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-CITY CLERK FILE CHECKLIST Project Name: Grau Subdivision Contact Name: Kandi Hall Date Received from Planning and Zoning Department: PP 07-005 288-0573 January 26, 2007 March 15, 2007 February 5, 2007 ❑X Notice to newspaper with publish dates: 26-Feb-07 and 12-Mar-07 ❑ Certifieds to property owners: r14j U S 5,� Planning and Zoning Commission Recommendation: ❑Approve 0 Deny Notes: ��os n,,,, n .� r� ( _,f.� (7 (1 File No. Phone: Planning and Zoning Level: Hearing Date ❑X Transmittals to agencies and others: City Council Level: Hearing Date: ❑ Transmittals to agencies and others: ❑ Notice to newspaper with publish dates: and f - ❑ Certifieds to property owners: ��4 „ 3 ❑ City Council Action: ❑ Approve ❑ Deny ❑ Findings / Conclusions / Order received from attorney on: Findings / Conclusions / Order: R... M.n,: ❑ Approved by Council Original Res I Copy Cert'. Mlnut P* CopyRea,Ciry EtyE g r[ Ci"`lak ngineer Copies Disbursed: City Planner City Attorney SMIing CMxe Pralect File Findings Recorded Deputy Clerk Copy Res l Original Cart Ada County (CPAs) Development Agreement: APPlicant(non-CPAs) R,ca,d,d Ordin,nca. ❑ Sent for signatures: Original'. Min°lebook Copies W: City Clerk State Tax Comm Sfate Treasurer, Auditor, Assessor ❑ Signed by all parties: SMiing CMifws DI"A—Y Ciry Engineer ❑ Approved by Council: Ciry Planner Prgw(tfile Recorded: ❑ ApplWa�t d appl.) Deputy Cork Findirrg, / Orden: Original M,-t P* Copies Disbursed: ❑ Copies to. filant Propct fle City Engines Ci"Plenner Ordinance No. Resolution No. Deputy Clerk Approved by Council: "R...M Vecagen Finding, ^ Recorded De. p,,,t Ag17 ra,menh: OriginalF,--fFile Copies to'.Applicant ❑ Recorded: Deadline: 10 days E,g Ciry Enginn City es ❑ Published in newspaper: City Planner D � ❑ Copies Disbursed: Notes: V `^ +t CITY OFI�s �G'Y1�1CiYI�I TRANSMITTALS TO AGENCIES FOR COMMENTS ON j� DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN o insure that your comments and recommendations will be considered by rlt,5`'LFv,�r ,903 the Meridian Planning and Zoning Commission please submit your SINCE 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 - Water 2235 N.W. 8th Street 888-5242 / fax 884-1159 comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: March 8, 2007 Transmittal Date: February 5, 2007 File No Hearing Date: March 15, 2007 AZ 07-0031PP07-005 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 Office(FPiPP 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/PP only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline CITY FALL 33 EAST IDAHo AVENUE MERIDIAN, IDAHo 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper 15 Hearing Date March X 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 % 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 JV F .... FEES` 0 1 2007 City t)fl�lerti City Clerk Oi-ce lAnlaff �y Planning Department COMMISSION & COUNCIL REVIEW APPLICATION Type of Review Requested (check all that apply) Q"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 Preliminary Plat L?Rezone ❑ Time Extension (Commission or Council) ❑ UDC Text Amendment ❑ Vacation (Council) ❑ Variance ❑ Other Applicant Information Applicant name: Z561Phone: Qs� ` �S Applicant address: Zip: S5642. Applicant's interest yin property: ❑ Own ❑ Rent ❑ Optioned I POther Owner name: 1 �1f�y �rQ(,l� Phone: Owner address: Ll l 3 W- R n i 1 I ffLuolcU En Zip: '8?)1p i o_ Agent name (e.g., architect, engineer, developer, representative): Firm name: I k Phone:• Address:191 Zip: Primary contact �is:: ❑�Applic nt_❑ Owner NDAgent ❑ Other Contact name: E-mail: Subject Property Information q Location/street address: RY5 . LIQ . 4 Sl� &Xln Assessor's parcel number(s): J I d 1()61 1 a,410 Township, range, section: 7�T5 1 D Current land use: ' LO&a Total acreage: 1 Current zoning district: �- 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancitv.ora 1 2 or more Bedrooms: Proposed building height: 1 Average property size (s.£� ): �0 1c 4 Gross density (DU/acre-total land): _ Net density (DU/acre-excluding roads & alleys): Percentage of open space provided: 5 Acreage of open space: . Zgs 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):('�Ld1rL. Type of dwelling(s) proposed: °7 Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) Number of building lots: 0 Other lots: Gross floor area proposed: Desc Project/subdivision name: General description of proposed project/request: JLQ/1 ] D Yl (6 `y uJ XZ'_cal Q, e Proposed zoning district(s): rR -$ t L_D Acres of each zone proposed: t Type of use proposed (check all that apply): 'P Residential X) Commercial ❑ Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable): E Who will own & maintain the pressurized irrigation system in this eve opment? NO_�mW tU m 'In 'L(L u�, Which irrigation district doesthisproperty lie 1within? —_1 J(U npQ�mQ�L1 Primary irrigation source: 59,7�Cc4 LO 1 ter Cd Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is city water):_ Residential Project Summar, Number of residential units: Number of common and/or other lots: Number of building lots: 3 Proposed number of dwelling units (for multi -family developments only): 1 Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.0. '_Let Existing (if applicable): Hours of operation (days and hours):_ W*4_tAjJm 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): Total number of parking spaces provided: Authorization Print applicant name: Applicant signature:' Phone: Seating capacity: Number of compact spaces provided: `bA Date: 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 Planning Department ADMINISTRATIVE REVIEW APPLICATION Type of Review Requested (check all that apply) ccessory Use Alternative Compliance ❑ Certificate of Zoning Compliance ❑ Conditional Use Permit Minor Modification ❑ Design Review LIJ rivate Street ❑ Property Boundary Adjustment ❑ Short Plat ❑ Temporary Use Certificate of Zoning Compliance ❑ Time Extension (Director) ❑ Vacation ❑ Other Applicant Information Applicant name: Je c (LO V1 _ IA- Phone: _ Z M - b S_7 Applicant address: z` p S, F o -1 Zip: c e-2 Applicant's interest in property: ❑ Own ❑ Rent ❑ Optioned �`l Other �_A,AJA o r df Owner name: + (� to Phone: Owner address: Zip: Agent name (e.g., architect, engineer, developer, representative): Jt l ) Firm name: Address: U 0 Primary contact is: ❑ Applicant ❑ Owner Agent ❑ Other Contact name: E-mail: Subject Property Information Location/streetaddress: 14] 1 J Assessor's parcel number(s): Township, range, section: 'i''lj j` � � � e Current land use: s , Total acreage: Phone: Zip: Phone: b Fax: Current zoning district: F_ 660E Watertower Lane Site 202 • Meridian, Idaho 83642 Phone: (208) 884 »33 Facsimile (208) 888-6854 Website: N-m meridiancity.org 1 ;` (Rev 9/211 ect Project/subdivision name: _ Q� 1-Q-AA- L l 41V t itn General description of proposed project/request: ,1iQn 0 rl �v u� wOno, j� e Proposed zoning district(s): !R -$ T LD Acres of each zone proposed: t Type of use proposed (check all that apply): V Residential X) Commercial ❑ Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable): E, Who will own & maintain the pressurized irrigation system in this eve opment? NO,_kM14 � I �Pm 1 n , &rvA, Which irrigation district does this property lie within?"' jo'nV o, es Primary irrigation source: 9:' CcA OL,- r r^L { Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): I Residential Project Number of residential units: Number of building lots: 3 Number of common and/or other lots: 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). LP t 2ZO 2 or more Bedrooms: 3 Proposed building height: Average property size (s.f.): to I°co Gross density (DU/acre-total land): A' Net density (DU/acre-excluding roads & alleys): Percentage of open space provided: 5 Acreage of open space: . 