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** TX STATUS REPORT **
RS OF JAN 12 '99 16 07 PAGE.01
PUBLIC FORKS
DATE TIME TOiFROM
22 01112 16 06 208 888 1097
MODE MINiSEC PGS CMD33 STATUS
EC--S 00'31" 001 134 OK
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 Kelli A. Westover has filed with the
Zoning Administrator of the City of Meridian an application for an Accessory Use
Permit for the operation of a Family Child Care Home for five or fewer children
out of her home at 2886 N. Mule Deer Way, 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 shalt 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 Contusions of Law.
The property at 2886 N. Mute Deer Way is more particularly described as
Lot 17, Block 2, of Finch Creek Subdivision, Meridian, Ada County, Idaho.
Any and all interested persons are welcome and invited to submit
comments.
Dated this 12"' day of January, 1999.
~~~~~ S1
SHARI STILES, ZONING ADMINISTRATOR
PUBLISH January 20"' and 27"', 1999.
Post-It' Fax Note 7671 Dare ~ 1Z 49 "pagee~
T° Yale Ntws ~'°'" Son a
co.roeot. co.ci+ Merida an - ~'+
Phon®u 88 g - 19 `4- I PAOne M ~ , 8533
Faxa $$8.109"1
Faxa 887-12
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 Kelli A. Westover has filed with the
Zoning Administrator of the City of Meridian an application for an Accessory Use
Permit for the operation of a Family Child Care Home for five or fewer children
out of her home at 2886 N. Mule Deer Way, Meridian, Idaho. Comments, either
for or against, said application mus# 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 2886 N. Mule Deer Way is more particularly described as
Lot 17, Block 2, of Finch Creek Subdivision, Meridian, Ada County, Idaho.
Any and all interes#ed persons are welcome and invited to submit
comments.
Dated this 12~' day of January, 1999.
SHARI STILES, ZONING ADMINISTRATOR
PUBLISH January ~~,1F9
~~ cE~~
JAN 1 1 1999
CITY OF MERIDIAN P IL~INME Z0
33 East Idaho Street, Meridian, ID 83642 ____ _ _ __
-au~
ACCESSORY USE APPLICATION
APPLICANT: {~~( R ~~~L~i,.~y~ Phone Z '~
Owner or holder of valid option)
ADDRESS:
GENERAL LOCATION:
LEGAL DESCRIPTION OF PROPERTY (Attach description if lengthy): ~_~o fl~
PROOF OF OWNERSHIP: Copy of property deed must be attached, with option agreement and
notarized consent of owner if applicant is not legal owner.
SIZE OF PARCEL OR LOT:~;~ ZONING CLASSIFICATION: 1Z-~
-fit..
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
showing boundaries of vronertv, floor elan of house, area intended for accessory use, and narking
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: (I~ ~,~CX~
l~Jm-4 5 C~-i u~ I r~S.
FEE: 80.00
Use made of all abutting lots or parceLs:~
2. Are there other accessory uses of a similar nature in the area? If so, state the location and the
accessory use: i ~'Yl 1(l~' ~ n Q
3. Possible adverse impacts on adjacent property such as noise, traffic, excess light, odor,
etc. 1(~
4. Do you agree to pay increased sewer, water or trash fees if such are required due to increased
use? t 1 P.5
5. If the accessory use includes construction of a building on the lot or pazcel, complete the
following:
a. .Will all parts of the accessory building be located within the lot or pazcel?
b. Is the primary building already constructed?
c. Is the accessory building to be attached to the primary building?
d. Will the accessory building be constructed in the rear yazd of the primary building?
e. Will the accessory building occupy less than 40% of the required reaz yazd for the
primary structure?
f. If the answer to the above is no, will the accessory structure be connected to the
primary structure and will both the primary and accessory structure then meet all yazd
and court requirements?
g. Does the height of the accessory building exceed 15 feet?
h. If the lot or parcel is zoned commercial, is any abutting property zoned residential and,
if so, will the accessory use occupy any of the front yazd?
