HomeMy WebLinkAboutJohnston, Brandi AUP 09-003
Type of Review Requested (check all that apply)
Planning Department
ADMINISTRATIVE REVIEW APPLICATION
^ Accessory Use
^ Alternaiive Compliance STAFF USE ONLY: p
^ Certificate of Zoning Compliance File number(s)i.~-~~1 '~-~J~~~~~ ~"
^ Conditional Use Permit Minor Modification
^ Design Review --- _
^ Private Street ProJeet ^~al.:: 0 ~`l. '~, ~"~n~~l }
^ Property Boundary Adjustment
^ Short Plat Dale filed: ~~~~"Uatc complete.:. ~~~
^ Temporary Use Certificate of Zoning Compliance _lssigned flanncr: _ _~CZ~ _
^ Time Extension (Director)
^ Vacation Related Ciles: __ ______
^ Other
~`- __ J
Applicant Information
Applicant name: ne: ~ _ ~
Applicant addres
Applicant's interest in property: Own ^ Rent ^ Optioned ^ Other
Owner name:
Owner address:
Agent name (e.g., architect, engineer,. developer, representative):
Firm name:
Address:
Primary contact is: ^'Applicant ^ Owner ^ Agent ^ Other
Contact name:
E-mail: ~'10 `01'tl'`s_t(3T
Subject Property Information
Location/street address:
Assessor's parcel number(s): _
Township, ra}~ge, section: ~ ~ 11(~j 3 J!- Total acreage: o ~
Current land use: ~~~~~~ Current zoning district:
C~lfed z/2t 09 ~C~tu.ED 2~3~0~ ~- dS"- by~
INS~G'flbN Tt--IE~; ~p- ~ (o -boy
Phone:
Zip:
Phone:
Zip:
Phone:
Fax:
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)
~ ~
1
Project/subdivision name:
General description of proposed project/request: ~ ~~~~ ~ a{ ~ [~ 1~
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 irrigation system in this development?
Which irrigation district does this property lie within?
Primary irrigation source: Secondary:
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water):
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 developments only):
1 Bedroom: 2 or more Bedrooms:
Minimum square footage of structure(s) (excl. garage): Proposed building height: .
Minimum property size (s.f): Average property size (s.£):-
.Gross density (DU/acre-total land): Net density (DU/acre-excluding roads & alleys):
Percentage of open space provided: Acreage of open space:
Percentage of useable open space: (See Chapter 3, Article G, for qualified open. space)
~'ype of open space provided in acres (i.e., landscaping, public, common, etc):
.Type of dwelling(s) proposed: ^ Single-farm7y ^ Townhomes ^ Duplexes ^Muiti-family
Non-residential Project Summary (if applicable)
Number of building lots: Other lots:
Gross floor area proposed: 1 ~"~ D C3~U' ~ Existing (if applicable): ~.~d~
O Hours of operation (days and hours): l(' ~6 ~~- ( ~ 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): ~ Seating capacity:
Total number of parking spaces provided: ~ Number of c pact spaces provided:
Authorization
Print applicant name: ~~~(~ A„ iU'Y V F~S~,1~-.•
Applicant signature: Date: ( '~
3 E. B oad y Ave Suite 210 Meridian, Idaho 83642
Phone: ( 84-55 acsimile: (208) 888-6854 Website: www.meridiancity.org
2
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MayorTammy de Weerd
City Council Members:
E ~~~~~~~„_~ Keith Bird
)oe Borton
Charles Rountree
D A ~"~ ® David Zaremba
February 6, 2009
Brandi Johnston
2580 W. Tenuta Ct..
Meridian, Idaho 83646
RE: NOTICE OF PENDING DECISION: Accessory Use Permit Application (AUP-09-
003)
Dear Ms. Johnston:
This letter is to provide notice of pending approval of application no. AUP-09-003, for an
Accessory Use Permit to operate a family day care facility for six or fewer children at 2580 W.
Tenuta Ct.., as such use is allowed by the Meridian Unified Development Code and the specific
conditions set forth herein. Findings of Fact and Conclusions of Law supporting such approval
and conditions are set forth in the staff report, a copy of which is enclosed.
