HomeMy WebLinkAboutGrow, Shannon AUP 00-011City of Meridian
Accessory Use Permit
Issued to: Shtnnon Grow Permit # Allf-Oo-011
Address: 1 4'1 W. Penn ona, Meridian ID 23642. Home Phone #_899- 0380
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Approved Use:
Date Issued: 10-11-00
It is the intent to permit home occupations in residential dwellings which do not change the appearance of the residence nor the
conditions of its residential character. The following conditions shall apply: (1) No person other than members of the family residing
on the premises shall be engaged in such operation; (2) The use of the dwelling unit for home occupation shall be clearly inci-
dental and subordinate to its use for residential purposes by its occupants and not more than twenty-five percent (25%) of floor
area of dwelling unit shall be used in the conduct of the home occupation; (3) No article shall be sold or offered for sale on the
premise except such as is produced by the occupants on the premises and no mechanical or electrical equipment shall be installed
or maintained other than such as is customarily incidental to domestic use; (4) No significant traffic shall be generated by the con-
duct of such home occupation, and any need for parking generated by the conduct of such home occupation shall meet the off-
street parking requirements as specified in City Ordinance and shall not be located in a required front yard; (5) No equipment or
process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, or electrical interference
detectable to the normal senses off the lot if the occupation is conducted in a single family residence; (6) In no way shall the
appearance of the residence be altered nor the occupation be conducted in a manner which would cause the premises to differ from
its residential character in the use of construction, lighting, signs, and in the emission of noise, fumes, odors, vibrations or elec-
trical interference.
Approved: i Laud. kAIA? Approved: x'11 IA..
Miming & Zoafng 6Fire Department
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NOTICE OF APPLICATION
NOTICE IS HEREBY GIVEN, pursuant to the Ordinances of the City of Meridian
and the laws of the State of Idaho, that Shannon Grow has filed with the Zoning
Administrator of the City of Meridian an application for an Accessory Use Permit
for the operation of a graphic design business out of her home at 1087 W.
Pennwood Street, Meridian, Idaho. Comments, either for or against, said
application must be filed with the Zoning Administrator within fifteen (15) days
after the initial publication of this notice and shall be addressed to Shari Stiles,
Zoning Administrator, City of Meridian, 200 East Carlton, Suite #201, Meridian,
Idaho. If there are objections filed within the time allowed, the Planning and
Zoning Commission shall hold a public hearing on the appK;'1Eion, after proper
notice, and may grant or deny the application after making and adopting Findings
of Fact and Conclusions of Law.
The property at 1087 W. Pennwood Street is more particularly described
as Lot 7, Block 3, of Fenway Park, Meridian, Ada County, Idaho.
Any and all interested persons are welcome and invited to submit
comments.
Dated this 15th day of September, 2000.
SHARI STILES, ZONING ADMINISTRATOR
PUBLISH September 20th and September 27th, 2000.
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SEP 12 2000
CITY OF MERIDIAN cri-v op mlllf) Acv
33 East Idaho Street, Meridian, ID 83642 PT AINWING & ZONING
AUP 00- oil
ACCESSORY USE APPLICATION
g �q-11-75`15
APPLICANT: �j X1 til �,c) Phone:
(Owner or holder of valid option)
ADDRESS: LC :] &2 t'�
GENERAL LOCATION: ( y 1C It �1 `r G rIC(I r -
LEGAL DESCRIPTION OF PROPERTY (Attach description if lengthy): -71 :.r�wc ✓K
PROOF OF OWNERSHIP: Copy of property deed must be attached, with option agreement and
notarized consent of owner if applicant is not legal owner.
SIZE OF PARCEL OR LOT: ZONING CLASSIFICATION:
VICINITY SKETCH: A vicinity map at a scale approved by the City showing property lines,
adjacent uses, streets existing and such other items as the City may require. Also include a site plan
showing boundaries of property, floor plan of house, area intended for accessory use, and parking
and yard areas.
SURROUNDING PROPERTY OWNERS: Provide a list of names and addresses of all abutting
property owners. Abutting land includes parcels across the street on alleys and kitty corner from
property, including where a street or alley is between your property and the other property. (This
information will be provided by City of Meridian.)
