Mikel, Jennifer & Greg
GARY D. SMITH, P.E.
PUBLIC WORKS DIRECTOR
CITY OF MERIDIAN
PUBLIC WORKS / BUILDING DEPARTMENT
MAYOR
ROBERT D. CORRIE
BRAD R. WATSO', P.E.
CITY ENGINEER
COUNCfL MEMBERS
KEITH BIRD
TAMMY DE WEERD
CHERIE MCCANDLESS
WILLIAM LM. NARY
June 5, 2002
RECEIVED
JUN 2 7 2002
CITY OF MERIDIAN
CITY (',/ I=RK ()r:r:/(',r:
Greg and Jennifer Mikel
2708 N. Chancery Way
Meridian, Idaho 83642
RE: FENCE VARIANCE REQUEST - 2708 N. Chancery Wav.
Dear Mr. Mikel:
The Fence Variance Committee of the City of Meridian, met at 4:30 P.M., June 5,2002 in City Hall,
to consider your request for a fence setback variance.
After due consideration, the Committee decided to allow a variance request for you to construct a
six (6) foot tall wooden fence in your side street setback area. There was no opposition to this
variance request from adjacent property owners, who were notified in accordance with City
Ordinance requirements of the variance request.
This approved fence location is as shown on the attached sketch and this approval is
subject to the following conditions:
1. The face of the fence shall be set a minimum of 10 feet- 0 inches from the yard side edge of
sidewalk along E. Chemise Dr..
2. The ground area between the fence and sidewalk shall be landscaped and maintained by
you.
3. The board side of the fence shall face out toward the street(s).
4. The City of Meridian has no jurisdiction in the enforcement of the provisions of your
subdivision's Protective Covenants. We therefore recommend that you obtain approval
from your Homeowner's Association for this fence location.
5. We also recommend that you contact Dig-Line at 342-1585 for location of underground
utilities prior to excavation for your fence posts.
6. Please obtain a building permit for your fence from the City of Meridian Building Department
prior to beginning construction. Please call for an inspection after the fence construction is
completed.
660 E. Watertower Ln., Suite 200 Meridian, Idaho 83642
Public Works (208) 898-5500 Building (208) 887-2211
Fax (208) 887-1297
GARY D. SMITH. P.E.
PUBLIC WORKS DIRECTOR
'1'".'
CITY OF MERIDIAN
PUBLIC WORKS / BUILDING DEPARTMENT
MAYOR
ROBERT D. CORRIE
BRAD R. WATSON, P.E.
CITY ENGINEER
COUNCIL MEMBERS
KEITH BIRD
TAMMY DE WEERD
CHERIE MCCANDLESS
WILLIAM LM. NARY
7. "Any aggrieved party may appeal the decision of this committee directly to the City Council
pursuant to subsection 11-15-7 of the City Code. All Appeals shall be filed with the City Clerk
within fifteen (15) calendar days after the decision of the Committee and shall specify the
grounds upon which the appeal is filed. An applicant receiving an approved variance request
is hereby advised to allow the specified fifteen (15) day appeal filing time to pass before
beginning fence installation."
Thank you for complying with the City Ordinance in requesting this variance and if you have any
questions please don't hesitate to give me a call.
Sincerely,
~D.~
Bruce D. Stuart
Fence Variance Committee
Cc: File, Bldg. Inspector, City Clerk
660 E. Watertower Ln., Suite 200 Meridian, Idaho 83642
Public Works (208) 898-5500 Building (208) 887-2211
Fax (208) 887-1297
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RECEIVED
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City of Meridian
City Clerk Officp
....,
GARY D. SMITH, P.E.
PUBLIC WORKS DIRECTOR
CITY OF MERIDIAN
PUBLIC WORKS / BUILDING DEPARTMENT
MAYOR
ROBERT D. CORRIE
BRAD R, WATSON, P,E,
CiTY ENGINEER
RECEIVED
MAY 1 0 2002
COUNCIL MEMBERS
KEITH BIRD
TAMMY DE WEER)
CHERIE MCCANDLESS
WILLIAM LM. NARY
May 9, 2002
City of Meridìan
City Clerk Office
Greg and Jennifer Mikel
2708 North Chancery Way
Meridian, Idaho 83642
RE: FENCE VARIANCE REQUEST - 2708 North Chancery Wav,
Dear Mr. & Mrs. Mikel:
The Fence Variance Committee of the City of Meridian, met at 4:30 P,M., May 8, 2002 in City Hall,
to consider your request for a fence setback variance.
After due consideration, the Committee decided to allow a variance request for you to construct a
six (6) foot tall wooden fence in your side street setback area. There was no opposition to this
variance request from adjacent property owners, who were notified in accordance with City
Ordinance requirements of the variance request.
This approved fence location is as shown on the attached sketch and this approval is
subject to the following conditions:
1. The face of the fence shall be set a minimum of 13 feet- 0 inches from the yard side edge of
sidewalk along East Chemise Drive.
2. The ground area between the fence and sidewalk shall be landscaped and maintained by
you.
3. The board side of the fence shall face out toward the street(s).
4. The City of Meridian has no jurisdiction in the enforcement of the provisions of your
subdivision's Protective Covenants, We therefore recommend that you obtain approval
from your Homeowner's Association for this fence location.
5. We also recommend that you contact Dig-Line at 342-1585 for location of underground
utilities prior to excavation for your fence posts.
6. Please obtain a building permit for your fence from the City of Meridian Building Department
prior to beginning construction. Please call for an inspection after the fence construction is
completed.
660 E. Watertower Ln., Suite 200 Meridian, Idaho 83642
Public Works (208) 898-5500 Building (208) 887-2211
Fax (208) 887-1297
GARY D, SMITH, P,E.
PIIBI.IC WORKS DIRECTOR
CITY OF MERIDIAN
PUBLIC WORKS / BUILDING DEPARTMENT
MAYOR
ROBERT D. CORRIE
BR,AD R. WATSON. P.E.
CiTY ENGINEER
COUNCIL MEMBERS
KEITH BIRD
TAMMY DE WEERD
CHERIE MCCANDLESS
WILLIAM LM, NARY
7. "Any aggrieved party may appeal the decision of this committee directly to the City Council
pursuant to subsection 11-15-7 of the City Code. All Appeals shall be filed with the City Clerk
within fifteen (15) calendar days after the decision of the Committee and shall specify the
grounds upon which the appeal is filed. An applicant receiving an approved variance request
is hereby advised to allow the specified fifteen (15) day appeal filing time to pass before
beginning fence installation."
Thank you for complying with the City Ordinance in requesting this variance and if you have any
questions please don't hesitate to give me a call.
Sincerely,
~D.~
Bruce D. Stuart
Fence Variance Committee
Cc: File, Bldg.lnspector, City Clerk
660 E. Watertower Ln., Suite 200 Meridian, Idaho 83642
Public Works (208) 898-5500 Building (208) 887-221l
Fax (208) 887-1297
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CITY OF MERIDIAN
MERIDIAN FENCE COMMITTEE MEETING
AGENDA
Wednesday. June 5, 2002
City Council Chambers
FENCE COMMITTEE MEMBERS:
- Mr. Gary Smith, P.E., City Engineer
- Mrs. Cherie McCandless, City Council
- Captain Dave Bowman, Meridian Police Department
- Mr. Keith Borup, Planning and Zoning Chairman
ITEMS FOR REVIEW:
Item No.1 4:30 p.m
Greg and Jennifer Mikel
2708 North Chancery Way
Lot 26 Block 4
Chamberlain Estates
-Site Plan Resubmitted***
.