6. If the accessory use is for a Family Child Caze Home, complete the following:
a. Is a State of Idaho basic day care license required for this type of facility?~qq.~y ~' ~,-
If so, attach a copy of your license. ~`G~
b. Have you applied for or received an occupancy permit? t
If so, attach a copy of your application or permit.
c. Is one off-street pazking space per employee provided? ~y,(~
d. If the-home is located on an arterial or collector, is anoff-street child pick-up azea
provided?„~j~~
e. Is screening of adjacent properties provided?~
f. Is the play azea for the children fenced from streets and neighbors?~~',
If so, what is the fence height and type of construction? ~..Q ~~('Qcaa~'
7. If the accessory use is for a home occupation, complete the following:
a. Are only family members residing in the principal residence? l.~G~
b. Is the use of the residence as a home occupation incidental and subordinate to its use
as a residence?~ 1~
c. Will the home occupation use more than 25% of the floor azea of the dwelling?~
2
d. Will any item be offered for sale that is not produced by the dwelling occupants ofthe
premises?
e. Will mechanical or electrical equipment be installed or maintained other than such as
is customarily incidental to domestic use?
f. .How much traffic will be generated by the occupation? 2 fsr ?~ n n ~., -fti ~~ C1a-~y
g. Will off-street pazking requirements be met?~~
h. Will off-street pazking requirements be located in a required front yard? C~_
i. Will equipment or processing create noise, vibrations, glare, fumes, odor, or electrical
interference detectable to the normal senses off the lot? ~7
j. Will the appeazance 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? Y10
I hereby certify that the information contained herein is true and correct.
SIGNATURE: Q . ~~~{/
Z .,~~
SOCIAL SECURITY NO.:
DATE: t ~ 11 •~1
STATE OF IDAHO )
County of Ada)
ss.
4
On this _(~ day of ~ wq , 19~ before me, the undersigned, a Notary Public in
and for said State, personally appeazed )fie II. . -Ntsa-9~eO ,known, or proved to me, to be
the person(s) whose name(s) is (aze) subscribed to the wfthin instrument, and acknowledged to me
that he/she/they executed the same.
IN WITNESS WHEREOF, I have hereunto set my harxl and affixed my official seal, the day
and year in this certificate first above written.
. ~' ,,t~~G E ~~L ~,,C,,,,,'•.....
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(SEAL) ~ ~p't A Ip ~,
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Public for Idaho
iding at: ' H
Commission Expires: 08 os
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6481449
IDFD-3207-1
[Space Abore This Line For Recording Datal
FHA Case No.
state of raalto DEED OF TRUST
121-1616618 703 /203B
THIS DEED OF TRUST ("Security Instrument") is made on l38PTEMBER 15, 1997
The Grantor is GREG R. WBSTOVSR AND KELLI A. WESTOVER, WIFE AND HUSBAND
("Borrower"). The trustee is ALLIANCE TiTLS & 83CROW, 8385 EMERALD, BOISE, iD 83704
("Trustee"). The beneficiary is NORWSST MORTGAGE, iNC.
which is organized and existing under the laws of THS STATE of CALIFORNIA ~ and
whose address is P.O. BOX 5137, DSS MOiNS3, IA 503065137
ONS HUNDRED SIGHT THOIISAND TWO HUNDRED THIRTY ONE)ANDr00/100 s Lender the principal sum of
DO11aiS (U.S. $*********108, 231.00 ),
This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which
provides for monthly payments, with the full debt, if not paid earlier, due and payable on OCTOBER O1, 2027
. 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
FHA Idaho Deed or Trust 4/9
®-4Rt1D- ~s~os- Amen /9 11
Pape 1 0l ti Initlab: ~J
VMP MOgTGAGE FOgMS • (8001621.71
of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower
irrevocably grants and conveys to the Trustee, in trust, with power of sale, the following described property located
in ADA
LOT 17 IN BLOCK 2 OF FINCH CREEK SUBDIVISION, ACCORDING TO THE OFF CIAL~PLAT~
THEREOF, FILED IN BOOK 70 OF PLATS AT PAGE (S) 7218 - 7219, AND AS AMENDED BY
AFFIDAVIT RECORDED DECEMBER 6, 1996, AS INSTRUMENT NO. 96100255, RECORDS OF ADA
COUNTY, IDAHO. _
THIS IS A PURCHASE MONEY SECURITY INSTRUMENT.
