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'°CITY CLERK FILE CHECKLIST Project Name: Grau Subdivision Contact Name: Kandi Hall Date Received from Planning and Zoning Department: File No. Phone: AZ 07-003 288-0573 January 26, 2007 Planning and Zoning Level: Hearing Date: March 15, 2007 ❑X Transmittals to agencies and others: February 5, 2007 ❑X Notice to newspaper with publish dates: 26-Feb-07 and 12-Mar-07 ❑ Certifieds to property owners: N -t-f ej 5 O�Q :�-1 �-? ❑ Planning and Zoning Commission Recommendation: ( -Approve ❑ Deny Notes: City Council Level: ❑ Transmittals to agencies and others: ❑ Notice to newspaper with publish dates ❑ Certifieds to property owners: ❑ City Council Action: Hearing Date: g and -2 ❑ Approve ❑ Deny ❑ Findings / Conclusions / Order received from attorney on: Findings / Conclusions / Order: Orpinal Rec I C°py Cert. Minulcbook ❑ Approved by Council: CwY Res / COPy Cat: City Clerk Citypi inee City Planrar Copies Disbursed: ❑ City ACt ffiy s�di^,Cpil.- Prgect File ❑ Findings Recorded Deputy Clerk Copy Origin(CPAs)al) Ada .C.ounty Appli—t)nm-CPAs) Development Agreement: R"°'°'°°"l`""`" OriOinN '. Minutebook copies b: CM clerk state ra. Camm.Ror. Sent for signatures: ❑ STreaaurer. AudAasesen tate ❑ Signed by all parties: steer wait ° CityEN CM Planes ❑ Approved by Council: Pr t(ff e Applicant il Rpl.) Deputy Clark ❑ Recorded: Fl.diN ,,,.opies etU den: OnOiiul: Minutebodc Cb: APPlkant Copies Disbursed: City em Ciy pi Planner Ordinance No. Resolution No. n D-ty Clerk Deputy — — R—d Vas . Rl.Mi ❑ Approved by Council: Racarded Dewlopmwt Ayreemo-b: °,i,ind Firepm Rile Recorded: Deadline: 10 days ❑ Copies ta:Appl— ,ty E. t file °'1,PI- ° Published in newspaper: ❑ cm Pl.nnr D p yCu °°�°� ❑ Copies Disbursed: Notes: CITY OFf ''' l6 AGENCIESR TRANSMITTALS TO FOR COMMENTS ON C��WerlDEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN IDAHO To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission please submit your 1993 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234/fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579/fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6854 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191/fax 884-0744 comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: March 8, 2007 Transmittal Date: February 5, 2007 File No.: AZ 07-003/PP07-005 Hearing Date: March 15, 2007 Request: Public Hearing- Annexation & Zoning of 1.0 acres from R1 to L-O and R-8 zones and Preliminary Plat approval of 1 office lot in the proposed L-O zone, and 3 single family residential lots in the proposed R-8 zone on 1.0 acres for Grau Subdivision By: Stanley Consultants Location of Property or Project: 4135 West Cherry Lane Steve Siddoway (no FP) David Moe (no FP) Wendy Newton-Huckabay (No FP) Michael Rohm (No FP) Keith Borup (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Joe Borton, C/C Keith Bird, C/C David Zaremba C/C Water Department Sewer Department Sanitary Services(No VAR, VAC, FP) Building Department / Rich Greene Fire Department Police Department City Attorney City Engineer City Planner Parks Department Economic Dev. (CUP only) Your Concise Remarks: Meridian School District (No FP) Meridian Post Officel.FP'PP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,CUP) Qwest (FP/PP only) Intermountain Gas (FP/PP only) Bureau of Reclamation (FP/=P only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservatiori Comm. South of RR i SW Meridian: NW Pipeline - Water 2235 N.W. 8th Street _ 888-5242 / fax 884-1159 CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING d paper 887 4813 MAYOR'S OFFICE -FAX 884-8119 V Y����WAHO Planning Department • n,. �' ,� COMMISSION & COUNCIL REVIEW APPLICATION r 1- Type of Review Requested (check all that apply) &"Annexation and Zoning ❑ Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment ❑ Conditional Use Permit ❑ Conditional Use Permit Modification ❑ Final Plat ❑ Final Plat Modification ❑ Planned Unit Development ET'Preliminary Plat 2*Rezone ❑ Time Extension (Commission or Council) ❑ UDC Text Amendment ❑ Vacation (Council) ❑ Variance ❑ Other Information Applicant name: � Applicant address: zip: 3&P42- • • .. a. Applicant's interest in property: ❑ Own ❑ Rent ❑ Optioned I POther &)Q trU_�.n Owner name, 6W Chi J Phone: Owner address: "l �,,� CYI�)1Jll a Yl , a Zip: $0VIZ. Agent name (e.g., architect, engineer, developer, representative): 1 _ k 1 G1 Firm name: ^� Phone: Address: `i,110 B5 Zip: Primary contact h�is:: ❑ Applicant ❑ Owner Agent ❑ Other Contact name: E-mail: Subject Property Information " Location/street address: L4 �� I,v ��� .+ W\A i_ A n . n(LQ ;L Axd-n Assessor's parcel number(s): LJ 1 d I ()d I J.-4 lDS' Township, range, section: _rN R 1WT51 D Current land use: Total acreage: 1 Current zoning district: R_ • . • tt� 642 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: wsvw.meridiancity.ora 1 7 0� P Project/subdivision name: l_� f 0_JJ_ L)I,LY26IV l -"'31C�Vn General description of proposed project/request: dQ I ' OL `&uo -k-01 =LQ, o , Proposed zoning district(s): "R -$ T LD Acres of each zone proposed: Type of use proposed (check all that apply): V Residential Xi Commercial ❑ Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable): E Who will own & maintain the pressurized irrigation system in this eve opment? 02-k tz 54-a'.m i n 4iNL uea, Which irrigation district does this (ptr�operty lie within?- Primary irrigation source: � 1IN:77 1rC4 L0,4 , &A Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): CQ.1 Residential Proiect Number of residential units: Number of common and/or other lots: Number of building lots: 115 Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): 4 t 2 or more Bedrooms: 15 Proposed building height: Average property size (s.f.): 10 tcco Gross density (DU/acre-total land): 4 Net density (DU/acre-excluding roads & alleys): Percentage of open space provided: D 7,, Acreage of open space: 2IS Percentage of useable open space: 5% (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) Number of building lots: Other lots: Gross floor area proposed: Existing (if applicable): Hours of operation (days and hours): WnKftbJM Building height: Percentage of site/project devoted to the following: Landscaping: Building: Paving: Total number of employees: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Seating capacity: Total number of parking spaces provided: Number of compact spaces provided: Authorization Print applicant name: T-{�,,., Applicant signature: 1'�`_� Date: - %/1 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 Type of Review Requested (check all that apply) ccessory Use Alternative Compliance ❑ Certificate of Zoning Compliance ❑ Conditional Use Permit Minor Modification ❑ Design Review 8 Private Street ❑ Property Boundary Adjustment ❑ Short Plat ❑ Temporary Use Certificate of Zoning Compliance ❑ Time Extension (Director) ❑ Vacation ❑ Other Applicant Information Planning Department ADMINISTRATIVE REVIEW APPLICATION STAFF USE ONLY: File number(s): A q,—b :�3 — 0 0 3 r Pl' " n � —Ocs— b Project name: �Vtl�l�t �(�h�iy"�Swy) Date filed: ` 0 Date complete: Assigned Planner: �. Related files: Applicant name: n 1 e cl CA S u. i 1, Phone: Z &% b S -7'2 Applicant address: ) q q b &n t+o Applicant's interest in property: ❑ Own ❑ Rent ❑ Optioned I Other P f Owner name: + (��� ii Phone: Owner address: I _�;Zl C_ ()U C Ir Cy, 1 fcq t l P „ d t L r, Zip: 0 Agent name (e.g;, architect, engineer, developer, representative): k" r�l It l Firm name: Phone: ?-S S-- i) S 9 Address: u 0 S 1,-> tLJ l � '1 Zip: � L A Primary contact is: �❑ Applicant ❑ Owner [Agent ❑ Other Contact name: I(_. ttn 'A3 � � Phone: � � b a Y 1 E-mail: a_ i i d -t (e I r► r QU 12 C , 4, Fax: Z S t� ` l� S � Ll Subject Property Information Location/street address: Assessor's parcel number(s): rim Township, range, section: I .S �A E i2 10. Se • 0 Total acreage: Current land use: 'a 5 i A c A: i J Current zoning district: 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888.6854 Website: www"meridiancity.org 1" "'(Rev. 9/21106). ect Project/subdivision name: Q-5 r General description of proposed project/request: b ,hQ/,1 i n3�� `c� uJ W' Q &'t c . Proposed zoning district(s): 'R -$ T LD Acres of each zone proposed: i Type of use proposed (check all that apply): 10 Residential K) Commercial ❑ Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable): E Who will own & maintain the pressurized irrigation system in this eve opment? N0_kM'4 `Jcl m 1 o AinL afe L' Which irrigation district does this npr�-operty lie within? 