2S 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: I Other lots: Gross floor area proposed: Existing (if applicable): Hours of operation (days and hours): UJOKnaj� NJ 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: Authorization Print applicant name: Applicant signature: ` Phone: Number of compact spaces provided: 11(� Date: 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 (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 1 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 -�W. CHERR ;y T . D pluwuuoau3 buwYu6u3 ltmZ (00A., ��, ,ITN II, ctgo(mz) Owe a swunstjo:) Aeluels . ..... ..... ..... . ........ . Av Id AdVN1YY1131:1d NOISIAlciens nvi:io c) h a-p 9 0 T.1,g -a , " e A I. PON: i: wq Eli$ f ff t U .7 XHAO �t Ft JAB IN . . ...... . ......... u6'W uOwn 4NOld w"pt q W�Pui END NOI NG sxooma NOISIAIMIS flVZID Nnd HdV3SUWn !i s s 0~ Icy i P Ip Gp p§ cl� U eeg it ,i 9a o i a6 i "Fill � �•Y � J 1 0100 �z z I�d DESCRIPTION FOR GRAU SUBDIVISION JANUARY 15, 2007 A PORTION OF THE NE 114 OF THE NW 1/4 OF SECTION 10, TOWNSHIP 3 RANGE 1 WEST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHNO, NORTH, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 10, T.3 N., R.1 W., B.M., THENCE S 89044'11" 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��, tERIDIAN PUBLIC ,hrGPKS DEPT. 19644-SUB.doc 0.1 1* i REVISIONS 4 3 S 89"44'11 " E 2 19 195.88' 9 10 W. CHERRY LANE -'o S 89*44'11" E 125-23' 95..23' 301001 ;i6�AL1U) C) p Up, Lf • KS DE L6 ZONE Z 0 001 2 1w UNPLATTED m 0 320 ACRES 10' C)i IN iv co S s 89*27'32" W rn 97.65' 3 gz oc/f P4 0 C'4,) C) z ZONE ?9 0.683 ACRES PRE \Ao 130.'981 N 88.52'03" wvl'� REZONE EXHIBIT FOR GRAU SUBDIVISION IN SECTION 10, T-3 N.., R.1 W, B,M.. MERIDIAN, ADA COUNTY, IDAHO MEM - - .DATE. 1/1 5/07 SCALE: NTS Stanley C6nsultants INC, 1940 S BONITO WAY SUITE 140 MERIDIAN, IDAHO 83642 208-288-0573 506 NO. 19644 01/24/2007 13:24 FAX 2082880574 STANLEY CONSULTANTS Z 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 89044'11" 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 O BEGINNING OF THIS DESCRIPTION; i THENCE S 89044'11" E 95.23 FEET ALONG THE SOUTH RI HT OF WAY OF CHERRY LANE TO A POINT, - THENCE S 00°32'28" E 143.64 FEET TO A POINT; THENCE S 89027'32" W 97.65 FEET TO A POINT; THENCE N 00"25'12" E 145.00 FEET TO THE REAL. POINT 6F BEGINNING OF THIS DESCRIPTION; THIS PARCEL CONTAINS 0.32 ACRES, MORE OR LESS, AND IS SUBJECT TO ALL EXISTING EASEMENTS AND RIGHTS OF WAY. I MICHAEL E. MARKS P.L.S. NO. 4998 apoosvw- aF'�. -PLE. gv KE �VAL -N (n-'a a .RIDIAN PUBLIC VORKS DEPT 19644-ZONP- LO.doc 01/24/2007 13:25 FAX 2082880574 STANLEY CONSULTANTS Z006 4 3 S 89*44'11" E 2195.88' 9 10 M z a REVISIONS Q S nn�ll/11. 1/r11 W.. CHERRY LANE NIO NICR S 89'44'11" E 125.23' 95.23' � 30.00 pualo �w 6 ZON, L O c s (A UNPLATTED Cal 2 I `'' I o 0.320 ACRES � N m ti S 89'27'32" W M R�w1r _ 97.65' 3 I a0 Bz NNOPS I N I, Go Svgp\�`S��N N I rn • 4 PEE CIO � /1/ . z �OE R4 0.683 ACRES r �J 5 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 I)ATF- 1 /1A,/07 SCALE: NTS II� IN. a I� �oE GREE1� 0' S PARKS Ezo 1 \ J\5`pN No• 505) Stanley Consultants w, 1940 S. BONITO WAY suf i40 MERIDIAN, IDAHO 83642 208-288-0573 NO -19644 JOB . 19644 01/24/2007 13:25 FAX 2082880574 STANLEY CONSULTANTS [A 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 89-44'11" E 2195.88 FEET ALONG THE NORTH LINE OF SAID SECTION 10 TO A POINT; THENCE S 00025'12" W 189.80 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE N 89"27'32" 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 88"52'03" W 130.98 FEET TO A POINT, - THENCE N 00"25'12" 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 REVIE p VAL BY JAN OUBUC 19644-ZONE Rg.doc 01/24/2007 13:24 FAX 2082880574 STANTEY CONSTTLT 0 003 In 0 w z d w w W z 9E Ono I^ J LA Q REVISIONS J C Lq � DRAWN: MEM 3 S 89'44'11" E 2195, 88' 10 R'O(Dog W. CHERRY LADE �� 0 'n _ o fir' S 8944'11" E 125.23' T- 95.23 30 00 I I II I N OCA Q W N �; ZO , L O m Ll 2ool rn 0.320 ACRESoi S 89'27'32" W m 97.65' 3 { i BL OCl1' I WI I., .......... ^ f 00 PEE Svg�\v\ c zI 4 ZOMF f?8 0.683 ACRES M 130.98, N 88'52'03" REZONE EXHIBIT FOR rGRAU SUBDIVISION IN SECTION 10, T.3 N., R.1 W., B.M. MERIDIAN, ADA COUNTY, IDAHO DATE: 1 / 15/07 SCALE: NTS R:v NAB BY ORKS b0I UNPLATTED Stanley Consultaniks ,Nt 1940 S. BONITO WAY SUITE 140 MERIDIAN, IDAHO 83642 208-288-0573 �JOB. 19644 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 1 POINT: s 89-44-11 E 30.000 1 10000.000 _ _______ -- - 10000.000 2 S 0-32-28 E 342.000 2 3 9999.862 9657.877 10030.000 10033.230 3 4 N N 88-52-03 0-25-12 w E 130,980 194.980 4 5 9660.466 9902.275 5 6 N 89-27-32 E 97.650• 6 9855.441 9856.363 9903.704 10001.350 CLOSING POINT: N 0-32-28 w 143.640 7 9999.997 9999.993 N 62-05-01 E 0.007 7 CLOSING 10000.000 LINE 10000.000 939.250 DISTANCE TRAVERSED AREA: 29759.11 square lFee09.1240.6832SAccr�es Page 1 01/24/2007 13:24 FAX 2082880574 STANLEY CONSULTANTS � Q004 MAPCHECK =_� S.TXT Wednesday January 17, 2007 3:15 PM ------------------------ FROM -------- ----------------- ------------------ BEARING DISTANCE TO NORTHING ____ FASTING STARTING 1 POINT. S 89-44-11 E 95.230 --------------------- 00 1999956� 2 3 s 0-32-28 E 143.640 2 3 9855:928 10095.229 10096.586 4 S N 89-27-32 w 0-25-12 E 97.650 145.000 4 9855006 9998.940 CLOSING POINT: 5 10000:002 10000.003 5 52-11-11 w 0.004 5 CLOSING 10000.000 LINE 10000.000 481.520 DISTANCE TRAVERSED AREA: 13917.07 PRECISION S Square q 0.3195 Acres Page 1 EXHIBIT "Alf PARCEL T That portion of the Northeast North, Range 1 West of the Boisuarter of the U'Ituntst g quarter of Section 10 Y, Idaho , TO�shfp Beginning, described as follows: .AC the Northwest corner of said section ip. South 89*151291, East 1F,a5•.89 Section IO feet along the North boundary the Northwest Phown of record to be East 1986 feet; thence y South 000400321, West quarter of thence 99.90 feet to a point on the South i South 89°16'. " right of way line of Cherry Lai REAL P „ 09 East 209.94 feet orlon th9 South right CINi OF SEGINNINal thence g of WAY line of Cherr conkinu�ng South 89-16'09" West 125.00 Y Lane to t} South 0 90442 p East 342.00 feet aloe North 080 feet, thence g said South right of wny line, then., 23 55" West 130.9g feat, North 00053'2011 West 339thence .97 feet to a said point befit the point on g RE the South right of way line of Cherry La EXCEPT ditch and road rights of way, PARCEL Ii That portion of the Northeast quarter Of,the,Northwaat North, Range 1 West of the HOise Meridian, Ada Count quarter of section 10, Township Beginning at the Northwest oo y• Idaho, Of as follows: South 89015'29it Ea9t 1985.89 feet of said Section 10 section 10 % thence shown of record to be g the North boundary of the Northwest South'00o40'3Z" West 44.a0 feet toEast 1986 feet quarter of this point be a paint on t f thence South p a 1 ing the REAL, POINT OF SEGI he South right of wit 0 90 32n West 624.69 feet OF thence ING; thenc® continuing y line of Cherry Lant 3outh.e9o56'30.' Beat 343.06 . h 00004,200 west feet, thQnos Nort North 88023'S5" 278.72 feet, thence North 000 , Weet 130,98 feet; thence 53 20" West 339.97 thence feet to a point On the South North 89016,09" West 209. right or way line of BEOTNNLN(�, 94 feet along said right of way 14 Cherry t.ar F ne to the REAL POINT OF EXCEPT ditch and road rights of way. STATE OF IDAHO ) ) ss AFFIDAVIT OF LEGAL INTEREST COUN OF ADA ) IZJ � �V /yJ (name) , - (address) being first duly sworn upon���j oath, depose and say: (city) (state) 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: 2 "cW 1 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 appl' ation: Dated this 1day of (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. Tqtl��'•. ,off •BAN••• I I307•,q� BLIC .