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HomeMy WebLinkAboutAffidavits of Legal Interest~AFFIDA VIT OF LEGAL INTERES 1 STATE OF IDAHO ) COUNTY OF ADA )) ~!W!~i'rp,~ ~. (name) ~'~~ N• ~bri't' (address) Mc~d; Q.1 ~.J _ / being fast duly sworn upon (city) KRrt[) oath, depose and say: (state) I • Tha[ I am the record owner of [he property described on the attached, and I gran[ my permission to: `t ~ % ~t ~lliCjr`Ct.-~ (name) (address) to submit the accompanying application pertaining to that property. 2- I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated [his /~ day of ptQ/~ 20 0,~ 1N~~3 ~Ly - (Signature) SUBSCRIBED AND S WORN [o before me [he day and year first above written. .xY.'g~~RSiE~1~t~ p~a i1'^c ~ o°~m°-r C~ SAS r a• ~ , e ® ~®~ ®~ @ Notary Publi for Idaho A , - n w -5 Residing at~~p~. o ~ur~~3'~ O 4 n A O ~~ _?c~ °°o°®®•°'D° ~~ew`°1° MY Commission Expires:~~-a~ 6p'~I~ ~ O F :~ py+°° ~,.~,.._. ,.., ,.~, ... _., .7V04Jdr0 WARRANTY DEED FOR VALUE RECEIVED DOUGLAS P. OLSON AND MARIE OLSON, HUSBAND AND WIFE DBA OLSON CONSTRUCTION GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto SHERRI D. CALHOUN, HUSBAND AND WIFE WILLIAM W. CALHOUN AND GRANTEE(S), whose current address is: 1407 LESLIE DRIVE, MERIDIAN, IDAHD 83642 the following described real property in more particularly described as follows, to wit: ADA County, Slate of Idaho, Lot 28 in Block 2 of CAROL'S SUBDIVISION N0. 2, according to the Official Plat thereof, filed in Book 39 of Plats at Page(s) 3288, records of Ada County, Idaho. Gran[ee(O he rsEand ass gnsOforevere And he saiU Grantor(s) Idoes(tlo) hereby covenant t a1and rwith ehe sand Grantee(s), Ihat Grantor(s) isfare the owner(s) in lee simple of said premises; that said premises are free from all encumbrances, EXCEPT (hose to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and sub)ect to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due antl payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Dated: June 28, 1990 STATE OF indHn ,i7ounly of 'drip ..p,_ y.. .ss. On this ~$.th tlaYOP' ~ '-Ju '1 In the year of 1 990 " ~w' , before me, Ihauntl'~ signed, a Nolery Public in antl for saitl Slate. p9rsonally arWear~j}~ DOISGT.AR F rn cns, ..,,......__~~-._- known or itlenliliaG to Tire ipys;l subsmipatl to the within in§dui _thE7L exevVl®tl the $am6. .. s~ .. ~ Name\', F p®r9(irl_$_ whpsB ndma 9_@Le 1, antl ecknowletlgetl to ma that ~Resitling al: -_RII TCF TDAHD 'My cbrrim25ion _p~%pirasl ~ l l h /9 aTgTE OF IDgHO, COUNTY OF ~. I hereby Cerlily That Ihi8lnslrumenl was liletl for record at the re~ gi,ealol ~'fEVVAKf nltE at ~b minutes past This O'cloc~ m„ Q tlay or J Igqp// zln my pllice, antl tluly recortlatl In Boo- k ~~~ of de~tls at page .inyN BASTIDA Ex-0 to r r By Deputy. Fea ~ , Mall Ic: This form furnished courtesy of STEWART TITLE OF IDAHO, Inc. r.„,r,<,..,r,.,,,~, ,,..,.ate VLJUIY AFFIDAVIT OF LEGAL INTERES~ STATE OF IDAHO ) COUNTY OF ADA )) (name) ~~ ~~ ~ (address) ~.Z~.~~ ~~~~ ~~~ ' / being first duly sworn upon (city) '~`~ oath, depose and say: (state) That [ am the record owner of the property described on the attached, and f grant my permission to: ame) (address) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold [he 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. Dated this ~/ _ day of _ ~~~ ~y „~, 20 per. (Signature) SUBSCRIBED AND S WORN to before me the day and year f//irst abGo/vie/wri 099ac3aeana»p'0 l/i~'_""`~~~c ~,0 tip )a ®P~Y`Y~ e ~ ~ .~OTAFtF "a m Notary Publi~q for Idaho /~ :tr » ~®.~. a * Residing at ],( `Q, lam- ~,ftt.~_. DDOfff )))~9-.~ o :~ ~n~~° ~'aI<B~~Gw O ~ My Commission Expires:~~ •erOO o~~E60 ~ ~.~~y e~0°o Order Np. ~~A nA EBCrow No. 'iVi WARRANTY DEED FOR VALUE RECEIVED WILBUA D, VINCENT and CAA OL J, VINCENT, husl~,nd and wife GRANTORS do hereby GRANT, BARGAIN, SELL and CONVEY unto RUSSELL E, and D.OFtRI5 E, MARTIN, husband and wife / ~ ~~ GRANTEES ,whose current address is: 9822 Skycliffe Avenue, Bolae, Idaho the following described real property in ADA more particularly described as follows, to wit: County, State of Idaho, Lot 24 Block 2 0£ CAROL'S SUBDIVISION N0, 2, according to the official plat thereof, filed Ln Book 99 of Plats at Fage 3248, records of Ada County, Idaho, TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantees their heirs and assigns forever. And the said Grantors do hereby covenant to and with the said Grantees ,that they are the owners in fee simple of said premises; that said premises are free from all incumbrances and that they will warrant and delend the same from all lawful claims whatsoever. Dated: April 29, 1983 STATE OF IDAHO, COUNTY OF ADA On this 29th day of April .ts8 belore me, a notary public, in antl for Saitl Slale, person 3y appeared :WILBUA D, VINCENT and CAROL J, VINCENT Known to me to be the parson3 . subscribed -lo,lde within mslNmenl, whose names pjjDi antl acknowletlged to melr\al, c they ~. ~ executetl the same. \ U YY\ o a'~ Resitlmg al mc~ Notary Public Comm. Expires Bo18e .Itlaho - ;; ,-~ "~ , ,,, Z STATE OF IDAHO, COUNTY OF /wo rn L(.! I hereby Cerlily Ihat Ihis instrument was Illed for racortl el the re~ D °peal of PIONEER TITLE CO. ~ zl ~ minutes past ~~ ~ this clock m. day of Z y ~,~w ~ w Lv/ 19~in my ollice, antl duly racortletl i B z n ook of Daetls al page p DHN BASTSE?A Ex-Ofriclo Recorder BY ST_/ ////.%CIrf~A~19~ Deputy. Fees $ AG Mail lo' This form furnished courtesy o1 CHICAGO TITLE COMPANY OF IDAHO 0 AFFIDAVIT OF • LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) I, tint-!~Ldl. ~? oC (03t (i~~~c-e, A~~ (na ) (address) Y ~1~ ~-r> being first duly sworn upon (city) oath, depose and say: (state) I • That [ am the record owner of the property described on the attached, and I gant my permission to: ~auu~ w~) to submit the accompanying application pertaining to that property. 2• [agree to indemnify, defend and hold the Ciiy 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. Dated this `_J~~ day of SUBSCRIBED AND S WORN to before me the day and year first above written. "~'='v%~~::~.ye~ ry c for Idaho fRE9p1I~f~}{C~V Residing at ,~0l5C S7AT 12YPUBlIC M Commission Eic Tres: ~-7~ + E OF IDAHO y P~ ~o dv O ~/ Nota Pub i THIa FORM PURNRiHaD COURTESY OF: STE' RrART TITLE FOR VALUE RECEIVED JOY ALLEN KINYON and T ,title as T. Ann Sutler), HUSBAND AND WIFE GRANTOR(S), does(do) hereby GRANT, BARGAIN, SHI.L and CONVEY unto FRANK E 70UNd$TROM and BARBARA L. YOVNGSTROM, husband and wife GRANTF.E{S),whosecurrentaddressis: 2631 LESLIE DRIVE, MERIDIAN, IDAHO 83642 the following described real property in ADA County, State of Idaho, more particularly described as follows, to wit: Lot 22 in Block 2 of CAROL 9UBDIVI$ION ND. 2, according to the Official Plat thereof, filed in Book 39 of Plata at Page fe) 3248 - 3249, records of Ada County, Idaho. TO I~La.VE AND TO HOLD the said premises, with their appurtattances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does{do) hereby covenant to and with the, said Grantee(s), thaz Grantot(s) Is/are the owners) in ffe simple of said premises; that said premises are frce from all encumbrances, EXCEPT dtoae ro which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject. to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of iecord, and general taxes and assessments, (Inolwding irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrrant and defend the same from all Iswful claims whatsoevor. Dated: August D,$, 1994 STATB OF IDAHO COUNTY OF ADA 073tt"r''2 ~,!)p ~-., CLC04iuEfi BOISE IU STEWART TITLE WARRANTY DEED 1'7~6'7UUlU6~ ANN KINYON (who acquired T. ANN KINYON '- On this Sth day of August in the year of 1994 before me, the undersigned, a Notary Fuhlic in and for said State, personally appeared JOY ALLEN KINYON and T. ANN KINYON known or identified to me to be the person(s) whose name(s) is/are anbscr'bed to 'n instrument, and acknowledged to me that he/she/they executed the same. T'RINA NISHiTi4Nl Signature: JQtL o u:, • Nk3TRFtY PUBLIG r ~~E i~ II1AH0 Name: TR.INA NISHITANI My Dommlaeion Expirr,g 9-P8~97. Residing at: BOISE, t2DAH0~ - •stf nuc a Pr~~~ ,~ FEE ~ ~ u..t flEQQItltU dif .TIP ItLQC ST OF :8 AROYa THL9 L@fa FOR R ORDmD DATA order. No.: 94049834 TN/UR AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) 1. That I am the record owner of the property described on the attached, and f grant my permission to: (name) (address) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this f z day of M,Pc (ZG'}( 20~. ~l _ I-nc 15~-- A C W(~ZP~(~ (Signature) S[IBSCR[BED AND S WORN to before me the day and year first above written. ~~.•`~Z,IA TOTS ,'o NOTARY -,~ ' ;; ~'•~ = Nota ublic or Idaho ~~ . , "; ~CIBLIC ~ ~: Residing at ~eo'-'~E ? tli~•. ~'>, Q.T~~'•••"~~~+0~.`~~, My Commission Ex ires:_/x/05 '• ~'OFID~'.•• P J~/j , y' n f~ ~N ~, being firs[ duly sworn upon -~-`-~'m ~ -~~ oath, depose and say: (city) (state) 8555830 A,A ~h'i ra. .,el:i. y. Raawl Y TIME ~ e/Cr ~ M DATE yp -.L$~J JDHN MBTIDh ii CDROL'11 Deoul~~J ~/o ORDER# 22388-W Isw°° aao.e ~ ~" Fw geoi°'"e ah+l '~ DEED OF TRUST 2 6- 1 00 3 5 4 2 19..8,5 rThe DEED OF n R~IT~T (^Seeur [y Inslrume"rvt ~...._._ _. _ ..............._ _..............,.,.,....n.a.E.t...7.N.OBSA.N.D...p...............t ..............................Dollars xx er dated the same date es Ibis Security Isstrument '•(U.S. 5......25.,,O.OA...0.0.*.J!Thisdabt is evidenced by Borrower's nose aid earlier, P Y (Note") p f~1.B""""""' P due and sable on ......................D.A,Z,A,D,;R,1.~n1.995 es far mcuthl secures to Lender. (a) the repayment of the debt rid Ylvaymenls, with We full debt. ifnot modifications; (b) the encetl b "'°^-~-~~~~ This Security Instrument Securit Payment of aN other sums, with interest advencWeunder pareg Iph 7[oll ro ct the e% y Instrument; and (c) the performance afBOrcower's covenants and t`"$1Ona and [he Note. FOr [his P security of [his described Purpose, Barcower irrcJacabl egreemrnts under [firs Ygranls and conveys to Trustee, in tr0al, with ow~unty lnatrumen[and Propertylacated in ..........................................AA.A. ....................................................P afsek. the following ~~~~~~~~ ~~~~... County, Idaho: LOT 20 IN BLOCK 2 OF CAROL'S SUBDIVISION N0. 2, ACCORDING TO 3248 OFR ECORDS POF?pDA ECOUNTy FIL ED IN BOOK 39 OF PLATS AT PAGE IDAHO. which has the address of ...........2fi7.J...L,ES.I.i.e..,W.ay,,,,,,,,,,,,,,,,,, Idahc .......................k3.4.42....................... PrlslreaR ........................................IRE.R.LA..I.AN.................... Inn cw.l ( openly Address"); Inbl 7oeETHER WITH ell the improvements now or hereafter erected on the propert appurtenances, rents, royalties, mineral, oil and gas rights and profits, water ri fits hereaRerapan of the property. q(Ir Y and oil easements, rights, foregoing is referred to in [his Security Instument ea thea~Prop¢ ~~~also g and stock and all fixtures naw or be covarcd by Ibis Security Instrument. All of [he BORROWER COVErvhrvra Ihal Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Prop¢rty is unencumbered, except for rncumbmnces o(recoN. Borrower warrants and wdl defend generally the title [o the Property against all claims end demands, subject to any encumbrances of record. THIS $ENRITV INSTRUMENT cpmbinea unllnrm envenants for national use and non- . limited variations byjurisdictien to constitute a uniform security instrument coverin uniform covenants with ,, g reel propmy. IDAHO-single Family-FNMA/FNLMC UNIFORM INSTRUMENT Form 3013 lygg MIe a.V aralEaa aHe FOPMa ceuyao,n ' NON-UNIFORM WVarvgNla.nuuuwc, mm.....u.......„,_ _ • Ip. Acceleration; Remedlee. Lentlv shell gin vo4M td Bafrexer prior to eeeelve4on following Bortuwv's breech of any cotenant velgeemedt In Mfn5aeuAty Ivplrumvpt (but not prior to acederafkn usurer pvegrvphe 13 and I7 wlesa eppliceble law provides olhafwlael. The votlce shell enacRy: (>) tba defeulq (b) the.ecdon required to cure the default; (c) a dale, not lev chin 301hsya lrpm the Ask the vodtt le gtvev to Bormwa , 6y whfah Che dOfavlCmpat6e anred; and (dl that !dive to rote the default od ae before the date ep0plfled in the hptlce mdy rvelfin acneleratloa pFthe sums secured by this Security Instrument and cote of the Property: The oo4ce ahdl further inPOprn.lBorrower of We 4ghtta relvslate after accelere4ov evd the rlah[ to 6Rn° a °n„M 6.H..., i. ........ .._ ___ _.,_...._.. .... ... al its option may require Immediat< ~ ~~~~ ' °' °P'L F°YnmumlM npuce, Lenaer pnymevt iv fu6 of all soma secured by this Security Ivatrummf wlPhdut (mihv demma and may Ivvoke the power of sale antl my other remedlae pvmltted by applicable-law. Leodv shrill be ¢p64ed to collect ell expermee incurred In punWng the remedies provided Iv this paragraph 13, indudinB. but not 4mi[ed [a, reasonable attorneys' fees and caste aP4fle evidmm If Leader inrokes the power of aria, Lender ahW eaecuk or ceuv Trustce to execute written-notltt oI the otturt¢nce of eo event of default and of Lender's electlon b ease the Propvly ro heaold, and shah cause such notlee to be recorded iv each county la which any pvt of the Property Is lacakd. Lender ar Trustee ahdl mdl copies of the notice as prescribed by applicvble law to Bonowar and to other penons procrlbad by applcable Inw. Trustee shill giro publk notice of sale k the penons and in [he manner prvcrmed by.epplieabk law. Afty the lido rcgWred by upp4ea61e kw. Trvstee, without demeod an Borrowv, eha4 sell the Property at pablk auction m the highest bidder el Poetlme and place end under the krms dvlgmted io.th¢ notice of ale lu one or more ercele and in ' may paetpone sale of WI arm P any order 1}ustee detarMnv. Truslae y perttl of the Properly by pabllc anvourwmsm[ at the tfma and Platt dP any previuuely scheduled sale. Londcr ar im dvignre rosy purdrase the Prdpvty at any wle. Trustee shall deliver m the purchaser Trustee's deed conveying the Properly wlmout spy covenant or wartevty, ezpressed or implied. The rmilde in the Trustee's deed eba4 6e prima Pods evitlence of the troth of the statements made therein. Trustee shall epDIY the proceeds of the Bale in the following order. (W a all expmsv of Ne sale. indudin& bur no[ limited lv, reesoveble Tmata'e aM mlorn¢yv' fee; (ti) to a6 some aecved by this Security Inatrumevh and (W my ezcros b [he person ar penons Iege11Y ehtl4ml k ft. 2U. 4ntler Iv Pomession. Upon ecCelemnpo under paragraph 19 or abandonment d the Property; Linder (in Person, by agent or by judicially eppomsed rccervv) shall be entitled to enter upon, take possmsim of end meoege the Propeny and to collect the rmb of the Property including throe pas[ due. Any rents edlected by Lender or she recdva shall be aPPlied fins to paymmt of the costs of mermgement of the Propeny vvd collection of Tenn, including, but na[ limited to, receiver's fees, premiums on receiver's bonds end renmable envrmyi fees, end then to she sums ucurctl by this Security Instrument. 2l. Reconveyance. Upon paymem of ell sums secured by this Security Instrument, Caroler ahdl request Trustee to rewnvey [he Property and shell surrender this Security instrument and all note evidmeinS debt secured by this Security Instrvment m Trustee. Trustee shall recmvey the Propeny without warranty and without charge to the person or persons Irgally entitled m i6 Such person orpersons shall pay any recordation coats. 22. Subatltme Traske. Lendtt may, for any reason ar cause, from lime to time rcrdove Trustee and appoim v successor truscee to any Trus[ce appointed htteunder. Wi[hau[ conveyance of the Property, [he auocrssor trustee shell succeed to all the title, power and duties conferred upon Trustee herdn and by applicable law. 23. Area and Locution of Property. Eithv the Propeny is not more than twenty vrv in area or the Property is located within an incorpora[etl city or village. 24. Riders to this Security Ivatrumml If one or more riders are executed by Borrower and rurorded together with shis Security Instrument, [he covenants and agreements of each Such rider shat] be ivcorpofatai into and shall amend and supplement the covmsants and agrcemenb of Ihis Security Instrument as if the rider(s) were a pen of this Semrity Instrument. [Check applicable box(es)] AdJUStable Rate RWV ~ Condominium RWer ~~ ~ 2~i PamilY Rider ^ Graduated Payment Rider ~ PlennM Unit Devdopmenl Rider ^ Other(s) [specify] HY SIGNING BELOW, Borrower ettepte and agreRb [o the IermE and covenants mvmined io Ihu $ecU4ty Instrument and,in any rider{a) executed by Bartoweraod worded with IL I C X~,aP ~F~./nT.,..41N 4,ge~ ,w,.,.Ga. (Seep ...-w,mwur Die/tier W. niese/7mann M._LC.~.Q>.....1...._.....CL`h. $/l..f.C L.S,.~.r.L..cx<5.g5eap Ce11a P. Wies emann '~°"°""' iSgLn aebs ThIL Llnv rx ALMpnNtlp,eMl STATE OF IDAHO .. .. . ADA .... .. COenly ss: .~ ~'~ Qsr•this T.H IRTIETN dap of .$EP.TEMS ER ..1985, before me .. .. TNE.. UNDEKS IGN ED aNomry Publicm and for said county and stain personally appeared DIETER .W. WIESEMANN AND. GEL IA P. ANN. w: HUSBAND.-AND .WIFE '. known P!{PfdYW.ta me to be the person(s) who executed me torcgomg~m'I;~~~d~ledged to me that .Cisy, cx'CauECd;Uhe same. ' ` i ~ '~ NORWEST FINANCIAL 4 Upwnnrss s~heregfl have hereunto sal my hand and afixed my otflcial seal the day and year in Ihis certificate first oboes waitten. . .- ~ ,i; -s ".. ~. ` /. rveuw avwm new°r rl BOISE IDAHO REQUEST FOR RECONVEYANCE `~°~\ TO TRUETEE: The undersigned is the holder of the nom or notes secured by this Deed of Trost. Surd nose or notes, sagcther with all other indebmdness secured by this Dced of Truss, have been pail in full. You are hereby directed to cancel said note or noses and this Deed of Truss, winch arc delivered hereby, enU to rcwnvey,wi[hout warrenty, dl the eataic now held by you under this Ored of TrvM to ihr person or persons legally entitled therein. Darr :. ........ .. .... ® ......... .... ..... .... ~..... .... ........... i v ~ IMM 5 Y % n ~N p, A: vo. 1 ((i ` .. l 1' f f~, r' I ~' FFIDAVIT OF L J EGAL INTEREST STATE OF IDAHO ) ) COUNTY OF ADA ) I, ~AI~ ~c~ rL. (Z ~NSe,.I ibg3 N , a {-h/ 1~t (name) (address) ~Catht~a ~~ being fast duly sworn upon oath, depose and say: (city) (state) That I am the record owner of the property described on the attached, and I grant my permission to: ~~ lb ~ ~~ yAa ~ ~~ ( ~.~'~~vl~ ~ (nom dross) ?i ~~ 2. I agr~ 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. Dated this /,( day of SUBSCRIBED AND SWORN to before me the day and year first above written. ~`r' S r '"tii t~OT'4RY~i ~.+ S jDUBLt~' d'~L. t' O ~~~4~gT8 ~ 9~~'~. ~~ ~~ Notary Public for Idaho Residing at ,Qi-'s c My Commission Expires: ~ 2S ®g to submit the accompanying application pertaining to that property. .- • D'csrNa S?-66pp73d;-NO waRfu-r~rr osEti FOR VALUE A@CENED HICRAEL PgRX GRgNOy and CHERYL K, GP.gn'py, -_, o, nd and ulfe GIiaNTDR(s), doea(do1 Irereby GRANy, 9AARGAIN. SELL 9no CONVEY : ^.ro pALTEA A. JDHN3pN and vIAGINIA L. JDHnpVR, nueberld and t~;Te GNe~kN1YEEl6), whose euroernaetltlress rs: 1u83 Jue rln Place, Her!dian, Idaie 83612 rq oeaerlhed Po d in roero DBItiGUlatry d9acdpeD a3 f011owa. 1c wlt: Ade :a:n:,' State n( Nano. Lo[ 36 In ploek I oP CAROL'S SUBDIVISION N0. E, ae CC Icing co the o£flelal plat ehee eof, filed !n poor 39 of Placs ac Pese 3P4B, records o£ Ade Coua Cy, Idaho. rases c 20 HAVE AND TO H ~ -- 6rerlfeeHy) neUS end asst OLD me said Drem~sae. Mtn me:, aoDVrrorrences unto Ina GraMe a. mat G nto ~ braver. And :ne said GrerrtortSl doeefdo net sa.y Grented(sl. arm all ro rl~ le(ero me owners) In tee simple of sew ) soy cotenant m arse wnn Ina saro enuvmGranoes. FJrCEFi those to wNCn mis con DromiaBB: that solo premises are Iree tram an Dare ey fhe Gronree(a),' antl suU'em to tey~ee 16 eaDressly matte Sabfaet anO lr~e made, 4uABred pr eDraemenro, flraMldroce r ra80NatiMe. rostfiCt:W1e, dedicarlMS, aesemenro, ,ghro M wa arry7 for the CurroM year, wNM a e MI yal due e. Q ~"~1Aenre. PnUudlnp fodganon an0 utiliry aasesa,nents.~it from ad IRwhrl claims+tAatsaever. yabre, and mat Grantorts) wet warram and nefend me same Deiatl: AUGU52~, lpB6 srat8oc v,s>,t^°."" 6inrm ..1ti- ..... . iMwgwsbap,e NOldry raree Xc~ F •. .. ~ ~~ GRANDY, bar al:orney in fac f11WE rf IQrna1K4 tl 1M nrhb ,m,n•~i 'kaNOwreDOalaswT. w..m,yy ;, rw, n :TAtY OFD. Cowin d ~~ ` ne , ~,~-a~ 6 d . d e . r .r ~~~~ - u u c x~.i . M°rv n'e.!¢r wd...,enee.. N.,.n Pusl4 to as fm and S PLO 1 ~~., ..~ __....w.,cya,em T[,^~fYS,siDrd ~~en.e ~~ n il4 ter' ~ ~:: ~BrynMNe: ~ lJ-b+ `• . ixrm~o ss pnorad. ' .~ ear x •,mme.. r r ~:.romc• cc iannww" ~~~G~MC• Mwrem, ReNasp al; Sr a.I,JII Wk .Mme.. ~. w/ewnmaelenamea~ ~I ff k `~`^~ >.,.. M•• ~Fnn. I ThH tOrm Iurnie.~.. .... •-r .. ... STEv~A•RT B'I'LE OF IDAHO, Inc. I TOTRL P.02 .AFFIDAVIT OF LEGAL INTERE~ STATE OF IDAHO ) COUNTY OF ADA ) I, l5 to . (name) ~a~~ cJ(/57i~u ~~ (address) ~~/~`~~ ~~ being First duly sworn upon ~ oath, depose and say: (city) (state) That [ am the record owner of the property described on the attached, and 1 grant my permission to: '~ ~C~~(,~S ~. i~.~'/IC~GI/'`~ ~.t2G5TG~ G~ _ ~ /11~~~rlk, T/ds~~ (name) (address) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this ~% i day of ,~ Zo ~~ T~ZG 5? (Signature) SUBSCRIBED AND S WORN to before me the day and year first above written. ipuurr.+. A d.® ,` 'f ~gannarr"~ f // Public o [daho Residing at e.-i:dZ ~,~, T1 _ ~o My Commission Expires: (o $ O - ~I'~,Q~Q~aF-~ yJ~(', RECOROEO-RE UE5i0F CUuNT COH ER"' ~ ~ OAVIR HAVpRHO ^; , ~n~4;~ FEE~O kRIX)kDING kEQ[1I3S1'['sl) HY AND MA[L TO: DENNIS GEORGE BROCKWAY Z~i)Z ~~ 22 Q~ ~Qt 3 p ~ 0 2~ 2 ~ J L~ I l OS9 Justin Place, Meridian, Idaho 83642 REAL PROPERTY DEED TO TRUST DENNIS GEORGE BROCKWAY and MARY LOUISE BROCKWAY, husband and wife, do hereby grant and convey for valuable consideration to the TRUSTEE, DMB FAMILY TRUST, all of their REAL PROPERTY interest now held or hereafter acquired in the following described real property, located at 1059 Justin Place: See Exhibit "A° attached hereto and incorporated herein by reference. To have and hold the said REAL PROPERTY as TRUSTEE. The TRUSTEE is DENNIS GEORGE BROCKWAY and MARY LOUSE BROC'KWAY. The Grantor of this REAL PROPERTY DEED TD TRUST is also the beneficiary of the DMB FAMILY TRUST. The address of the gran[Jre is 3059 Justin Place Meridian, Idaho 83642 Dated this ~ day of ~~ , in the year ~~~. G. SROCKWA MARYL ROCKWAa~ STATE OF IDAHO COUNTY OF ADA On this ~_ day of t, ~ ~~u J in the year _2~, before me the undersigned Notary Public in and for the State of Idaho, personally appeared DENNIS GEORGE BROCKWAY and MARY LOUISE BROCKWAY, husband and wife, known to me to be the persons whose names are subscribed herein, and acknowledged to me that they executed the same. 'SS VPNEREOF,1 have hereunto set my hand and affixed my off ial seal the oaY e ova. /~"~ ~~~~tp9s`9y G ,.~ a r{Y -°~ Z, otary Public for Ida OF -__ U~+c •~ AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) ~7e u las T. M e C~e r I, ~di~ ® tM~re,- !d 3 5 ~us'7r'i'a ~lecei ~S-;~~ .„ lda ~n (name) __LQ3 S Sc~ s {- >.. P/a Mc n r~r 4 n~ ~'dt/Ee (address) `7YI q..~ ~ j o~/I =~Q ~ o being fnst duly sworn upon (city) oath, depose and say: (state) ~• That [ am [he record owner of the property described on the attached, and I grant my permission to: ~~ r ~`+~+H7 w8~ s w -,/_m S 4 r~ed]F' ~ ~ ~+ p ~ ~! (name ~ "t ~ ~+ `~ z ~ ~/ P 9 ) (address) 4"' ""` ~ ~ to submit the accompanying applicatio p atmng to that property S~~Qe{ ~e -I-ke eK~-e.p't`; on s re,~,q.ec i n -/-Ae .~.#~~,~ fie. L7'4-. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this f3 t~ day of '??io~.c~ ®~ 20 0 3 . `~ ~,~.~- a (Signature) SUBSCRIBED AND S WORN to before me the day and year Frs[ above written. • ~ ~~ ,1~ ~~.. o ubl' r [d ho Commission Expires: a 3 009 Brad Watson, Meridian City Engineer Meridian Planning and Zoning Department Meridian City Council March 13, 2003 This letter is to request that our Property at 1035 Justin Place, Meridian Idaho be annexed to the City of Meridian with the following two wavers of city ordinances: 1. That the open canal in the southern portion of our property, in the right-of--way currently in use by the Nampa-Meridian Irrigation District, be exempted from the city's open-ditch ordinance, and that the owners of said property will not be required to cover this ditch at property owner's expense. I offer the following justification for this waiver: a) The open canal is safeguarded by fences and locked gates, and therefore is not a risk to public safety. b) It is unfair to place the burden of covering the open canal left by the previous development of the Leslie subdivision on a single property owner. If covering of the canal is deemed necessary for the annexation to the city, the expense should be borne by the entire subdivision or by the City of Meridian. 2. That the allowance provided for in the subdivision's covenants for maintaining up to two large animals (cows or horses) on the subject property be continued to be allowed after annexation to the City. Justifications are: a) This is apre-existing covenant that has been exercised and enjoyed by many residents of the subdivision. We have maintained two cows every year of our residence here. b) Adequate space (one full acre of pasture) and containing fences are in place to provide for the animals, and not be a nuisance to neighbors. c) The animals do an admirable job of mowing and fertilizing the pasture grass, which would otherwise present an eyesore of overgrown plants. We request that these exemptions be agreed to and provided in writing as part of our application for annexation to the city. If these exemptions cannot be provided, we do not agree to annexation to Meridian City. Thank you for your consideration of this matter, Douglas J. Mellor RaN e O. Mellor i ~ r:r `. waivx^~ ~~ ; . ,; I ~ ~ ~ ~` T' Fnr V¢Iua Rtodivefl -' ~ CHA];LES H. MIDKIFF AN~1 GHERRY M;DKtFFi .husband anil wife -. the STand'.rre , do hereby Brant, bar 1 gain, eeU aadconvey unto - DOU~.iLAS JAY ME:LLUR ANI> R~ NAE"piLSON MELLOR, hueband.8nd wifd thagranlr4es,whosecurrentac:dredeffi167!i HillAoad, Boiea, Idaho Iiho faVln'wing.desortb3d pramiea<t, In Adai } Ooilnky TdalJO; to•wit: LoC 14, Block 2, Carg1°s Subdivision No. 2, according to tha official plat theirs, f, filed in Book 39, of Plats, at page 3248, records of Ada+County, Sta~ta of Idaho. TO HAVE ANLI TU HOLD the said lu'emleee, with their appurtenances unto the said Granl'aos , T heirheire and aJSiyns forevdr...