Please be aware that this .decision is not yet final. Parties of record, including property owners
within one hundred feet (100') of 2580 W. Tenuta Ct., have been notified of this pending
decision by letter sent U.S. Mail, a copy of which is enclosed. Parties of record are entitled to
submit a request for city council review of the approval of application no. AUP-09-003 within
the next fifteen (15) days. For this reason, the approval of application no. AUP-09-003 shall not
be final until February 20, 2009. If city council review is requested, the approval of application
no. AUP-09-003 shall be suspended pending city council review.
Approval of application no. AUP-09-003 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 (6) .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 appl7cant 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.
Planning Department . 33 E. Broadway, Meridian, ID 83642
Phone-208-884-5533 . Fax 208-888-6854. www.meridiancity.org
,/'\
[Recipient]
Page 2
~~
Failure to meet any of the above stated conditions shall be deemed a violation of the Unified
Development Code and shall be grounds for revocation of the Accessory Use Permit.
If no person files a request for city council review of this decision by February 20, 2009, the
approval of application no. AUP-09-003 as set forth herein shall be a final decision.
Sincerely,
~C ~~CUQcr
Sarah Wheeler for
Anna Borchers Canning, AICP
Encl.
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CITY OF MERIDIAN PLANNING. DEPARTMENT ACCESSORY USE STAFF REPORT
DATE: February 6, 2009
TO: Anna Canning, Planning Director
FROM: Sarah Wheeler, Assistant City Planner
CC: Brandi Johnston
E IDIAN~--
iRAHO
SUBJECT: AUP-09-003
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 2580 W. Tenuta Ct. for Brandi Johnston, subject to the conditions outlined below:
APPLICATION SUMMARY
The applicant, Brandi Johnston, has requested approval to operate a family day care facility for six or
fewer children out of her home located at 2580 W. Tenuta Ct., Meridian, Idaho.
LOCATTON
The properly is located at 2580 W. Tenuta Ct., in the SW '/4 of T. 4 N., R. 1 E., Section 35
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.
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-09-003 Brandi Johnston PAGE I
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-09-003 Brandi Johnston PAGE 2
~ ~
MayorTammy de Weerd
City Council Members:
E IDIAN Keith Bird
i'ce' Joe Borton
Charles Rountree
f ®Q H ® David Zaremba
February 6, 2009
RE: NOTICE OF PENDING DECISION: Accessory Use Permit application (AUP-09-003)
This letter is to provide notice that the Meridian Planning Department has provided to applicant, Brandi
Johnston, notice of pending approval of application no. AUP-09-003, an application for a permit to
operate a family day care for six or fewer children at 2580 W. Tenuta Ct..
Approval of application no. AUP-09-003 shall be conditioned upon the applicant's ongoing compliance
with the provisions of the Meridian Unified Development Code (UDC), including, but not limited to, the
following standards:
1. The applicant is limited to six (6) 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. 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.
You may request City Council review of this decision by filing a completed application for City Council
Review with the Planning Department no later than February 20, 2009. Both the application for City
Council Review and the UDC, including section 11-4-3-9, establishing standards for day care facilities,
are available for review at: http://www.meridiancity.or~/planning zonin index.asp or at the City of
Meridian Planning Department, 33 E. Broadway, Meridian, Idaho. For additional information, please
contact the Meridian Planning Department at (208) 884-5533.
Sincerely,
V ~~
Sarah Wheeler for
Anna Borchers Canning, AICP
Planning Director
Planning Department . 33 E. Broadway, Meridian, ID 83642
Phone 208-884-5533 . Fax 208-888-6854. www.meridiancity.org
/"~ ~''~
STANDARDS FOR DAY CARE FACILITIES
STATEMENT OF COMPLIANCE
UDC 11-4-3.9: Day Care Facility
A. General standazds for all child day care and adult care uses, including the classifications of day care center;
day caze, 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 turnazound azeas 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 standards for day care facilities that serve children:
1. 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 azeas 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 I cannot meet these standards, I am not allowed this accessory
use.