� •': OF. I D P"X �.•. Notary Public for Iclpho Residing at: My Commission Expires: 5 j �.f PRE -APPLICATION MEETING NOTES DATE: Applicants): (� 11 , r Con u Engineer/Arclutect/Planne r: Staff: ��, L A- l� Proposed Development: A. Praco r, Location: i Required Applications: V1 �1�, r r Existing Zoning: ,,- t a IV Proposed Comprehensive Plan Designation: 4 4 For Plats Property Size: ks Number of Units: Sewer: Water: Pressurized Irrigation: Street Buffers: Ab A Open Space & Micropaths: Landscape Plan: Lot Size & Frontage: Topography: Hydrology: Street System: Pathway System r her lications Annexation Rezone 0 Conditional Use Permit ❑ Variance Lot Line Adjustment Comprehensive Plan Amendment Application Checklist Review Other Agencies to Additional Pre -application Conference: Not recommended Anticipated Submission Date: Anticipated Planning & Zoning Date: �_ Dwelling Type: kb Recommended w� Required .J The "formation prnz 10 during this MVZT is based upon Lbe cune72t Q M Sir&�iusion O, dunce arrd livable Co �Y °f endian Zonis � app Vm ensile Plan and is wlid or 3: nj! elia7 s to the ZGMrzg or SulxL&ion Ordiniirrce or f 1�s �`I subs errs Cori ri�lxmsiie Plan nay afft,YOW appliratzon DEC 12,2005 07 0 :19 Bill Grau/Trends 2088877700 DEC 12,2005 07:19 Bill Grau/Trends 2088877700 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. signature _llt/ 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 "GRAU 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. y 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://VAfVW.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 Kandistanleygroupcom) 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 "Gran 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 �4 ,4k. 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 48.00 16 BOISE IDAHO 06/02/05 04,21 PM DEPUTY Bonnie Oberbillig II I II II IIIIII IIIIII I III IIIIIII II II III RECORDED —REQUEST OF First American 105071170 �^ 2' [Space Above This Line For Recording Data] 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 with all Riders to this document. , together (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 and existing under the laws of CALIFORNIA organized 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 27, 2005 The Note states that Borrower owes Lender ONE HUNDRED SEVENTY—NINE THOUSAND AND 00/100 Dollars (U.S. $179, 000. 00 plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than JUNE 1, 2035 IDAHO--Single Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT -MERS Form 3013 1l01 DxMagic�rzyq aao sag-t3sz Page 1 of 14 www.docmagic.com I0013.mzd.I.,— 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 () [specify] P El ❑ 1-4 Family Rider ❑ Biweekly Payment Rider (J) "Applicable Law" means all controlling applicable federal, state 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 instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale transfers, 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 (]v) 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 (]]) 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: (]) 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] --L--Single Family -.Fannie Mae/Freddie Mac UNIFORM INSTRUMENT -MERS Form 3013 1/01 /IlagiCQ Page 2 of 14 s W 800-649-1362 www. docmagic. com W013.=d.2.1 m 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 l�,�Yl ("Property Address"): [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 "Propertyity . " Borrower understands and agrees that MERS holds only legal tide to the interests granted by Borrower in this Secur 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: L Payment ofPrincipal, 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 Form 3013 1 %01- "r r 1F`10 maeirreddie Mac UNIFORM INSTRUMENT - MERS Page 3 of 14 tbaMaJ�cb��os>st B00649-136? www.docmagic.ccm 10013.mA.3.1. 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 c 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 accountder to make erifying , or v the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Len such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid the Funds, -Single Family --Fannie Mae/Fr Form 3013 7/01 eddie Mac UNIFORM INSTRUMENT - MERS Form Page 4 of 14 DoduF9 600-649-1362 www.doc-agic.com 100I3.mzd.Clem 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, P7orm 3 -Single Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Form 013 1/01 Page 5 of 14 A"M��- B00649-1361 www.docmagic.com W3011.d.S.,. 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. IoSingle Family. -Fannie Mae/Fr Formrm 30 3013 1 /01 eddie Mac UNIFORM INSTRUMENT - MERS Page 6 of 14 DO 9�e-rts9 e00-649•1362 www. docmagic.com Id3011mzd.6.lem 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 attomeys' 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 Iocks, 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 tosses. 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 IDAH0.-Single Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Form 3013 1101 Page 7 of 14 800-648-1361 w ww. docmagic. com 10013—A-7.1em 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 an age Insurance under the Homeowners Protection Act of 1998 or any other law. TheseVith rightsspect may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance term inated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. IL 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 Form 3 13 -1e Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT • MERS Form 3013 1/01 Page 8 of 14���= 800649-1362 w w w. docmagic. Coln 10013.mzd.8.lem 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 ees, the this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. r's ment, 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrowe default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instru including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other f 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 of 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 If a refund redreducing the principal owed under the Note or by making a direct payment to Borrower. 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. —m-1-Single Family --Fannie Ma- Freddie Mac UNIFORM INSTRUMENT - MERS M,,e� Form 3t)13 1/01--.CAfagL r 600-649-1362 Page 9 of 14 '"Fwww.dacmagic.com 10013.m.d.e_t 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; Severabilitv; 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 be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in 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 IDAHO gle Family —Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Form 3013101 Page 10 of 14����� BOO 649-7361 www.docmagic. com MOD. Wad.l0.tem 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 Form 3 -13 1/ Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Form 3013 1/07 A,,.,��,,�.� Page 11 of 14 Dodw-9A 0 � 600-649-1362 www.docrnagic.com Id3013.mzd.11.t_ 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 WILLIAM R. GRAU (Sea]) -Borrower (Seal) -Borrower (Seal) Borrower Witness: Witness: (Seal) Borrower (Seal) -Borrower (Seal) -Borrower Form 3 -Single Family —Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Form 3013 1 /01 Page 13 of 14 �"""�✓� 800649•f362 ww W. docmagic. com 10013.