'f�amAQ%f ,ud,�Q�n Primary irrigation source: �JQr7Dr_c i L0.A-_r cJ Secondary: f Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): 1 Residential Project Summary (if applicable) Number of residential units: 15 Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: 2 or more Bedrooms: Minimum square footage of structure(s) (excl. garage): Proposed building height: Minimum property size (s.f): LP t 2' Average property size (s.f.): 10 1 cco Gross density (DU/acre-total land): 4 Net density (DU/acre-excluding roads & alleys): Percentage of open space provided:Acreage of open space: . 2.4J Percentage of useable open space: —a (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): 1pal=�L�'L^� _ Type of dwelling(s) proposed: Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) Number of building lots: Other lots: Gross floor area proposed: Existing (if applicable): Hours of operation (days and hours): W1K41tti6 Al Building height: Percentage of site/project devoted to the following: Landscaping: Building: Paving: Total number of employees: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Seating capacity: Total number of parking spaces provided: Number of compact spaces provided: Authorization Print applicant name: Applicant signature: A_Lqk1_U Date: 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 January 11, 2007 Anna Canning City of Meridian Planning Department 660 E. Watertower Lane, Suite 202 Meridian, ID 83642 Preliminary Plat and Annexation and Zoning Applications — Gran Subdivision Dear Anna: We are applying for the annexation, zoning, alternative compliance, private street and preliminary plat approval of an approximately 1 acre subdivision located at 4135 W. Cherry Lane. The proposed subdivision will consist of 3 residential lots and I light office lot; lots will range in size from approximately 4,800 square feet to approximately 11,000 square feet in size. Annexation and Zoning The proposed subdivision is located in Meridian's Area of Impact. The subject property is currently located in Ada County and zoned "R1." The subject property is currently being used as a residence. The existing home will be converted to an office use and the existing shop buildings will be removed; a parking lot will be constructed for the proposed office building. The proposed uses for the subject property are residential and commercial; R-8 zoning is being requested for the three proposed residential lots and L-O zoning is being requested for the fourth proposed lot which will be used for a light office use. Preliminary Plat The proposed subdivision will consist of 3 residential lots which will be developed with single-family homes and 1 lot which will be used for an office use. The proposed residential lots will meet the dimensional standards for the R-8 zoning district and the proposed light office lot will meet all dimensional standards for the L-O zoning district. Each proposed lot will have frontage on Cherry Lane. A 25' landscape buffer is proposed for the northern portion of the subdivision bordering Cherry Lane. Alternative Compliance Do to the location of the subject property, it is impossible to meet the 20 ft landscape requirement that the code requires therefore, we are requesting an alternative. We will have approximately 3 ft of landscaping located on the south side of the existing building and approximately 8 to 10 ft along the east side of the private drive. We will meet any other conditions the city may require. Private Street Upon recommendation of City of Meridian staff we are submitting a private street application. Staff recommended that this would be the most appropriate way to gain access to a commercial site. The applicant will meet all City of Meridian requirements. Thank you for your consideration of the proposed annexation and zoning and preliminary plat application. Please feel free to contact me with any questions. Sincerely, Kandi Hall Project Coordinator Stanley Consultants 0 > 0 W. CHERRYTR—U . . . . . ........ . . . . . ...... .. -- ----- .............. . .. .. . . ............. T J aP.^PN^N - saw..s uwlaMauoJ W^ w Tx iamv. w :Pn .�e aanrnP a Pluawuaanu3 Euuru6v3 � ^SIn i1 � � 1L50-PoZ (8�2) ::off ��a:a'J ErPYI Lal�li Y 9 oNral'i.uJno°r°YrPYlan3n czw-esz (eaz)w ]Il1 sMins IO•� AaluelS �B664� as.,o3s,o v. wsa u`ioh��au. P�°aLYx, ns� a'�a�Pwn °i OIl •ii .Ra. o1ryaB S W6l � 'y sc,A 1Vld A?JtlNIWll321d NOISInlaans nvHo 8 i a B oBsyys}}ree 668AT 3 C L 3$gg3$ � yB��E b tl If u yy tli 3 3=C£z�g a aoa a m �` s it = Y �'� a� a a•Rx'���e b' �; A ao �aa�s § ffi8 ^gg Y Rava 8b ni ! g qL .i I...... _. _ i 3 b 5�v �b �ee t i i roK-90106 )w a -o .-0 -wi LODI Ukao UOwn NWqd 3J"V.41 POND NDISRO SX0069 a NOISIAI EMS MUD xvnd adVOSaNVrl 3 he 0 E9 .1..� •rl.y �•y ,. 'P.- PO a a� PC / PO r i J 4 3 S 89"44'11" E "If 2195.88' 9 10 W. CHERRY LANE Nld N � gl� S 89'44'11" E --- C __ 125.23r_ 95.,23 � I 30 I Q � I WORKS DES .Q W fV ZONE Z O 0 �'. to UNPLATTED r 2 I "'00 I o 0 320 ACRES r N M IN M pp S 89.27',3 W m w i 97.65' � I 3 I BZ 0C' 1 w I ! w F j 1-i-1 I �\S,GC� 0 vg I Zolrn IREVISIONS I� 4 ZONE /F8 0 683 ACRES sv 130..98' N 88'52'03" W REZONE EXHIBIT FOR GRAU SUBDIVISION Stanley Consultants INC, IN SECTION 10, T.3 N., R.1 W , B.M. 1940 S BONITO WAY SMITE 140 MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, 1DAHO 83642 208-288-0573 DRAWN: MEM DATE: 1 /15/07 I SCALE: NTS JOB N0. 19644 01/24/2007 13:25 FAX 2082880574 STANLEY CONSULTANTS 2 006 0 A n w. Q W Lj OC ry n C v 2 [REVISIONS 9 i� DRAWN: MFM 3 S 89'44'11" E 2195.88' 10 �114000 W.. CHERRY LANE NI0 Cq a I� S 89'44'11 ' E 125.23' 95.23' 30.00' I 1 AN pD O I r _O A L4 O (,I ZONE L O 0 aDs ,� to UNPLATTED —1� 2 o rn 0.320 ACRES I I ciI N M I I m L S 89'27'32" W r,1 R�vtE P _ 97.65' 3 I I P.*�a►.�c BL OC/1 > WORKS C1EP�. Nco Lo 0 GE O I sl I� 4 IQ' ZO F Ri�' 0.683 ACRES 5 130,98' _ __� N 88'52'03" W/ REZONE EXHIBIT FOR �GRAU SUBDIVISION IN SECTION 10, T,3 N., R.1 W., B.M. MERIDIAN, ADA COUNTY, IDAHO Stanley Consultants LNG 1940 S. BONITO WAY, SUITE 140 MERIDIAN, IDAHO 83542 205-288-0573 DATE: 1 / 15/07 SCALE: NITS JOB N0, 19644 01/24/2007 13:24 FAX 2082880574 STANLEY CONSULTANTS [a 003 W w w Q w w W z i 3 S 89"44'11" E: 2195.88' 10 "000o W. CHERRY LADE =�0 Lo N � 0I� S 59*44'11" E _ 125.23' _ 95.23' 00' ..... "— I Fj 0 I I N p IO f C. p CA VV ui ZOVE1) ZOc 0 0.320 ACRES I I I N 00 S 89*27332'° W m _ 97.65' I 3 BL OCk w I N 1 N I co zl 4 ZOu� /?8 0.683 ACRES ' 41 REVi A VAf` BY '_..- JAIR 21 M WORKS D 1, UNPLATTED 130.98, N 88'52'03" 11,' ' REVISIONS REZONE EXHIBIT FOR Stank` Consultants INC n (GRAU SUBDIVISION IN SEC140 SUITE 40 SECTION 10, T.3 N., R.1 W., B.M. 1s4o S. BONITO WAY, MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, IDAHO 83642 208-288-0573 a 3 DRAWN MEM DATE 1/15/07 SCALE: NTS JOB N0, 19644 J Hearing Date March 2007 File No: AZ-07-003 Project Name: Grau Subdivision Annexation & Zoning Request: Annexation and Zoning of 1.0 acres from R1 (Ada County) to L-O (Limited Office) and R-8 (Medium Density Residential), by Stanley Consultants Location: 4135 West Cherry Lane (NE '/4 NW '/4 of Township 3 North, Range 1 West, Section 10) File No: PP-07-005 Project Name: Grau Subdivision Request: Preliminary Plat approval of 1 office lot in the proposed L-O zone, and 3 single family residential lots in the proposed R-8 zone on 1.0 acres, by Stanley Consultants File No: PS-07-001 Project Name: Grau Subdivision Request: Application for 1 private road within the proposed Grau Subdivision, by Stanley Consultants File No: ALT-07-001 Project Name: Grau Subdivision Request: Alternative Compliance for the 20-foot landscaping buffer adjacent to residential uses, by Stanley Consultants RIECEIVED' FEB 0 1 2007 City Of Meridian City Clerk Office DESCRIPTION FOR GRAU SUBDIVISION JANUARY 15, 2007 A PORTION OF THE NE 1/4 OF THE NW 1/4 OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 10, T.3 N., R.1 W., B.M., THENCE S 89-44'11" E 2195.88 FEET ALONG THE NORTH LINE OF SAID SECTION 10 TO A POINT; THENCE S 00025'12" W 44.80 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 89044" 1" E 125.23 FEET ALONG THE SOUTH RIGHT OF WAY OF CHERRY LANE TO A POINT; THENCE S 00032'28" E 342.00 FEET TO A POINT; THENCE N 88052'03" W 130.98 FEET TO A POINT; THENCE N 00025'12" E 339.98 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THIS PARCEL CONTAINS 1.00 ACRES, MORE OR LESS, AND IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. MICHAEL E. MARKS P.L.S. NO. 4998 ERIDIAN PUBLIC n�F; DEPT. 19644-SUB.doc 01/24/2007 13:24 FAX 2082880574 STANLEY CONSULTANTS 0 002 DESCRIPTION FOR GRAU SUBDIVISION REZONE ZONE LO JANUARY 15, 2007 A PORTION OF THE NE 1/4 OF THE NW 1/4 OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, MERIDIAN, ADAI COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 10, T.3 N., R.1 W., B.M., THENCE