A licant's Si afore: Date: ~~ I
PP ~'-
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STANDARDS FOR HOME OCCUPATIONS
STATEMENT OF COMPLIANCE
UDC 11-4-3.21: Home Occupation: The following standards apply to all home occupation uses with the exception
that strict adherence to the standards contained in sections 11-4-3.21B, 11-4-3.21C, 11-4-3.21E, and 11-4-3.21F 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
(25%) 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.
J. 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: Date: ~ (1 'ZI~~
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~"~
January 13, 2009
I, Brandi Johnston, am seeking a permit from the Meridian Planning and Zoning office to have an in-home
daycaze with no more than 5 children in attendance. My home is located in Bridgetower subdivision at
2580 W Tenuta Ct.
Meridian, ID 83646
It is located at the end of a cul de sac and has a 3 caz wide driveway with a 4 caz capacity garage. There are
appropriate exits and the backyard is fully fenced with a vinyl 6 foot fence. There are continuous pedestrian
walkways. I have included copies of parts of my home appraisal to help define the details of the home
structure and the location. I believe they all will meet standards necessary to run a successful daycare.
Thank you,
~!
B di Johnst
288-1915
idahojohnston5@msn.com
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Foyer 4 car garage
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30.0' edroom Bedroom
Bedroom
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14.0'
SKETCH CALCULATIOMS
Living Area
First Floor
Second Floor
Garage Area
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Meeting Attendance
January 20, 2009 7pm
Please sign in with name and phone number:
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AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
COUNTY OF ADA )
{name) (address)
~P~ ~ ~~- tC~~~n
(city) (state)
being first duly sworn upon, oath, depose and say:
1. That I am the record owner of the property described on the attached, and I grant my
permission to:
(name) (address)
to submit the accompanying application(s) pertaining to that property.
2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless
from any claim or liability resulting from any dispute as to the statements contained
herein or as to the ownership of the properly which is the subject of the application.
3. I hereby grant permission to City of Meridian staff to enter the subject property for the
purpose of site inspections related to processing said application(s).
Dated this I~~day of , 20 ~~T
:'
ignature)
SUBSCRIBED AND SWORN to before me the day and year first above written.
(Notary Public for Idaho)
Residing
My Commission Expires:
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.. .^~' _s.:.aa ~ yes ~~ of tlse sub~ect ro
~~~ State ID ZinCode83646
j~ ~~ boa ['ounty Ada
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~ jC1O"r3S U3517 Taz Yeaz 2006 R.E. Taxes S 2,692.50
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JPM Chase Bank NA d Columbus OH Columbus OH 43240-2050
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f did not analyze the contract for sale for the subject purchase transaction. Explain the results of the analysis of the contract for sale or why the analysis was not
- This is not a purchase transaction --
t s t t r~ to ur
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X r R r l Poe nc 'n X to 1 PRI - 95 °
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X X - 350 1 0 °
Beacon li ht Rd to the North Broadwa to the East I-84 to the South and Middleton 450 10 0 °
W 4 5 0 °
jprhood Descrintjon Meridian is located appromiarnently 10 miles West of Boise the state capital of Idaho and the primary employers are Hewlett
Micron Manufacturing and the State Government
3iartretYGonditionc (includine c~onort for the above concl~cioncl A trend analysis reflects the subiect market as presently having above avera>ie
fret conditions ComTarabl c t e~ ~ A^* Pnough so that no adincrmrn+~ ;~ ~~n~i~tered necectaty
- - ^-- 322 Acres +/- Arra 322 Acres +/- Rh~e Irregular view Mountains
Residential- 4 Residential-4
X nfo in ra d t o Z in l a e
i i cati e t u ~ X cri
X Under ound X Ci As halt X
X Natural X Ci None
X X 0143H 02/19/2003
' 't' v nt t m ? X c
it t c t h t o r t on 'f n l n etc ~ es X I e cri
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~{ X Concrete / ood Hardwood/ca et/ ood
2 sto t Hardboard / ood Sheet rock/ d
X tt - t t r None ft a Com osition / ood Wd /Painted/ d
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2 sto Thermo ane / ood Tile / ood
2004 _ Yes/ ood
y 3 Yes ! X 2
Concrete
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Brushed bronze a lumbin~ ix~-rte c ~:a~ - ~ ~
a~sirt~ roam, over head fansstainless steel appliances. vinyl fencing and underground ~`.~e.
n.~...7,..sL. ..o,i:r: fr ,,...r..r' t .tin neededrenairs deterioration renoiations rcmodcline e~- TIC S ~O[~`3
. -.
