the accessory building exceed 15 feet?
If the lot or parcel is zoned commercial, is any abutting property zoned residential
and, if so, will the accessory use occupy any of the front yard?
If the accessory use is for a Family ChiidßfÅ-Home, complete the following:
a. Is a State of Idaho basic d',y care license required for this type of facility?-
If so, attach a copy of your license.
Have you applied for or received an occupancy permit?
If so, attach a copy of your application or permit.
Is one off-street parking space per employee provided?
If the home is located on an arterial or collector, is an off-street child pick-up area
provided? .
Is screening of adjacent properties provided?
Is the play area for the children fenced from streets and neighbors?
If so, what is the fence height and type of construction?
b.
c.
d.
e.
f.
g.
h.
b.
c.
d.
e.
f.
2
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.
7.
If the accessory use is for a home occupation, complete the following:
a.
b. -
c.
d.
e.
f.
g.
h.
1.
J.
Are only family members residing in the principal residence?~L ~
Is the use of the residence as a home occupation incidental and subordinate to its
use as a residence?~l3 .
Will the home occupation use more than 25% of the floor area of the
dwelling? j)Ö
Will any item be offered for sale that is not produced by the dwelling occupants
of the premises? jJO
Will mechanical or electrical equipment be installed or maintained other than such
as is customarily incidental to domestic use? Y\ n ~
How much traffic will be generated by the occupation?j ór:~ Ùe}) ,c..~ 1,Ot'
Will off-street parking requirements be met? ~p -3
Will off-street parking requirements be located in a required front yard? ý\ 0
Will equipment or processing create noise, vibrations, glare, fumes, odor, or
electrical interference detectable to the normal senses off the lot?Y"\ b
Will the appearance of the residence be altered or the occupation be conducted in
a manner which would cause the premises to differ from its residential character
in the use of construction, lighting, signs and in the emission of noise, fumes,
odors, vibrations or electrical interference?J1()
I hereby certify that the information contained herein is true and correct.
~
SIGNATURE:
SOCIAL ~ NO.: ~ 1)'\ -U V ,ð\ I W
DATE: (p
STATE OF IDAHO)
ss.
County of Ada )
On this I q day of ~ + "..!99~, bçfore.J!le, the vndersigned, a Notary
Public in and for said State, personally..appeared' t-b æG.- -JJO í.:.Q... I OJ , known, or
proved to me, to be the person(s) whose name(s) is (are) bscnbed to the WIthin mstrument, 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.
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Pamela Barela
1399 W. Gander Drive
Meridian, Id. 83642
(208) 887-2143
Surrounding property owners:
Eric and Linda Pate
731 Otter
Meridian, Id. 83642
Scott and Andrea Brasier
1377 W. Gander Drive
Meridian, Id. 83642
All other abutting property is listed as owned by:
Skyline Development
10464 Garverdale Ct., Suite 710
Boise, ld. 83704
This information was provided by the Ada County Assessors Office on Tuesday,
August 20, 1996.
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UNPLA TIED
UNE DATA
NOTES:
1. BUILDING SETBACKS SHALL CONFORM TO ll-IE APPLICABLE ZONING REGULATIONS
OF THE CITY OF MERIDIAN.
') 611 InT I INF'O:: ('nuunM Tn PIIRII(' RIr.HT-nF'-W6V ANn THF' rYTrRlnR Rnll~mARV nr ll-II"
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RETURN TO:
CHASE MANHATTAN MORTGAGE CORPORATION
1500 NORTH 19TH STREET
MONROE, LA 71201
[Space Above This Line For Recording Data]
DEED OF TRUST, LOAN NO. ~~~~~~~:~o
NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE
APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS
OR ITS AUTHORIZED AGENT.
THIS DEED OF TRUST ("Security Instrument") is made on
MAY 14, 1996
. The grantor is
JAMES RANDALL BARELA AND PAMELA L. BARELA, HUSBAND AND WIFE
("Borrower"). The trustee is
AMERICAN LAND TITLE COMPANY, INC.
("Trustee"). The beneficiary is
CHASE MANHATTAN MORTGAGE CORPORATION, A NEW JERSEY CORPORATION
which is organized and existing under 11e laws of THE STATE OF NEW JERSEY
address is 343 THORNALL STREET, EDISON, NJ 08837
("Lender"). Borrower owes Lender the principal su~ of
ONE HUNDRED EIGHT THOUSAND TWO HUNDRED NINETY FIVE AND 00/100
Dollars (U.S. $ 108,295.00 ).
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 01, 2026
This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and al] renewals.
extensions and modifications of the Note; (b) the payment of al] 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 County, Idaho:
, and whose
LOT 8 IN BLOCK 12 THE LANDING SUBDIVISION NO.7 ACCORDING TO THE
OFFICIAL PLAT THEREOF FILED IN BOOK 69 OF PLATS AT PAGES
7085 AND 7086, RECORDS OF ADA COUNTY, IDAHO.
which has the address of 1399 W. GANDER DRIVE, MERIDIAN
Idaho 83642 ("Property Address");
[Zip Code]
[Street. City].
S161D (09/95)
Page' 01,7
111~lmlll!~~~m~ ~~III~m~
S16ID8ABO04062980
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TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances. and
fixtures now or hereafter a pan 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 Fp.nds 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 raid, 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 shaH 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
5161D (09195)
Page 2 of.7
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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. .
S. 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.
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
immedi¡ately 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 deter;orate, 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 condenmation 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
5161D 109/951
Page 3 of-7
8
8
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 by
this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total
amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately
before the 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
taking. unless 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.