DESCRIPTION OF REQUESTED ACCESSORY USE: C cn , h i . 'b2S /Cin
FEE: $80.00
1. Use made of all abutting lots or parcels: &One,
2. Are there other accessory uses of a similar nature in the area? If so, state the location and the
accessory use: IQ0-T Krto-vjQ
3. Possible adverse impacts on adjacent property such as noise, traffic, excess light, odor,
etc.: /lO ne
4. Do you agree to pay increased sewer, water or trash fees if such are required due to increased
use? UPS
5. 1-4the accessory use includes construction of a building on the lot or parcel, complete the
a. ill all parts of the accessory building be located within the lot or parcel?,
b. Is the p ' building already constructed?
C. Is the acces building to be attached to the primary building?
d. Will the access building be constructed in the rear yard of the primary building?
e. Will the accessory ilding occupy less than 40% of the required rear yard for the
primary
structure?
f. If the answer to the above ' no, will the accessory structure be connected to the
primary structure and will both primary and accessory structure then meet all yard
and court requirements?
g. Does the height of the accessory buil exceed 15 feet?
h. If the lot or parcel is zoned commercial, is at abutting property zoned residential and,
if so, will the accessory use occupy any of the hWt yard?
6. f the accessory use is for a Family Child Care Home, complete the following:
a. s a State of Idaho basic day care license required for this type of facility?
If ach a copy of your license.
b. Have you a 'ed for or received an occupancy permit?
If so, attach a cop f your application or permit.
C. Is one off-street parkin ace per employee provided?
d. If the home is located on an' or collector, is an off-street child pick-up area
provided?
e. Is screening of adjacent properties provide .
f. Is the play area for the children fenced from str and neighbors?
If so, what is the fence height and type of construct* ?
7. If the accessory use is for a home occupation, complete the following:
a. Are only family members residing in the principal residence? UtS
b. Is the use of the residence as a home occupation incidental anduseordinate to its use
as a residence?_ S
C. Will the home occupation use more than 25% of the floor area of the dwelling?
2
d. Will any item be offered for sale that is not produced by the dwelling occupants of the
premises? Nn
e. Will mechanical or electrical equipment be installed or maintained other than such as
is customarily incidental to domestic use? NO
f. How much traffic will be generated by the occupation? No 11'e-
9. Will off-street parking requirements be met? q �,
h. Will off-street parking requirements be located in a required front yard? NbV
i. Will equipment or processing create noise, vibrations, glare, fiunes, odor, or electrical
interference detectable to the normal senses off the lot? Nb
j. Will the appearance of the residence be altered or the occupation be conducted in a
maturer which would cause the premises to differ from its residential character in the
use of construction, lighting, signs and in the emission of noise, fumes, odors,
vibrations or electrical interference? r4
I hereby certify that the information contained herein is true and correct.
STATE OF IDAHO )
ss.
County of Ada)
SIGNATURE: koy1nj LA
SOCIAL SECURITY NO.:
DATE: G-1`2--00
<k
On this ,12 ' day of , 2000, before me, the undersigned, a Notary Public in
and for said State, personally applared SL Q nay► Gro , known, or proved to me, to be
the person(s) whose name(s) is (are) subscribed to the within instrument, and acknowledged to me
that he/she/they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day
and year in this certificate first above written.
(SEAL)
taryublic fo Idaho
irig at: E,'
My Commission Expires: 0,;Z, 04 -2-006
3
Definitions (from Zoning Ordinance):
Child Care Facility - Any home, structure, or place where nonmedical care, protection, or
supervision is regularly provided to children under fourteen (14) years of age, for periods less
than twenty-four (24) hours per day, while the parents or guardians are not on the premises.
There are three (3) types of child care facilities:
1. Family Child Care Home - A child care facility which provides care for five (5) or
fewer children throughout the day.
2. Group Child Care Home - A child care facility which provides care for six (6) to
twelve (12) children throughout the day.
3. Child Care Center - A child care facility which provides care for more than twelve
(12) children throughout the day.
It should be noted that, in determining the type of child care facility that is being operated,
the total number of children cared for during the day and not the number of children at the
facility at any one time is determinative. (Ord. 496, 9-6-88)
Home Occupation. Urban and Rural - Any gainful operation, profession or craft, which is
customarily incidental to or carried on in a dwelling place, and wherein the use is clearly
incidental and secondary to the use of the structure for dwelling purposes.
96044930
ALA C101. RECORDER
j. DAVID IriVAPRO
BOISE ID
FIRST AMERICAN TI r LE CO.