~'ait tha said Grantors do harehy covenant to and with the Wald Granted s, that they ara tha ovpners in fed simple of said proatises; that they ara fkee from all incumbrandes except easeme¢te, restrictions, reservations, rights of way, record. and 1978 General Fro~party Taxae. and that they will warrana and defend WIO yams from all Iawfu] claims whatsoever, \D/_a_te_d/~: March 2?, 1978. ,~~` , C/HARL S H. Ml~d~ eTATfi OJf IAAA:~O, ~Q/OANTY O On Ehio ~'P-~{` lny of ~ ,~~,.~ , 1D ~` before me, o notary public in and ~ha es[d BEate, Pen eonally apPruuel~ ~/ ~ /o ~ ^° known ka.n[ol' Ito be the Person mho~e name eubnedlbell tr•',tlio'wythin.lnotrnmenk and acknawledaod to ouei4aftr.: • ..• y. '._ ;.... exeoutxd the mlme. -. t4, 'EslS oh! l.~. , Idaho i ,;7- ~~~~ _ -CHERRY MIDKIFF ~ ~~ %TAT}; OF 1DAh[0, COUNTY OF ~(,~I ~ri I heo°by certlfg thnt Ehla lnoErumenE wa3 filed for reeord at rho rog~°usE al~Igll ~iii~ at (? .S minotes PesE /~~ o'ulock/Q M., ~i° ~Z~ day of C~a.(~. 197 In my ae, ^sd duly reconlod in tla olc or Aeede at Pugs ' U:(Bab'tRfVC£ A. IP LAMTIING ~../ 8-,S DePUty. Fees $ Jx>a ta.; 3W NOgTH nIXtH 9THEE'f P0. BDX 3fi: B 8045E.IONH093T61 Is'Oa1343~388T I,be Vliln e~l:d ~°Il,l,ill IV Illt..;9 G41T emvlew Avenue. N4319A%p4) IuM illl4eryl iru51 Cnl' ~WI°YI I~Ob13Yfi eJeO AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) I, M 4.rT, v- e~ cs.l\ ~ p y R N J t,t..s'~ i to M ee (name) (address) _- ~ \ er i a~ Q>1 3 ~ being fast duly sworn upon cat oath, depose and say: ( y) (state) That I am the record owner of the property described on the attached, and I grant my permission to: (na a (address) > ~ ~ ~~~ to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and i['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. Dated this / .~ m -~-_ day of ~~ /+~c-N.~a~ 20 c?. ~+'..~~~ Signature) SUBSCRIBED AND S WORN to before me the day and year first above written. ~. r any ~'~ ^_A~ m.+ s Y n C 4`J~~w S, t: S1,CJTA `~, QO .f'1JLt ~ C~) ~a ~e_ , ` ~=, ,~" ~`~'ea„~L' ray: ~~ 03`x; ~~®~ o ~ c.~~ a Notary Publ or Idaho Residing a~V,f(tQ.., ~~ My Commission Expires: ~Q'~~ , . . ~ f.. ,. ,~, [BFaco+lbore lLie Lice FOr $eaordio~ paq] non of TxusT THIS DBFA OF TRUST ("Security ]netaumeat") ie ode on Jane 24, 1996 The grantor is 1tILLIAN H BALL and NAHY LYNNE BALL, HUSBAND AND WIFE First A>.erlaaa Title Coapaap of Idaho ("Borrower"). the trustee is Sons Federal Savings and Loan 7lssot:iation of Nastpa (Trustee"). The bene&ciary is which ~ o~~~ ~ ~etm8 under the laws of tLs united Stataa of Arer9.aa 7930 Fairview Avenue, Geis, ID 83704 ,and whose address is FOURTHHN THOUSAND FIVE HONDRHD AND 00/300„~~") BottowuowesLendertheprincipalaumof Dollars N•S. $ 14, 500.00 ~ This debt is evidenced by Boaowa's note dated the same date as this Security Instrument ('Note"), which provides fair monOtlY payments,. with the full debt, if not paid earlier, due and payable on June 74, 1001 , 171is Secutity Instrument mutes to the Note, with intemet, and all renewals, extensions and Dender. (a) the repayment of the debt evidenced by intet~st, advanced under paragraph 7 to pentect the seowrh~•y ~ t~m'sa~f thb Noto; (b) the payment of all other sums, with Bcsrower's covenants and agreemenq undue this SBO~ h>etrument; and (c) the performance of granty and conveys to 7kustee, m trust with Seounty Instrument and the Note, For this purpose, Borrower irtevocably , power of salo, the following deaca'bed property located in LOT 12 IH BIACK 2 OF CAHOL's SUBDIVISION NO. 7, ACCOHDLN6 TO TB8 County, Idaho: OFFICLAL PLAT THHRHOF, FILED IN BOOR 39 OF PLATE AT PAOH 3748, OFFICIAL RHCORDS OF ADA COUNTY, IDAHO. which has rho address of 1058 JusTIN 'PL 47 (Stored Idaho 83642 (~T+'oPmtYAddress"): [yr case] NHaIniAN [aryl P»O-SiagleFemily-- ~ssteY~LdPted4leMacUni[ormlnen~s®mt Loan Numbart 0430010954 Form 3013 9/90 ItEM ferau lean) (Page! of'6pager) afaanuto ^ io OelerCek 1•t00d30dtNL7fa01B•701.1191 AFFIDAVIT OF LEGAL INTERES~ STATE OF IDAHO ) COUNTY OF ADA ) ~ (name) (address) ~~~ ~~~ ~ being Fus[ duly sworn upon (oily) ~ oath, depose and say: (state) That [ am the record owner of the property described on the attached, and I grant my permission to: (name) (address) to submit the accompanying application pertaining to that property. 2. [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. Dated this ~=~¢ ~y of 20 ~/.~-~0.~ v~ (Signa ure)~ SUBSCRIBED AND S WORN to before me the day and year first above written. ~. "! ~?'v~a. tl t .`Yr :~~ b ' aTlm~. ~ ~ C J3~- ,~^,"~ ~` ~¢~ z.`r, , .. Notary publlc)E'or [daho ~n ,dp ~ ~~,,,, ,M~ Residinga ~(~t .sS~teJY~G~.St/ My Commission Expires:~~~~ • „rcANTY DEED r.mua .,m tu, .ae nr arw.Yurp coo,i.ov, eol.. , '79f 4'702 -~ ^efofilmed ^ ^ Platted Deed Ca d ^ Key punched ^ To Treasurer ^ dexed ^ r Compared ^ Master File ^ Abstracted ^ ^ ^ _ ' WARRANTY DEED r,. (CORPORATE FORfup HOSAC BROTHERS, INCORPORATED a corporation organized and existing under the laws of the State of Idaho, with its principal ofilce at 2128 North Cole Road, Boise, » County of Ada ,State of Idaho, grantor, hereby CONVEYS or GRANTS and WARRANTS TO Marlin R. Glaesemann and Beverly J. Glaesemann, husband and wife, of Ada County, Idaho, for the sumtof One Dollar and other valuable consideration ~ the following described tract!>!) of land in Ada County, State of Idaho: Lot 10, Block 2, Carol Subdivision No. 2, as recorded in Hook 98 of Plats at Pages 3248 and 3299, Records of Ada County, Idaho. StAlE Of IDAHO. C9~IKi7 na gpA, ee, onearotrowmalmtna«sl.~~ctyy_____ CHICA60 TyR~LECII. ' . esl~aa~loct^I N Ih~i~~'~ayol /i0~1 ly~~ 1 BASIIDA, sec , - Deputy Location of above described property 1106 Justin Place Rouse No. Street The ofiicera who sign this deed hereby certify that this deed and the transfer represented thereby was duly authorized under a resolution duly adopted by the hoard of directors of the grantor at a lawful meet- ing duly held and attended by u quorum. In witness whereof, the grantor has caused its corporate name and seal to be hereunto affixed by its duly suthori_zedA.fncera this day of , A. D. 1s - ' •~? ~ ~~ , f~" ~` HOS B OTHERS, INCO PORATED ' ~ '.Its. ~v~ i' ':- - 1 ORPORATE NAME, ••~ s , . ~ 'y 1, ~ PRESIDENT e y ~ S ; Attest: , aX' ~"-' ~~. State ot"Tdalxp,`; ', 1 SECRETARY County of } se. _ On the ~ OTN day of NBVem~,e , A. D. 19 99 personally appeared before me Steven w. Hosac and Robert Hosac who being by me duly sworn did esy, each for himself, that he, the said Steven w. Hosac ie the president, and he, the said Robert Hosac is the secretary of Hosac aro thers, incorporated ,acorporation, and that the within and ' forego{ f ent was signed in behalf of said corporation by authority of a resolution of its board ~ ' of di~ ~ Steven W. Hosac and Robert Hosac eadb^ vty ~ackn0 edged to me that said corporation executed the same and that the seal affixed is the "~ seat of ~S~iGi'.ooAp~ra~on. _ ~~~~~~~J~ O r.n B6AL1 iI.RT GU6LIC1_ ~~~. ~:';': Y residence is 1, - - .. , ~. My commission expires - - MAIL.DEED TO: MAIL TAX NOTICE TO: Name Addres ---_- '' -- ' City $ State ~;,, ,_::.~ .AFFIDAVIT OF LEGAL INTERES• STATE OF IDAHO ) COUNT OF DA ) 1 (name) ~ (address) being fustduly sworn upon oath, depose and say: (city) (state) That I am the record owner of the property described on the attached, and I grant my permission to: /. _. r (address) to submit the accompanying application pertaining to that property. 2. I agree [o indemnify, defend and hold the City of Meridiap 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. Dated this - /~ day of 20 SUBSCRIBED AND S WORN to before me the day and year first a~ove written. opeeweettak, 44 ,~ ~O e~ ~A J ~' ~° gyoTA~+ . N 1 O a rv X i ®o® R 7~f us AUI3LZG c.'* o "~~400~~~ OF 19~"~~a' Notary Public or Idaho t,, ' Residing l~.'(\0~ ~,,,p~ i My Commission Expires:~~(~ DEED OF TRUST 853445'7 THIS DEED f)F TRUST is made this....1..5t .................dey of.. AHg45'k .................., . 19.$8., attrong the Clrantor,.R?Yrtgnd .,jt.Kpng. Aqd J4dY.l~.•..K89@,.IfO.sDg7d.4pA.l+,Ife ............. .4gh'Yets.Tli;l6.S9maany..4f.JAehq„_.,.,....(he'rein.'Borrower")h,~,^.......... CtE,,Hptton or O.A. Hu o ~~~~~~~~~' • • • • • • • • ......'k'r. P,. .h4548P4, and ,Kj }e ( "Trustee"), and d1e Beneficiary, - existingunderthelawsof ............... """"""" acorpomtion organized and 7602, Canyon DrI .................. ....... whoa address is.................. .. YP ...............a.MerldlaR+..j44hp..~84~, ... (herein "Lender"). BoRRnweR, In COn8lderatien of 111E mdebtedness herein recited and the tN9t herein CreatW, irrevocably grants ,Ada and conveys to Trustee, in trust, with power of sale, the following described property located in the County of Lot 3"Io Blot:k~2~of ~dARI)Li5 SUBCIIYISION tCOfldaho: filed In Book 36 of Plats at pages 3164~and~3165;tgamanded byfan Leff Pdav It recor0ed July 12, 1977 as Instrument no. 7732000, records of Ada County, Idaho, AND ALSO A portion of Lot 4 In Block 2 of CAROL FS SUBDIVISION, according to the official plat thereof, filed In Book 36 of Plats a pages 3164 and 3165, records of Ada County, Idaho, as follows: - [thence Westerlq alongtihes5outh Lot Ilne of asaldoLot~4B116k85~feet~,Lmorel~orDlless~N~ thence Northerly to the Northeast corner of sold Lot 4, thence Southerly along the Easterly Ilse of said Lot 4, to the Point of Beglnntng. _ which has the address of.3047.Leslie.Dr.Lve ................ktaz;CdLall,.ldahn ..83642. ..........., tsv.en .. .................. (herein "Properly Address"); [clot • • • .lalrte me xlp etgal TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents (subject however to the rights and authorities given herein to Lender m collect and apply such rents), royalties, mineral, oLl and gas rights and profits, water, water rights, and water stock, and atI fixtures now or hereafter attached to the property, all oI which, including raplecements and additlons thereto, sha0 be deemed to be and remain a pan of the property covered by this Deed of Trust; and all of the foregoing, together with said property (or the leasehold estate if this Deed of Trust is on a leasehold) arc herein referred to as the "Property"; To SecuaR to Lender (a) the repayment of the indebtedness evidenced by Borrower's no[e dated........... .August. ).,..1988......... (herein "Note" , in the rlnci al sum of .0ne. hundred .tYeJ ya .thousand .and no/100.rr------ ............. ) P p ....................Dollars, with interest thereon, Providing for monthly insmllments of principal and interest, with the balance of the indebtedness, if not sooner paid, doe and payable on .August.l...1.948 .........................: the in accordance herewith ro protect the security of 41is DeeadY t Trust land theumrf ~m interrst thereon, advanced agreements of Borrower herein contained; and (b) there Pe ormence of the covenants and to Borrower by Lender pursuant to a Payment of any future advances, with interest thereon, made p ragraph 21 hereof (herein "Future Advances"), - Borrower covenants that Borrower is lawttdly seised of the estate hereby conveyed and has the right to grant and convey the Property, drat the Property is unencumbered, and that Borrower will warrant and defend generally the tide to the Property against all claims and demands, subject to Rny declaretions, easements or restrictions listed in a schedule of exceptions to coverage in any tide losurance policy insuring Lender's interest in the Properly. 1DAfl6-I b d Family-af 75-iXMafFNIMC UNIFORM INSIUUMFXT P26i aecu~ ~blyyeheH 20. Aeekn~io. p¢ymeot of G promiume on and the receit 21, Rua by Tnatee m trtutee m soy 7kuetee a •~• uoaer, at Lendw's optl~ the title, power and RPdnted hereunder. Without t Df. Area and Locallon o ep~ urr(WCvyn tha True4e loca4d within m iocorponted dty o ~vilfa~ 8dhw ~ ~• IN WrrHnss WHtia90P, BOROWef he9 exeCa[ed of this ~d of T}uat and the obligations WiHOaal security hereundw, Borrower r m accdwadon under paragraph 18 Re ae thry become due sad payable. ' Lendw, in pyapoen, by agent or by ~rexiver eRRh II be nand to collect --d, but na IhN4d to, ppbed Hrat to the some eecmed by this Deed of T~nrate a iap de xdvca. pp F~re Advaotxe, R monvryance of the Property that paid gotea are eetured yemby°~~ shall 6e of Trust, Lender etiail request Trustee to reconvey aB indebtedneaa yxumd by this Deed of Trus[ ro rt chwge m the person or Petaoas kgahy entitled to time remove Tnn4e end appoint a pucceaeor roperty, the eaneseor trtln4e a aR succeed to atl icable law. n: than twenty awes in area or the Property is na a , Kane1 .............................. J.. /~~'.y'/' .... ............ .....-Beua... Srara oP InAtro,.. ,Ada .............. . ....................Cowry ss: On this.... -1--H4- ~1..~~ before me,. ,sha ron Cent •'•"""•••dey of..... ,?~erF know ~orsonallY appeared ~aymonil, ~J., .Kane. and .J udY • L. ~ •Karie. • liusbo n~ ~br~ep~~ar'ngdforaeid cowty~e~ provW to me to be the person(s) who execued the foregoing instrumen en ~'he ll. executed the same. y:,l. ~.Q .~:.:: _, ...., I t, ~anda~fr~owledgeit•t~a'r<-,that In witness whereof f have hereunto set m ?rx .` '~ ~, `"~~ ''n first above written, Y hand and tt®xed my oBicial eeal the ` ' d' a tl ~' `~t~')It^ a1' '. ~ iii ~~ cettd8cat .............~... 1:~•INIY.~... s. ... ...~ f. :: ~Y t=dtlmisslon expires: 04-07-94 nw.yFUellerota ee.' q ~}'.~~.~~•••~.. To Tavsrae: REQUEST FOR RECONVEYANCE .... . The undersigned is the holdw of the no4 ar rm4s secured by this Deed of with all other indebtedness sreured by this Deed of Trust, have bren said no4 or notes and this paid in full. You arch ~yy dirceted m Cancel esta4 now held b Dred of Trust, which are delivered hereby, and to Y you order this Deed of Trust to the person or persons IegallyreertpH~ therre~tt~t warranty, aH the Date :.......................................... .............................. (epees Below Tale Llrp ReNngtl For tentlw entl peeppe q Requaet altY. Idaho ae TIME ~ ra Tills DATE '7~•_ya~Pp pM~ •IDHN 6'A TI q0() RELb r •~ , Denuly AFFIDAVIT OF LEGAL INTERES~ STATE OF IDAHO ) COUNTY OF ADA ) (name) (address) ~~~~ L~Il9 ~ being first duly sworn upon -~-- DA")-1 t~ oath, depose and say: (city) (state) That [ am the record owner of the property described on the attached, and [grant my permission to: ~f-gEt~ eX-6~J 3 3 /97r4~1r, 6 (name) (address) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold [he 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. Dated [his ~~ day of SUBSCRIBED AND S WORN to before me the day and year first above written. ~,~ o ~ ~i o~~ S V ARMY iT ~P'~OTAgr r o~~.- . 'OUBL\G , Residing at ~,^ ~~~./,, / My Commission Expires':"` • ~ ~$ / ~'/ ZQ(J ~j OF RETURN TO: GMAC Mortgage Corporation 100 Witmer Road ' Horaham, PA 19094-0963 ATTN: Capital Markets IBpara Above TWs Llne Fw Itecontleg Date? 98072720 DEED OF TRUST LOAN NO: 491966005 THIS DEED OF TRUST ("Security Inswgmnt") is made on April 20, 1995 .The grantor is Maureen E. W. Boyle, a married person as her sole and separate property. ("BOrtower"). The tmstee is Alliance Title and Escrow Corporation ("Tmstee"). The beneficiary is GMAC Mortgage Corporation which is organized and existing under the laws of Pennsylvania ,and whose address is 100 Witmer Road, P.G• Box 963, Horaham, PA 19049 ("Lender"). Borrower owes Lender [he principal sum of One Hundred Thirteen Thousand Six Hundred and 00/100 Do118r9 (U.S. $ 113, 600.00 ), This deb[ is evidenced by Bortower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with [he full deb[, if no[ paid earlier, due and payable on May 1, 2025 .This Security instrument secures m Lender: (a) [he repayment of [he debt evidenced by [he No[e, with interest, and all renewals, extensions and modifications of [he No[e; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument and (c) the performance of Borrower's covenants and agreements under this Security Instmment and the Note. For this purpose, Bortower irtevocably grants and conveys to Tmstee, in [rust, with power of sale, the following described property located in Ada County, Idaho: Lot 2 in Block 2 of Carol's Subdivision, according to the Official Plat thereof, filed in Book 38 of Plata at Page (s) 3164, and ae amended by Affidavit recorded July 12, 1977, as Instrument No. 7732000, records of Ada County, Idaho. which has the address of 3109 Leslie Drive, Meridian Isoeer, Ciryl, Idaho 83642 ("Property Address"); 2iP Cadet IDAHO - SinSle Family -FNMA/FHLMC UNIFORM INSTRUMENT ,, / GMACM • CMS.0071.ID 194021 Form 31~13FJi9d Pe9e 1 or 9 Inltlalr: ~°/IrY~iJ 38626476 TOGETHER WITH al~mprovetnenls now or hereafter erected an the property,~all easements, appurtenances, and fixtures now or hereaker a of the property. All replacements and additions shall also be covered by this Secmity Instrument. All of the foregoing is referred m in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has Ule right to grant and convey [he Property and that dte Property is unencumbered, except for encumbrances of record. Borrower warrants and will defeM generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest an the debt evidenced by the Nole and any prepayment and late charges due under the No[e. 2. PLnds for Texe~ and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay m Lender an the day monthly payments are due under the Note, until [he Note is paid in full, a sum ("Funds") far: (a) yearly taxes aM assessments which may attain priority aver this Security Instlument as a lien on the Property; (b) yearly leasehold payments or ground rents on [he Property, iF any; (c) yearly hazard or property insurance premiums; (d) yearly kood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of dle payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, a[ any lime, wllect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage ]can may require for Borrower's escrow account under [he federal Real Estate Settlement Procedures Act of 1974 as amended from time la time, l2 U.S.C. Section 2(101 e[ seq. ("RESPA"), unless another law [hat applies [o [he Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in w amount not to exceed the lesser amount. Lender may estimate the wsowl 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 6e held in an institution whose deposits are insured by a federal agency, ins[rumemalily, or entity (including Lender, if lender is such an ilutitu[ion) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay [he EsrsCw Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying [he Escrow Items, uNess Lender pays Borrower imerest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower mpay cone-time charge for w independent real estate tax reporting service used by Lender in connection with [his loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest m be paid, Lender shall not be required [a pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give [o Borrower, without chazge, an annual accounting of Ule Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security far all sums secured by [his Security Instrument. If the Funds held by Lender exceed Ule amounts permitted [o be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender d7e amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, a[ Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund [o Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender ar the time of acquisition or sale as a credit against [he sums secured by this Security Ins[mmenl. 3. Application of Payments. Unless applicable law provides otherwise, al] payments received by Lender under paragraphs 1 and 2 shall be applied: fUst, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any ]ate chazges due under the No[e. 4. Charges; Liens. Borrower shall pay all taxes, assessments, chazges, fines and impositions ar[ributable to the Property which may attain priority over This Security Ins[romenl, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to d1e person owed payment Bortower shall promptly furnish m Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly famish to Lender receipts evidencing the payments. Bortower shall promptly discharge any lien which has priority over [his Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a mower acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate [o prevent the enforcement of the lien; or (c) secures from [he holder of Ne lien an agreement satisfactory to Lender subordinating the lien to this Security Instmmen[. If 1-ender determines Iha[ any par[ of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying [he lien. Borrower shall satisfy the Tien or lake one or more of the actions set forth above within 10 days of the giving of notice. Form 30 /~ OMACM - CMS.0071.10 (96021 Pape 2 0l 6 initials: ~/ • LOAN NO: 491966008 5. }lazard or Pro Insurance. Borrower shall keep [he improvements now existing or hereafter erected on [he Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or Bonding, for which Lender requires insurance. This insurance shall be maintained in the amounts and far the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. Ail insurance policies and renewals shall be acceptable to Lender aM shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. IG Use event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of [he Property damaged, if the restomtioa or repair is economically feasible and Lender's security is not lessened. If Ibe restoration or repair is not economically feasible or Lender's security would be lessened, [he insurance proceeds shall be applied to the sums secmed by this Security Instrument, whether or not then due, wish any excess paid to Borrower. If Borrower abandons the Property, or does no[ answer within 30 days a notice from Lender that [he insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds [o principal shall not extend or postpone tlse due date of [he monthly payments referred to in paragraphs 1 and 2 or change [he amount of the payments. If under paragraph 2l the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage [o the Property prior ro [he acquisition shall pass m Lender to the extent of the sums secured by this Security Instmment immediately prior to Use acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, aM use the Property as Borrower's principal residence within sixty days after the execution of this Security Instmment and shall continue to occupy the Property as Borrower's principal residence for a[ leas[ one year after the date of occupancy, unless Lender otberwise agrees in wilting, which censer[ shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's cen[rol. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otserwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cut~.auch a default and reinstate, as provided in paragraph I8, by causing the action or proceeding tc be dismissed with a mling [Hal, ih Lender's good .faith determination, precludes forfeiture of the Borrower's interest iG the Property or othFrm~rterial impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed [o provide Lender with any material information) in connection with [he loan evidenced by the Note, including, but no[ limited to, representations cenceming Borrower's occupancy of the Property as a principal residence. [f this Security Instmment is on a leasehold, Borrower shall comply wish all [he provisions of the ]ease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall rot merge unless Lender agrees to Ute merger in writing. 7. Protection of Lender's Rights in the Property, If Borrower fails to perform the covenants and agreements comained in Usis Security Instmment, or there is a legal proceeding shat may significantly affect Lender's rights in the Property (such as a proceeding io bankruptcy, probate, for cendemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary ro protect the value of Ure Property and Lender's rights in the Property, Lendei s actions may include paying any sums secured by a lien which has priority over lHis Security Instmment, appearing in court, paying reasonable attorneys' fees and entering on Use Property to make repairs, Although Lender may take action under [his paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instmment Udess Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon nodce from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making [he loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases ro be in effect, Borrowershall pay the premiums required to obtain coverage sub&[anually equivalent to the mortgage insurance previously m effect, ar a cos[ substantially equivalent [o the cost to Bortower of the mortgage insurance previously W efferA, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower sball pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve Form GMACM - CMS.0077.1019a0a1 PeBe 3 0l B Initials: payments may no longer be required, at [he option of Lender, if mortgage insurance coverage (in the amount and for [he period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or [o provide a loss reserve, until [he requirement for morgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Properly. