HomeMy WebLinkAboutMiller, Susan AUP 06-017t
CITY OF RI
eYl�lcn _,
1 IDAHO
F
MFR %4s TREASURE VNY
since
1903
MAYOR July 27, 2006
Tammy de Weerd
CITY COUNCIL MEMBERS
Keith Bird
Susan Miller
Joseph W. Borton
743 W. Barrymore Drive
Charles M. Rountree
Meridian, Idaho 83642
Shaun Wardle
RE: Accessory Use Permit application (AUP-06-017).
CITY DEPARTMENTS
City Attorney/HR
Dear Ms. Miller:
703 Main Street
898-5506 (City Attorney)
This letter is to confirm the approval to operate a family day care
898-5503
Fax 884-8723723
facility(HRfor four or fewer children located at 743 W. Barrymore Drive and to
include the following on-going conditions of approval:
Fire
540 E. Franklin Road
888-1234 / fax 895-0390
1. The applicant is limited to six children at the facility at one time,
excluding the applicant's own children.
Parks &Recreation
11 W. Bower Street
888-3579 / fax 898-5501
2. The applicant shall maintain the approved on-site vehicle pickup,
Planning
parking and turnaround areas. The applicant shall also maintain
660 E. Watertower Lane
the approved design of the outdoor play areas.
Suite 202
884-5533 / fax 888-6854
3. The applicant shall provide a copy of the approved Basic Day
Police
Care License issued by the State of Idaho Department of Health &
1401 E. Watertower Lane
Welfare—Family and Children's Services Division to the
888-6678 / fax 846-7366
Planning Department. If the appiicatrt fails to maintain such
Public Works
license, this approval shall be null and void.
660 E. Watertower Lane
Suite 200
898-5500 / fax 898-9551
4. Hours of operation shall be between 6:00 a.m. to 11:00 p.m.
- Building
Outdoor play areas shall not be used after dusk.
660 E. Watertower Lane
Suite 150
5. In no way shall the family day care cause the premises to differ
887-2211 / fax 887-1297
from its residential character in appearance, lighting, signs, or in
- Wastewater
the emission of noise, fumes, odor, vibrations, or electrical
3401 N. Ten Mile Road
interference.
888-2191/fax 884-0744
- Water
2235 N.W. 8th Street
888-5242/fax 884-1159
CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433
CITY CLERK —FAX 888-4218 FINANCE & UTILITY BILLING —FAX 887-4813 MAYOR'S OFFICE —FAX 884-8119
Printed on recycled paper
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Failure to meet the above stated conditions shall be deemed a violation of the
Unified Development Code.
The applicant, Director, or a party of record may appeal this decision or a
condition of approval by requesting City Council review of this decision. All
requests shall be filed in writing with the Planning Department within fifteen
(15) days of the date of this letter and comply with the provisions of UDC 11-
5A -6B.
Sincerely,
Kristy Vigil for
Anna Borchers Canning
Planning Director
/'1
CITY OF.MERIDIAN PLANNING DEPARTMENT ACCESSORY USE STAFF REPORT
DATE: July 27, 2006
TO: Anna Canning, Planning Director
FROM: Kristy Vigil, Assistant City Planner
SUBJECT: Application for a family day care facility by Susan
Miller.
i."y OF
6 Gogo
Request to Operate a Family Day Care Facility for Six or Fewer Children out of her home
located at 743 W. Barrymore Drive.
We have reviewed this submittal and offer the following comments:
APPLICATION SUMMARY
The applicant, Susan Miller, has requested approval to operate a family day care facility for 6 or fewer
children out of her home located at 743 W. Barrymore Drive, Meridian, Idaho.
The property is zoned R-8, which allows for a family day care facility with written approval from the
Planning Director.
LOCATION
The property is located at 743 W. Barrymore Drive in the NE'/4 of T. 4N., R. 1 W., Section 25.
APPLICABLE CODE
Section 11-4-3.9 of the Unified Development Code (UDC) for the City of Meridian lists specific criteria
for day care facilities that serve children:
1. In determining the type of day care facility, the total number of children cared for during the
day and not the number of children at the facility at one time, is the determining factor. The
operator's children are excluded from the number.
2. On-site vehicle pickup, parking and turnaround areas shall be provided to ensure safe discharge
and pickup of clients.
3. The decision-making body shall specify the maximum number of allowable clients and hours of
operation as conditions of approval.
4. The applicant or owner shall secure and maintain a Basic Day Care License from the State of
Idaho Department of Health and Welfare—Family and Children's Services Division.
5. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be
between 6:00 a.m. to 11:00 p.m. This standard may be modified through approval of a
Conditional Use Permit.
6. All outdoor play areas shall be completely enclosed by minimum six-foot (6') non -scalable
fence to secure against exit/entry by small children and to screen abutting properties. The
AUP-06-017 Susan Miller PAGE 1
/'N
CITY OF MERIDIAN PLANNING DEPARTMENT ACCESSORY USE STAFF REPORT
fencing material shall meet the swimming pool fence requirements of the Building Code in
accord with Title 10 of the Meridian City Municipal Code.
7. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any
required yard.
8. Outdoor play areas in residential districts adjacent to an existing residence shall not be used
after dusk.
STAFF RECON BHNDATION
Staff recommends approval of the accessory use for Susan Miller with the comments noted above and
following on-going conditions of approval:
1. The applicant is limited to six children at the facility at one time, excluding the
applicant's own children.
2. The applicant shall maintain the approved on-site vehicle pickup, parking and turnaround
areas. The applicant shall also maintain the approved design of the outdoor play areas.
3. The applicant shall provide a copy of the approved Basic Day Care License issued by the
State of Idaho Department of Health & Welfare—Family and Children's Services
Division to the Planning Department. If the applicant fails to maintain such license, this
approval shall be null and void.
4. Hours of operation shall be between 6:00 a.m. to 11:00 p.m. Outdoor play areas shall not
be used after dusk.
5. In no way shall the family day care cause the premises to differ from its residential
character in appearance, lighting, signs, or in the emission of noise, fumes, odor,
vibrations, or electrical interference.
AUP-06-017 Susan Miller PAGE 2
n
Kristy Vigil
From: Joe Venneman
Sent: Thursday, July 27, 2006 2:13 PM
To: Kristy Vigil
Subject: 743 W. Barrymore Dr
Page 1 of 1
Kristy,
I inspected the above property this morning at your request and am writing to advise what I found. I met the
owner and she was very cooperative in allowing an inspection of the double garage. There is a separate single
car garage next to the double, and it is being used exclusively for vehicles. The double garage has carpeting and
one chair, but other than these things it has been cleared out. There was recent evidence that a car had been
parked in it (tracks and some oil). Based on what I observed I would recommend going forward with the permit
approval. I would suggest putting this on a 30 -day follow-up as it would be very easy to re -convert the garage.
Joe
7/27/2006
JUL 6 Zap6
DATE: July 26, 2006, 'A
RE: Application for the operation of a Family day care located at 743 W. Barrymore Dr. 27Q�I G
TO: Kristy Vigil for Planning Director.
This letter is to comment as a concerned resident of Paramount subdivision community,
on Susan Miller's request to operate a Family day care with six or fewer children in the
Paramount subdivision.
Please see attached CC&R's for the Paramount subdivision, which the applicant's home
is located in. Also these are available via this link under Paramount's web site CC&R's.
http://www.paramount-idaho.conVcommunity.cfm
This application clearly violates these covenants, conditions and restrictions. Commercial
use prohibited and the primary purpose of a garage is for parking and vehicles are to be
stored in the garage.
in the -double portion of the garage, which has three bays.
The applicant intends to operate this day care in the double portion of the garage.
Two vehicles have been parked in the driveway since (approx. a month ago) the carpet
installation and not in the double portion of the three car garage. This violation has been
reported to David Crandall with the Brighton Corp, the developer. He is pursing this
matter as a violation.
Also, the parking is a major concern with the home being in a curve on Barrymore.
There is no parking for the amount of traffic this business will produce. We are also
concerned with the additional traffic in this curve, school children or pedestrians being
not seen in a heavily congested area.
Thanks for your attention to this matter.