=d.13.1. State of Idaho County of Add ) ss. On this 27th day of May in the ear of Diane Cobbs Amen y 2U05 before me, WILLIAM R. GRAU a Notary Public, personally appeared proved to me cYi��asXOi,��ldj�(��to be the person(s) whose name(s) isg subscribed to the within instrument, and acknowledged to me that he/stX/,VO executed the same. -Z-- "' "ac, ladno My commission expires on: 1/26/2011 FoSingle Family —Fannie Maed reddie Mac UNIFORM INSTRUMENT - MERS Formrm 30 3013 1/Ol Page 14 of 14 vn DocMagicx--X q 600-649-1362 w w w. docmagic. com U301I.M.14.,e 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 00°04'20" 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. ..e Loan Number: 4 318 4 9 7 Date: MAY 27, 2005 Property Address: 4135 WEST CHERRY LANE, MERIDIAN, IDAHO 83642 EXHIBIT "A" LEGAL DESCRIPTION A.P.N. # : S1210212465 ��� 800-849-1382 www.docmagic.com Form No. 1056.92 (10/17/92) Policy No.: 4101-593032-A ALTA Loan Policy Form 1 Page 1 Policy of Title: Insurance `G 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 By, !� President Attest. , Secretary ELECTRONIC ORIGINAL Countersigned FirstAmerican Title ofldaho (4 j © 2000 The First American Corporation. All Rights Reserved a / E Form No. 1056.92 (10/17/92) ALTA Loan Policy Form 1 Date of Policy: Loan No. SCHEDULE A June 02, 2005 at 4:21 p.m. 4318497 Policy No.: 4101-593032 Page 2 of 12 Policy No.: 4101-593032-A Amount of Insurance: $179,000.00 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 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: F%istAmer%Can Tit/e Form No. 1056.92 (10/17/92) ALTA Loan Policy Form 1 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 89016'09" East 209.94 feet along the South right-of-way line of Cherry Lane to the REAL POINT OF BEGINNING; thence continuing South 89116'09" 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 00153'20" 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 3 of 12 FfrstAM&Man Tit/e Form No. 1056,92 (10/17/92) ALTA Loan Policy Form 1 SCHEDULE B EXCEPTIONS FROM COVERAGE PART ONE Policy No.: 4101-593032 Page 4 of 12 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• il the fourt General and Special Taxes for the year 2005, an accruing lien not due or payable unth Monday in November 2005 when the bills are issued, the first half of which is not deli after December 20, 2005. nquent until 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. FirstAmencan Tit/e 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 FbstknelXan Tit/e Form No. 1056.92 (10/17/92) ALTA Loan Policy Form 1 Policy No.: 4101-593032 Page 6 of 12 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 climat; attaching or (d) that this tPolicy insures the ed gpriority of the enuent to Date Of oo heeinsu red mortgagxcet to the ee t 1. DEFINITION OF TERMS. The following terms when used in this poli mean: (a) "insured": the insured named in Schedule The term "insured" also includes: the Insured the owner of mortgageh and indebtedness ea h successord i ownership of the indebtedness except a successo who is an obligor under the provisions of Section 12(c) of these Conditions and Stipulation any succes successor thattheCompany wouldhts and nses as have had against any predecessor insured, unless th for aluesuccessorwithout knowledge of uired the indebtedness a 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); instru(me talitgy which e saanginsurer or governmental 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. not constructi"knowleve knowledge or notice uwh which may al be imputed to an insured by reason of the public records as defined in this polity 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 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 4. Unenfor eability of the lien of theaid value n insured insuredr the Mortgage. ab cause 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 5. doing liidity or unenforcceabss laws of lityyate in of the Then of the ich the insuredsituated. 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 o 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 cy Schedule A, nor any right, title, interest, estate or easemA. alleys,ent in lanes, ways or waterways adbutanothng herein shall modify or limit the extent to which a y right of access to and from the land is insured by n this policy. r (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. s (f) "public records": records established under o state statutes at Date of Policy for the purpose of d imparting constructive notice of matters relating to e real property to purchasers for value and without of law and not by purchase, subject to any rights or defenses the Company may have against any predecessor insure ds; and (iii) any governmental agency or governmental instrumentality which acquires all or any part of the estate or interest insuringtor guaranteeing the to a contract of indebtednesssurance or gsecu ed by the insured mortgage. of this policy shall After rcontnue in oance of tce as of Date le- The 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. insurance Amount after the acquisition cquisition or afterntof the eed the least of: (i) conveyance amount of nsurancenstated in Schedule indebted- ness secured by the insured e amount of the rmorttgageincipal of tas of Dathe e of Policy, interest thereon, expenses of foreclosure , amounts advanced pursuant to the insured mortgage to assure compliance with laws or to trior to hetect the t me of acquisition en of the insured of the estate mortgage interest in he land and secured thereby and reasonable amounts expended to prevent deterioration of mprovements, but reduced by the amount of all payments made; or FirstAmerican Title Form No. 1056.92 (10/17/92) ALTA Loan Policy Form 1 Policy No.: 4101-593032 Page 7 of 12 (iii) The amount paid by any governmental (i) in any action or proceeding, securing evidence, (ii) to purchase the indebtedness secured by agency or instrumentality is the insured or governmental instrumentality, if the obtaining witnesses, prosecuting or defending the the insured mortgage for the amount yyowing thereon te agency cquisition of insuran contracestate or nite estt in (i )i in anyor potherldawful act whichor inheeopinion of exand penses es recurred byct es insuttednclaimantswand hich satisfaction of its insurance contract or gto uaranty. the Company may be necessary or desirable to were authorized by the Company up to the time of 3. NOTICE OF CLAIM TO BE GIVEN BY establish the title to the estate or interest or the INSURED CLAIMANT. lien of the insured mortgage, as insured. If the purchase and which the Company The insured shall notify the Company pay p y is obligated to writing (i) in case , any litigationaPas set forth in oofuprni h itherrequired ccoudiced operationthe feof the insured the Company's indebtedness as If the herein offers to provided, the owner of the Section 4 n insured below ( hereunder of knowledge shall obligations to the insured under the policy shall indebtedness shall transfer, assign, andr onvey the come to t ichiadverse toof any claim of title terminate, including any liability or obligation to indebtedness and the insured mortgage, together or interest which l adverse to the title to the estate defend, prosecute, or continue any litigation, with with any collateral security, to the Company upon or interest or the lien of the insured mortgage, as insured, and which might cause loss or damage for cregard to the matter or matters requiring such payment therefor. which the Company may be liable by virtue of this PROOF