HomeMy WebLinkAboutMcSherry, Nicole AUP 09-014J-.
~~E IDIAN~~
Planning Department
ADMINISTRATIVE REVIEW APPLICATION
Type of Review Requested (check all that apply)
ccessory Use
LJ Alternative Compliance
^ Certificate of Zoning Compliance
^ Certificate of Zoning Compliance Verification
^ Conditional Use Permit Minor Modification
^ Design Review
^ Private Street
^ Property Boundary Adjustment
^ Time Extension (Director)
^ Vacation
^ Other
Information
`STAFF USE ONLY:
File number(s): ~ ~ ~- 6
Project name: ~
Date filed: ~~ /S ~ Date com~p]~te: ~ ~
Assigned Planner: (/i
Related files:
Applicant name: ' ~'
~•,..
Applicant address: ? ~ 1 ~~~, 'li: (.
Applicant's interest in property: Own ^ Reri ^ Optioned ^ Other
Owner name:
,-, .
Phone: / l 'Q, ' ~"~ ~ ~:'L
> ~~
Zip: ~~~~
Owner address:
Agent name (e.g., architect, engineer, developer, representative):
Firm name:
Address:
Phone:
Zip:
Primary contact is: ^ Applicant ^ Owner ^ Agent ^ Other
Contact name:
E-mail:
Phone:
Zip:
Phone:
Fax:
Subject Property Informsa~tion
Location street address: Y~'~ ~ ~i . ~~YIYt ~'~{;~a ~'1 ~~0 a/~ir`~ 10.1 r'1 ~O~t~ L i-+ ~~,i-~'~-t1;a
Assessor's parcel number(s): ~~ ~L ~ ~ `~ d l.% r~
Township, range, section: ,~~ "~~t"'~-
Current land use: -JLt~
Total acreage: ~ ~ ~~~
Current zoning district: F~ '
33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
1 (Rev. 11/4/08)
Secondary:
Project Description
Project/subdivision name:
General description of proposed project/request:
Proposed zoning district(s): _
Acres of each zone proposed:
Type of use proposed (check all that apply):
^ Residential ^ Commercial ^ Office ^ Industrial ^ Other
Amenities provided with this development (if applicable):
Who will own & maintain the pressurized imgation system in this development?
Which irrigation district does this property lie within?
Primary irrigation source:
Square footage of landscaped azeas to be irrigated (if primary or secondary point of connection is city water):
Residential Project Summary (if applicable)
Number of residential units:
Number of common and/or other lots:
Number of building lots:
Proposed number of dwelling units (for multi-family developments only):
1 Bedroom:
Minimum square footage of structure(s) (excl. garage):
Minimum property size (s.f):
Gross density (DU/acre-total land):
Percentage of open space provided:
Proposed building height: _
Average property size (s.f.):
Net deriSlty (DU/acre-excluding roads & alleys):
Acreage of open space:
Percentage of useable open space: (See Chapter 3, Article G, for qualified open space)
Type of open space provided in acres (i.e., landscaping, public, common, etc):
Type of dwelling(s) proposed: ^Sfngle-family ^ Townhomes ^ Duplexes ^Multf-family
Non-residential Project Summary (if applicable)
Number of building lots: p Other lots:
Gross floor area proposed: 1 ~ 6 d Existing (if applicable):
Hours of operation (days and hoursl: ~ Building height:
Percentage of site/project devoted to the following:
Landscaping:
Building:
Paving:
Total number of employees:. Maximum number of employees at any one time:
Number and ages of students/children (if applicable): ~ OY i~~ Seating capacity:
Total number of parking spaces provided: ~ Number of compact spaces provided:
Authorization
Print applican name: ~ ~ ~
Applicant si ature: Date: ~~~4 ~ "
3 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (20 4-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
2
2 or more Bedrooms:
/'~
~E IDIAN*--
IDAHO
December 22, 2009
MayorTammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
RE: Notice of approval for the operation of a Family Daycare for six or fewer children located
at 2121 N. Leann Way.
The Meridian Planning Department has reviewed an application to operate an in-home family
day care located at 2121 N. LeAnn Way. Based on the review and inspection conducted
December 18, 2009, we find that the application complies with the Unified Development Code
(UDC) Title 11, Chapter 4, Section 3-9. UDC 11-4-3-9 is available for review at:
http://www.sterling.webiness.com/codebook/index ~h Abp ook-id=306.