S 89-44'11" E 2195.88 FEET ALONG THE'NORTH LINE OF SAID SECTION 10 TO A POINT; THENCE S 00°25'12" W 44.80 FEET TO THE DESCRIPTION; OF THIS THENCE S 89044'11" E 95.23 FEET ALONG THE SOUTH RIGHT OF WAY OF CHERRY LANE TO A POINT; THENCE S 00032'28" E 143.64 FEET TO A POINT, - THENCE S 89"27'32" W 97.65 FEET TO A POINT; THENCE N 00025'12" E 145.00 FEET TO THE READ POINT OF BEGINNING OF THIS DESCRIPTION; THIS PARCEL CONTAINS 0.32 ACRES, MORE OR LESS, AND IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. '104� b MICHAEL E. MARKS P.L.S. NO. 4998 VI OR dF ? F . E VAl BY 1 5 2001? AN PUBLIC 0 DEPT. 19644-ZONE LO.doc 01/24/2007 13:25 FAX 2082880574 STANLEY CONSULTANTS 0 005 DESCRIPTION FOR GRAU SUBDIVISION ANNEXATION AND REZONE ZONE R8 JANUARY 15, 2007 A PORTION OF THE NE 1/4 OF THE NW 1/4 OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS - COMMENCING AT THE NORTHWEST CORNER OF SECTION 10, T.3 N., R.1 W., B.M., THENCE S 89044" 1" E 2195.88 FEET ALONG THE NORTH LINE OF SAID SECTION 10 TO A POINT; THENCE S 00825'12" W 189.80 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 89027'32" E 97.65 FEET TO A POINT; THENCE N 00032'28" W 143.64 FEET TO A POINT ON THE SOUTH RIGHT OF WAY OF CHERRY LANE; THENCE S 89044'11" E 30.00 FEET ALONG THE SOUTH RIGHT OF WAY OF CHERRY LANE TO A POINT; THENCE S 00°32'28" E 342.00 FEET TO A POINT; THENCE N 88052'03" W 130.98 FEET TO A POINT; THENCE N 00025" 2" E 194.98 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THIS PARCEL, CONTAINS 0.68 ACRES, MORE OR LESS, AND IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. MICHAEL E. MARKS P.L_S_ NO. 4998 RE -VIE P VAL BY IAN j. :a PUBLIC, 19644-ZONE RS.doc 01/24/2007 13:25 FAX 2082880574 STANLEY CONSULTANTS Z 007 _____= MAPCHECK S.TXT wednesday January 17, 2007 3:17 PM --------------------------------------- FROM BEARING DISTANCE TO NORTHING FASTING ---------------------------------------------------------------------------- STARTING POINT: 1 10000.000 10000.000 1 s 89-44-11 E 30.000 2 9999.862 10030.000 2 S 0-32-28 E 342.000 3 9657.877 10033.230 3 N 88-52-03 w 130.980 4 9660.466 9902.275 4 N 0-25-12 E 194.980 5 9855.441 9903.704 5 N 89-27-32 E 97.650. 6 9856.363 .10001.350 6 N 0-32-28 w 143.640 7 9999.997 9999.993 CLOSING POINT: 7 10000.000 10000.000 N 62-05-01 E 0.007 CLOSING LINE 939.250 DISTANCE TRAVERSED 127609.124 PRECISION AREA: 29759.11 Square Feet 0.6832 Acres^.� � � o Page 1 01/24/2007 13:24 FAX 2082880574 STANLEY CONSULTANTS a 004 MAPCHECK =___= S.TXT wednesday January 17, 2007 ----------------------------------------------- FROM BEARING DISTANCE TO NORTHING ----------_---------------------------------------------- STARTING POINT: 1 10000.000 1 S 89-44-11 E 95.230 2 9999.562 2 S 0-32-28 E 143.640 3 9855.928 3 S 89-27-32 w 97.650 4 9855.006 4 N 0-25-12 E 145.000 5 10000.002 CLOSING POINT: 5 10000.000 s 52-11-11 w 0.004 CLOSING LINE 481.520 DISTANCE TRAVERSED 136671.964 PRECISION AREA: 13917.07 Square Feet 0.3195 Acres Page 1 3:15 PM ------------------- FASTING ------------------- 10000.000 10095.229 10096.586 9998.940 10000.003 10000.000 ..E.APorj y7 EXHIBIT "A" PARCEL I That portion of the Northeast quarter of the Northwest quarter of North, Range 1 West of the Boise Meridian, Section lo, Township Ada County, Idaho, described as follows; Beginning at the Northwest corner of said section 10; thence South 8901512911 East lba5•.89 feet along the North boundary of the Northwest quarter of Section 10, Phown of record to be East 1986 feet; thence South 009401321, West 44.80 feet to a point on the thence South right of way Tina of Cherry Lai South 99°16'09" East 209.94 feet along the South right of way line of Cherry Lane to REAL P ZN'a' OF $EGINNINGI thence tl continu ng South B9°16'09" West 125.00 feet along said South right of way line; thence South 0 °0�4'200 East 342.00 feetj thence North 88023155" West 130.99 feet, thence North 00°53'20,i West 339.97 feet to 4 point on the South right. of way line of Cherr said point being the REAL POINT OF BEGINNING. Y Lr EXCEPT ditch and road rights of way. PA9CZL IX That portion of the Northeast quarter of,the. North, Range 1 West of khc Boise Meridian, Ada County, Northwaat quarte of Section 10, Township described as followsc Beginning at the Northwest corner of said section 10; thence South 89°15'29" East 1985.89 feet along the North boundary of Section lo, shown of record to be East 1986 feet; thence the Northwest quarter of South 00040'32" West 44.80 feet to a point on the South right of way line of Cherry , this point being the REAL, PorNT OF BEGINNING; thence continuing Y Lan South 00940'32" West 624.69 feetj thence South 89056'30" East 343.06 feet, thence North 00004/200 West 278.72 feet, thence North 88023155" West 130.99 feet; thence North 00453120" Wegt 339.97 thence feet to a point on the South right of way line of Cherry Lar North 89016'09" West 209.94 feet along said right of way line to the RED, POINT of B$QTIQNINO , EXCEPT ditch and road rights of way. AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) ) ss COUN OF ADA)A,5" J zpq ,44 (name) , - (address) being first duly sworn upon (city) (state) oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to Stanley Consultants, 1940 S. Bonito Way Meridian, to submit the accompanying application pertaining to that property. Address or location of property: 1 . 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I understand there may be direct costs incurred by the City of Meridian in obtaining a review of the application by architects, engineers, or other professionals necessary to enable the City of Meridian to approve or disapprove the application. I understand that I will be billed on a monthly basis and will remit payment within 30 days. Type of appli ation: Dated this ifi�k day of 0 (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. Notary Public for Id o Residing at:�,ti My Commission Expires: I PRE -APPLICATION MEETING NOTES DATE: ! Applicant(s):4-� - Engineer/ Architect/Planner: Staff: A- Vr Proposed Development: t re:) 1 tl Location: L IA Required Applications: lk - ' "^ dD . Existing Zoning: ,, a� - 12.1 Proposed ring: g � � _ Comprehensive Plan Designati< For Plats Property Size: k- Number of Units: ____ Dwelling Type: CP77P r- Water: Pressurized Irrigation: Street Buffers: Z ti Ib., a s Open Space & Micropaths: Landscape Plan: Lot Size & Frontage: Topography: Street System: Pathway System: Other lications Annexation Rezone ❑ Conditional Use Permit ❑ Variance ❑ Lot Line Adjustment ❑ Comprehensive Plan Amendment • Application Checklist Review Other Agencies to Contact: l ire Dr Additional Pre -application Conference: Not recommended Recommended Required Anticipated Submission Date: Anticipated Planning & Zoning Date: 7be irrfomzttion d &MT dxs nBn ting is based upon the current City cf Meridian Zorrirg & Sub ui ion O tUnance and applicable Conk' ??'size Plan and is urlid for 3: na�rrths: A �zysubsequerrt o nges to the'Zonis or Sub&. ion Ordinance or Grr�ri�eheMtw Plan nzry a fert y9ff appli�tion DEC 12,2005 07:19 Bill Grau/Trends ?nRRR777nn 1 ...1e COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11-5A-5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-5A-5. agent signature rr /�l 1� Date RE: Subdivision name request Page 1 of 2 Amanda Hess From: Barbara Shiffer Sent: Tuesday, January 16, 2007 2:04 PM To: Amanda Hess Subject: FW: Subdivision name request From: Hall, Kandi [mailto:HallKandi@stanleygroup.com] Sent: Tuesday, January 16, 2007 1:14 PM To: Barbara Shiffer Subject: FW: Subdivision name request Hi Barbara, We have our computers up and running!! Could you please forward this to Jenny for the "Grau" submittal. I can't for the life of me find her card. _Thank you again Kandi Hall Project Coordinator Stanley Consultants, Inc. 208-288-0573 office 208-288-0574 fax 208-830-0349 cell From: David Couch [mailto:dscouch@adaweb.net] Sent: Tuesday, January 16, 2007 11:28 AM To: Hall, Kandi Subject: RE: Subdivision name request January 16, 2007 Kandi Hall Stanley Consultants, Inc. RE: Subdivision Name Reservation GRAU SUBDIVISION Dear Applicant, At your request, I will reserve the name "GRAD SUBDIVISION" for your project. I can honor this reservation only as long as your project is in the approval process. Final approval can only take place when the final plat is recorded. 1/16/2007 RE: Subdivision name request Page 2 of 2 Sincerely, David J. Couch, PLS Ada County Surveyor For procedure on reserving subdivision names go to: http://www.adaweb.net/devserv/survey/Rsubname.htm Check out the list of subdivision names at: http://www.adaweb.net/devserv/survey/subnames.htm -----Original Message ----- From: Hall, Kandi [mailto: Hall Kandi.