.
CITY OF MERIDIAN
MERIDIAN FENCE COMMITTEE MEETING
AGENDA
Wednesday, May 8, 2002
City Council Chambers
FENCE COMMITTEE MEMBERS:
- Mr. Gary Smith, P.E., City Engineer
- Mrs. Cherie McCandless, City Council
- Captain Dave Bowman, Meridian Police Department
- Mr. Keith Borup, Planning and Zoning Chairman
ITEMS FOR REVIEW:
Item No.1 4:30 p.m
Greg and Jennifer Mikel
2708 North Chancery Way
Lot 26 Block 4
Chamberlain Estates
...
.
.
CITY OF MERIDIAN
FENCE VARIANCE APPLICA nON
(RE: Meridian Zoning Ordinance)
APPLICANT NAME: GfJÆ6 Mil .kJolNI'F£;r- ~ I ~\..
PHONE: <8'ßl- 16 G, 4 S
ADDRESS:
?--¡lJ9
N.
~A-IA./Jc.~Y W¡W. ^^r¡;~lb¡(!..N.. II) <a3r."L.{'2
OWNERS NAME & ADDRESS: (If different than above)
PROOF OF OWNERSHIP: (COpy OF DEED OR OPTION MUST BE ATTACHED)
LEGAL DESCRIPTION OF PROPERTY: LOT # J.. (p BLOCK # L/
SUBDIVISION NAME:
tI-/4A11ß<£'-~IA/1IÍ E:S77'rTFS
PRESENT USE & ZONING OF PROPERTY:
.R£SII>t?I/77t1- L liZ- ß)
SCHEMATIC DRAWING: A TT ACH DRAWING SHOWING BUILDINGS, STREETS
& PROPOSED FENCE.
SURROUNDING PROPERTY OWNERS: LIST OF THE MAILING ADDRESSES OF
ALL PROPERTY OWNERS (OBTAIN LIST FROM MERIDIAN PLANNING &
ZONING DEPARTMENT) WITHIN TWO HUNDRED (200) FEET OF THE
EXTERNAL BOUNDRIES OF THE LAND BEING CONSIDERED.
DESCRIPTION OF REQUIREMENTS OF THE ORDINANCE TRA T NEED TO BE
REDUCED TO PERMIT THE PROPOSED FENCE: 6"...,.. PIi'Nc.Ç R-~V/-T7otJ
pel/II IILltfJ "
'70 PÐeir ~ F~ P£-'tJ{>'g¿.T'r' t..-11dE:. J.o III
ATTACH APPLICATION FEE:
$50.00
ATTACH STATEMENT THAT FENCE IS ALLOWED UNDER THE RESTRICTIVE COVENANTS
OF THE SUBDIVISION OR A COpy OF THE RESTRICTIVE COVENANTS PERTAINING TO
FENCES.
APPLICANT'S SIGNATURE: tI~:> # ~
DATE REC~ '~OMMfITEE HEARING DATE
RECEIVED BY: \ ( flA1~
10.
.
.
Ifan owner or applicant desires to obtain a variance fi'om the provisions of this section, 11-9-605 J,
FENCES, it shall not be treated as a variance pursuant to the provisions of 11-2-419 or 11-9-612, of
the Revised and Compiled Ordinances and the procedure for such a variance shall not be governed
by the aforementioned two sections. There shall be a special procedure for variances fi'om this fence
ordinance, which shall be as follows:
a.
The owner or applicant shall file an application for a fence variance with the City Clerk,
which application shall state the following:
1.
Address of subject property;
2.
Name, address and phone number of applicant;
3.
Name, address and phone number of owners of the subject property;
4.
Proof of ownership;
5.
Legal description of subject property;
6.
Present use of subject property;
7.
Zoning of the subject property;
8.
Schematic drawing of the building and proposed fence;
9.
List of the mailing addresses of all property owners (fi'om the Meridian Planning &
Zoning Department) within 200 feet of the external boundaries of the land being
considered;
10.
Minimum requirements of this ordinance that need to be reduced to permit the
propused fence;
An application fee established by resolution of the Council;
11.
b.
Upon receipt of the fence variance application the Zoning Administrator shall set a hearing
and see that notice is mailed by fl1'St class mail to all owners of property within 200 feet of
the radius of the subject property, which hearing shall be held not sooner than 15 days after
the mailing of the required notice and not more than 30 days after mailing of the required
notice. The notice of Hearing does not need to be published in the official newspaper.
c.
The hearing established by this subsection shall be conducted by the fence variance
committee, which committee shall be comprised of the City Engineer, the Meridian Police
Chief, one Council Member and one Planning and Zoning Member. A quorum of said
committee shall be a minimum of three members of the committee.
d.
Upon hearing the request for the fence variance, the committee shall either approve or deny
or approve with conditions, the application for fence variance; that no written findings of
fact shall be required but a written decision shall be written to the applicant and to any party
requesting written notification of the decision at the hearing.
e.
APPEAL. AI1y aggrieved party may appeal the decision of the committee directly to the
City Council pursuant to Section 11-2-416 G., 1.
.
.
RetùmTO:iii': ,
'NORTH¡..\!.íEfÍ'I;CÀN MORTGAGE ',. ANY
. i\íi¡il}1!~~':1;¡;;; ;(,i;:
PrePared :By: .
MARILYN SYNDER
[Space Above This Line For Recording Data]
DEED OF TRUST LH#-4~:~~~~~~~~~
MIN 1000541-3000110908-9
VID1
A10
NOTICE: THIS LOAN IS NOT ASSUMABLE
WITHOUT THE APPROV AL OF THE
DEPARTMENT OF VETERANS AFFAIRS OR ITS
AUTHORIZED AGENT.
DEFINITIONS
WordB used in multiple sections of this document are defined below and other words are defined
in Sections 3, II, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this
document are also provided in Section 16.
(A) "Security Instrument" means this document, which is dated JUNE 28, 2001
together with all Riders to this document.
(B)"Borrower"is GREGORY S. MIKEL AND, JENNIFER L, MIKEL, HUS8AND AND WIFE
Borrower is the trustor under this Security Instrument.
(C) "Lender" is NORTH AMERICAN MORTGAGE COMPANY
Lender is a CORPORA T ION
organized and existing under the laws of DELAWARE
IDAHO - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS
~-6BIID)'OOO"O' Form 30~L.fVv
P":~:'M'~RTGAGE FORMS ~n:~~~~ IIIIIIIIIIIIIIIIIIIIIIIIIIIII~IIIIIIIIIIIII\IIIIIIIIIIIII IIIIII III I!II!I 1I11 IIII!II!
.
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SÀNTA RO~~P:cÞ. 95403
..' .,',':¡"~"i!,:>:;;;;i,'
AS, !ÎÙ a ÊSCROW."'iìNC)! ,
, ,?',O:¡',1.r,)) ",' 'i'Jf'i;:'¡<~~ ":, .