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 within fifteen days .after the written decision
is issued. All requests shall be filed in writing with the Planning Department no later than
January 6, 2010 and shall comply with the provisions of UDC 11-SA-6B. The application for
City Council Review is available on our website at www.merdiancity.org, or upon request from
this office. For additional information about this decision or about your right to appeal, please
contact this office at 884-5533.
Sincerely,
4
~J
Kristy Vigil for
Anna Borchers Canning, AICP
Planning Director
Enc.
/'~
Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642
Phone 208-884-5533 . Fax 208-888-6854. www.meridiancity.org
/'1
~~E IDIAN~--
IDAHO
December 22, 2009
Nicole McSherry
2121 N. LeAnn Way
Meridian, Idaho 83646
RE: Accessory Use Permit application (AUP-09-014).
Dear Ms.1VIcSherry:
MayorTammy de Weerd
City Council Members:
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
This letter is to confirm 'the. approval to operate a family day care facility .for six or fewer
children out of your home located at 2121 N. Leann Way. Approval of the subject application
shall be conditioned upon ongoing compliance with the provisions of the Unified Development
Code, including, but not limited to, the following standards:
1. The .applicant is limited to six children at the facility, excluding the. applicant's own
children. In determining the type of daycare facility, the total number of~ clients cared for
during the day, and not the number of clients at the. facility at one time; is the determining
factor:
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. Hours of operation shall be between 6:00 a.m. to 11:00 p.m. Outdoor play areas -shall not
be used after dusk.
4. 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.
5. 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.
n
Planning Department . 33 E. Broadway, Suite 210, Meridian, ID 83642
Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org
McSherry, Nicole
Page 2
6. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within
any required yard.
7. Outdoor play areas in residential districts adjacent to an existing residence shall not be used
after dusk.
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 within fifteen days after the written decision
is issued. All requests shall be filed in writing with the Planning Department no later than
January 6, 2010 and shall comply with the provisions of UDC 11-SA-6B. The application for
City Council Review is available on our website at www.merdiancit ~~org, or upon request from
this office. For additional information about this decision or about your right to appeal, please
contact this office at 884-5533.
Sincerely,
(~.
Kri ty Vigil for
Anna Borchers Canning, AICP
Planning Director
CITY OF MERIDIAN PLANNING DEPARTMENT ACCESSORY USE STAFF REPORT
DATE: December 22, 2009
TO: Anna Canning, Planning Director
FROM: Kristy Vigil, Assistant City Planner
CC: Nicole McSherry
Party of Record
E IDIAN*:---
fDAHO
SUBJECT: AUP-09-014
Family Day Care Facility for six or Fewer Children
STAFF RECOMMENDATION
Staff recommends approval of the accessory use permit for a family day care facility for six or fewer
children located at 2121 N. LeAnn Way for Nicole McSherry, subject to the conditions outlined below:
APPLICATION. SUMMARY
The applicant, Nicole McSherry, has requested approval to operate a family day care facility for six or
fewer children out of her home located at 2121 N. LeAnn Way, Meridian, Idaho.
LOCATION
The property is located at 2121 N. LeAnn Way, in the SW'/a of T. 3N., R. 1W., Section 2.
APPLICABLE CODE
The property is zoned R 4, which allows for a family day care facility with written approval from the
Planning Director.
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 clients cared for during the day
and not the number of clients at the facility at one time, is the determining factor. In the case of
a child day care, 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. 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.
5. 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.
AUP-09-014 McSheny, Nicole PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT ACCESSORY USE STAFF REPORT
6. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any
required yard.
7. Outdoor play areas in residential districts adjacent to an existing residence shall not be used
after dusk.
8. 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.
9. Off-street parking shall be provided as set forth in Section 11-3C-6 of this Title, in addition to
the required off-street parking for the dwelling.
AUP-09-014 McSheny, Nicole PAGE 2
~'1
City Of Meridian
33 E. Broadway Ave. Ste. 210
Meridian ID. 83642
208-884-5533
Day Care Request Narrative
To Whom It May Concern:
I, Nicole E. McSherry, am requesting permission to use my home as an in-home day care
facility. I intend to provide care for up to 6 children on my property. My home is
approximately 1000 square feet and located on approx. 1/3 of an acre. My back yard is
fully enclosed with a 6foot flush wood fence. My front yard is not enclosed. Please see
scaled site plan.
