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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 T ,/ I-.u VJ ~ lJ T ~ ; . ~ , I , Ill/ BJ\~ (If' 51061l1~ F,"NC-£? ~ "'- .q '-"~ - V*~f4-Nc.C M~rF-(c..A;-T1ð¡J :;-9-02. ~E((\J~ST N. LJ-tArJC£Rý'/..¡'A'( -----" -----""'---7=--",,"- / ' /' : I ~ ( .....,,'.... ; .. I ¡' I 1'2/ I K:- ID' ;;0 f 'C ;; 1'11'( G:> r - ~ c,:,,;;;dc." ~£~ -' fL Î -- -----.-J 1¡g' ~ ~ ~o;:~ (~' U;D^~) t.(~ $7,'to.I6 Fe:IJ~" -~ &e-b ^^'fGEL- 657-8G45 ?- 1 D 9 toJ UlI\-J.JŒ{l.1{ W!\-« LJ) T ~ 7-10 ~ ú< :t:f Lj RECEIVED MAY - 9 2002 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 < ' ~ W T ~ I N. C~^~CERY \~AY ~ ~ A i.u VJ 'f,I'~~I'NtP £,,';;. \ r S I ~. f; ¡"jt-\.- \ L.._~' ' ~ t Ill' r Pt2.ai'O<;';:'D 'V (;- PI> Nt-(' (r.' C£ÞAIë:) 't..(x/ç:-r"o.J6 F'e;IJC€ ~ WI p¡¡,çp EJ:. T'1' 1-\ IJIÓ 1- 1 D 9 N ~ItN Œ~l{ W I\-Y 1-Ð1 *' 2-(0 ~ C¥ :#: '-I fIItj HHE tIJ G) ;;c m G) ~ <" _m C)ï Z~ -....... =<!O co 3:z >. '"DC) J: > Z C) m ;;C -< I R/W 2.'-0' - 50' p¡w~ I " SIDEWALK £-," , J1'-o" - -~ 10\ --- 1'-2" '" BATTER 4.J -;;: ¡¡j '{ 3/4" MINUS C~USHED GRAVEL STANDARG. ROLLED TYPE CURB & GUTTER '" WITH SIDEWALK " -NTS- f1 . . 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! . '\~~ :';1,1:,,;, 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 . ',"C', .,',... 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,<?:\",i r 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 <J l,.t-N ,', ;:~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¡l ulres;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 ¿ . . ;; ¡;'~';;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 oècû iancy, 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 .., "',:'" ;¡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 . . ,: i"i' ,'. '~¡~~: \\H7~( , ,¡' , ' '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 . .~. ',¡rë,:~;~;,'"".;1;~:(,,:,- ..:;¡j,.':¡' , 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 . :\~,¡,: :-,'/ ..;+~¡j',:;;;;,< 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 p,., " .f 15 In;II.",~LF- pv Form 3013 1/01 . . V¡~D~:,;¡1f&!~~~,; .': ", ,:: .~:~" ' . 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 \ ~ fYìJLJ) -- ~ JENNIFER. MIKEL (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower P". 14 ., " Form 3013 1/01 . . "" " ""'~"'" ,," sTATEoJÍIÌ>AHo, on~i~~:~ti~~~ 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! P.,. 15 of 15 Initial., If,1Y\~Vw-. ~~ Form 3013 1/01 . . N . C. I't AN CoER Ý vi A '{ / ~ ;¡ ¡Q «---2.5 '----;i>- WJ VII ~"/~ I~I I 1. i r ~ Pf2oi'o'òE1:> +' F~tJtÆ: ((pI C.£ÞA~) 't-¡:XIS-¡'IÞJ<;, F£;IJû!C:::::!3 [. x' sí l N G:> " ~(s ! i)~ ~~ ~ Lú I v WI W-ri ~ T'1' ¡,J IJ If 1-- 1 D 9 N. Ull\-tJ Œ(2..l{ W W u> í -#:- 'l- to ~ ~ :tf '-/ 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' . sìèJ , '!::Hl.,."",,;.:; r ~' ' , .' encei;" . ~;(~, "..è#f~t , .. ," ..1!~U:i~e ,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 UD . Ustick- ¡;~UI~J ,/ F,"A.lc,f: 12-EQ.\J~c;, í v'~IMC£ MIrb(F-Ic..A;-TlD~ :;-9-02. N. c. J-t AN CoER Ý '1'./,1,'( ~ ¡;¡ .q , I : i ! I-.u I i n:'5111'(G:>r I ~ r"~~ '~\' I L! - g..£S I ~-';;; ,,~c." J. . ~ 11/8' . .'.'----, l.ù " I ~ ~ %"::~:" Ii (¡¡,I C-£'DA~) 'I::...(X'Sl""6 ¡:e:IJc.~~':!) ""~ (If' 51O61l1~ &€"'G ^^ I!LEL.. eß 7 -&G 45 1- 1 D 9 N u-IÏ\-fJ L-E¡2l{ W I\-"{ L-D T -#:- 7- (p &u> q.c .tF- t.J RECEIVED MAY - 9 2002 City of Meridian. City Clerk Office