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Bomer, Michael & Nancy ~ ~. CITY. 0 F MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 . FAX (208) 887-4813 Public WorksIBuildiug Departmeut (208) 887-2211 Motor VehiclcJDrivers License (208) 888-4443 HUB OF TREASURE VALLEY ~. A Good Place to Live COUNCIL MEMBERS WALT W. MORROW. President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY WILLIAM G. BERG. JR.. City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH. P.E.. City Engineer BRUCE D. STUART. Water Works Supl. JOHN T. SHAWCROFT. Waste Water Supl. DENNIS J. SUMMERS. Parks Supl. SHARI L. STILES. P & Z Administretor PATTY A. WOLFKIEL. DMV Supervisor KENNETH W. BOWERS. Fire Chier W.L. "BILL' GORDON. Polica Chlel WAYNE G, CROOKSTON. JR.. Attomey ROBERT D. CORRIE Mayor P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH October 20, 1997 Michael & Nancy Bomer 10331 Randall St. Orange, CA 92869 RE: FENCE VARIANCE REQUEST 2568 N. Clydesdale Dear Michael & Nancy: Then Fence Variance Committee of the City of Meridian met at 4:55, October 20, 1997, in City Hall to consider this request. Your request was not physically represented at this meeting so no questions could be asked of your application. After due consideration, the Committee decided to allow construction of a six (6) foot tall wooden fence in the side street setback of Foxtrotter subject to the following conditions: 1. The face of the fence shall be set no closer than ten (10) feet to the lawn edge of sidewalk. 2. The area between the fence and sidewalk shall be landscaped and maintained by you. 3. The board side of the fence shall face Foxtrotter St. 4. The City of Meridian has no jurisdiction in the enforcement of the provisions of your subdivisions Protective Covenants, Since this is a variance to a provision of your covenants we suggest you also contact your Homeowners Association. 5. Please obtain a fence building permit from City Hall prior to beginning construction Thank you for complying with the City ordinance in requesting this variance. Sin,;¡y,. rely, P4~ Gary D. Smith, P.E. Chairman, Fence Committee cc: File City Clerk Building Inspector _. -iN 0 l'lJrì~NOJ f'\J \ ~ri 'I = . \ i~ I~ ¡ ¡P.\s I ~~ \~¡ 1§ ~23 zi ~~ -.:I - ì lr1 -¡I.t: 6 ~ '" -h" . .o:r":i- . 1\ i f 10' ~. '! [' -1 ! ~ .~-- -¡------~------~---¡,\I \ [, '. ."t"I\ \r;¡I! l~! ~. "~, I i, \ \ ,.... !I!<'- M ~ ! I ,', i~- \, \ \ ~~ ('"to b..' -.\ 1 ¡.:~ ~~ ....', I.., \M '0/ ~ I \ I . I I 1<" I I ~ I \ I :J ! I \ \ :c i~ ~ ~; I\t~ MJLi ~ ~ i¡ :\1 Ii Ii Ii Ii II Ii iI Ii II Ii Ii 1\ II \ i J \i II II II i -~ ~-? -,.I.. ~ ~ <:'., I. .W"-* -p.ç¡., --..... . i š-¡ØaY3c;rf...ì:;:l ,~L~[- ~(, 10 : 3",1. :d 8¿8129fé",ë': . C-¡.}d3': --. -. CITY OF MERIDIAN 33 E. IDAHO MERIDIAN, ID 63642 FENCE VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) ADDRESS: E~ .2. 5aŒMATIC DRAWING: ATI'ACH DRAWING SHaoIING BUILDINGS, STREE:rs & PROPOSED FENCE: V SURROUNDING PROPERl'Y œINERS: LIST OF 'mE: MAILING ADDRESSES OF ALL PROPERrY f\ avNERS (FRQ.'1 ADTHENTIC 'mX RECORDS OF ADA COUNTY) WITHIN 'IWJ HUNDRED (200) FEE:I' OF 'mE: EXTERNAL BOUNDRIES OF 'mE: LAND BEING CONSIDERED: DESCRIPTION OF REQUIREMENTS ~6ü1 d~ ~ ~ BE ?:~ ~ - 0. ~T; PROr 1r¡~ Rmm ~ S(~~~. IV~ {,1ì to r 81' ' I-n r 1-\ t lli1l5 0 r (: mrii fl ~ U ici (ì,;-lli.ú ~ niL ATrACB APPLICATI::;-¡¡ 50 I (jJ : ~ ' . V ATrACB STATEMENT THAT r¡CE IS AJ:J:.aVED UNDER 'mE: RESTRICl'IVE CXJVENANTs OF 'mE: SUBDIVISION OR A COPY OF 'mE: RESTRICrrVE COVENANTS TO r¡CES: DATE RECEIVED CŒ1MITI'EE HEARING DATE RECEIVED BY ,.. -. RETURN TO: GMAC Mortgage Corporation 100 Witmer Road 'HarsQ~m, PA 19044-0963 Capital-Market¡;---c [Spàce Above ThIS LIne For Recording Dotal ATTN: DEED OF TRUST LOAN NO: 462238106 THIS DEED OF TRUST ("Security Inslrument") is made on September 19, 1997 Michael T. Bomer and Nancy Lee Bomer, Husband and Wife . The grantor is ("Borrower"). The trustee is Transnation Title & Escrow, Inc, ("Trustee"). The beneficiaI)' is GMAC Mortgage Corporation which is orgaI\ÌZ,ed-aDd exisling under the laws of Pennsylvania , and whose a~~OD Witmer Road, P,O, Box 963, Horsham, PA 19044 ("Lender"). Borrower owes Lender the principal sum of Eighty Thousand Eight Hundred and 00/100 Dollars (U.S. $ 80,BOO.