Nicole McSherry
208-409-9601
colej ohnson44(c~hotmail. com
2121 N LeAnn Way
Meridian ID 83646
n n
STANDARDS FOR DAY CARE FACILITIES
STATEMENT OF COMPLIANCE
UDC 11-4-3.9: Day Caze Facility
A. General standazds for all child day care and adult care uses, including the classifications of day care center;
day care, family; and day caze, group:
1. In determining the type of day Gaze facility, the total number of children Gazed 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, pazking and turnaround areas shall be provided to ensure safe dischazge 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. 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 standazd may be modified through approval of a Conditional Use Permit.
B. Additional standazds for day care facilities that serve children:
1. All outdoor play azeas 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 azeas in residential districts adjacent to an existing residence shall not be used after dusk.
C. Additional standards for family daycaze facilities conducted as home occupations:
1. In no way shall the family daycaze cause the premises to differ from its residential chazacter in
appearance, lighting, signs, or in the emission of noise, fumes, odor, vibrations, or electrical interference.
2. Off street pazking shall be provided as set forth in section 11-3C-6 of this title, in addition to the required
off street pazking for the dwelling.
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 I cannot meet these standards, I am not allowed this accessory
use. ~ ~
Applicant's Si~nature: --1~~ Date:
/'''1 /1
Notice of IN-HOME Childcare Beginning January 1st 2010
NAME ADDRESS
z/~/ Lei nn
~ye~
~v~ ~
~- c ,A ~
V ~ N1M i P /"l r l
%~eri /~
~ < ( ~'~~~
~~~
- ._----
By signing I agree that I have been notified of the proposed
Day Care at 2121 N Leann Way.
FILENAME Page Text2 Text3
BALDWIN ROBERT E & BALDWIN PAMELA 2088 N LEANN WAY
BECKER SANDRA D & RENINGER TERRY R 2111 N LEANN WAY
BROWNE LANE A & BROWNE THERESA M 2180 N MAXIE PL
JOHNSON NICHOLE E 2121 N LEANN WA
Y~,V~'
KERN PATSY A `
2151 N MAXIE PL t ; X
MARTINEAU RICHARD D &MARTINEAU LLVL~'~"
CONNIE R 2187 N LEANN WAY
MILLER JIMMIE R 2144 N LEANN WAY ~/'
ROSE SHERRYL K 2153 N LEANN WAY ~~~^-M-"(-
SCHINDEL MICHAEL J &SCHINDEL LESIA L2152 N MAXIE PL
ZACHARY LIVING TRUST 2156 N LEANN WAY f
_-
2
N
N
X11= ~ t~X = Z Fcer
R~°~~
mgm ~;
~
Z m
dma~
-
.
m ~gn
~Fa.7m
a~.~ d ~' $mm ~.
mms~
C)m ~$3o aAm m
o_ m g 3
.2 m~-. v° = o y~
n$o 0
°Hm8
d mama
Na~
m ~;~~
"
~.d
3~~'c s
-
3.m2o
~~o~ mn~~
m''Ai ~. o o gmg
m m
_
~Q
`&
Zv
v
0
W
J
O
0
V
O
A
C1
7
I
AA
A
N
` J
m o
^n
N '~'
~ ^~-t
t~D ~
w
/`~
1'~
N
N
Z
D
~S
/~
E IDIAN--
Planning Department
ACCESSORY USE ~ Application Checklist
Project name: File'#~
ApplicanUagent:
All applications are required to contain one copy of the following:
~P ' ,
h~.ant
~)
Description
~.
'' Sw.ff .
,~
Com leted & si ned Administrative Review A lication
Nazrative full describin the ro osed r uest
Recorded warrant deed for the subject ro e
~ r ~
t Affidavit of Legal Interest signed & notazized by the property owner (lf owner is a cocporaaon,
submit a of the Articles of Into lion or other evidence to show that the n si is an authorized a ent.) / ~
/t/
Neighborhood meeting sign-lri sheet (Applicants are required to hold a neighborhood meeting to provide
an o ortunit for ublic review of the ro osed ro'ect rior to the submittal of an a lication.)
Scaled vicinity map showing the location of the subject property (can be obtained from the
Plannin De artment)
/ Scaled or dimensioned site plan showing the boundaries of the property, floor plan of
house, azea intended for accessor use, and azkin and azd azeas.