,.~.:~ ctr ~adewacies Hated. Physical red: _is hmrted to norma; » ~~ ». ' .
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St,jBJECT PHOTOGRAPH ADDENDUM 16343274
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Propem• Address _ SL t~~ . ea~a C: State ID Zip Code t33646
' City yieridian County Ada
LendeuClient JP~forsan Chace Bank NA
FRONT OF
SUBJECT PROPERTY
REAR OF
SUBJECT PROPERTY
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E IDIAN~--
IDANO
~~~ ~ ~ ~~~`' Planning Department
Clt USE ~ Application Checklist
3'lanni ment
Pro'ect name: File #: V p' ~°~ - (~
A licant/a ent:
All applications are required to contain one copy of the following:
Ap (~j ant Description St~a)ff
Com leted & si ned Administrative Review A lication
Narrative full describin the ro sed uest
Recorded warrant deed for the subject roe GY
e~a~.,;+ „f r PR,t r„+oYa~+ signed & notarized by the property owner (If owner is a corporation,
submit a of the Articles of '~ or other evidence to show that the si is an authorized a nt.)
Scaled vicinity map showing the location of the subject property (can be obtained from the
Plannin De ent) 1~
Scaled or dimensioned site plan showing the boundaries of the property, floor plan of
house, area intended for accesso use, and azkin and azd areas. ,,,~/
tN
Fee
Additional R uirements for Da Caze A lications
Include the following additional information in the narrative:
- The total number of children ro sed to be cared for durin the da /
Include fencin details on the site lan (location, t e of fence) /
Standards for Da Care Facilities, Statement of Com fiance form si ned b a licant
Neighborhood meeting sign-iri sheet (Applicants are required to hold a neighborhood meeting to provide
an rtunit for ublic review of the ro osed ro'ect riot to the submittal of an a lication.) ,.~
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Additional R uirements for Home Occu ation A lications
APPLICATION WILL NOT BE ACCEPTED UNLESS ALL ITEMS ON THE CHECKLIST ARE SUBMITTED.
~ ~ ~"~ ~~~
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33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
(Rev. / l/4/08)
AFCER RECORDING RETURN TO:
MARK & BRANDI ]OHNSTON
2580 WEST TENUTA COURT
MERIDIAN, IDAHO 83642
RESIDENCE QUITCLAIM DEED
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~ _, _
ADA COUA.: RECORDER J. DAVID NAVARRO AINOUNT 6.00 2
BOISE IDAH010/15104 08:38 AM
DEPUTY Vicki Allen { i
RECORDED-REOUESTOF IIf IIIIIIIIIUIIIIIIfIII~~I~'ll ~l~~+I
BRANDI JOHNSTON 164131 r 56
GRANTOR:
MARK C. JOHNSI'ON and BRANDI D. JOHNSTON, husband an~ wife.
GRANTEE:
MARK C. JOHNSTON AND BRANDI D. JO:-iNSTON AS CO-TRUSTEES O[ TIC MARK & BRANDI
JOHNS"TON TRUST UNDER TRUST AGREEMENT DATED OCTOBER 6, 2004 AND THEIIt SUBSTf1U1'ES AND
SUCCESSORS AS TRUSTEES THEREUNDER.
GRANTEE ADDRESS:
2580 WEST TENUTA COURT, MERIDIAN, IDAHO 83642
DESCRIPTION OF REAL PROPERTY CONVEYED BY Tl`IS llEED:
Situated in the County of ADA, State of IDAHO
The real estate more particularly described upon Exhibit "A" attached hereto and by this reference
incorporated herein. and made a part hereof.