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on October 1, 2027 . This Security Instrument secures 10 Lender: (a) the repayment of the debt evidenced by the Note, with inlerest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 10 prolect the security of Ihis Security Instrument; and (c) the performance of Borrower's covenanls and agreements under this Security Instrument and the Note, For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in Ada County, Idaho: Lot 1 in Block 4 of TUTHILL ESTATES NO.2, according to the official plat thereof, filed in Book 69 of Plats at Page 7072 and 7073, records of Ada County, Idaho. which has the address of Idaho B3642 2568 North Clydesdale Avenue, Meridian ("Property Address"); [Streel. CilyJ, [Zip Codel IDAHO - Single Family - FNMA/FHLMC UNIFO'IM INSTRUMENT GMACM . CMS.OOII.1D 194021 Form 3013 9/90 Page 1 of 6 fn¡~ ?8 -. LOAN NO: 46223n06 Tmstee, without demand on Borrower, shall sell the Property at public anction to the highest bidder at the time and place and under the tenus 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 annonncement at the time and place of any previously scheduted 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 Tmstee'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, 22. Reconveyance, Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to - reconvey, .., ,!'rQpeny and shall surrender this Security Instrument and all notes evidencing debl secured by this Security Instrument toTrustee,T~,reconyçy_the Property without warranty and without charge to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. 23, Suhstitute Trustee, Lender may, for any rèàSoJJ. or cause, from time to time remove Trustee and appoint a successor ,trustee to any Trustee appointed hereunder, Without conveyance of the Property. Ihe successor lrustee shall succeed to all Ihe title, power and duties conferred upon Trustee herein and by applicable law. 24. Area and Location of Property. Either the Property is not more than twenty acres in area or the Property is located within an incorporated city or village. 25. Riders to this Security Iustrument, If one or more riders are executed by Borrower and' recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a pan of Ihis Security Instrument. - .[Checkappl~le box(es)] - DAdjustablêRãté Rider DGraduated Payment Rider DBal]oon Rider DV.A. Rider DCondominium Rider IKKJPlanned Unit Development Rider DRate Improvement Rider DOther(s) [specify] IKKJI-4 Family Rider DBiweekly Payment Rider DSecond Home Rider BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. ' Witnesses: (Seal) -Borrower (Seal) -Borrower (Seal) (Seal) -Borrower -Burrower STATE OF IDAHO, Ada County ss: On this 19th day of September, 1997 , before me, , a Notary Public in and for said county and state, personally appeared Michael T. Bomer and Nancy Lee Bomer, Husband and Wife known or proved to me to be the person(s) who executed the foregoing instrument, and acknowledged to me that THEY executed the same. ]n 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 residing at: GMACM - CMS.OO11.1D (9'O2) Page 6 of 6 Form 3013 9/90 '8 -. ~, PLANNED UNIT DEVELOPMENT RIDER LOAN NO: 462238106 - -- THIS PLANNED UNIT DEVELOPMENT RIDER is made this 19th day of Septemb~E- ___~_....!997 , and is incorporated into and shall be deemed to amend and supplement ~~eed of Trust or Security Deed (the "Security Instrument") of the same date, given by the undersigned (the "Borrower") to secure Borrower's Note to GMAC Mortgage Corporation (the "Lender") of the same date and covering the Propeny described in the Security Instrument and located at: 2568 North Clydesdale Avenue Meridian, ID 83642 ' [Propony Address] The Propeny includes, but is not limited to, a parcel of land improved with a dwelling, together with other such parcels and cenain common areas and facililies, as described in Covenants, Conditions and Restrictions of Records. (Ihe "Declaration"). The Propeny is a pan of a planned unit development known as Saddle View Estates Homeowners Association (Name of Planned Unit Development] (the "PUD"). The Propeny also includes Borrower's interest in the homeowners association or equivalent entity owning or managing the common areas and facilities of the PUD (the "Owners Association") and the uses, benefits and proceeds of Borrower's interest. PUD COVENANTS. In addition 10 the covenants and agreements made in the Security Instrument, Borrower and Lender funher covenant and agree as follows: A, PUD Obligations, Borrower shall perfonn all of Borrower's obligations under the PUO's Constituent Documents. The "Constituent Documents" are the: (i) Declaration; (H) articles