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Brown, Ian ROBERT D. CORRIE Mayor ~TY OF MERIDIIN COUNCIL MEMBERS RON ANDERSON KEITH BIRD TAMMY DEWEERD CHERIE MCCANDLESS PUBLIC WORKS I BUILDING DEPARTMENT GARY D. SMITH, rE. Public Works Director April 26, 2001 Ian Brown 1999 East Chimere Drive Meridian, Idaho 83642 RE: FENCE VARIANCE REQUEST -1999 East Chimere Dr. RECEIVED APR 27 2001 CITY OF MERIDIAN Dear Ian: The Fence Variance Committee of the City of Meridian, met in your presence at 4:30 P.M., April 25, 2001 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. No opposition to this variance request was received from adjacent property owners, who were notified in accordance with City Ordinance requirements of the variance request. This fence location is as shown on the attached sketch and approval is subject to the following conditions: 1. The face of the fence shall be set a minimum of 12 feetfrom the yard-side edge of sidewalk along E. Chimere 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. Thank you for complying with the City ordinance in requesting this variance and if you have any questions please give me a call. Sincerely, ß~()~ Gary D. Smith, PE Fence Variance Committee Cc: File, Bldg.lnspector, City Clerk 200 East Carlton, Suite 100 . Meridian, Idaho 83642 Phone(208)887-2211' Fax (208) 887-1297 l - I . --Î ;------ '---.. / / I I I / I 0 :<:: r'l z C1 --- ~co I ' I --_-.J lx4 CEDAR TRIM ~ PROPOSED FENCE 1999 E. CHIMERE MERIDIAN, IDAHO . . CITY OF MERIDIAN MERIDIAN FENCE COMMITTEE MEETING AGENDA VVednesday,Apñl25,2001 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. Item No.2 4:45 p.m. Item No.3 5:00 p.m. Ian Brown 1999 East Chimera Drive Lot 11 Block 5 Chamberlain Estates Subdivision Carri Pelowitz-Thomburg 3449 West Niemann Drive Lot 4 Block 7 Englewood Creek Estates Kevin and Laura Brotherson 3144 South Tagish Place Lot 4 Block 14 Thousand Springs No. 3 _. . CITY OF MERIDIAN MERIDIAN FENCE COMMITTEE MEETING AGENDA VVednesday, April 25, 2001 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. Ian Brown 1999 East Chimera Drive Lot 11 Block 5 Chamberlain Estates Subdivision Item No.2 4:45 p.m. Carri Pelowitz-Thomburg 3449 West Niemann Drive Lot 4 Block 7 Englewood Creek Estates . /" . P"RCEIVED APR 03 2001 , CITY OF MERIDIAN FENCE VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) City of Meridian City Clerk Office PHONE: 9t1~-11-1-3 7 mer¡,clìClh 9,?i nt/;:), APPLICANT NAME: "J£tn ?:en if't ADDRESS: em f th I~ev-e.., D OWNERS NAME & ADDRESS: (If different than above) PROOF OF OWNERSHIP: (COpy OF DEED OR OPTION MUST BE ATTACHED) LEGAL DESCRIPTION OF PROPERTY: LOT# 1 BLOC.K# ~ SUBDMSION: ß1:tmm IWn E~s PRESENT USE & ZONING ~F PROPERTY: \?tBicl1rmfl\ SCHEMATIC DRAWING: ATIACH DRAWING SHOWING BillLDINGS, 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. ~:~~~~~b:5~~~~;rs OFq ~ n~~~TJ:ED ~D~¿~ 12J1) o.dch1rmClJ q,f+ +rom bu/7dlnif tdtje! -b~ , J ~&J lint, ATTACH APPLICATION FEE OF $ ~::P- , (J'(\ ATTACH STATEMENT THAT FENCE IS ALLOWED UNDER THE RESTRICTIVE COVENANTS OF THE SU8DMSION OR A COpy OF THE RESTRICTIVE COVENANTS PERTAINING TO FENCES. DATE RECEIVED: APPLICANT'S SIGNATURE: ~ COMMITTEE HEARING DATE: RECEIVED BY: I^'--------.. / ~----~Î / I I I 0 :<:: r'l ----- .. ---... -..... . _"-OM'" "'..............-..-.