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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 Robert D. La Jocies Jr. has filed with the
Zoning Administrator of the City of Meridian an application for an Accessory Use
Permit for the operation of a gift catalog mail order/internet business out of his
home at 1831 East Challis Drive, 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 application, after
proper notice, and may grant or deny the application after making and adopting
Findings of Fact and Conclusions of Law.
The property at 1831 East Challis Drive is more particularly described as
Lot 21, Block 3, of Chamberlain Estates Subdivision, Meridian, Ada County,
Idaho. ,
Any and all interested persons are welcome and invited to submit
comments.
Dated this 2"d day of August, 2000.
C�::� � � a�
SHARI STILES, ZONING ADMINISTRATOR
PUBLISH August 5th and August 12th, 2000.
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CITY OF MERIDIAN
33 East Idaho Street, Meridian, ID 83642
ACCESSORY USE APPLICATION
APPLICANT: 13o gE R- i 0 L,q J g-
50- 31-g7No (Owner or holder of valid option)
ADDRESS: 183i F
�id' J " U' L 3 1 2000
CI'T'Y cue NVIt� Il l
PLANNING 4,71
Aum 6o9
Phone:( 2o2) SRR - 7,z Fo
GENERAL LOCATION: tiAc'42VT-A,) 7:c y�7
LEGAL DESCRIPTION OF PROPERTY (Attach description if lengthy):
4,-F 2 l 64w. ,K S of Ci%M63ci24q<^N C Si,4� 5 1fh� v'y5�OlJ
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: rr ZONING CLASSIFICATION: P--6
---a 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 >lan
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,sr Crain+"y M,a:r,(-._-pciZ
TAI i cRIJ`cT $c� STrJcSS
FEE: $80.00
1. Use made of all abutting lots or parcels:_ H o rn r- s
2. Are there other accessory uses of a similar nature in the area? If so, state the location and the
accessoryuse: R16�-IsHioc, — 1830 e C rj.iLLT s yR M R=Dw,j zD 8-5(-,g
3. Possible adverse impacts on adjacent property such as noise, traffic, excess light, odor,
etc.:MINIx M s+
4. Do you agree to pay increased sewer, water or trash fees if such are required due to increased
use? `/ss
If the accessory use includes construction of a building on the lot or parcel, complete the
following:
Will all parts of the accessory building be located within the lot or parcel?
b. he primary building already constructed?
c. Is th ccessory building to be attached to the primary building?
C.
Will the essory building be constructed in the rear yard of the primary building?_
e. Will the acce ory building occupy less than 40% of the required rear yard for the
primary structure.
f. If the answer to the ve is no, will the accessory structure be connected to the
primary structure and th the primary and accessory structure then meet all yard
and court requirements?
g. Does the height of the accessory 'ding exceed 15 feet?
h. If the lot or parcel is zoned commerc' any abutting property zoned residential and,
if so, will the accessory use occupy any o front yard?
6. If the accessory use is for a Family Child Care Home, complete the following:
Is a State of Idaho basic day care license required for this type of facility?
so, attach a copy of your license.
b.�avitou applied for or received an occupancy permit?
If so, a t1acopy of your application or permit.
C. Is one off-stree�aripace peremployee provided?
d. If the home is lan arterial or collector, is an off-street child pick-up area
provided?
Is screening of adjacent properl
Is the play area for the children
e.
f.
If so, what is the fence height and type of
streets and neighbors?
7. If the accessory use is for a home occupation, complete the following:
a. Are only family members residing in the principal residence? Ye S
b. Is the use of the residence as a home occupation incidental and subordinate to its use
as a residence? Yes
Will the home occupation use more than 25% of the floor area of the dwelling? -t -/Q
2
d. Will any item be offered for sale that is not produced by the dwelling occupants of the
premises
e. Will mechanical or electrical equipment be installed or maintained other than such as
is customarily incidental to domestic use? wo
f How much traffic will be generated by the occupation
g. Will off-street parking requirements be met? l+�s
h. Will off-street parking requirements be located in a required front yard? loo
i. Will equipment or processing create noise, vibrations, glare, fumes, odor, or electrical
interference detectable to the normal senses off the lot? No
j. Will the appearance of the residence be altered or 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 electrical interference? Vr ,
I hereby certify that the information contained herein is true and correct.
STATE OF IDAHO )
ss.
