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HomeMy WebLinkAboutPZ - Warranty Deed I i I Whan recorded, return to: Capital Educators Federal Credit Union 6. Attu-nation. Modgiige Servicing PO Box 570 Mertdlan. 10 63600 800-223-726.3 TIVe Order No.: 632086 Escrow No,: 63 065 LOAN N: 230214010 — [S pn o A hove rhi s Lino For Recording Data] DEED OF TRUST DEFINITION Words used in multiple sections of this docurnent are defined helovr and other words are defined ureter the -caption TRANSFER OF RIGHTS ICI `SHE PROPERTY and in Sections 3, 4, 10, 11 , 12. 16. 19, 24, and 25. Gertsin rules regarding the usage of words used in this document afie also provided in Section 17 Parties (A) "Borrower"' is BRAN A KLEIN AND CARRIE A KLEIN, HUSBAND ANDWiFE currently residing at 224W Cherry Ave, Meridian, ID 63842. Borrower is the [rustor under this Security Instrument. (8) "Lender" is Capital Educators Federal Credit Union. Lender is a Federal Credit Union, organized and existing under the laws of Idaho. Leader's address is 275 S Stratford Drive, Meridian, ID 83642. Lende r is the beneficiary under this Security I n trument.The term "Lender includes any successors and assigns of Leader, ( ) "Trustee" Is ALLIANCE TITLE. Trustee's address is 9465 W EMERALD ST #1 20, B also P I D 83704. The terra "TruSteer includes any substitutelsuccess0r Trustee, IDAHO — Single ramp — Fannie Mae}Freddle Mac UNIFORM INSTRUMENT Form 3013 0712021 1 C E Mc rig age Technology, Inc Page 1 of 11 ID21UOEED 0222 A 6 03107F2023 07 56 AM PST L LOAN No. 230214010 Documents (D) "Note"' means the promtmcry note dated March 7, 20230 and signed by each Borrower who is legally obligated for the debt under that promissory note, that is in etther (i) paper form, using Borrower's written per and ink signature, or (ii) electronic form, using Borrower's adopted Electronic Signature in accordance with the U ETA or E-SIGN, as appllcable, The Note evidences the legal obligation of each Borrower who signed the Note to pay Lender ONE HUNDREE) THIRTY THOUSAND THREE HUNDRED AND N0j100' A * * * 0 * * t * * f * t22 * 2 * # 2 * ka N & * . At * i130#300.DD ) plus interest. Each Borrower who signed the Note has promised to pay this debt in regular monthly payments and to pay the debt in full not later than April 1, 2053, (E) "Riders" means all Riders to this Security Instrument that are signed by Borrower, A11 such Riders acre incorporated into and deemed to be a part of this Security Instrument. The following Riders a,re to be signed by Borrow-er (check box as applicable]: ❑ Adjustable Fate Rider ❑ Condominlum Rider D Second Home Rider ❑ 1-4 Family bider ❑ Planned Unit Development Rider 0 V.A. Rider E Other(s) [specify] (F) "Security Instrument" means this document, which is dated March 7, 20 3, together with all Riders to this document. Additional Definitions ( ) "Applicable Law" means all controliing applicable federal, state, and local .statutes, regulations, ordInances, and adrninlstrative ruIas and orders (that have the effect of iaw ) as Drell as aiI appEacable final, non-appealable judicial opinions. (H) " orr munity Association Rules, Fees, and Assessments" means all dues, fees, assessments, and other charges that are imposed on Borrower or the Property by a ccndominlem assoclation, homeowners association, or similar organization, (I) d'DefaultT' rneans: (1) the failure to pay any Periodic Payment or any other amount secured by this Security Instrument on the date it is due; (ii) a breach of arry representation, warranty, covenant, obligation, or agreement in this Security Instrument; (ili) any materially false, misleading, or Inaccurate Wormation or statement to Lender provided by Borrower or any persons or entities acting at Borrower's direction or with Borrower's knowledge or consent, or failure #c provide Lender with material information In connection with the Loan, as described in Section 8; or (iv) any action or proceeding described in Section 1 (e). (J) "Electronic Fund Transfer!' means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which as initiated through an electronic terminal, telephonic instrument" computer, or magnetic tape so as to o rde r, instruct' or authorize a fin and al institution to debit or credit are account. Such terra inoIudes, but is not limited to, point-cf-sale tram sfe rs, automated teller machine transactions, tra ri fe rs i n itiated by telephone or other el ectrona c devil devilw capable of communicating with such financial institution, wire transfers, and automated c1 a arl n g hoe se transfers. ( ) "Electronic Signature" means an "Electronic Signature'° as defined �n the UETA or E- i N, as applicable. (L) "E-SIGN'' means the Electronic Signatures in Global and National Commerce Act (15 'U-S,C. § '7001 of seq.), as rt may be amended from tine to time, or any applicable a,ddillonal or successor legislation that governs the same subject matter. ( ) r"Escrow Item s"rneans; (i) tars and assessments and other itsrr-rs that can attain priority over this Security instrument as a lien or encumbrance on the Property; (il) leasehold payments or ground rents on the Property, if any; (10) premiums for any and all insurance required by Lender under Section :5; (iv) Mortgage Insurance premiums, if any, or any sums payable try Borrower to Leader in lieu of the payment of Mortgage insurance premiums in accordance with the provisions of Secton 11 ; and (v) Community A sscciat o n Dues, Fees, and Assessments if Lender requires that they be escrowed beginning a# Loan closing or at any time during the Loan term. (N) "d Loa n" me ans th a de bt o b l i gat]on evide n red by th a Bete, p[us l rite rest, any p repaym e nt ch arg a s, costs, ex p e rises, and late charges due under the Note, and all sums due under this Security Instrument, plus interest_ (0) id.L Loan ery i ce r" means the entity that has the contractual right to racer B o rrowo is Pe rl c d I c Payments and are other payments made by Borrower, and administers the Lean on behalf of Lender. Loan Servicer does not include a su h-se rvi ce r, wh is h Is an entirty th at m ay se rvi ce the Loan on beh a if of tip a Loan S a rV I ce r. (P) " isccI laneous Proceeds" means any compensation, Settlement, award cf damages, or proceeds paid by any third pa rly (der th an in su rare ce prow a cis pa i d u n der th a cove rages de scri be d i n S ecticn ) for: (i) darn a g e to, or destr ucti c n of, the Pro pe rty; (ii) w ndem nation or oft r to ki n g c f al I c r a ny part of the Pro p e rty; (i i i) co nveyance 1 n 1 ie u of co ndem n a- tio n; or (iv) misrepresentations of, or omissions as tc, the value and/or condition of the Property. (0) "Mortgage Insurance" means Insurance protecting Lender against the nonpayment of, or Default on, the Loan. (R) "Partial Payment's means any payment by Borrower, other than a voluntary prepayment permitted under the dote, which is less than a f u I I cut,sWding Perrcdis Pa leant. (S) 191'Periodic Payment"' means the regularly scheduled amount due for (i) principal and interest under the Mote, plus (i i) any amounts under Section . '"Property'" means the property described below under the heading 'TRANSFER OF RIGHTS IN THE PROPEMY" (U) "Dents"' mean s all l arno unts re ce feed b y c r d u e Borrower i n cone ect I on w1i th th e l e as e u se, an d1ef occupancy of th e Property .by a party ether than Bc rm a r. ( ) "RES PA:' means the Real Estate Settlernant Procedures Act (12 U.B, a § 2601 of seq.) and Its imp lame MIng regu- Iati Dn, Regulation X (12 G.F.R. Part 1024), as they may be amended from #i me to time, or any add i ti c n al or successor federal legislation or regulation that governs the same sub]ect matter. When used In this Security instrument, "RE PK refers to all requirements and restrictions that would apply to a "federally related mortgage IoW even if the Loan does not q uel ity as a "fede ral ty rel ated inert gage [oan" un de r R ES PA, ( "S uccessor in I We rest of B orr'c er'f t mean s any p arty that has take n tit]a to th a Pro p a rty, vv h eth e r o r not th at party has assumed Borrower"s oblIgatilons under the dote andfor this S acu rl ty Instrument. IDAHO - S Ingto Faml - Fannle MadFreddle Mac UNIF0AM INSTRUMENT Form 3 M 3 OV2021 ICE Mortgage Techmlogy. Inc, Page 2 of 11 ID21UDEED 0222 r 0�/0742023 07- PST LOAM 9: 230214010 ( ) "UETA" means the Uniform Electronic Transactions ,act, as enacted by the jurisdiction in which the Property is located, as it may he amended from time to time, or any applicable additional or successor leglsl;,tion that gevems the same subject rnatler_ TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender (i) the repayment of the Loam, and all renewals, a tenslons, and modifice- tions of the Mote, 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 de:soribed property located in the County of Ada : Lot 9 In Block 2 of Fran Meridian Subdivislon, according to the offlclal Plat thereof, filed In Book 30 of Plats at Page(s) 1666 and 1867, records of Ada