/"IN
(h) In the event that any Owner shall permit any Improvement, including any
landscaping, which is the responsibility of such Owner to maintain, to fall into
disrepair so as to create a dangerous, unsafe, unsightly or unattractive condition,
the Board, upon fifteen (15) days prior written notice to the Owner of such Lot, shall
have the right to correct such condition, and to enter upon said Lot and into any
building or structure thereon, if necessary, for the purpose of correcting or repairing
the same, and such Owner shall promptly reimburse the Association for the cost
thereof. The Owner of the offending Lot shall be personally liable, and such
Owner's Lot may be subject to a mechanic's lien for all costs and expenses
incurred by the Association in taking such corrective action, plus all costs incurred
in collecting the amounts due. Each Owner shall pay all amounts due for such
work within ten (10) days after receipt of written demand therefor, or the amounts
may, at the option of the Board, be levied as a Limited Assessment against said
Lot and shall be enforceable in the same manner as set forth in Article X of this
Master Declaration.
SECTION 5.15. Minina and Drilling . No Lot shall be used for the purpose of mining, quarrying,
drilling, boring or exploring for or removing water, steam, oil, gas or other hydrocarbons, minerals, rocks,
stones, gravel or earth; provided that the Grantor or the Association may, by permit, grant, license or
easement, allow the drilling for and the extraction of water for use on the Lot.
SECTION 5.16. Boats. Campers and Other Vehicles. Trailers, mobile homes, trucks larger
than standard -size pickups, boats, tractors, campers, garden or maintenance" equipment and vehicles
other than automobiles (hereafter 'Vehicles and Equipment'), when not in actual use, shall be kept at all
times in an enclosed structure and, except for a temporary period not to exceed twenty-four (24) hours, at
no time shall any such Vehicles or Equipment be parked or stored on a Lot in public view or on a public or
private right-of-way within the Property. No operative automobile (which, as used herein shall include a
standard or smaller pickup) shall be parked or stored for a period in excess of seventy-two (72)
consecutive hours on any portion of a Lot between the front of a Building and the abutting public
right-of-way. No inoperative automobile shall be parked or stored at any time on a Lot unless wholly
within an enclosed structure. A minimum of two (2) off-street parking spaces for automobiles shall be
provided on each Lot. TWOdOMW of _ fe*dffld off eaciv Lotc_i&fw and
arm 1. The Owner
~VaviftvuffWient garage cw other mclowd p approved by the ACC for all aulmicibies
uWd,bY. Oor ►rts of tot; w Wv automobiles shall be kept. wAhia #w gauge; and th- psMde�9
is a. public r t-ofrwr :,within ,
till"MIly pa , wed.
SECTION 5.17. Garane Doors. Garage doors shall be closed except when open for a temporary
purpose -
SECTION 5.18. Exterior Materials and Colors. All exterior materials and colors shall be
selected and used which are approved by the ACC and which are compatible with other Buildings on the
Lot and on neighboring Lots to the end that all such Buildings will present a unified and coordinated
appearance. All exterior finishes and/or colors shall be approved by the ACC and shall be in accordance
with the ACC Rules/ACC Standards.
SECTION 5.19. Vehicles. The use of all vehicles, including but not limited to automobiles, trucks,
bicycles and motorcycles, shall be subject to ACC Rules/ACC Standards, which may prohibit or limit the
use thereof within the Property, provide parking regulations and other rules regulating the same.
MASTER DECLARATM -10
(411W4)
n
SECTION 5.13.nless otherwise shown on the Master Plan for
the Property and specifically permitted in a Supplemental Declaration, no Lot shall be used at any time for
commercial or business activity, provided, however, that the Grantor or persons authorized by the Grantor
may use a Lot(s) for development and sales activities relating to the Property, model homes or real estate
sales. As used herein, "commercial or business activity" shall not include the use of a Lot for an incidental
use as described in Section 5.01, above, or the rental by an Owner of a Lot and the Improvements
thereon for residential purposes. The use of a Lot for a shelter home, as the same is defined in §67-6530
et. seq., Idaho Code, whether or not operated for profit, shall, for the purposes of this Master Declaration,
be a commercial or business use.
SECTION 5.14. Wfaintenance. The following provisions shall govem the maintenance of Lots
and all Improvements thereon:
(a) Each Owner of a Lot shall maintain all Improvements located thereon in good and
sufficient repair and shall keep the Improvements thereon painted or stained, lawns
cut, shrubbery trimmed, windows glazed, rubbish and debris removed, weeds cut
and otherwise maintain the same in a neat and aesthetically pleasing condition.
(b) Each Owner of a Lot shall maintain the landscaping planted and installed by the
Owner in the landscape strip located between the street curb and the sidewalk
adjacent to the Owner's Lot (hereafter "Street Landscape Strip'), as required by
Section 5.25, below, said landscaping to be maintained in a condition comparable
to the condition of the landscaping on the Owner's Lot.
(c) All damage to any Improvements shall be repaired as promptly as is reasonably
possible.
(d) A Building which is vacant for any reason shall be kept locked and the windows
glazed in order to prevent entrance by vandals. Vacant Buildings and unimproved
Lots shall not be exempt from the provisions of this Master Declaration.
(e) All structures, facilities, equipment, objects and conditions determined by the ACC,
in its sole discretion, to be offensive, shall be enclosed within an approved structure
or appropriately screened from public view. All trash, debris, garbage and refuse
shall be kept at all times in a covered container and all such containers shall be
kept on a Lot within an enclosed structure or screened from public view.
(f) No articles, goods, machinery, materials or similar items shall be stored, kept or
maintained on a Lot in the required set -back area along a public or private
right-of-way or otherwise kept in the open or exposed to public view.
(g) Any event or condition on a Lot or adjacent to a Lot if under the control of the
Owner, which, in the sole discretion of the ACC, creates an unsightly or blighting
influence, shall be corrected, removed or obstnicted from public view, as the case
may be, by the Owner of the Lot, notwithstanding the fact that such event or
condition may not be specifically described and/or prohibited in this Master
Declaration. If such event or condition is not promptly corrected by the Owner, the
Association shall have the right to correct the same pursuant to subsection (h),
below.
MASTER DECLARATION -9
(411W4)
,e""N
MASTER DECLARATION
OF
COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS
FOR
PARAMOUNT SUBDIVISION
April 1, 2004
ARTICLE 1.
RECITALS
WHEREAS, the undersigned (hereafter "Grantor's is the developer of a residential subdivision in
Ada County, Idaho, more particularly described as follows (hereafter "Property" or "Subdivision'):
Paramount Subdivision No.1
Lot 1, Block 1; Lot 1, Block 2; Lots 1 and 2, Block 3; Lots 1, 2 and 4, Block 4; Lot 1,
Block 5; Lot 1, Block 6; Lots 1 through and including 16, Block 7; Lots 1 through
and including 25, Block 8; Lot 1, Block 9; and Lot 1, Block 10; PARAMOUNT
SUBDIVISION NO. 1, according to the official plat thereof filed in Book 88 of Plats at
Pages 10,163 through and including 10,166, records of Ada County, Idaho.
Paramount Subdivision No. 2
Lots 5 through and including 15, Block 4; Lots 2 through and including 18, Block 5;
Lot 2, Block 6; Lots 1 through and including 13, Block 11; and Lot 1, Block 12;
PARAMOUNT SUBDIVISION NO. 2, according to the official plat thereof filed in Book
88 of Plats at Pages 10,181 through and including 10,183, records of Ada County,
Idaho.
WHEREAS, the Grantor desires to subject the Property to the covenants, conditions, restrictions,
easements, reservations, limitations and equitable servitudes herein set forth to () insure the
enhancement and preservation of property values, (i) provide for the proper design, development,
improvement and use of the Property by the Grantor and all other persons or entities who may
subsequently acquire an interest in the Property and (ii) create a residential development of high quality;
WHEREAS, as additional land owned by the Grantor adjacent to the Property is platted and
developed for uses similar to that of the Property, upon election by the Grantor, such shall become
subject to the terms of this Master Declaration by anne)ang the same as provided herein;
WHEREAS, because the Property will be developed in several phases, each of which may have
unique characteristics, needs and requirements, the Grantor may, from time -to -time, promulgate further
conditions, covenants, restrictions and easements as "Supplemental Declarations" relating to particular
tracts or parcels of real property within the Property;
MASTER DECLARATION -1
(4M 9104)
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CITY OF 9
'l
IDAHO
Fy
r/
SIKE
1903
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Keith Bird
Joseph W. Borton
Charles M. Rountree
Shaun Wardle
CITY DEPARTMENTS
City Attorney/HR
703 Main Street
898-5506 (City Attorney)
898-5503 (HR)
Fax 884-8723
Fire
540 E. Franklin Road
888-1234 / fax 895-0390
Parks & Recreation
11 W. Bower Street
888-3579/fax 898-5501
Planning
660 E. Watertower Lane
Suite 202
884-5533/fax 888-6854
Police
1401 E. Watertower Lane
888-6678/fax 846-7366
Public Works
660 E. Watertower Lane
Suite 200
898-5500/fax 898-9551
- Building
660 E. Watertower Lane
Suite 150
887-2211 / fax 887-1297
- Wastewater
3401 N. Ten Mile Road
888-2191 / fax 884-0744
- Water
2235 N.W. 8th Street
888-5242 / fax 884-1159
July 12, 2006
RE: Application for the operation of a Family Day Care for six or fewer
children located at 743 W. Barrymore Drive.