'99 SAY 29 Pfl_j 23
FEE -A_
RECORDED AT Tr#E EQUEST"erNo.34211
FA -102691
DEED OF RECONVEYANCE
First American Title Company of Idaho, Inc., an Idaho corporation, as Trustee in the
deed of trust executed by SHANNON) GROW AN UNMARRIED WOMAN, recorded JULY
28,_1994, as Instrument No. 9407a744, Mortgage records of ADA -County, Idaho, pufsuant to -the --
written request of the beneficiary, does hereby GRANT and RECONVEY unto the PARTIES
EN'T'ITLED THERETO, without warranty, all the estate and interest derived to it by or through
said Deed of Trust, in the lands therein described.
The corporation name subscribed by its Asst. Vice President, and the seal affixed as
pursuant to a resolution authorizing the execution of this reconveyance duly adopted by its Board
of Directors.
Dated: ,May , 7, 1996
First American. Title Company of Idaho, Inc., Trustee
By............ ..... .......................
}:'s{ MONINE COLE Asst Vice President
STATE OF IDAHO, COUNTY OF ADA
On this 717H day of MAY, 1996, before me, a notary public in and for said State, personally appeared Monine Cole known So me to
be the Asst Vice President of the corporation that executed this instrument an behalf of said corporation, and acknowledged to me that such
corporation executed the same.
IN WITNESS WIENMF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate fust above
written.
Notary Public
Residing at KUNA, Idaho
Coram. Expires 1-4-2000
7/3 FENWAY PARK
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SHANNON GROW -1087 W. PENNWOOD
ABUTTING PROPERTY OWNERS
ROBERTS GORDON
1139 W KIMRA ST
MERIDIAN ID 83642-2867
WI'I'I" HAROLD N &
WITT LESLEE A
1123 W KIMRA ST
MERIDIAN ID 83642-2867
CRONK MICHAEL &
CRONK DAWN
1091 W PENWOOD DR
MERIDIAN ID 83642-0000
HOVERSON EILEEN R
1058 W PENNWOOD ST
MERIDIAN ID 83642-0000
GROW SHANNON
1087 PENNWOOD ST
MERIDIAN ID 83642-2878
JONES DAVID H &
JONES MELANIE R
1054 W PENNWOOD ST
MERIDIAN ID 83642-2877
LAW JOYCE E
1079 PENNWOOD ST
MERIDIAN ID 83642-2878
QUICK CONSTRUCTION INC
3677 S CALAB PL
MERIDIAN ID 83642-0000
3056 S TAGISH WAY
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Fii'i�T /�1'vtt,: ruv: tt�y t e e t_c Lp.
'0. RE1,CRDER
,i. uAVI D :AVARR0
{EtO1SE ID 199SO00900
_I '96 MR 29 PM ti 39,
FEE oa Dt.1'
�C'.:• f RECC6c`.: 5 i:ie f`. QUEST OF
CC) 47,a
Pace Above his ane For Recording Ihlal �)a
o � J V
LOAN NUMBER: 8236903
102 ORIGINAL
570110294
DEED OF TRUST
THIS DEED OF TRUST ("Security Instrument") is made on MARCH 21ST, 1996. The grantor is SHANNON
GROW ("Borrower"). The Trustee is FIRST AMERICAN TITLE INSURANCE CO. ("Trustee"). The Beneficiary is
FIRST INTERSTATE RESIDENTIAL MORTGAGE, L.L.C., which is organized and existing u:.1er the laws of
ARIZONA, and whose address is 6000 ATRIUM WAY, MT LAUREL, NEW JERSEY 08054 ("Lender"). Borrower
owes Lender the principal sum of EIGHTY THREE THOUSAND AND 00/100 Dollars (U.S. $ 83,000.00). This debt is
evidenced by Borrower's Note dated the same date as this Security Instrument ("Note"), which provides for monthly
payments, with the full debt, if not paid earlier, due and payable on APRIL 01ST 2026. 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
Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and
the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following
described property located in ADA County, Idaho:
LOT 7 IN BLOCK 3 OF FENWAY PARK, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED
IN BOOK 60 OF PLATS AT PAGES 5930 AND 5931, OFFICIAL RECORDS OF A:1A COUNTY,
IDAHO.
BEING COMMONLY KNOWN r,,;: 1087 WEST PENNWOOD STREET.
BEING THE SAME PREMISES CONVEYED TO it+. (:-,,,.
BY DEED DATED f`^4 AND RECORDED IN THE _ COUNTY RECORDER'S
OFFICE IN DEED BOOK _t,$ Nv PASE `T4u''o7 j THIS IS A FIRST AND PARAMOUNT MORTGAGE
LIEN ON THE ABOVE DESCRIBED PREMISES.