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any awazd or claim Por darnagea, direct or consequential, in connection with any condemnation or other taking of any part of the Properly, or for conveyance in lieu of condemnation, are hereby assigned and shall 6e paid to Lender. In the event of a ro[al taking of [he Property, the proceeds shall be applied to the sums secured by this Security Instmment, whether or not then due, with any excess paid to Borrower. In the event of a partial [eking of the Property in which the fair marker value of [he Property immediately before the taking is equal to or greater than the amount of the sums secured by [his Security Instrument immediately before the faking, unless Borrower and Lender otherwise agrce in writing, [he sums secured 6y [his Sceurity Instrument shall be reduced by the amount of the proceeds multiplied by the follownng fraction: (a) [he rotor amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Propeny immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property irnn7ediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied m [he sums secured by this Security Instrument whether or no[ the sums aze then due. if the Propeny is abandoned by Borrower, or if, a0er notice by LeMer ro Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails [o respond to Lender within 30 days after the dale the notice is given, I-ender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of [he Property or to the sums secured 6y this Security Instmment, whmher or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone [he due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such paymems. ll. Borrower Not Released; Forbearance By Lender Nat a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Bonower's successors in interest. Lender shall not be required to commence proccedings against any successor in interest or refuse to extend lime for payment or otherwise modify amortization of d7e sums sceured by this Security Instmment by reason of any demand made by the original Borrower or Bortower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors end Assigns Bound; Joint and Several Liability; Cowigners. The covenants and agreements of [his Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instmrttent but does not execute the Note: (a) is rq-signing this Sceurity Instrument only to mortgage, grant and convey [hat Borrower's interest in the Property under the terms of [his Security Instrument; (b) is no[ personally obligated to pay the sums secured by this Security Instmmenq and (c) agrees [hat Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Ins[romen[ or the Note without [hat Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject [o a law which sets maximum loan charges, and that law is finally interpreted so [hat the interest or other loan chazges collected or [o 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 [o make [his refund by reducing [he principal owed under the Note or by making a direct payment to Borrower If a refund reduces principal, [he reduction will be treated as a partial prepayment without any prepayment charge under the Note. Id. Notices. Any notice to Borrower provided for in this Security Inslmment shall be given by delivering it or by mailing i[ by first class mail unless applicable law requires use of another method. The notice shall be directed [c the Property Address or any other address Borrower designates by notice to Lender. Any notice m Lender shall be given by first class mail to Lender's address stated herein or any other address LeMer designates by notice to Bortower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Lew; Severablllty. This Security Ina[mmen[ shall be governed by federal law and the law of the jurisdiction in which the Property is located. In [he even[ that any provision or clause of [his Security Inslmment or [he Note wntlicts with applicable law, such conflict shall no[ affect other provisions of this Security Instmment or the No[e which can be given effect without [he conflicting provision. To this end the provisions of [his Security Ins[mmem and [he Nole are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the No[e and of this Security Instmment. Form 3 l~0 GMgCM - CMS.G071.m (99021 Page a of a Initials/ Gp 17. Transfer of the I~ty or a Bend'icfel Interest in borrower. if all or any pf [he Propeny or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a nawral person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Sectvity Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of aceelera[ion. The notice shall provide a period of not less than 30 days from the dale the notice is delivered or mailed within which Borrower must pay all sums secrud by [his Security Instrument. If Borrower fails [o pay these sums prior to Ote expiration of this period, Lender may invoke any remedies pennined by [his Security Instmment without funkier notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Bortower shall have the right [o have enforcement of this Security Instmment discentinued at any time prior [o the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Propeny pursuant to any power of sale contained in this Sectvity Inslmment; or (b) entry of ajudgtnent enforcing this Security Instmmen[. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under tins Security Instrument and the Note as if no acceleration had oceurted; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited [o, reasonable a[tomeys' fees; and (d) takes such action es Lender may reasonably require [o assure that the lien of this Security Instrument, Lender's rights in [he Propeny and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fWly effective as if no acceleration had occurred. However, [his right to reinstate shall not apply in [he rase of acceleration under paragraph 17. 19. Sale of Note; Change oP Loen Servicer. The No[e or a partial interest in [he Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in [he entity (known as the "Loan Servicer") Ihat collects monthly payments due under the Nole and [his Security Instrument There also may be one or more changes oC the Loan Servicer unrelated to a sale of the Note. If [here is a change of the Loan Servicer, Borrower will be given written notlce of the change in accordance with paragraph 14 above and applicable law. The notice will slate the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or pernti[ [he presence, use, disposal, storage, or release of any Hazardous Substances on or in the Propetty. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is N violation of any Environmental Lflw. The preceding two sentences shall not apply to the presence, use, or storage on the Propeny of small quantities of Hazardous Substances drat are generally recognized to be appropriate [o normal residential uses and to maintenance of the Propeny. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private parry involving the Property and any Hazardous Substance or Environmental law of which Borrower has actual knowledge. If Borrower ]earns, or is notified by any govemmen[al or regulatory authority, that any removal or other remedia[ion of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or Formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of [he jurisdiction where the Property is located that relate to health, safety or environmental protection. NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies, Lender shell give notice to Borrower prior to acceleration following Borrower's breech of any covenant or agreement in [his Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the defaWt; (b) the action required to cure the default; (c) a date, not less than 30 days from the date [he notice is given [o Borrower, by which the default must be cured; and (d) that fWlure to cure the default on or before the date specified in the notlce may result In acceleration of the sums secured by this Security Instrument sari sale of the Properly. The notice shall further IMorm Borrower of the right to reinstate aBer acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Harrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender, a[ Ifs option, may require Immediate payment in fWl oP WI auras secured by this Security Instrument without further demand and rosy invoke the power oP sale and any other remedies permitted by applicable law. Lender shall be entitled to collect WI expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, reasonable attorneys' Pees end costs of title evidence. H Lender invokes the power oP sale, Lender shall execute or cause Trustee to execute a written notice of the occurrence oP an event of default end of Lender's election to cause the Propeny 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 rnpies of the notice as prescribed by applicable law to Borrower end to other persons prescribed by applicable law. Trustee shall give public notice oP sale to the persons and in [he menaer prescribed by applicable law. A@er the time required by applicable ll~f/a/I/wJn,~ Form 3Q-~ OMgCM - CMa.0D11.ID ~94W1 leas 5 or 6 10- Initials: i ~ Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the tune and plain and under [he [etma designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale oP all or any parcel of the Property by public announcement et the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver [o 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 oP the truth of the statements made therein. Trustee shall apply the proceeds oP the Bale in the following order: (e) to all expenses oP the sale, including, but not limited [o, reasonable Trustee's and attorneys' fees; (b) to all sums secured by [his Security Iristrumenp and (c) any excess to [he person or persons legally entitled to i[. 22. Remnveyence. Upon payment of all sums secured by this Security Instmment, Lender shall request Tmstee to reoonvey the Property and shall surrender this Secluity Instmment and all notes evidencing deb[ secured by This Security Instmment to Tmstee. Tmstee shall rewnvey the Property without warranty and without charge to [he person or persons legally entitled ro it. Such person or persons shell pay any recordation costs. 23. Substitute Tmstee. Lender may, for any reason or cause, from time to time remove Tmstee and appoint a successor tmstee to any Tmstee appointed hereunder. Without conveyance of the Property, the successor Tmstee shall succeed [o all [he title, power and duties conferred upon Tmstee herein and by applicable law. 24. Area and Location of Property. Frther the Property is not more than twenty acres in area or the Property is located within an incorporated city or village. 25. Rtders to this Security Instrument. If one or more riders are executed 6y Borrower and recorded together with this Security Instmment, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement [he covenants and agreements of [his Security Ins[mmem as if [he rider(s) were a part of this Security Instmment. [Check applicable box(es)] DAdjustable Ra[e Rider ~CGndOminiam Rider 1-4 Family Rider ^Graduated Payment Rider OPlanned Unit Development Rider Biwcekly.Payment Rider Balloon Rider ORate improvement Rider Second Home Rider ~V.A. Rider Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the tenp and covenants contained in this Security Instmment and in any rider(s) executed by Borrower and recorded with it. G/ Witnesses: ~' eJ ``~ (Seal) Maureen H. W. Hoyle Borrower L(Wi5 SERiNO Louis Serino is 7oinang Ln the execution of instnmlent for the purpose of cottgrlying with Code Section 55-1007. (Seal) ~8orrower STATE OF IDAHO, Couuty ss: _ (Seal) -Borrower _ (Seal) eorrawer On this 20th day of April 1998 ,before me, a Notary Public in and for said county and state, personally appeared Maureen E. W. Boyle, a married person as her sole and separate property. and Louis Serino known or proved to me to be the person(s) who exem[ed the foregoing Instmment, and acknowledged to me that SHE executed the same. In witness whereof 1 have hereunto se[ my hand and affixed my official seal the day and year in this ceniFica[e first above written. Notary Public residing ac GMACM ~ CM8.0G71.ID [99021 Peas B al fi th1.5 Idaho Farm 3013 9790 • AFFIDAVIT OF LEGAL INTERE~ STATE OF IDAHO ) COUNTY OF ADA ) (name) (address) being fast duly sworn upon ~~' '~ oath, depose and say: (city), (state) 1. That I am the record owner of the properly described on the attached, and I grant my permission to: t9~/~~, (name) (address) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold [he 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. Dated this ~ -7 ~" day of `a 1" ~1.~iLv 20 0 J~ ~ /Z~ (Signature) SUBSCRIBED AND S WORN to before me the day and year first above written. lo~ade K~ ~ NAY ~ tary P`'6t or Idaho State oI Idraho eliding at' My Commission Expires: ~ ~-V My Commission Expires On November 22, 2007 p~R-14-2003 10123 I~LIANCE TITLE AND ESCROW i 12086886316 P.02i02 -.,./, .i~/ Gam` AMq'r11I:AN TITLir ~ a0J ~1N1¢ R~VARROER B03S .ItlakO E998 N' ?. $ Pti ~1,~y QLRTCLALM DEED RECORDED-RECUES'fOF FEE ~ pEPUT sao~uzs6 For Value Rereiwd Utnnee M. Beesley, also 4nown ax Connor 8cntley, an unmarried pera(m ss her sale aed separate proputy, de hucfry cMVey, release, mmixa a W forever Boil clava unto CONIVLB M. 8L•NTLEY, m[ gnmarried pasou as her sale and separate pmpctty, whoat address is 3i5a Leslie Drive, Maridiav, tdaho 83602, the follawieg descrihod promises, to-wil' Lot I, in Eloek 1 of CAROL'S SUEDIVIt3I0N, seeording to the OfEiciul Plat thereof, filed in Ronk 98 of Plata at Pase 3164, Off.Icla1 Recazds of ADA Caun ry, Idabn. EXCEPT any parKinn deeded to ads Colmty Mighwny D$strict recorded May 16, 199.+, ss Instrument No. 95017848, records of Ada Cooney, Idaho. This Dend is being recerded cD clarify the vesting of ra.=oral of the pzopexty owner, Connea M. Eentloy. together with their appurtananeas. Da[cd; Apri123, 1998 fkrrEm M_ Rco[Icy C - _ _ _ 1 ~ ~. ... - 7q ,,;' ~ 5TAT'E OP IOAHO ) '^ ~Y~ .~ ;rY a _., ~ as. rotmrtwoP Ada > ..a .-~ ~~ r_ ``+ iii ~; ~5 ~ . ~ ..., r C7 y C: r::: ! On Thu .~~ day of April, in the year 1998, hofm~a, Notary Public in and tar said 5[ato, pcrxoeally appaan;d ~ . :k> t. j C T~ -i c r; . Caav~ FL Bentley, kaosrn w idmitified m me [e '[fie par salllx hope uame(s is suhteribed tq lha withia Instromcnl ~^ `+'s f'' ' `-~ _ , and acknnwled&pitup~~''y'~at~sh~ axe~vled thu ma. ,. f-? 2, U t`q n n "' ~ r ' O~ ~; -y y R.~ ~ R I ~ ' Y~ l1 1 Q3 _ $ ? s? e2 ~ ' Notary Public aI Idalw ~ , Zr ., =' ~ ' r ~ Raidingm Nohn, CJaha ~ i ti t < .~ :" ~i p , O~ Cnmmisaien exldros: 8/14/99 v; ,,,. ~"= rn ~ ~ it Y~ ~ ~ Z s, ~a pCs , ~ 1 -<. ~ T ,> ~ ' - s 1y'q,.~ '" .k C~ yz ~ Y 9 ~ r fl . Wr. / ;J .. . r~ Rl ~. First American title Company of Idaho TOTAL P.02 03/!x/2003 10:17 AM BriB~nB~neerln6 Inc. Y0636{9765 2/Z • D Z 0 ~~ '~J AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) [, ~t//fLT~R G~ ~/GG/f3hCS 3/D4~F, G,ESG/E.O~///F (name) (address) being fast duly sworn upon /Y~~,~~Q/qt/ ,x'/,79 f~D oath, depose and say: (city) (state) That I am the record owner of the property described on the attached, and I grant my permission to: (address) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this /~ ~~`" day of /I'//i~Gf~ , aog~. (Signature) SUBSCRIBED AND S WORN to before me the day and year first above written. p'~ajy'k.~pamNNSp@Z~%y ~e l n~ ~ ~P ~~ °r~ ~ v am' q sy .~ OF t"4 •oq* ~~tasasaaawewn` <A ~„5 : H.? r a s ~ e ~, ~°UI3'~~G a ~ ~ ~ C~.~ Notary Public for [daho A ~ ^ ~ q Residing at .~j~U~ ~tAtY~ v° My Commission Expires: [Space AhoveThls Line For Recording fetal DEED OF TRUST .... THIS DEED OF TRUST ("Security Instrument") is made on September 25, 1998 Thegran[oris WALTER C WILLIAMS and ROBERTA J WILLIAMS, husband and wife The trustee is Stewart Title Cam an of Idaho, Inc. ("Borrower"). P Y ("Trustee"). The beneficiary is First Security Bank, N.A. which is organized and existing under the laws of The United States of America and whose address is P.O. BLx 7069 Boise, ID 83730-9988 ("Lender"). Borrower owes Lender the principal sum of One Hundred Twe I ve Thousand , Eigh t Hundred and No/100 ------------- Dollazs (U.S. $ 112,8D0.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instmment ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on October 1 , 2013 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Severity Instrument;. and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in App County, Idaho: LOT 2 IN BLOCK 1 OF CAROL'S SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 38 OF PLATS AT PAGE 3164, AND AMENDED BY AFFIDAVIT RECORDED JULY 12, 1997 AS INSTRUMENT N0. 7732000, RECORDS OF ADA COUNTY, IDAHO. which has the address of 3104 E. LESLIE DRIVE MERIDIAN ,Idaho tsveep caiYt tziPCOaaI 83642 ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter apart of the property. All replacements and additions shall also he covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Pro arty against all claims and demands, subject to any encumbrances of record. ~ InltWl Initial 1006033534 I DAHO--Single Family-• Fannla Maeffreddle Mac UNIFORM INSTRUMENT Form 3073 9/8g (page 1 of 6 pages) DOTIDI AFFIDAVIT OF LEGAL INTERE~ STATE OF IDAHO ) COUNTY OF ADA ) (name) (address) ~~ ~ being first duly sworn upon ~~'~~ -~--~ oath, depose and say: (city) (state) 1. That I am the record owner of the property described on the attached, and [grant my permission [o: ~ ~~~ , ame) (address) to submit the accompanying application pertaining to that property. 2. [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. Dated this ~~ day of ~( CJIr~ 20 . \ (Signature) -- SUBSCRIBED AND S WORN to before me the day and year first above written. otueeq° O"Oob A. '°°~'s ~~~~ ~~$ ~ t~~ ~~~~ ~ ~ J ~° ~OT'4^~~ w, Notary public or [daho ~ • ~®~ ~ ~ -~ Residing a~~~ ~~ pU$L1G o 4~~~~~ ~n",C°i' My Commission Expires:-~Q °°~°4eeoeaeeo9o The Grantees herein have read and approved the Title File No.: FOR VALUE RECEIVED MICHAEL G. BIR AND LINDA A. BIR, husband and wife GRANTORIs1, doesldol hereby GRANT, BARGAIN, SELL and CONVEY unto: JULIE A. BRANDY, An Unmarried Women GRANTEESIsI, whose current address is: 3086 Leslie Drive ,Meridian, Idaho 83642 the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: Lot 3 in Block 1 of CAROL'S SUBDIVISION, according to the official plat thereof, filed in Book 38 of Plats at Pege 3184 AND AMENDED By an Affidavit recorded July 12, 1977, as Instrument No. 7732000, records of Ada Counry, Idaho. 96088963 A^A GJ..:EC%RCER r. DAVID ;,t,'vABRO 3015E ID TRANSNATION TITLE & ~SCRObV '96O~~C~~T{{2~57.~ Pi~l12Ol~~~Qg FEES pLr _~f[~2~.2=Vr.L'.C(_ RECCNpED AI iHi_fiE0UE5 OF TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Granteelsl, and Granteels) heirs and assigns forever. And the said Grantorlsl does(do! hereby covenant to and with the said Granteelsl, that Grantorlsl is/ere the ownerlal in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject end those made, suffered or done by the Granteelsl; and subject to reservations, restrictions, dedications, easements, rights of way and egreements,(if anyl of record, and general taxes and assessments, (including irrigation end utility assessments, if anyl for the current year, which are not yet due and payable, and that Grantorlsl will warrant end defend the same from all lawful claims whatsoever. Dated: October 24, 7 m~wl~P ~ /t.i'tri. Michael G. Bir da A. Bir STATE OF Idaho ,County o1 Ada , ss. On this 25th day of October in the year of , 1998, before me, the undersigned, a Notary Public in and for said State, personally epPeared Michael G. Bir nrd Linda 4 Bii p•••B~•n,~ •~ known or identified to me to be the persons whose names are subscribed to the within Instrument, end acknowledged G y , ~~~04 AR y to me that they executed the sa e * idd ~ ._ ~~ ~{ G * Signature : ~, , ` j pUBLt O ~~ , ,'~~ /,r ~1',',r."W'~ 1 {~ •.',l~ Na E 7Smao-L~XOfB r r ~ ,~''.'PT ~•••••••fQQ40~ t ' , ~ f ~ ~ y, u J J Residue"at: Ee@7-e, Idaho~y , , rE oe ~••••hsnm••••~~ My commission expires: TP1491B7+ 9-Nj-OZ, Transnation Title & Escrow, Inc. •FFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) I, ~arn~c F L%~~~~ 014/ Les~e U~- (name) (address) l /~ being first duly sworn upon MP_ rim ~ „ J oath, depose and say: (city) (state) That f am the record owner of the property described on the attached, and I grant my permission to: ' (name) (address) to submit the accompanying application pertaining to that property. 2. [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. Dated this ~'/ day of ~ iQ~~ 20 O ~ . 7 (Signature) SUBSCRIBED AND SWORN [o before me the day and year firs[ above written. ~ae3.9~er aia a>~pa,,r~j~ ~ ~OTA~~, '~ o ~ Notary Public r .Idaho ~r o a.~ a ~r $ 4 ~ Residing at ~,~(~.~ ~,~Q <~, M ~'a`~"~~~ ~^"~-~'~` ~m~~' My Commission Expires:~_~ 'a '~oa;~~`•"~ Return To: ADDISpN AVENUE FEDERAL CREDIT UNION P.O. BOX 10302 PALO ALTO. CA 94303 Prepazed By: ADDISON AVENUE FEDERAL CREDIT UNION 3408 HILLVIEW AVENUE PALO ALTO, CA 94304 pace Above This Line For Recording Data] DEED OF TRUST DEFINITIONS Loan Number: 13401-20 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 FEBRUARY 03, 2003 together with all Riders to this document. (B) "Borrower" is JAMES F. HAYMAKER AND PATSY Y. HAYMAKER. HUSBAND AND WIFE Borrower is [he trustor under [his Security Instrument. (C) "Lender" is ADDISON AVENUE FEDERAL CREDIT UNION Lenderis a A FEDERALLY CHARTERED CREDIT UNION organized and existing under the laws of CALIFORNIA IDAHO•Single Family-Fannle Mae/Freddfe Mec UNIFORM INSTRUMENT Form 3013 1 /01 ®6(IDi Ioo051 Page 1 of 15 Ini[ials:~~ 11111111 I III III IIII III IIII IIII DD5.1 ZMP MORTGAGE FOPMS-(8001527'7291 ~f~~.~ Lender's address is P.0. BOX 10302 PALO ALTO. CA 94303 Lender is the beneficiary under this Security Instrument. (D) "Trustee" is UPf INCORPORATED (E) "Note" means the promissory note signed by Borrower and dated FEBRUARY 03, 2003 The Note states that Borrower owes Lender - Seventy-Six Thousand & 00/100 Dollars (U.S. $ 76.000.00 )plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than MARCH Ol, 2033 (F) "Property" means the property that is described below under [he heading "Transfer of Rights in [he Property." (G) "Loan" means [he debt evidenced by the Note, plus interest, any prepayment chazges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. - (H) "Riders" means all Riders to this Security Instrument [hat 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 ^ 1-4 Family Rider ^ VA Rider ^ Biweekly Payment Rider ^ Other(s) [specify] (I) "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. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other chazges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "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 credi[ an account. Such term includes, but is no[ limited to, poino-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that aze described in Section 3. (M) "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 patt of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value andlor condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means [he regulazly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and i[s implemen[ing 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 al] requirements and restrictions that are imposed in regard '~ Initials: ~' -611D) looo5i Gage 2 0l t6 Form 30'13 1101 m oosdoz 'r`lj~~. • M [o a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA, (Q) "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 No[e and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the COUNTY of ADA [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] LOT 4 IN BLOCK 1 OF CAROL'S SUBDIVISION. ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 38 OF PLATS AT PAGE 3164, AND AMENDED BY AFFIDAVIT RECORDED JULY 12, 1977 AS INSTRUMENT N0. 7732000. RECORDS OF ADA COUNTY, IDAHO. Pazcel ID Number: 81294540040 which currently has the address of 3014 LESLIE DRIVE [Street] MERIDIAN [City], Idaho 83642 ("Property Address"): [z;p code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property, All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is ]awfully 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 [he 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 vaziations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late chazges due under the Note. Borrower shall also pay funds far Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U,S. -6tID1100051 Ini~iais: !-~' _~ ® Pega 3 0l 15 y Form 3013 1101 oos~loz ~`~~~~ 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 farms, 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 aze insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at [he 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 tc its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments a[ the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need no[ pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does no[ do so within a reasonable period of time, Lender shall either apply such funds or return them [o Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late chazge 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 [o 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 [he day Periodic Payments are due under the Note, until the Note is paid in full, a sum ([he "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 [he Property; (b) leasehold payments or ground rents on [he 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 [he 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 famish [o 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 [o pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or al] Escrow Items at any time. Any such waiver may only be i„~r~ais: 1 ®6(ID) iooosi aaea4 or rs ~!