To Whom It May Concern:
This letter is to inform you that Susan Miller requested approval to
operate a Family Day Care for six or fewer children out of her home at 743
W. Barrymore Drive, Meridian, Idaho. You are invited to submit comments,
either for or against this request.
All comments must be filed with the Planning Director within 15 days
after the date of this letter and should be addressed to Planning Director, City
of Meridian, c/o Kristy Vigil, Assistant City Planner, 660 E. Watertower Ln.,
Ste. 202, Meridian, Idaho.
Since ly,
4t -L 7
Kristy Vigil for
Anna Borchers Canning, AICP
Planning Director
CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433
CITY CLERK— FAX 888-4218 FINANCE & UTILITY BILLING— FAX 887-4813 MAYOR'S OFFICE —FAX 884-8119
Printed on recycled paper
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Planning Department
ACCESSORY USE ■ Application Checklist
Project name: e`�p A t h i1LlaP S 7"iVl l -E c) jq f' . ,l' c ; File #:
All applications are required to contain one copy of the following:
Applicant
Description
Staff
Completed & signed Administrative Review Application
-
Narrative fully describing the proposed request
Recorded warranty deed for the subject property V
-.�._.
Affidavit of Legal Interest signed & notarized by the property owner (if owner is a corporation,
submit a copy ofthe Articles of Incorporation or other evidence to show that the pmon signing is an authorized agent.
Scaled vicinity map showing the location of the subject property (can be obtained from the
Planning
Scaled or dimensioned site plan showing the boundaries of the property, floor plan of /
house, area intended for accessory use, and parkmg and yard areas.
Fee
Additional Requirements for Day Care Applications
Include the following additional information in the narrative:
➢ The total number of children proposed to be cared for during the day ✓
Include fencing details on the site plan (location, type of fence)
—
_
A copy of your application for a Basic Day Care License from the State of Idaho
Department of Health & Welfare—Family and Children's Services Division. (A copy of ypur,,
license is required to be submitted to the P when you receive it from the State.)1►�
Standards for Day Care Facilities, Statement of Compliance form signed by applicant
--
Additional Requirements for Home Occupation Applications
Standards for Home Occupations, Statement of Compliance form signed applicant
THISAPPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL
REQ UR?ED INFORt1IA TION.
660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6678 9 Website: www.meridiancity.org
Kristy Vigil
From: Kristy Vigil
Sent: Wednesday, July 12, 2006 9:55 AM
To: Kenny Bowers
Subject: Inspection
Hi Kenny,
Can you please contact Sue Miller at 898-1447 or 863-1654 for an inspection for an in-home
daycare for 6 or fewer children at 743 W. Barrymore Drive.
Thanks,
Kristy
Type of Review Requested (check all that apply)
❑ Accessory Use
❑ Alternative Compliance
13 Certificate of Zoning Compliance
❑ Conditional Use Permit Minor Modification
❑ Design Review
❑ Property Boundary Adjustment
❑ Short Plat
❑ Temporary Use Certificate of Zoning Compliance
❑ Time Extension (Director)
❑ Vacation
eOther b.T
Planning Department
ADMINISTRATIVE REVIEW APPLICATION
File number(s): 'Ul } , U (Q _ D 1
Project name: q ` "�U
Date 'filed: 9 Date co plete:
Assigned Planner I J1 tL! f 01; "t
Related files:
Applicant address: 7q- _Al J o t J ;T/��FR1QI }1.1
Applicant's interest in property: VOwn ❑ Rent ❑ Optioned ❑ Other
Owner name: A Phone:
Owner address:
Agent name (e.g., architect, engineer, developer, representative):
Firm name:
Address:
Zip:
Phone:
Zip:
Primary contact is: dApplicant ❑ Owner ❑ Agent ❑ Other
Contact name: _ &I n�j I LLEPhone: 3 –Aa 5
Subject Property Information
Location/street address: :N-2-4 1 - 26k -le y oo F t) __
Assessor's parcel number(s):
Township, range, on: Total acreage:
Current land use: Current zoning district:
660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6678 • Website: w1Nz,,•.mendiancitv.or2
1
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Project Description
Project/subdivision name: ` JhP ftl�J()U 0 l
General description of proposed project/request: SM I+L1� INI lin h 1`E 104 Y 0 ills e
l=o U+I t)9ZO_-te-W A—
Proposed zoning district(s):
Acres of each zone proposed:
Type of use proposed (check all that apply):
GY Residential ❑ Commercial ❑ Office ❑ Industrial ❑ Other
Amenities provided with this development (if applicable):
Who will own & maintain the pressurized irrigation system in this development?
Which irrigation district does this property he within?
Residential Project Summary (if applicable)
Number of residential units: Number of building lots:
Number of common and/or other lots:
Proposed number of dwelling units (for multi -family
1 Bedroom:
Minimum square footage of structure(s) (excl. Vr4e'
Minimum property size (s.f): _
J -- only):
or more Bedrooms:
.Proposed building height: _
Average property size (s.f.):
Gross density (Du/acre-tow tans): Net density (Du/acre-exchcling roads & alleys):
Percentage of open space ;imnacares
Acreage of open space:
Percentage of useable n s(See Chapter 3, Article G, for qualified open space)
Type of open provided (i.e., landscaping, public, common, etc):
Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑.Duplexes ❑ Multi -family
Non-residential Project Summary (if applicable)
Number of building lots: Other lots:
Gross floor area proposed: Existing (if app ' e):
Hours of operation (days and hours): ' Building height:
Percentage of site/project devoted to the following:
Landscaping: ding: Paving:
Total number of employees: Maximum number of employees at any one time:
Number and age�irr;ces
/c ' n (if applicable): Seating capacity:
Total number of provided: Number of compact spaces provided:
Authorization
Print applicant name:
Applicant signature: c'� PA Date:
660 E. Watertower lane, Suite 202 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile. (208) 888-6678 • Website: wtiN1;�.meridianci .orQ
4
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After Recording Return To:
WINDSOR CAPITAL MORTGAGE CORP.
10935 VISTA SORRENTO PARKWAY, SUITE 200
SAN DIEGO, CALIFORNIA 92130-8698
Loan Number: 11840
[Space Above This Line For Recording Data]
DEED OF TRUST
MIN: 1001767-0000201203-8
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections 3,4 1,
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 JANUARY 25, 2006 , together
with all Riders to this document.
(B) "Borrower" is SUSAN C. MILLER, AN UNMARRIED WOMAN AND LOU RAE
CAMPBELL, AN UNMARRIED.WOMAN
Borrower is the trustor under this Security Instrument.
(C) "bender" is WINDSOR CAPITAL MORTGAGE CORP.
Lender is a CALIFORNIA CORPORATION organized
and existing under the laws of CALIFORNIA.
Lender's address is 10935 VISTA SORRENTO PARKWAY, SUITE 200, SAN DIEGO,
CALIFORNIA 92130-8698
'k
(D) "Trustee" is STEWART TITLE OF BOISE, INC.
9196 W. EMERALD, #100, BOISE, IDAHO 83704
(E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting
solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security
Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number
of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
(F) "Note" means the promissory note signed by Borrower and dated JANUARY 25, 2006
The Note states that Borrower owes Lender ONE HUNDRED FIFTY THOUSAND AND
00/100 Dollars (U.S. $ 15 0, 0 0 0. 0 0 ) plus interest.
Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than
FEBRUARY 1, 2036
IDAHO -Single Family --Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DocMagic 800-649-7362
Form 3013 1101 Page 1 of 14 www.dacmagic.com
(G) "Property" means the property that Is described below under the heading "Transfer of Rights in the Property."
00 " the debt evidenced y the Note, plus Interest, any prepayment charges and late charges due under
the Note, and all sums due under this Security Instrument, plus .
*Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are
to be executed by Borrower (check box as applicable).