Subject to any encumbrances thereon.
FOR VALUE RECEIVED, the above name Grantor does hereby convey, release, remise, and forever
QUITCLAIM unto the above named ~.nat-tce, the real property above described together with the
appurtenances.
This deed is given for estate planning purposes to vest title to the property in a living trust established by Grantor,
under the provisions of which Grantor has the right to use and occupy the above described real estate for Grantors personal
residence during the remainder of Grantors lifetime. There is no value consideration in cash or property.
Dated: OCTOBER 6, 2004
H
MARK C. JO STON
D. O
STATE OF IDAHO )
ss
COUNTY OF CANYON }
On this date of OCTOBER 6, 2004 before me, a 1`fotary Public in and for said State, personally appeared MARK C.
JOHNSTON AND BRANDI D. JOHNSTON, known or identified to me to be the ns whose names are subscribed to the
within instrument and acknowledged to me that they executed the same.
C
••+++ ~G NS •K ~ i~~ ~~i~ Notary Public fot State o AHO
~.• Q~•.• •. •P ~L~ Residing at: CALUWELL, IDAHO
~;• ~pq'gR r~G ~ Comm. Expires: DECEMBER 5, 2009
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EX~IIBIT "A"
LOT 62 IN BLOCKS OF BRIDGETOWER CROSSING SUBDIVISON N0. 3, ACCORDING TO
THE OFFICIAL PLAT THEREOF, FILED IN BOOK 87 OF PLATS AT PAGE(S) 9916
THROUGH 9918, OFFICIAL RECORDS OF ADA COUNTY, IDAHO.
ParcelIDNumber: 81079870350 which currently has the address of
2580 W TENUTA CT, MERIDIAN ,
(SmxuGytyJ
Idaho 83692-3272 ("Property Address"):
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' ADA COUNTY RECOADHI J. DAVID NAVAflRO 1
8018E IDAHO 08f18A4 11:41 AM
DEPUTY 6onnle Oberbill~
AE1~IDeD-aEal~sroF 11111111111NIIININIIIINIII~lllllll
Title One
AMOUNT 3.00 104106205
www.titleonecorp.com
Order No.: A0426429 (~ ~ ~ t-~-
CORPORATION WARRANTY DEED
For Value Received THE MARRS COMPANY
A Corporation duly organized and existing under the laws of the State of IDAHO hereby Grant, Bargain,
Sell and Convey unto
MARK ]OHNSTON and BRANDI D. JOHNSTON, HUSBAND AND W[FE,
Whose current address is: 2580 W. TENUTA CT MERIDIAN, ID 83642
The following described real estate, to wit:
Lot 62 in Block 5 of BRH)GETOWER CROSSING SUBDIVISION NO. 3, according to the official plat
thereof, filed in Book 87 of Plats at Page(s) 9916 through 9918, official records of Ada County, Idaho.
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and
assigns forever.
The Grantor does hereby covenant to and with the said Grantees, that it is the owner in fee simple of said
premises; that it is free from all encumbrances, EXCEPT those to which this conveyance is expressly made
subject and those made, suffered or done by the Grantee: and subject to restrictions, dedications, easements,
rights of way and agreements, (if any) of record, and general taxes and assessments, including irrigation
and utility easements, (if any) for the current year, which are not due and payable, and that Grantor will
warrant and defend the same from all lawful claims whatsoever. In constraining this Deed and where the
context so requires, the singular includes the plural, and the masculine, includes the feminine and neuter.
IN WITNESS WHEREOF, the Grantor, pwsuant to a resolution of its Board of Directors has caused its
corporate name to be hereunto subscribed.
Dated: 08!17/04
THE S CO y:
ICHAEL S, It's PRESIDENT
STATE OF I AHO
COUNTY OF AD~Aq
ON THIS ~ 1 "' `DAY OF IN THE YEAR ~, BEFORE ME, THE
UNDERSIGNED, A NOTARY PUBLIC AND FOR SAID STATE PERSONALLY APPEARED,
MICHAEL P. MARRS KNOWN TO ME TO BE THE PRESIDENT OF THE CORPORATION THAT
EXECUTED THIS INSTRUMENT AND THE PERSON WHO EXECUTED THE INSTRUMENT ON
BEHALF OF SAID CORPORATION, AND ACKNOWLEDGED TO ME THAT SUCH
CORPORATION EXECUTED THE SAME.