TAX STATEMENTS SHOULD SE SENT TOs NORW88T MORTGAGE INC., P.O. SOX 5137, D83
MOINES, IA 503065137
which has the address of 2886 N. MULE DEER WAY, MERIDIAN [Street, City),
Idaho 83642 [zip Code) ("property Address");
TOGETHER WITH all the improvements now or hereafter erected on the property, and al! 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 al[ claims and demands, subject to any
encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants
with limited variations by jurisdiction to constitute a uniform security instrument covering real property.
Borrower and Lender covenant and agree as follows:
UNIFORM COVENANTS.
1. Payment of Principal, Interest and bate Charge. Borrower shall pay when due the principal of, and
interest on, the debt evidenced by the Note and late charges due under the Note.
2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly
payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and
special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the
Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a
mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in
which such premium would have been required if Lender still. held the Security Instrument, each monthly payment
shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary,
or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary,
in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these
items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds."
Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the
maximum amount that may be required for Borrower's esccow account under the Real Estate Settlement Procedures
Act of 1974, 12 U.S.C. Section 2601 et se .and im lementin re ulations,
9 P g g 24 CFR Part 3500, as they may be
amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated
disbursements or disbursements before the Borrower's payments are available in the account may not be based on
amounts due for the mortgage insurance premium.
,~,+w•
m-4RIID) ~9~osi Paps 2 0/ 8
If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender
shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any
time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to
make up the shortage as permitted by RESPA.
The Escrow Funds aze pledged as additional security for all sums secured by this Security Instrument. If
Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance
remaining for all installment. items (a), (b), and (c) and any mortgage insurance premium installment that Lender has
not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower.
Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shalt be
credited with any balance remaining for all installments for items (a), (b), and (c).
3. Application of Payments. All payments under paragraphs I and 2 shall be applied by Lender as follows:
First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the
Secretary instead of the monthly mortgage insurance premium;
Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard
insurance premiums, as required;
Third, to interest due under the Note;
Fourth, to amortization of the principal of the Note; and
Fifth, to late charges due under the Note.
4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether
now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which
Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender
requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently
erected, against loss by floods to the extent required by the Secretary. All insurance shall be cazried with companies
approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable
clauses in favor of, and in a form acceptable to, Lender.
In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not
made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment
for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance
proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and
this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment
of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the
principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or
change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding
indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto.
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes
the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the
purchaser.
5. 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 (or within sixty days of a later sale or transfer of the Property)
and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of
occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating
circumstances exist which aze beyond Borrower's control. Borrower shall notify Lender of any extenuating
circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the
Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant
or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or
~~-4RIID) ~s~o6~
wuw•
Pps 3 018
abandoned Property. 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 the provisions of the lease. If Borrower acquires fee title to the Property, the
leasehold and fee title shall not be merged unless Lender agrees to the merger in writing.
6. 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 place of condemnation, are
hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid
under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness
under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in
paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or
postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such
payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this
Security Instrument shall be paid to the entity legally entitled thereto.
7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all
governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay
these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect
Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts
evidencing these payments.
If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other
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, for condemnation or to enforce laws or
regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's
rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2.
Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be
secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate,
and at the option of Lender, shall be immediately due and payable.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:
(a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b)
contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the
Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an
agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part
of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower
a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within
10 days of the giving of notice.
8. Fees. Lender may collect fees and charges authorized by the Secretary.
9. Grounds for Acceleration of Debt.
(a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment
defaults, require immediate payment in full of all sums secured by this Security Instrument if:
(i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument
prior to or on the due date of the next monthly payment, or
(ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained
in this Security Instrument.