@ -nipy.group com] Sent: Monday, January 15, 2007 11:04 AM To: David Couch Subject: Subdivision name request Hello Mr. Couch On behalf of our client, I would like to reserve the subdivision name "Grau Subdivision" for the property located on the NW quarter of Section 10, TN, R1 W, in Meridian. The parcel number is S1210212465. Thank you for your help. Sincerely, Kandi Hall Project Coordinator Stanley Consultants, Inc. 208-288-0573 office 208-288-0574 fax 208-830-0349 cell 1/16/2007 After Recording Return To: OWNIT MORTGAGE SOLUTIONS, INC. 27349 AGOURA ROAD, SUITE 100 AGOURA HILLS, CALIFORNIA 91301 Loan Number: 4318497 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 46.00 16 BOISE IDAHO 06102/05 04,21 PM DEPUTY Bonnie Oberbillig III ('lll'IIII'I'llllll'I�„I'lllll "I RECORDED —REQUEST OF 105071170 First American [Space Above This Line For Recording Data] — y DEED OF TRUST MIN: 100224620000764814 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated MAY 27, 2005 together with all Riders to this document. (B) "Borrower" is WILLIAM R. GRAU, AN UNMARRIED MAN Borrower is the trustor under this Security Instrument. (C) "Lender" is OWNIT MORTGAGE SOLUTIONS, INC. Lender is a CALIFORNIA CORPORATION organized and existing under the laws of CALIFORNIA Lender's address is 27349 AGOURA ROAD, SUITE 100, AGOURA HILLS, CALIFORNIA 91301 (D) "Trustee" is FIRST AMERICAN TITLE COMPANY OF IDAHO, INC. (E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (F) "Note" means the promissory note signed by Borrower and dated MAY 2 7 , 2 0 0 5 The Note states that Borrower owes Lender ONE HUNDRED SEVENTY—NINE THOUSAND AND 0 0 / 10 0 Dollars (U.S. $ 17 9, 0 0 0. 0 0 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than JUNE 1, 2035 IDAHO--Single Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS D0c/Nepk407 1WW 800-649-1362 Form 3013 1/01 Page 1 of 14 www.docmagic.com 10013.mzd. Lu. 1� (G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (H) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (1) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider ❑ Balloon Rider ❑ Planned Unit Development Rider ❑ Other(s) [specify] ❑ 1-4 Family Rider ❑ Biweekly Payment Rider (J) "Applicable Law" means all controlling applicable federal, slate and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non -appealable judicial opinions. (K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instillment, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (M) "Escrow Items" means those items that are described in Section 3. (N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (R) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the COUNTY of ADA [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] IDAHO--Single Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DodW89la 600�649.1361 Form 3013 1101 Page 2 of 14 www.docmagic.com Id3013--d.2.1t. SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "A". A.P.N. #: S1210212465 which currently has the address of 4135 WEST CHERRY LANE [Street] MERIDIAN , Idaho 83642 ("Property Address"): [city] [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal tide to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that 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, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrowershall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of IDAHO--Single Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DodNagicdeg4romw 800-649-1362 Form 3013 1101 Page 3 of 14 www.docmagic.com 10011inul.).ten time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items. " At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in 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 an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, IDAHO--Single Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DocMaglc�5 600-649-1361 Form 3013 1/01 Page 4 of 14 www.docmagic.com 1d3013.mzd.4.1em Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge 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, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; 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 can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. 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, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan, The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one- time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, IDAHO--Single Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DocMagic4e57cxa. 800649-1362 Form 3013 1101 Page 5 of 14 www.docmagic.com IM13—d.5.1em Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. IDAHO--Single Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Form 3013 1/01 Page 6 of 14 DocMagk YtvwbP w cm g4c.com Id30I3.mA.6.1em 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. 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. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums 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 selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying IDAHO.-Single Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Form 3013 1/01 Page 7 of 14 DocMayicda_-- 'AU9 800649-136Z www.docmagic.com 10013.m d.9,tem the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance term in ated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to 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 Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or IUAHU--single Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DocMagiceSrx°t�: soo-cos-rssz Form 3013 1/01 Page 8 of 14 www.docmagic.com 10013.mzd S 1— rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; 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 Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer'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 can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan 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 (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. IDAHO--Single Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DocMag1c4ervx-Ho 800-649-1J62 Form 3013 1101 Page 9 of 14 www.docmagic.com I00I3.wd.9.lem If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. 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. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall he given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent. Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of. (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter i v.,n.,--3-gie ramny—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DncMagk4Ls-A tcfA 800-649-1362 Form 3013 1/01 Page 10 of 14 www.docmagic.com W013.mzd.10.1em the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON -UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all IDAHO--Single Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS D0CM091C4Mt-V DM 600-649-1362 Form 3013 1/01 Page 11 of 14 www.docmagic.com W3013.mzd.11.te expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute written notice of the occurrence of an event of default and of Lender's election to cause the Property to be sold, and shall cause such notice to be recorded in each county in which any part of the Property is located. 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. 23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is permitted under Applicable Law. 24. Substitute Trustee. Lender 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. 25. Area and Location of Property. Either the Property is not more than 40 acres in area or the Property is located within an incorporated city or village. IDAHO•-Single Family —Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DocMagfC4M VWDZ 800-609-1361 Form 3013 1101 Page 12 of 14 www.docmagic.com 1d3013.mM.12.1— BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. 1 (Seal) ILLIAM R. GRAU -Borrower — (Seal) -Borrower (Seal) -Borrower Witness: Witness: (Seal) -Borrower (Seal) -Borrower (Seal) Borrower IDAHO--Single Family —Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DocMagic4aun s 800c4e-1362 Form 3013 1101 Page 13 of 14 www.docmagic.com 10013.MM.13AM State of Idaho ss. County of Ada ) On this 27 th day of May in the year of 2U05 before me, Diane Cobbs Amen a Notary Public, personally appeared WILLIAM R. GRAU proved to me to be the person(s) whose name(s) is9 subscribed to the within instrument, and acknowledged to me that he/4XIA0 executed the same. / �000— "'••ResicKng in Boise, Idaho `�4� •�� O��"•y O �� My commission expires on: 1/26/2011 m s 0 a .,may �Nd ••MN••. 