0 Adjustable Rate Rider f -I Condominium Rider El Second Heme Rider
El Balloon Rider El Planned Unit Development Rider 0 Other(s) (specify]
El �1-4 Family Rider l Biweekly Payment Rider
("Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and
administrative rules and orders (that have the effid of law) as well as all applicable final, non -appealable judicial
opinions.
(IC) 'Community Association Dues, .Paas, andAssessments" means all dues, fees. assessments and other charges
that are Imposed on Borrower or the Property by a condominium association, homeowners association or similar
organization.
(L) "Electrouic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft,
or similar Instrumew. which Is tolilated through an electronic terminal. telephonic laskureent, computer, or
magnetic tape so as to order, Instruct, or authorize a financial institution to debit or credit an account. Such term
Includes. Is not limited to, of -sale trausters. automated teller machine transactions. transfers Initiated by
tel ers. and automated clearinghouse transfers,
(M) w Items" means those Items that are described In Section 3.
(N) "Miscellaneous ds" 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. iii) condemnation or other taking of all or any part of the Property, (iii) conveyance in
lieu of tion; or (ler) misrepresentations of. or emissions as to, the value and/or condition of the Property.
(0) "Mo auoe" m insurance protectingr againstthe nous t of, or default on, the Loan.
(P) "P Payment- meaus the regularly scheduledamount doe for (I) principal Interest under the Note,
p (il) any amounts under Section 3 of this Security Insirument.
(Q) "RESPA" mem the heal Estate Settlement Procedures Act (I2 U.S.C. §2601 et .) and Its Implementing
regulation, Regulation X (24 C.P.R. Part 35W). as might be amended from time to time, or any Additional or
successor legislation or Mpladou that governs the same subject matter. As used In this Security instrument,
"RESPA" refers to all requirements and restrictions that are Imposed In regard to a 'federally related mortgage loan"
even If the Loan does not qualify as a 'federally related mortgage loan" under RESPA.
(R) "Successor in Interest of BwTowve means any party that has taken title to the Property, whether or not that
party WS assumed "s obligations under the Note mWor this Security Instrument.
TRANSFER f RIGHTS PROPERTY
The beneficiary of this Security Instrument is MRRS (solely as nominee for Lender and Lender's succors and
assigns) and the successors and assigns of MFRS. This Security Instrument secures to Lender: (I) the repayment of
the Loan, mid all renewals. extensions and modifications of the Note; and (iii) 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
it u ) (Nam or RW"ft
J
r y � , O<F _ x r-.. --
e € ,<w 2 of 14
,:
LOT 1.7, IN BLOCK 6 OF PARAMOUNT SUBDIVISON NO. 4, ACCORDING TO
THE CFFItrIAT, PLAT THEREOF,
FILED IN BOOK 90 OF PLAT'S AT PAGE
10478-10479, RECORDS OF ADA COUNTY, IDAHO.
A.P.N.: R6905180140
which currently has the addressof 743 WEST BARRYMORE DRIVE
lsbvdl
MERIDIAN , Idaho 83642 ("Property Address");
Ichxl mp I
TOGEMER WnN all the Improvements now or hereafter erected on the prop". and all easements,
appurtenances, and fixtures now or hereafter a part of the property. AD replacements and additions Il also be
covered by this Security Instrument. Ali of the foregoing Is referred to in this Security Instrument as the "Property."
Borrower understands and agrees that MERS bolds only legal title to the Interests ted by Borrower in this Security
Instrument, but, if necessary to comply with lawor custom, M (as nominee for Leader and Lender's successors
assigns)and has > to exercise any or all or those Inierests, Including. but no limited to, the right to foreclose
and sell the y, and to take any action required of Lender Including, but not limited to, releasing and canceling
this Security instrument,
BORROWER COVENANTS that Borrower Is lawfully seised of the to hereby conveyed and has the right
to grant and convey the Property and that the property is unencumbered. except t roc encumbrances of record.
Borrower warrants and will defend generally the title to the Property against all claim and demands, subject to any
encumbrances of record.
THIS SECURITY INSTRUMENTcombines uniform covenants for national i arm cove
nants with
limited variations byJorts"no10 constitute a Uniform Security Instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
I Payeamt of pal, Interest, Escrow Items, psepyruent Charges, and Late Charges. Borrower shall
pay when due the principal of, and Interest on, the debt evidenced by the Nate and any prepayment charges and We
charges due under the Note. Borrower shan also pay funds for Escrow Items pursuant to Section 3. Payments due
under the Nate and this Security Instruntent shall be made In U.S. currency, How , if any check or other
instrument received by Leader 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 date and this Security Instrument be made in
one or more or the following form, as selected by Lender. (a) cask, (b) money order, (c) certified , bank check.
treasurer's check or cashier's check, provided any such ched is drawn upon an Institution whose deposits are Insured
by a federal agency, instrumentality. or entity, or (d) Electronic Funds Transfer.
Payments are deemed receivedy Lender when received at the location designated in the Note or at such other
location as may be designated by Lender in accordance with the notice provisions In Section 15. Lender may return
any payment or partial payment if tie payment or partial payments are hssurfficient to bring the Loan current. Leader
r
may accept any payment or partial payment Insufri t to bring the Loan current, without waiver of any rights
hereunder or prqladice to Its rights to refuse such payment or partial payments in the future, but Lender Is not
obligated to apply such payments at the time such payments are accepted - if each periodic Payment is applied as of
Its scheduled due date, then Lender need not }say Interest on unapplied funds, Lender may hold such unapplied funds
until Borrower makes payment to bring the Loan current, if Borrower not do so within a reasonable period of
.` 3 of 14 WWwdbans9k-.rwn
-, Lender sitall either apply such funds or return therm to Borrower. If not applied earlier, such fiends will be
`'a01 pptled to the outstanding principal balance under the Note Immediately prior to foreclosure. No offset or claire
AO which Borrower might have now or in the future against Leader shall relieve Borrower from making payments dace
wider the Note and this Security Instrument or performing the covenants and agreements secured by this Security
Instrument.
2. Application of Payments or ProeeWs. kept as otherwise described in this Section 2, all payments
accepted and applied by Leader shall be applied In the following order of priority: (a) interest due under the Note;
(ix)
principal due under the Note; (c) amounts die 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 Nate.
If Leader receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient
amount to pay any late charge due, the payment may be applied to the delinquent pa the late charge. If
more than one Periodic Payment Is outstamling. 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 pail In full. To the extent that
any excess exists after the payment is applied to the full payment of one or more :Periodic Payments, such excess may
be applied to any tate charges due, "Voluntary prepayments shall be applied first to any prepayment charges and theca
as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note
shah not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Item. Borrower shall pay to Lender r on the day Periodic Payments are due tender the
Mote, until the Note Is paid in fail, a swu (the "Funds") to provide for payment of amounts due for: (a) taxes and
assessments and other Items which can aftin priority over this Security Instrument as a lien or encumbrance on the
Property: (b) leasehold payments or ground rents on the property, if any; (c) premiums for any and all insurance
required by Lender tender Section 5 (d) Mortgage Insurance preadums, It any, or any vim payable a by Borrower
to Leader in lieu of the payment of Mortgage Insurance premiums In accordance with the provisions of Section lti.
Them items are called "Escrow It " At origination or at any (line during the term of the Loan, an, Lender may require
that Community Association Dues, Pees, and Assessments, If any, be escrowed by Borrower. and such duet, fees and
assessments shall be an Escrow Item. Borrowershall promptly furnish to Lender all notices of amounts to be paid
under this Section. Borrower shall pay Lender the Fonds for Escrow Items unless Lender waives Borrower's
obligation to pay the Funds for any or all Escrow Items, Lender may waive Borrower's obligation to pay to Lender
Funds for any or ail Escrow Items at any time. Any such waiver may only be In writing, In the event of such waiver,
Borrower shall pay directly, when and where payable, the amounts due for any Escrow Item for which payment of
Funds has been waived by Luer and, If Lender requires, shall furnish to Leader receipts evidencing such payment
within such time period as Levier may require. Borrower's obl4adon to make ,e such payments and to provide receipts
shah for all purposes be deemed to be a covenant and agreement contained In this Security Instrument, as the phrase
"covenant andagreement" Is used to 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
h and pay such amount and Borrower shall then be obligated under Section9 to repay �Leader any such amount.
Leader may revoke the waiver as to any or all Escrow Item amt any time by a notice given in accordance with Section
5 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then: required
under this Section 3.
Lender may, at any time, collect and hold bunds to an amount (a) sufficient to peat Lender to apply the Funds
at the time specified under BESPA, and (b) not to exceed the maximum amount a lender can require under BESPA.
Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures
of future Escrow Items or otherwise in accordance with Applicable Law.
TU Funds sit be held In an hastifittion whom deposits are insured by a federal agency, instrumentality, or
entity (Including Lender, if Lender is an instituti
A. ender it not be required 10 pay Borrower anylatere3t or earnings on the F
un&. Borrower in Writing. however, that int a paid on the Fu 1 e and ester caagree
annual accountingof the Funds as requiredy PA, give %a Borrower, withoutcharp. an
If there Is a surplus of Funds held In escrow, as defined under RESPA, Leader shah account to Borrower for
the excess fu in accordance with EESPA. f is a shortage of F held In escrow, as deft under PA,
Lender aotlfy Borrower as required by RESPA,Borrower shall
up the shortage in acc ce with RESPA, more but In no to Leader the amount rase to make
1 monthly payments. it dwse is a deficiency of
Funds held in escrow, as defined under RESPA. Leader shall
' ,� to LOW" the sial notify Borrower as required by RESPA. arnl Borrower
2 monthly payments. to p de in accords with RESPA, but in no more tban
Upon payment in full ofali sums
red by this Security Instrument, Leader shall promptly rr' to Borrower
anyF held by Leader.
4. Charges-. Lfens. Borrower shall pay
the P all , ss nems, es, impositions
m attributable to
Pro - � which a Priority over this Security Instrument. leasehold payments or rents on the
' any and Community 'i Dues, Fees, and Assessments, If away, To the extent that these sterns
are Escrow Items, shall them in the manner provided in ora 1
a) agrees io wrBorrower itall ing the payment discharge any which has priority over this Instrument
l of the tion the Ina Borrower:
o,
so 1 as Bo IS orarrira such agreement; Ie to nd ism only
enforcement of the lien In, legal } contests the lien in faith by, or against
while Pro p ln€yi which. In Lender's opinioly until such proaWtingsn operate to prevent the enforcement of the lien
of the lien an a eut satisfactory to Lender subordinating are concluded; or {cj ares f the holder
determines Haat an t of the P It"to this S ty Ins n1, if Lender
y sub, to a which can. a priority over this ri tuastrunaent,
Lender may give Borrowera notice ids the lien. Witte 1 days of the date on wr itch Haat notice is went,
Borrower shalt sa fy the lien or take one or more of the actions set forth above In this Section 4.
Lender may require Borrower to pay a one -tone, ClUnge for a real estate tart verification and/or reporting service
used by mender In connection with this Loan.
5. Pro ante, Borrower shall keep the improvements now existing
P inst by Bre, rds � w� _ g after erected hazards �
inciudlirg. but Haat liras to, "ext coverage,"other
floods. for which Lender requires irusnmamce. This 113SUrAnce shalt be
maintained in the amounts (Including deductible levels) and for the
that Leader requires. What Lender
requires pursuant to the preceding sentences can change during the t of the Loan. The Insurance carrier providing
the Insurance be chosen by BorrowerLe to 's right 10
's choice. which dmay
rarequire Borrower to pay, in aconnecilora with n, either: (a) a
timea for fl determination, certification tracking services, or
determination and certification services and {b} a time for fl zone
one -
ably might affect determination air es each tlna�e ppings or arc gee occur which
any f Bora. Bo shad slats he ble for the payment of
by the F Agency is connection with thq review of any fl zone
determination ting from an objectionby Borrower. y
If Borrower falls to maintain any of the c
.sOption And ,s e, coverages deux above, Le may obtainInsurance coverage, at
of cora "�, Leader is no ob n to Pur any or am
ount
. Therefore, such coverage cover Lender, but might or might not Protect BorrOwer,Bono 's
equity In the Property, or the cont of the Property, against any risk, ha ar liability and might provide ter
Ola lesser eget was y In effect. B err ac lues that the cost of the
significantly Insurance cd might ex the of ranee Borrower could haveamounts so
by Lender r n 5 debt of Borrower
amounts rote at the Note rate from the slate of red by this . dty
Instrument. disbursed
u notice frons Leader to stat ands be payable, with such interest,
AliInsuranceting payment.
requireddisapprove such POIJctM shall b� an re is of be subject to Leader's right to
additional Standard mortgage clause. r as or as
payee. Leader have right to hold the policies renewal certificates. if an
r requires,
V° ,..; ,,.s,. 19STRUWNT
wer shall prig give to Leader all rerelpts atpaid We rani rc
ftrraa of # e case age° t } raatiees. It Borrower obtain any
Policy shall include a Leader, for da to, or desstruclinrt of the Praperty, such
clawd
anshalt Dome Leader
pay -,as rtartgagee aauilar as an addidosai its
to The event of I'm. Heorawer
if 011-19 giva oaiice to insurance car 11 and l Promptly by is {answer`. I3Leader. Lender may make
. ar004 whether mrrt tle sa ri rand Sarrow" mberwi n, to rZ
or Of the Property, it the Y was by Lrtader, be a nay
During ar repair is eco feasible and a restara e&
h and rest . Lender shall have the right Gr old such irrarue�iy is not .
haul an opportunity
err p s until
has that sore shat!s cpeay toenaure the heed competed to Leader's satisfaction#
too
single
io le en promptly. y
� p�yaraetu #ta n and
as to writ A of Pa as the a Proceeds far the
6Lende
required to pas p any bl eLa r qui r to be on such
i pepraceetis Uu s shat# not bet
if the by er shall of 'Fees for public adjusten, or other third parties
or ropylr %s runt eeoo and shah be the sole obligation at r.
Iwo to tins Y fe or is security would be Borrower,
byat ,whether ted, t hasuramce proceeds
to Iir, rower, Std nce shalt hs a ht the ardor rmta then due, with the gess; if any, paid
aun-ivraban"laft the
Provided for to Mian 2.
+ eta d miters= If grower does adrt Leader ' file, negotiate and sere any aval are ceim and
offered to sande a claim, ithin 3#I } to a ire Irma r that the insurance carrier has
utuire is m, sena either ever", or It y and settle the under
claim. dO all -day Pfd will
signs r (a) Borrower's txtukr ncgtt#tes the Property under ia wbeo the
to and hun"VIce proceeds in (bi an at an amount rant to exceed the Borrower Paid
under the iYme or thLs Security Ins . ,sem is on
aotfufloarned t a #ams paid by ) ala y 's r# (4th" than the right to any retand
ar as such r# fists
Prd tyY coverage of theLeader Pay amounts MqUW under the Note t the insuraoft surance Policks covering the p either to reprair or the
6. tyecu ower i occupy,tY int t, whether Or tort then due.
within
daysStiert Bocrme otthg ish, and use the Property
ee and shall eatattnue to otxu pr print !Pal rss#
Principal a far at leAA One the do* atoceu rw the Property as er°s
deacc
e ' m aball ant he enure , unless otherwise gees #n writing, ave#cta
t ontrui, blY withheld, unidss eautrmdtatim� ckcutustaores exlw
which are beyaod Barrowcr,s
7. !*reservation. Maintenance and Prta of the Pru
the801TOW'er Is residing a tea P Nem: lnspeci shall not
d,maV or impair orate or t waste on the
f3arrawer AWl "adataln the Praptrty In order to prevent y. Whether
or
tor#
`fete ioratiog or ng in value due to hs determined preveol the Property Pram
is nus ecam Ion. Unk it to Section S that rept or
or yf
a if# arcor
%n PPtarcre ifith to avoid further
few Y` Ilorta"'tr shati be a for repairing or paid
he Pr tem only
it
to, or
fire takartg
apracceda d the P y only It Lender hurt
le as the work Ls tee the repairs and retaratlaa lu a
to wl. lfthe i ar ra pay"
or is
or the Property, ty,Borrower Is not relieved of filo 's anon for the me ao# t
Leader or its t may a env a pletiam of Bch r#r
Leader —Y the # of the poor And
l �ason' of the prop", If it has r le caruse
afar$ to $artia an Interior Such
ncb P
o give
at the time
BmTowers Loan Application -In default It
materttll My p+erum or can des at the directitro of er or with Borrower's
the know edge r co prac�ss,
materialinformation)�Watrw statements to Leader (or failed to or wive
#n ection with the Loan. Material' re pt'rrvtde "unite with
t co Borrower'$ Occupancy nude, but are limited to.
panty of the P as $arroer°s principal residence.
att'aar..F ..' _.t......_ .....,..�....