of incorporation, trust instrument or any equivalent document which creates the Owners Association; and (Hi) any by-laws or other rulos or regulations of the Owners Association. Borrower shall promptly pay, when due, all dues and assessmenls imposed pursuant to the Constituenl Documents. ß, Hazard Insurance, So long as the Owners Association maintains, with a generally accepted insurance carrier, a "master" or "blanket" policy insuring the Properly which is satisfactory to Lender and which provides insurance coverage in the amouots, for the periods, and against the hazards Lender requires, including fire and hazards included within the.tenn "extended coverage, " then: (i) Lender waives the provision in Unifonn Covenant 2 for the monthly payment to Lender of the yearly premium installments for hazard insurance on the Propeny; and (H) Borrower's obligation under UnifOrm Covenant 5 to maintain hazard insurance coverage on the Propeny is deemed satisfied to the extent that the required coverage is provided by the Owners Association policy. Borrower shall give LenlÌer prompl notice of any lapse in required hazard insurance coverage provided by the master or blanket policy. MULTISTATE PUD RIOER - Single Family. Fannie Mae/Freddie Mac Uniform Instrument GMACM. CRM.0044.PUO (9704) 28546926 Page' of 3 Form 3150 9190 In'~r~ . -. ,-BY~BELOW_~,¡¡cœpI&.l\!!d agrees 10 the terms and provisions contained in this PUD """:-RHIer. - LOAN NO: 462238106 GMACM - CRM.O044.PUD 197041 (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower Page 3 of 3 [Sign Original Only} Form 3150 9/90 . . ----'- 1-4 FAMILY RIDER ~/ Assignment of Rents LOAN NO: 462238106 THIS 1-4 FAMILY RIDER is made this 19th dayof September 1997 , and is incolporated ioto and shall be deemed 10 amend and supplement me Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to GMAC Mortgage Corporation (the "Lender") of the same date and covering the Property described in the Security Inslrument and located at: 2568 North Clydesdale Avenue Meridian, ID 83642 [Property Addressl .-1..4 FAMILV COVENANTS. In addition to the covenants and agreements made in the Security c ~ Instrument, Borrower and Lender further covenant and agree as follows: A. ADDffiONAL PROPERTV SUBJECT TO THE SECURlTV INSTRUMENT, In addition to the Property described io the Security Instrument, the following items are added to the Property description, and shall also constitute the Property covered by the Security Instrument: building malerials, appliances and goods of every nature whatsoever now or hereafter located in, on, or used, or intended to be used in connection with the Property, including, but not limited to, those for the pulposes of supplying or distributing heating, cooling, electricity, gas, water, air and light, fire prevention and extipguishing apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks, ranges, stoves, refrigeralors, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, panelling and attached floor coverings now or hereafter attached to the Property, all of which, including replacements and additions lhereto, shall be deemed to be and remain a part of the Property covered by the Security Instrument. All of the foregoing togelher with Ihe Property described in the Security Instrument (or the leasehold estate if the Security Instrument is on a leasehold) are referred to in this 1-4 Family Rider and the Security Instrument as the "Property." B, USE OF PROPERTY; COMPLIANCE WITH LAW, Borrower shall not seek, agree to or make a change in the use of the Property or its zoning classification, unless Lender has agreed in wriling to the change. Borrower shall comply with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property. C, SUBORDINATE LIENS, Except as permitted by federal law, Borrower shall nol allow any lien inferior to me Security Instrument to be perfected against the Property without Lender's prIor written permission. D, RENT LOSS INSURANCE, Borrower shall maintain insurance against rent loss in addition 10 lhe olher hazards for which insurance is required by Uniform Covenant 5. E, "BORROWER'S RIGHT TO REINSTATE" DELETED. Uniform Covenant 18 is deleted. MUlTISTATE 1-4 FAMilY RIDER. Single Family - Fannia Maa/Fraddia Mac Uniform Instnumant GMACM - CRM.0043.1.4FAM ¡9704) 28546927 Page 1 of 3 Form 3170 9/90 In~ . . BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this 1-4 Family Rider. - ~~~ LOAN NO: 462238106 GMACM. CRM.0043.1-4FAM 197041 (Seal) ¿blL~~/ -BoITOwer (Seal) -Borrower (Seal) -Borrower (Seal) .Borrower Page 3 of 3 [Sign Original Only] Form 3170 9/90 . . 