IN WITNESS WHEREOF, I HAVE HEREUNTO 5ET MY HAND AN~~ ED MY OFFICIAL
SEAL THE DAY AND YEAR INI~THIS CERTIFICATE FIRST A WRI
NAN MARIE HOLM~ES ~ z n 3' ~ J~~ n•
RESIDING AT: BOISE
MY COMMISSION EXPIRES ON:08/14/O8
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D~ OF TRUST'
Loan Number 2100050909440
THIS DEED OF TRUST is made this 28TH day of SEPTEMBER, 2005, among the Grantor, MARK C JOHI~S'~ ad. `'
BRANDI D JOHNSTON AS CO-TRUSTEES OF THE MARK AND BRANDI JOHNSTON TRUST
AGREEMENT DATED OCTOBER 6, 2004 (herein "Borrower"), ALLIANCE TITLE, 3030 N. ROCKY
TAMPA, FLORIDA 33607 (herein "Trustee"), and the Beneficiary, EQUITY ONE INC, a corporation
under the laws of NEW JERSEY, whose address is 301 LIPPINCOTT DRIVE, MARLTON, I+IEhY l {herein
"Lender").
BORROWER, in consideration of the indebtedness herein recited and the trust herein tad, irnevoc~bly grants and conveys
to Trustee, in trust, with power of sale, the following described property Iocxed in the Cocmty of ADA, State of Idaho:
SEE ATTACHED SCHEDULE "A"
which has the address of 2580 WEST TENUTA COURT ,MERIDIAN ,
Idaho 83642
[Street]
(herein "Property Address");
[C~~YI
[Zip Code]
TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances and
rents (subject however to the rights and authorities given herein to Lender to collect and apply such rents), all of which shall be
deemed to be and remain a part of the property covered by this Deed of Trust; and all of the foregoing, together with said
property (or the leasehold estate if this Deed of Trust is on a leasehold} are hereinafter referred to as the "Property";
TO SECURE to Lender the repayment of the indebtedness evidenced by Borrower's note dated SEPTEMBER 28, 2005 and
extensions and renewals thereof (herein "Note"}, in the principal sum of U.S. $78,600.00, with interest thereon, providing for
monthly installments of principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on
NOVEMBER 1, 2020; the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the
security of this Deed of Trust; and the performance of the covenants and agreements of Borrower herein contained.
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 covenants that Borrower
warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record.
IDAHO -SECOND MORTGAGE - 1/80 - FNMA/FHLMC UNIFORM INSTRUMENT I Form 3813 (page 1 of S pages)
111111 lilil IIIII IIIII11i11 Ilfll IIIII hill 111118111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
--~ ~
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness
evidenced by the Note and late charges as provided in the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender, Borrower shall pay to Lender
on the day monthly payments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein
"Funds") equal to one-twelfth of the yearly taxes and assessments (including condominium and planned unit development
assessments, if any) which may attain priority over this Deed of Trust, and ground rents on the Property, if any, plus
one-twelfth of yearly premium installments for hazazd insurance, plus one-twelfth of yearly premium installments for mortgage
insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and
reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that
Borrower makes such payments to the holder of a prior mortgage or deed of trust if such a holder is an institutional lender.
If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured or
guazanteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay
said taxes, assessments, insurance premiums and ground rents. Lender may not chazge for so holding and applying the Funds,
analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds
and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of
this Deed of Trust that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law
requires such interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender
shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the
purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this
Deed of Trust.
If the amount of the Funds held by Lender, together with the future monthly installments of Funds payable prior to the due
dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes,
assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly
repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall
not be sufficient to pay taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender
any amount necessary to make up the deficiency in one or more payments as Lender may require.