~ Form 3013 1101 oos-ioz ~ (s~ f~ 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 bender may require. Borrower's obligation [o 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 [o 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 [o Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, a[ any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds a[ 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 curFent data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying [he Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, 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 def-fined under RESPA, Lender shall account to Borrower for [he 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 [o make up [he shortage in accordance with RESPA, but in no more than 12 monthly payments. ]f 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 ]nstrument, 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 [he 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 [he lien in a manner acceptable to Lender, but only so long as Borrower is perfoaning 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 -6(ID 1 IDOOSi m"i81o1' O Page 5 0l 15 Form 3013 1101 DDS~ID2 .'-~ 1 G,~ lien. Within ]0 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 aone-time chazge 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 [he term of the Loan. The insurance carrier providing [he insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall no[ be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time chazge for flood zone deterrination, certification and tracking services; or (b) a one-time chazge for flood zone determination and certification services and subsequent chazges 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 particulaz type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in [he 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 [his Security Instrument. These amounts shall bear interest at the Note rate from [he date of disbursement and shall be payable, with such interest, upon notice from Lender [o 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 standazd 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 cettifica[es, If Lender requires, 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 [o 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 [o 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 far 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 mroa:: ~.,. ~ ~, ~® 611DI ~OOOSi ^age 6 of i 5 ~ Form 3013 1101 ~,,~ ^osi0z '"~ ~~_ 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 [he 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 [he 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, insofaz as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore [he 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 [o occupy the Property as Borrower's principal residence for at least one yeaz 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 [o 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 [he 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 [he 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 [he 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 aze not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 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 andlor repairing the Property. Lender's actions can include, but are no[ 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 !~® 6IIDI iooosi Page ~ or i s i _' Form 3013 1101 "~.. Dg5~ID2 -~~ ~ ;./- attorneys' fees to protect its interest in [he Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or boazd 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 [o do so. I[ is agreed that Lender incurs no liability for not taking any or al] actions authorized under this Section 9. Any amounts disbursed by Lender under [his Section 9 shall become additional debt of Borrower secured by this Security Instmment. 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. ]f 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, foF 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 anon-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 [o 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 [hat Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments towazd 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 [he premiums required to maintain Mortgage ]nsurance in effect, or to provide anon-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 [he Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive {directly or indirectly) amounts that derive from (or might be chazacterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying 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 azrangement 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. -a(ID~ 100051 Initials: !~ ~`/ 4''-~+' ® Page 8 0! 15 ///~"'---"'~'~~~~ Farm 3013 1 f01 oos~loz `' ~ /r/' ~T1-- (b) Any such agreements will not affect the rights Borrower has - iP any -with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If [he 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. !n 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 mazket 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 ar not the sums aze then due. If [he Property is abandoned by Borrower, or if, after notice by Lender to Borrower that [he 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 [o collect and apply the Miscellaneous Proceeds either to restoration or repair of the Froperty 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 [he parry 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 [he 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 [o 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 rights under [his Security Instrument. The proceeds of any awazd 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 aze no[ applied [o restoration or repair of the Property shall be applied in the order provided for in Section 2. ® Page 9 0l 15 Form 3013 1 /01 DD5~104 y~""~ ~,/~ "~ 12. Borrower No[ Released; Forhearance 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 [he 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 [o extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or [he 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 al] of Borrower's rights and benefits under [his Security Instrument, Borrower shall not be released from Borrower's obligations and liability under this Security Ins[mmen[ unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, properly inspection and valuation fees. In regard [o any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the chazge to the peanitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded [o Borrower. Lender may choose to make this refund by reducing the principal owed under the No[e or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under [he 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 [o 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. 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. i O Page io of ie ~ ~ f Farm 3073 1101 oos ioz ~ -,~ , 16. Governing Law; Severahility; 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 [he 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 oP 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 [he 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 a[ 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 [his Security Instrument; and (d) takes such action as Lender may reasonably require to assure [hat Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by [his 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 Nate and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instmment, 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 [he new Loan Servicer, the address to which payments should be made and any other information RESPA ,.; i. Initials ~. /"'~~tJ ®611D) rooo5i aaee ti of t6 r- Form 3013 1101 oos~ioa ~ ~/~~ requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter [he Loan is serviced by a Loan Servicer other than the purchaser of the No[e, the mottgage 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 patty'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 pazagraph. 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 of formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Propercy 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 [he 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 [ha[ adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Properly 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 [he 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, dischazge, release or threat of release of any Hazadous 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 ]earns, or is notified by any governmental or regulatory authority, or any private patty, 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. ®6tID) 100051 Initials'. ~~ /K--s~' Page 12 of 15 Form 3013 1101 DDS-ID2 !i /~.-,, ; j NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior [o acceleration following Borrower's breach oP 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 [his Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but rto[ limited to, reasonable attorneys' Fees and costs of title evidence. If Lender invokes the power of sale, Lender shall execute or cause Trustee [o execute written notice of the occurrence of en event of default and of Lender's election [o cause the Property to be sold, and shall cause such notice [o be recorded in each county in which any part of the Property is located. Lehder or Trustee shall mail copies of the notice as prescribed by Applicable Law to Borrower and [o 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 [o, 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 al] notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled [o it. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is permitted under Applicable Law. 24. Substitute Trustee. Lender may, for any reason or cause, from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. 25. Area and Location of Property. Either the Property is not more than 40 acres in area or the Property is located within an incorporated city or village. ~, ' i~ ®•61101 10005) Initiais~ ® Page 13 al 15 'r oos~ioz '~'_~ ~~~~ Form 3013 1101 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instmment and in any Rider executed by Borrower and recorded with it. Witnesses: (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower i ~_. ,. _ / .~~ ,. ~'., ~~ (/ -.c.__,..%._. (Seal) -Borrower JAMES F. HAYMAKER „_.__ LIZ/ ~~ , ,~.r.~.,.~-` ._ ~~ ~ (Seal) -Borrower PATSY Y. HAYMAKER _ (Seal) -Borrower _ (Seal) -Borrower _ (Sea]) -Borrower ®®bl ID) [00061 Peoe 14 of 16 Form 3013 1 /01 DDS ID2 STATE OF IDAHO, Ada County ss: On [his 5th day of February, 2003 ,before me, Cathy J Springer a No[ary Public in and for said county and state, personally appeared JAMES F HAYMAKER AND PATSY Y HAYMAKER kitawrro ed to to be the person(s) who executed the foregoing instrument, and acknowledged to me that filefstee a/~executed the same. In witness whereof I have hereunto set my hand and affixed my official sea] the day and year in this certificate first above written. Noury Public residing aC CATHY J SPRINGER RESIDING IN EAGLE, IDAHO my Comm exp 3/5/4 i~1r~a~: ®' •silD) 100051 Page 15 of 15 oos~ioi Form 3013 1101 .AFFIDAVIT OF LEGAL INTERES• STATE OF IDAHO ) COUNTY OF ADA ) I, Clr~asrl~,r. 1`(1 QY'i~C,''\ 0~07~ ~ZSr;.IQ ~~ (`dame) (address) being firs[ duly sworn upon ~Q,U' t'fl Iq 1V oath, depose and say: (city) (state) 1. That [ am the record owner of the property described on the attached, and I gant my permission to: ~~ ( me) (address) to submit the accompanying application pertaining to that property. 2. I ages 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. Dated this ~ ~ "~ day of _Y_is~a~ 20~~. (Signature) SUBSCRIBED AND S WORN to before me the day and year first above written. ~~4^ ~~~CaOCCCy w,,.~,a 1~a :,y ~, "~ ~ c ~TAR J Notary Pub i for Idaho Residin ~V :C~O~ jg , ~, h g . - 7T ~e~. ~ ,.'; `" ~ ~' .. ~ 'adl Z '1 My Commission Expires: ~-a.-o3 „ o BL o , e ®d tl~ o r"`, a ® p ~Ci ~rQ "' ' . a~00®~Pd~~ ~ r y,~~^, 3 . eou "~ g s H . .. eepF~'es~oeasaaus`%~~ BANK KeyBaak~NaCENI~ lion P.O. Box 16430 BoLse, m 83715-9998 (208) 8843050 (Leoder) TBLPORD C BROC& JR CHARLYN M BROC& L88I8 DR HOME EQUITY LINE DEED OF TRUST C BROCB JR M BROCK 2678 LSBIB DR 1412 148ST IDAHO STR88T, BOI58, IDABO 83707 1. GRANT. Grentor hereby grenls, assigns and conveys to Trustee, identhied above, in trust for Lender, identified above, and with the power of sale, the real property described in Schedule A which is atrardted to this Deed of Trust and incrrporated herein, either located within an incorporated cky or village at the dale hereof, or comaining not more than twemy (20) saes, togeBter with all future and present improvements and fixtures; privileges, herectitarrrents, and appurtenances; leases, licenses and other agreements; rents, issues and profits; water, well, rBaVr, reservoir and mineral rights and stock, and standing timber and crops pertaining to the real properly (cumulafively °Property°). 2 OBLIGATIONS. This Deed of Trust shell secure the payment and pedormance of all presem and future indebtedness, liabilities, obligations and covenants or Bortower or Granror (cumuletivaty °Obligafions") in Lender pureuam to: (a) this Deed of Trust and the idhrvving promissory notes and other agreements: ~7NTEa65T ::: ~ P1eINCIPAt.AN:QUt1TJ €~ ,~ND!RaF :_ ;NA#.pA'k'~3f"~ cOST+.w..NER a~. IAAN RAl'G .iCHpiFTtlrt)kT ':~ At1gGp'i:IiATB 13A7B:; NUNtltl{: 1af1116kR VARIABLS~ $37,000.00 05/29/98 05/29/28 981381843040 96125600691591 (b) all amendments, extensions, renewals, modifioatiorts, replacements or subsfitutionsto any of the foregdng. 3. FUTURE ADVANCES AND EICPFJ4SES. This Deed of Trust shall secure not only existing indebtedness, but also such future advances, whether such advances are obligatory or made at the op0on of Lender or o0rerwise, fn the same extent es B such future advances ware made on the date of the axeaAion of this Dead of Trust, but such secured indebtedness sha8 not exceed et any time the maximrart prindpal amount of $ 37"OD0.00 ,plus interest thereon, and any disbursements made for the payment of taxes, levies or insurance on the mortgaged Properly with imereat on such disbursements. Any such future advances, whether obligatory or made at the option of Lender or otltervrisa, may be made either prior to or after the due dates of the promissory notes or any other agreements secured Uy or described in this Deed of Trust All covananffi and agreements contained in this Deed oT Trust shall be applicable to ail 1rrWre advances made by Lender to Borrower or Grantor under this future advance clause. 4. REPRESENTATIONS, WARRANTIES AND COVENANTS. Grantor reprasems, vrarams and covenants to Lender that: (a) Grantor shall maintain the Property free of all Bens, seardty interests, encumbrances and clairms except for this Deed of Trust and those described in Schedule B which is attached re this Deed of Trrwt and lncarporered herein by reference, which Grentor agrees to pay and perform in a timely manner; (b) Gremor is in compliance in all respects with all applicable federal, state and local laws and regulations, including, whhout limitation, those relafin9 to "Hazardous Materials°, as defined herein, and o0rer erwironnxtrMal matters (the °Frtvkonmentel laws"), end neither the tederel government na any other governmental or quasi govemmemal enfity has shed a Oen on the Property, na are there any governmental, judicial or administrative ac0ons with respect to erwironmental matters pending, a to the bit aF the Grerrtar's knowledge, threatened, which invohre the Property. f4ehher Gremor na, to the best of Grantor's knowledge, any other party has used, generated, released, disoherged, sroretl, or disposed of arty "Hazardous Materials," as defined herein, in, on, over, under or in connection with the Properly or transported any Hazardous Materials to or from the Properly. Grantor shall not commit or permit such ac0ons to be taken in tare future. Tha term "Hazardous Materals° sha0 mean any hazardous waste, toxic substance or arty other substance, material, or waste which is or becomes regulated ny arty governmental arrBtodry inducting, but not limited to, ~i) petroleum; Qi) asbestos; (iii) polychloAnated biphenyls; ('iv) those substances, materials a wastes designatect as a'hazardous substance° pursuant to Section 311 of the peen Water Ad or listed purauam to Secdon 307 of the Clean Water Act or arty amendments a replacements to these statutes; (v) those substances, materials or wastes defined as a "hazardous waste" pursuant to Sedton 1004 of the Resource Conservation and Recovery Ad or any amendments or replacements to that statute; (vi) those substances, materials a wastes defined as a °hazaMous substance° pursuant to SecOon 101 of Ore Comprehensive Environmental Response, Compensation end LiablOty Act, or arty amendments or replacements to that statute, rule, regulation a ordinance. Granror shall not lease a perm6 the sublease of the Preparty io a tenant or subtenant whose opera0ons may resuh in contamination of the Property with Hazardous Materials err toxic substances; (c) All app8cable laws and regulations (ncluding, wiMout Iknifafion, Ote Americans with Disabih0es Act, 42 U.S.C. 12101 et seq. (and all regulations promulgated thereunder) and all zoning and building laws end regulations) relating to the Property by virtue of any federal, state or munidpal authority with judsdic0on over the Property presently are and shall be observed and complied with in all material respells, and all righffi, licenses, permits, and certificetes of occuparxy ~nduding but not Hmited to mning variances, special exceptions for nonconforming uses, and final irrspectlon approvals), whether temoorarv a permanent, whidt are matedal to the use and occupancy of the Property, presently are and Mall be obMained, preserved and, where necessary, renewed; (d) Grantor has the right and Is duly autho ~' dto exaecute and perform its Obligatlons under thi,,,~grr~~~~rr~~~pppeeeeeed of Trust and these actions do not and shall not conflict with the provisions of arty statute, r~on, otd'marrce, rule of law, rxmtracr or otlter ogre which may ba binding on Grantor at any time; (e) No~action or prooeed'mg is ar shah be p~A9klg or threatened which might matedally affect the operty; - (f) Grantor has not violated and shati not violate any statute, regulation, ordinance, rule of law, contract or other agreement whidt might materially affect the Property (including, bur not limited to, those governing Hazardous fvlatedels) or Lenderk rights or interest in the Property pursuant to this Deed of Truss and (g) Grantor is the owner of the property and there are no defenses or offsets to this Deed of Trust. 5. Tf1ANSFER OF THE PROPERTY OR BENEFlCUrL INTFdiFST IN GRANTOR OR BORROWER. A sale, conveyance, lease, contract for deed or transfer to any person wkhour the pdw written approval of Lender of all or any part of the real property described in Schedule A, or any Interest Therein, or of all or any beneficial interest in Borrower or Grerrtor (If Borrower or Grantor is not a natural person or persons bur is a cerporation, paRnerehip, trust, or other legal entity), shall be a defauk under this Deed of Trust and Lender may invoke any remedies permkred by the promissory note or other agreement or by this Deed of Trust, unless otherwise prahibked by federal law. At LerMet's request, Grantor or Borrower, as the case may be, shall famish a complete statement setting forth all of its stockholders or parlnere, as appropdate, and the extent of their respective stock ownerehrp or paMershlp interests. 6. INTERFERENCE WITH LEASES AND OTHER AGREEMENTS. Grantor shah not take or fail to take any acrion which may cause or permit the termination or the withholding of any payment in connectlon with any kiase or other agreement (°AgreemenY) pertaining to the Property. In addition, Grantor, without Lender's prior written consent, shall not: (a) collect any monies payable under any A~reemeM more than one month in advance; (b) modify arty Agreement; (c) assign or allow a lien, security Interest cr other enwmbrence to be placed upon Grantor's dghls, title and interest in and to any Agreement w the amounts payable thereunder, or (d) terminate or cencel arty Agreement except for the nonpayment of arty sum or other material breach by the other party thereto. If GraMOr receives at any time any written communication asserting a defauk by Grantor under an Agreem®M or purporting to terminate or cancel arty Agreement, Grantor shell promptly forward a copy of such communication (and any subsequent communications relating theetc) to Lender. 7. ASSIGNMENT OF RENTS. To the extent not incortsletent with other assignments t0 Lender, Grantor hereby assigns to Lender the rents under each tenancy of the Property as security for the payment of the Obligations and grants to Lender the right to collect such rerrts arM to apply the same to the t'Mllgations. This dgM to continue until the Obligations ere paid in toll; provided that Lender waives the enforcement of this rfgM until an event of defauk occurs. Grantor agrees re timely perform all of GranLOr's Obligatio all sy tenanaes. Granor n^~ agrees that k will nor assign or condWonally assign any of Lenderre or profits horn the Properly. GreMOf agrees that atl - es 'r'^°renew ~ reo~Brtf~red Irmo in the future shall be subject to the approval of .`;rya" ~~c>, 1P-10.516 ®FonM6on Technoiogka, In¢ (6/12/95) (e00) Ba]J]99 .. Pegs 1 of 9 In61ek & COLLECTION ~ INDEBTEDNESS FR~IRD PARTY. Lender shall be entitled m notify o~quire GreMOf 10 notify any third part¢ (induriYV,g, but not limited to, lessees, licensees, govemmerttel authoritles and insurance companies) to Lender any Indebtedness or obligation owing to Grantor wrath rasped to the Properly (cumulatively "Indebbtlness'~ whether or riot a default exids under this Deetl of Trust Grantof shell tlitigemly cetied the Indebtedness owing to Grantor from these third parkea until the giving of such notification. N the event that Grantor possesses or receives possession d arty instrumerds or other remittances with rasped to the Indebthdness following the giving of such notification or 'd the instruments or other remittances consthute the prepayment d any Indebtedness or the payment of nnY irtsurence or condemnation proceeds, Grantor shall ftokf such instruments and other remittances in trust for Lender apart from its other prop~rty~ endorse the irtsfmmeMs and other rerriittancea to Lender, and immediately provide Lender with possession of the instrumens and other remilfarttx:s. Lmider shall be entitled, but rant required, to culled (by legal proceedings or othervuisa), extend the time for payment, compromise, exchange or release arty obligor or collateral upon, or otherwise settle any of the ktdebtedness whether or nct an evert of default exlsta under this Agreement Lender shall rant be liable to GreMD! for any aoUon, error, mistake, omission or delay perNaining to the actions described in this paragreph or arty damages resulting therefrom. 9. USE AND MAINTENANCE OF PROPERTY. Grantof shall, at Grantor's sole coat and expense, take all actions and make arty repairs needed to maintain the Property In good cendkan, includktg, but not limited to, any remedial actlon requred pursuant to Flivironmental Law, ordinance, rule, regulation or government notion. GraMOf shall not commk or permk arty waste to be committed with reaped to the Property. Grentor shall use die Property solely in compliance with applicable law anti insurance pdicles. Grantor shall not make arty alterations, adititions or improvements to die Property without Lenders prior wriUmt consent. Wdhout Nmiting the foregoing, alt alterations, additions and improvements made to the Pro/pg,erty dtail be subject to the benefldal interest belonging to Lender, shall nd be removed witltout Lender's prior written consent, and shall be made at VrantOfa sde expense. 10. LOSS OR DAMAGE Grantor shall bear the entire risk of arty loss, theft, destruction or damage (cumulatively °Loss or Damage°) to the Property or arty portion thereof from any cease whatsoever. N the evert M any Loos or Damage, Granter shell, at the option d Lender, repair the affected Property m its previous cendkion or pay or cause to be paid to Lender the decease In the fak marled value of the affected Property. No portion d the Property may 6e struclurelty altered, removed or demolished wkffout the prat written consent oT Lentler. il.