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 .Æ.§§..o'clock E-M., on Mondav. October 20. 1997, for the purpose of reviewing and considering the Application of Michael & Nancv Bomer for a variance from the Meridian Fence Ordinance at the property legally described as follows: Lot 1. Block 4 Tuthill Estates Subdivision No.2 and known by the address 2568 N. Clvdesdale. Meridian. Idaho 83642. The Applicant proposed to reduce the reauired distance from 20 feet to 7 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 pursuant to Section 11-2-416 G. 1. DATED this 6th day of October ,1997. ~Æ~' WILLIAM G. BERG, JR., CI ERK ~-~~ \"1 ~.~ ~~-~~~[[-=: Ii ----- . -, ~ \ ~--- Ii ~ !\ 1\ I I; = g!! 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R6876960130,REYES DAVID & KAREN A 2953 W ELK STREAM ST MERIDIAN ID 83642-4134 R6876960140 CROFTS BECKY L & KEVIN A 2931 W ELK STREAM ST MERIDIAN ID 83642-4134 R6876960150 LASNICK MARVIN & REEGAN 2905 W ELK STREAM ST MERIDIAN ID 83642-4134 R6876960160 FRAME JONATHAN DAVID 2706 KERR ST BOISE ID 83705-4036 R8571330120 LAING COREY P & RENETTE M 2988 W FOXTROTTER DR MERIDIAN ID 83642-7527 R8571330370 THURBER RICHARD 0 & VIRGINA 10421 W ROCKWOOD ST BOISE ID 83704-19B4 R8571330390 PATTERSON KEVIN REED & DANIELLE 2512 N VICTOR WAY MERIDIAN ID 83642-7528 R8371340010 RB371340020 R8371340030 R8371340040 RB371340050 R8371340330 R8371340100 RB371340430 R8371340440 R8371340110 R8571330380 R8371340350 R8371340420 RB371340450 R8371340120 R8371340360 R8371340410 R8371340460 R8371340130 R8371340400 Lake Jennings Vista 4500 Imperial Ave, San Diego CA 92113 ,~ . . CITY OF MERIDIAN "Hub of Treasure Valley" 33 E, Idaho Meridian, Idaho 83642 888-4433 ,~ ~--~ Name Address .. i t ~- f ~ , ': 0008371 Received By TAX TOTAL 50 I ? GS.2D2.2 PRINTED IN U,S,A ~cyow . -. 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 this Security Instrument. All of the foregoing is referred to in this Securily Instrument as the "Property. " BORROWER COVENANTS that Borrower is laWfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property jg,unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to Ihe Property against all claims and demands, subjecllo any encumbrances of record. THIS ,SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variationsby jurisdiction 10 constitute a unif~fIIl security instrument covering real property. UNIFORM COVENANTS, Bol1'llWeJ.O<IItd Lender covenant and agree as follows: 1. Payment of ~d Interest; Prepayment and Late Charges. Borrower shall promptly pay when due lhe principal of ~::PD the debt evidenced by the Note and any prepayment and late charges due under the Note. ~ FUnds for Taxes and Insurance. Subject 10 applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments aredue under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly laxes and assessments which may attain priority over this Security Instrument as a lien on IheProperty; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance preminms, if any; and (I) any sums payable by Borrower to Lender, in accordance wilh the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These ilems are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally retaled mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U,S.C. Section 2601 et seq. ("RESPA "), unless another law that applies 10 the Funds sets a lesser amount. If so, Lender may. at any time, collect and hold Funds in ,an amount not to exceed the lesser amount. Lender may e8timate 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. TI!e'FtióikShalI be held in an iostitutioo whose deposils are insured by a federal agency, instrumentality, or entity (including Lender;-if Lender is soclt an inStitution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require BolTower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest 10 be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on Ihe Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits 10 the Funds and the purpose for which each debit 10 the Funds was made. The Funds are pledged a8 additional secufÏty for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient 10 pay the Escrow Items when due, Lender may so notifY BolTower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promplly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lemler shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit againsl the sums secured by this Security Instrument. 3, Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs t and 2 shall be applied:. first, to any prepayment charges due upder the Note; second, to amount8 payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4, Charges; Liens. BolTower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time direcIly to the person owed payment, Borrower shall prompIly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these paymenls directly, Borrower shall promptly furnish 10 Lender receipts evidencing the payments. Borrower shall prompIly discharge any lien which has priorily over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of Ihe lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property i8 subjeci to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice idenlitying the lien. Borrower shall satisfy the lien or take one or more of tHe actions set forth above within 10 days of the giving of notice. GIvi"CI~ -C~",.OOI1.IO t9402 Page2oiß Form~o.I, /90 "ilial', ' -' . -. LOAN NO: 462238106 S, Hazard or Property Insurance, Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the teoo "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods Ihat Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject 10 Lender's approval which shall not be unreasonably withheld. If Borrower fails 10 maintain coverage described above, Lender may, al Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage elause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipls of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier. and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the resloration or ri:pàir is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums - secured by this Security Instrument, whether or not then due, with any excess paid' to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to seltle a elaim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or' restore the Property or 10 pay sums secured by t .. nl, Wlîetñer-or not then due. The 3O-day period will begin when the nolice is given. ess Lender and Borrower otherwise agree in wriling, any application of proceeds 10 principal shall not exlend or postpone the due date of the monthly payments referred 10 in paragraphs I and 2 or change Ihe amounl of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulling from damage 10 the Property prior to the acquisilion shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6, Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the' executiolUJrthis Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one , year after the date of occupancy, unless Lender otherwise agrees in writing, which consenl shall not be unreasonably withheld, or unless exlenuating circumstances exist which are beyond Borrower's control. Borrower shall not deslroy, damage or impair the Property, allow the Property 10 deteriorate, or commit waste on the Property. Borrower shall be in defaull if any forfeiture aclioo or proceeding, whether civil or criminal, is begun that in Lender's good failh judgmenl could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a defaull and reiostate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that. in Lender's good faith deteooination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Iostrument or Lender's security interest. Borrower shall also be in defaull if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, ioeluding, but not limited to, representalions concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7, Protection of Lender's Rights in the Property. If Borrower fails to perfooo the covenants and agreements contained in this Security Inslrument, or there is a legal proceeding Ihat may significantly affect Lender's rights in the Propecty (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), Ihen Lender may do and pay for whatever is necessary 10 protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable allorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other leems of payment, these amounts shall bear interest from the date of disbursemeot at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment, 8~ Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effecl, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each momh a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and relain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve (>'I,1."C;M. CMS.O011.ID 