Mftffrodalo-
:nil
paw 6 of 14 ........ €
.crrar
e A\
�-
acatra€}
a is eat as J ° ,:. Iw
iYM1 iii'&asai� Sai�*p t€at54 kE lota�i tat tip f'4ka� s�... s�s4 rt �t'i,re a3 art's, rW ,x,
Frag�a ., alrm t ea r Vis° f�sr °a ��„r e r ,€roar€t r wpnq„. 3W tea sr a „�„�„ t �: .b-
Ftepert3 this t Security red, i �b aw vat tat iii a'rttcrt .
repaking
he Property,
payloganymons
secured
a Actions
m can are It (a)ba it S priority or fInstrument, iscmart; and
(c)paying
reasmadde
a ftptoproiemt Is Interest In the Property andlor rights under totSe try lr%ra�tet. iipasikn Ina ncudia is secured
Wades,e Plot”
but Is to. the to
,take locks, of a ttrala air �
other code vi or , and have m turned
under this 9, er does,reit to tki and int on or ori Although may take Mott
Lender Wars "aiia for duy � this
to tka .Itis agreed ths
any Or all tins d.
Any Amounts dMorsed Security by Leader ander thts Semon g shall become Additional debt afBorrowersecused by this
i hear taterest at the Note rate from the date of disbursement and shall be
P . upon unike hvm Leader W Borrower
if Security t is on a hold, consply with r payment.an the
provisions ft�t 10 the the and the fee tai fire if
14 WMIA& the
24
.t , IfLemim requiredMortgage inuWame as as COWRIon ofmakbg
$hail pay the fired Is the M i the Loa e M r
in Affect. If, for Amy t�
6'ons � Inswer
that
WW war wasto makesseparately adesignated dMs b
I ace. UWTOWer *all pay the PtMWM MpIred to obaw c subsl h"As for Mortgage
insurance Preymnsly in etfert, At a cost suly tquivaleat to dw to Bo to the Mofga
, from an at a insurer selected by Lender. it substantial rtgage M usage
France coverage Is available, Borrower shalt continue to pay to Leader the a of the � dvaely n4Mw e
PaYMWtat were ole inset caused to be in effect.. r will Am
as a kms reserve lieu of M I tire. Such loss r to, we and read d
be ntua•re ,
h -W tip fictthat the Loan is ultimately paid iia full, and Leudfr stroll
derest Or 00 such log can so require pass required lf Mart is poly y
cav {34
and'or the t r 3 i e
bemnrots ova , is obtained, And separatelydesignatedy ower selected by Lender again
or
MWIPP
qpW
nuke "ParaWy ee fluso . If i as a condition of the Lnan and Borranoer watod tpremiums for MmtgW bmMum, Burrower sing pay
t to t M a
in effect, or teaProvide a Dart- le toss met”, wait
Leader's Mquirement forMortgageI'surAwtends In accordance with any written Agreement between
IeaderO afterpt—idingforsuch ie or Audit Is reg by Applicable Law. NoI In th Sect
M tion to tray hub -to at the rate provided in t Note.
if kcrOW0 ” am MM rpt Lender (ru' AmyeutitYkR Purchases the Note) for certain tomes it way incur
the Loan as Agreed. ROr*WVT Is 90 a party to the Mortgage
M Wasters evaluate dteir tot ai rusk on ail Bach I law w. MA.
agret� with outer parties tint share o iru ce from time tt, do t. ,rad naay Wer Into
cit that aces � to fife age Imy t lr risk, Or agreementsA moa terms And
t and the other (or its) to a emts.
a is Wray require thea to nuke am of funds flat oto
yasover
de i fates from M int premiums),
qty, s a result Of theft airy a of to e f Leader, any p of die NOIC insurer. any re , any odwr
be dwacterized a) ami n& may roc J- (directly i certly) that frame (ear
a o of Borower's payamcrtts fdo
or Mmt9aVinsure„ to exchantie for sharing or Modifying
mm. _
r,v�,atzss �H,T,. cur
P490 7 O to
.am
/'1
/O 1
r'1
Form 3013 rdot" —rant" t k" ORM NSTRUWUt
PA" tit of 74
wsvrv. carr€
600 under this Security Instrument. the pr of any award or rialm for damages that are attrthelable to the
impahrmew of is tatermt in the Property are hereby assigned and shall be paid to Leader
-
All Misrellaneuos Proceeds that are not applied ire resaomthou or repair of he Property shall be lto din the
Order provided for to Section 2. app
12• Borrower Nm° Fon by Wider Not a Waiver. FMenstOo of the time for pa t or
modification of ixatton of thesumsectored by this Security Instrument graftled by Lender to Borrower
or an
Successor to Interest of Borrower shall not operate to release the liability of Borrow" or any Satrressors in Interest
of er. Le shall not be rquired to pro against any Stec to Best of
or to refuse o date for pa nr � r
modify smardumns of the secured this Security
Instrument by n of any and made by the Original Borrower
or any Successors in I of fiorrower. Any
forbearance by Leader her exercising any right or tow
tedy including, outman Ifibitation, Le r"s acceptuat
from
payments third persons,entities or Saccessors In Interest of mina is thea t&e e o
doe, � > be a waiver of or preclude the exercise Of any right or remedy.
13.
Jane and Severad "AbBOY; Cnw res, Success and Assigns Bound. Borrower covenants and agrees
tdmt Bot rower s Oblhgattoars as aiabillty shall be than ae
sevesat, I lowevex, any Borrower who est -suns this Security
Instrument tett clow ' nor execute the NOW (a "co- *). (a) is co -s g this Security Int Only to mortgage,
's
grantandCOWAYthe interest in Ow Property under the terms of this Security Instrument; (it) is not
personallyunilgatedto pay the sumssecured by this Security
errs, anon (c) Agrees that Leader awl any mother
Borrowercan agree to a u Modify. forbear a any accommodations with regard to flee of this Security
instrument die Note without tate ccs -sign 's consent,
Sal#ecs tri theprovisions OfSectionInt, stag in interest of Borrower who
obdigathous this Securityes gears right s
esu in writing, Is by
approved ll all Of BurroWff rights
and benefits S �r this Security ]gown shall nit be released from Borrower's 044% and liability
nlesInstsaLead
u this ty nit u Lerner to such release In writing. T s and agreements of this
Security Instrument 3W Manias Prot fearj and benefit the and ansa of Lender.
'
I4. Cita !ender may c Borrower tis for services performed in connection with Butrower,s
default, for the Purpose of Protecting Leader's interim to the Property and rights under this Security
Iastrimle
inc ' , but limited to, m ` fees, inspection and valuation tees. hs m
absence of au in y f to a fee m Sob any os(hem ber teas, the
as a prodaiidifort tau ihn r tang of such fee.construed
r may €mit fres that are exly ttad thisSecurity
Instrument or by Applicable hew. Press
It the Lowt Is s lent to a law which sets charges, and that law is finally interpreted so that the
Or Other loan Colletted or to to collecteti in
connection With the 1434 exceed the permitted limits..
then, (a) any such loan dwr shall be reduced by the necessary to redo the a tothe hat€# ninth,
and (b) any scans call from
which ex permitted limits will be refunded to Borrower.
Leader array Choose In main Obis refund by reducing the Principal the Note or by waiting a
direct to Borrower,
If a refund reducts f� the will be treated as a payment
Prepayment c (whetheror not a t any
prepayment charge is ovided for under the Note) °. Borrower's
any such refined made direct acceptance of
i o
by payment to Borrower with rnastltute a waiver of any right of action Borrower might
have a + of such over.
IS. Notices. Ali given by Borrower Or Lender in connection with this Security Instrument must be hr
writing. Anynotice toBorrower hnconnection with ibis Security heaturafmshall be deemed to have been to
Borrower
given
when waited by first rias snail Or when actually delivered to Borrower's notice address it sena by other
mens, Naoko to any nor wee fate nruhce to all Borrowers Applicable Law expressly rqwm
The e a be the property Address unless Borrower base
.tte
-odor Of Borrower's change at rsL
eaderaddr ss by notice to Lender, Borrower shall Promptly anJty to
specifies a procedure for marlingBorrower's change ofit
then a
y€ rage of address
through that sperti'ted procedure, Then may be only We designated notice address ander this Security lonstruaoeot
at :any Oita t%. Any amice to shall be given y deli it or by mailing it by first
class mail to Leer's
address stated herein onto% Leader has deli another address by notice to Borrowtr. Any notice in rrsamecttoo
with this Security Instrument shall no In deemed to have been toLeader
given until y received b it y Leader,
Form 3013 rdot" —rant" t k" ORM NSTRUWUt
PA" tit of 74
wsvrv. carr€
an
.-14111" under
mow; requ%rertaew under this ble Law. the Apfrnttalate Law
taw nt the Illty; of ,*#isSecurity nt5 - t shall beto which t + b Al# yerr subjtti ang and limerty Is urwed and anulainedinlcr silnw the Patties tsr b cable Lass. A Law Mights rnetat by crmtract. fo tor he it be slieot, beatslituce shall be
hitte stsrh event that any Provtsl rr e nt tots Surfty
wraha Note can be given eft affect luta of y
As used this Serurlty u: (ad of thee 004kdog Y
neuter or wards of lsu gender- or in shalt Mean and Include coff"N
OW (r) the' gives ad Include the (doral and vire
M 's copy.without Any obilliation to take any action
I8.