(E) ,,1;M, " "",IS' Mortgage EleCtronic Registration Systems; Ïnè. MERS is a separate corporation
that it~'CmrîtiiOìè¡y'åS a nominee for Lender and Lender's S\lcc~rs and assigns, MERS is the
ben~fi¿¡~}y Gnciérthis Seèurity Instrùment. MERS is organized and existing under the laws of
Delawate;'ÌiíÍd hiíS an address Ìind telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel.
(888fð7!rMERs.:: ',,' ',', ,',
(F) "NO:t~':mcklnS the, promissory note signed by Borrower and dated JUNE 28 2001
The NòiëliltateS that Borrower owes Lender ONE HUNDRED' TWENTY EIGHT THOUSAND THREE
HUNDRED 'THI RTVFOUR AND DO /1 DO ' Dollars
(U.S. $ , 128,334.00 ) plus interest. Borrower has promised to pay this debt in regular
Periodic Payments and to pay the debt in full not later than JULY 01 2031
(G) "Property" means the property that is described below under' the heading "Transfer of
Rights in the Property."
(H) "Loan" means the debt evidenced by the Note, plus interest, any' prepayment charges and late
charges due under the Note, and all sums due under this Security Instrument, plus interest.
(I) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The
following Riders are to be executed by Borrower [check box as applicable]:
,,'
0 Adjustable Rate Rider
0 Balloon Rider
ŒJ V A Rider
0 Condominium Rider 0 Second Home Rider
ŒJ Planned Unit Development Rider D 1-4 Family Rider
D Biweekly Payment Rider DOther(s) [specify]
(J) "Applicable Law" means all controlling applicable federal, state and local statutes,
regulationB, ordinances and administrative rules and orders (that have the effect of law) as well as
all applicable final, non-appealable judicial opinions.
(K) "Community Association Dues, Fees, and Assessments" means all dues, fees,
asseasments and other charges that are imposed on Borrower or the Property by a condominium
association, homeowners association or similar organization.
(L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction
originated by check, draft, or similar paper instrument, which is initiated through an electronic
terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize
a financial inBtitution to debit or credit an account. Such term includes, but is not limited to,
point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire
transfers, and automated clearinghouse transfers,
(M) "Escrow Items" means those items that are described in Section 3.
(N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or
proceeds !,aid by any third party (other than insurance proceeds paid under the coverages
described In Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or
other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv)
misrepresentations of, or omissions as to, the value and/or condition of the Property.
(0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or
default on, the Loan.
(P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest
under the Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.)
and its implementing regulation, Regulation X (24 c.P.R. Part 3500), as they might be amended
from time to time, or any additional or successor legislation or regulation that governs the same
subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and
~-6B(01'DDD",DI
'";t;.I'~¡JfV
..JlJ" Form 3013 1/01
p,.. 2 of 15
, ';
~,'¡>
.
.
'.:V,;¿'~:r:~~Wi:,¡;;;¡'i'!:'~:,;"." ,; '::,J,;
. restrictlo , ':irn~.~nrégarp,~ò,:a "federally rel~tedmortgage loan" even if the Loan
',does riótqu I, l;~f~iirallyrelátedMôrtgage loan" under'RESPA.' ,
(R) .Suêéé"S~òr, '¡i;;'ï;;rè~tof, BorrÒ~èr. mealÌs any party thái bas taken title to the Property,
whëther'or'n"f¡~'ihatparty has ássumèd Borrower's obligations undèr the Note andfor this Security
Instrument:',':';,"'" ,',
,'/,. '
TRANSFER OF RIGHTS IN THE PROPERTY
The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's
successors and assigns) and the successors and assigns of MERS, This Security Instrument secures
to Lender: (i)the repayment of the Loan, and all renewals, extensions and modifications of the
Note; and (ii) the performance of Borrower'B covenants and agreements under this Security
Instrument and the Note. For this purpoSe, Borrower irrevocably grants and conveys to Trustee,
in trust, with power of sale, the following 'described property located in the
COUNTY of ADA
[Type of Recording Jurisdiction!
[Name of Re~ording Jurisdiction]
LOT 26 IN BLOCK 4 OF CHAMBERLAIN ESTATES SUBDIVISION, ACCORDING
TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 71 OF PLATS AT PAGES
7299 AND 7300, RECORDS OF ADA COUNTY, IDAHO.
ParcelIDNumber: R1360120700
2708 NORTH CHANCERY WAY
MERIDIAN
("Property Address"):
which currently has the address of
[Streel)
[City] ,Idaho 83642-7362 [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 shall also be covered by thiB Security Instrument. All of the foregoing is referred to
in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds
only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary
to comply with law or custom, MERS (as nominee for Lender and Lender's successors and
assigns) has the right: to exercise any or all of those interests, including, but not limited to, the
right to foreclose and sell the Property and to take any action required of Lender including, but
not limited to, releasing and canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seiBed of the estate hereby conveyed
and has the right to grant and convey th~ Property and that the Property is un~ncumbered, except
for encumbrBnces of record. Borrower warrants and will defend generally the title to the Property
against all claims and demands, subject to any encumbrances of record.
_-6BUDI(000SlOI
'og. 3 ., IS
In"I.I~!.rtv
jU\^. Form 3013 1/01
.
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fi:l:~:+:".it'.:",.,." c.;",',;'
',i"ŠT~r">""<"'~'g~iribinesunifci~~}!Þ>venan~ for ,national use and
,,:Jjr~~~,ti~~~ byjur!;t¡~~~~,~:constitute a uniform, security
,Ifs. oITo'wer and LendercoveíîåÌí{ and agree as follows:
\~ ,fJPiinêipal,'Ioièrest, Escrow Itèâís;if;J;>repayment Charges, and Late
Char" .,,!JI'f,<?:\",ir shall pay ;.vhendue the principal of, and interest on, the debt evidenced by the
Note~n~,.,anYiprepayment charges and late charges due 'under the Note. Borrower shall also pay
funds for,Escròw .Items pursuant to Section 3. Payments due under the Note and this Security
Instrument shall be made in U.S. currency. However, if any check or other instrument received by
Lende(sS"payinent under the Note or this Security Instrument is returned to Lender unpaid,
LenderiT).aY,require that any or all subsequent payments due under the Note and this Security
Instrument be'made in one or more of the following forms, as selected by Lender: (a) cash; (b)
moneYI:irder,'(c) éèrtified check, bank check, treasurer's check or cashier's check, provided any
such check is drawn upon an institution whose deposits are insured by a federal agency,
instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the
Note or at such other location as may be designated by Lender in accordance with the notice
provisions in Section 15. Lender may return any payment or partial payment if the payment or
partial payments are inBufficient to bring the Loan current. Lender may accept any payment or
partial payment insufficient to bring the Loan current, without waiver of any rightB hereunder or
prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not
obligated to apply such payments at the time such payments are accepted. If each Periodic
Payment is applied as of Its scheduled due date, then Lender need not pay interest on unapplied
funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan
current. If Borrower does not do so within a reasonable period of time, Lender shall either apply
such funds or return them to Borrower. If not applied earlier, such funds will be applied to the
outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim
which Borrower might have now or in the future against Lender shall relieve Borrower from
making payments due under the Note and this Security Instrument or performing the covenants
and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2,
all payments accepted and applied by Lender shall be applied in the following order of priority:
(a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section
3. Such payments shall be applied to each Periodic Payment in the order in which it became due.
Any remaining amounts shall be applied first to late charges, second to any other amounts due
under this Security Instrument, and then to reduce the principal balance of the Note,
If Lender receives a payment from Borrower for a delinquent Periodic Payment which
includes a sufficient amount to pay any late charge due, the payment may be applied to the
delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender
may apply any payment received from Borrower to the repayment of the Periodic Payments if,
and to the extent that, each payment can be paid in full. To the extent that any excess exists after
the payment is applied to the full payment of one or more Periodic Payments, such excess may be
applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment
charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due
under the Note shall not extend or postpone the due date, or change the amount, of the Periodic
Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments
are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment
of amounts due for: (a) taxes and assessments and other items which can attain priority over this
Security Instrument as a lien or encumbrance on the Property; (b) leaBehold payments or ground
rents on the Property, if any; (c) premiums for any and all insurance required by Lender under
Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to
Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions
of Section 10. These Items are called,,"Escrow Items." At origination or at any time during the
term of the Loan, Lender may require that Community Association Dues, Fees. and Assessments,
if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item.
1";tI"$Y1~¡,N..
Form 3013 1/01
1Q.-6BOD)IOOO5!,OI
P". 4 ., 15
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,',
;:~Ji¡""'é~~:9Ji"i' ':ii,"'.,';",~:" '<i(¡','d.it;'
;i}, 'Bon- .,,' :piQ¡np" y '" Leiìderall riotices of amoüntsto'be paid under this Section.
\, ,y,Bó~(.. jpâf~¡Lérj " iI:\i1lds'Jor, Escrow Itertll! !fui!~.Lc:nder waives Bor~wo:r's
:'obhgati ",' ythê Fpnds" ¡for all Escrow Items. Lender;may waive Borrower's obhgatton
to'pa,y J~'I1ìi.Øe(f1in~ tor any¡)!' all Esèrow Items at any Affiè. ;Any 'such waiver may only be in
Writing. jn ,theeyent of such Wàlver, Borrower shall pay directly', when and where payable, the
~moúl!tS:~,!(fc;ìtàriy 'EScrow ~teíns for1ivhich pa~ment !>f F~ndshas been waived. b~ Lender ~nd,
If Lender;,rl¡lulres;Bhal1fumlsh to Lênder receipts evidencing Buch payment within such tIme
period aiiLender 'may '¡require. i Borrower's obligation to, make.such payments and to provide
receipts 'shall ,for all purposes be deemed to be a covenant and a~reement contained in this
Security Instrument, as the phrase "covenant and agreement" is used In Section 9. If Borrower is
obligated to pay ¡Escrow Items directly. pursuant to a waiver. and Borrower fails to pay the
amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such
amount' and Borrower Bhall then be obligated under Section 9 to repay to Lender any such
amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice
given in accordance with Section 15 and, upon Buch revocation, Borrower shall pay to Lender all
Funds, and in such amounts, that are then required under this Section 3.
Lender may. at any time, collect and hold Funds in an amount (a) Bufficient to permit
Lender to apply the Funds at the time specified under RESP~, and (b) not to exceed the
maximum amount a lender can require under RESP A. Lender shall estimate the amount of Funds
due on the basis of current data and reasonable estimates of expenditures of future Escrow Items
or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so
insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow
Items no later than the time specified under RESPA. Lender shall not charge Borrower for
holding and applying the Funds, annually analyzing the escrow account, or verifyin~ the Escrow
Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to
make such a charge. Unless an agreement is made in writing or Applicable Law requires interest
to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on
the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the
Funds. Lender shBII give to Borrower, without charge, an annual accounting of the Funds as
required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account
to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held
in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and
Borrower shBII pay to Lender the amount necessary to make up the shortage in accordance with
RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in
escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and
Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with
RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly
refund to Borrower any FundB held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold
payments or ground rents on the Property, if any, and Community Association Dues, Fees, and
Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in
the manner provided in Section 3.
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, but only so long as Borrower is performing such agreement; (b)
contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings
which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings
are pending, but only until such proceedings are concluded; 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 can attain priority over
this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days
of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of
the actions set forth above in this Section 4.
.
~ -B8UDI (0005),01
p... 5 .r 15
In;tI.,",~¡).A.
.j..tJv Form 3013 1/01
8': ,~.
.
J~, «~,i; ,~~~~{ '( ~ ",;¿~k;i;tk
'f¡'._:~úireJ}òrrow"r; ~y a,'one:tirne.:i;hå'¡:~é'fora real estate tax verification
andf~r:'1~ce~ by LèJ~",~£.!r connectIOn w,!hJIt)~~n.. .
""~j:¡S.!!!,,,.",., "~ ¿lns!1r~n~~Bon:,?",!!r,~ha1ll~ the Imp~'{elÌlents ,!O,,! exIstIng or hereafter
; ere¡:ted on" e,;Jjroperty Insurédagalnst loss by fIre, hazardsmclúded wIthin the term "extended
coveiàgè;\ïìiidanyòther luiiards including, but not limited to;:ëarthquakes and floods, for which
Lèride"'wr~úiréš :insurance.:J, his insurance shall, be maintain, ed in the amounts' {including
dediJêtible'hivéts) and for theJ¡eriods that Lender requires. What Lender requires pursuant to the
preCeding'~éììtCítceS can change during 'the term of the Loan. The insurance carrier providing the
Insúranéeshal11?e chosen by Borrower subject to Lènder's right to disal?prove Borrower's choice,
which'right:ShaIl, not be exércised unreasonably. Lèndermay reqUIre Borrower to pay, in
connectionwith'this Loan,either: (a) aone"1ime charge for flood zone determination, certification
and tracking'servicçs; or (b) a one"1ime charge for flood zone determination and certification
services and subsequent charges each time remappings orsimilar changes occur which reasonably
might affect such determination or certification. Borrower shall also be responsible for the
payment of any fees imposed by the Federal Emergency Management Agency in connection with
the review of any flood zone determination resulting from an objection by Borrower.
, If Borrower fails to maintain any of the ,coverages described above, Lender may obtain
insurance coverage, at Lènder's option and Borrower's expense. Lender is under no obligation to
purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender,
but might or mi~t not protect Borrower, Borrower's equity in the Property, or the contents of
the Property, against any risk, hazard or liability and might provide greater or lesser coverage
than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so
obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any
amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the
date of disbursement and shall be paYBble, with such interest, upon notice from Lender to
Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to
Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall
name Lender aB mortgagee and/or as an additional loss payee. Lender shall have the right to hold
the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender
all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance
coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such
policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an
additional loss payee.
In the event of lOBS, Borrower shall give prompt notice to the insurance carrier and Lender.
Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower
otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was
required by Lender, shall be applied to restoration or repair of the Property, if the restoration or
repair is economically feasible and Lender's security is not lessened. During such repair and
restoration period, Lender shall have the right to hold such insurance proceeds until Lender has
had an opportunity to inspect such Property to ensure the work has been completed to Lender's
satisfaction, provided that such inspectIOn shall be undertaken promptly. Lender may disburse
proceeds for the repairs and restoration in a single payment or in a series of progress payments as
the work is completed. UnlesB an agreement is made in writing or Applicable Law requires
interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any
interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by
Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of
Borrower. If the restoration or repair is not economically feasible or Lender's security would be
lessened, the insurance proceeds shall be ap,plied to the sums secured by this Security Instrument,
whether or not then due, with the excess, If any, paid to Borrower. Such insurance proceeds shall
be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available
insurance claim and related matters. If Borrower does not respond within 30 days to a notice
from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate
and settle the claim. The 3O-day period will begin when the notice is given. In either event, or if
Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender
In;tI.I~~~~
Form 3013 1/01
q -6B(tDllooo",o,
Pog. . 0' 15
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.
.
;; ¡;'~';;i:¡,,;:,:';Hfii,:;~HiJ, , :t":';::';/iL "
. t(a:)BoÌTowe~\I",~ tl! tò'#iy.i~ùfanCe'procee,ds in'an amount iìbfto exceed .the amounts unpaid
~',u.nderJ~~.N(),te"prA:¡his Se¡:\!ntyI(lStrull1~~t,a]d (~) any otherofJ~orrower's ngl1,ts (other tha~ t.he
;:nght ;tC!.any 1fr!,!!;,],dl!f,unearn'¥ pre!1llUms :pald . by ,Borrow!,~) .; under' all Insurance pohcles
, icovenng th!,l,W~f1Y, Insofar as ~uch nghts a~e apphcable to the¡:ò,.yerage of the Property, Lend~r
may, use the !ß.II.1;1t;11nc:e pr~ either to repair or restore the Property or to pay amounts unpaid
under the Note ,or"this Secunty Instrument, whether or not then due.
6.<Oêcúpa.,òèy. Borrower shall occupy, establish, and use the Property as Borrower's
principal rêàideÎ1èe within 60 days after the execution of this' Security Instrument and -shall
continue to óècupy the Property as Borrower's principal residence for at least one year after the
date of oècûiancy, unless Lender otherwise agrees in writing, which consent shall not be
unreasonably;withheld, or unless extenuating circumstances exist which are beyond Borrower's
control" "':f':""'" . ,
7. 'Pres~r~~tion,Maintenance and Protection of the Property; Inspections. Borrower
shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit
waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall
maintain the Property in order to prevent the Property from deteriorating or decreasing in value
due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not
economically feasible, Borrower shall promptly repair the Property)f damaged to avoid further
deterioration or damage. If inBurance or condemnation proceeds are paid in connection with
damage to, or the taking of, the Property, Borrower shall be responBib[e for repairing or reBtoring
the Property only if Lender has released I;'roceeds for such purposes. Lender may disburse
proceeds for the repairs and restoration in a single payment or in a series of progress payments as
the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or
restore the Property, Borrower is not relieved of Borrower s obligation for the completion of such
repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it
has reasonable cause, Lender may inspect the interior of the improvements on the Property,
Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying
such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan
application process, Borrower or any persons or entities acting at the direction of Borrower or
with Borrower's knowledge or consent gave materially false, misleading, or inaccurate
information or statements to Lender (or failed to provide Lender with material information) in
connection with the Loan. Material representations include, but are not limited to, representations
concerning Borrower's occupancy of the Property as Borrower's principal residence.
9. Protection or Lender's Interest in the Property and Rights Under this Security
Instrument. If (a) Borrower rails to perform the coyenants and agreements contained in this
Security Instrument, (b) there iB a legal proceeding that might significantly affect Lender's interest
in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy,
probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over
this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the
Property, then Lender may do and pay for whatever is reasonable or appropriate to protect
Lender's interest in the Property and rights under this Security Instrument, including protecting
and/or assessing the yalue of the Property, and securing and/or repairing the Property. Lender's
actions can include, but are not limited to: (a) paying any sums secured by a lien which has
priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys'
fees to protect its interest in the Property and/or rights under this Security Instrument, including
its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited
to, entering the Property to make repairs, change locks, replace or board up doors and windowB,
drain water from pipes, eliminate building or other code violations or dangerous conditions, and
have utilities turned on or off. Although Lender may take action under this Section 9, Lender does
not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs
no liability for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of
Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate
from the date of disbursement and shall be payable, with such interest, upon notice from Lender
to Borrower requesting payment.
~-68UDI'oOO",OI
In;tl.IS~L.JI^.
Form 3013 1/01
..lift'
P". 7 ., 15
.
,;;" .}~~:!c.,.; ~~'¡{i:\¡' , , '
, '~tJf~¡Ú leasehold, Borr°Í"e,~r',i!i!lIcomply with all th.e provisions
U" !r,.eI!Jff<,t,!tI'~,~O"t"h,'<: ~rope""",~,t",y, "",.,.t!1!tJ,e .,!,ase",'"",h",o"""ld and the fee title shall not
grætCl,!he,m~germw~ting. ':,:\\ì'~:~'i~;' ..,.
suranc!,.IfLiiDderreqUlred Mortgage Jtjšurance as a condItIOn of making
átJ Pàythep~miùms required to mäinfàìri'the Mortgage Insurance in effect.
" n, the Mortgage Insurance coverage required þy Lender ceases to be available from
inSiJtèrthat previoUsly 'provided such insuranêêand Borrower was required to make
separaíelgnated payments toward the premiumsfor¥oligãge Insurance, Borrower shall pay
the 'p¡i s:Tequired to obtain coverage substantiallyequivaIent to the Mortgage Insurance
preyioùslbffect, 'at a cost substantially equivalent to the cost to Borrower of the Mortgage
Ins~!Ji1!sò ~ .Vslyin effect, from an alternate ,mortgage'insurer selected by Len?er. If
substan!l y, eqUIvalent Mortgage Insurance coverage IS not available, Borrower shall continue to
pay 'tò¡;ëaae'¡ illë amount of the separately del!ignated payments that were due when the insurance
covel1lge;1'èeàsêd to be in effect. Lender will accept, use and retain these payments as a
non-refuridablé ,loss reserve in lieu of Mortgage Insurance. Such lOBS reserve shall be
non-refundable,notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall
not be required ,to pay Borrower any interest or earnings on such loss reserve. Lender can no
longer require loss reserve payments if Mortgage Insurance covel1lge (in the amount and for the
period that Lender requires) provided by an insurer selected by Lender again becomes available, is
obtained, and Lender requires separately designated payments toward the premiums for Mortgage
Insul1lnce. If Lender required Mortgage Insurance as a condition of making the Loan and
Borrower was required to make separately designated payments toward the premiums for
Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance
in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage
Insurance ends in accordance with any written agreement between Borrower and Lender providing
for such termination or until termination iB required by Applicable Law. Nothing in this Section
10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain
losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the
Mortgage Insurance. '
Mortgage insurers evaluate their total risk on all such insurance in force from time to time,
and may enter into agreements with other parties that share or modify their risk, or reduce losses.
These agreements are on terms and conditions that are satisfactory to the mortgage insurer and
the other party (or parties) to these agreements. These agreements may require the mortgage
insurer to make payments using any source of funds that the mortgage insurer may have ayailable
(which may include funds obtained from Mortgage Insurance premiums).