Bounty, Idaho. APN #-, R2917160120 which currently has the address of 224W Cherry Ave, Meridlan [stremt] [Cityt Idaho 83642 Property Address")F [ZLp Cod oe TOGETHER WITH all the improvements now or subsequently erected on. the property, including replacements and additions to the improvemernts on such property, all property rights, including, without llrnflati on, all easements, appurte- nances. royalties, mineral rights, oil or gas rights or profits, grater rights, and fixtures now or subsequently a part of the property. All of the foregoing is refer d to in this Security Instrument as the "Property," BORROWER REP RE ENT , WARRANTS, COVENANTS, AND AGREES that: (i) Borrower iawfu[ly owns and possesses the Property conveyed in this Security Instrument In fee simple or lawfully has the right to use and occupy the Property under a leasehold estate: (ii) Borrovwer has the right to grant and convey the Property or Borrower's lease- hold interest in the Property; and (iii) the Property is unencumbered, and not subject to any other ownership interest in the Property, except for encumbrances and ownership interests of record. Borrower warrants generally the title to the Property and covenants and agrees to defend the title to the Property against all clair'ns and demands, subject to any encumbrances and ownership interests of record as of Lean closing. THIS SECURITY INSTRUMENT combines uniform covenants for nation;Bl use with limited variations and non-uniform covenants that reflect specific Idaho state requirements to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Leader covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges,and Late Charges, Borrower wI I I pay each Periodic Payment +then due Borrovwrer will also pay any prepayment charges and Iate charges due under the Mote, and any other amounts Niue under this Security 'Instrument. Payments due under the Mete and this Security Instrument must be made in U.S. currency. If any check or ether instrument received by Leader as payment under the Note or this Becucity Instrument is returried to Leader unpaGd., Leader 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) none} order-, (c) certified check, bank check, tma.surer's check, or cashier's check, provided any such check is drown upon are institution whose deposits are insured by a U.S. federal agency. in-5trumentality, or entity; or (d) Electronic Fund Transfer. Payments are deemed received by Leader when received at the location designated in the Mete or at such other location as may be designated by Linder in accordance with #hie notice provisions in Section 16. Lender may accept or return any Partial Payments in its sole discretion pursuant to Section 2. Any offset or claim that Borrower may have now or in the future against Leader will not relieve Borro wer from making the full amount of all payments dire under the Note and this Security instrument or performing the covenants and agree- ments secured by this Security Instrument. . Acceptance and Application of Payments or Proceeds. (a) Acceptance and Application of Partial Payments. Lender may accept and either apply or hold in suspense Partial Payments in its sole discretion in accordance with this Section 2. Lender is not obligated to accept any Partial Pay- me n t s or to apply any Partial Payr-a-rents at the time such payments are accepted, and also Is net obligated to pay interest on such unapplied funds_ Leader may held such unapplied funds until Borrower makes. payment sufficient to cover a full Periodic Paymerit, at which time the amount of the full Periodic Payment will be applied to the Loan. If Borrower does not make such a payment within a reasonable period of time. Leader will either apply such funds in accordance with this Section 2 or return them to Borrower. If not applied earl I er, Par ti a[ Payments will be credited against the total amount due under tine Loam in calculating the amount due in connection with any foreclosure proceeding, payoff request, loan modification, or reinstatement. Lender may accept any payment insufficient to bring the Loan current without waiver of any rights under this Security Instrument or prejudice to its rights to refine such payments in the future. I DA H 0 - S ingle Fa roily - Fa nn i$ MardFreddi a M a c UPI!FO R M INSTRU M ENT Form 3013 07/2021 ICE Mortgage Technology, Inc. Page 3 of 11 ID21 UDEED 0222 IDUDEED (GL ) 03f 07r2 023 07:66 Am PST 1' LOAN . 230214010 (b) Order of Application of Partial Payments and Periodic Payments. Except as otherwise described in this Section 2, if Lender applies a payment. such payment will be applied to each Periodic Payment in the order 'n which it came due, beginning with the oldest outstanding Penodlc Payment, as follows. first to interest and then to p17inclpal due under the Note, and finally to Escrow Items- if all outstanding Periodic Payments then dale are paid in full, any pay- ment amounts remaining may be applied to late charges arid; to any amounts then due under this Security instrument. If all suns there due under the Note and this Security Instrurrlent are paid in fall, any remaining payment amount may be applied, in Lenders sole discretion, to a future Periodic Payment or to reduce the pri-na-pal balance of the Note_ If Lander receives a payment fror-n Borrower in the amount of one or more Periodic Payments and the amount of any late charge due for a delinquent Periodic Pa ent, the payment may be applied to the delinquent payment and the late charge. When app ng payments, Lender will apply such payments in accordance with Applicable Law. �c) Voluntary Prepayments. Voluntary prepayments will be applied as described in the Note. (d) N o C h a n g e to Payment S chedule. Any app katon of payments, i nsu rance prooeeds. or M1 smlJaneous Pmoeeds to principal due under the Note will not extend or postpone the duo date. or change the amount. of the Periodic Payments. 3. Funds for Escrow items, (a) Escrow Requirement; Escrow Items. Borrower must pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a Burn of money to provide for payment of amounts due for all Escrow items (the Tunds"). The amount of the Funds required to be paid each month may change during the term of the Loan. Borrower must promptly furnish to Lender all notices or invoices of amounts to be paid under this Section 3. (b) Payment of Funds; waiver. Born wer ,,rust pay Lerner the Funds for Escrow Items unless Lender waives this obligaUon in writing. Lender may ►rra,-ve this obligation for any Escrow Item at any time. In the event of such warier, Bor- rower must pay di redly, when and where payable, the amounts due for any Escrow items subject to the waver. It Leader has waived the requirement to pay Lender the Funds for any or all Escrow Items, Lender may require Borrower to provide proof of divot payment of those items within such time period as Leader may require. Borrower's obligation to make such timely payments and to provide proof of payment is deemed to be a covenant and agreement of Borrower under this S e=4 Instrument. If borrower is obligated to pay Esc rovw Items directly pursuant to a waiver and Borrower fails to Pay timely the amount due for an Escrow Item, Leader may exercise its rights under Section g to Ray such amount and Borrower will be obligated to repay to Lender any such amount in accordance with Section Lender may withdraw the waiver as to any or all Escrow Items at any time by giving a notice in accordance with Section 16; upon such withdrawal, Borrower must pay to Lender all Funds for such Escrow items, and in such arnount , that am then required under this Section 3, (c) Amount of Fi`,nds; Application of Funds. Lender may, at any time, collect and hold Funds in an amount up Or but not in excess of, the maximum amount a leader can require under REBP .. Lender will estimate the amount cf Funds due in a ,dance with Applicable Law. The Funds will be held in an Institution whose deposits are insured by a U.S.