5����r IDAHO--Single Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DOcMagice T�'Thn�9 800-649-1362 Form 3013 1/01 Page 14 of 14 www.docmagic.com Id3013.mzd.14.tem EXHIBIT A LEGAL DESCRIPTION: A portion of the Northeast quarter of the Northwest quarter of Section 10, Township 3 North, Range 1 West, Boise -Meridian, Ada County, Idaho, described as follows: Beginning at the Northwest corner of said Section 10; thence South 89015'29" East 1,985.89 feet, along the North boundary of the Northwest quarter of Section 10 (shown of record as East 1986 feet; thence South 00040' 32" West 44.80 feet to a point on the South right- of-way line of Cherry Lane; thence South 89116'09" East 209.94 feet along the South right-of-way line of Cherry Lane to the REAL POINT OF BEGINNING; thence continuing South 89016'09" East 125.00 feet along said South right-of-way line; thence South 00104'20" East 342.00 feet to a point; thence North 88123'55" West 130.98 feet to a point; thence North 00053'20" West 339.97 feet to a point on the South right-of-way line of Cherry Lane, said point being the REAL POINT OF BEGINNING. EXCEPT that portion deeded to Ada County Highway District for highway purposes, in Warranty Deed recorded August 2, 1994, as Instrument No. 94071846, Official Records. Loan Number: 4 318 4 9 7 Date: MAY 27, 2005 Property Address: 4135 WEST CHERRY LANE, MERIDIAN, IDAHO 83642 A.P.N. # : S1210212465 �r Legal— EXHIBIT "A" LEGAL DESCRIPTION DOCMagic 800-649-1362 www.docmagic.com Form No. 1056.92 (10/17/92) ALTA Loan Policy Form 1 Policy No.: 4101-593032-A Page 1 Policy of Title Insurance 4' A'u E ISSUED BY First American Title Insurance Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation hereinafter called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land; 5. The invalidity or unenforceability of the lien of the insured mortgage upon the title; 6. The priority of any lien or encumbrance over the lien of the insured mortgage; 7. Lack of priority of the lien of the insured mortgage over any statutory lien for services, labor or material: (a) arising from an improvement or work related to the land which is contracted for or commenced prior to Date of Policy; or (b) arising from an improvement or work related to the land which is contracted for or commenced subsequent to Date of Policy and which is financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance; 8. Any assessments for street improvements under construction completed at Date of Policy which now have gained or hereafter may gain priority over the insured mortgage; or 9. The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment is shown in Schedule A, or the failure of the assignment shown in Schedule A to vest title to the insured mortgage in the named insured assignee free and clear of all liens. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations. First American Title Insurance Company r' By., `, 7 — President Attest.- /_ Secretary Countersigned ELECTRONIC ORIGINAL FirstAmerican Title of Idaho © 2000 The First American Corporation. All Rights Reserved -J-A��� Forth No. 1056.92 (10/17/92) ALTA Loan Policy Form 1 SCHEDULE A Date of Policy: June 02, 2005 at 4:21 p.m. Loan No.: 4318497 Amount of Insurance: $179,000.00 Policy No.: 4101-593032 Page 2 of 12 Policy No.: 4101-593032-A Premium: $1,192.10 1. Name of Insured: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., (solely as nominee for Lender and Lender's successors and assigns), Ownit Mortgage Solutions, Inc. 2. The estate or interest in the land which is encumbered by the insured mortgage is: Fee Simple 3. Title to the estate or interest in the land is vested in: William R. Grau, an unmarried man 4. The insured mortgage and assignments thereof, if any, are described as follows: Deed of Trust/Mortgage: Grantor/Trustor: William R. Grau, an unmarried man Trustee: First American Title Company of Idaho, Inc. Grantee/Beneficiary: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., (solely as nominee for Lender and Lender's successors and assigns), Ownit Mortgage Solutions, Inc. Original Amount: $179,000.00 Dated: May 27, 2005 Recorded: June 02, 2005 Recording No.: 105071170 5. The land referred to in this Policy is described as follows: A portion of the Northeast quarter of the Northwest quarter of Section 10, Township 3 North, Range 1 West, Boise -Meridian, Ada County, Idaho, described as follows: FirstAmerican Title Form No. 1056.92 (10/17/92) ALTA Loan Policy Form 1 Beginning at the Northwest corner of said Section 10; thence South 89115'29" East 1,985.89 feet, along the North boundary of the Northwest quarter of Section 10 (shown of record as East 1986 feet; thence South 00040' 32" West 44.80 feet to a point on the South right- of-way line of Cherry Lane; thence South 89116'09" East 209.94 feet along the South right-of-way line of Cherry Lane to the REAL POINT OF BEGINNING; thence continuing South 89016'09" East 125.00 feet along said South right-of-way line; thence South 00004'20" East 342.00 feet to a point; thence North 88023'55" West 130.98 feet to a point; thence North 00053'20" West 339.97 feet to a point on the South right-of-way line of Cherry Lane, said point being the REAL POINT OF BEGINNING. EXCEPT that portion deeded to Ada County Highway District for highway purposes, in Warranty Deed recorded August 2, 1994, as Instrument No. 94071846, Official Records. APN: S1210212465 Policy No.: 4101-593032 Page 3of12 FirstAmerican Tit/e Form No. 1056.92 (10/17/92) Policy No.: 4101-593032 ALTA Loan Policy Forth 1 Page 4 of 12 SCHEDULE B EXCEPTIONS FROM COVERAGE PART ONE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. General and Special Taxes for the year 2005, an accruing lien not due or payable until the fourth Monday in November 2005 when the bills are issued, the first half of which is not delinquent until after December 20, 2005. 2. Any tax, fee, assessments or charges as may be levied by Ada County Trash Services, paid current. 3. Any tax, fee, assessments or charges as may be levied by Nampa Meridian Irrigation District, paid current. 4. Covenants, conditions, restrictions and/or easements, if any, affecting title, which may appear in the public record, including those shown on any recorded plat or survey, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, family status, or national origin, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes. FirstAmerican Title Form No. 1056.92 (10/17/92) ALTA Loan Policy Form 1 SCHEDULE B PART TWO Policy No.: 4101-593032 Page 5 of 12 In addition to the matters set forth in Part One of this Schedule, the title to the estate or interest in the land described or referred to in Schedule A is subject to the following matters, if any be shown, but the Company insures that these matters are subordinate to the lien or charge of the insured mortgage upon the estate or interest: Deed of Trust and the terms and conditions thereof. Loan No.: 4318498 Trustor: William R. Grau, an unmarried man Beneficiary: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., (solely as nominee for Lender and Lender's successors and assigns), Ownit Mortgage Solutions, Inc., a California Corporation Trustee: First American Title Company of Idaho, Inc. Amount: $25,500.00 Dated: May 27, 2005 Recorded: June 02, 2005 Recording Information: 105071171 FirstAmerican Tit/e Form No. 1056.92 (10/17/92) ALTA Loan Policy Form 1 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; b not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A. The term "insured" also includes: (i) the owner of the indebtedness secured by the insured mortgage and each successor in ownership of the indebtedness except a successor who is an obligor under the provisions of Section 12(c) of these Conditions and Stipulations (reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor insured, unless the successor acquired the indebtedness as a purchaser for value without knowledge of the asserted defect, lien, encumbrance, adverse claim or other matter insured against by this policy as affecting title to the estate or interest in the land); (ii) any governmental agency or governmental instrumentality which is an insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage, or any part thereof, whether named as an insured herein or not: (iii) the parties designated in Section 2(a) of these Conditions and Stipulations. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the Policy No.: 4101-593032 Page 6 of 12 over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgage insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: a to timely record the instrument of transfer; or b of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. CONDITIONS AND STIPULATIONS lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a)(iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A or the insured mortgage to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE. (a) After Acquisition of Title: The coverage of this policy shall continue in force as of Date of Policy in favor of (i) an insured who acquires all or any part of the estate or interest in the land by foreclosure, trustee's sale, conveyance in lieu of foreclosure, or other legal manner which discharges the lien of the insured mortgage; ii) a transferee of the estate or interest so acquire from an insured corporation, provided the transferee is the parent or wholly -owned subsidiary of the insured corp- oration, and their corporate successors by operation of law and not by purchase, subject to any rights or defenses the Company may have against any predecessor insureds; and (iii) any governmental agency or governmental instrumentality which acquires all or any part of the estate or interest pursuant to a contract of insurance or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage. (b) After Conveyance of Title: The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. (c) Amount of Insurance: The amount of insurance after the acquisition or after the conveyance shall in neither event exceed the least of: (i) The amount of insurance stated in Schedule A; (ii) The amount of the principal of the indebted- ness secured by the insured mortgage as of Date of Policy, interest thereon, expenses of foreclosure, amounts advanced pursuant to the insured mortgage to assure compliance with laws or to protect the lien of the insured mortgage prior to the time of acquisition of the estate or interest in the land and secured thereby and reasonable amounts expended to prevent deterioration of improvements, but reduced by the amount of all payments made; or RrstAmedcan Tit/e Form No. 1056.92 (10/17/92) ALTA Loan Policy Form 1 (iii) The amount paid by any governmental agency or governmental instrumentality, if the agency or instrumentality is the insured claimant, in the acquisition of the estate or interest in satisfaction of its insurance contract or guaranty. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest or the lien of the insured mortgage, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this Policy, or (iii) if title to the estate or interest or the en of the insured mortgage, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this poli . (bb The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured. If the Company is prejudiced by the failure of the insured to fumish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. S. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized repre- sentative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following options: (a) To Pay or Tender Payment of the Amount of Insurance or to Purchase the Indebtedness. (i) to pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay; or Policy No.: 4101-593032 Page 7 of 12 (ii) to purchase the indebtedness secured by the insured mortgage for the amount owing thereon together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of purchase and which the Company is obligated to pay. If the Company offers to purchase the indebtedness as herein provided, the owner of the indebtedness shall transfer, assign, and convey the indebtedness and the insured mortgage, together with any collateral security, to the Company upon payment therefor. Upon the exercise by the Company of either of the options provided for in paragraphs a(i) or (ii), all liability and obligations to the insured under this policy, other than to make the payment required in those paragraphs, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or other- wise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs b(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. DETERMINATION AND EXTENT OF LIABILITY. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the amount of insurance stated in Schedule A, or, if applicable, the amount of insurance as defined in Section 2(c) of these Conditions and Stipulations; (ii) the amount of unpaid principal indebtedness secured by the insured mortgage as limited or provided under Section 8 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage insured against by this policy occurs, together with interest thereon; or (iii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this poll . (b� In the event the insured has acquired the estate or interest in the manner described in Section 2(a) of these Conditions and Stipulations or has conveyed the title, then the liability of the Company shall continue as set forth in Section 7(a) of these Conditions and Stipulations. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. FirstAmerican Title Form No. 1056.92 (10/17/92) ALTA Loan Policy Form 1 8. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, or otherwise establishes the lien of the insured mortgage, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title or to the lien of the insured mortgage, as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. (d) The Company shall not be liable for: (i) any indebtedness created subsequent to Date of Policy except for advances made to protect the lien of the insured mortgage and secured thereby and reasonable amounts expended to prevent deterioration of improvements; or (ii) construction loan advances made subsequent to Date of Policy, except construction loan advances made subsequent to Date of Policy for the purpose of financing in whole or in part the construction of an improvement to the land which at Date of Policy were secured by the insured mortgage and which the insured was and continued to be obligated to advance at and after Date of Policy. 9. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. (a) All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. However, any payments made prior to the acquisition of title to the estate or interest as provided in Section 2(a) of these Conditions and Stipulations shall not reduce pro tanto the amount of the insurance afforded under this policy except to the extent that the payments reduce the amount of the indebtedness secured by the insured mortgage. (b) Payment in part by any person of the principal of the indebtedness, or any other obligation secured by the insured mortgage, or any voluntary partial satisfaction or release of the insured mortgage, to the extent of the payment, satisfaction or release, shall reduce the amount of insurance pro tanto. The amount of insurance may thereafter be increased by accruing interest and advances made to protect the lien of the insured mortgage and secured thereby, with interest thereon, provided in no event shall the amount of insurance be greater than the amount of insurance stated in Schedule A. (c) Payment in full by any person or the voluntary satisfaction or release of the insured mortgage shall terminate all liability of the Company except as provided in Section 2(a) of these Conditions and Stipulations. 10. LIABILITY NONCUMULATIVE. If the insured acquires title to the estate or interest in satisfaction of the indebtedness secured by the insured mortgage, or any part thereof, it is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy. 11. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 12. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant the Company shall be subrogated to all rights and remedies of the insured claimant after the insured claimant shall have recovered its principal, interest and costs of collection. (b) The Insured's Rights and Limitations. Notwithstanding the foregoing, the owner of the indebtedness secured by an insured mortgage, provided the priority of the lien of the insured mortgage or its enforceability is not affected, may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or release a portion of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtedness. When the permitted acts of the insured claimant occur and the insured has knowledge of any claim of title or interest adverse to the title to the estate or interest or the priority or enforceability of the lien of the insured mortgage, as insured, the Company shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (c) The Company's Rights Against Non- insured Obligors. The Company's right of subrogation against non- insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. Policy No.: 4101-593032 Page 8 of 12 The Company's right of subrogation shall not be avoided by acquisition of the insured mortgage by an obligor (except an obligor described in Section 1(a)(ii) of these Conditions and Stipulations) who acquires the insured mortgage as a result of an indemnity, guarantee, other policy of insurance, or bond and the obligor will not be an insured under this policy, notwithstanding Section 1(a)(i) of these Conditions and Stipulations. 