Upon payment in full of all sums secured by this Deed of Trust, Lender shall promptly refund to Borrower any Funds held by
Lender. If under pazagraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply,
no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of
application as a credit against the sums secured by this Deed of Trust.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and
paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under
paragraph 2 hereof, then to interest payable on the Note, and then to the principal of the Note.
4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any
mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust, including Borrower's
covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other chazges, fines
and impositions attributable to the Property which may attain a priority over this Deed of Trust, and leasehold payments or
ground rents, if any.
5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured
against loss by fire, hazards included within the term "extended coverage", and such other hazards as Lender may require and in
such amounts and for such periods as Lender may require.
The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such
approval shall not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Lender
and shall include a standard mortgage clause in favor of and in a form acceptable to Lender. Lender shall have the right to hold
the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien
which has priority over this Deed of Trust.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if
not made promptly by Borrower.
If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is
mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to
collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured
by this Deed of Trust.
6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower
shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall
comply with the provisions of any lease if this Deed of Trust is on a leasehold. If this Deed of Trust is on a unit in a
condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or
covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium
or planned unit development, and constituent documents.
Form 3813 (page 2 of S pages)
.-. r~
7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Deed of
Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at
Lender's option, upon notice to Borrower, may make such appearances, disburse such sums, including reasonable attorney's
fees, and take such action as is necessary to protect Lender's interest. If Lender required mortgage insurance as a condition of
making the loan secured by this Deed of Trust, Borrower shall pay the premiums required to maintain such insurance in effect
until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement
or applicable law.
Any amounts disbursed by Lender pursuant to this pazagraph 7, with interest thereon, at the Note rate, shall become
additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to other terms of
payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof. Nothing contained in
this paragraph 7 shall require Lender to incur any expense or take any action hereunder.
8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that
Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest
in the Property.
9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned
and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has
priority over this Deed of Trust.
10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification
of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not
operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not
be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify
amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's
successors in interest. Any forbeazance by Lender in exercising any right or remedy hereunder, or otherwise afforded by
applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy.
11. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements herein
contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower,
subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any
Borrower who co-signs this Deed of Trust, but does not execute the Note, (a) is co-signing this Deed of Trust only to grant and
convey that Borrower's interest in the Property to Trustee under the terms of this Deed of Trust, (b) is not personally liable on
the Note or under this Deed of Trust, and (c) agrees that Lender and any other Borrower hereunder may agree to extend,
modify, forbear, or make any other accommodations with regazd to the terms of this Deed of Trust or the Note, without that
Borrower's consent and without releasing that Borrower or modifying this Deed of Trust as to that Borrower's interest in the
Property.
12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any notice to Borrower
provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by certified mail addressed to
Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein,
and (b) any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender
may designate by notice to Borrower as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have
been given to Borrower or Lender when given in the manner designated herein.
13. Governing Law; Severability. The state and local laws applicable to this Deed of Trust shall be the laws of the
jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Deed
of Trust. In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict
shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision,
and to this end the provisions of this Deed of Trust and the Note are declared to be severable. As used herein, "costs",
"expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein.
14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time of
execution or after recordation hereof.
15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any home rehabilitation,
improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at Lender's option, may require
Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment of any rights, claims or defenses
which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the
Property.
16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it
is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without
Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Deed of
Trust. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Deed
of Trust.
Form 3813 (page 3 of S pages)
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not
less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Deed
of Trust. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted
by this Deed of Trust without further notice or demand on Borrower.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of any covenant
or agreement of Borrower in this Deed of Trust, including the covenants to pay when due any sums secured by this
Deed of Trust, Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof
specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than 10 days from the date
the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or
before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of
the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to
bring a court action to assert the nonexistence of a default or any other defense of Borrower to acceleration and sale.
If the breach is not cured on or before the date specified in the notice, Lender, at Lender's option, may declare all of
the sums secured by this Deed of Trust to be immediately due and payable without further demand and may invoke
the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all
reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 17, including, but not
limited to, reasonable attorneys' fees.