OF LOSS OR DAMAGE. Upon the exercise by the Company of either of policy, or (iii) if title to the estate or interest or the In addition to and after the notices required theliab liability provided obligations for itoparagraphs nsauridor er this en of the insured mortgage, as insured, is rejected under Section 3 of these Conditions andall as unmarketable. If prompt notice shall not be Stipulations have been provided the Company, a thoo a other than to make the payment required in given to the Company, then as to the insured all proof of loss or damage signed and sworn to by the liability or obligation to defend, liability of the Company shall terminate with regard insured claimant shall be furnished to the Company continues any ligati n and thee prosecuteincluding any re the matter id matters for which prompt notice is within 90 days after the insured claimant shall surrendered to the Company for cancellation. policy all or required; provided, however, that failure to notify ascertain the facts giving rise to the loss orpolicy shall be the Company shall in no case prejudice the rights of damage. The proof of loss or damage shall describe Than the Insured or With the Insured Claimant. any insured under this policy unless the Company the defect in, or lien to encumbrance a the title (b) he Pay re Otherwise Settle With Parties Other shall be prejudiced by the failure and then only to or other matter insured a ainst by this policy which for or in the name of an insured claimant any claim the extent of the prejudice. g (i) to pay or otherwise settle with other parties constitutes the basis of loss or damage and shall insured against under this policy, together with any 4. DEFENSE AND PROSECUTION OF state, to the extent ACTIONS; DUTY OF INSURED CLAIMANT possible, the basis of costs, attorneys' fees and expenses incurred by the TO calculating the amount of the loss or damage. If insured claimant which were authorized by the COOPERATE. the Company is prejudiced by the failure of the Company up to the time of payment and which the (a) Upon written request by the insured and insured claimant to provide the required proof of Company is obligated to pay; or (ii) to pay or other - these Conditions the options contained h Section 6 of at loss or damage, the Company's obligations to the wise settle with the insured claimant the loss or its own osand wi without unreason bleCdelaynshall any liability or obliinsured under the gation toall te defend nprosecute, including or damage hany costs, attomeys' fees and ex en provide for the defense of an insured in litigation in continue any litigation, with regard to the matter or incurred byyithe insured ed eclaimantoli which together which any third party asserts a claim adverse to the matters requiring such proof of loss or damage. authorized by the Company up to the time expenses title or interest as insured but only as to those In addition, the insured claimant may reasonably gated to stated causes of action alleging a defect, lien or be required to submit to examination under oath bpayment and which the Company encumbrance or other matter insured against by any authorized representative of the Company and Upon the exercise by the Company oflreither of Y pay. this polity. The Company shall have the right to shall produce for examination, inspection and the options provided for in paragraphs b(i) or (ii), the insured select counsel of its choice (subject to the right of copying, at such reasonable times and places as the Company's obligations to the insured under this er than represent hetnsurred for those statled causes of ento tati a ofbe sitheted Company,yall authorized records, books, the paymethe nts required to bor e made shall action and shall not be liable for and will not pay ledgers, checks, correspondence and memoranda, including dingy any claimed I or obligation t thdefend,' the fees of any other counsel. The Company will whether bearing a date before or after Date of terminate not pay any fees, costs or expenses incurred by the Policy, which reasonablyprosecute or continue any litigation. insured in the defense of those causes of action damage. Further, if requested by any authorized LIABILITY. pertain to the loss or 7. DETERMINATION AND EXTENT OF which allege matters not insured against by this representative of the Company, the insured This policy is a contract of indemnity against policy. claimant shall grant its permission, in writing, for actual monetary loss or damage sustained or (b) The Company shall have the right, at its own any authorized representative of the Company to incurred by the insured claimant who has suffered cost, to institute and prosecute any action or examine, inspect and coy all records, books, loss or damage by reason of matters insured proceeding or to do any other act which in its ledgers, checks, correspondence and memoranda in against by this policy and only to the extent herein opinion may be necessary or desirable to establish the custody or control of a third the title to the estate or interest or the lien of the reasonablyParty, which described. insured mortgage, as insured, or to prevent or information designated as confidential by the shall not exceed the least of: pertain to the loss or damage. All (a) The liability of the Company under this policy reduce loss or damage to the insured. The insured claimant provided to the Company Company may take any appropriate action under to this Section shall not be disclosd ou others Schedule A, or, if applicable, the amount of the terms of this policy, whether or not it shall be unless, in the reasonable () the amount of insurance stated in liable hereunder, and shall not hereby concede Company, it is necessary judgment of the insurance as defined in Section 2(c) of these liability or waive any provision of this policy If the the claim. Failure of the insured claimanttosubmit Conditions and Stipulations; para�Company shall exercise its rights under this for examination under oath, produce other indebtedness secured by the insured mortgage as raph, it shall do so diligently. (ii) the amount of unpaid principal (c Whenever the Company shall have brought reasonably requested information or grant limited or an action or interposed a defense as required or information from third parties as required in this Section 9 of Pthe Stipulations Condrovided os or der loredu anon under Permission to secure reasonably necessary Conditions and Stipulations or as reduced under permitted by the provisions of this policy, the paragraph, unless prohibited by law or the time the loss or dams a insured against by this Company may pursue any litigation to final governmental regulation, shall terminate an determination by a court of competent jurisdiction liability of the Company under this policy as to that g and expressly reserves the right, in its sole claim. y Policy occurs, together with interest thereon; or discretion, to appeal from any adverse judgment or 6. OPTIONS TO PAY OR OTHERWISE SETTLE in theiiesu insured interest between state t as in insue value red t f the the order. insured estate or interest as insured and the value (d) In all cases where this policy In case CLAIMS; TERMa claim INATION red LIABILITY. defect, lien or encumbrance insured against by this requires the Company to prosecute or provide ifor Company shall have the following options: the defense of any action or Policy, the policy. proceeding, the (a) To Pay or Tender Payment of the Amount of estate In the event Chet ins manneras acquire d the insured shall secure to the Company the right to so