County of Ada)
SIGNATURE: ;� 49, :Z
SOCIAL SECURITY NO.:_
DATE: 3
a00a
On this �/s/ day of �`� , *WA, before me, the undersigned, a Notary Public in
and for said State, personally appeared .E '.ei Z?4"%9,Z Z
��tiown, or proved to me, to be
the person(s) whose name(s) is (at -e) subscribed to the within instrument, and acknowledged to me
that he/sheAkey 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)
OFFICIAL SEAL
Khurshed K TaMrS
NOTARY PuBLIC-IWWO
MY COMMISSION EXPIRES FEB. g7,2001
6wj A/�- A
Notary Public for I
Residing at:3
My Commission Expires: 6 2 - 2'? - 0 /
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WHEN RECORDED MAIL TO:
WESTERN MORTGAGE LOAN CORPORATION
8100 EMERALD STREET, SUITE 190
BOISE, IDAHO 83704
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30iS` ID
TRANSNATION TITLE & ESCROW
'96 HUG 9 11 3FE
fiECO"r'tl : li t. � i"L ."'QUEST OF
3
18pace Above This Una For Recording Datal
DEED OF TRUST
TM DEED OF TRUST ("Security Instrument") is made on AUGUST 8TH, 1996 The grantor is
ROBERT D. LAJOCIES, JR. and SUSAN LAJOCIES, husband and wife
("Borrower"). The trustee is UNITED SAVINGS BANK
("Trustee"). The beneficiary is WESTERN MORTGAGE LOAN CORPORATION
which is organized and existing under the laws of UTAH , and whose address is
4185 HARRISON BOULEVARD, OGDEN, UTAH 84403
("Lender"). Borrower owes Lender the principal sum of SEVENTY SIX THOUSAND SEVEN HUNDRED FIFTY AND
NO / 10 0 - - - - - - Dollars (U.S. $ 7 6, 7 5 0.0 0 ). 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 SEPTEMBER 1ST, 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 Coun, Idaho:
LOT 21 IN BLOCK 3 OF ¢ll�AlEl*ESTATES SUBDIVISION, ACCORDING TO THE
OFFICIAL PLAT THEREOF, FILED IN BOOK 71 OF PLATS AT PAGES 7299 AND
7300, RECORDS OF ADA COUNTY, IDAHO. "I' �tA•1,G1`k
*CHAMBERLAIN %,04
TRUST DEED RE-RECORDED TO CORRECT THE LEGAL DESCRIPTION AND PUD RIDER
SHOULD THE IDAHO HOUSING AGENCY FAIL OR REFUSE TO PURCHASE THE TRUST DEED NOTE OF EVEN DATE IN THE AMOUNT
OF $76.750.00 WITHIN ONE HUNDRED TWENTY (120) DAYS FROM THE DATE HEREOF, THE BENEFICIARY HEREIN MAY, AT ITS OPTION,
DECLARE ALL SUMS SECURED BY THIS DEED OF TRUST IMMEDIATELY DUE AND PAYABLE.
which has the address of 1831 E. CHALLIS DRIVE, MERIDIAN,
tstroot [MA
Idaho 83642 ("Property Address");
tZIP t4doI
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.
IDAHO -- Sh gle Family — Fannie Mae/Fraddlo Mea UNIFORM INSTRUMENT Form 3013 9/90 gage t of a per)
NIFC08011--01 /94 12960220
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 krterest; Prepayment and Late Charges. Borrower shall promptly pay when due the
principal of and interest on the debt evidenced by dee Note and any prepayment and late charges due under the Note.
2. Funds for Taxes and insurance. Subject to applicable law:or to a written waiver by Lender, Borrower shall pay to
Lender 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 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 premiums, if any; and (f) any sums payable by Borrower 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 may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related
mortgage loran 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 the 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 fugue 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 such an institution) or in any Federal Hone 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 pay 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 made or applicable law
requires interest to be paid, Lender shall not be required to 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 to Borrower, without charge, an
annual accounting of the 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 for all sums secured by this Security lnstrument.
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 to 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, Larder shall acquire or sell the Property, Lender, prior to the acquisition or sale of the
Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security
Instrument.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under
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 prompdy 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 sender; (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 Larder subordinating the Iien to this Security
Instrument. If Louder 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 Leader requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender
requires. The insurance carrier providing the insurance Mall be chosen by Borrower subject to Lender's approval which shall not
be unreasonably withheld If Borrower fails to maintain coverage described above, Lente may, at Lender's option, obtain coverage
to protect Lender's nights 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 Lander 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 in4tuaace curries and Lander.
Lender may make proof of loss if not made promptly by Borrower.
s=arnaptae/leo �p.2aevee.y
Unlms 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 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 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 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 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 the payments. '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 bender to the extent of the sums secured by this Security Instrument immediately
prior to the acquisition.
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 days after the
execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year
after the date of occupancy, unless Lender otherwise agrees in writing, which Consent shall not be unreasonably withheld, or unless
extenuating circumstances exist which are beyond Borrower's control. 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
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 determination, precludes forfeiture of the Borrower's interest in the Property or outer 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 Lender with any
material 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 Lender's rights in the Property
(such as a proceeding in bankruptcy, probate, for condemnation mnation 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 from Lender to Borrower requesting payment.
S. 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 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 by 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 insurance in effect, or to provide a Ices 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 liar of condemnation, are hereby assigned and shall
be paid to Leader.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this 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 muWphW 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 inmnediatety before the taking. Any
FMI Sol39/80 (pegsodepegeo
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 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 to the sums secured
by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the 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 Inshvment, 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 Waterer. 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 bender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right
or remedy.