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 the Property or some part thereof is located. Lender or Trustee shall mail
copies of such notice in the manner prescribed by applicable law. Trustee shall give public notice of sale to the
persons and in the manner prescribed by applicable law. After the lapse of such time as may be 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 such order as
Trustee may determine. 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 Lender's designee may purchase the Property at any sale.
Trustee shall deliver to the purchaser Trustee's deed conveying the Property so sold 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 reasonable costs
and expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees and costs of title
evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally
entitled thereto
18. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust due to
Borrower's breach, Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust
discontinued at any time prior to the earlier to occur of (i) the fifth day before sale of the Property pursuant to the power of sale
contained in this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays Lender all sums
which would be then due under this Deed of Trust and the Note had no acceleration occurred; (b) Borrower cures all breaches of
any other covenants or agreements of Borrower contained in this Deed of Trust; (c) Borrower pays all reasonable expenses
incurred by Lender and Trustee in enforcing the covenants and agreements of Borrower contained in this Deed of Trust, and in
enforcing Lender's and Trustee's remedies as provided in paragraph 17 hereof, including, but not limited to, reasonable
attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Deed of
Trust, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Deed of Trust shall continue
unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in
full force and effect as if no acceleration had occurred.
19. Assignment of Rents; Appointment of Receiver; Lender In Possession. As additional security hereunder, Borrower
hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17 hereof
or abandonment of the Property, have the right to collect and retain such rents as they become due and payable.
Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or by judicially
appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the
Property including those past due. All rents collected by Lender or the receiver shall be applied first to payment of the costs of
management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds
and reasonable attorneys' fees, and then to the sums secured by this Deed of Trust. Lender and the receiver shall be liable to
account only for those rents actually received.
20. Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the
Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee.
Trustee shall reconvey the Property without warranty and without chazge to the person or persons legally entitled thereto. Such
person or persons shall pay all costs of recordation, if any.
Form 3813 (page 4 of S pages)
21. Substitute Trustee. Lender, at Lender's option, may 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 the Trustee herein and by applicable law.
22. Area and Location of Property. Either the Property is not more than twenty acres in azea or the Property is located
within an incorporated city or village.
REQUEST FOR NOTICE OF DEFAULT.
AND FORECLOSURE UNDER SUPERIOR
MORTGAGES OR DEEDS OF TRUST
Borrower and Lender request the holder of any mortgage, deed of trust or other encumbrance with a lien which has priority
over this Deed of Trust to give Notice to Lender, at Lender's address set forth on page one of this Deed of Trust, of any default
under the superior encumbrance and of any sale or other foreclosure action.
IN WITNESS WHEREOF, Borrower has executed this Deed of Trust.
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C. JO ~ST ~ -Bono~r
I T N -Borrower
STATE OF IDAHO, County ss:
On this day of , in the year of ,before me
a Notary Public in and for said county and state, personally appeared MARK C JOHNSTON, and BRANDI D
JOHNSTON AS CO-TRUSTEES OF THE MARE AND BRANDI JOHNSTON TRUST UNDER TRUST AGREEMENT
DATED OCTOBER 6, 2004, known or identified to me (or proved to me on the oath of ).
to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed
the same.
(Seal)
Notary Public, residing _
My Commission Expires on:
REQUEST FOR RECONVEYANCE
TO TRUSTEE:
The undersigned is the holder of the note or notes secured by this Deed of Trust. Said note or notes, together with all other
indebtedness secured by this Deed of Trust, have been paid in full. You aze hereby directed to cancel said note or notes and this
Deed of Trust, which are delivered hereby, and to reconvey, without warranty, all the estate now held by you under this Deed of
Trust to the person or persons legally entitled thereto.
Dated:
WHEN RECORDED MAIL TO:
[Space Below This Line Reserved For Lender and Recorder]
Decision One Mortgage Company, LLC,
Agent for EQUITY ONE INC
One South Executive Park, Suite 1000, 6060 J.A. Jones Drive
Charlotte, North Carolina 28287
Form 3813 (page S of 5 pages)
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