Insurance or to Purchase the Indebtedness. prosecute or provide defense in the action or Section 2(a) of these Conditions and Stipulations or proceeding, and all appeals therein, and permit the of insurance under this policy together with any Company shall continue as set forth in Section 7(a) Company to use, at its option, the name of the costs, attorneys' fees or and expenses tincuof rlredaby the of these Conditions mount has conveyed the title, then the liability of the the insured for his the purpose. Whenever requested by Companyt claimant, which time of a authorized by or a attorneys' expense, shall give the Company all reasonable aid sand Stipulations. (c) The Company will pay only those costs, payment and which the Company is obligated to with Section ees and 4 of these Conditions enses rand iStpulationsce pay; or FilstAmerican Tit/e 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 Properly is not more than 40 acres in area or the Property is located within an incorporated city or village. Form 3 -Single Family —Fannie M Form ae/Freddie Mac UNIFORM INSTRUMENT - mi. RS 013 1/Ot Page 12 of 14 �ocMa9icI 800-6e9-1362 ww w. docmagic, com M3013.mzd.12Aem Form No. 1056.92 (10/17/92) ALTA Loan Policy Form 1 Policy No.: 4101-593032 8. LIMITATION OF LIABILITY. Page 8 of 12 (a) If the Compan est bl' the Company may pay under any poll insuring a removes the alleged defect, lien or encumbrance, or or to which the insured has agreed, assumed or an obligor (except an obligor described in Section a is es the title, or mortgage to which exception is taken in Schedule B avoided by acquisition of the insured mortgage by n' 9 The Company's right of subrogation shall not be cures the lack h a right of access to or from the taken subject, or which is hereafter executed by an 1(a)(ii) of these Conditions and Stipulations) who land, or cures the claim of unmarketability of title, insured and which is a charge or lien on the estate acquires the insured mortgage S a result of an mortgage, all as or otherwise insured, in lien of the reasonably diligent and he amountor interest sopad shall be deemed aor referred to in hpaymen bond and the obligor will manner by any method, including litigation and the under this policy, indemnity,guarantee, other policy of insurance, or completion of any appeals therefrom, it shall have 11. PAYMENT OF LOSS. this Policy, g not be an insured under fully performed its obligations with respect to that P cy, notwithstanding Section 1(a)(i) of these matter and shall not be liable for any loss or this policy for endorsement of the payment unless Conditions and applicable law, either the (a) No payment shall be made without producing 13. ARBITRATION. damage caused thereby. the policy has been lost or destroyed, in which case Company or the insured may demand arbitration (b) In the event of any litigation, including proof of loss or destruction shall be furnished to the litigation by the Company or with the Company's satisfaction of the Company. consent, the Company shall have no liability for loss pursuant to the Title Insurance Arbitration Rules of or damage until there has been a final damage has been definitely fixed in accordance mate conthe troversy Arbitration Association. Arbitrable determinatand the ion by a court of competent jurisdiction, wth)t these Colndb'ions and Stipulaity and the tions, the Iooss or assured arising or 'out of but are not limited to, any and disposition a all appeals therefrom, adverse to damage shall be payable within 30 days thereafter. service oheclut of t relating tco conhe nection Company its the title or to the lien of the insured mortgage, as 12. SUBROGATION UPON PAYMENT OR or relating to this policy, any insured. issuance or the breach of a Policy (c) The Company shall not be liable for loss or SETTLEMENT. obligation. All arbitrable maerwhen the Amount damage to any insured for liability voluntarily Whenever the Company shall have settled and arbitrated at the option of either the Company or (a The Company's Right of Subrogation. of Insurance is $1,000,000 or less shall be assumed by the insured in settling any claim or suit paid a claim under this policy, all right of the insured. All arbitrable matters when the without the prior written consent of the Company. (d) The Company shall not be liable for: subrogact of the ation shall vest in the Company unaffected Amount of Insurance is in excess of $1,000, the oth the (i) any indebtedness created 00 subsequent to byThe ompany�shall bnsured easubrogated to and be Company and the insured. Arbitration pursuant to Date of Policy except for advances made to protect entitled to all rights and remedies which the insured this lPolicyl be rand under he Rules agreedbitrated only when n effect on the date the lien of the insured mortgage and secured claimant would have had against an thereby and reasonable amounts expended to property in respect to the claim had this policy not of the nsurd,eron or the demandrthe IRules in effect atrDat the tion ate of op prevent deterioration of improvements; or been issued. If requested by the Company, the shall be binding upon the parties. The award may 00 construction loan advances made insured claimant shall transfer to the Company all include attorneys' fees only if the laws of the state subsequent to Date of Policy, except construction rights and remedies against any person or property is located permit a court to award loan advances made subsequent to Date of Policy necessary in order to for the purpose n financing in whole or in part the subrogation. The insured claimant shall permit t a upon ht etawahe rddrendere by the Arbitrator(s) may perfect this right of attorneys' fees re a rendered by construction of an improvement to the land which Company to sue, compromise or settle in the name be entered in any court havingjurisdiction PartY Judgment m Date of Policy were secured by the insured of the insured claimant and to use the name of the The laws of the situs of the land shall apply to mortgage and which the insured was and continued insured claimant in any transaction or litigation an arbitration under the TitleInsuranceArbitration to be obligated to advance at and after Date of involving these rights or remedies. Policy, Rules. 9. REDUCTION OF INSURANCE; REDUCTION cover the loss of the insured claimant the Company Company upon request. I a payment on account of a claim does not fully A copy of the Rules may be obtained from the OR TERMINATION OF LIABILITY, shall su sublaima t to all rights and remedies 11 14. LIABILITY LIMITED TO THIS POLICY; (a) All payments under this policy, except the insured claimant after the insured claimant shall POLICY ENTIRE CONTRACT, payments made for costs, attorneys' fees and have recovered its principal, interest and costs of a expenses, shall reduce the amount of the insurance collection. pro tanto. However, an ()This policy together with all endorsements, e the acquisition ti the to he estate or interest as NotwFthstandingdthe fforego nghts ath oiwnte� of the Policy andrior to any, hIn tract bet n ed hereto by hea the i ny ie the entire provided in Section 2(ai of these Conditions and indebtedness secured by an insured owner Company. and contract between the insured and the Stipulations shall not reduce pro tanto the amountmortgage,policy, this policy shall be construed as a whole. this of the insurance afforded under this policy except to mortgage the enforceability is not affected, may basd Any claim Of on negligence and which arises out of the the extent that the payments reduce the amount of release or