-federal agency, instrumentality, or entity including Lender, if Leader is are institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender will apply the Funds to pay the Escrow Items no later than the time specified under REPA, Lender may not charge Borrower for: (i) holding and app)Ong the Funds; Cii) annually analyzing the escrow account; or (iii) verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless Leader and Borrower agree in writing or Applicable Law requires interest to be paid on the Funds, Lender will not be required to pay Borrower any interest or earnings on the Funds. Leader will give to Borrower, without charge, an annual accounting of the Funds as required by P E PA. (d) Surplus; Shortage and Deficiency of Funds. In a ordanre with RESPA, if there is a surplus of Funds held in escrow, Lender Mil account to Porrower for such surplus. if Borrower's Periodic Payment is delinquent by more than 0 days, Lender may retain the surplu in the escrow account for the payment of the Escrow Items. If there is a shortage or deficien cy of Funds held in escrow., Leader wiIi notify Borrower and Borrcwwer WilI pay to Lender the amount nacessar to make up the sborta,ge or deficiency in accordance w1th PEBP . Upon payment in toll of all sums secured by this Security Instrument, Leader will promptC refund to Borrower .any Finds held by Lender_ 4, Charges: Liens. Borrower must Ray (a) all taxes, assessments, charges, fines, and impositions attributable to the Property which have priority or may alta-In priority over this Security Instrument, (b) leasehold payments or ground rents on the Property, if any, and (c) Comrnunity Association Dues, Fees, and Assessments, it any. if any at these items are Escrow Items, Borrower will pay them in the manner provided in Section 3. Borrower must promp Uy discharg0 any lien that has priority} or may attain priority over this Security Instrument unless Borrower: (aa) 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 under such agreement; (bb) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which Lender determines, in its sole discretion, operate to prevent the enforcement of the lied while those proceedings are pending, but only until such proceedings are concluded; or (oc) secure$ from the holder of the lien an agreement satisfactory to Lender that subordinates the lien to this Security Instrurnent (col iect vely, the `Required Actions''). If Lender determines that any part of the Pro party is s ubjOct to a lien that has priority or may atain priority over this Security instrument and Borrower has not taken any of the Required Actions in regard to such lien, Lender may give Borrower a notice identifying the iien. within 10 days after the date oil which that notice is given, Bc mower must satisfy the lien or tape one or more of the Required ActJons, 5. Property insurance. (a) Insurance Requirement; Coverages, Borrower must keep the improvements now existing or subsequently erected on the Ru pe rty insured agalnst Icss by fire, hazards included wihnn -the term "extended coverage,n and any other hazards including, but riot lirT` Red to, earthquakes, winds, and floods, fur which Lender requires insurance. Sorro wer must maintain the types of insurance Lender requires in the amounts (including deductible levels) and f)r the periods that Lender requires. What Leader requires pursuant to the preceding sentences can change during the term of the Loan, and may exceed any rninimurn coverage required by Applicable Law. Borrower may choose the insurance carrier providing the insurance, subject to Lenders right to disapprove Borrowers choice, which right wiU not be a erelsed unreasonab Y. (b) Failure to Maintain Insurance. If Lender has a reasonable basis to believe that Berm wer has falled to maintain any of the required insurance coverages described above, Lender rnay obtain insurance coverage, at Lender's option and at Borrowwe(s expense. Unless required by Applicable Law, Lender is under no obligation to advance premiums IDAHO _ Single Family— Fannie Mee[Freddlie Mac UNIFORM INSTRUMENT Form 3013 0712021 ICE Mortgage Technology, Inc. Page 4 of 11 iD 1 UDEED 0222 IDUDEED (CLS) S16 MOM 023 D�_56 PST LOAM M 230214010 4)r, of to seek to 101stato, ally prior Irlpsed covelage obtained by Dormww er. Lender is under no obligation to purchase arty pA01culal hip-0 01 Amount 01 CaYloraga and may select the provider cf such Insurance in its solo discretion. Before puruhnsing such cowrage. Lender will notify Borrower 11 required to do so under ApplicatAe Law. Any such coverage wyIII imp kiio LeI)doi, boat might not prcIPrl 13orycwerI Mrrower's equity In tha Pro per1:y, or the ccn Ion is of the Property, Agair1st AFly ii��, hk1t8TA. ur AELbIIIty aIid might PMYIda greater or lesser coverage than was prewricu* in effect, but net awe od I ng tile pro rngo -LI k I I red Under Section 5(a). Borrower acknowledges that the cost of the Insurance coverage se ob[Ai neft m ay s Ig ni I[cairtly exceed the cost cf Insurance that Bofrowor could hayo obtaIned. Any amounts disbursed by Lend-PT foT costs associated wilh reinstating Borrower's insurance policy or wIlh placing now Insurance under this tic llan 5 will bo-otime additional debt of Borrower secured by this Securlty instrument, These amounts will bear Inter- esl al 1ho Nate rule Irani the date Or disbursement and WI11 be parable, wilh such interest, upon notice from Lander to Borrower er requesting pnyment. (c) 11)8UMr1CO PollcIea. All Insurance poil Cie s requ red by Lander and renewals of such pclicles. (I) will be sub]ect la Le nd er's d Oh t to di sa ppruvo such peli cle:s; (11) mu st i nd u de a stand and m artg gage cl aus @; and (111) must n ame Le n de r as n or tgacgo@ and/or as an -ad Atlonall loss 1p + e. Lender will have the right to hold the paIIcles and renewal certiticat@s. If Lender requires, Bo rm we r will promptly give to Lender p root of paid premiums and renowwra,l notices. H Borrower obtains any fo rin of I n skiTance coverage, riol oth a rwwri se requ lred by Lender, for damage to, or destructl on of, ih o Property. such po I icy nit isl 1r1 CILIde a s I and s rd me rtgag a clause an d m usl P ame Londe r as mo rtgag as an d#o r as an ad di do n al 108 s payee, (d) Pro of of La s s: A pp I leaden of Proceed s. I n th o event at loss, B errowe r must give pmm p Ik no i ice to the insurance rrie r a n d t_o nd a r. Lende r m ay make p reel of Ia ss I f no t made prom ptly by rrr .r.A nor i n su ran ce p rocs a ds, wh ethe r or not the undarlying Insurance was required by Lender, wwriII be applied to resto rat]on or repair of the Prope rtyr If Lander dee rns the restoration er repair to be econornlcal� feasible arid d e to rm I ne s l h at Le nderts security will net be lessened by sk ich restoration or repair. 11 the Pro perty is to be repaired oT restored, tender wwriII disburse from the Insurance proceeds any initial amounts that ale neoessary to begin the repair or restore do n, subject to any restrictions applicable to Lender. During the subsequent repair ancl restoration period. Lendef will fi ave the right to hold such Insurance proceeds Will Leader has had an opportunity to inspect such Property to err ski re the work has been completed to Lender's satisfaction ( wh I ch may Include satisfying Lender's minimum eligibility requirements for persons repairing the Property, Including, but not limited to, licensing, bond, and in su ranee re qui re men is) provided that su ch lnspec Lion mu s1 be u nde rtake n p rem ptly. Lends r may dis bu rse p race eds to r the repo Irs a n d rests ratio r% i n a al ng i$ paym a nt or I n a so ries o1 progros s p ayme n is as th a work I s comp I eted. dep end- ing cn the size of the repair or restoration, the terms of the repalr agreement, and whether Burrower Is in Default on the Loan. Le rider may male such disbursements dlrectty to Borrower, to the p e rsc n repairing or res lc ring the Property, or payable Iointty to both, Lender w111 net be required to pay 8or-rowwrer and+ intorest or earnings on suer insurance proceeds unless Lender and Borrower agree in writing orApplicahla Law req>jIres othervylso, Fees torpublic ad]vslors, or other third paM es. retalned by Bo rrowwre r Sri 11 not be pal d o u I of th a lens u ranee p roceed s a n d wi I I bo t h e so I a obliga 11 on of Bc rrowe r. 11 Lender deems the restoration or repalr not to be econernically feasible or Lender's seeurlty would be lessened k)y such restoration or repalr, the insurance proceeds will be applied to tho sums secured by this Securlty Instrument, whether or not than due, with the excess, if any, paid to Borrower. Such insurance proceeds will be applied In the order that Partial Payments are applied in Section 2(b). (e) Insurance Settlements, Assignment of Proceeds. If Burrower abandons the Property, Lender may file, negotl- ate, and setti e a ny avail abi e i its u rance claw ni and rela tad m sake rs. I f Borrower does not res pond with I n 3 0 days to a n of i ce tram Lander that the insurance carrier loos ofie red to settle a claim, then Lender may negotiate and settle the claim. The 30-day period gill begin when the notice is given. Ire either m nt. cr if Lender acquires ttie Proper-ty under Section 26 or otherise, Bower is u ncond ition al Y assigning to Lender (i) Bortoweis rIghts to any Insurance proceeds In an amcunt not to exceed the amounts unpaid under the Note and this Security Instrument. and (11) any other o[ Borrower's rights is (other than the right to any refund of unearned premiums paid by Borrovyor) under all insuranco pollcies covering the P'rcpe My, to t h e extent th at such rig h is are appi i cabs a to the cove rage of the Pro p er ty. I t Le n do r fl les, a e goti ates, or se ttl as a claim, Bo rawer ag roc s th at an y i n surance p road s may be m ado payable di re ctly to Lend s r wl tho ut the need to incl ude Ba r-ower as an additional loss Payee. Leader may use the insurance proceeds either to repair or restore the Property (as provided in Section ;5(d)) or to pay amounts unpaid Under the dote or thls Security instrument, whether or not than due_ 5. Occupancy. Borrower must occupy, establish. and use the Property as Borrower's principal residence wwrithln 60 days atte r the execution of this Security instrument and must continue to occupy the Property as Bo r rowwo is principal re siden oe for at least one year alter the date of occupancy, unless Lender tithe rwwil se agrees In wow r1tI n g, w h I eh consent W11 not be unreasonably with het d, or unless extenualing circumstances exist that are beyond Bo rrowe is control. Z Preservation, Maintenance, and Protection cf the Property; Inspections. Borrower will riot destroy, dam- age, c r i m pa-1 r th a Pro pe r ty, al low th a Pfope rty to date ho rate, or eo mmR was to on the Pro p arty. Wheth er or not E30 r rower is residing in the Property, Borrower must maintain the Pro perty+ in order to prevent the Property f rom date rio rating cr decreasing In ~' aloe dua to its con01on. Uniess Leader deter rninos pursuant to Section 5 that repair or restvration is not econornically feasible, Borrower will promptly repair the Property if damaged to avoid further deterioration er damage. If insura nee or condemnation proceeds aria paid to Lender in con naction VVIth damage to, or the taping of, the Property, B orrowe r W 11 be res pa nsEble fo r re p ai ring or restorin g th a Proper ty on Iy if Le n der has re I eased pro coeds fo r such purpe ses. Lender may drsburse p rooe eds for the repairs and restoration in a singIe payment or In o series of progress payments as the work is completed, d eperi ding on the sl ze of the repair of resterati on, the terms of Me repalr agreement, and whether Bon-ower is to Default on the Loam. Leader may make suer disbursements directlyr to Borrower, to the person repa,iHrig or restorin g t h e Pro party, o r p ayable jointly to both If the i n su ranee or cc nd em n ati on p rooe ads are .n of sw,fcl e n t to reps i r or restore the Property, Borrower remains obligated to complete such repair or restoration. Lender may make reasonable entrles upon and inspectlons of the Property. If Lender has reasonable cause, Lender may inspect the interior of the improvements on the Property. Leader will 91ve Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause, :8. 13orrcwwer's Loan Application. Borrower wilt be an Uefeult if, daring the Loan application process. Borrower or any persons or entities acting at Borrower's direction or vyith 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, including, but not Iimlted to, owerstaling Borrower's lucerne or assets, understaling or failing to provide documentation of Borrower's debt obligations and llabilities, and misrepresenting Borrower's occupancy or in tendad occupancy of the Property as Borrower's p rtncl pal residence. I DA HO - S Ingle Fa wily - Fan nia Mae Fmdd I e Ma r- UNI F OR M EN STRU M E NT Form 3013 UV2321 ICE mortgage TeOAology. inn. Page 5 of 11 iD III�E D 22 03107=23 07;55AM PST Fr LOAN 0. 230214010 9. Protection of Lender's Interest In the Property and Flights Under this Security Instrument �a) Protectlon of Lender`s Intoreat. If: (i) Borrower faits to periorrn the covenants and agreements conned In No Security lnstrument; (11) there is a legal proceeding or government order that might significangy affect Leaders Interesil In the Property andlor rights under this Security Instrument (such as a pros eding in bankruptcy, probate, for =demnabon or fcrieiture, for enforcement of a lion that has priority or may at'lafn priority over this Security Instrument, or to enforce laws or regulations); or (W) Lender reasonably believes that Borrower has abandoned the Property, then Leader rrwj do and Ray for whatever Is reasonable or appropriate to protect Leader's. Interest in the Property and/or rights under this Security instrument, including protecting and/or assessing the value cf the Property, and securing and/or repalrir the , Propert Lender's actions may include, but are not lirniled to: (1) paying any sums secured by a, lion that has priority or may attain priority over this Security Instrument; (11) appearing In court; and (iit) paying. (A) reasonable affornew tees and costs; (B) property inspection and valuation fees; and ( ) other feet incurred for the purpose of protecting Lender's interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy pro- e Ong. Securing the Property includes, but is not limited to, exterlor and interior inspections of the Property, entering 1 Property to make repairs, changing lochs, replacing or boarding up doors and windows, draining water from pipes, eli nninating building or other code violations or dangerous conditions, and having utilities turned on or off.Although Lender may take action under this Section g, Lender is not required to do so and is not under any duly or obligation to do so, Leader will not be liable for not taping any or all anions authorized under this Section g. (b) Avoiding Foreclosure; Mitigating Losses. Et Borrower is fry Default, Leader may work with Borrower to avoid foreclosure and/or mitigate Lenders potential losses, but Is not obligated to do so unless required by Appficable Law. Loader may take reasonable actions to evaluate Borrower for available alternafives to foreclosure, Including, but not limited to, obtaining credit reports, title reports, title rrlsurance, property valuations, subordination, agreements, and third-party approvals, Borrower autho rites and consents to these actions, Any casts associated with such Ioss mn ligation adivibies may be paid by Lender and recovered from Borrower as described below in Section 19(c), unless prohibited by Applicable La,.jd. (c) Additional Amounts Secured. Any amounts disburs-ed by Lender under this Section 9 will become addibona,l debt of Borrower secured by this Security Instrument. These amounts may bear interest at the Note rate from the dale of disbursement and will be payable, with such interest, upon notice from Lender to Borrower requesttng payment, (d) LeaseholdTerm5. If this Security Instrument is on a, leasehold, Borrower will comply with all the pr isfons of the lease. Borrower w-il not surrender the leasehold estate and interests conveyed or terminate or cancel the ground lease. Borrower will not, without the express writen consent of Lender, alter or amend the ground Jease, if Borrower acquires fee title to the Property, the leasehold and the fee title will not merge unless Lender agrees to the merger in writing. 10. Assignment of Rents. (a) Assignment of Rents. If the Property is leased to, used by, or occupied by a third par-ty ( Tenant'), Borrower is unconditionally assign)rig and transferring to Lender any Rents, regardless of to whom the Rents are payable. Borrower authorizes Lenderlo collect the Rents, and agrees that eac:h Tenant will pay the Rents to Lender. flowerer, Borrower will receive the rents until (i) Lender has given Borrower notice of Default pursuant to Section 26, and (11) Lender has given notice to the Tenant that the Rents are to be paid to Lerider.This Section 10 constitutes an absolute assignment and not an assignment for additional security only- (b) Notice of Default. If Leader gages notice of Detault to Borrower: (i) all Rents received by Borrower must be Meld by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security Instrument; 00 Lender will be entitled to collect and receive all of the Rents, (III-1) Borrower agrees to instruct each Tenant that Tenant is to pay all Rents due and unpaid to Lender upon Leader's written demand to the Tenant, (iv) Borrower will ensure that each Tenant pays all Rents due to Leader and will take whatever action is necessary to collect such Rents if not paid to Lender; (v) unless Applicable Law provides otherwise, all Rents collected by Lender will be applied first to the cosh cf taking control of and managing the Property and collecting the Rents, including, but not limited to. reasonable attorneys' fees and costs, receiver's fees, premiums on receiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments, and other charges on the Property, apd then to any other sums secured by this Security Instru- ment; (Vie Lender, or any judicially appointed receiver, will be liable to account for only those Rents actually received; and (vii) Lender will be entitled to have a receiver appointed to tape possessi cn of and manage the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security. (c) Funds Paid by Lender. If the Rents are not sufficient to cover the costs of taping control of and managing the Property and of collecting the Rents., any funds paid by Lender for such purposes will become indebtedness of Borrower to Lender !secured by this Security Instrument pursuant to Section (d) Limitation on Collection of Rents. Borrower may not collect any of the Rents more than one month in advance of the time who n the Rents become due, except for security or similar deposits. (e) No Other Assignment of Rents. Borrower