- INSURANCE. At all times that die Obligations are outstanding, Grantor shell maintain insurance with respell to the Property and improvements against such risks and for such amourds ~ are twsamarity insured against by businesses of like size and type paying, as the same become due and payable, all premiums in respect thereto, including btrt not limited to, insurance on the Property for its full value, but in no event in an amount less then dre amount secured hereby against afi hazards including loss a damage caused by fire, tmll'rean, dteTt, flood (if applicable) or odter casualty. Grantor may obtain insurance an the Property from such cum4~tfee as are aceeptable to lender in its sole disceton. Tfte Insurance policies shall require the insurmit:e company to provitle Lender with a< least 3 d days' written notice before such polaies are altered or cancelled in any manner. The insurance Polities shall name Lender as a mortgagee and provide diet rto ad or omission of Gantor or any other person shall affect the dgnt of Lender to be paid the insurance proceeds pertainrg m the ass or damage o} the PropeAy. At Lender's opdon, Lender may apply the insurance proceeds fc the repair of the Prc~.terty or require the insurance pproceeds to be paid th Lender. I~ n die event GroMOr feUs'th esquire or maintain insurance, Lender (after providing nodoe as ma~ be required b)r law} may in fa discretion procure appropriath irtsurence wver~e upon die Property and the insurance cost shall be an advance payab a and bearing interest ~ described a Paragraph 22 andd secured hereby. GreMOr shall Ttxdsh Lender with evidence d Insurance indicating the required coverage. Lender may ad as atarneydn-fact for Grantor in making mid sdllktg claims under insurance polities, cancelkng arty pd'wy or endorsing Grantor's name onarry draft a negotiable instrument drawn by arty insurer. All such insurance polldes shall be constaMty assigned, pledged artd delivered to Lander for lurtlter eecuing Ufa Obligations. b die event of loss, Grantor ahafi immediatey give Lender written notice and lender is authorized to make proof of loss. Each insurertce comparry is directed to make payments di to Lender instead of to Lender and Grantor. PJI monies payable to Grantor from such inaurmtce pdides are hereby assigned to Lender and shefi be opted ftret to the payment of Lender's attorneys' fees, legal expenses (to the exNnt permited by applicable law) and odtet costs Including appreisal fees, and then, al the opdon of Lender, to the payment d fire Obligations or the restoration or repaiir of the Properly. In any evert GfaMOf shall be oWigeted to rebuild and resare the Property. 12 ZONING AND PRNATE COVENANTS. GreMOr shall rid initiate or concert[ la any ohange in die zoning provisions-or private,covenants affecting the use of the Property wkhoM Lender's prior written twnseM. k Grmdor'S use d the Property becomes a nonconforming use under arty zoning provision, GreMOr shall not cause or permk such use to be discontinued or ebartdoned wthout the pdor written consent of Lender. Greriar will immediately provide Lender wkh written notice of arty proposed changes th the inning provisions or private covenants affecting Ute Property. 1& CONDEMNATION. Grenror shaft immediately provide Lender with written rxtdce d any actual or threatened condemnation or eminent domain proceeding pertaining to the Property. All monies payable to GreMOr from such corMamnation or talnng are hereby assigned to Lender and shall be applied first to the payment of Lender's attorneys' fees, legal expenses and other costs (ncluding appraisal teas) in connection with the condemnation or eminent domain proceedings mid then, at the option of Lender, to the payment of the Ob ations or the restoration or repair of the Property. 10. LENDER'S RIGHT TO COMMENCE OR DEFEND LEGAL ACTIONS. Grantor shall immediately provide Lender with written notice of any actual ov threatened action, auk, or other protxteding affecting the Property. Grantor hereby eppokds Lender as its atromey-in-fact to commence, intervene in, and defend such actions, silts, a other legal proceedings end to compromise or settle arty claim ar controversy pertaining thereto. Lender shell not ba liable to Grantor for any action, error, mistake, omisson or delay pertaining to the acUans described Ln this par~greph or arty damages resitting therefrom. Nothing contained herein will prevent Lender from taking the actions descnbed let this peregreph in its own name. Grantor well cooperate and assist Lander in any acun hereunder. 15. INDEMNIFICATION. Lender shati not assume or be responsible for Ute pedortnence of arty of GreMOr's obligations wkh respell tc the Property under arty circumstances Grantor shall immediately provide Lender and Its shareholders, directors, ofiicere, employees and agents with written notice d and Indemnify arttl hold Lender harrMess from all claims, damages, Ilabilkies Qndudingg edomeys' fees and legal expenses), causes of action, actions, suits and other k:gal proceedings (cumulatively "Cynimsy pertnineg to the Properly (trtduding, but not limier to, those imolvag Hazmdous Alateriels). Grantor, upon the request of Lender, shall hire legal counsel to defend Lender from such Claims, and pay the aUOmeys' tees, legal expenses (to the extent permitted byap pliceble law} and other costa incurred in cennectltut Uterewith. In the alternative, Lender shall ba entded to employ its own legal counsel to defend such patina at Grentor's cod. Grantor's obligation to indemnity Lender under this paragraph shall survive the terminatron, release or toredesure of this Deed of Trust, i6. TAKES AND ASSESSMENTS. GreMOr shall all Taxes and asaeaameflt4 relating t0 Properly when due. Upon dre request d Lender, Grantor shell deposk with Lender each mornh onefixelflh (1~2~of the eatknamd annual insurence pterrtlum, taxes and assessments pertaining to the Property as estimated by Lender to the ex1aM eonpnkrltyed bylaw. So long as there is no defauk, these amourds shall be applied to dre payment of taxes, assessments taxes oruagairret the ail efforts. Any funds app ell m y at Le~itdaelr's opdon be applied roar use ordero Me due dateap~~e funds so held to pay any 17. INSPECTION OF PROPERTY, BOOKS, RECORDS A!~ REPORTS G/aMOr shefl allow Lender or its agents io examine and inspect the Property and examine, inspect and make copies of GreMOr's books and recerds pertaning m the Properly from time to time. Grantor shale proves any assistance required by Lender for these purposes. All of Ute sanNUres artd Lnfonnation corNairfed in Gverfthr's books attd records shall be genuine, true, accurate and complete m all respects. Grerftof shall nMe the rice tN Lender's beneficial rttteres4 in its books and records pertaining to the Property. Additionally, Grantor shall report, in a Corm satisfactory to Lander, such infonnatitln as Lender may request re®erding Grantor's financial condition a the Property. The idormaUon shall be for srxit periods, shall retied Grantor's records at such time, and ah be rendered with such frequency as Lender may designate. All information Trxnlshed by Grantor to Lender shall be true, accurate and complete In all respects, and signed by Grentof k Lender requests. 18. ESTOPPEL CERTIFICATES. +nHthin ten (10) days after arty request by LerMer, Grantor shall deliver to Lender, or any intended transferee of Lender's rights with respect to the Obligations, a argued arfd admowlerlged staremeM spttcifying (a} the outstanding balance on the Obkgafrons; and (b) whether GreMcr possesses arty claims, defttrtsas, se5ofta or obuMercNaims wWt rasped m the OfUtgadans end, k so, the nature or such deims, defenses, set-offs or counterclaims. Gantor witi be conclusively bourM by arty representation that Lender may make to the intended tansferee with.(espectlo these matters in the avant that Grerdor fails 1b provide the requested statement in a timely manner. 19. DEFAULT. Grenar shell be in defauk under this Geed of Trust in the event that GfBMOf, Borrower, or any gumantar of any Obligation: (a) trnvtrrtits fraud or makes a material miarepresenTation at arty time in connection wkh the Obligations or this Deed of Trust, including, but nd limited To, false s[atemerds made by Borrower or Grantor about Borrower's or 6reMor's income, assets, or any other aspects of Borrower's or GreMOf'a financial condkfon; Sb? fails to meet the repayment terms of the ObfigaUorte; .. . _ .. _ .._.._ ._ _ ___~....es _ __..___° ___~,__., ,~ LL.:. IV~J "s T.........A:..6 ..A.e...d., eNnMC 16n orv,wA.. n. 1 cnAor'c .. ~......_..~ ............... ... r....,............y..,....,,,, ...,,.,............ .. ~~. ..~~ .~...,..,.... 79: DEFAULT. Grantor shall be in defauk under this LNeed of Trust in the event tltet Gremof 90 - or any guarantor of any Obligation: (a) commits tread w makes a materia~preseMetlon e! any time in connection with f~ations or this Deed d Trust, including, but not limited to, false statements made by F~~fbbwweerr or GraMOr about Borrower's w Grenpcr's in assets, or any other aspects aF Borrower's or Grantor's finandal condition; ' (b) fails to meat the repetvneM terms of the ObNgations; c commits an act, fads to act, or fails to ewmply witll a covenant contained in this Deed of Trust which adversely affeda the Property w Lender's rights in the Properly, indudfng but not Ifmked to, trmtsierring title or selling the Property without Lenders consent, TaiNng to maintain insurance or to pay taxes on the Property allowing a lien senor to Lenders to result on the Property witltout Lender's written consent, allowing the taking of the Property through eminent domain or the foreclosure oP the Property by a Nenhdder other than Lendw, committing waste of the Property, or using The Properly in a manner whiclt would ba destructlve io the property, w in an illegal manner which may subject the Property to seizure. 20. RIGHfS OF LENDER ON DEFAULT. N there Is a detauH under this Deed d Trust, Lender shall be entitled to exercise one or more of the following remedies wthout notice or demand (except as regrtlred by law): a to declare the Obdgetions immediately due and payable in full; to colkrct the outslarMing Obligations with w without resorting to judidal protxiss• c to require Grantor to deliver and make available to Lender arty personal property canstiWting the Properly at a place reasonabty convenient to rentor and Lender; (d) to tolled all M the rents, (ssu~ and prMks of the Property from the date of defauk and fhereaker; e to lake immediate possession, manegeR19M acrd control of the Property wthout seekirg the appointment d a receiver; to appty for and obtain the appdnimeM d a receiver for the Property without regard to Grantor's financial condition or solvency, the adequacy o the Property to secure the payment end perthrmance d the Obligations, or the ex(stance of waste to the Property; m) to foreclose this Deed of Trust; satiety then bligati~or y hereof~arrd shallucntttews drn n dodce to be recoro~ in the free ~~tlte rewrd d each cou thewherein sae id rea Pf opef or some part thereof Is actuated. Notice d sale having been given as then required 6y law, and nil less than the time then required by law ha ng elapsed, Tmstee, without demand on GreMOr, ahaN seN said properly at the time and place fixed by it in said notice of sale, ekher as a whole w in bidder for casfr in lawful money of the United States, payable at time d sale, Trustee shall deliver to the purchaser its deed conveying the pro so sold, but without arty covenant or warranty express or Implied. The recltals in such deed of arty matters or fads shall be conclusive proof W the truthfulness thered, My p~ rson, indudfng Grantor, huatae, or Benefldary, may purchase at such sale; (I) to setoff Grantor's ODligations against arry amourrts owed GYantor by Lender including, but nil limited to, monies, Inshuments, and deposit axouMS maiMainad wkh Lender; and ~) to exercise all other rights available to lender under any other written agreement w applicable law. tp~unre®~,r„aimracncomsios,m~.(eJrzlesl (ecgesrares a~ezora ins Le~,,:er's rig~lita are cumulative and may be ~sed together, separately, and fn any order. M tent that Lender instlrirres an action seeking the recovery of any of the Property by way of a prejudgment remedy in en acton against Grantor, Grantor waives Me posting of any bond which might etherwlse be required. 21. APPLICATION OF FORECLOSURE PROCEEDS. After deducting all costa. fees and expenses of Trustee and of this Trust, including cost of evidence of title and reasonable counsel fees in rarmedion with sde, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid, with accrued irtteresl at the highest lawful rate permi~~ ibis under Idaho law; all otlrer sums then secured hereby; and the remainder, If arty, to Me pennon or persons legally entitled thereto. 22. REIMBURSEMENT OF AMOUNTS O(PENDED BY LENDER. Lender, at Lender§ option, may expend funds (including altomeys'~fees and legal expenses) to Perform any acF required to be taken by Grantor w 10 exercise any fight w remedy OF Lender under this Deed of Trust. Upon demertd, Grantor shall immediately reimburse Lender for all such amourds expemfed tty Lender togeMer whh interest thereon at the lower of the highest rate described in any Obligation or the highest rate allowed bylaw from the date of payment uMti the date of reimbursement. These sums shell be included in the deTinition of Obligations herein and shall be secured by the beneRcial kderesi grenred herein. att~ e s Tees~arid~ OF PAYMENTS. All payments made by or on behalf of Gremor mayy be applied against the amounts paid tty Lender (tnduding y legal expenses) in connection wdh the exercise of its fights or remedies tlescdbed M this Deed of Trust and Men to the payment nt the remaining Obligations in whatever order Lender chooses. 24. POWER OF ATTORNIY. Grantor hereby appdMs lender as its attomeyart-fact b endorse Grantor's name on all instniments and other documents pertaining to the Obligations or indebtedness. N addition, Lender shall be errtltled, but not reqquired, to erform any action or exegde any document required to be taken w executed by Grantor under this Deed of Trust Lender§ performance of such action or execution of such documents shall rwt relieve Grantor from any Obigaton or cure any default under Mis Deed of Tnt~. The powers of attorney described in this Geed of Trust are coupled with an interest and are irrevocable. 25. SUBROGATION OF LENDER. Lender shall be subrogared to Me fights of Me holder of any previous lien, security interest or encumbrance discharged with Tunds advanced by Lender regardless of whether titeae Yens, security interests or other encumbrances have been released of record. 2fi. COLLECTION COSTS. Grantor agrees to pay to Lender, to Me extent permitted bylaw, all costs and expenses incurred in collecting any amount due or enfordng any right or remedy under Mis Deed of Trust, including reasonable attorneys' fees (ncluding representaricn in any bankruptcy proceedings), and collection casts. 27. PARTIAL RELEASE. Lender may release its interest in a pportion of Me Property btr executing and recording one or more partial releases wittrout affeding its interest in the r~rtaining portion of Me Property. f,lothing herein shaft be deemed to obligate LerMer to release any of its interest in the Property. GraMOf shall be responsible for payment W all costs Of r~onveyancy, including recording fees and Trustee's tees, prior to such reironveyance. 26. MODIFICATION AND WANER. The modficetion or waiver of arty of GreMOr's Obligations w Lender's rights under Mis Deed of Trust must 6e contained in a wring signed by Lender. Lender may perform any of Borrower's or Grenior's ObNgations, delay or fail to exerdse any of iLs rights w accept payments from Grantor w anyone other Man Grantor Wftheut causing a waiver of ih069 Obligatlons w fights. A waiver on one occasion shall not constitute a waiver on any other occasion. GrentOf§ Obligators under Min Deed of Trust 8he11 not be a}FBded if Lender amends, compromises, exchanges, fails t0 exercise, impairs w releases any of Me 0611gahons babnging to arty Grantor, Borrower a third party or any of its fights against any Grantor, Borrower or third party or any of the Property. 29. SUCCESSOpS AND ASSIGNS. This Deed of Trust shall be binding upon and inure to Me benefd of Grantor and Lender and their respective successors, assigns, trustees, receivers, administretora, personal representatives, legatees and devisees. 30. NOTICES. Any notice or other cemmunicarion 14 be provided under Mis Deed of Trust shall be in writing and sent To the parties at the addresses described in M(s Deed of Trust araueh otlter address as Me partles may designate N writing from rimeio time.. Any.sudr notice so given and sent by certified mail, postage prepaid, shall be deemed given titres (3) days after such notice is sent and, in Me case of any other means of delivery, such nonce shall be deemed given when received by the person to whom such notice is being grvert. _ 31. SEVERABILITY. ti any provision oT Mis Dam of Trust violates the law or is uneMorceable, ttre rest of the Deed of Trust shall continue to be valid and eMorceable. 32 APPLICABLE LAW. This Deed of Trust shall be governed by the laws of Me slate where the Properly is located. Gremor consents to the judsdidion of any court located in such state. 33. MISCELLANEOUS Grentof and Leader agree that time is of Me essence. Gremor waives presentment, demand Tor payment, notice of dishonor and protest except as required by law. All references to Grantor in Min Deed of Trust shell Include all persons signing below. ti Mere H more Man one Grantor, their Obligarione shall be joint and several. This Deed of Trust and any rdatsd documents represent the ~mplete integrated understanding between Grafdor and Lendw pertaining to the terms and conditions oT those documerrls. 34. JURY TRIAL WAIVEp. GRANTOp HEREBY WANES ANY RIGHT TO TRIAL BY JURY IN ANY CNIL ACTIONARISING OUT OF THIS DEED OF TRUST OR THE PROPERTY SECURING 77iIS DEED ~ TRUST. 35. ADDfi)ONAL TERMS. Grantor acknowledges that Grantor has read, underetands, and agrees to the terms and conditions of this Deed of Trust. Dated: MAY 29, 1998 GRANTOR TELFORD C BROCR JR GRANTOR: CBARLYN M BROCR TELFORD C BROCR JR CBARLYM M BROCR GRANTOR: ir~iosre©FurmAl~on Te~nnoioBies, sw ie/tz/es7 ~) eanatse GRANTOR Pege 3 or d INDIVIDUAL NOTARY STATE OF IDAHO County of ~ ss -- ~ ~ .. On ihls day oP , betwe me, the Undars~netl notary pubic in antl br seltl Slate, personally appearetl Imown w beritlfle0 b me to be the person(s) whose rleme(s) Is/are aubscribetl b the wimin Irlstrumen6 and aclmowledgetl b me ha/she/Ihey executed the same. IN WDNESS WHEREOF, I have hareunlo set my tlerltl aM gflgel seal the day antl Veer In thR cedBkaie first above wralen. INDMOl1AL NOTARY STATE OF IDAHO Coumy of ~ ~ On Uas tlaY Of urhose rmme(s) h/ere sUbacrPoetl b me vdlhln irlswmem, arm eclalowleagetl to me he/she/They executed me same. IN WITNESS WHEREOF, I have hereuMO sM my hand entl oMclal seal Ule day aM year In Ihls cerlYMete first above wrlhen. Notary Publfc Tor Resitling al: Notary Public Tor meho Resltling at Cemmlealon e~ilres: before me. mB untlerslgnetl notary public In antl fo/ aem Slate, personaly appeeretl Imown w benflfie0 to me to ba the person(s) Cammfsabn expires: SCH~DiNN„E A . The street address of the Property Qf applicable) is: 2678 LSSLIS DR ~RIDAIN, ID 83642 The legal description of tFre Property is: LOT 9 IN SLOCR 1 OF CAROL'S SDBDIVISION NO. 2, ACCORDING TO TH8 OFFICIAL PLAT TH8R80F, FILBD IN HOO1C 39 OF PLATS AT PAGH (S) 3245, RHCORDS OF ADA CODNTY, IDAHO. FIRST DBBD OF TRUST HBLD ~OS~ F81)gRAL~ gpip~~,g AND LOAN ~OCIATION This instrument was prepared bY: &eyl3aak Natioaal Association AHer recording return to Lender. ~wus+e ®FomMaon ran~oiosia..4m. tB/+2/es) 1~ B8T37aB AFFIDAVIT OF LEGAL INTERES~ STATE OF IDAHO COUNTY OF ADA I, /~~r~ ~t-~,~ /3~2 ~/ LcsC~~ (name) (address) " ~ being fast duly sworn upon ~~®f ~"'~ " ~'e"~ oath, depose and say: (city) (state) That I am the record owner of the property described on the attached, and I grant my permission to: ~~ /~~~ (name) (address) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this l Q day of /' t 9~-~t 20.3 . (Signature) SUBSCRIBED AND S WORN to before me the day and year first above written. ~40 A J 0®O~~r a 'V ! ~SOTAR~ ;t ® ®•® ~r '°UB9.gG AS ~ww1'o~~°0o~~ee~~°®s° ~"~ .. `®osB~~~QOFpe9td .,y,i ~~~ ~~ c Notary Publi for Idaho Residing at~~\o,,, 1~p.~Q My Commission Expires: ~ - -V S- Carol's Subdivision USTICIC Rp 99 S ~ .,~Z„ N ~ ~~„ late..m r O 3 ar W J ° ~ t = aotr a w GEND ,.~„ „ „ ® ANNEXED TO CITY 3 ~ ~ "A/Z'~ 'A!Z" May Participate in Annexation Application (information provided b Carol's Subd id t y . res en ) . ., ~ J L'l W fVL „^~n "NL" „^'~„ nn l~„ /VG /V /~..,, II'VV R fVL ,~11 p lVL N „/, /9„ ' / V L I „A /~„ NL !VL d „^ ~„ AIL ^% $I.~1~Y !/'Gl L ~ WHEN RECORDED MAIL TO: MSN 5V-79 /DOCUMENT CONTROL DEPT. P.O. BOX 70268 VAN NUVS, CALIFORNIA 91410-0288 LoANn: 1448048 SPACE ABOVE FOfl RECORDERS USE Prepared by: D. TEUTSCH Escaow/cLOSw~a: SMITH DEED OF TRUST THIS DEED OF TRUST ("Security InsWnlent°) is made on December 14, 1998 .The grenmr is KENT R. SMITH, AND TAMI P. SMITH, HUSBAND AND WIFE ("Borrower"). The tmstee is STEWART TITLE COMPANY OF IDAHD 8620 WEST EMERALD # 160, BOISE, IDAHO 83704 ("Trostee"). The beneficiary is AMERICA'S WHOLESALE LENDER which is organized end existing uMer the laws of NEW YORK ,end whose address is 4500 PARK GRANADA, CALABASAS, CA 91302.1613 ("Lender"). Borrower awes Lender the principal sum of ONE HUNDRED EIGHTY SEVEN THOUSAND and 00/100 Dollars (U.S. $ 187, 000. DD ). Tlris debt is evidenced by Borrower's mte dated the smme date as this Security Inswlnent ("Note'), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on January 1, 2029 . Thta Security Instrument secures m Lender. (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and motlificadons of the Note; (b) the paytme9[ of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys Io Trustee, in trust, with power oY sale, the following deacrbed property located in ADA County, IdaM: LOT 11 IN BLOCK 1 OF CAROL'S SUBDIVISION N0. 2, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 39 OF PLATS AT PAGE 3248, RECORDS OF ADA COUNTY. IDAHO. which has the address of 1342 NORTH LESLIE WAY, MERIDIAN IS¢eeq Ciryl Idaho 83642- ("Property Address"); Izw Code) F rm 3019 g/g0 IDAHO- Single Family -Fannie McUFreddle Mae UNIFORM INSTRUMENT papa i oie sad /9] ^,.-reH(ID) (9'lod CHL (95/97) VMP MORr6A0E FOPM3-(9WISRb]291 InNals *23991* *001448048000002006H* LOAN #: 1448048 TOGETHER WITH all the improvemenS now ar hereafter erected on the property, and atl easements, appurtenances, and fixtures now or hereafter fl part of [he property. pll replacements and additions shall also be covered by this Security instrument. All of the foregoing is referred to in this Security Instrument as the "Property," BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right [o gran[ and convey the Property and that the Property is unencumbered, except far encumbrances of record. Borrower warrams and wilt defend generally the title to the Property against all claims and detnends, subject m any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use all non-tudfarm covenants with limited variations 6y jurisdiction to wnaliNle a uniform security instrtttnent covering real property. UNIFORM COVENANTS. Borrower end Lender covenant and agree as follows; 1. Payment oP Prlndpal and In[errst; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest an the debt evidenced by the Note all any prepayment and late charges due under the Note. 2. Funds for Taxes end Insurance. Subject [o applicable law or to a written waiver by Lender, Borrower shall pay [o Lender on the day monthly payments are due under the Note, until [he Note is paid N full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiurtu, if any; and (t) any Gums payable by Borrower to Lender, hr accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items ere called "Escrow Items." Lender may, a[ any time, collect end hold Fulls in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settiemant Procedures Act of 1974 as amended from time [o time, 12 U.S.C. Section 2601 et seg. ("RESPA"), uNess another law [hat applies to the Funds sets a lesser amount. If so, Lender may, a[ any time, collect and hold Funds in an amount no[ [o exceed the lesser amount. L.entler may estimate the amount of Funds due on the basis of currem dale all reasonable esthna[es of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits aze insured by a federal agency, inswmentelity, or entity (including Lendeq if Lender is such an institution) or in any Federal Home Loan Bahr. lender shall apply [he Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing [he escrow account, or verifying the Escrow Items, uNess Lender pays Borrower interest on the Funds and applicable law permits L.eMer [o make such a charge. However, Lender may requite Borrower mpay sane-time charge for an independent real estflte tax reporting service used by Lender in connection with [his loan, unless applicable law provides otherwise. UNess an agreemem is made or applicable law requires interest m 6e paid, Lender shall no[ be regNred [a pay Bortower any interest or earnings an the Funds. Borrower and Lender may agree in writing, howeveq that interest shall be paid on dte Funds. Lender shag give to Bomwer, without charge, an annual accounting of [he Funds, showing credits all debits [a the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged es additional security for all sums secured by this Security Instmmen[. If me Funds held by Lender exceed dte amounts permitted to be held by applicable law, Lender shall account [o Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of [he Funds bald by Lender at any time is not sufficient [o pay [he Escrow Items when due, lender may sa notify Borrower in writing, and, N such case Borrower shall pay to Lender the amount necessary tc make up the deficiency. Borrower shall make up the defciemy m no more than twelve monthly payments, at lender's sole discretion. Upon payment in full of all sums secured 6y this Security Instmmem, Lender shall promptly refmd to Borrower any Funds held by Lender. If, under paragraph 21, Caller shall acquire or sell the Property, L.endeq prior to the flcquisi[ion or sale of the Property, shall apply any Funds held by lender a[ the time of acquisition or sale as a credit against the sums secured by this Security Imtmment. 