12. Successors and 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 Now. (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 ID extend, modify, forbear or make any accommodations
with regard to the terms of this Security Instrument or the Note without that Borrower's consent
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 sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower.
Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower.
If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge 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 law 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 fust 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 Low; Severability. This Security Instrument shall be governed by federal law and the law of the
jurisdiction in which the Properly is locauxi. 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 written consent, Lendex day, at its option, ttquire immediate payment in fall 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 of the date of this
Security Inshumert.
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.
I& 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 judgement enforcing this Security Instrument. Those conditions are that Borrower. (a) pays Lender all sums which
thew would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cues 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.
Formaocae/eo tm.4aepego
19. ,ale 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 ED 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 state 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, 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 date the notice is given to Borrower, by whish the default must be cured; and (d)
that fallure 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-exletence of.s 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 untitled 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.
If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute written notice of the
occurrence of an event of default and of Lender's election to cause the Property to be sold, and shall cause such notice
to be recorded in each county in which any part of the Property is located. Lender or Trustee shall mail copies of the
notice as prescribed by applicable law to Borrower and to other persons prescribed by applicable law. Trustee shall give
public notice of sale to the persons and In the manner prescribed by applicable law. After the time required by applicable
law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and
place and under the terms designated In the notice of sale in one or more parcels and In any order Trustee determines.
Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any
previously scheduled sale. Lender or Its designee may purchase the Property at any sale.
Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty,
expressed or Implied. The recitals In the Trustee's deed shall be prima facie evidence of the truth of the statements made
therein. Trustee shall apply the proceeds of the sale In the following order: (a) to all expenses of the sale, Including, but
not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any
excess to the person or persons legally entitled to It.
22. Reoonveyanee. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee
to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security
Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such
person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the Property,
but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is permitted under
applicable law.
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 an the tide, 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.
FOM30i39/90 #wW5d6p@994
25. Hiders to this Security 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 a part of this Security Instrument
[Check applicable box(es)]
❑ Adjustable Rate Rider
❑ Graduated Payment Rider
❑ Balloon Rider
X❑
Other(s) [specify] IHA ADDENDUMS
❑ Condominium Rider ❑ 1-4 Family Rider
® Planned Unit Development Rider ❑ Biweekly Payment Rider
❑ Rate Improvement Rider ❑ Second Home Rider
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. 2'n
ROBERT D. LAJOCIE JR..4F
XAVVJtA Seal
SU N LAJOCIES
(Seal)
-Borrower
(Seal)
4kxww ►
lava• Below This Une For AckrmrMedgmwdI
State of IDAHO, County ss:
On this day of AUGUST, 19965, before me, .
a Notary Public in and for said county and state, personally appeared
ROBERT D. LAJOCIES, JR. and SUSAN LAJOCIES, husband and wife
known or proved to me to be the person(s) who executed the foregoing instrument, and acknowledged to me that THEY
executed the same.
In witness whereof I have-hftd1m,1et my hand and affixed my official seal the day and year in this certificate fust above
written. ^' � A CLJIP6
64
aAi"
M.
Q.
�pT ARJA
C
#F sem* Notuy Public Redding N:
pUBL�G
`v��o C�►'� lac . � -� o �y �
.. OF
REQUEST FOR RECONVEYANCE
To Trustee:
The undersigned is the holder of the note or notes secured by this Deed of Trust. Said note or notes, together with all other
indebtedness secured by this Deed of Trust, have been paid in full. You are hereby directed to cancel said note or notes and this
Deed of Trust, which are delivered hereby, and to reoonvey, without warranty, all the estate now held by you under this Deed of
Trust to the person or persons legally entitled thereto.
F«maotag/go ospecrapqpq
ROBERT LA,Oj CIES JR. -1831 E. CHALLIS
ABUTTING PROPERTY OWNERS
PAPADOPOULOS RITVA A
1830 E CHALLIS DR
MERIDIAN ID 83642-7366
HARMON MONTE
1852 E CHALLIS DR
MERIDIAN ID 83642-0000
FOSTER RAYMOND E &
FOSTER F KYLEIGH
1813 E CHALLIS DR
MERIDIAN ID 83642-7367
LAJOCIES ROB RT D JR &
LAJOCIES SAN
183 HALLIS DR
RIDIAN ID 83642-7367
SMITH LYLE &
SMITH SARA
1853 E CHALLIS DR
MERIDIAN ID 83642-0000
STROBEL TRUDY ANN
HENNIG ANN B
1856 E MEADOWGRASS ST
MERIDIAN ID 83642-7314
ANDERSON CHESTER & CORDELLA TR
ANDERSON C E & C M TRUSTEES
1848 E MEADOWGRASS ST
MERIDIAN ID 83642-7314
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