represents, warrants, covenants, and agrees that Borrower has not signed any prior assignment of the Rents, wN not make any further assignment of the bents, and has nc# performed, and will not pe lorm, any act that could prevent Lender from exercising its rights under this Secufity Instrument. (f) Control and Maintenance of the Property. Unless required by Applicable Law. Lender, or a receiver appointed under Applicable Law, is not obligated to enter upon, take control of, or maintain the Property before or after giving notice of Default to Borrower, However, Lender, or a receiver appointed under Applicable Law, may do so at any time when Borrower is in Default, subject to Applicable Law. (g) Additional Provisions. Any application of the Rents will not cure or waive any Default or invalidate any other right or remedy of Leader. This Section 10 does not relieve Borrower of Borrower's obligations under Section 6. This Section 10 will terminate when all the sums secured by this Security Instrument are paid in full. 11. Mortgage Insurance. (a) Payment of Premiums; Substitution of Policy; Loss Reserve; Protection of Lender. It Leader required Mortgage Insurance as a condition of making the Loan. Borrower will pay the premiums required to maintain the Mort- gage Insurance in effect. It Borrower was required) to mare separately designated payments toward the premiums for Mortgage Insurance, and (F) the mortgage Insurance coverage required by Leader ceases for any reason to be available from the mortgage insurer that previouslypre�rided such insurance, or (0 Lender determines in its sole discretion that such mortgage insurer is no longer el iglble to provide the Mortgage Insurance coverage required by Leader, Borrower will pay the premiums required to obtain coverage substantially equivalent to theMortgage- 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. IOAH0 — Stngle Farnily — Fannie MaefFreddia Mac UN1FO RM INSTR[JMENT Fvrrn 3013 -07/2021 ICE Mortgage Te r�nI Y• inc, Page 6 of 11 IDUDEED ( L ) tLV LLLA.Lo V L 0 3JO712023 07-56 AM PST LOAN : 230 14010 If substantially equivalent Mortgage Insurance coverage is not avaiiable, Borrower will continue to Ray to Leader 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 liau of Mortgage Insurance. Such loss reserve will be non-refundable, ever~ when the Loan is paid its full, and Lender will not be required to pay Borrower any interest or earnings on such loss reserve. Lender will no lon-ger require loss reserve payments it 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 separatey 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 sepa- rately designated payments toward the premiums for Mortgage insurance, Borrower will pay the premiums required to maintain mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Leader's requirement for Mortgage Insurance ends in accordance vwith any writer agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing ire this Section 11 affects Borrower's obligation to pay} interest at the Note rate. (b) Mortgage Insurance Agreements Mortgage Insurance reimburses Lender for certain losses Lender may incur if Borrower does not repay the Loan as agreed. Bcr-rcvrer is not a party to the Mortgage Insurance policy or coverage. Mort-page insurers evatuate their total risk on call such insurance in force from time to time, and may enter into agree- ments vvith other parties that share or modify their risk, or reduce losses. These agree means may require the mortgage insurer to snake payments using any source of funds that the mortgage insurer may have evallable (which may include funds obtained from mortgage insurance premiums)_ As a result of these agreements, Lender, 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 right be characterized as) a portion of Bur- rovver's payments for Mortgage Insurance, kr, exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. Any such agreements will not; (i) affect the amounts that Borrower has agreed to pair for Mortgage Insurance, or any other terms of the Lean; (ii) increase the amount Borrower wall owe for Mortgage Insurance; (iii) entitle Borrower to any refund; or (W) affect the rights Borrower has, if any, with respect to the Mortgage Insurance tinder the Homeowners Protection Act of 1998 (12 U.S.C_ § 4901 et seq.), as it may be amended trcm time to time, or any additional or successor federal legislation or regulation that governs the same subject muter ({`HPA), These rights under the HPA may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the mortgage �- Insurance terr`r`Minated automatically, a.nd/crfo receive a refund of any Mortgage Insurance premiiums that vvere unearned � at the time of such cancellation or termination. 'r 12. Assignment and Application of Miscellaneous Proceeds; Forfeiture. �== (a) Assignment of Miscellaneous Proceeds. Borrower is unconditionally assigning the right to receive all Miscel- laneous Proceeds to Leader and agrees that such amounts will be paid to Lender, - (b� Application of Miscellaneous Proceeds upon Damage to Property, if the Property is damaged, any Miscel- laneous Proceeds will be applied to restoration or repair of the Property, if Leader deems the restoratlon or repair to be economically feasible and Lender's security will not be lessened by such restoration or repair, During such repair and restoration period, Lender will have the right to Bold such Miscellaneous Proceeds until Lender has had an opportunity to inspect the Property to ensure the work has been completed to Leader's satisfaction (which may include satisfying Lender's minimum eligibility requirements for persons repairing the Property, including, but not limited to, licensing. bond, and insurance requirements) provided that such inspection must be undertaken promptly. Leader may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the Wark is completed, depending on the size of the repair or restoration, the terms of the repair agreement, and whether Borrower is in Default on the Loan. Leader may make such disbursements directly to Borrower, to the person repairing or restoring the Property, or payable jointly to both_ Unless Leader and Borrower agree ire writing cr Akpplicable Lave requires interest to be paid on such Miscel- laneous Proceeds, Lender will not be required to pay Borrower any interest or earnings on such Miscollaneous Proceeds, If Lender deems the restoration or repair not to be economically feasible or Lender's security would be lessened by such restoration or repair, the Miscellaneous Proceeds will be appl ied to the sums secu red by this Security 1 nstrumerit, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds will be applied in the order that Partial Payments are applied in Section (b). (c) Application of Miscellaneous Proceeds upon Condemnation, Destruction, or Loss in Value of the Property. In the event of a total taking, destruction, or loss in value of the Property, all of the Miscellaneous Proceeds will 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 (each, a "Partial DevaluaCorti ) where the fair market value of the Properly immediately before the Partial Devaluation is equal to or greater than the amount of the sums secured by this Security IrXstrument immediately before the Partial Devaluation, a percentage of the Miscellaneous Proceeds wII1 be applied to the sums secured by this Security Instrument unless Borrower and Leader otherwise agree in writing.The amount of the Miscellaneous Proceeds that will be so applied is determined by multiplying the total amount of the Miscellaneous Proceeds by a percentage rculated by taking (i) the total amount of the sums secured immediately before the Partial Devaluation, and dividing it by (ii) the fair market value of the Property} Immediately before the Partial Devaluation. Any balance of the Wscella neous Proceeds will be paid to Borrower. Ire the event of a Partial DevaIuati0n where the fair market value of the Property imr"r'rediately before the Partial Devalu- ation is less than the amount of the surxrs secufied immediately before the Partial Devaluation, all of the Miscellaneous Proceeds will be applied to the sums secured by this Security instrument, whether or not the sums are then dUer unless Borrower and Leader otherwise agree in writing. (d) Settlement of Claims. Lender is authorized to collect and apply the Miscellaneous Proceeds either to the sums secured by this Security Instrument, whether or not then due, or to restoration or repair of the Property , if Borrower 0) abandons the Property. or (ii) fails to respond to Lender within 30 days after the date Lender notifies Borrower that the Oppcs-Ing Party (as defined in the next sentence) offers to settle a claim for damages. "Opposing Partyki means the third party that owes Borrcvver the Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to the Miscellaneous Proceeds. (e) Proceeding Affecting Lender's Interest in the Property. Borrower will be in Default if any acton or proceeding