3. Application oP Payments. UNess applicable law provides otherwise, all payments received by Lender under paragraphs 1 all 2 shall be applied: fast, to any prepayment charges due under the Nate; second, [o amounts payable under paragraph 2; third, [o interest due; Fouts, to principal due; and lest, to any late charges due under the Note. 4. Charges; Llens. Borrower shall pay all taxes, assessments, charges, fines and unposi[ions attributable m the Property which may stain priority over this Security Instrument, and leasehold payments or ground rams, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on tune directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under This paragraph. If Borrower makes these payments directly, Bortower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority aver this Security Ins[rmnemt uNess Bortower: (a) agrees in writing to the payment of the obligation secured by the lien m a meaner acceptable to Lender, N) contests in good faith the lien by, or defends against enforcement of the lien in, Iegel proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to This Security Instrument. If Lender determines [ha[ any part of the Property is subject [o a lien which may attain priority over This Security Instrument, Lender may give Borrower a notice identifying dse lien. Borrower shall satisfy the lien or lake one or mare of the actions set forth above within 10 days of the giving of notice, 5. Hazard or Property Insurance. Borrower shelf keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" all any other hazards, including Floods or Flooding, far which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires, The insurance cattier providing We insurance shall be chosen by Borrower subject m L.ender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights N [he Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice [o the insurance carrier and Lender. Lender may make proof of loss if no[ made promptly by Borrower. '~,~6H(ID) taros) CHL (05/97) ra e2 sie Ini11~s ¢ Form 3013 Bl90 LOAN #: 1448048 UNess Lender and Bortower otherwise agree in writing, insurance proceeds shall be applied to restoration 6r repa'u of the Properly damaged, if the resmraton ar repetr is economically feasible a¢d Lender's security is'no[ lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by This Security Instrument, whether ar mt then due, with any excess paid m Borrower. ]f Bortower abandons the Property, or does not answer within 30 days fl notice from Cender War the insurance carrier has offered to settle a claim, then Lender may.c¢Ilect We insurance proceeds. Lender may use We proceeds m repair or restore We Property ¢r to pay sums secured by Wis Security Inahumen[, whether or not then due. The 30day period will begin when We notice is given. Unless Lender and Borrower aWerwise agree in writing, a¢y application of proceeds to principal shall n¢[ extend or postpone We due date of We montldy payments referred m in paragraphs 1 aM 2 or change We amount of dte payments. if under paragraph 21 the Properly is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior ro We acquisition shall peas to Lender m the extent of We sums secured by Wis Security Inatmment immediately prior to the acquisition. 6. Occupancy, Preservation, Meinte¢ance e¢d Protection oP the Property; Borrower's Lunn Application; Leaseholds. Borrower shall occupy, establish, and use dte Property as Borrower's principal residence wiWin sixty days after We execution of Wis Security Inatnunent aM shall caminue W occupy We Properly as Borcower's principal reside¢ce Por at least one year after We date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be [tmeasonably withheld, or uNess extenuating circumstances exist which are heyond Borrower's comrol. Borrows[ shall not destroy, damage or impair We Property, allow We Property tc deteriorate, or commit waste on We Properly, Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun Wet in Lender's good faidt judgment could result in forfeiNre of We Pr¢perty ar otherwise materially impair We lie¢ created by Wis Security Instrument or Lender's security interest, Borrower may cure such a default and reinstme, as provided in paragraph 18, by causing the ac[i¢n or proceeding to be dismissed wild a mling Wat, in Lender's good FaiW determination, precludes forfeiture of the Borrower's imeres[ in We Preperty or older material impairment of We lien created by Wis Security Instmmem ar bender's security interest. Borrower shall Nso be in dePaul[ if Borrower, during We loan application process, gave materially false or inaccurem information or statements to Lender (or failed m provide Lender wild any material information) in connection wild We loa¢ evidenced by We Nate, including, but not limited to, representations concerning Borrower's occupancy of We Property as a principal residence. If Wis Security Instrument is on fl leasehold, Bortower shall wmply wild al] the provisions of We ]ease. If Borrower acquires fee tide to We Property, We leasehold and tits fee title shall not merge uNess Lender agrees to tits merger in writing. 7, Protection oP Lender's Rights In the Property. If Borrower fails m perform We wvenants and agreements comained in Wis Security Ins[mmem, or there is a legal proceeding that may sigNficantly affect Lender's rights in the Property (such as a praceetling in hankruptcy, probate, for condemnetio¢ or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary m protect the value of We Properly and Lender's rights in the Property. LeMer's actions may include paying any sums secured by a lien which has priority over [his Security Instrument, appearing in court, paying reasonable anorneys' fees and entering w the property to make repairs. AlWough Lender may take action under Itds pazagreph 7,. Lender does not have to do so. Any amounts disbursed by Lender under Wis paragraph 7 shall become additional deb[ of Borrower secured by Wis Security Instmment. UNess Bortower and Lender agree to other terms of payment, Wese aznounts shall bear interest from the date of disbursement at We Notc rete and shall he payable, wild interest, upon wtice Crom Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condi[io¢ of mekittg the loe¢ secured by this Security Instmmen[, Borrower shall pay We premiums required to maintain the mortgage insurame in effect. ]f, for any reason, We mortgage insurance coverage required by Lender lapses or ceases m be in effect, Borrower shNl pay We premiums required to ¢b[ein coverage substantie]ly equivalent to We mortgage insurance previously vt effect, at a cos[ substantially equivalent m We cos[ to Borrower of We mortgage insurance previously in effect, from an altetna[e mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is no[ available, Borrower shall pay tc Lender each month a sum equal m one-twelfth of the yearly mortgage imurence premium being paid by Bortower when We insurance coverage lapsed or ceased to be in effect. Lender will accept, use aM remin Wese paymens as a loss reserve in lieu of mortgage insurance. Lass reserve payments may no longer be required, a[ the option of Lender, if mortgage insurance coverege (in We amount and for We period that LeMer requires) provided by an insurer approved by Lender again becomes available aM is obtained. Borrower shall pay We premiums required to maintain mortgage insurance in effect, or m provide a loss reserve, until We requirement for mortgage insurance eMs yr acwrdance wild any arisen agreetmm between Borrower and Cender or applicable law, 9. Inspection. Lender or its agent may make reasonable entries upon aM inspections of We Property. Lender shall give Borrower notice e[ We time of or prior to a¢ inspectio¢ specifyhtg reasonable cause far We inspecfion. 10. Condemnation. The proceeds ¢f any award or claim for damages, direct or c¢nsequential, in connection wild any condemnation or other taking of any par[ of the Property, ¢r for conveyance in lieu of coMemnfltion, are hereby assigned and shall be paid [o Ixnder. In We event of a m[al taking of We Property, We pr¢ceeda shell be applied to We sums secured by this Security Ins[nunent, whetter or ndt then due, wild any excess paid m Borrower. In We event of a partial taki¢g of the Property in which the fair market value of We Property immediately before We [eking is equal m or greater Wa¢ We amoum of fhe sums secured by this Security Instrument immediately before We taking, uNess Bortower and Lender otherwise agree in writing, We sums secured by Wis Security laswment shall be reduced by We amount of We proceeds multiplied by We following fraction: (a) We total amount of the sums secured immediately before the taking, divided by (b) We fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In We eve¢[ of a partial taking of the Property in which We fair marks[ value of We Property immediately before We taking is less than We amount of We sums secured immediately before We taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, We proceeds shall be applied to We sums secured by Wis Security lnstmment whether or tut We sums are Wen due. '~ ,~6H(10) ~wasl CHL 66/9 inmeta: ~~~ ( ~) reaeaaa Form 3613 9196 tf the P e ~~ #: 1448048 rop rty ie abandoned by Borrower, or if, after ao[ice by Lender m Borrower that the condemnor offers to make an award or settle a claun far damages, Borrower fNle to respond m Lender within 30 days after the date the notice is given, Lender is authorized m collect end apply the proceeds, at its option, either to restoration Or repair of the Property or to the sums secured by this Security Instument, whether or not then due, UNess Lender aM Bortower otherwise agree in writing, anY application of proceeds [o principal shall not extend or postpone the due date of the monthly payments referred [o in paragraphs 1 end 2 or change the amount of ouch payments. 11. 6orrnwer Nol Released; Forbearance By Lender Not a Waiver. Extension Of Na lima for payment or modification of amortization of the some secured by this Security Instrumem granted by Leoder to any successor m interest of Borrower shall no[ operate to release the liability of the original Borrower or Borrower's successors N interest. Lender shell no[ be required to commence proceedings against any successor in interest or refuse m 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 Hortower or Borrower's successors N interest. Any forbearance by IxMer in exercising any right or remedy shell not be a waiver of or preclude the exercise of any right ar remedy. 12. Successors and Assigns Hound; Joint end Several Wability; Co-signers. The covenants and agreements of this Security instrument shall bind and benefit the successors and assigns of Lender end Bortower, subject to the provisions of paragraph 17. borrower's covenants and agreements shell be join and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is cosigning this Security Instrument oNy [o mortgage, grant and convey that Borrower's interest in Ne Property under the [emu of tiffs Security Instmment (b) is not personally obligated to pay Ute sums secured by this Security Insrument; end (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard m the terms of this Security Instrument or the No[e wiNou[ tbat Borrower's consent. 13. Loan Charges. IY Ore loan secured by tiffs Security Inslnurtent is subject to a law which sets maximum loan charges, and that law is finally interpreted sa that the interest or other loan charges collected or m be co0ecmd in connection with the loan exceed the permitted limits, then: (e) any such loan charge shell be reduced by Ne amoral necessary to reduce the charge to the permitted limit and (b) any sums already collected from Borrower which exceeded pemtitted li¢rits will be refunded to Borrower. Lender may choose to make this refund by reducing the principN owed under the Nate or 6y making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge uMer Ne Note. 14. Notices. Arty notice ro Borrower provided for m Nis Security Insttumem shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another meUrod. The notice shall be directed m Ne Property Address or any other address Borrower designates by notice to Lander. Any notice to lender shall be given by first class mail to Lender's address sorted herein or any other address Lender designates by notice to Borrower. Any nodce provided for m Otis Security Instmmem shall be deemed to have been given m Borrower ar Lender when given u provided in Otis paragraph. 15. Governing Law; Severebility. This Security Imtrumem shall be governed by federal law and the law of Ne jurisdiIXian in which the Properly Is located. In Ne even[ that any provision ar clause of Nis Security Inalmment or the No[e conflicts wiN applicable law, such conflict shall no[ affect other provisions of Nis Security Wtrumen[ or Ne Note which can be given effect wiNaut Ne conflicting provision. To this end Ne provisions of Nis Security Imt[umen[ and Ne No[e are declared [o be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note end of Otis Security Instrument. 17. Transfer oP Ne Property or a BeneHclal Interest In Borrower. If all or any part of Ore Property or any interest in i[ is sold or transferred (or if a benefuiel interest m Bortawer is sold or transferred and Borrower is no[ a natural person) without Lender's prior written consent Lender may, at its option, require immediate payment m felt of all some secured by Nis Security Instrument. However, Nis option ahNl not be exercised by Lender if exercise is prohibited by federal law as of Ne date of this Security Instmment. If Lender exercises Nis option, Lender shall give Hortawer notice of acceleration. The notice ahaB provide a period of not less Nan 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by Nis Security Instrument. If Borrower fails ro pay Nese sums prior to Ne expiratlon of rive period, LeMer may invoke any remedies permitted by Nis Security Instrument without further notice or demand on Borrower. lg. Borrower's Right m Rebutete. If Harrower meets certain conditions, Borrower shag have Ne right m have enforcement of Nis Security Instrument discomhused a[ arty time prior to Ne earlier oF: (a) 5 days (or each other period as applicable law may specify for reinstatement) before sale of the Properly pursuant [o any power oP sale contained in Nis Security Instroment or (b) entry of fl judgmem eNoroing Nis Suurity Instmtnent. Those conditions are Nat Borrower: (a) pays Lender all sums which Nen would be due under Otis Security Instrument and Ne Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays aB expenses incurred in enforcing this Security Irmhument including, but not limited to, reasonable attoroeys' fees; end (d) [ekes such acdon as Lender may reasonably require m assure [hat Ote lien of Nis Security Instmment, Lender's rights m Ne Property and Borrower's obligadon to pay dm sums secured by Nis Security Inswment shall continue unchanged, Upon reinstatement by Borrower, this Security Instrument arrd Ne obligations secured hereby shall remain fully effective as E no acceleration bed occured. However, Nis right to reinstate shall ml apply in Ne case of acceleration under paragraph 17. 19. Sale oP Note; Change oP Loan Serviced The Note or a partial interest m the Note (mgether wiN Nis Security Instmmenq may be sold one or more times without prior notice to Harrower. A sale may result in a change in Ne entity (Imnwn as the "Loan Servicer') Na[ collects monhly payments due under Ne Note end Nis Security tnatrument. There also may be one or more changes of Use Loan Servicer unrelated to a sale of Ne Note. If Otere is fl change of Ne Loan Servicer, Borrower will be given written notice of the change N acwrdance wiN paragraph 14 above end applicable law. The notice will stale the name and address of Ne new Loan Servicer and Ne address to which payments should be made. The nmice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or pemtit the presence, use, diapoeal, storage, or release of any Hazardous Substances on or in Ne Property. Borrower shell not do, nor allow anyone else to do, anyNing affecting the property Nat is in violation of any Enviromnental Law. The precetling two sentences shall not apply to Ne presence, use, or storage on Ne Property of smell quantities of Hazardous Substances Nat are generally recognized to be eppropiram to normal residential uses and to maintenance of the property. / ~~/~ Insets: ~ "~'~ '~,~BH(ID) taros) CHL (05/97) c.s•aole Form 30139/90 LOAN #: 1448048 Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental ar regulatory agency or private perry involvh[g the Property end any Hazardous Subetame of Environmental Lew of which Borrower has acNal kmwledge. If Borrower ]eama, or is ratified by any governmental or regulatory authority; that any removal ar other remodladon of any Hazardous Substeme affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with EnvironmeWal Lew. As used in this paragraph 20, "Hazardous Subatmces" are those substances defined as mxic or hazardous substances by Environmental Law and the following subamnces: gasoline, kerosene, other Flammable or Wxic petroleum products, toxic pesticides and herbicides, volatile solvems, materials cmtatrring asbestos ar formaldehyde, and radioactive materials. As used in Nis paragraph 20, "Environmental Law° means federal laws and laws of the jurisdictiav where Ne Property is located that relate m healN, safety er envirormsental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Laurier shall glue notice to Borrower prior to aceeleratim following Borrower's breach of any covenant or agreement in Chia Security Instroment (but not prior to eccelerotlon under paragraph 17 unless applicable law provides otherwise). The notice shell specVy: (e) the default; (b) [he action required to cure the default; (c) that Patlure to cure the dePaultfton orhbefore the date apecl8edaln the aotlce may reaok In acceerotlon ofthe sum secured by this Security Instrument and sale of the Property. The notice shell Huther inform Borrower of the rght to reinstate after acceleration and the right to bring a court actiav to assert the non-existence oP a defaWt or any other defense of Borrower to acceleration and sale. IP [he default is not cured on or before [he date specified in the notice, Lender, at It9 option, may require Immedfem payment in Pall of WI sums secured by this Security Instrument wkhout fbrther demand end may invoke the power oP sale and any other remedies permitted by applicable law. Lender shall 6e entitled to collect all ezpenses incurred M pursuing the remedies provided Ut this paragraph 21, including, but not Ihni[ed tq reasonable attorneys' fees and costs oP title evidence. IP Lender Invokes the power oP sale, Lender shag execute or tease Trustee to execute written notice oP the oceurrence of an event oP default end of Lender's electlon fo cause the Property to be sold, and shell cause such notice to be recorded in each county in which any pert oP the Property is located. Leader or Trustee shell mall copies oP the notice as prescribed by appliceble law to Borrower and to other persons prescribed 6y applicable law. Trustee ahWl give public notice of sale to the persona end hs the manner prescribed by applicable law. After the time required by applicable law, Trustee, without demand on Borrower, ehWl sell the Property et public auctlon [o the highest bidder a[ the time and place end under the terms designated in the notice of sale in one or more parcels and 1n any order Trustee determines. Trustee may postpone sale oP all or any parcel oP the Property 6y pubHc announcement at the time end place of any previously scheduled sale. Lender or its designee may purchase the Property et any sale. Trustee shall deliver to the purchaser Trustce's deed conveying the Property without any covenant or warcenty, theprein eTrustee sh II apply rite prolceeds of the sale in the Polllowingiorder:c(a)em WI expenses of the sale,elncmlud ng, but not limited tq reasonable Trustee's and attorneys' Pees; (b) to ell some secured by this Security Instrument; end (c) any excess to the person or persons legally entitled N k. 22. Reconveyence. Upon payment of a)] aurae secured by Nis Security Instrument, Lender shell request Tmstee to reconvey Ne Property end shall sursender this Security ImWmem and atl rrotea evidencing debt secured by this Security k[swment m Trustee. Tmstee shall reconvey ffte Property wiNou[ warsanty m the person or persons legally entitled to it. Such person or persons shall pay any recordetiov costs. Lender may chmge smh person or persons a fee for rcconvaying the property, but oNy if Ne fee is paid tv a ddrd party (amh as the Tmstee) for services rendered and the charging of Ne fee is permitted under applicable law. 23. Subetltute Trustee. Lender may, for any reason or cause, from time to time remove Tmetee end appoint a successor trustee ro any Tmstee appointed hereunder. Without conveyance of the Property, Ne successor trustee shall succeed to all the title, power and dudes conferred upon Tmstee herein and by applicable law. 24. Area end Gorstian oP Property. Either Ne Property is not more Nan forty acres in area or Ne Property is located wiNin an incorporated city ar village. 25. Rldena m this Security Instrument. If one or mare riders are executed by Borrower anti recorded together with Nis Security Instrument, the covenants and agreements of each such rider shall be imorporated inm and shall emend find supplement Ne covenants and agreememe of tltie Security InstrumeW as if the rider(s) were a pert of Nis Security h>strumem. [Check applicable box(es)] ^ Adjustable Rate Rider(s) ^ CavdomiWum Rider ^ 1.4 Family Airier ^ Graduated Peymevt Rider ^ flamed UW[ Development Rider ^ Biwcekl Pa ^ Balloon Rider ^ Rate 1 rovemea[ Rider y Ymen[ Rider mP ^ SecoM Home Rider ^ VA Rider ^ Other(s) [specify] Inlllele: ~~ ~ ,~BH(ID) raxiat CHL(06!(A) Feae6ola Form 3013 9/90 ~, BY SIGNING BELAW, Borrower accepts aM agrees m the [er>tre and covenants contained in this Security InsOtnvnent and in any rider(s) executed by Borrower and recorded with it. Wimesses: KENT SMI (Seal) narrower -narrower aortower STATE OF IDAHO, Couuty es: On this day of ,before me, a Notary public in and for said county and state, personally appeared (mown or proved m me to 6e me person(s) who execmed the faregemg inswmem, and aclmowledged m Sae that ' he executed the same. In witness whereof I have hereunto set my hand and affued my official seal the day and year in mis certificate first above written. Namry Public residing e[: ~/ ~Jwr~+~ O "" - -""' ` (Seal) TAMI P. SMITH -HOrmwer ~',~eH(ID) 19N5) DHL(dfi/97) Pwe9me Form 30139/90 .AFFIDAVIT OF LEGAL INTERE~ STATE OF IDAHO ) COUNTY OF ADA ) i, ~ RN l u j ~E I_tlrts 1 3-14 L~st_lg (A-) fE.~/ (name) (address) ~~tttttt being fast duly sworn upon 11`E;2t, ~~~ ~ ~~NO oath, depose and say: (city) (state) That [ am the record owner of the property described on the attached, and 1 grant my permission [o: e tTY o~ mER>,~-AN (name) (address) to submit the accompanying application pertaining to that property. 2. [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. Dated this l 2 day of ~" 1A.~-C~ 20 pZ (Signature) SUBSCRIBED AND S WORN to before me the day and year first above written. _ - mn - _ _ _- ~_ - Ca4, d0 8,~~, No Publi~r [d ho ¢ 'tp Residing at d~_ ,~t"L6Q,d ~! y, ~~~ ~ My Commission Expires: ) -~~ -Q ~j 4~_ o'iBdYDa '~~ vs ~~~ RECORDED- 0 E~ P ' dDA C[IUNiY RECORDER ~~~ 1, DAVID NAVARRO ON$ ,.icy . m~.nn TITLE FE 2oo2au 9 PP9 4.34 102090581 Order No.: A027002 ~ (r1CV WARRANTY DEED FOR VALUE RECEIVED, MICHAEL F, ALTREE AND LINDA M. ALTREE, AS TRUSTEES OF THE ALTREE FAMILY TRUST, DATED JANUARY 10, 2002, AND ANY AMENDMENTS THERETO The Grantor(s), do(es) hereby grant, bargain sell and convey unto JANINE L. HELMS, A SINGLE PERSON ~~~ whose current address is 1374 N. LESLIE WAY MERIDIAN, ID 83642 the Grantee(s), the Following described premises, in ADA County, Idaho, TO WIT: Lot 12 in Block 1 of CAROL'S SUBDIVISION N0.2, according to the oft-icial plat thereof, filed in Book 39 of Plats at Pages 3248 and 3249, Official Records of Ada County, Idaho. TO HAVE AND TO HOLD the said premises, wiN their eppurYenancea unto the said Grantee, hews and assigns forever. And the said Grantor(s) do(es) hereby covenant to and with the said Grmtee(s), that (s)he is/are the owner(s) in fee simple of said premises; tba[ [hey are free from all encumbtancea EXCEPT: Subject to all existing patent reservations, easements, right(s) of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, general taxes and aeaeasments, including irrigation and utility easements (if any) for the current year, which are na[ due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Dated: 08/06!02 M CHAEL F. ALTREE, TRUSTEE L A M. ALTREE, TRUSTEE STATE OF IDAHO COUNTY OF ADA ON THIS 6TH DAY OF AUGUST IN THE YEAR 2002 ,BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED MICHAEL F. ALTREE AND LINDA M. ALTREE, TRUSTEES , KNOWN OR IDENTIFIED TO ME TO BE THE PERSON(S) WHOSE NAME(S) ARE SUBSCRIBED TO THE WTfH1N INSTRUMENT, AS TRUSTEES OF THE ALTREE FAMILY TRUST AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME AS CO-TRUSTEES. ~a,rr.rr..r..... ••' V ANg .i 6u 8~}. f„„.. BOO CAMILLE V SG ~ ~~ r ~ AR P~y RESIDING AT: BOISE, IDAHO _ u = 2° ~~ } MY COMMLSSION EXPIltES ON:09/13/06 s ~ yti~ t o = °.