Fee
Add' .~bal R ..-.
wrenaebt8,:for Da Cdre:A lications '- 's,~
Include the following additional information in the narrative:
- The total number of children ro osed to be Gazed for durin the da
Include fencin details on the site lan (location, t e of fence)
Standazds for Da Caze Facilities, Statement of Com liance form si ned b a licant
'
~~ r, ;~t ~ ~:dditi~nal'!R tiireruents .for Hortie C)cch ation A lications
x
Standazds for Home Occu ations, Statement of Com liance form si ned b a licant
APPLICATION WILL NOT BE ACCEPTED UNLESS ALL ITEMS ON THE CHECKLIST ARE SUBMITTED.
~~~
33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
(Rev. 2/25/09)
/\ /'y
RADIUS NOTICE REPORT FILE NAME: 2121
18-Dec-200>
Owners Owner Address
BALDWIN ROBERT E 2088 N LEANN WAY
BALDWIN PAMELA MERIDIAN. ID 83646-1207
Property Address: 2121
BECKER SANDRA D 2111 N LEANN WAY
RENINGER TERRY R MERIDIAN. ID 83646-1227
Property Address: 2121
BROWNS LANE A 2180 N MARIE PL
BROWNS THERESA M MERIDIAN. ID 83646-1271
Property Address: 2121
JOHNSON NICHOLE E 2121 N LEANN WAY
MERIDIAN. ID 83646-0000
Property Address: 2121
KERN PATSY A 21 ~ 1 N MAXIS PL
MERIDIAN. ID 83646-1272
Property Address: 2121
MARTINEAU RICHARD D 2187 N LEANN WAY
MARTINEAU CONNIE R MERIDIAN. ID 83646-1227
Property Address: 2121
MILLER JIMMIE R 2144 N LEANN WAY
MERIDIAN. ID 83646-1226
Property Address: 2121
ROSE SHERRYL K 2153 N LEANN WAY
MERIDIAN. ID 83 646-1227
Property Address: 2121
SCHINDEL MICHAEL J 2152 N MARIE PL
SCHINDEL LESIA L MERIDIAN. ID 83646-1271
Property Address: 2121
1
Owners
/'~
Owner Address
ZACHARY LIVING TRUST 216 N LEANN WAY
MERIDIAN.ID 83646-1226
Property Address: 2121
. , : ~y .;,mss
~f ~
M
z
o o
L
s
~a ~
~ m
Q ~
=0 f9
~
H N
~ aD
a00o
W ~ ~
Qo
A N
m
0
m
u.i
M
.~-~.~
~'~ ~ ~~L
ti ~~
~ ~G
O~ ~ti~>~ ~'~'~u ~~`.
~"~+ - .
~y s~
V
9
a.. ~ ~ -- - - - - - -- - - - - - -- -~
\' '
~. J
a ~ O
q. Q U a
C
Q
~' 2
f- d.
Q
C Z x JQ O
~ W ~ o z
N ~
'~ ~
-°
a ~ s
LL
Y ...
w
U
~ ~ ~
W ~ Q
W
~
M
~ F
U
~O ~ ~
z
0
w Z_
Z ~ Z
J ~
'
y
~ ~
~.t
cn
w m
>
m
1 o ¢m'
o F-
z
o w
~
~ ~ ¢ d'
~
~
N . ~ M
f/J sue, w
= ~
v ~ ~ O '~
n
Q ~
Q s
~~i1~'~E IDIAN~--
IDAHO
33 E. Broadway Ave. • Meridian, Idaho 83642
208/888-4433
o.-__ ~ ~-
Kyt
?9~- ~jj
"
.s
F~~ ~ ~ ~ ~ .
y
~ I
O
,
,
yyO
~
n J• ~ ~ .
i~
,
Q W
,
.~ ,
rm
..I J °
~
a ~` -
.;"~~i~~ ~~~i ~ ~ ~ i ~ it i ~ i "iiin;r
~--
~ ,
4
{
l ci$ ~'
~
t _ "~i,~
ri~ '1~.
,a.~oy~~~'~ ;
~
~~
565 j6ZS
N'
1`I. ` 5
~idU ~~~1J~~, '~.