begips, whether cnril or criminal, that, in Lender's judgment, could result in ferfeitu re of the Property or other material impair- ment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a Default and. if IDAHO -- Single Fang - Fannie Ma Freddie Mac UNIFORM INSTRUMENT Form 3D13 07M21 ICE MortgageTechnobgy, Inc Page 7 of 11 ID21UDEED 022 IEUDEED (DLS) 0310712023 07 56 AM PST LOAN ##, 230214010 acceleration has occurred, reinstate as provided Irti Section 20, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgments precludes forfeiture of the Property or other material impairment of Lender's interest in the Property ar rights under this Se curit Instrument_ Borrower is uncendrtlonally assigning to Leader the pros-eds of any award or claim far damages that are a trrbutabla to the impairrr ent of Lenders interest in the Property, which proceeUs gill be paid to Lender All Miscellaneous Roceeds that are not applied to restoration or repair of the Property will be applied in Me order that Partial Payments are applied in Section (b). t:3. Borrower Not Released; Forbearance by Loader Not a Waiver. Borrower or any Successor in Interest of Bor- rower will not be released from liability under this Security Instrument it Lender extends the time for payment or modifies the amortization of the sums secured by this Security Instrument_ Leader will not be required is commence proceedrngs agatrist any Successor in Interest of Borrower, or to refuse to extend tLme for p aynn ent oT otherwisa modify amortiza0orL of the sums seeufM by this Security Instrurent, by reason of any demand rnade by the original Borromo r or any Successors in interest of Borrower_ Any forbearance by Leader 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. will not be a waiver of, or preclude the -6XercMse of, any fight or remedy by Lender. 14. Joint and Several Liability'; rglinatories; Successors and Assigns Bound. Borrower's obligalions and liability under this Security instrument will he lolnt and several_ However, any Borrower who signs this Security Instrument but does not sign tho Note: (a) signs this Security Instrument to mortgage, grant, and convey such Borrower's interest in the Property under the terms of this Security Instrument; (b) signs this Security Instrument to waive any applicable inchoate rights such as dower and curtest' and any available homestead exemptions; (c) signs this Security Instrument to assign any Miscellaneous Proceeds, Rents, or other earnings from the Property to Lender; (d) Is not personally obligated to pay the sums flue under the rote or this Security Instrument; and (e) agTeeS that Lender and any other Borrower care agree to extend, modify, forbear, or make any accorinmcdationsiith regard to the terms of the dote or this Security Instrument VAthout ,such Borrowe is consent and without affecting such Borrower's obligations under this Security Inslrurnent, Subject to the provisions of Section 19, any Successor in interest of Borrower who assumes Derr-ewer's cbIligations under this Security instrument in writing. and is approved by Leader, will obtain all of Borrower's rights, abligation r and benefits under this Security Instrument. Borrower will not be released ffom Borro+wer's obligat'lens and liability under this Security Instrument unless Lender agrees tc such release in writing. IS. Loan Charges. �a) Tax and Flood Determination Fees. Lender may require Borrower to pay (i) a one-time charge for a real estate sax verifiicatIon andlor reporting service used by Lander in connection with this Loan, and (H) either (A) a one-time charga for flood zone determination, certification, and tracking services, or (B) a one-lime chatge for flood zonc determination and certification services and subsequent charges each time remappiags or similar Wanges occur that reasonaUy might affect such determination or certification. Borrower will also be responsible for the payment of any fees Imposed by the Federal Emergency Management Agana}, or any successor agent}, at any time during the Loan term, in connection with any Ilcod zone determinations. (b) Default Charges. If permitted underApplrcable Law, Lender may charge Borrower fees for services performed in connection wiIh Borrower's Default to protect Lelnder's interest in the Property and rights Linder this Security+ Instrument, including: (I) reasonable attorneys'fees and costs, (ii) property inspection, valuation, mediation, and loss mitigation fees; and (I ii) other related fees. 1c) Permissibility of Fees. In regard to any other fees, the absence of express authority} in this Security Instrument to charge a specific fee to Borrower should not be construed as a prohibition on the charging of such foe. Lender may not Charge fees that are expressly prohibited by this Security Iastrurnant cr by Applicable Law, (d) Savings Claus-9. If Applicable Law sets rnaxlmum lean 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, Men (R) any such loan charge will be reduced by the arnount necessary to reduce the charge to the permitted limit, and (ii) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Nate or by making a direct payment to Borrower_ If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge Is prov1clod for under the Note)-To the extenI permitted by Applicable Law, Borrower's acce plan ce of any such refund made by direct payment to Borrower will constitute a wailvfer of any rlglit of action Borrower (night have arising out of such overcharge. 16. Not Ices: Borrower's Phyrsicai Addres:s,AlI notices given by Borrower or Leader In con r)eotion with this Security Instrument must be In wfiting. (a) Notices to Borrower. Unless Applicable Law requires a different method, any written notice to Borrower In eon- raectlon with this Security Instrument will be deemed to have been given to Borrower vyhen (i) mailed by first class mail, cr (i i) actually delivered to Borrower's Notice Address (as defined in Section 16(c) be1avv) if sent by means other then first class mall or Electronic ommuf~ication (as defined in Sectlon 16(b) below), Notice to any one Borrower will constitute notice to all Borrowers unless Applicable Lew expressly requires otherwise. If any notice to Borrower required by this Sec UritY Irtstrurnent is also required underApplicable Lava, the Applicable Lava requirement %grill satisfy the corresponding requirement under this Security Instrument, (b) Electronlo Notice to Borrower. Unless another delivery me#[god is required by Applicable Law, Leader may provide notice to Borrower by e-mail or other electronic communication ("Electronic ommunicatien") iif: (i) agreed to by Lender and Borrower in wwriting; (li) Borrower has provided Lender with Borrower's a-mail or other electronic address (-'EIectronic Address"), (iii) Lender provides Borrower with the option to reCeive notices by fiirst class mail or by other non-Electronic ommuni cal ion instead of by EI'ectromc Comrnuniea#ion; and (iv) Lend r otherwise complies with Applicable Law, Any notice to Borrower seat by Electronic Communication an connection with this Security Instrument gill be deamed to have been given to Borrower when sent unless Lender becomes aware that such notice Is not delivered. if Lender becomes avvare that any notice sent by Electfonic Communication is not delivered, Leader wI11 resend such communIcatian to Borrower by first class nail or by other non-Electronic ommuniGation_ Borrower may withdraw the agreement to feceive Electronic Communications from Leader at any time by providing written notice to Lender of Borrower's withdrawal of such agreement, (c) Borrower"s hlctica Address. The address to vvh1Ch Lender gill send Borrower notice ("Notice Address") will be the Roperty Address unless Borrower has designated a diffefent address by written notice to Leader if Lander and Borrower have agreed that notice may be given by Electronic Communicalion, then Borrower rray designate an DA H 0 - Si ngl o Fami It' - Fan rile Mse Fraddi a M Ac U NI FO RM I NSTA U ME NT Fo rm 3 013 07�2-021 LCE MorIg ag e- Techn-DI ogy, I ne Page 8 of 11 I D21 U Df F D 0222 IDUDEED (CL ) }� ONOW2023 07 56 AM PST ti � i LOAM ft: 23D214010 Electronic Address as Notice Address_ Borrower will promptly notify Leader of Borrower's charge of Notice Address, Including any changes to Borrower's Electronic Address if designated as Notice Address, If Lender specifies a proce- dure for reporting Bo rro er's change of Notice Address, them Borrower will report a change of Notice Address only thTough that specified procedure. (d) Notices to Lender. Any notice to Lender will be given by deliveTing it or by mailing if by first class mail to Lender's address stated In this Security instrument unless Lender has designated another address (including an Electronic Address) by notice to Borrower, Any notice in eori.nection with this Security Instrument will be deemed to have been given to Leader only when actually received by Lender at Le riders designated address (which may include an Electronic Address). If any notice to Lender required by this Security Instrument is also required under Applicable Law, the Applicable Law require- ment will satisfy the corresponding requirement Under this Security Instrument. (e) B orrower's Physical Ad dress. In addition to the designated Notice Address. Borrower will provide Lender with the address where Borrower physically resides, if different from the Property Address, and notify Leader whenever this address changes. 