Iff the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condenmor 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; Fow:'bearance 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 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 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.
51610 (091951
Page 4 01.7
8
8
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: If all or any part of the Property or any interest in it is sold or transferred, this loan may be
declared immediately due and payable upon transfer ("assumption") of the property securing such loan to any transferee
("assumer") , unless the acceptability of the assumption and transfer of this loan is established by the Department of Veterans
Affairs or its authorized agent pursuant to Section 3714 of Chapter 37, Title 38, United States Code.
An authorized transfer ("assumption") of the property shall also be subject to additional covenants and agreements as set
forth below:
(a) Assumption Funding Fee: A fee equal to one-half of 1 percent (.50%) of the unpaid principal balance of this loan as
of the date of transfer of the property shall be payable at the time of transfer to the mortgagee or its authorized agent, as trustee
for the Department of Veterans Affairs. If the assumer fails to pay this fee at the time of transfer, the fee shall constitute an
additional debt to that already secured by this instrument, shall bear interest at the rate herein provided, and, at the option of the
mortgagee of the indebtedness hereby secured or any transferee thereof, shall be inunediately due and payable. This fee is
automatically waived if the assumer is exempt under the provisions of 38 U .S.C. 3729 (c).
(b) Assumption Processing Charge: Upon application for approval to allow assumption and transfer of this loan, a
processing fee may be charged by the mortgagee or its authorized agent for determining the creditworthiness of the assumer and
subsequently revising the holder's ownership records when an approved transfer is completed. The amount of this charge shall
not exceed the lesser of the maximum established by the Department of Veterans Affairs for a loan to which Section 3714 of
Chapter 37, Title 38, United States Code applies or any maximum prescribed by applicable State law.
(cJ Assumption Indemnity Liability: If this obligation is assumed, then the assumer hereby agrees to assume all of the
obIigaÜons of the veteran under the terms of the instruments creating and securing the loan, including the obligation of the
veteran to indemnify the Department of Veterans Affairs to the extent of any claim payment arising from the guaranty or
insurance of the indebtedness created by this instrument.
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 reins.atement) 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 appropriate to normal
residential uses and to maintenance of the Property.
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.
51610 (09/95)
Page 5 01-7
~
.
-~
-
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 flanunable or toxic petroleum products, toxic
pesticides and herbicides, volatile solvents, materials containing asbestos or fonna1dehyde, 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 a 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 presfribed by applicable law to Borrower and to other persons prescribed by applicable law. Trustee shall give public
notice be 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.
T~tee shall deliver to the purchaser Trostee'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 and without charge to the person or persons legally
entitled to it. Such person or persons shall pay any recordation costs.
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 twenty acres in area or the Property is located
within an incorporated city or village.
25. V.A. Guaranteed Loan: In addition to the covenants and agreements made in the Security Instrument, Borrower and
Lender further covenant and agree as follows:
If the indebtedness secured hereby be guaranteed or insured under Title 38, United States Code, such Title and Regulations
issued thereunder and in effect on the date hereof shall govern the rights, duties and liabilities of Borrower and Lender. Any
provisions of the Security Instrument or other instruments executed in connection with said indebtedness which are inconsistent
with said Title or Regulations are hereby amended or negated to the extent necessary to conform such instruments to said Title
or Regulations.
26. Late Charge: At Lender's option, Borrower will pay a "late charge" not exceeding four per centum (4%) of the
overdue payment when paid more than fifteen (15) days after the due date thereof to cover the extra expense involved in
handling delinquent payments, but such "late charge" shall not be payable out of the proceeds of any sale made to satisfy the
indebtedness secured hereby, unless such proceeds are sufficient to discharge the entire indebtedness and all proper costs and
expenses secured hereby.
51610109/95)
Page 6 01.7
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CITY OF MIiBIDIAN
-Hub of Trea." Valley.
33 E. Idaho
Meridian. Idaho 83842
888-4433
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~ P.O. BOX 1521 ,
; BOãùl~ort\, ~ ~
§ For. ~
I: .2... .000 . ~I: . ¡OOO:l 20 b? L, 2111
JAMES R. BARElA
I PAMElA BARElA
1399 W. GANDER DR.
MERIDIAN, ID 83642
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PRIN'TEO ON "'CVO,'O PAP'R
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NOTICE OF APPLICATION
NOTICE IS HEREBY GIVEN pursuant to the Ordinance of the City of Meridian and
the Laws of the State of Idaho, that Pamela Barela
, has filed with the Zoning
Adminstrator of the City of Meridian an Application for an Accessory Use Permit for the
operation of a word processing/desk top publishing business out of her home at 1399 W.
Gander Dr.
; Comments, either objecting or approving, said Application must be filed
with the Zoning Administrator within fifteen (15) days after the publication of this notice
and shall be addressed to Shari Stiles, Zoning Administrator, City of Meridian, 33 East
Idaho Street, Meridian, Idaho. If there are objections filed within the time allowed the
Planning and Zoning Commission shall hold a public hearing on the Application, after
proper notice, and may grant or deny the Application, after making and adopting Findings
of Fact and Conclusions of Law.
The property at 1399 W. Gander Drive
is more particularly
described as Lot 8 Block 12 of The Landing Subdivision No.7, Meridian, Ada County,
Idaho.
Any and all interested persons are welcome and invited to submit comments.
DATED this
28th
day of Auaust
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SHARI STILES, ZONING ADMINISTRATOR
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