substitute the persoof the nal liability en of the insured any status of he lien ofltiie insured d mortgagewhether or not the indebtedness secured by the insured mortgage. debtor or guarantor, or extend or otherwise modify title to the estate or interest covered hereby or by (b) Payment in part by any person of the the terms of payment, or release a portion of the any action asserting such claim, covered be restricted principal of the indebtedness, or any other estate or interest from the lien of the insured to this policy. obligation secured by the insured mortgage, or any mortgage, or release any collateral security for the voluntary partial satisfaction or release of the indebtedness. insured mortgage, to the extent of the payment, (c) No amendment of or endorsement to this satisfaction or release, shall reduce the amount of occur and the insured has knowledge of any claim President, denticy , ae Vice ePres Preexcept sident, the rby etary, maed n insurance pro tanto. The amount of insurance may of tit title interest adverpermitted se to the title to thof the insured e estate Assistant r Secretor hereto signed by either the thereafter be increased by accruing interest and or interest or the priority or enforceability of the authorized signatory of the Company. advances made to protect the lien of the insured lien of the insured mortgage, as insured, the aut SEVERAnatory . mortgage and secured thereby, with interest Corn any shall be required to pay only that part of IS.In the event LIT or validating officer or thereon, provided in no event shall the amount of an h insurance be greater than the amount of insurance exceed the amount, if any, lost is the Company b Y Provision of this policy is held y osses insured against by t is policy which shall invalid or unenforceable under applicable law, the stated in Schedule A. p (c) Payment in full b an reason of the impairment by the insured claimant of and all other provisions shall remain in full force Y e person or the the Company's right of subrogation. P y y policy shall be deemed not to include that rovision Vol satisfaction or release of the insured (c) The Company's Rights Against Non- an NOTICES, WHERE SENT. mortgage shall terminate all liability of the Company Insured Obligors. and effect. given the except as provided in Section 2(a) of these Conditions and Stipulations. The Company's right of subrogation against non- CoAlllpannotices and requiretatto b in writing Co LIABILITY NONCUMULATIVE, insured obligors shall exist and shall include, required to be fuany rnished the Company shall hout If the insured acquires title b the estate or indemnities, guaranties other policies of insurance addressed to the Company at 1 First interest in satisfaction of the indebtedness secured orltbondslr notwithstandingmitation the gany terms orhts of the conditionsAml cathypa number of this policy and shall be ex the insured mortgage, or any part thereof, it is contained in those instruments which provide for the office which issued this policy. expressly understood that the amount of insurance subrogation rights by reason of this policy, y, Santa Ana, Ca. 92707, or to under this policy shall be reduced by any amount F%rstAmerican Tit/e Form No. 1056.92 (10/17/92) ALTA Loan Policy Form 1 ENDORSEMENT Attached to Policy No. 4101-593032-A Issued By Policy No.: 4101-593032 Page 9 of 12 First American rifle Insurance Company 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. Z• (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 ti 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, the shall not be deemed to refer to or include the terms, covenants, conditions or restrictions contained i any lease. Y n For purposes of this endorsement, the words "covenants," "conditions" or "restrictions" shall not b 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 h e been recorded in the public records at Date of Policy and is not excepted in Schedule B. as 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 p i FirstAmelXan Tit/e any of 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 FirstAmelXW Tit/e Form No. 1056.92 (10/17/92) ALTA Loan Policy Form 1 ENDORSEMENT Attached to Policy No. 4101-593032-A Issued By Policy No.: 4101-593032 Page 11 of 12 FirstAmerican Tit/e Insurance Company 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 FirstAmerican Tit/e Form No. 1056.92 (10/17/92) ALTA Loan Policy Form 1 ENDORSEMENT Attached to Policy No. 4101-593032-A Issued By First American Tit/e Insurance Company Policy No.: 4101-593032 Page 12 of 12 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, 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 F%rstAmelXdn Title " v1 v�'`�I� ODU J. /1rriulu, r'C L V ZS-JL.S- / t5d b p.I Bob J. Arnold, PE Civil Engineering Geotechnical Engineering 20$-4�U-fi2%6 Materials Testing & inspection services '� Fax 208-323-7868 January Ts, 2007 Mr. Larry Taylor 702096001.doc 749 North Ralston page 1 of Meridian, Idaho 83642 Re: Grau Subdivision 4135 West Cherry Lane Meridian, Idaho 83642 Mr. Taylor: As per your request, J have reviewed groundwater data available from t Department of Water Resources for wells near the subject property. Tw he Idaho wells were identified for parcels just west of the subject property. Well logs for wells Cheery Lane and 1490 Jones Creek Lane indicate the depth to static t 4365 and 10' below the existing ground surface. grout ndwater is 12, This data agrees with the information available in the Ada County Soil the US Soil Conservation Service that indicates the groundwater is re er than Survey by below the surface. This document further indicates the onsite soils 9 c l6.01 - drained silt loam that in moderately deep to a hardpan layer. Below the an are alluvia[ sand and gravels. The Soil Survey states t include a well - residential construction. that fhe onsite soils are wellsuitedsuited for Based upon published information, your project appears to be eotec feasible. For preliminary design and budgeting purposes a depth to g hnicr and an allowable foundation bearingp groundwater of 10' values will be confirmed during the future field exploration . pisline h be used. Both and excavation will be scheduled as soon as possible. g has been contacted This opportunity to be of service is appreciated. scheduling of test pits as soon as utilities are ocated and an lexcavtou to the r is to Bob J. Arnoid, PE 9 8717 Craydon D II Boise, Idaho ,38 704 —P uvu u. hr i lulu, r-t_- G V O-040-1 o V V jJ.L Bob J. Arnold, PE 208-440-6276 Fax 208-323-7866 Civil Engineering Geotechnical Engineering Materials Testing & Inspection Services Form238-7 IDAHC DLPARTMENT OF 4tiATFI,,RESOUI�CES 3/SSt4G tiV' ELL DRILLER'S REPORT 1. DRILLING ]PERMIT X0. Cth- lD WR No. M0l5513 2. OWNER: Name Gene Tones Address - 62 E Cau ar City Mcrid,nn State ID Zip 83642 3- LOCATIQ\ GF lYEt.L by legal description' Sketcb map loc-4 an must al rcc with written location N w '1'Ivp- 3 North or South [] Rgr. 1 East 0 or West Sec. L0 1/4 NE li4 NW 4 Gov't lit CounIYAda i ar. Long: Address of Wall Site 1490 N Jrmr-.s t� o.e tawaco ro - CityMcridiitu ,srmcc ro arlanCaw, ) l,t. I3Ls. Sub. X---- 4. USEo ® Dancstic 0 Mtuticipa! E3 I>'Iouiror 0 krigati,ul lherma! O bjcction Q ow-, 5. TYPE OF %'OR.K check all tl:at appl: (Replacemctrt eu ) heH Well M Modify[3Abandmmcnt (] Other 6- DRILL NEFTf30D------- ® Air Rotary ❑ Ctlblc ❑ mud Rotary U ether 7. SEALING PROCEDURES J13i1lJFILTER PACK 41i lilYT ?VW ria; pram To Sacks or hIE17-iOD koand, Was d:sc shoe wvd7 Y C. y Show D rh , '%'a$ drii•e sane 8 nl toted? CASTNG/.Q R. Y 'I +,. r e Lin❑r ",vei i rbrcrded IJ ic,:LGt6 ofFIeadpme 10 9. I'E72F0 I. 011 of Tailpipe`_ RA,T'.l NSISCREENS ❑ t'er6mrn 11rs Method waslx-in 0 Screens Saccu Type telesconir.F prom Tn IS1erSize Vumber Diatnc 100' 110' .02(1 S. tvlafoiai Q.in [. u,cr SiSt ❑ Q I17. STATIC "'XIER LEVEL OR AR7 k:SIAN PRESSURE: ' 01 bciow gfowv d I)cprth flow encounte.ea Art 5iv Yress ere l'o ft. Deseribc access dt:oixs__ Port or coatro[ Bob J. Arnold pE sn.cpm tnua® 7020961101.doc Pa4e 2 of 3 ` tG'Zl 93 Office ilsc Only Ttspocted �' Sec 114 114 L4 11. WELL "PESTS: 1"' Loerg Pum Bailer d T;mi r Air Flon7n .Artesian rt i �- ware, Teotp. 