Traoslarefthe property oa• a Ot the Pim of Seco
i cos Property,the in the . As uwsa in t#b t u e c Sas
any 1 tx f rty, tudlrg, but iirtdtmeteal to, tidal
a bond for deed
Of which Is the transfer or tide by at a lou" date to a Parc crantrad orescrow apeetneol. the intent
It all of any part of the Prouty of any in thePerson and a be to war is sold or trate
rsf is sr or transferred (err if Borrower is not a
danrredl
in full *ran Without 's lir writtn consent,
by if eat by, this . H r, this n
If catshall � by APpI %w.
of toot less 3ti days trot, the date tfw ltl of arceleratian. shalt
mprovide ust Pay all by ice b given 1n accordance with Section 15 within a
PftlodLead" may Invoke Any t y this ty ley in the expiration toammemW er
on Borrower,t�. Borrower's t to �
ithout f or demand
Mara the rightto have e i tion, if certain c tions, wee shall
time days beer sate 'tie or` tbh, Security d�7ruattert utrf at an time to the
earnest " pumant to Imidued in theSecurity. th3
Other as ing "ble Law aatigtu far the lerminatloas of borrower's to ent; � such
Judgment enforcing y 1��. nose testa#e, tej of a
be d under this Sc�ard err Haat iiaarraawer: (a} Pays an sums which
Of anyd" w*Wd oriani and the Pl a as Iron acreleratban had
t Haat limited to, Agreements; (r pays all expas to enforr ibis oct�: Ih1 cutrs any
le a t3 t incl
gal i eoder's its oo and Pers, and
censer r far the
arUou ash and hfy wire tea that is outer this ; and (d) rakes h
@r'a ob tg Le Iniftest in the property and r fhis Serud
ly
as sena cast y resluire tit b pay such arlaastat b a corny, . shall csusttnue Unchanged,
Pets in oat ar of the follow inmu
P v#ded any sorb It is drawn u � rhes;*„ ireasot er'' cork or
an
'-whose cashier's check,
or (tU rirttnic 1" Ttaa rx. &P is are b cured by a f e fnstrwo if
shall folly effactnve a no erre stat by Borrower, this Set UHIY eat y
rut fn the of reel ! ortxrrs d, However, this ht �, ssbl
Zb, S liadas: G t& reiinstateshall
(together with thisument) r; orodevance. iise Aloes or a partial
in
a change
in
the ty I can be n or times w i In t Note
-MS ltd amity 9 "" as Servicer"} the Pto Borrower. A sale might
ansa . ut. andy annr9ernou" and Perin,', dew ander the Rica
APp cable Law, also might be ones or obligations under the PlofeI this
Secorhy
of the Plate. tfthcra Is a rhauga the inn Sesvka , Mom chan of ahr Loan Servicex unrelated to a sate
� the � and addre to€` the rmsw Borrower will Ira given of a than
Loan Servitor, the hr whoa paaymants since t which will
ism ithSPA nrrfoires in rorsnectlam with a ,the
ofsestirtog. it the Banta is anted any ether
ac�aa .�...�
t'cxan 30I3t ' t,A tIN91F .. ...--......--...,..._...
POPtF Of 14
to .. . r * LAMB
win reonda,
by the Note ° tvor hent`ned ua a e. theits"agetitan Serves rpt
jWww
t#t Nor eidier B"oavrr r+aar r ' by tho rote r. cama- 14" �cesr neer no auvn*d
ota skies coware join, be
alleges drat the f a the Z Jatrud any�di Ston either as I
until 3nrh itnrrotivoctiam
er y hatany Provislam, of, or $� kr this ' aivoai
of ' lig or such Letal tl turllfled the � by reason or, thks �t Waal UUW'em or titan
Ply {wath sorb y
can bMAke aa take ve Action, J A a Law qty o a v�tkr� p rv➢tht r"wrem its
accelerationthat arfiihr tobr a which le Wind '�ofinch
givento r tar before action
to a to Section40 apponjoshy to we' pansuaat to Section 22 and the ses or this noticeSaloo'fbe ttatke of
20. to aatiafy tial and o of r"kr'atioo given
23. ilasardoas As P to take corrective action
is tae � � zi, (a)
those
or- Pollutants. or strs by l l aw aresubstances
iaws containing "banin or i , And rads toxic Ic antra "irides. ollowing �aac�e
fc) ' radowed ioactive (b} -Iran
lr advents,
EnCleLaw; and any response rriVe safety eav w�ftental Fi t
of an donned
Environmental{d} sa " alrewial itcnap, or action,
g_ a condition that can c x � Z
"nsetar threat kr stay if arcoatti�rte to, or
10 ' t ar%rli g the Ejahlch� rdwas . on or #n the prof fl arar'dow gu
nor allow anyone
Euvi i Ir 4 or �')� (a) t is in violation of anthe primey y. Borrower ahail not „
Prrsetat r„Overof m the va r t y. ase. or release of a �� JAW
) which resales za
ase, was, the
on the p e, cronies a
a to al y ar qua ides of It ons two shah to
stn In Consumer}, aad to or fo of the bstancea that aregenerally
shaid t uci g, but u
l lnmlted to,
action atty gov �€
or Env tai Laav oto o"Weagency urian ae Pam irrv�of� the P taw r a
aijgaijw,claim
limited to„ any kaki „ er s Huai knowledge r°i� �y and any ifa r
Condition cat ►mase ib) any EnvironCondition, tnc SobstAM
l' ifmg!!
°r a Hoarere f lentS '"Sing hot awis gray e, and it) any or airy lfasardooa S ce a#i° vator the
isis Or any private Party, that
aaaroiai cr w#ih „mower sisall
AM"f,�. .` erein " tr
any
22. Leader
Barrower s a covenanto ndrr a✓balt Sim fee to ran' greftmmto Prior tags as follow,
Law at (lit trot eerleratbo frrlbwiog
rcquit eci to care the default. {c) a date, shad n
Wit"the default onset hnoticee cut' iestt than 3t days the dant the � W tine d+e onnod", 0) t� r
natter y merit in a sun's
u that oto ears the default an othisr be%re is vett to #nrr�aw "t by
a tdw
ofi"amr Borrower It
stat atm the
he
tanit bef� uta den *- t to satsz ccs ttad r k to Property. art
Payment
t tali pt date yitt t o dct r In ac a gale eastart
of sad and
quay aws" secured by 't t " Leader at l o y require inn if the
by A Lender shaft
_ ai%t
Law. tender shah bey brvoke the
to collect all
Incurred to Fu
ati fres and Costs of title evi F la ibis Sectian U.
Including, sat
U n, e. but iisniteclto,
er aW
et rrrefsarte, reasaraahle
to be as t oftault aad of to nc Trusttr tr► eaectrte
t m in .unty1. wWt to cam the prnpe y to be ktea notice of the
Law.. T ax F by p I.aw Part of for rly k lacattd, Under, ar T tsar
After the i PUl c sake to for T3orruu rsuittri other rptr wall
Public a � to by �, T in thre t P Ap bar
is or ting to the bls blur at the time ee. t by Ap k late,
the pmj""sad to any a tee Plaer a the f Sara wtx, Property at
by PiNk"an purcbw theat the T ataale stall n4oated 'A the Mire otsaie
Trimer pro at any sale, a Patch"" Trott", y uilyd mor any parrei of
Warranty,to the
of the"Pressed or bn , The t T ,, lire i'rop�crlp with ut
t • Trust"*Mq s �or
at'the sak, but htruenew P of thto,e suis � t t evidan" of truth
bll�Yaaae Uvq thep. �(cl) any esti" to the sumPer," ors sent attorneys= Vis: (b} to ws
c'rsrto �Fh' atteProper` this redbyoris enttait to .