17 Governing Law; everability; Rules of Construction. This Security instrument is governed by federal lair and the law of the State of Idaho. All rights and obligations contained in this Security instrument are &ubject to any require- rnents and lirnitabons of Applicable Law. If any provision of this Security Instrument or the Bete conflicts with Applicable Law (i) such conflict will not affect other provisions of this Security Instrument or the Note that can be given effect without the conflicting provision, ,and (ii) such conflicting provision, to the extent possible, will be considered modified to comply with Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence should not be construed as a prohibition against agreement by contract, Any action requ[Ted under this Security Instrument to be made in accordance with Applicable Lair is #o be made in accordance with the Applicable Law in effect at the time the action is undertaken- As used In this Security Instrument; (a) words in the singular wilI mean and include the plural and price versa; (h) the word „may„ gives sole discretion without any obligation to tape any action; (c) any reference to "Section„ ire this docurnert refers to Sections contained in this Security Instrument unless otherwise noted; and (d) the headings and captions afe in serted for convenience of refe rence and do not define, 1i mit, or describe the scope or intent of th is Secu rixy Instrument or any particular Section, paragraph, or provision. 18. Borrower's Copy. One Borrower will be given one copy of the Note and of this Security Instrument, 19. Transfer of the Property or a Beneficial Interest in Borrower. For purposes of this Section 19 only, "Interest in the Property" means any legal or beneficial interest in the Property, includingr 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 to a purchaser at a future dale. If all or any part of the Properly or any Interest In the Properly 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, Lender wilJ not exercise this option i# such exercise is prohibited by Applicable Law. It Lender exercises this option, Lender will give Borrower notice of acceleration. The notice will provide a period of not less than 30 days frown the date the notice is given in accordance with Section 16 within which Borrower must pay all sums -secured by this Security instrument. If Borrower fails to pay these sums prior to, or upon, the expiration of this period. Leader may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower and will be entitled to collect all expenses incurred in pursuing such remedies, including, but riot limited to: (a) reasonable attorneys' fees and costs; (b) property inspection and valuation fees, and (c) other fees incurred to protect Lender's [nterest in the Property and/or rights under this Security Instrument. G, Borrower's Right to Reinstate the Loan after Acceleration. If Borrower meets certairn conditions, Borrower will have the right to reinstate the Loan and have enforcement of this Security Instrument discontInued at any time up to the later of (a) five days before any foreclosure sale of the Property, or (b) sUch other period as Applicable Law might specify for the termInation of Borrower's right to reinstate. This right to reinstate i1I not apply in the case of acceleration~ under Section 19. To reinstate the Loan, Borrower must satisfy all of the following conditions; (aa) pay Lender all sums that then would be due under this Security Instrument and the Note as if no acceleration had occurred; (bb) cure any Defauif of any other covenants or agreements order this Security Instrument or the Note'. (cc) pay all expenses incurred in enforcing this Security Instrument or the Mote, including, but not limited to: (i) reasonable attorneys' fees and costs; (ii) property inspection and valuation fees, and (iii) other fees incurred to protect Lender's interest in the Property and/or rights under this Security Instrument or the Note; and (dd) tape such action as Leader may reasonably require to assure that Lender's interest in the Property andVor rights under this Security Instrument or the Note, and Borrower's obligation to pay the sums secured by this Securily Instrument of the Mete, will continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the fallowing forms, as selected by Leader; (aaa) cash; (bhb) money order; (ccc) certlfied check, bank check, treasurer's check, or cashier's check, provided any such check J drawn upon an instifuticn whose deposits are insured by a U.S. federal agency, instru- rnentalityr or entity; or (ddd) ElectTonic Fund Transfer. Upan Barrower's reinstatement of the Loan, this Security Instrument and obligations secured by this Security Instrument will remain fully effective as if no acceleratilo-n had occurred. 1. Sale of Mote. The dote or a partial interest in the dote, together with this Security Instrument, may be sold or otherwise transferred one or more times. Upon such a sale or other transfer, al of Leader's rights and obligations under this Security Instrument will convey to Lendees successors and assFgns. 2. Lean Servicer. Le ndeT r-ray tape any action permitted under this Sauurity Instrument through the Loan Servicer or another authorized representative, such as a sub-servicer. Borrower understands that the loan Servicer or other authorized representatIve of Lender has the right and authority to tape any such action. The Loan Service r may change one or more times during the terra of the dote, The Loan SeTvicer may or may not be the holder of the dote. The Loan ServIcer has the right and authority to: (a) collect Per iodic Payments and any other amounts due under the Note and this Security Instrument, (b) perform any other mortgage loan servicing obligations; and (c) exercise any rights under the dote, this Security lnsfrument, and Applicable Law on behalf of Leader. if there is a change of the Loan Servicer, Borrower ifl 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 R E PA requires in connection with a notice of transfer of servicing. iDAHO - Single Family - Fannie rviae/Freddie M8c UNIFORM INSTRUMENT Form3013 0712021 ICE MoTIpge 7echnolog . Inc Page 9 of 11 021121D EL D 0222 ' OW0712023 07:5 AM PST 1 LOAN 9: 230214010 3. Notice of Grievance. Until Bctrower or Lender has nc#lfied the other paw (ire accordance with Section 1 G) of an alleged breach and afforded the other party a reasonable Re dod after the giving of such notice to tale corrective aeon, neither Borrower nor Leader may mmerice, join, cr be joined to any judicial action (either as an individual litigant or a member of a class) that (a) arises from the ether part 's actions pursuant to this Security Instrument or the Note, or (b) alleges that the other party has breached any provision of this Security Instrument or the Mote. It Applicable Law pail des a time period that must elapse before certain action taken, that time period will be deemed to be reascnaNe for purposes of this Section 23. The notification of Default given to Borrower pursuant to Section 6(a) and the notice of acceleration given to Borrower pursuant to Section 19 will be deemed to satisfy the notce and oppoftnfty to tak-9 corrective action provisions of this Section 23. 24. Hazardous Substances. (a) Definitions. As used in this Section 4: (i) Environmental Law" means any Applicable Laws where the Property is located that relate to health, safety, or envircirmental protection, (ii� mi-lazardous Substancee include (A) those sub stances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law, and (B) the following substances: gasoline, kerosene, other flammable or toxic petroleum products, tonic pesticides and herbicides, volatile solvents, rnat riais containing as stos or formaldehyde, corrosive materials or agents, and radioactive materials; (ili) ..Environmental cleanup" includes any response action, remedial action, or removal action, as defined in Environ- mental Law, and ( ) are 0E r Ironmental GondiVon" means a condition that can cause, contribute to, or oth9rwi se trigger are Environmental Cleanup. (b) Restrictiolns ors Use of Hazardous Substances. Borrower gill not cau se or permit the presence, use, disposal, storage, or release of any Hazardous Substan s. cr threaten to release any Hazardous Substances, on or in the Property, Bcrrc ,er will not do, nor allow anyone else to do, anything affecting the Property that: (i) violates Environmental Law; 0i) creates are Envi ronmental Condition; or (W) due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely effects or could advemely affect the value of the Property. The preceding two sentences will not apply to the presencer 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). (c) Notices; Remedial Actions. Borrower will promptly give Lender written notice of: (i) any investigation, claim, demand, law uit, 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; (ii) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release, or threat of release of any Hazardous Substance; and (iii) any condition caused by the presence, use, or release of a Hazardous Substance that adversely affects the value of the Proper_ If Borrower learns, or is notifed by any governmental or regulatory authohty or any private party, that any removal or other remedlabon of any Hazardous Substance affecting the Property Is necessary, Borrower will prornptl tape all necessary remedial actions in accordance wilth EnvIrcnmelntal Law_ Nothing in this Security I nstrurnent will create any obligation on L-ender for an Environmental Cleanup. 