Date /~ sJ
Applicant / ~ ~/~/ ,
Address ~ - !~ ~~~~
~/ ~ ~ Phone ~ / i.L!'J
HECK #~~ NAME ON CHECK IF DIFFERENT THAN APPLICANT
• ~ ~ • ~ ~
I
I
I
~l
'~~
I
I
TAX ~
TOTAL h
i D(J
P
YMENT DOES NOT INDICAT
E
CCEPTANCE OF APPLICAT
ON
A
A
~~
]]
~~
3 7 6 Received ~I~ LG,-~ I
~,,..:7 //~1
55747 - ~i~~Ll~~!
~~
After Recording Return To:
EVERGREEN MONEYSOURCE MORTGAGE COMPANY
10900 NE 4TH STREET #1400
BELLEVUE, WASHINGTON 98499
Loan Number: 094189BSE
[Space Above This Line For Recording Data1
DEED OF TR-UST FHA CASE N0.
121-2644559-703
THIS DEED OF TRUST ("Security Instrument") is made on MAY 14 , 2 0 0 9
The grantor is NICOLE JOHNSON, AN UNMARRIED WOMAN
("Borrower"). The trustee is
ALLIANCE TITLE, 380 E PARKCENTER BLVD SUITE 110, BOISE, IDAHO
8 3 7 0 6 ("Trustee"). The beneficiary is
EVERGREEN MONEYSOURCE MORTGAGE COMPANY, A WASHINGTON CORPORATION
which is organized and existing under the laws of WASHINGTON ,and whose address is
10900 NE 4TH STREET #1400, BELLEWE, WASHINGTON 98499
("Lender"). Borrower owes Lender the principal sum of
ONE HUNDRED NINE THOUSAND NINE HUNDRED SEVENTY-ONE AND 00/100
Dollazs (U. S. $ 10 9 , 9 71.0 0 ). This debt is evidenced by Borrower's note dated the same date as this
Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid eazlier, due and
payable on ,TUNE 1, 2 0 3 9 .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 pazagraph 7 to protect the security of this Security
Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the
Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the
following described property located in ADA County, Idaho:
LOT 12 IN BLOCK 9 OF SUNNYBROOK FARMS SUBDIVISION NO. 3,
ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 52 OF
PLATS AT PAGE(S) 4469 AND 4470, OFFICIAL RECORDS OF ADA COUNTY,
IDAHO.
LOT 12 IN BLOCK 9 OF SUNNYBROOK FARMS SUBDIVISION N0. 3
A.P.N.: 88221520220
IDAHO FHA DEED OF TRUST DocMagic soo-sas-rssz
IDDOT.FHA 1 1 /01 /08 Page 1 of 8
www.docmagiacom
/`\ /'\
which has the address of 2121 N LEANN WAY
[Street]
MERIDIAN ,Idaho 83646 ("Property Address"):
[City) [Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shat) also be
covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to
grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower
warrants and will defend generally the title to the Property against all claims and demands, subject to any
encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest and Late Charge. Borrower steal) pay when due the principal of, and
interest on, the debt evidenced by the Note and late chazges 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 chazges, 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 yeaz 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 chazge 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
aze 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 escrow account under the Real Estate Settlement Procedures
.Act of 1974, 12 U.S.C. §2601 et sea. and implementing regulations, 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 aze available in the account may not be based on amounts due for
the mortgage insurance premium.
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 are 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 shall be
credited with any balance remaining for all installments for items (a), (b), and (c).
3. Application of Payments. All payments under paragraphs 1 and 2 steal) be applied by Lender as follows:
FIRST, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly chazge 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 chazges due under the Note.
IDAHO FHA DEED OF TRUST DOCMa91C~RpU$ 800-649-]362
IDDOT.FHA 11/01/08 Page 2 of 8 www.docmagic.com
maoc.n,~.~t
/"~ /'~
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 carried 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 hazdship for Borrower, or unless extenuating
circumstances exist which are 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 weaz 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 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
pazagraph 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 chazges, 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
IDAHO FHA DEED OF TRUST
IDDOT.FHA 11 /01 /OS Page 3 of 8 DOCMH9lC B00-649-1362
www. docmagic. com
aaoc.na.~
/'~ /'\
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, hazazd insurance and other items mentioned in pazagraph 2.