As a result of these agreements, Lender, any purchaBer of the Note, another insurer, any
reinBurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or
indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's
payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's
risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the
insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is
often termed .captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that BOrrower has agreed to
pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not
increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle
Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has - if any - with
respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any
other law. These rights may include the right to receive certain disclosures, to request
and obtain cancetJation of the Mortgage Insurance, to have the Mortgage Insurance
terminated automatically, andfor to receive a refund of any Mortgage Insurance
premiums that were unearned at tqe time of such cancellation or termination.
Q. -BHUDI 'ODDS," 1
'""181'6£,/'Ý\ ~
~ Form 3013 1/01
"" .., 15
.
'8
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;¡ìiii. .,,:UJ;;,c'~~~i\,<: ,Co 0 o..'?"'!i
. .11. Miscellaneous Proceeds; Forfeiture.cAll Miscellaneous Proceeds are
h~r~ "'~.þ~idiÓ~r. ';:;':fêfU,
, ' : I " ,such Miscellaneous Proceedsšhall be applied to restoration or
repair ,0.. e.. th';'rèStora.tiolí'ôr repair is economicå1lyfeasible and Lender's security is
not l~e¡(1I?*r¡'ng such repair and. restoration period, Lender' ¡mall have the right to hold such
Miscellanêô'~;?!ÖJeeds'until Lender has had an opportunity to inspect such Property to ensure
the work has .:beencompleted to Lender's satisfaction, provided that such inspection shall be
undeftäken'prgmpìly. Lendermay pay for the repairs and restoration in a single disbursement or
in aseriei(4i;p~gresS payments as the work is completed. Unless an agreement is made in
writing or :Awliêable'Law requires interest to be paid on such Miscellaneous Proceeds, Lender
shall notbe'riiqh¡r'ed to pay Borrower any interest or eBrnings on such Miscellaneous Proceeds. If
the restoration or repair is not economically feâsible or Lender's security would be lessened, the
MiscellaneouS Proceeds shall be applied to the sums secured by this Security Instrument, whether
or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous ProceedB shall be
applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then
due, with the excess, if any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair
market value of the Property immediately before the partial taking, destruction, or loss in value is
equal to or greater than the amount of the sums secured by this Security Instrument immediately
before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise
agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of
the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums
secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair
market value of the Property immediately before the partial taking, destruction, or loss in value.
Any balance shall be paid to Borrower. '
In the event of a partial taking, destruction, or loss in value of the Property in which the fair
market value of the Property immediately before the partial taking, destruction, or loss in value is
less than the amount of the sums secured immediately before the partial taking, destruction, or
loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instrument whether or not the sums are then
due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the
Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for
damages, Borrower fails to respond to Lender within 30 days after the date the notice is given,
Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or
repair of the Property or to the sums secured by this Security Instrument, whether or not then
due. .Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the
party against whom Borrower has a right of action in regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun
that, in Lender's judgment, could result in forfeiture of the Property or other material
impairment of Lender's interest in the Property or rights under this Security Instrument.
Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section
19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment,
precludes forfeiture of the Property or other material impairment of Lender's interest in the
Property or rights under this Security Instrument. The proceeds of any award or claim for
damages that are attributable to the impairment of Lender's interest in the Property are hereby
assigned and shall be paid to Lender.
~-6BIID) (000",0 1
P.,. . .f "
, . """bl('i.JJ'-
In;tI.I"~
jvtJv Form 3013 1/01
,,'
.
".~',,'~' ~;.,.~ ",.,.;.:;::\¡
¡: 'i.ren<!t appl,ied t() r",.es,'",to,',','"r,a,,~i,().,"n,',., 0, r repat,'r of the Property S"hall
beapp Section,2,~i,'[~Jli;~'; .
, ;1;jI2. O:,e orbeararice By LèndéiNot a Waiver. Extension of the
time :;£0 'r:ti1ìõâi "'of amortization :of .'òthêtsums secured by this Security
InstiiÌmen ~, ',. y.Uåder.to Borrower or any Suèceæofin Interest of Borrower shall not
operatC;tòÌ~lèãSethc:Ii~bility Óf BOrro~er or a~y Successotsïn Interest of Borrower. Lender shall
not be fe91.i¡rèd to commence proceed1Ogs against any Succ~r 10 Interest of Borrower or to
refuse to éxtèßd time for payment Of otherwise modify amortization of the sums secured by this
SeclirityInstruìrientby reason of any demand made by the original Borrower or any Successors in
Interestof,!Borrower.Anyforbearance by Lender in exercising any right or remedy includin¡¡,
without limitation, Lender's acceþtanée of payments from tlùrd persons, entities or Successors 10
Interest òf,BòITower'ôrin amounts less than the amount then due, shall not be a waiver of or
precludÙhe exercisè'of any right or remedy. .
13. Jòint :and Several Liability; Co-signers; Successors and Assigns Bound. Borrower
covenants'and agrees that Borrower's obligations and liability shall be joint and several. However,
any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"):
(a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's
interest in the Property under the terms of this Security Inst~ument; (b) is not perBonally
obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any
other Borrower can agree to extend, modify, forbear or make any acèommodations with regard to
the terms of this Security Instrument or the Note without the co-signer's consent.
Subject to the provisions of Section 18, any Successor in IntereBt of Borrower who assumes
Borrower's obligations under this Security InBtrument in writing, and iB approved by Lender, shall
obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be
released from Borrower's obligations and liability under this Security Instrument unless Lender
a¡¡rees to such release in writing. The covenants and agreements of this Security Instrument shall
bifid (except as provided in Section 20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection
with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights
under this Security Instrument, including, but not limited to, attorneys' fees, I?roperty inspection
and valuation fees. In regard to any other fees, the absence of express authority in thiB Security
Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the
charging of such fee. Lender may not charge fees that are expressly prohibited by this Security
Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally
interpreted so' that the interest or other loan charges collected or to be collected in connection
with the Loan exceed the permitted limits, then: (a) any Buch loan charge shall be reduced by the
amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected
from Borrower which exceeded permitted limits will be refunded to Borrower, Lender may
choose to make this refund by reducing the principal owed under the Note or by making a direct
payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial
prepayment without any prepayment charge (whether or not a prepayment charge is provided for
under the Note). Borrower'B acceptance of any such refund made by direct payment to Borrower
will constitute a waiver of any right of action Borrower might have arising out of such
overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security
Instrument must be in writing. Any notice to Borrower in connection with this Security
Instrument shall be deemed to have been given to Borrower when mailed by first class mail or
when actually delivered to Borrower's notice address if Bent by other means, Notice to anyone
Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires
otherwise. The notice address shBII be the Property Address unless Borrower has designated a
substitute notice address by notice to Lender. Borrower shall promptly notify Lender of
Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of
address, then Borrower shall only report a change of address through that specified procedure,
There may be only one designated notiçe address under this Security Instrument at anyone time,
Any notice to Lender shall be given by delivering it or by mailing it by first class mail to
IQ.-6BUDI '00001,0 1
P.,. 10 .. 10
InItl.'S'~¡JIIIv
~ Form 3013 1/01
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'Lender's:'âddress stated herein unless Lender has designated another address by notice to
Borrower. Any notice in connection with this Security Instrument shall not be deemed to have
been given to Lender until actually received by Lender. If any notice required by this Security
Instrument is also required under Applicable Law, the Applicable Law requtrement will satisfy the
corresponding requirement under this Security Instrument.