5. Electronic Mote Signed with Borrower's Electronic Signature. It the Note evidencing the debt for this Loan is electronic, Borrower acknowledges and represents to Lender that Borrower: (a) expressly consented and intended to s}gn the electronic Note using are Electronic Signature adopted by Borrower ("Borrower's Electronic Signature") instead of signing a paper Note with Borrower's written pen and irk signature; (b) did not withdraw Borrower's express consent to sign the electrorile Note using Borrower's Electronic Signature; (c) understood that by signing the electronic dote using Borrower's Electronic Signature, Borrower promised to pay the debt evidenced by the electronic dote in accordance with its terms; and (d) signed the electronic Note with Borrower's Electronic Signature with the intent and understanding that by doing so, Borrower promised to pay the debt evidenced by the electronic Note in accordance with its terms. NON-U NI FOR M OVENANT . Borrower and Lender further covenant and agree as follows: 6. Acceleration ; Remedies. (a) Notification of Default. Lender will give a notification of Default to Borrower prior to acceleration following Bor- rower's Default, except that such notification of Default will not be seatwhen Lender exercises its right under Section 19 unless Applicable Lave provides otherwise. The notification will specify, in addition to any other information required by Applicable Lew: (i) the Default, (ii) the action required to cure the Default' (iii) a date, not less than 0 days (or as other- wise specified by Applicable Law) from the date the notification is given to Borrower, by which the Default must be cured; Qv) that failure to cure the Default on or before the date specified in the notification may result i n acceleration of the sums secured by this Security I nstrum nt and sale of the Property; (v) Borrower's right to reinstate after acceleration; and Zvi) Borrower's right to bring a court action to deny the existence of a Default or to assert any other defense of Borrower to acceleration and sale. M Acceleration; Power of Sale; Expenses. It the Default is not cured on or before the date specified in the noti- fication, Lender 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 Lair. Lender will be entitled to collect ail expenses incurred in pursuing the remedies provided i n this Section 26, including, but not limited to; (i) rea- sonable attcme ' fees and costs, and other flees and costs associated with the enforcement of this Security Instrument, including but not limited to, foreclosure trustee's and sheriff's fees and costs and title costs; (Ii) property inspectlon and valuation fees' and (40 other fees incurred to protect Lender's interest In the Property andfc r rights under this Security Instrument, unless prohibited by Applicable Law. (c) Notice of Sale; Sale of Property. If Lender it vokes the power of sale, Lender will send notice to Trustee of the occurrence of are event of Default and of Lender's election to cause the Property to be sold. Trustee and/or Leader will take such acton regarding any required notices and gill give such notices to Borrower and to other recipients as Appli- c t 4e Law may require. At a time permitted in accordance with Applicable Law, and after publication of the notice of sale, Trustee, without further demand on Borrower, will sell the Property at public auction to the highest bldde r at the time and place and under the terms designated in the notice cf sate in one or more parcels and in any order Trustee determines. Trustee may postpone sale Of the Property by public announcement at the time and place of any previously scheduled sale. tender or its designee may submit a credit bid and may purchase the Property at any sale. (d) Trustee's Deed; Proceeds of Sale. Trustee +vill deliver to the purchaser a Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed will be prima facie evidence IDAHO - Single Farr-itly - Fannie Mae}Freddle Mac UNIFORM INSTRUMENT Form 3013 0712021 ICE MorlgageTechrol , Inc_ Page 10 of 11 10 1UUEED 0222 0 3J0712 023 07:56 AM P ST A11111 i LOAN 4: 23021401 D of 'he truth of t h e staterne n is m a.de [n th at deed. Tru stee w 111 a Rpl} the pads of the sale I n the fo Il ri ng orde r- (i) to al expenses of the sale, Ind ud1ng, but not l'im i ted to, realenWe Tru stews and reasonabIa anorneK fees; f ii) to all sums secure-d by thips Secu0ty Instrument; (Id) to arry persons having recorded liens subsequent to the interest of the Trustee Irk the SecuMy Instrument as their interest may appear; and (iv) the surplus, it any, to flhe Borrower of the Security instru- merit or to Borrower's successor in inlerest entitled to such surplus.. 2 Z R econ ve bra n ce. Upon payment of all Sums s secured by this Security I nstr urnent r Lender will request Trustee to reconvey the Property and will surrender this Sect+rity Instrurent and all dotes evidencing the debt secured by th irs ecurLty Instrument to Trustee. Upon such request, Trustee will reconvey the Pro perty Without warranty to the person or persons IegalIly entitled to It. Such person -or persons wt11 Ray any recordation costs assaciated with such release, Leader may char9a such person or persons a fee for reconveying the Property, but c n I y if the fee is paid to a third party (such a s the T(u stee) f o r sa ry i ces rende red a nd the ch argi ng of the f e s is p ormitted u n der Appl i caU a Law. 2-13. S ubst'rtute Trustee, Lender rnay, f rom time to time, by itself cr through the Loan Servlcer, remove Trustee anC1 a ppo i nt a suocos so r tru ste a to an y Tru s lee a p po inted u ride r this S ecur i ty I n st rument. Withoul conveyance of th a P ro p- ert y. t h e suoces so r t ru stee w I I s u cce e d to al l th a rig h Is. tit]a. powe r' and du ti es con le r rod upon Trustee i n thi s S e curlty Instrument and by Applicable Law 29. Area and Lccation of Property. Tine Property is' (a) located WithIn an incorperaled city+ or grillage; (b) not mere than .60 acres, regardless of its location. prov-dud it is not pirincipalty used for the agricultural productlon of crops, Fivesiock, dairy, or aquatic goods; or (c) not more than 40 ages. regardlese of fts use or location. 30. Attorneys' end Otbers' Fees. Lend erwiI[ be entitled to racovar its reasonable ator-nayre fees and cosis and a n Y e the r le e s a n d cc sts a s soeiated wi th th e e into rcement of th Is Secu rity I nstr ri me n It, i n cludin g bu t not I im I#ed to, to rec;osu re tru ste a an d s h oriff's fee a a n d costs i n an y acti o n or p races dfng to eo n str ue or enforce any to r m of this Sow My I nstrument unl ess p rut,I b i.ted or re str i cte d by Apply cable Law. The to rrn "a go rn a yB fee s," vi h-e n eve r u sed in th is Se cu rity I nstrurnent includes without limitation. attorneye fees incurred by Leader in any bankruptcy proceeding or appellate proceedings, BY S I G N I N G B E LOW, Borrower acc pis a nd agrees to th e terms and cove rams contained i n th Is Security I n sl rument and in any rider signed by Borrower and recorded with it. -7 - YA N A KLEIN DATIE r r Seal) CARRIE-A LE BATS State of f DA HO ABA County SS; On this ^ day of _MACCAA ,� r before me. b a Notary Public In and for said county and state, pefsonally appeared BR AN A KLEIN AND CARRIE A KLEIN known or proved to me to be the person(s) who executed the foregoing Instrument, and acknowledged to me that heh0elthey executed the write. In witness whereof I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public residing at; EOTARY Fly FtNE N 0PUSLI 0 C my or'rlr lsslon plies: IDAHO C,omrnisslon Expires: OM112023 Res Id i-ng in: Bois Idaho Lender: Capital Educators Federal Credit Upton NML ID: 408C42 Loa rt Originator, Cal Giathberg NMI- I D: 148078 i IC)AHOE — Single F3rnity ! FFInnia MajYFreddie Mae UNIFORM INSTRUMENT Form 3013 071021 021 ID21 UGEED 0222 ICE f,A ortg a g e Technology, Inc. Page 11 of 11 1 oUDEED (CLS) * ()3A37 0:23 07 56 AM PST "' ju