13. ARBITRATION. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The laws of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 14. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the lien of the insured mortgage or of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 15. SEVERABILITY. In the event any provision of this policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 16. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at 1 First American Way, Santa Ana, Ca. 92707, or to the office which issued this policy. First American Title Forth No. 1056.92 (10/17/92) ALTA Loan Policy Form 1 ENDORSEMENT Attached to Policy No. 4101-593032-A Issued By First American Title Insurance Company Policy No.: 4101-593032 Page 9 of 12 The Company hereby insures the owner of the indebtedness secured by the insured mortgage against loss or damage which the insured shall sustain by reason of any of the following matters: 1. The existence of any of the following: (a) Covenants, conditions or restrictions under which the lien of the mortgage referred to in Schedule A can be cut off, subordinated, or otherwise impaired; (b) Present violations on the land of any enforceable covenants, conditions or restrictions; (c) Except as shown in Schedule B, there are no encroachments of buildings, structures or improvements located on the land onto adjoining lands, or any encroachments onto the land of buildings, structures or improvements located on adjoining lands. 2. (a) Any future violations on the land of any covenants, conditions or restrictions occurring prior to acquisition of title to the estate or interest referred to in Schedule A by the insured, provided such violations result in impairment or loss of the lien of the mortgage referred to in Schedule A, or result in impairment or loss of the title to the estate or interest referred to in Schedule A if the insured shall acquire such title in satisfaction of the indebtedness secured by the insured mortgage; (b) Unmarketability of the title to the estate or interest referred to in Schedule A by reason of any violations on the land, occurring prior to acquisition of title to the estate or interest referred to in Schedule A by the insured, of any covenants, conditions or restrictions. Damage to existing improvements, including lawns, shrubbery or trees (a) Which are located or encroach upon that portion of the land subject to any easement shown in Schedule B, which damage results from the exercise of the right to use or maintain such easement for the purposes for which the same was granted or reserved; (b) Resulting from the exercise of any right to use the surface of the land for the extraction or development of the minerals excepted from the description of said land or shown as a reservation in Schedule B. 4. Any final court order or judgment requiring removal from any land adjoining the land of any encroachment shown in Schedule B. Wherever in this endorsement any or all the words "covenants, conditions or restrictions" appear, they shall not be deemed to refer to or include the terms, covenants, conditions or restrictions contained in any lease. For purposes of this endorsement, the words "covenants," "conditions" or "restrictions" shall not be deemed to refer to or include any covenants, conditions or restrictions relating to environmental protection, except to the extent that a notice of a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy and is not excepted in Schedule B. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of RrstAmeiican Title Form No. 1056.92 (10/17/92) ALTA Loan Policy Form 1 Policy No.: 4101-593032 Page 10 of 12 the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. ID - CLTA Form 100 (Revised 6-14-96) (Rev. 1-00) - ALTA Lenders First American Title Company of Idaho, Inc. By: Steve Jewett, Authorized Signatory FirstAlmelxan Title Form No. 1056.92 (10/17/92) ALTA Loan Policy Form 1 ENDORSEMENT Attached to Policy No. 4101-593032-A Issued By First American Title Insurance Company Policy No.: 4101-593032 Page 11 of 12 The Company hereby insures the owner of the indebtedness secured by the insured mortgage against loss or damage which the insured shall sustain by reason of the failure of (i) a Single Family Residence known as 4135 West Cherry Lane, Meridian, ID 83642 to be located on the land at Date of Policy, or (ii) the map attached to this policy to correctly show the location and dimensions of the land according to the public records. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. ID - CLTA Form 116 First American Title Company of Idaho, Inc. By: }' Steve Jewett, Authorized Signatory First American Tit/e Form No. 1056.92 (10/17/92) Policy No.: 4101-593032 ALTA Loan Policy Form 1 Page 12 of 12 ENDORSEMENT Attached to Policy No. 4101-593032-A Issued By First American Title Insurance Company The insurance afforded by this endorsement is only effective if the land is used or is to be used primarily for residential purposes. The Company insures the insured against loss or damage sustained by reason of lack of priority of the lien of the insured mortgage over: (a) any environmental protection lien which, at Date of Policy, is recorded in those records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge, or filed in the records of the clerk of the United States district court for the district in which the land is located, except as set forth in Schedule B; or (b) any environmental protection lien provided for by any state statute in effect at Date of Policy, except environmental protection liens provided for by the following state statutes: NONE This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. ID - ALTA Form 8.1 First American Title Company of Idaho, Inc. By: Steve Jewett, Authorized Signatory FirstAmerican Title Jan 15 07 01:51 p Bob J. Arnold, PE 208-323-7866 p.1 Bob J. Arnold, PE 208-440-6276 ` Mr. Larry Taylor 749 North Ralston Meridian, Idaho 83642 Mr. Taylor: Fax 208-323-7866 Civil Engineering Geotechnical Engineering Materials Testing & inspection Services bia IdneA-mis>n.com January T5. 2007 702096001.'doc Page 1 or 3 Re: Grau Subdivision 4135 West Cherry Lane Meridian, Idaho 83642 As per your request, I have reviewed groundwater data available from the Idaho Department of Water Resources for wells near the subject property. Two wells were identified for parcels just west of the subject property. Well logs for wells at 4365 Cheery Lane and 1490 Jones Creek Lane indicate the depth to static groundwater is 12' and 10' below the existing ground surface. This data agrees with the information available in the Ada County Soil Survey by the US Soil Conservation Service that indicates the groundwater is greater than 6.0' below the surface. This document further indicates the onsite soils include a well - drained silt loam that in moderately deep to a hardpan layer. Below the hardpan are alluvial sand and gravels. The Soil Survey states that the onsite soils are well suited for residential construction. Based upon published information, your project appears to be geotechnical feasible. For preliminary design and budgeting purposes a depth to groundwater of 10' and an allowable foundation bearing pressure of up to 1500 psf may be used_ Both values will be confirmed during the future field exploration. Digline has been contacted and excavation will be scheduled as soon as possible. This opportunity to be of service is appreciated. I will inform you as to the scheduling of test pits as soon as utilities are located and an excavator is contracted. Respectfully submitted 5/0? a &I L-07*n Rob J. Arnold, PE 8717 Craydon Drive - Boise, Idaho 83704 Jan 15 07 01:52p Bob J. Arnold, PE 208-323-7866 p.2 Bob J. Arnold, PE Civil Engineering Geolechnical Engineering Materials Testing & Inspection Services 208-440-6276 Fax 208-323-7866 �` biarnoldpe(a?msn com January 15, 2007 702096001-dor_ 2 of 3 7(,--7t,�3 Office TJse Only Formn8-7 IDAHO DEPARTMENT OF WATERRESOURCES hWccWdby 3/53-C46 WELL DRILLER'S REPORT Twp RW s�6 1. DRILLING PERMIT NO Other ID WR No. DOO15613 2. OWNER: '.dame Gerze JDnes Address 462 E Couv_ar City Meridian State;D Zip 83142 3. LOCATION OF WY'E1.I, fry legal dMeriplion: Sketch rnap 1—i"'on must u cc with written location N T_1NT- 3 North 129 or South ❑ w- E Rg®. 