,16. Gòverning Law; Severability; Rules of Construction. ThiB Security Instrument shall
be governed by federal law and the law of the jurisdiction in which the Property is located. All
rights and obligations contained in this Security Instrument are subject to any requirements and
limitationsof Applicable Law. Applicable Law might explicitly or implicitly allow the parties to
agree by contract or it might be silent, but such silence shall not be construed aB a prohibition
against agreement by contract. 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.
As used in this Security Instrument: (a) words of the masculine gender shall mean and
include corresponding neuter words or words of the feminine gender; (b) words in the singular
shall mean and include the plural and vice versa; and (c) the word "may" giyes sole discretion
without any obligation to take any action.
17. Borrower's Copy. Borrower shall be given one copy or the Note and of thiB Security
Instrument. .
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this
Section 18, "IntereBt in the Property" means any legal or beneficial interest in the Property,
including, but not limited to, those beneficial interests transferred in a bond for deed, contract for
deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by
Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if
Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)
without Lender's prior written consent, Lender may require immediate payment in full of all
sums secured by this Security Instrument. However, this option shall not be exercised by Lender
if such exercise is prohibited by Applicable Law.
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 given in accordance with
Section 15 within which Borrower must pay all sums secured by this Security Instrument. If
Borrower fails to pay these sums prior to the expiration of this period, Lender may inyoke any
remedies permitted by this Security Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain
conditions, Borrower shall have the right to have enforcement of this Security Instrument
discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant
to any power of sale contained in this Security Instrument; (b) such other period as Applicable
Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment
enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums
which then would be due under this Security Instrument and the Note as if no acceleration had
occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses
incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys'
fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting
Lender's interest in the Property and rightB under this Security Instrument; and (d) takes such
action as Lender may reasonably require to assure that Lender's interest in the Property and rights
under this Security Instrument, and Borrower's obligation to pay the sums secured by this
Security Instrument, shall continue unchanged. Lender may require that Borrower pay such
reinstatement sums and expenses in one or more of the following forms, as selected by Lender:
(a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check,
provided any such check is drawn upon an institution whose deposits are insured by a federal
agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by
Borrower, thiB Security Instrument and obligations secured hereby shall remain fully effective as
if no acceleration had occurred. However, this right to reinstate shall not apply in the case of
acceleration under Section 18.
~ -BHUDllooo",o 1
p,.. 11 .'15
Inltio,(;brt\ biJUfv
~ Form 3013 1/01
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Note;q,angepf,Loan !ierýicer; Notice. Of Grievance. The Note or a partial
in . ote"(togëthër'}vitn(thisSecurity Instrumeiìt)cari be sold one or more times
wi . , 'iiœ~to'¡Borrôwèi.~A;'íiale might reriul(in'!i"changein the entity (known as the
" "LÕâìì'.SthaféOlléètá:Periòdic Payments due'ììììdeì'"jhè' Note and this Security Instrument
and þei,f ",ther,m0l1gageloari -servicing obligations underJth.eNote, this Security Instrument,
and Applicable Law. There also might be'one or more changes'of the Loan Servicer unrelated to a
sale'of ttiéNoiè:u there is a change of the Loan Servicer~ BolTower will be given written notice of
the chàrìge :ýihiçh will state the name and address of the newLóan Servicer, the address to which
payments should be made and any other information RESPA requires in connection with a notice
of transfer of 'servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer
otherthan"the;purchaser of the Note, the mortgage loan servicing obligations to Borrower will
remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed
by the Note püì'chaser unless otherwise provided by the Note purchaser.
Neither. Borrower nor Lender may commence, join, or be joined to any judicial action (as
either an individual litigant or the member of a class) that arises from the other party's actions
purBuant to this Security Instrument or that alleges that the other' party has breached any
provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or
Lender has notified the other party (with such notice given in compliance with the requirements
of Section 15) of such alleged breach and afforded the other party heçeto a reasonable period after
the giving of such notice to tBke corrective action. If Applicable Law provides a time period
which muBt elapse before certain action can be taken, that time period will be deemed to be
reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure
given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower
pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective
action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are
those subBtances defined as toxic or hazardous substances, pollutants, or wastes by Environmental
Law and the following subBtances: gasoline, kerosene, other flammable or toxic petroleum
productB, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or
formaldehyde, and radioactive materialB; (b) "Environmental Law" means .federal laws and laws
of the jurisdiction where the Property is located that relate to health, safety or environmental
protection; (c) "Environmental Cleanup" includes any response action, remedial action, or
removal action, aB defined in Environmental Law; and (d) an "Environmental Condition" means
a condition that can cause, contribute to, or otherwise trigger an Enyironmental Cleanup.
Borrower'shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property.
Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in
violation of any Environmental Law, (b) which creates an Environmental Condition, or (c)
which, due to the presence, use, or release of a Hazardous Substance, creates a condition that
adversely affects the value of the Property. The preceding two sentences shall not apply to the
presence, use, or storage on the Property of small quantities of Hazardous Substances that are
generally recognized to be appropriate to normal residential uses and to maintenance of the
Property (including, but not limited to, hazardous substances in consumer products),
Borrower shall promptly give Lender written notice of (a) 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 Enyironmental Law of which Borrower has actual
knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking,
discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by
the presence, use or release of a Hazardous Substance which adversely affects the value of the
Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any
private party, that any removal or other remediation of any Hazardous Substance affecting the
Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance
with Environmental Law. Nothing herein shall create any obligation on Lender for an
Environmental Cleanup. "
~ -6BUDI COOOSlO'
P". 12 or "
In;tI"'~l,N'-
(SlX'JV Form
3013 1/01
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FORM ~R¿;~~~~S:. ,Borròwer ar¡~,~~~~.~~ further covenant and agree as
, ".,....i;.tR~ntê(Ü~:"'Lender shall J,glr;fÏiotice to Borrower prior to
aèce,eraon 'fóllowirig Bòr'rowér'sbreach of any covènant or agreement in this Security
IriS}í;ÎÌ~'#:t~~bui ¡"not prior to 'acceleration undÙ';Sêc'tion 18 unless Applicable Law
provideš:otherwise). The notice shall specify: (a) the default; (b) the action required to
cureth1",defåult; (c) a date, not less than 30 days from 'the date the notice is given to
Borl'ower, by which the default must be cured; and (d) that failure to cure the default on
01' .befdfé 'the date speCified in the notice may result in acceleration of the sums secured
by tbisJiecul'ity Instrument and sale of the Property. The notice shall further inform
Bo"r~~~Î-,;pUþe right to reinstate after acceleration and the right to bring a court action
to asseÍ'J the"non-existence of a default or any other defense of Borrower to acceleration
and šàle','U :tbe default is not cured on or before the date specified in the notice, Lender
at its option 'may require immediate payment in full of all sums secured by this Security
Instrument without further demand and may invoke the power of sale and any other
remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses
incurred in pursuing the remedies provided in this Section 22, including, but not limited
to, reasonable attorneys' fees and costs of title evidence. .