PREPARED BY: RANDY SWENSON
which has the address of 1087 WEST PENNWOOD STREETMERIDIAN Idaho 83642 ("Property Address");
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 lawfully seized of the estate hereby conveyed and has the right to grant
and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants
and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
IDAIIO - Single Family - Fannie Mar/Freddie Mae UNIFORM INSt'RUMEN'1' Form 3013 9/90 )page / of 5 pages)
3064 Rev. 2/93 (DIDO)
199SO00901
UNIFORM COVENANTS, Borrower and Lender Covenant and agree as follows:
L Payment of Principal and.Interva; Prepayment and Late Borrower shall promptly pay when due the
principal of and.nterest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
2. Fundsfor Taxes andInsurance, Subject to applicable law or to a written waiver by Lender, Borrower shall pay to
?ender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly
taxes and assessments which may attain priority over this Security instrument as a lien on the Property; (b) yearly leasehold
payments or gropnd rents on the Property, if any; W yearly hazard or property insurance premiums; (d) yearlyflood
insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrwer to
Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These
items are called "Escrow Items." Lender tray, at any time, coliect and hold Funds in an amount not to exceed the maximum
amount a: lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real
Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. § 2601 et seq. ("RESPA"), unless
another law that applies to th, Funds sets a lesser amount. If so, Lender may, at any time,collect and hold Funds in an
amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law.
The Funds stall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
(including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to
pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow
account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits
Lender to make such a charge. However, Lender may require Borrower to ray a one-time charge for an independent real
estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an
agreement is trade or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or
earn:., on the Funds. Borrower and. Lender may agree in writing, hc,aever, that interest shall be paid on the Funds.
Lender sh&U give to Borrower, without charge, an annual accounting of . ie Funds, showing credits and debits to the Funds
and the purpose for which each debit to the Funds was made. The Fuuds are pledged as additional security for all sums
secured by this Security Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to
Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by
Lender at any time is not sufficient •n pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in
such case -Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the
deficiency in no more than twelve monthly payments, at Lender's sole discretion.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any
Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or
sale of -the Property, shalt apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums
secured by this Security instrumeau.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender undr-
paragraphs I and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable
under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the
Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any.
Borrower 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 the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be
paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts
evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)
agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good
faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to
prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender
subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien
which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower
shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice.
S. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards,
including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and
for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to
Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above,
Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause.
Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender
all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance
carrier and Lender. Lender may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of
the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the
restoration or repair is not ecc.,omically feasible or Lender's security would be lessened, the insurance proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If
Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has
offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use fie proceeds to repair or restore
the Property or to pay sums scoured by this Security Instrument, whether or not then due. The 30 -day period will begin
when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payment. If
under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting
from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security
Instrument immediately prior to the acquisition.
Fonn 3013 9/90 (pare 2 of S pages)
6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application,
Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty day,
after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal rrsdence
for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be
unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall
not destroy, damage or impair the Property, allow the Proper- 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 otherwise materially impair the lien created by this Security
Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by
causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determina'lon, precludes
forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security
Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application
process, gave materially false or inaccurate information or statements to Lender (or failed to provide. Leader with any
materia; information) in connection with the loan evidenced by the Note, including, but not limited to, representations
concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold.
Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and
the fee title shall not merge unless Lender agrees to the merger in writing.
7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements'
contained in this Security Instrument, or there is a legal proceeding that may significantly affect Leader's rights in the
Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations),
then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the
Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security
Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although
Lender may take action under this paragraph 7, Lender does not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this
Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from
the date of disbursement at the Note rate and shall be payable, with interest, upon notice form Lender to F.orrower
requesting payment.
8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this
Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any
reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the
premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost
substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage
insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to
Lender each month a sum equal to one -twelfth of the yearly mortgage insurance premium being paid by Borrower when the
insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in
lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage
insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender
again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurancein
effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written
agreement between Borrower and Lender or applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall
give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned
and shall be paid to Lender.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by thl: Security
Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in
which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums
secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing,
the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following
fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the
Property immediately befog? the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the
Property in which the fair market value of the Property immediately before the talking is less than the amount of the sums
secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law
otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums
are then due.
If the Property is abandoned by Borrower, or if, after notice by Under to Borrower that the condemnor offers to make an
award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given,
Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the
sums secured by this Security Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of
Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender
shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or
otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the
original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy
shall not be a waiver of or preclude the exercise of any right or remedy.