1301toM hole teutP. 41'ttt-r QUality IeSt Or m.1111 L,: 12. L7THOLOGIC LOG' OQfirst WaEerEnww tered�� (Describe repairs or abasdowmentl z We czrti6. that a7: •�avt� mintmtmi Ivej] cOnstritction SL•mdards wero -ML'Iied with at thG time t4�(e rig Ivas removed. F— haute S(4 f �J i it,tt No.212 Finn O Tcial �— ! { Q Supervisor yr Operator (Sign once irFin„ Odtaal Operator) Date%• f Dau: 11 i) 0100 Tt=:4;0S PM 8717 Craydon Drive Boise, Idaho—g LVV-VLV-/ VVV r.� Bob J. Arnold, PE 208-440-6276 Fax 208-323-7866 Civil Engineering Geotechnical Engineering Materials Testing 8, Inspection Services bla Fa Q3g.7 7� IDAI-Ip DEPARTMENT OF WATER RESOURCES WELL DRILLER'S REPORT 1. DRILLING PERMIT NO. Other ICWR Nc, 2. OWNE Name 11 �Uhr^ Address Slato zp 3. LOCATION OF WELL by legal description: Skeich map location mus; 28re®wIth written location. N 7wp. North L'' or South C r" E Rue. East ❑ or West 13- Sec. /�I, 'A rIS yf4 _L� 1/4 1/4 Gov'tLot h5fi unv,;.v» s o Address of Well Site U- alk^ Sub. Name 4_ PROPOSED USE. 1;'100MOEtlC © Munldoal Q Monitor TF4=rrrlal 1:3lrrtgation ❑ InJec,Enn ❑Other 5. 1YFE OF WORK LR'New Well D Modify or Repair dA 6. DRILL METHOD J Abandonment ,eplacemart � Rlud Rotary 11 Alf Rotary Cabie 66 D Other 7. SEALING PROCEDURES SFAUFtLrUA PACK AMOUNT Mo[ttWi F.vn TG SA1.k4w r,{ErHCb ao Wes drive shoeriIE'y N Srjoc Depths} Was tlrive shoe seaal l tested? Y❑ MNkov+? 8. CASING/LINER: nr""°4' Fipn Tc f /iP ' GSv� Merenw Cas�n6 unor Wuldac Tiirexdea rn' n ❑ ❑ c ❑ ❑ 0 ❑ �enpth a7 Naadplpe —_ tangin cf TailpipB!_ ❑ ❑ 9. PERFOFIATIONS1SCRt:ENS O Perforations fr9athoo ❑ Scraens Screen Tvue ;mm r, Siofe�w w - mhx Clammy MCWpf �i<iing LiT¢r 10. STATIC WATER LEVEL OR ARTESIAN PRESSURE: osiow grouncs Artesian pressure Depth flow encountered 1e' controf devices:_—h' Describe access port or ---Hinolt7, PE oldpeCa msn com January 15, 2007 702096001.doc Page 3 of 3 Use Typewriler or Ball Point Pen 48840 T1. WELL TESTS: 187ump q Bailer ZAtr nwd RF Flowing Masten 7 t"M T.- 3' 7 � /a Watar Temp, Bottom hole temp. water Qualit y test or commenre 1^^-----. 12_ LITNOLOGIC LOG- JD�riye rmwwra or abe»tbnment) water Watw ataxy a Tsmpwe" 'Date: MaesurahleJ ^W^— 111] 13 DRILLERS CERTIFICATION INve certify that all minimum well m the time the rfg was removed. n�tiCNon r» Ms w'M oemWipd whh at Firm Name irm No._C,207 Finn OfticlaF}t and Date% Supervisor or Operator Dale FORrNARq WHITE COPY TO WATER RESOURCES (S PM u Rm �.j d opw4iol 8717 Craydon Drive Boise, Idaho 83704 RADIUS NOTICE REPORT FILE NAME: 4135w 01-Feb-2007 Owners Owner Address ALLEN DANIEL L -- ALLEN LUCINDA R 4098 W BLUE CREEK DR MERIDIAN, ID 83642-0000 Property Address: 4135w CANFIELD WILLIAM D & CANFIELD JANET L 4079 W CHERRY LN MERIDIAN, ID 83642-1022 Property Address: 4135w CLARK MICHAEL V CLARK ETHEL B 1639 N INTERLACHEN WAY MERIDIAN, ID 83646-1002 Property Address: 4135w CLEAVER OLIVER CLEAVER DEBORAH ANN 2490 N LOCUST GROVE RD MERIDIAN, ID 83646-7805 Property Address: CLEAVER OLIVER 4135w CLEAVER DEBORAH ANN 2490 N LOCUST GROVE RD MERIDIAN, ID 83646-7805 Property Address: CLEAVER OLIVER 4135w CLEAVER DEBORAH ANN 2490 N LOCUST GROVE RD MERIDIAN, ID 83646-7805 Property Address: COOPER DEAN D 4135w COOPER CHRISTY A 4112 W CHERRYTREE CT MERIDIAN, ID 83642-0000 Property Address: CROY CLAUDE & 4135w CROY REBECCA 4045 W CHERRY LN MERIDIAN, ID 83642-1022 Property Address: DAVIS GEORGE B 4135w DAVIS MILDRED L 4225 W CHERRY LN MERIDIAN, ID 83642-5433 Property Address: 4135w I - - Owners -- --- Owner Address -------- -- ROSE ROBERT - DEROSE KAREN 1621 N INTERLACHEN WAY MERIDIAN, ID 83646-1002 Property Address: 4135w DUGDALE MARJORIE I Property Address: DUNFEE LAND COMPANY LP Property Address: ESTEVEZ LUIS POSADA WJUA ELENA Property Address: EVANS HILLERI D Property Address: FORTIER ORB FORTIER CONSTANCE Property Address: FULLER 1NIITCHELL R & FULLER BETH L Property Address: GILBERTSON ROGER L & GILBERTSON DAVEITA J Property Address: GOLDCREEK DEVELOPERS LLC Property Address: GOLDCREEK DEVELOPERS LLC Property I 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 PO BOX 1090 MERIDIAN, ID 83680-0000 Property- Address: 4135w GOSLIN JOHN H 4074 W BLUE CREEK DR MERIDIAN, ID 83642-0000 Property Address: 4135w GRANT HUBERT JEFFERSON JR & GRANT EDITH H 4182 W BLUE CREEK DR MERIDIAN, ID 83642-4208 Property Address: 4135w GRAU WILLIAM R 4135 W CHERRY LN MERIDIAN, ID 83642-0000 Property Address: 4135w GUANCHE TERESA L 1574 N WINTERTREE AVE MERIDIAN, ID 83642-0000 Property Address: 4135w HAYES WILLIAM HAVES BEVERLY 1490 N WINTERTREE AVE MERIDIAN, ID 83642-0000 Property Address: 4135w HORKLEY MITZI J SLADE CLARENCE C 1641 N INTERLACHEN WAY MERIDIAN, ID 83646-1002 Property Address: 4135w HYMAS LAURIE K 3095 N MERLOT PL STAR, ID 83669-5447 Property Address: JOHNSON LARRY LEE 4135w JOHNSON SHARON KAY 4049 W 'HORN CREEK CT MERIDIAN, ID 83642-0000 Property Address: 4135w 3 \.J Oiiners JONES GENE JONES TERRI A Property Address: KILE MELINDA G Property Address: KILE MELINDA G KILE LORRAINE H Property Address: LANE CHARLES W LANE MARIAN L Property Address: LANE MARGARET L Property Address: LOKKER DONNA B REVOCABLE TRUST Property Address: LUSE GARY H LUSE BETTY J Property Address: MOOSE CREEK BUILDERS INC Property Address: NEELY BERTA Property Address: POPEL LAURIE A Property Address: 01� ner Address 1490 N JONES CREEK LN MERIDIAN, ID 83642-0000 4135w 1592 N WIN'TERTREE AVE MERIDIAN, ID 83642-0000 4135w 1598 N WINTERTREE WAY MERIDIAN, ID 83642-0000 4135w 1556 W WINTERTREE AVE MERIDIAN, ID 83642-0000 4135w 1538 N WINTERTREE AVE MERIDIAN, ID 83642-0000 4135w 4056 W BLUE CREEK DR MERIDIAN, ID 83642-0000 4135w 4115 W CHERRYTREE CT MERIDIAN, ID 83642-0000 4135w 925 N MAIN ST MERIDIAN, ID 83642-0000 4135w 4195 W QUAKER RIDGE DR MERIDIAN, ID 83646-1094 4135w 4151 W CHERRYTREE CT MERIDIAN, ID 83642-0000 4135w 5 Owners - �! -- Owner Address QUINOWSKI CALVIN MAKJHORT OLGA - 4178 W CHERRYTREE CT Property Address: MERIDIAN, ID 83642-0000 RANGEL LIVING TRUST 4135w RANGEL GABRIEL JR TRUSTEE 271 CHERRY CT Property Address: MORGAN HILL, CA 95037-0000 SHANKS DONALD L & BARB AEA A TRUST 4135w SHANKS BARB ARA A TRUSTEE 4073 W THORN CREEK CT Property Address: MERIDIAN, ID 83642-0000 TEA BOON 4135w KEE MING 4170 GLENWOOD TER Property Address: UNION CITY, CA 94587-0000 TOMLINSON ROBERT L 4135w TOMLINSON CATHY L 4144 W BLUE CREEK DR Property Address: MERIDIAN, ID 83642-0000 VANZANT CHRISTINA A 4135w 4133 W CHERRYTREE CT Property Address: MERIDIAN, ID 83642-0000 WASHBURN SETH H 4135w 1498 N WINTERTREE AVE Property Address: MERIDIAN, ID 83642-0000 WILLIAMS MICHAEL E 4135w WILLIAMS DIANN A 4028 W THORN CREEK CT Property Address: MERIDIAN, ID 83642-0000 WILSON HAROLD E 4135w WILSON KATHRYN J 4054 W THORN CREEK CT Property Address: MERIDIAN, ID 83642-0000 WINFREY BRIAN F 4135w WINFREY SARA K 1661 N INTERL,ACHEN WAY Property Address: MERIDIAN, ID 83646-1002 4135w 5 owners _ - - — - Ovi ner Address WOOD TRACIE J - -- - - -- 4061 W THORN CREEK CT MERIDIAN, ID 83642-0000 Property Address: 4135w