If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute
written notice of the occurrence of an event of default and of Lender's election to cause
the Property to be sold, and shall cause such notice to be recorded in each county in
which any part of the Property is located. Lender or Trustee shall mail copies of the
notice as prescribed by Applicable Law to Borrower and to other persons prescribed by
Applicable Law. Trustee shall give public notice of sale to the persons and in the manner
prescribed by Applicable Law. After the time required by Applicable Law, Trustee,
without demand on Borrower, shall sell the Property at public auction to the highest
bidder at the time and place,and under the terms designated in the notice of sale in one
or more parcels and in any order Trustee determines. Trustee may postpone sale of all
or any parcel of the Property by public announcement at the time and place of any
previously scheduled sale. Lender or its designee may purchase the Property at any sale.
Trustee shall deliver to the purchaser Trustee's deed conveying the Property
without any,covenant or warranty, expressed or implied. The recitals in the Trustee's
deed shall be prima facie evidence of the truth of the statements made therein. Trustee
shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale,
including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums
secured by this Security Instrument; and (c) any excess to the person or persons legally
entitled to it.
23. 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 thiB Security Instrument to Trustee. Trustee shall reconvey the
Property without warranty to the person or persons legally entitled to it. Such person or persons
shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying
the Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered
and the charging of the fee is permitted under Applicable Law.
24. 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.
25. Area and Location of Prop!'rty. Either the Property is not more than 40 acres in area
or the Property is located within an incorporated city or village.
~ -68ItD) lOOOSlO 1
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. YSIGNING BELOW, Borrower accepts and agrees to the.terms and covenants contained
'seè'õåtyJnStrtimentårid inànyRider executed by Borrower and recorded with it. .
wi~~j~;'ir . 'i-I '. '. .' :
(SeBI)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
~-6B(lD) lOOOS>O'
~8ð '> rYli'f,cl ~~V\Y\I~ LMiltliSeal)
. . n\ "'s' lo-t<\d-Borrower
GREGORY S. MIKEL
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JENNIFER. MIKEL
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
P". 14 ., "
Form 3013 1/01
.
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sTATEoJÍIÌ>AHo,
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personally a¡'~
, ADA County ss:
, day of , before me,
, a Notary Public in and for said county and state,
GREGORY S. MIKEL, JENNIFER L. MIKEL
known or proved to me to be the person(s) who executed the foregoing instrument, and
acknowledged to me that helshe/they executed the same.
In witness whereof I have hereunto set my hand and affixed my official seal the day and year in
this certificate first above written.
Notary Public rasiding at:
~ -SBUDllo,o5'O!
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MIKEL GREGORY S
MIKEL JENNIFER L
2708 N CHANCERY WAY
MERIDIAN ID 83642-0000
NICKELL TROY
2693 N CHANCERY WAY
MERIDIAN ID 83642-0000
WHITE ROBERT A
WHITE MELANIE R
2004 CHALLIS
MERIDIAN ID 83642-0000
BERRY KEVIN D &
LINDT-BERRY TAMMY A
2022 E CHALLIS
MERIDIAN ID 83642-0000
ENGLAND KRISTINE R
2672 N CHANCERY WAY
MERIDIAN ID 83642-0000
REYNOLDS PATRICK T &
REYNOLDS APRIL A
2650 N CHANCERY WAY
MERIDIAN ID 83642-0000
DOUGLAS DANIEL L &
SIMS- LINDA
2055 E CHALLIS
MERIDIAN ID 83642-0000
.
6R~ MIKEL - 2708 N. CHANCERY
PROPERTY OWNERS WITHIN 200'
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,properly ;fJ.nJ.s e, , :rif.è -.þuiJ,t)of
~;W~9R~~;S\l~hJ:¡ãs 1.;~~~~*t9-9.ft~~õg::ëR:", .~šëi~;'hhç}1~J!1,"!~nk
)~~np~J>.:.aFe n<?1:,aH<:n"'~~ exc~p~. alo". tches;C?r-;r.e1;~n1;;Lon
'PRr:.di\-ê~.!i!..as.~\; Fel1:~~,s..;i'~l:1allL;n.o.t3,;b~ J1J.,lt ".clos~r"j:o g'\:.he
f~o,1J"~~R.~ the;lo~,;'I~h,ëip. t~yel} "-1;1-,1:11.',. t'}~~:t"ontcornero;~the
.h°)l§J~"',Ú!!or ,~J. thJ.!l ~.(),iE,ee,t o,f a~y s'\:.r.~et,rightsofway.
-' .;" í"" ,. ",,", .-' ",... ., ,- r."", :", ,
c)'-':RêtentionPo-rîd"'Ferì~e.TheÚnc~ ~rõund the retention
pond/drainage basin 'contained in . that common area lot
(Lot i3" Block 1) shall be maintained by the Association.
';.:.4,3.13 Construction Time. Once construction has
begun, completion of each building or other improvement
shall be diligently pursued and completed within 12
months.
4.3.14 Construction on Premises. No pre-existing
dwelling or pre-fabricated dwelling shall be moved onto
any lot. All dwellings in this Subdivision must be
constructed on the lot.
4.3.15 Sewer Locations. Hook-ups. All bathroom I
sink and toilet facilities shall be located inside the
dwelling I and connected by underground pipe to lot line
sewer. All connection and sewer charges are the
responsibility of the owner of each lot at the time of
connection.
4.3.16 Antennae. No exterior radio antenna,
television antenna, satellite dish antenna or other
antenna of any type shall be erected or maintained on the
Property unless it is located or screened in a manner
acceptable to the Board.
4.3.17 No Further Subdivision. No Building Lot may
be further subdivided I nor may any easement or other
interest therein less than the whole be conveyed by the
Owner thereof without the prior written approval of the
Board; provided, however, that nothing in this section
shall be deemed to prevent an Owner from~ or require the
approval of the Board for, transferring or selling any
Building Lot to more than one person to be held by them
as tenants-in-commonl joint tenants I tenants by the
entirety or as community property.
COVENANTS, CONDITIONS AND RESTRICTIONS - 7
dVealest\Chaaber. eer
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN, pursuant to 11-9-605 J. 10. of the revised
and compiled Ordinances of the City of Meridian, that the Fence Variance
Committee of the City of Meridian will hold a public hearing at the Meridian City
Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 4:30 P,M., on June 5,
2002, for the purpose of reviewing and considering the modified application of
Greg and Jennifer Mikel for a variance from the Meridian Fence Ordinance at the
property legally described as follows: Lot 26, Block 4 of Chamberlain Estates and
known by the address of 2708 North Chancery Way. The applicant proposes a
reduction of the required distance from 20 feet to 10 feet.
The public is welcome. Testimony, objections, and comments will be
heard and considered by the Committee.
A written decision of the Committee will be issued to the Applicant, and
any person requesting in writing a copy of the decision will be furnished one.
Any aggrieved party may appeal the decision of the Committee directly to
the Meridian City Council pursuantto Section 11-2-416 G. 1.
DATED 13th of May, 2002
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RECEIVED
MAY - 9 2002
City of Meridian.
City Clerk Office