(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d)
of the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior
approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument
if:
Q,y'm-4RIID- t9~oei ape 4 of r- INdals:
P
(i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold
or otherwise transferred (other than by devise or descent), and
(ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the
purchaser or grantee does so occupy the Property but his or her credit has not been approved in
accordance with the requirements of the Secretary.
(c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but
Lender does not require such payments, Lender does not waive its rights with respect to subsequent events.
(d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit
Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not
paid. This Security Instrutent does not authorize acceleration or foreclosure if not permitted by regulations
of the Secretary.
(e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined
to be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender
may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A
written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof,
declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such
ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when .the
unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the
Secretary.
10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full
because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies
even after foreclosure proceedings are instituted. To reinstate the Security instrument, Borrower shall tender in a
lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of
Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses
properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and
the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full.
However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the
commencement of foreclosure proceedings within two years immediately preceding the commencement of a current
foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii)
reinstatement will adversely affect the priority of the lien created by this Security Instrument.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of 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 successor in
interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend
time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any
demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising
any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy.
12. Successors 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 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who
co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to
mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b)
is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any
other Borrower may agree to extend, modify. forbear or make any accommodations with regard to the terms of this
Security Instrument or the Note without that Borrower's consent.
®-4RtID) ~e~oa~
k~itlals:
Pape B of 8
13. 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 first class mail to Lender's address stated herein or any 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.
14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of
the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument
or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or
the Note which can be given effect without the conflicting provision. To this end the provisions of this Security
Instrument and the Note are declared to be severable.
15. Borrower's Copy. Borrower shalt be given one conformed copy of the Note and of this Security
Instrument.
16. 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 Substances affecting the Property is
necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 16, "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 16, "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:
17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues
of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs
each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to
Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and
receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of
rents constitutes an absolute assignment and not an assignment for additional security only.
If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as
trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be
entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents
due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant.
Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would
prevent Lender from exercising its rights under this paragraph 17.
Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice
of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach.
Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This
assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full.
~~-4Ri1D11e~o61 ~"~~~'~s~
Pape 8 018
18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may
invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect
all expenses incurred in pursuing the remedies provided in this paragraph 18, 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 o[ 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.
If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires
immediate payment In full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale
provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3'75l et seq.) by requesting
a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as
provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise
available to a Lender under this Paragraph 18 or applicable law.
19. Reconveyance. Upon payment of all sums secured by this Security Instrunx;nt, Lender shall request Trustee
to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this
Security Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge to the
person or persons legally entitled to it. Such person or persons shall pay any recordation costs.
20. Substitute Trustee. Lender may, for any reason or cause, from time to time remove Trustee and appoint a
successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall
succeed to all the title, power and duties conferred upon Trustee herein and by applicable law.
21. Area and Location of Property. Either the Property is not more than forty acres in area or the Property is
located within an incorporated city or village.
22. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together
with this Security Instrument, the covenants 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
In~nent. [Check applicable box(es)].
L-J Condominium Rider 0 Growing Equity Rider 0 Other [specify]
® Planned Unit Development Rider 0 Graduated Payment Rider
-4RpD) ~s~os~
Irdtieb•
Pape 7 018
BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in
any rider(s) executed by Borrower and recorded with it.
Witnesses:
(Seal)
-Borrower
(Seal)
-Borrower
.(Seal)
•Borrower
STATE OF IDAHO,
On this 15TH day of SEPTEMSB
appeared t3R80 R. W83TOVBR AND ICSLLI A.
_ (Seat)
-Borrower
-(Seal)
-Borrower
- (~~)
-Borrower
County ss: ~ ~ i , ~~/
R 1997 , before m , n r~
a Notary Public in and for said county and te, personally
W83TOVSR, WIFE AND HUSBAND
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 hereunto set my hand and affi y official seal the day and year in this cejtificate
first above written.
Notary Pu is s' t: ~ O ; ~ i T
I ~
Cony ~ ~~ ~' -~ 3~- y Y
®-4RlID) t9~oat
rao.sae
(Seal)
CiR WSSTOVSR -Borrower
(Seal)
KBLLI A. WSSTOVBR -Borrower
F~
6481449 FHAP-3203-1
PLANNED t~NIT DEVELOPMENT RIDER
FHA Case No.