* run .s. to ..~' ~ e roe STATE OF IDAHO ) COUNTY OFADA ) ~AFF[DAVIT OF LEGAL [NTEI2E~ I, l3 iMtc .4. Lit! /~fo6 /1f. L,es/ic Wa (name) (address) ~lJ„l~~4/! ~- /Q ~ o being first duly sworn upon CY oath, depose and say: (city) (state) That [ am the record owner of the property described on the attached, and f grant my permission to: T (name) (address) to submit the accompanying application pertaining to that property. 2. [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. Dated this ~7 day of ~q/'C~ 2003. /ec..~.rC t .. // (Signature) / / SUBSCRIBED AND S WORN to befo r e me the day and year first above written. . ~ ~ `~G p ~R r R q r, Q '' ~ ~ , . , ` A~ r r~ ` ~ r ~ ~ ~ ? ~` O _ No[ary ublic far Idaho ~ ~ ~ ~ - Residing at ~ ~ : M C i ~ y omm ssion Expires: . f/f`'''S TAT ~ O~ `` ~ , ~~ Residing at Meridian, ID My Commission Expires November 72, 200t? Iswq above Thlr Una For Rscerdb,a aerel DEED OF TRUST ~~~~1 THIS DEED OF TRUST ("Securit ]nstrumrnl")ia made on ..........., NBVEMBER,3 19..flS.... The grantor is ., :?S„/1;„I;AIfvAND LINDA M. LAUx., HUSBAND. AND WIFE ............................................................................. Borrower"). The trustee ia..................................................... ,_P,ION.Bf$...TL•SLC,_CO[;~ Q.. ................ . . !1t;?'F...QF..ARA...G. V X'K ............................................................ (..Trustee"). The beneficiary is _WAS.W>;N.Gx9N,,,~ED)fiAj;,,SAV,IYGS,ANU„LOAN ASSOCIATION .. which is organized and existing under the laws of.Tk1E..U.NI2EG..,ST/A'~$S...Gi:..$?:C~l............ and whose address is .................................................... ..]'...G.....AA%..4.Qf1I.....b0.14SE...~P.A!?P......6~711 ............................................................................................ ~.. .. Borrower owes Lenderthe principal sum of...g7,G)IA:X..xkIQU.SAfyR..ANR.,N.Goa,RS1...-..r....-...-..7...c...-. - _ Lender ). ...-...-...-...-...-...-...-..-...-...-..-...-...-..-. Dollars (U.S. 5...~Q.r.GQQ.r.QQ...........). This debt ie evidenced b •BOrrower's note dated the same dale as this Security ]natrumenl ("Note"), which rovides for montBl y I y payments, with the full debt, if not paid earlier, due end payable on ............:...............~"u!Y.....r.,,200~,,,,,.,.,....,....,• , ,,,,.,,,_.;, 7hia 5ecuritY lnslrumen[ secures to Lender: (a) the repayment o! the debt evidenced by the NOIe, with interest, and all renewals, extensions and modiflcati0ns; (h) the payment of sIl other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower a covenants and agreements under this Security Inurement and the Nole. For This purpose, Borrower irrevocably Brenta end conveys to Trustee, intrust, wish power of sale, the following described properly located in ...................................AP.A................................................................................ County, Idaho: LOT 13 IN BLOCK 1 OF CAROL'S SUBDIVISION N0. 2, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BODK 39 OF PLAT5 AT PAGE 3246, RBCORDS OF ADA COUNTY, IDAHO. PLEASE SCE ATTACHED EXHIBIT "A" -ADDENDUM TO UNIPORM DEED OF TRUST ///V ~~ which has the address of ...1.4Db...N.,...T,ES.L?:E..WAR .............................................. ..................MT.s.RIDTAN„ lalreell ~~~~~~~~~~~~~~~~~~~"" 83642 Iclryl Idaho ............................................................ („Property Address"); 1210 Cetl01 TOCE4tER WITH aII the improvements now or hereafter erected on the property, and ell casements, rights, appurtenances, rents, royalties, mineral, ail and gas rights and profits, water rights and Block and all fixtures now or hereafter a part of the property. All replacements and additions shell also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Properly." BORROWER COVENANTS [hat Borrower IS lawfully aelaed Of [he estate Hereby conveyed and has the Light to grant end convey the Property end that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims end demands, subject to any encumbrances of record. Tttle SECURITY INSTRUMENT Combines Uniform Covenants far natlOnel sae and Dan-unlferm COVenanf9 wflh limited variations byjurisdiclion to constitutes uniform security inslrumen[covering real properly. IDAHO-slnale iamlly-FNMA/iNLMC UNIFORM INSTRUMENT Farm 3013 lY/83 ~o sos area UNIPoRM COVENANTS, Borrower and Lenderrnvanent and agree as follows: 1. Payment of Prlnclpel and Intueeh Prepayment and Late Chergee. Borrower shell promptly pay whrn due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Nale. 2. Funds for Taws and Insurance. Subjectto applicable law or too writtrn waiver by Lender, Borrower shall pay to Lender on the day monthly paymrnts are due under the Nale, until the No[e is paid in full, a sum ("Funds") equal to one-twelBh of: (a) yearly taxes and assessments which may attain priority over this Security Instrument; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard insurance premiums; and (d) yearly mortgage insurance premiums, if any. These items ere called "escrow items." Lender may estimate the Funds due on the basis of current data end reasonable estimates of future escrow items. The Funds shall he held in en institution the deposits or accounts of which ere insured orguemnteed by a federal or slate agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay the escrow items. Lender may not charge for holding and applying the Funds, analyzing the account or verifying the escrow items, unless Linder pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Harrower and Lender may agree in writing that interest shell be paid on the Funds. Unle~ an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest m earnings on the Funds. Lender shat l give to Borrower, without charge, en annual acwunling of the Funds showing credits end debits to the Funds end the purpose for which each debit to the Funds was made, The Funds are pledged es additional security for the sums secured by this Security Instrument. If the amount of the Funds held by Lender, together with the future monthly payments of Funds payable prior to the due dates of the escrow items, shall exceed the amount required to pay the escrow items when due, [he excess shell be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly paymenla of Funds. If the amount of the Funds held 6y Lender is not eufflcient to pay the escrow items when due, Borsower shall pay to Lender any amount necessary to make up the deficiency in one ar more paymenla as required by Lender. Upon payment in full of all sums secured by this Security Instrument, Lender shell promptly refund to Borrower any Funds held by Lender. If under paragreph 19 the Property is Bold or acquired 6y Lender, Lender shall apply, no later than immediately prior to the sale df the Property or its acquisition by Linder, any Funds held by Lender at the lime of application as a credit against I he sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, ell payments received by Lender under paragraphs 1 and 2 shell be applied: first, to tale charges due under the Note; second, to prepayment charges due under [he Note; third, to amounts payable under paragraph 2; fourth, tv interest due; and last, to principal due. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, floes and impositions attributable to the Properly which may attain priority over this Security ]nstrumrnt, and leasehold payments or ground rents, if any. Borrower shell pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed paymrnl. Borrower shall promptly furnish to Lrndv all notices of emounta la be paid under this paragraph. If Borrower makes these paymrnls directly, Borrower shall promptly furnish la Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment ofthe obligation secured by the lien in a manner acceptable la Lender; (b) contests in good Faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent [he enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agrcement satisfactory to Lender subordinating the lien lv this Security Instrument. If Lender determines that any part of the Property is subject la a lien which may attain priority over this Security Instrument, Lender may give Borrower s notice identifying the lien. Borrower shall satisfy [he lien or take one or more of the actions eel forth above within l0 days of the giving of notice. 5. }lazerd Insurance. Borrower shall keep the improvements now existing ar hereaRer erected on the Properly insured against loss by Ere, hazards included within the term "extended coverage" and any other hazards for which Lender requires insurance. This insurance shall be maintained jn the emounta and for the periods [hat Lender requires. The insurance carrier providing the insurance shall be chq$ed-~ Borrower subject to Lender's approval which shall not be unreasonably withheld. (b(e~ All insurance policies end rrnewals shall be ec t e ttrfLender end shall include a standard mortgage clause. Lender shall have the right to hold the policies and renews If~~,.~e requires. Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. in the ev 0 r is ower shall give prompt notice to the insurance carrier and Lender.Lender may make proof of loss if not medep mp B mower. Unless Lender and Horrowerotherwise agree in writing, insuran ads shell be applied to restoration or repair of the Property damaged, if the restoration ar repair is economically f ible end Lender s security is not lessened. If the restoration or repair is oat economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. if Bmrower abandons the Property, or does not answer within JO days a notice from Lender Ihat the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Properly or to pay sums secured by this Security [rrslrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Harrower otherwise agree in writing, any application of proceeds to principal shell not extend or postpone the due date of [he monthly payments referred to in paragraphs I end 2 or change the amount of the payments. If under paragraph 19 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Properly prior tb the acquisition shall pass to Lender to the extent of the soma secured by this Security Instrument immediately prior to the acquisition. 6. Preservation end Maintenance of Property; Leaseholds. Borrower shall not destroy, damage or substantially change the Properly, allow the Properly to deteriorate or commit waste. If Ibis Security Instrument is on a leasehold, Borrower shall comply with [tae provisions of the lease, and iFBorrower acquires fee title la [he Property, [he leasehold end fee title shall not merge unless Lender agrees to the merger in writing. 7. Protec0on of Lender's Rights In the Property; Martllage Insurance. If Borrower fails to perform the covenants and agreements contained in Ibis Security Instrument, or there is a legal proceeding that may significantly aflecl Lender's rights in the Properly (such as a proceeding in bankruptcy, probate, far cotsdemnalion or to enforce laws ar regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in [he Property. Lender's actions may include paying any sums secured by a lien Which has priority over Ibis Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Properly to make repairs. Although Lendermay lake action under this paragraph 7, Lender does not have to do so. Any emounta disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shell bear inleres) from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. If Lender required mortgage insurance es a condilien of making the loan secured by thin Security Instrument, Borrower shall pay the premiums required to maintain [he insurence in eRat unlit such time es the requirement for the insurance terminates in ecrnrdence with Borrower a and Lender's written agreement or applicable law. g. InapecHan. Lender or its agent may make reeaonable entries upon end inspections of the Property. Lender shall give Borrower notice el the lime of of prior to an inspection specifying reasonable cause.for the inspection. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, arc hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shell be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. [n the even) of a partial [eking of the Property, unless Dorrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced 6y the amount of the proceeds multiplied by [he following fraction: (a) the total amount of 16e soma secured immediately before the raking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Dorrower. If the Properly is abandoned by Borrower, or iC, eRer nnlice by Lender In Borrower That the condemnor offers to make an award or settles claim for damages, Borrower fails to respond to Lender within 30 days alter the dale the nnlice is given, Lender is authorized to cotta[ and apply the proceeds, at its option, either to restoration or repairofthe Properly or la thesums secured by this Security Instrument, whether Drool then due. Unless Lender and Borrower otherwise agrce inwriting, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragrephs 1 end 2 or change the amount of such payments. 10. Dorrower Not Released; Forbearance Hy Lender Not s Waiver. Extension of the lime fur payment ar modification of amortization of the sums secured by this Security lnslrumenl granted by Lender to any successor in inleresl of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shell not be required to commence proceedings against any successor in inleresl or refuse [o extend lime for payment ar otherwise modify amortization of the soma secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in inleresl. Any forbearance by Lender in exercising any right or remedy shell not be a waiver of or preclude the exercise of any right or remedy. i 1. Successors and Assigns Bound; Joint sod Several Llabilily; Co-signers. The covennnts alsd agreements of this Security Instrument shall bind end benefit the successors and assignsof Lender and Borrower, subject to Ilse provisions of paragraph 17, Borrower's covenants and egrcemen[e shall be Joint end several. Any Borrower who co-signs Ihis Security Instrument but does not exaute the Nole: (e) is co-signing Ihis Security Instrument only to mortgage, grmu and convey shat Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear ar make any accommodations with regard to the terms of this Security Instrument or the Nole without that Borrower's consent. 12. Loan Charges. IF the loan secured by this 3ecurily Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so [hat the interest or other loan charges collected or [o be collated in connection with the loan exceed the permitted limits, then: (e) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; sod (b) any soma already collected From Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 13. Legislation ABecting Lender's Rights. If en nt or expiration of epplicoble laws has the eRal of rendering any provision of the Note or Ihis Security Instru~nforcea6le according [o its terms, Lender, a[ ila option, may require immediate payment in full of ell sums recur llurily tnstrumen[ end may invoke any remedies permitted by paragraph 19. If Lender exercises this option, Len ha a the seeps specified {n the second paragreph of paragraph 17. ~l/J l4. Notlcee. Any notice to Borrower provided for in this S menl shall begiven by delivering it or by mailing it by first class mail unless applicable law requires use of another m The notice shall 6e directed to the Property Address or any other address Borrower designates by notice to L.e r. Any notice to Lender shall begiven by first class mail to Lender's address stated herein or any other address Lender esignales by notice to Borrower, Any notice provided far in this Saurity Instrument shall be deemed to have been given la Borrower or Lender when given as provided in this paragraph. 15. Governing Lew; Severability. This Security Inslrumen[ shell be governed by fedeml law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this 3ecurily Instrument or the Note anflicts wish applicable law, such conflict shall not offal other provisions of this Security Instrument or the Note which can begiven arts[ without the conflicting provision. To this end the provisions of this Security Instrument end the Note are declared to be severable. 16. Borrowers Copy. Dorrower shell begiven one conformed mpy of the Nole and oFthis Security Inslrumen[. 1T. Transfer of the Property ar a Beneftcial Interest in Borrower, if all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at i[a option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as o(lhe dale of this Security Instrument. If Lender exercises this option, Lender shall give Borrower no0ce of aaeleretion. The notice shall provide a period of not less than 30days from the date the notice is delivered or mailed within which Dorrower must pay all sums secured by this Saurity Instrument. If Borrower fails to pay these sums prior to [he expiration of this period, Lender may invoke any remedies permitted by [his Security Instrument without further notice or demand on Borrower. 10. Dorrower's Right to Reinstate. If Borrower meets certain conditions, Dorrower shall have the right [o have enforcement of ibis Security Instrument discontinued at any lime prior to the earlier of: (a) S days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in Ihis Saurity Instrument; or (bJ entry of ajudgment enforcing Ihis Saurity lnslrumenl. Those conditions are that Borrower: (e) pays Lender all sums which then would be due Under Ihis Security Instrument end the Nale had na acceleretion occurred; (b) cures any default of any other wvenents or agreements; (c) pays eH expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action es Lender may reasonably require In assure that the lien of this Security [ns[rumenl, Lenders rights in the Property and Borrower's obligation le pay the sums soured by this Security Instrument shell continue unchanged. Upon reins[alemen[ by Borrower, this Saurity Instrument and the obligations seared hereby shell remain fully effective ae if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paregrapha 13 or ] 7. NONUNIFORM COVENANTa Borrower ender furdrer covenant and agree as follows: 19. Acceleration; Remedies, Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant ar agreement in lhls Security Inetrgmanl fbut not prior to aoreleretlon under paragraphs 13 end 17 unless applicable law provldee otherwlee). The aoBce eheR specify: (el Bte defaulh, fb) the action required to cure the default; (c) q date, not less then 30 days tram the date the trotlce le given !o Borrower, 6y which the default moat be cured! and (d) that failure to cure the default on or before the date specified In the notice mny result In acceleration of the sums secured by Ihis Security Instrument end sale of the Property. The aoHce shall turther inform Borrower of the right to relnalate niter aaelerotion and the right to bring a roar[ action to assert the non-existence of n default or any other defense oP Harrower to ecceleretion end 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 ail some secured 6y this Secorlty Inetroment wlfhout further demand end may invoke the power of sale and any other remedies permitted by applicable law. Leader shall be entitled to collect all expenses facurred in pursuing the remedies provided to this paragraph l9, including, but not limited to, reasonable attorneys' fees end costs of title evidence. It Lender invokes the power of sale, Lender shall execute or cause Trustee [o execute wrltlen notice of the occurrence otan event of default and of Lender's electlon la cause the Property to be sold, end shall cause such notice [a be recorded to each county in which any part of the Properly is located. Lender or Trustee shell mail copies of the notice es prescribed by applicable law to Borrower end to other persona prvscrihed by eppllceble law. Trustee shall give public notice of sale la the persona and In the manner prescribed by epplirsble Iew. After the time required 6y appiiroble law, Trustee, without demand on Borrower, shall sell the Property at public auctlan to the highest bidder at the time end place and under the terms designated in the notice of sale in one or more parcels end in any order Trustee determines, Trustee may postpone ante of all or aay parcel of the Properly 6y puhtle announcement et the tlme and place of any previously scheduled sale. Lender or Its designee may purchase the Prdperly at any sale. Trustee shall deliver to the purchnser Trustee's deed conveying the Property without any covenant or warranty, expressed or Implied. The recitals in the Trustee's deed shell 6e prime facie evidence of the truth of the eletemente made (herein. Trustee shall apply the proceeds of tie sale in the fa0owing order. (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; Ib) to all sums secured by this Security IaeWmenp end (c) any excess to the person or persons legally entitled to i4 20. Lender in Possession. Upon acceleration under paragraph 19 ar abandonment of tlse Properly, Lender (in person, by agent or by judicially appointed recdver) shall be entitled to enter upon, take posaeeeion of and menage the Property and to collect the rents of the Property including those past due. Any rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Properly and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, end then to the sums secured by Ihis Security Instrument. 2I. Reconveyance. Upon payment of all sums secured by skis Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument end ell notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Properly without wermnly end without charge to [he person or persons legally entitled to it. Such person or persons shall pay any recordation coals. 22. 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 Properly, the successor Trustee shell auceced to all the title, power end duties conferced upon Trustee herein end by applicable ]aw. 23. Area and Location of Property. Either the Properly is not more than (wanly acres in area or the Property is located within en incorporated city or village. 24. Riders to this Secorlty Inetroment. Ifone or mare riders ere executed by Borrower and recorded together with this Security Instrumrnt, the covenants end agreements of each such rider shall be incorporo[ed Into end shall amend end supplement the covenants and agreements of this Security Instrument as if the rider(s) were a earl of Ihis Security Instrument. [Check applicable box(es)] Adjustable Rate Rider ~ Condominium Rider ~ 2-4 Family Rider Graduated Payment Rider ~ Plenne nt Development Rider ® Other(s) [specify] -Addendum to Unifo L~,f~TT\\rust BY $IONINO BELOW, Borrower 9eceple and agrees [o lpeitgFnllY nd covrnenls contained in Ihis Security Inetroment and in any rider(s) executed by Borrower end recorded with it ....................................................................................... (Seel) JAMBS A. LAU -Borrower .......................................................................................(See]) LINDA M. LAU -Borrower TATE OF IDAHO,... IBpeca aglow Thlr llnr Far ArAnewled6mwntl - ........... MA ........................County ss: On this .........................day of... ......... NOVEMBCR...... ................. ., 19.~Q., before me,..........THE. UNAkRSIGHkP ....................... „ e Notary Public in end for said county and state, personally appeared..... JM`tES. ,A, ,LAU, AND ,Ir7,NDA, M. LAU known or proved to me to be the person(s) who executed the foregoing instrument, and acknowledged to me that t.he.y executed the same. In witness whereof 1 have hereunto set my hand and athxed my official seal the day and year in Ihis artifica[e first above written. ......................... ........ ........ ....... .. ... Notary Poane nrldlna wh MY COMMISSION EXPIRES: REQUEST FOR AECONVEYANCE TO TRUSTEE: The undersigned is the holder of the note or notes secured by Ihis Dced of Trust. Said note or notes, together with all other indebtedness secured by this Deed of Trust, have been paid in full. You arc hereby dlrccted ro canal said note or notes and this Decd of Trust, which are delivered hneby, and to reconvep, without warranty, all the estate now held by you under this Dad of Trust to the person or pemons legally enOtled lheroro. Aate :............. .. .......... ............ ..... ............ ............................... E~T "A" AllULt'NDUM TO UNIFORM DEGll OF.TRUST Loan No. 2720979851-4 Addendum alleclled to and forming part of Dted of trust of even dale by and between JAMES A I~All AND LrNDA M r du R GBAND AND k F es Oranlor; PIONEER. TITLE tDMPANY OF ADA COUNTY ea Trunlee; and WASI IIN(:TON I'fif]BRAL SAVINGS ANU LOAN ASSOCIATION, as Dencflefary. Unlfnrm Covennnl Nnmher 2, the second paragraph, la emended to add the fo8owing senlrnce et the end of said paragrnph, nx followx: A charge assexseJ by Lender in emmedion with Borrower's entering Into Ihls Securhy Instrument Io pay the cost of en independent tax reporting service shall not be deemed ^ ''charge" for purposes of any other langunge In this paragraph. Uniform Covemm~ Namber 2, the !bird poragraph, is amended to read as follows: If Ihr amnunl of the Punds held by Lender, together with the future monlldy payn¢nla of Punds payable prior to the due dmea of the excrmv items, shall exceed the amnunl required In pay the esemw iremx what Jae, the excess xlmll be, al Lender's option, either promptly repaid to Oorrower or ered8ed to Borrower on monthly payments of funds, if tlsc amount of the Punds held by Lender {s not sufficient to pny Ilse escrow Items when due, Borrower ahail pay Io Lender guy amount necessary Io make up the deficiency In one or more payments as required by Lender. Uniform Covenant Number 18 is amended by changing Ilse final period Io a comma and edding: or if eccrleratlon is made by Lender and a judicial Ivreclosure has been commenced. Nun-Unifnrm Covemm~ 21 h rcviacd la rcnJ as follows: 21. Rttvnvcynnee. Upon payment of all sums secured by Ibis Seavhy Imtmmenl, Lender shall regaesl Trustee la rernnvey the Pronerly and stmt! surrender Ihls Securhy Instrvmenl and ell nolea evidencing debt secured by Ibis SeNrthy Instrmncnl to Trualee. Trustee shell remnvey the Properly wllhonl wenenly to the person or persons legally cntlllcd to II. Such person ar persons shell pay any reeordatlon costs, and reasonable trustee fee for reconveyence. Nnn-Unlfnrm Cnvenam Number 25 Is nddeJ if the bus herein Is checked: GIOCCUI'ATION ql' I'ROI'L•RTY. T'hc following net Ions consllnlle a defanh: UPON COMPLETION 1. Fnihne by bmrnwer to occu PY xaiJ premises wlddn (10) ten dnys of closing, 2. Fnllure by borrower to cmuinuoaxly occupy th Premlaen for Igo days after the firs) occupancy. J. Prmiding any false, Inaccurate, or mislendin eel cottons, whether ddlberale or unintentional, and whdher made by vendor or borrower, wlricls lender r u((99(l/rTe1~~~'(gr t^he grenling of This loan. Lender may waive, In writing, items I or 2 above uportb¢pI~ by borrower. Delaull as herein provided will result In accelcreHon per Uniform Covenant 19 above. n Uale: NOVEMBER 3 , 1988 u/J/~j• STATC OP IDA}IO COUNTY OP ppq (Sj JAMES A. LAU (S) LINDA M: LAU On Ihls day of NOVEMEER I9 88 ,before me, the underolgned, a Nolery Pstblic In end for the Stale of IDAHO duly eommisaloned and sworn, peroonelly appeared JAMES A LAII AND LINDA M I A ' to me known to be the individual s described in and who executed the foregoing inxlrumenl, and acknowledged to me !teal THEY signed end sealed the avid Instrument as THEIR free end voluntary act end deed, for the uses and purpoaea therein mentioned. Witness my hand and official seal hereto afBsed the day and year In lhls cerlifleale abtrva wrlllen. LO a i glgg Nolery Publle for the Slate of IDAHO MY COMMISSION ERPIRES: Realding al "_ _ S AFFIDAVIT OF LEGAL INTERE~ STATE OF IDAHO ) COUNTY OF ADA ) I, hr - e / 3 8- aZ e5~: e lva (name) (address) /~ ~ ® being fast duly sworn upon '~7 P_b, s/Ir3h ~~Wrt~o- ir3lyZ oath, depose and say: (city) • (state) L That I am the record owner of the property described on the attached, and I grant my permission to; ~- (name) (address ~ ~ba to submit [he accompanying application pertaining to that property. 2. [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. Dated this 3 - day of ~ .,~ ~~ Zp v 3 . // ~ A A/// (Signature) SUBSCRIBED AND S WORN to before me the day and year first above written. ~~'C~()aA~~,. um ~Y a ~m~• ®dr ~ e~ ~ ~. 9 ~a II?3'~~" s~° x, y ; ,~. 6 .. - Notary pue,b~lic or Idaho Residing~l~~ My Commission Expires:~~^Q~ OrAra No. 5t-; 9681-3r • EsewMr No. STE; ?:~7 ]-bb 7. ALLIII A. ~.N I~ WARRANTY DEED FOR VALUE RECEIVED WILBUR D. VINCENT and CAROL J. VINCENT, husband and wife GRAN70R S, do hereby GRANT, BARGAIN, SELL and CONVEY unto GERRY R. MORISETTE and HELEN J. MORISETTE, 'husband and wife GRANTEE S, whose current address is 1804 N.W. 8th, Meridian, Idaho 83642 the following described real properly in Ada County, State of Idaho, more par'icularly described as follows, to wit: Lot 14 in Block 1 of CAROL'S SUBDIVISION N0. 2, according to the official plat thereof, filed in Book 39 of Plats at Page 3248, records of Ada County. Idaho. TO HAVE AND TO HOLD the said premises, with their appurtenarices unto the said Grantee s their heirs and assigns forever. And the said Grantors do hereby rovenant to and with the said Grantees ,that t he Y are the owners in fee simple of said premises; that said premises are free from allincumbrances except reservations, restrictions, dedications easements, rights of way and agreements {if any) of record and general [axes and assessments {including irrigation and utility assessments, if any) for the year 1985, which are not yet due and payable. and that they will warrant and defend the same from all lawful claims whatsoever. Dated: ugust 1985 , , . (~ ~~~~1/"v ilbur D. Vin nt ACKNOwLEDGF.MENT Idaho STATE OF __-- Individual Counry of Ada __, ss. Au ust On this. ~ th -- day of _ `P'-"_--_---- in die gear of_ -__1985____, before me, nc~ undersigned, a Notary Wilbur Publir~ m and for said Surc. personally a~pgpe,.ared~,,~ ~., ----- _~1inrPnf' arA ~~n.l _+L~-.7-+ry-'~~~-~--- - known or idenyfie~..m ms~gsbz Ch;~p!r159n.f--„n'hose name_g~Tl~~--- r. ..~ _., Jlis -- C r<'. i.:e.. _"•_ .\ z H STATE OF IDAHO. COU NTV OF 17 I hereby Certify That this instrument was liletl for racortl at the re- C west or STEWART TITLE m !~ / ~ ~ 2 at ~.7 ~ mi.+u!espast ~Ci o'clock - rn., ~ this ~j day of Cry 1C Z tg` ,in my office, and8uly recorded in Book _~ ~ of Deeds at page STATE OF IDAHO ) COUNTY OF ADA ) AFFIDAVIT OF LEGAL INTEREST I, G® l: ~~6 , d ~'. ~: ss e /1. /s-~ 6 l.~s li` e cv~ Y (name) (address) being fast duly sworn upon M¢r~~ ~ rc rt.. , _~da !6U 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: C."~y o~ M.r.:d:a K cs/ Aen,~ 5 brae ~E.way, 106q ~~ s f: K p~,~c`'te..•dEaK. Z-D (name) (address) to submit the accompanying application pertaining to that property. 2. I agee 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. Dated this [6 ~l day of Ma/ah ,20y3 ~pp~/~ ~, (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. Aw~~p } ~~pS6BO d ~ry ®~~I®r ~~~ \A~ ] W1r~ o" e,Q~ Notary Publi for Idaho ~yegTA~~• ~ Residing at,~j\)~~,. ~~~ ® w ,m+o~ n A awe a~ ,a, SG m My Commission Expires:~r~ dlBL Q,: am OF ~y~~~4 OMn No ~'l '~ ~~''' GIUITCLAIM DEED FOR VALUE RECEIVED CLIPFORD E. BISSELL and PHYLLIS S. BISSELL, husband and wife GRANTOR do hereby CONVEY, RELEASE, REMISE and FOREVER pUIT CLAIM unto CLIFFORD E. BISSELL AND PHYLLIS S. BISSELL, AS CO-TRUSTEES OF THE CLIFFORD AND PHYLLIS BISSELL TRUST UNDER TRUST AGREEMENT DATED ,TA~1~1~~G, 1991, AND THEIR SUBSTITUTES AND SUCCESSORS AS TRUSTEE THEREUNDER whose current mailing adtlress is: 1566 Leslie Way, Meridian, ID B3fi42 the following described real property located in Ada County, State of Idaho, more particularly described as follows, to wit: Lot 18 in Block 1 of Carol's Subdivision No. 2, according Co the official plat thereof, filed in Book 39 of Plate at Page 3248, records of Ada County, Idaho. 9193121 srEwaRT not ADA ~.; i~l i'f, I D. FOR _ J. DAVID NAVARR RECORDER f/ '91 AUG 6 P19 together wilh their appurtenances. Dated: August 1, 1991 CL FF E. BISSELL P~iYLLI 5. BISSELL ' STATE OF IDAHO , ~„n,y ~ ADA ss On rhis 1st day of AuAUS[ ' in nc~ YCU O( 1891 ,brhrc me, nc~ undersigncd,aNorary Public in and Far said grac, penonally appeued of TFFOAn F. ~ICCFT.T. d PHYLLIS S 8255ELL known or iarndeca rn mcrubc me permn~wnuac na a arq„y. ssr,bcd io the within ins~n+mcn~, and arknowledgcd m me nc~ they nrrmcd nc~ same. Sigmmre. ,~11.'~'d- ena Burnum 'P+ J ~ n.o<~~Y,~n MY rom4' uya J-res~'~ 7,Aa5 ® a J:~'~,r ~ ~ ,~ °v ~ ~~~ This form furnished courtesy of q'f ~fi' ~~RT TITLE OF IDAHO Inc. .,r,,,...,aa yn~,„.. ,~,M,m„ ,- ~AFFiDAVIT OF LEGAL INTERES~ STATE OF IDAHO ) COUNTY OF ADA ) I, t'J I /V~ ~d5L1G~ (name) (address) ~ \ being first duly sworn upon ~/ ~ oath, depose and say: (city) (state) That I am the record owner of the property described on the attached, and I grant my permission to: c, t~~I~ me) (address) to submit the accompanying application pertaining to that property. 2. [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. Dated this 3 / day of 20 tV (Signature SUBSCRIBED AND S WORN to before me the day and year first above written. noge~e44~~Neq~b Ti @~'~ A~ 8 ~ypTl,RS, ~t ~ ®o® ~ ~ pU$LZG ,,,~~~~ ~°°esooea Q ~.~ T~ a~ iv~~~ . ~°°*h~eaQapd°°/ ~~>~ No Publ'~ o,r, I,,d~a^ho A ,~ - h, ~ *~ Residinga;I~/- oxSD~Si-'t~v' My Commission Expires:~(~~ 0~/}4/D3 08:58 FA$ 57b 0887 ~(. ~ ~ 77118 FORM FI'R\u'fltD lT1UR7'F1+R 4R ~ ZC~~Jn Jam': aG~y~~~ ~L rtr^' ~G ""~ ST~WARTTLTI,E OFputiHO, iNC.. '92 OEC 3 P!~ 3 58 ,` r hS50n15®O . ~ RFAD4 APiROYEA 67 CAAMFF401 ~iO ~ - SPACE ~60~E1711S LLtE FOR QEtLRnI,`'u` 0.jTA~_ ~' 0060 ~ ~ ~ ~ ; 'Oro@r NO-~- 92D355b6 Fw/po ;.FOR'VALUE$EC61VEA' MARVIIP GENE STRONG: JR AND RF.sECCA, A1'N STRONG,, . ::;: WUSBAND 'AND WIFS .. .. GRANTOR(S); does(do) hereby GRANT, BARGAIN; SELL and CANVEY unto BRUCF. A. DYER' ''~". AND;; STELLA L: AYBR,. HUSBAND, AND wiFB,.. . GRANTSfi(S), whose~wrrenr address is:,~.: 1598' LBSLIS DR. , L~RIDiAN, IDAHO:. 93647 `'. the following described.real property in At~A ~ .county, StatB of Idaho, nmre particularly ~esgrltied as follows; W wit: ' , ~ ~ . •~'EoC~'19~in Bloe$ 1 of'CAROL'S~SU9DIVISION ND. z, according . ~'~toths Official~Plat thereof,.fiied in~6ook 39 of Plats a[,~ ~ . "~' Page~fs) 3748-3749,~records of Ada county, Idaho, '' TO }(pVE AhID 'IO ,HOLD' the said premises. with theirappurtcninces unto the said G?antui(s), and GIalltec(s) heirs and. assigns forever, And the said Grantee(s) does(do) hclYliy eogenant tc and with thr- said: ~'.~~ Grantee(s),'dtat Grantor(s) is/are the owner(s) in fre simple of said premises;that said premises are fax from ' -~• ail'znrxmlhrance5. EXCEPT thosa to which this conveyance is expressly made subiecr and those n>.7de, suiTcrcd ' r`or done by the Grantee(s); and subject to reservations, restrictions, dedkaliolu, easements, riglus of~way and :~,; agreements, (if any) of record, and general taxes and assPSSmenls, (including irrigation and utility assessnunts, ' ~~~ if any) for lhts current year, which are not yet due and payable, and that Grantor(s) will wnrrram and defend ', '~ ~ the sapte from all I,awftti claims wltataoever. .~Dafea: Decolnber O1, 1992 . ~ ~ ~ ~ , :'MAkV IN GENQ STB.ONG, JR: STAYS OF' IDAHI COUNTY~QF J.T>}; ' ~~ On this ~ sJr.. Ptiblie in and~?or 3a1 STRONG ^~" .. z , known or~•idcnuff® :imc: FAP7ELA J, BIGELOW_ ._ _ ipp. ~r peon ~ . Residing al: 20ISE .. .. _. ___....- Z ) ) /i,'/_ 'yirn ~ .ice, .~.:.~~~ ' REHECCA~ANN STRONG ~~ ~ "~~ i ~`en.i , in 6~e ywr of J94 1 , be+orc me. the undersigned.':) Notary appeared [NA.4ViN GFNE STRONG. aN^ REBECCA ANN f: h)S {o be dte p~rcan(sl n'ho~c namcl s) ixlare+ subscribed to the wilhln Instrumem. and '' 1l+lChcllhCJ PC6CIIrCft LRC San1C. ' aza-aooz - eNCe smart Carol's Subdivision ~ 1 LAST NAME II FIRST N E William 8< Mary Lynne ADDRESS 1058 Justin Place ~ Y 1 Area 1.204 a 2 • ~ entley issell 8: P.S. Trust oyle Connee C.E. Maureen 3154 Leslie Drive 1888 Leslie Way 3109 Leslie Drive Y Y Y 2 3 4 0.873 1.065 1.003 r randt Julie 3088 Leslie Drive Y 5 1.028 s rock Telford 2878 Leslie Drive Y 6 1.012 • rockway Dennis 8 Mary 1089 Justin Place Y 7 1.060 • • 9 Ihoun Dyer William Bruce 8: Stella 1407 Leslie Way 1698 Leslie Way Y Y 8 9 0.991 1.016 ° laesemann Margin 1108 Justin Place Y 10 1.207 I atmaker James 8 Patsy 3014 Leslie Drive Y ~ 11 1.006 o Helms Janine 1374 Leslie Way Y 12 1.286 ~ Johnson Wafter (Jim) 1083 Justin Place Y 13 1.062 • ne Ray 8< Judy 3047 Leslie Drive Y 14 1.044 ~ Lau James 1406 Leslie Way Y 15 1.039 • artin Russell 8: Doris 1375 Leslie Way Y 16 1.003 ~ ellor Douglas 1035 Justin Place Y 17 1.887 ° orisette mith Geary Kent 1438 Leslie Way 1342 Leslie Way Y Y 18 19 1.011 1.126 iesemann Dieter 2877 Leslie Drive Y 20 1.078 • illiams Walter & Roberta 3104 Leslie Drive Y 21 1.002 • oungstrom Frank 8 Barbara 2831 Leslie Drive Y 22 1.001 Total Acreage: 24.004 Fier 22 03 04s51p QCI• 20342 0092 p.2 Apr;! z2, 2003 Page 1 0l'7 1VI1/RIllfA,N C1TV ANNEXATION CAROL'S SUBDIVISION NU. 2 ANNEX #i ~~ ^^ 9uadretht Consulting, Inc. A tract of land being all 01` Lots 18 and 19, Block I of C'arol's Subdivision No. 2, as shown in Book 39 of Plata al Pages 324$ at1t13249, records of Ada County, sand portions oi'Nortl, 1_eslie Way and Ustick Road, all located in the Northeast 1/4 of Section 5, Township 3 North, Range I last, B.M., Ada County, idallo. Said tract being more particularly described as follows: Commencing at the Northeask Cornet of said Section 5; thence South 89°39'2U" West 1328.08 feet aloltg the north lute of said section also being Oxe centerline of said Ustick Road to the POINT (7F 13L+'t:INNINC; thence leaving said section line and centerlitu; South 00° 1.5'I I"East 390.00 feet along the extended east line of said Carol's Subdivision to the souiheast confer of said Lot 18, thence leaving said east line South 89°55'35" West 249.38 feet along the extended south line of said Lot 18 to the centerline of North Leslie Way; thence along said centerline the following 3 courses: North 00°04'47" L-'asc 50.18 feet; thence AIOrt~ a c°itrve to the right 22.56 feet, said cuivr. having a radius of 200.00 feet, s delta -angle of 6 27 51 and a chord bearing and distance of North 03°18'42" East 22.55 feet; tltcnce North 06°32'38" East. 318.44 feet to the centerlinti of said Ustick. !toad; thence North 89°34'20" Bast 209.99 feel W the PO1NT OF BEGINNING. Said bract contains 90,592 square feet or 2.08 acres, Anore or less, ~9 APR 2 , i008 Fublia W 405 S. Rth S}reet, Ste. 245 • Boise, ID 93702 • Phone 1208) 342-0091 • Fax (208J ~q2-~92 • Inlernei; quodranf~quadranLcr Civil ry~gineering • Surveying • Constn~ction Management Apr 22 03 04: Slp QC: 20342 0092 p. 3 Apri122, 2003 Page 2 0l'7 MERIDIAN C.ITYANNEXATIUN CAROL'S SUBDIVISION N0.2 ANNEX #2 ~~ ^^ Quadrant Consulting, Ihc. A tract of land being all of Lots 9, 12, 13 and 14 of Block 1; Lots 20, 23 and 24, of Block 2 of Carol's Subdivision No. Z, as shown in Rnnk 34 of'Plats at Pages 3248 and 3289, records of Ada County and portions of North Leslie Way and Fast Leslie Drive located in the Northeast 1/4 of Section 5, Township 3 North„ Range I East, B.M., Ada County, ldaho. Said tract being more patticulariy described a, fulluws: Commencing at the Nor'theasl Comer of said Section 5; thence South 89°39'20" W cot 132&.08 feet along the north line of said section also being the centerline ol'said Ustick Road to a point; thence leaving said section line and centerline South 00°15'11"Fast 938.03 feet along the extended east line of said Carol's 5ubdivisian No. 2 to the northeast confer of said Lut 14 being the YOiN7' OF BEGINNING, thence continuing along said east line South 00° l5' 1 I " k::ast 545.25 feet the southeast corner of said Lot 12; thence leaving said east line North 71°44'50" West 196.81 feet along the south line of said Lot 12 to the northeast corner of said Lot 9; thence South 12°35'24" West 238.15 fleet along the extended east line of said Lot 9 to the centerline of said F,,ast Leslie Drive; thence along said centerline the following 2 courses: North 77°24'36" West 158.04 feet; thence Alatg a curve to the right 57.00 feeta said curve having a radius of 225.00 feet, a delta angle of 14°30'50" aitd a chord bearing and distance of North 70°09'15" West 56.84 feat; thence leaving said centerline South 27°06'19" West 272.G1 feet along the extended east line oCsaid Lot 20; thence North 77°24'36" Wcst ] 86.92 ('eot along dre soul!! lulu of sold Lot 20; thence North OU°23'19" West 50.00 feet along the west line of said Lot 20 to the northwesterly corner of said Lot 20; thence North 47°41' 16" Fast 315.42 feel along the extended northwesterly line of said Lot 20 to the centerline of said North Leslie Way; thence along said centerline Along a Curve to the left 83.05 feet, Bard curve having a zudlus of 225.00 feet, a dcha angle of 21°08'53" and a chord hearing and distance of South 49°00'87" )vast 82.58 feet; thence !caving said centerline North 34°SS' 15" Last 261.03 feet on the extended easterly line of said Lot 9 to the southwest corner of said Lot 12; thence North 14°05'44" Fast 240.53 feet alozlg the west line of paid I .nt 12; thence North 3(1°53'08" East 45.00 feet to the confer of a cut-dc-sac street ]yhrg cast nl'said North Leslie Way; thence along the centerline ol'said cut-de-sac sheet North 59°06'57" West ] ]0.02 fret to ll:e ctrntorlin~ intersection with said Nonh Leslie Way; thence along said centerline of Notch Leslie Way the following 2 courses; 405 S. 13th Sheaf, Ste. 295 • Boise, 10 83702 • Phone (208) 342-D091 • Fox (208) 342-0(142 • Internet: quadtcsni~quadraM.c:c Civl Englneedng • Surveying • Conshuction Manpgement Rpr• 22 03 04: Sip npni122, 2003 Page 3 of 7 QC (Annex #2 continued) 20342 0092 ~~ ~~ S2UadfClnt Consulting, Inc. Along a curve to the right 223.53 feet, said curve having a radius of 500.00 feet, a delta an8,le of 25^3G'S2" and a chord beariulf; and distance of South 42°40'51" West 221.67 feet; thence Along a curve to Uie left I W.38 fleet, said curvc haviz~ a radius of 225.00 £eet, a delta ;tt>gle of 25°33'46" and a chord bearing: and distance of South 42°42'27" West 99.55 feet; thence leaving said centerline North 62° 18'29" West 246.66 feet along the extended southerly line of said Lots 23 and 24 to the southwest corner of said Lot 24; chance North p0°23'19" West 154.57 feet along the west line of said Lot 24; thence North 65° 11'5 l "East 237.371i:et along the extended northwesterly line of said Lot 24 to the center of a cut-de-sac street lying west of said Notch Leslie Way; thence along the centerline of said eul-de-sac street South 59°Oh'S6" East 25R.43 feet to the centerline interjection willx raid North l,tslic Way; tltcuue aloof; said centerline of North Leslie Way, Along a curvc to the left 171.66 feet, said curve having a radius of 499.8E feet, a delta angle of 19°4p'34" and a chord bearlug and distance ol'North 20°02'31" East 170.82 feet; thence leaving said centerline South 79°47'48" East 264.4E feet along the extended norllx line of said Lot 14 to the POINT OF BEGINNING. Said tract contains 334,904 syuarc fu.t or 7.69 acres, more or less. b9 AP 3 2003 } Wyk Dep1» p-4 405 S. 81h Street, Ste, 295 • Boise, ID 63702 • Phone (208) 342-0091 • Fox (208) 342-0092 • Intemel: quodr'dnir~quodrpnt,cc Civil Englneering • Surveying • Construction rvtondgemenl ftpr 22 03 04:52p QC ~ 20342 0092 p.5 April 22, 2003 Page 4 01' 7 MERIDIAN (".I'CV ANNEXATION CAROL'S SUBDIVISION NU. 2 ANNEX #3 ^- ^^ Quadrant Consulting, Inc. A tract of laird being all of Lots 10, 12, 14, 15 and 16 of Block 2 of Carol's Subdivision No. 2, as shown in Book 39 of Plats at Pages 3248 and 3249, records of Ada County and a Portion of North Justin Place all located in the Northeast 1/4 of Section 5, Township 3 North, Range 1 East, B.M., Ada County, Idaho. Said tract being more particaltrly described as follows: Commencing at the Northeast Corner of said Section 5; thence South 89°39'20" West 1328.08 feet along the north line of said section also being the centerline of said Ustick Koad to a point; thence leaving said section line zuul centerline South 00° 15' 11 "East 2012.00 foot alor~ the extended east line of said Carol's Subdivision No. 2 to the northeast corner of said Lot 10 being the POINT Or BEGINNING, thence continuing along said east lice South 00°15'11" Fast 132.50 feet; thence leaving said east line South 89°55'35" Wcst 394.67 feet along the extended south line of said Lot 10 to the centerline of said North Justin Place; thence along said centerline South 00°03'22" Fast 131.00 feet; thence leaving said centerline North 89°55'35" East 400.12 feet along; the extended north line of said Lot 12; thence South QO°15'11" East 131.00 feet along the east line ol'said Lot 12; thence South 89°55'35" West 355.77 feet along; the south liuc oCsatd Lot 12; thence South 84°D6'43" West 45.00 feet to the center of the cut-de-sac nn said North ,iustin Place; thence South 00°04'29" East 200.00 feet along the extended east line of said Lot 14; thence youth 89°44'01" West 351.48 feet along the south lint of said Lot 14; Urence North 00°23' 19" West 494.55 feet along the west line of said Lots 14, 15 and 1 G; thence North R9°5.5'35" East 354.78 feet along the extended north line of said Lot 16 to tlic c.~:ntedure of said North Justin Place; thence along said centerline Along a curve to the right 106.06 k'eet, said curve having a radius of 1139.39 feet, a dells angle of 5°20'00" and a chord bearing and distance of North 04°25'36" East 106.02 feet; (hence North 89°55'3S" East 390.40 feet along the extended north line of said Lot ] 0 to the POINT OF BEGINNING. Said tract contains 279,352 square feel or 6.41 acres, more or less, bg APR 2 3 20D3 Works Dept 405 S. Bin Srrvet, Ste. 295 • Bolse, ID 83702 • Phone (2081 342-0091 • Fox (2081 342-Op9'7. • Internet: quatlrant~qundront,cc Civil Engineering • Surveying • Consiniciion Management Apr 22 03 04:52p @GI 20342 0092 p.6 April 22, 2003 Page 5 of 7 MERIDIAN CITY ANNEXATION CAROL'S SUBDIVISION ANNEX #4 ^^ quadrant Consulting, Inc. A tract of lazed being all of Lots 1 thru S, Block 1. and Lots 2 thtu 4, Block 2 0l' Carol's Subdivision, as shown in Book 38 of flats at Pages 3164 and 3165, records ofAds County and a portion of East Leslie Drive and North Eagle Road all located in the Northeast 1/4 of Section 5, Township 3 North, Range 1 East,13.M., Ada Cotutty, Idaho. Said tract being Wrote particularly described as follows: Conunencing at the Northeast Corrrer of said Section 5; thence South 0°00'OU" Fast 17U 1.27 feet along the east line of said section also being the centerline of said North Eagle Road to the POINT OF BEGINNING, thence continuing along said section line and centerline line South p0°00'00" East 121.73 feet to the centerline intersection with East Leslie Drive; thence leaving said section line and centerline of North F..agle Road North 90°00'00" Wcst 114.70 feet along the centerline of said East Leslie Drive; thence continuing along said catAlorlittc. the followir~ 2 courses: Along a curve W the right 48.81 feet, said crave (raving a radius of 75.00 feet, a delta angle of 37° 1 T08" and a chord bearing and distance of North 7l°21'25" West 47.95 leer; thence Along a curve to the left 77.39 feet, said curve having a radius of 538.00 feet, a delta angle of 8° 14'31" and a chord hearing; and distance of North 56°50'06" West 77.32 feet; thence leaning said centorlinc South 29°02'35" West 224,49 feet along the exl:endcd east line of said Lot 2, of Block 2; thence North 89°46'00" West 45fi.73 feet along the south line of said Lots 2 thru 4, Block 2 W the southwest corner of said Lot 4, Stock 2; thence North U8°01'47" West 222.23 feet alortg the extended west line of said Lot 4, Block 2 to the centerline ofsaid Last Leslie Drive; thence along staid ecntcrtinc Somh 81°58']3" West 68.58 .feet; thence leaving said centerline North 0$°01'47" West 233.49 feet along the extended west line of said Lot 5, Block 1; thence Nurtlr 77°26'30" )J'ast 479.50 feet along the north line ol'said Lots S, 4 and 3, Block 1; thence South 72°24'04" Eab-t 228.21 feet (as corrected by an Affidavit of Amendment, Instrument Number 773200, records of Ada Carroty, Idaho) along tha north litre of said Lots 3 and 2, Block I ; thence South 44°OS' 18"' East 304.10 feet along the north line of said Loll 2 and corner of said Loi 1,131ock ] ; tltancc South 90°00'00" East 25.01 feet to the POINT Ola BEGINNING. Said lraA,:t contains 354,485 square feet or .1.4 acres, more or less. q 3 2003 Meridian Pnblia Worka Dep1» 1, Block 1 to the northeast 4U5 5, 6th Streni, Ste, 295 • Boise, 10 83702 • Phone (208) 342-0091 • Fax (208) 342-0092 • Internet: quodrontt~quodront,cc Civil Engineering • Surveying • Construction Management Apr 22 03 04:52p @GI• 2342 0092 npRrr, M2, 2003 MERIDIAN CITY ANNEXATION PAGE 7 of 7 ~~ CAROL'S SUBDlV15lDN5 ~~ Quadrant LlNC AND CURVE TABLES Consulting, Inc. LINE TABLE_ LINE BEnI?wC LCNCTia L6 500'15'11°t 545.25 L/ N71'44' "W 196.81 L8 51r 6'2q"yy 23S.~IB ~~ L9 N77'~ '36"W 158.04 L10 9" . 277.81 _.~. L11 n '2x'36".W i8a.9~ ~~ L12 00' 3'79"W 90.00 L13 N4T41'16"E _ 315,42 u a .. 4'55' S°F 261.03 . I,1b _. N14'0T44"E 240.53 ___ Lt6 NS 'S3b''" 45.OU Lt? L1S N59'OG'57"W 62'15'29°W 1IO.02 .. 246.66 Lt9 ~~~'~~ N00'23'19"w 154.57 120 ~-~~ N65'11'lit"I~ 237.37 ~L21 S59'OG' °C 258.43 L22 579'47'4 "~,., 264.46 LINE TA51..F _ LINE $EARING~ ~ LENGTH L'23 500'15'11"F 132.50 L24 589':15' Sh"W 399.6 / L25 S 0' 2" 131.00 L2G N 9'5 '35"E 400.11 ~~~ ~ L27 ~U~1 ~ 11 "t ~ d l .00 L.28 _.. _.. 559'55'35"W 355.77 _ L79 _ N00"23'19"w 494.55 ~L:~O N89"55'38"f_ 3:,4.78 l31 NS9'S.5'3ti"p 390.40 L41 5H4'06'4 "W 95.00 ~ L4. 30 '04'"~"[ -00.00 L43 58 '4a` 1"W 351.48 LINT TnOLE _ _ _ F_INC BEARING LENGTH L32 SDO'o0'On"I~, 127.73 L33 N9o•no'DO"w 1+4.70 L34 N08' 1'47°W _222.23 L35 S$1'S$'1 "W _ 68.5_8 ~~~ L36 N08'Ot'47"W ~ 2.55.49 L37 ._.._ _L39--. L59 ..._._t_4o__.. __ L44 N7T26'3p:'~. _~7.?~_24'g4"E .44.:0.'.x'.?.8.". E .. .._S'3.Q'00'UO..E S~S~~S_'W_ ..479.b0 .. . 2?5.21 .......... .,.:_eSCi4, t t7 ?S.a1 _17.4,:49.._. L45 N 9'46'00"W 458.%3 ANNEX #1 ANNEX #2 p.e CURVE TABLE _ CURVL LENGTH RADIUS DELTA Ci~IORD BRG. CHORD C6 83,05 225.00 _ 1'08'59" 549'00'67"F,' 82.:,8 C7 223.53 50D.00 25'36'52" S42'4U'S1"W 221.Ei7 C8 100.35 225.00 25'33'4G" S42'42'27"W 99.55 C9 171.66 499.$6 ~~ 13'90'39" .. N2U'U2'.)1"L 170.82 Ctt 57.00 Z2S.OD _ ..... 14'30'50" N7U'U9'75°W 56.84 ANNEX #3 ANNEX #4 HORU 8R0_ CHIiH I) '. ~ 4 /.'. , ---. „I 77., ~. N 56'50' 06' W......,_- 4055.81h Street, Ste, 7.45 • Boise, Ip 83702 • Phono (2D8j 342-0091 • Fax (208) 342-0092 • Internet: quadronl~quadrUnLcc Civil Engineering • Surveying • Conslruclion Marlagernerlt