Any amounts disbursed by Lender under this pazagraph 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 chazges 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 inu~nediate payment in full of all sums secured by this Security Instrument if:
(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 Instrument 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 aze not
determined to be eligible for insurance under the National Housing Act within 6 0 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
6 0 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 aze 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 yeazs immediately preceding the commencement of a current
iur+nv rnH uttU Vh I FtUS I
IDDOT.FHA 11 /01 /08
Page 4 of 8
DOCMey1C ~4DihS 800-649-1362
w1Nw.dacmagic.com
ddoLthS.unl
/'~, /"~
foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or mmi
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 successors in
interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend
time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any
demand made by the original Borrower or Borrower's successors in interest. Any forbeazance 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 pazagraph 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 regazd to the terms of this
Security Instrument or the Note without that Borrower's consent.
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 declazed to be severable.
15. Borrower's Copy. Borrower shall 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 Hazazdous 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 Hazazdous 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 Hazazdous Substances affecting the Property
is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.
As used in this pazagraph 16, "Hazardous Substances" aze those substances defined as toxic or hazazdous
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 pazagraph 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.
IDAHO FHA DEED OF TRUST
IDDOT.FHA 11 /01 /08 Page 5 of 8 DocMag/c ~R¢pp~ aoo•e.as•~sez
www.docmag/c.com
idaoc.tt~.~
~ /'~
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 pazagraph 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.
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 a 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. Trustee shall mail copies of
the notice as prescribed by applicable law to Borrower and to other persons prescribed by applicable law.
Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. After
the time required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public
auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one
or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the
Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee
may purchase the Property at any sale.
Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or
warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth
of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all
expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums
secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it.
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. 3751 et sep.) 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 Instrument, Lender shall request Trustee
to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this
Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally
entitled to it. Such person or persons shall pay any recordation costs. Lender may chazge such person or persons a
fee for reconveying the Property, but only if the fee is paid to a third party (such as Trustee) for services rendered
and charging of the fee is permitted under applicable law.
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. The Property is (a) located within an incorporated city or village; (b) not
more than 80 acres, regardless of its location, provided it is not principally used for the agricultural production of
crops, livestock, dairy or aquatic goods; or (c) not more than 40 acres, regazdless of its use or location.
wnnv rnr~ uCCU Vr II1VJf
IDDOT.FHA 1 1 /01 /08
Page 6 of 8
DocMagic soo-sas-~ss2
www.docmagic.com
idot.tha.unl
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
Instrument.
[Check applicable box(es)].
^ Condominium Rider ^ Graduated Payment Rider ^ Growing Equity Rider
^ Planned Unit Development Rider ^ Adjustable Rate Rider ^ Rehabilitation Loan Rider
^ Non-Owner Occupancy Rider ®Other [Specify] Tax Exempt Financing Ride r
Recapture Notice
UNDER IDAHO LAW, ANY PROMISE BY THE BANK TO GRANT OR EXTEND EXISTING CREDIT TO
YOU MUST BE IN WRITING TO BE LEGALLY BINDING UPON THE BANK IF THE ORIGINAL
AMOUNT OF SUCH CREDIT IS $50,000 OR MORE.
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.
(Seal)
mower
- (Seal)
-Borrower
Witness:
- (Seal)
-Borrower
Witness:
.- (Seal)
-Borrower
- (S~)
-Borrower
- (Seal)
-Borrower
IDAHO FHA DEED OF TRUST
IDDOT.FHA 11/01/08
Page 7 of 8
DOCM89lC 800-649-.1362
www. docmagic. com
ddot.fha.unl
State of Idaho
County of `~A
ss.
On this day of , in the year of =-~~--~d ,before me,
a Notary Public, personally appeared
NICOLE JOHNSON
-- ,
known or identified to me (or proved to me on the oath of )~
to be the person(s) whose varie(s) s are subscribed to the within instrument, and acknowledged to methat he/s1Tei'1<hey
'~,~~
executed the same.
~~ ~t~SC~R~~ ~~~
t
,•
.. .
r~ x
4 ~' r'i ,G
• ,~
v ~.-
O;
~~~N~ `
SSA TE ~F~~,.
IDAHO FHA DEED OF TRUST
IDDOT.FHA 11/01/08
[Space Below This Line For Acknowledgment]
__._' Notary Public
~ommsssiorl c:x~air~;s 9m~?~~~OC~~
6~o~idyng [r ~1oao, ~d~,ho
My commission expires on:
PBge 8 Of 8 DOCMagIC 800-649-1362
www,docmagic.com
Idda.tha,unl