TrasuperuMee and l r Trustee
eudded to it, b p
ro" WitbWany
sadthe dt" f the Property, bat the is rMordat rusts, L.eWtr any cba rl by this
at the fee Paid to a thirst party
(such as the
sa nr a
U. 5 T k i aw. raatlered
a strr r trustee to any T a may' f_any or „ from thus iia tlrac rr
Siall surreed to 4 the title, P - +ith t txthePropety, T lad
appotet
kCaled 21. Are L, orpr . me oma T1, out here#n a by A Pitubdr the crrstvr trustee
to FF
city or 'Mat
i a than 40 acres ht area or the Property fx
w
Y SIGNING BELOW, Doffower accepts and agrees to the tertru and covenants ContaiDed ht this -SeCUtItY
ovisment and. to any Ruder executed by Bommer And recorded whh it.
USS C. MILLER _.-lip
-Bummer
Bummer
»F Mac LW�. N$T NTNIRS ....._.._.w. r,�sr
r. 3+313 f01 13 drlf 14 www. ` wares
TF9
State, of A. -i Cs rite
i
Coaaoty gar
Llan this
1ise day.,f
MILLBR,
iAU PAZ CAMPBELL
tas the yw of tefwc R*
a Notay Public, prsoaaalt
Y #aeaced
pox clef to am (w the rafswist r
and w k- d to aria t e t s# base aaaaca s) arc
3 ed the t,Alirthcd to the thin
OF 'At
¢�
Ulm m
,j=XCF'..
MY
t-miujou
7 MMMWM4"""
QO
PLANNED
s
1.1840
LOPMENT
'MUARY. 2006t
B,
r£ deem�d 4y or
g .
*Von h-yedW*ltuwo&M=w�lp8WW' De
t
MoR7UAGE CORP., A CALIFORNIA Co NOk 10 WINDSOR CAPITALRPORATION
B
parctis .{ 9.8 t &M aw BMith3
� B
COVENANTS, CONDITIONS AND RESrRICT7ONSOF s
demopmot
1£
i
Y of 3 F
' >dy
What Leader requires as a mdldon of this waiver case change during the term of the lana.
Surrower $bail give Lender prompt notice oFany lapse to required property insurance coverage p
rovWed
by the master or blanket
In the event of a distribution of property are penceejs in lkV of reiomdua of mfWr t
a loss to the Property, or to common areas and Jacluties of the PUD. any Payable to Borrower are
hereby aulgood and shall be paid to Leuder. Lender shall apply the praceeds to the sums secured by the
Security ISSUMMent, wheflatr or am ihen due, with the excess. it any. paid In Borrawer
C. Public Uablky incur e. torr shall Lapse such action as may be le to insure
that the Owners Assoctioo a public liability Po acceptable in form, t, and
extent of coverW to Lender.
ii 7€TAi41U _ F aa�a
Essen 3151 IMI ae MIA N7 � 2 or 3 ram
iF
3
of 3
STANDARDS FOR HOME OCCUPATIONS
STATEMENT OF COMPLIANCE
UDC 114-3.21: Home Occupation: The following standards apply to all home occupation uses with the exception
that strict adherence to the standards contained in sections 114-3.21B, 114-3.21C, 114-3.21E, and 114-3.21F in
the TN -C and TN -R Districts is not required:
A. In no way shall the home occupation cause the premises to differ from its residential character in the
appearance, lighting, signs, or in the emission of noise, fumes, odors, vibrations, or electrical interference.
B. The home occupation shall be conducted entirely in the dwelling, and not more than twenty-five percent
(251/o) of the gross floor area of said dwelling shall be used for a home occupation or for storing goods
associated with the home occupation. Materials may be stored in an attached garage or storage area,
provided it shall not reduce the required off-street parking below the standard established for that district.
C. No activity connected to the home occupation or any storage of goods, materials, or products connected
with a home occupation shall be allowed in any detached accessory structure.
D. The home occupation shall not involve the use of more than one (1) commercial vehicle.
E. The home occupation shall not have more than two (2) out -going pickups per day from a common carrier.
F. The home occupation shall be conducted by the inhabitants of the dwelling and no more than one (1)
nonresident employee shall be permitted.
G. The home occupation shall not serve as a headquarters or main office where employees come to the site
and are dispatched to other locations.
H. No retail sales shall be permitted from the dwelling except the sale of: a) services or items produced or
fabricated on the premises as a result of the home occupation; or b) products related to the home
occupation
I.
Off-street parking shall be provided as Section 11-3C-6 of this Title, in addition to the required off-street
parking for the dwelling
All visits by clients, customers, and/or employees shall occur between the hours of 8:00 a.m. and 8:00 p.m.
Certification:
I have read and understand the above standards for the operation of a home occupation and certify that I will
conduct my business in accordance with these standards. If I cannot meet these standards, I am not allowed this
accessory use.
Applicant's Signature: _ 1'" z -(k, Date:
STANDARDS FOR DAY CARE FACILITIES
STATEMENT OF COMPLIANCE
UDC 114-3.9: Day Care Facility
A. General standards for all child day care and adult care uses, including the classifications of day care center;
day care, family; and day care, group:
1. In determining the type of day care facility, the total number of children cared for during the day and not
the number of children at the facility at one time, is the determining factor. The operator's children are
excluded from the number.
2. On-site vehicle pickup, parking and turnaround areas shall be provided to ensure safe discharge and
pickup of clients.
3. The decision-making body shall specify the maximum number of allowable clients and hours of
operation as conditions of approval.
4. The applicant or owner shall secure and maintain a Basic Day Care License from the State of Idaho
Department of Health and Welfare --Family and Children's Services Division.
5. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between
6:00 am. to 11:00 p.m. This standard may be modified through approval of a Conditional Use Permit.
B. Additional standards for day rare facilities that serve children:
L All outdoor play areas shall be completely enclosed by minimum six-foot (6) non -scalable fence to
secure against exit/entry by small children and to screen abutting properties. The fencing material shall
meet the swimming pool fence requirements of the Building Code in accord with Title 10 of the
Meridian City Municipal Code.
2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required
yard.
3. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk.
Certification:
I have read and understand the above standards for operation of a day care facility and certify that I will conduct
my business in accordance with these standards If cannot meet these standards, I am not allowed this accessory
use.
Applicant's Signature: Date:' l (} (,'
W
State of Idaho HMr0383
DEPARTMENT OF HEALTH AND WELFARE Rev. 11/94
APPLICATION FOR BASIC DAY CARE LICENSE OR CERTIFICATION
TYPE: (check one) Basic Day Care Center License (13 or more children)
Group Day Care Facility License (7 to 12 children)
ZDay Care Home License (6 or fewer children)
Certified Group Day Care Facility (7 to 12 children)
1, 64-9m l 0 . %I /l. C &, hereby apply for a Basic Day Care License or Certification (indicate
above) in accordance with Idaho Code 39-1101. 1 understand that my facility must comply with all
applicable health and fire standards and all owners, operators, employees and volunteers and all other
individuals twelve (12) years of age or older having unsupervised direct contact with children in care
shall have criminal history check.
Criminal background alecks on all individuals under the aae�ht (1 t3) years of age shall include
a check of the Juvenile Justice Records of Adjudications of the Mlagj& to Division of the District
CourtCounty Probation Services and Department of Health and Welfare records as authorized by the
minor and his parent or guardian There shall be no additional fee charged for this criminal background
check There shall also be a check of the statewide chid abuseregister regarding all o the above-
named persons "Volunteers' when used in this chaoter shall mean only those persons who have
direct unsupervised contact with children in care for more than twelve (12) tours in any one month
Applicant's name (please print)�Af
Applicant's Social Security number
Name of Facility
-.
Address of Facility 77`/^:�y )(. f T✓1-��
City, State, &Zip /)IF� j A j �%J_ d�3 (
Telephone Numf3
Name of Operator
Name of Employees Duties
(Add another sheet for more names.)
Name of Volunteers Duties
(Add another sheet for more names.)
The Department of Health and Welfare will process your application upon receipt of the necessary
reports from the Health Department, the Fire Department and the Criminal Identification Bureau.
Signature
n
CITY OF
(:�Warihan
\\�\ 33 E. Idaho Ave. ti Meridian, ID 83642
Date
Applicant
Address
Phone
QUAN.
CASH CH K# NAME ON CHECK IF DIFFERENT THAN APPLICANT
1817
DESCRIPTION AMOUNT
f
PAYMENT DOES NOT INDICATE ACCEPTANCE APPLICATION
TAX
8 5 4 8 Recei
Ry
TOTAL