12. Successors b..d Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of
this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of
paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security
Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey
that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay
the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend,
modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that
Borrower's consent.
3064A arv. 2/93 (U1Wt IDAHO Form 3013 9/90 (page3 of 5 pages;
1998000903
13. Loan Charges, If the loan secured by this Security Instrument is subject to a law which sets maximum loan
charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in
connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount
necessary to reduce the charge to the permitted limit; and (b) any su.ns already collected from Borrower which exceeded
permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed
under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a
partial prepayment without any prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by
mailing it by first class mail unless applicable taw requires use of another method. The notice shall be directed to the
Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by
first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice
provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in
this paragraph.
15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the
jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the
Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note
which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the
Note are declared to be severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property or a Beneficial 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 w• Itten consent, Lender may, at its option, require immediate payment in full of all
sums secured by this Security Instrument. lowever, this option shall not be exercised by Lender if exercise is prohibited by
federal law as of the date of this Security Lrstrument.
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 delivered or mailed within which Borrower must pay all sums secured by
this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke any
remedies permitted by this Security Instrument without further notice or demand on Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have
enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as
applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this
Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a)
pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had
occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this
Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may
reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's
obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by
Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had
occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17.
19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security
Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity
(known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There
also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan
Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law.
The notice will stats the name and address of the rew 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 satall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the
Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or
storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to
normal residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by
any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or
Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or
regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,
Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.
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 the jurisdiction where the Property is
located that relate to health, safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17
unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure
the default; (c) a date, not less than 30 days from the datethe notice is given to Borrower, by which the default must be
cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of
the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of
the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or
any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in
file notice, Lender at its oplionmay 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 remdies permitted by applicable
law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph
21, including, but not limited to, reasonable attorneys' fees and costs of title evidence.
199SO00904 ORIGINAL
If Lender invokes the power of sale, Lender shall execute or cause Trustee W execute written notice of the
occurrence of an event of default and of Lender's election to cause the Property to be sold, and shall cause such
notice to be recorded in each county in which any part of the Property is located. Lender or Trustee shall mail
copies of the notice as prescribed by applicable law to Borrower and to the 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 or the truth of the statements
made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale,
including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security
Instrument; and (c) any excess to the person or persons legally entitled to it.
22. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to
reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security
Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons
legally entitled to it. Such person or persons shall pay any recordation costs.
23. Substitute Trustee. Lender may, for any reason or cause, from time to time remove Trustee and appoint a
successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall
succeed to all the title, power and duties conferred upon Trustee herein and by applicable law.
24. Area and Location of Property. Either the Property is not more than twenty acres in area or the Property is
located within an incorporated city or village.
25. Riders to this Se=curity Instrument. If one or more riders are executed by Borrower and recorded together with
this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and
supplement the covenants and agreements of this Security Instrument as if the rider(s) were apart of this Security
Instrument. [Check applicable box(es)]
❑ Adjustable Rate Rider ❑ Condominium Rider ❑ 14 Family Rider
❑ Graduated Payment Rider ❑ Planned Unit Development Rider ❑ Biweekly Payment Rider
❑ Balloon Rider ❑ Rate Improvement Rider ❑ Second Home Rider
❑ Other(s) [specify]
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
Instrument and in any rider(s) executed by Borrower and recorded with it.
Witnesses: �Jn
A (3 .I\ n ay) (Seal)
SHANNON GROW .Borrower
Social Security Number
(Seal)
-Borrower
Social Security Number
(Seal)
•Borrower
Social Security Number
(Seal)
-Borrower
Social Security Number
[Space Below Inds Une'For Acknowledgement)
~Stateofidaho :.
County of -AD
Ott this 2ifiZday" f"MARCH., in the year 1946, before tne, Jv , A, r r,5ek[name of officer], an Es ¢ reW
[titleofofficer),`peisonallyappearedSHAjVNONGItOW [person, or persons acknowledging instrument], tt
[lel owit.tb,me orproved to ine on the oath of (witness)] to be the [person or
persansJ whose [name is or names are] subscribed to the within instrument, and acknowledged
that" (4c or she or they] executed tl ne,
Signature]
A&I•4?r; [Title of officer]
Notary r Iblic, residing -at
0004
(Seat] W am" 8010 c$ f)EC 2t, 2oot
.N�n�r.•r
♦r+�'
* IQQ.T;4 "
IDAHO Form 3013 9190 (vaseI of 5 pages)