1 East ❑ or West Sec. tO 1/4 ME V4 NW 1/ 4 Guv'tlut CountyAdn i ar. Lon_ _ Address of Well Site 1490 N James C re& i n. City Meridian tlsMK aewco ro - amocc tv or LaoG'"' j Lt. BIs. Sub. Namc 4. USE- 0 Domestic ❑ Municipal ❑ Monitor L-- irrigatian ❑ lharmal [;J b jcction El Oth-T 5. -(` PE OF WORK check all that apply (Repl..cemerrt etc-) New Well ZI Modify ❑ Abandonrnen: ❑ Other 6- DRILL NIFTI10D ® Air Rotary ❑ Cable ❑ Mud Rotary ❑ Other 7. SF:.1LUITG PROCel)URES SEAT/F LT _R PACKNANIMUNET METHOD To ^am Was d;ve SILO; wed? Isi1 Y C. N Shoc Depth(s) %VaS drive shoe SC01 tc.;ted4 ❑ Y M N Ilaw'! S. CASaNC.1l.iNR.R- -aloe Lima wefd�d Tb,.dra O ❑ O ❑ Length of Fleadpipe 10' Length of r�ilpi fx 9- J`ERFORAT.l0.NS/SCRLEr1S ❑ 'PertnratiOts Mctliod wasli-in ® Screens Screca "Cype telesennirP Frnsn To lSk•t Sim Number Diameter Mataiat Cn tin [.finer too, 110, .020 5" Sts[ ,7 ❑ 0 o 10. STATIC WA:l'L• R .LEVEL OR ARTESIAN PRESSURE: i Ott. ueiow V-ow:d Am)si:v: Presbure t'o Depth flow ettcotmte:ed ft. Describe access port tx coatro( devices: 114 114 114 1L W)ELL TESTS. fix Leos n Ptunn n Rkil— I'O Ab rl ri,...a__ x�__:__ a rICrvo. nottnxuhD)ctemp. 4irtarr Quality test or co-nmcn= Depth firs: WaEer Etaco --dam 12. LITHOLO(;IC LOU! (Describe ropairs or abnadoaroest) Water ttorc 4 row TD Rre.vttx:Lkhotagy,water QWlity &temp Ar l0" 0' 4' 0 soil 20 sand gravel 6' 20' 15' sand Rmyel — 6 ' 35' 45' sandy brawn clay b" AS' 65' Dtowa smd 65' G8' hrown clay 15' hrtnvn rand 75' A' bruwn clay 6" 90; 93' browaswtd 6` ')3 98' brown elav 110' browrt and white egad I iRmwcwA RESOURCEi Completed Depth: 1 1fl rl+Qertsttrable) Dare Stare 111.19.00 Completed 10-20-M 13. DRILLER'S CERTIFICATION ] We ezr" y that all minimum well construction SLVXLards were cctttlFlied wish at the time die rig was removed. Ftrxn NamenM__4P_2ff FirmOr]iciaDSupervisoryr Operatopaca�f /3 (Sign wax :fFirm Official t2 Operarm) Dau: I1 i 10iC0 Tiw.4.03 PLd Bob J. Arnold, PE 8717 Craydon Drive Boise, Idaho 83704 Jan 15 07 01.52p Bob J. Arnold. PE 208-323-7866 p.3 Bob J. Arnold, PE 208-440-6276 Fax 208-323-7866 Civil Engineering Geotechnical Engineering Materials Testing & Inspection Services arnoldpeOmsn.com January 15, 2007 702096001.dnr 3 of 3 ;a7 IDAHO DEPARTMENT OF WATER RESOURCES WELL DRILLER'S REPORT 1. DRILUNG PERMIT NO. _-��:W- OG77 Ooo Other IDWR Mc. 2. OWNEI ; 3. LOCATION OF WELL by legal description: SkEtch map location fnu�r agree with written locatlon. N Twp- North F' ar South C w E Roe. ----�— East 0 or West l< Sec,— 14,1Y(b' 1/4 1i Govt Lot_ County;���' s j Addres30l Well Site a:U pfrs`• I�w � tir nr.n y ,nor .-o.i..ce Ic a,.o vr.m,ono lt. BIk^� Sub. Name 4. PROPOSED USE: i6 Dornesc- © Munlcipai 0 Monitor 0Irrigation C Thormai ❑ InJec:kor E) Other 5. TYPE OF WORK New Well D Modify crRepair oSeplatemort -D ACandwrran 8. DRILL METHOD -7 Mud Fioiwy ❑ Air Rotary jCatie p Other 7. SEALING PROCEDURES sEAL,r ucr, PACK AMoutir fnE-Hoo Mn[ttUl F — T. S.c . or n Was tlrlve shoe u�:d? IB'Y Zi N S.noe Depth% Was drive shoe Beal tested?YO NL'rHovo� S. CASINWUNER: Otwmata Fipn Tc G9' a •Wfp9�l CAs'�na linof w.1dw Th—jw d /' !IP � 7 -a � ❑ ❑ a ❑ ❑ ❑ a ❑ ❑ Cl a _enpth a; tsaadplpe__ tarxjth of Tailpipe 9. PERFORATICNS/SCREENS O Perforations MoffioL ❑ Screens Screen Type iron To Sloleia tt.mnx ry,7 w Mi:G/f4t �,uPa Lnec G ❑ 10. STATIC WATER LEVEL OR ARTESIAN PRESSURE: -_—Zh-oeiowground Artesian pressure ib. Depth flow encountered _h. Describo access port or control devices: Use Typewriter or Ball Point Pen 49840 11. WELL TESTS: tr"Pump ❑ Bailer ZAlr ❑ Fkrwing Artestar cold A,*,. Dra..�own t..wl t,me 7 / D 3 r /I1 Water Temp. Bottom hole temp. Water OLailty test or comments 12. LITHOLOGIC LOG! inpn-._.. — ...u_ 13. DRILLER'S CERTIFICATION Ave ccnity that all minimum well construction otarauLws were oompiied with at the time the rlg was ramovetl. /f Firm Numa .� irrn No-�2PP7 Firm Dete— and •}- Supervisor Cr Dato Operafa`�C.u,�-r tS rw 9 F— Okiu'.i a opw.1,) FORWARD WHITE COPY TO WATER RESOURCES Bob J. Arnold, PE 8717 Craydon Drive Boise, Idaho 83704 RADIUS NOTICE REPORT FILE NAME: 4135w 01-Feb-2007 Owners ALLEN DANIEL L ALLEN LUCINDA R Property Address: CANFIELD WILLIAM D & CANFIELD JANET L Property Address: CLARK MICHAEL V CLARK ETHEL B Property Address: CLEAVER OLIVER CLEAVER DEBORAH ANN Property Address: CLEAVER OLIVER CLEAVER DEBORAH ANN Property Address: CLEAVER OLIVER CLEAVER DEBORAH ANN Property Address: COOPER DEAN D COOPER CHRISTY A Property Address: CROY CLAUDE & CROY REBECCA Property Address: DAVIS GEORGE B DAVIS MILDRED L Property Address: Owner Address 4098 W BLUE CREEK DR MERIDIAN, ID 83642-0000 4079 W CHERRY LN MERIDIAN, ID 83642-1022 4135w 4135w 1639 N INTERLACHEN WAY MERIDIAN, ID 83646-1002 4135w 2490 N LOCUST GROVE RD MERIDIAN, ID 83646-7805 4135w 2490 N LOCUST GROVE RD MERIDIAN, ID 83646-7805 4135w 2490 N LOCUST GROVE RD MERIDIAN, ID 83646-7805 4112 W CHERRYTREE CT MERIDIAN, ID 83642-0000 4045 W CHERRY LN MERIDIAN, ID 83642-1022 4225 W CHERRY LN MERIDIAN, ID 83642-5433 4135w 4135w 4135w 4135w I Owners Ov, ner Address - - DEROSE ROBERT 1621 N 1NTERLACHEN WAY DEROSE KAREN MERIDIAN, ID 83646-1002 Property Address: 4135w DUGDALE MARJORIE 1 Property Address: DUNFEE LAND COMPANY LP Property Address: ESTEVEZ LUIS POSADA MARIA ELENA Property Address: EVANS HILLERI D Property Address: FORTIER ORB FORTIER CONSTANCE Property Address: FULLER MITCHELL R & FULLER BETH L Property Address: GILBERTSON ROGER L & GILBERTSON DAVEITA J Property Address: GOLDCREEK DEVELOPERS LLC Property Address: GOLDCREEK DEVELOPERS LLC Property Address: 4187 W CHERRYTREE CT MERIDIAN, ID 83642-0000 4135w 6730 N CONAGHER LN EAGLE, ID 83616-0000 4135w 4134 W CHERRYTREE CT MERIDIAN, ID 83642-0000 4135w 4169 W CHERRYTREE CT MERIDIAN, ID 83642-0000 4135w 4082 W THORN CREEK CT MERIDIAN, ID 83642-0000 4135w 4116 W BLUE CREEK DR MERIDIAN, ID 83642-0000 4135w 4066 W THORN CREEK CT MERIDIAN, ID 83642-0000 4135w 6223 N DISCOVERY WAY # 120 BOISE,ID 83713-0000 4135w 6223 N DISCOVERY WAY # 120 BOISE,ID 83713-0000 4135w 2 Owners Owner Address GOLF VIEW ESTATES HOA PO BOX 1090 MERIDIAN, ID 83680-0000 Property Address: 4135w GOLF VIEW ESTATES HOA Property Address: GOSLIN JOHN H Property Address: GRANT HUBERT JEFFERSON JR & GRANT EDITH H Property Address: GRAU WILLIAM R Property Address: GUANCHE TERESA L Property Address: HAYES WILLIAM HAYESBEVERLY Property Address: HORKLEY MITZI J SLADE CLARENCE C Property Address: HYMAS LAURIE K Property Address: JOHNSON LARRY LEE JOHNSON SHARON KAY Property Address: PO BOX 1090 MERIDIAN, ID 83680-0000 4135w 4074 W BLUE CREEK DR MERIDIAN, ID 83642-0000 4135w 4182 W BLUE CREEK DR MERIDIAN, ID 83642-4208 4135w 4135 W CHERRY LN MERIDIAN, ID 83642-0000 4135w 1574 N WINTERTREE AVE MERIDIAN, ID 83642-0000 4135w 1490 N WINTERTREE AVE MERIDIAN, ID 83642-0000 4135w 1641 N INTERLACHEN WAY MERIDIAN, ID 83646-1002 4135w 3095 N MERLOT PL STAR, ID 83669-5447 4135w 4049 W THORN CREEK CT MERIDIAN, ID 83642-0000 4135w 3 O%iners Owner Address JONES GENE 1490 N JONES CREEK LN JONES TERRI A MERIDIAN, ID 83642-0000 Property Address: 4135w KILE MELINDA G 1592 N WINTERTREE AVE MERIDIAN, ID 83642-0000 Property Address: 4135w KILE MELINDA G 1598 N WINTERTREE WAY KILE LORRAINE H MERIDIAN, ID 83642-0000 Property Address: 4135w LANE CHARLES W 1556 W WINTERTREE AVE LANE MARIAN L MERIDIAN, ID 83642-0000 Property Address: 4135w LANE MARGARET L 1538 N WINTERTREE AVE MERIDIAN, ID 83642-0000 Property Address: 4135w LOKKER DONNA B REVOCABLE TRUST 4056 W BLUE CREEK DR MERIDIAN, ID 83642-0000 Property Address: 4135w LUSE GARY H 4115 W CHERRYTREE CT LUSE BETTY J MERIDIAN, ID 83642-0000 Property Address: 4135w MOOSE CREEK BUILDERS INC 925 N MAIN ST MERIDIAN, ID 83642-0000 Property Address: 4135w NEELY BERTA 4195 W QUAKER RIDGE DR MERIDIAN, ID 83646-1094 Property Address: 4135w POPEL LAURIE A 4151 W CHERRYTREE CT MERIDIAN, ID 83642-0000 Property Address: 4135w Owners Owner Address QUINOWSKI CALVIN 4178 W CHERRYTREE CT MAKJHORT OLGA MERIDIAN, ID 83642-0000 Property Address: 4135w RANGEL LIVING TRUST 271 CHERRY CT RANGEL GABRIEL JR TRUSTEE MORGAN HILL, CA 95037-0000 Property Address: 4135w SHANKS DONALD L & BARBARA A TRUST 4073 W THORN CREEK CT SHANKS BARBARA A TRUSTEE MERIDIAN, ID 83642-0000 Property Address: 4135w TEA BOON 4170 GLENWOOD TER KEE MING UNION CITY, CA 94587-0000 Property Address: 4135w TOMLINSON ROBERT L 4144 W BLUE CREEK DR TOMLINSON CATHY L MERIDIAN, ID 83642-0000 Property Address: 4135w VANZANT CHRISTINA A 4133 W CHERRYTREE CT MERIDIAN, ID 83642-0000 Property Address: 4135w WASHBURN SETH H 1498 N WINTERTREE AVE MERIDIAN, ID 83642-0000 Property Address: 4135w WILLIAMS MICHAEL E 4028 W THORN CREEK CT WILLIAMS DIANN A MERIDIAN, ID 83642-0000 Property Address: 4135w WILSON HAROLD E 4054 W THORN CREEK CT WILSON KATHRYN J MERIDIAN, ID 83642-0000 Property Address: 4135w WINFREY BRIAN F 1661 N INTERLACHEN WAY WINFREY SARA K MERIDIAN, ID 83646-1002 Property Address: 4135w 5 u - Owners Ovv ner Address WOOD TRACIE J 4061 W THORN CREEK CT MERIDIAN; ID 83642-0000 Property Address: 4135w 6