19402) P'ge 3 of 6 Form 30',3 9190 In~ . -. payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amoum and for the period Ihat Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maimain mortgage insurance in effect, or to provide a loss reserve, until the requiremem for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection, Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shaH give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10, Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any pan of the Property, or for conveyance in lieu of condemnalion, are hereby assigned and shall be paid to Lender. , In the event of a total taking ot'.tbe.groperty, the proceeds shall be applied to the sums secured by this Security Instrument, whether or noL~-wiI!t.any excess paid to Borrower. In Ihe civent of a panial taking of the Property in which lhe fair c~lhe Property immediately before the taking is equal to or greaìér than the amount of the sums secured by this Secunty Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this SecuriíyÎßstrumem shall be reduced by the amount of the proceeds multiplied by Ihe foHowing fraction: (a) the total amount of the sums securedinunediaJely before the taking, divided by (b) the fair market value of Ihe Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a panial taking of Ihe Property in which the fair market value of the Propeny immediately before the taking is less than the amount of the sums secured immediately before lhe taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrumenl whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower lhat Ihe condemnor offers to make an award or seUIe a claim for damages, Borrower fails to respond to Lender within 30 days after the date the nolice is given, Lender is authorized to coHect and apply the proceeds, at its option, either to res!Òration or repair of the Property or to the Sums secured by Ihis Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any applicaJion of proceeds 10 principal shall not extend or -- -1'"stpone the dùê!latem the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver, Extension of the lime for payment or modification of amortization of the sums seèured by Ihis Security Instrumem granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in inleresl. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment orolherwise modify amortizalion of the sums secured by this Securily Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest; Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. . 12. Successors and Assigns Bound; Joint and Several LIability; Co-signers, The covenants and agreements of this Security Instrument shall bind and beoefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenanls and agreements shall be joint and several, Any Borrower who co-signs this Security Instrument bul does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated 10 pay the sums secured by this Security Inslrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Nole without that Borrower's consent. 13, Loan Charges, If the loan secured by this Security Instrument is subject to a law which sels maxi~um 10:.0 charges, and that law is fioally interpreted so that the interest or other loan charges collected or to be collected in conneclion with the loan exceed the penniUed limits, then: (a) any such loan charge shall be reduced by Ihe amount necessary to reduce the charge to the permitled limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may cboose to make this refund by reducing the principal owed under the Nole or by making a direct payment 10 Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14, Notices, Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by nolice to. Lender. Any notice to Lender shall be given by first class mail to Lender's address staled herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph, 15, Governing Law; Severability, This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Propeny is located. In the event that any provision or clause of this Security Instrument or the Note conflicls with applicable Jaw, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effecl wilhout the conflicting provision. To this end the provisions of this Securily Instrument and the Note are declared to be severable. 16, Borrower's Copy, Borrower shall be given one conformed copy of the Note and of this Security Instrument. GMACM . CMS,O011.IO 194021 p" 4 n' Forrn 3013 9/90