121-1616618 703 /203B
THIS PLANNED UNIT DEVELOPMENT RIDER is made this 15Tx day of
SSPTEMSSR ,1997 and is incorporated into and shall be
deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed ("Security Instrument") of
the same date given by the undersigned ("Borrower") to secure Borrower's Note ("Note") to
NORWt33T )IIORTGAGS, INC.
("Lender") of the same date and covering the Property described in the Security Instrument and located at:
2886 N. MUL$ D$BR WAY, D18RIDIAN, ID 83642
[Property Address]
The Property Address is a part of a planned unit development ("PUD") known as
FINCH CREEK HOMEOWNERS ASSOCIATION, INC.
[Name of Planned Unit Development]
PUD COVENANTS. In addition to the covenants and agreements made in the Security Instrument,
Borrower and Lender further covenant and agree as follows:
A. So long as the Owners Association (or equivalent entity holding title to common areas and
facilities), actjng as trustee for the homeowners, maintains, with a generally accepted
insurance carrier, a "master" or "blanket" policy insuring the Property located in the PUD,
including all improvements now existing or hereafter erected on the mortgaged premises,
and such policy is satisfactory to Lender and provides insurance coverage in the amounts,
for the periods, and against the hazards Lender requires, including fire and other hazards
included within the term "extended coverage," and loss by flood, to the extent required by
the Secretary, then: (i) Lender waives the provision in Paragraph 2 of this Security
Instrument for the monthly payment to Lender of one-twelfth of the yearly premium
installments for hazard insurance on the Property, and (ii) Borrower's obligation under
Paragraph 4 of this Security Instrument to maintain hazard insurance coverage on the
Property is deemed satisfied to the extent that the required coverage is provided by the
Owners Associatjon policy. Borrower shall give Lender prompt notice of any lapse in
required hazard insurance coverage and of any loss occurring from a hazard. In the event
FHA MultLstate PUD Rider - 10/95
®~689U (9705)
Page 1 of 2 Initials: I I~~I~III II IIIIII IIIIU I
VMP MORTGAGE FORMS - (800!5 1-7291 I) ~~I~III~~I
of a distribuCion of hazard insurance proceeds in lieu of restoration or repair following a
loss to the Property or to common azeas and facilities of the PUD, any proceeds payable to
Borrower are hereby assigned and shall be paid to Lender for application to the sums
secured by this Security Instrument, with any excess paid to the entity legally entitled
thereto.
B. Borrower promises to pay all dues and assessments imposed pursuant to the legal
instruments creating and governing the PUD.
C. If Borrower does not pay PUD dues and assessments when due, then Lender may pay
them. Any amounts disbursed by Lender under this paragraph C shall become additional
debt of Borrower secured by the 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.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this
PUD Rider.
- (Seal)
-Borrower
-(Seal)
-Borrower
. (Seal)
-Borrower
(Seal)
-Borrower
t
(Seal)
G R . WE3TOV8R -Borrower
(Seal)
KBLLI A. W83TOV8R -Borrower
(Seal)
-Borrower
- (Seat)
-Borrower
®689U (9705) Page 2 of 2
~a
r
KELLI WESTOVER - 2886 N. MULE DEER WAY
ABUTTING PROPERTY OWNER LIST
,,STEWART WANDA L
HC 33 BOX 1105
BOISE ID 83706-9702
E USTICK RD
MARKHAM RON A & MICHELE L
2898 N MULE DEER WAY
MERIDIAN ID .83642
WESTOVER G R & KELLI A
2886 N DEER WAY
M IAN ID 83642
BAUM STEPHANIE L
2905 N MULE DEER WAY
MERIDIAN ID 83642
WITTY RICH AND
BENART JEANNE
2874 N MULE DEER WAY
MERIDIAN ID 83642
~'WIARS MARK D & CAROLYN J
860 E FINCH CR
MERIDIAN ID 83642
VAN KINGSTON WILLIAM
2861 N MULE DEER
MERIDIAN ID 83642
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