---- lx4 CEDAR TRIM PROPOSED FENCE r'l X ~ (/) --I ~ z C1 lx6 CEDAR TOP CAP PRESSER TREATED 4x4 ~ 1999 E. CHIMERE MERIDIAN, IDAHO .. ... IAN BROWN - 1999 E. CHIMERE DR. PROPERTY OWNERS WITHIN 200' ALLEMAN VERN R & ALLEMAN ANGELINA P 2101 E USTICK RD MERIDIAN ID 83642-5533 DEBENDINER CARRIE C MEIER STEVEN W 2020 E CHIMERE DR MERIDIAN ID 83642-0000 COL TON DONALD W JR & COL TON ALEESA L 2850 N LAUGHRIDGE AVE MERIDIAN II> 83642-7346 RHODES ANGELA R & RHODES JUSTINP 2040 E CHIMERE DR MERIDIAN ID 83642-0000 SLUSHER DAVID A 1945 E COUGAR CREEK DR MERIDIAN ID 83642-0000 STRUZINSKI GLENN B 2766 N CHANCERY WAY MERIDIAN ID 83642-0000 DUNSTAN iTOAN K 1922 E CHIMERE DR MERIDIAN ID 83642-0000 SCHREITER GREGORY C & SCHREITER fjf AC'I T 2752 N CHANCERY WAY MERIDIANID 83642-0000 WOLLAM MARC T & WOLLAM PAMELA J 1944 E CHIMERE DR MERIDIAN ID 83642-0000 BROZOVICH MARC A 1939 E CHIMERE DR MERIDIAN ID 83642-0000 LOPER DAVID M & LOPER KRISTEN 1966 E CHIMERE DR MERIDIAN ID 83642-0000 BIERMAN JENIFER C & BIERMAN JEFF J 1913 E CHIMERE DR MERIDIANID 83642-0000 FRENCH DANIEL G PO BOX 15983 BOISE ID 83715-0000 1988E CHIMERE DR BROWN IAN J & BROWN ALICIA D 1999 E CHIMERE DR MERIDIAN ID 83642-0000 CARTER G D & R G LIVING TRUST CARTER GARY D & RACHEL G TRSTE 2000 E CHIMERE DR MERIDIAN ID 83642-0000 BERTSCH STEVEN BERTSCH PATRICIA A 2731 N CHANCERY WAY MERIDIAN ID 83642-0000 . . Record and Return to: CHASE MANHATTAN MORTGAGE CORPORATION 4915 INDEPENDENCE PARKWAY TAMPA, FL. 33634 ATTENTION: FINAL CERTIFICATION DEPT Slale of tdaho IS"," Abova Thl, Lloe U.ed For Aeoo,d'o, D"'I DEED OF TRUST 49200098 1492000982 FI1^ C.~ No, 1211587189703 THIS DEED OF TRUST ('Security Instrument") is made onMay 23, 1997 The granJor is IAN J BROWN, ALICIA D BROWN, HUSBAND & WIFE The lrusJee is AMERICAN LAND TITLE COMPANY ("Borrower"), The beneficiary is CHASE MANHATTAN MORTGAGE CORPORATION under the laws of the State of New Jersey, and whose address is 343 THORNALL STREET EDISON, NJ 08837 ("Trustee"). , which is organized and e,istiog Borrower OWes Lender Ibe principal sum of One Hundred Nine Thousand, Seven Hundred Sixty-Five and 00/100 Dollars (U.S, $ 109,765.00 ). This debt is evidenced by Borrower's noted,led the same date as this Security Instrumenl ("Nole"), which provides for montbly payments, wilb Ihe full debt, if not paid earlier, due and payable on June 1, 2027 This Securily Instrumenl secures 10 Lender: (a) the repayment of Ihe debt evidenced by tile Nole, witb interest, and all renewals, extensions and modifioations of Ibe NoJe; (b) Ibe paymenl of all olher sums, witb interest, advanced uoder paragraph 7 10 protect Ibe security of Ihis Security Instrumeol; and (c) the performance of Borrower's covenants and agreemenls under this Security Instrument.and Ihe Note. For ibis purpose, Borrower irrevocahly grants and conveys to Trustee, in lrust, with power nf sale, tbe following described property located in ADA County, Idaho: LOT 11 IN BLOCK 5 OF CHAMBERLAIN ESTATES SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 71 OF PLATS AT PAGE 7299 AND 7300, OFFICIAL RECORDS OF ADA COUNTY, IDAHO. ("Lender"), which has Ibe address of 1999 E CHIMERE DRIVE, MERIDIAN, ID 83642 ("Property Address"); TOaBTI1ER WITH all Ibe Improvements now or bereafler erecled on the properly, and all easements, appurteoances, and fixtures, now or hereafter a part of the property. All replacements and additions shall also be covered by tbis Security Instrumenl. All or Ibe foregoing is rererred to in tm.. Security Instrument as the "Property," BORROWER COveNANTS that Borrower Is lawfully seised of Ihe estale hereby conveyed and bas the right to granl and convey Ihe Property and Ibal the Property is unencombered, except for encumhrances of record, Burrower warrants and wlU defend generally the lille to the Propeny against all claims and demands, subject to any encumbrances of record, IDAHO-FHA UNIFOAM INSTAUMENT C-,tOtP"etoI6m.6't",I",,1/.6' . . THIS SECURITY INSTRUMENT combines uniform covenanlS for national use and non-uniform covenanlS with limitcd variations by jurisdicIion to constitute a uniform security instrument covering real properly. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS, I. paymént of Prtnclpal, Inleresl and Lale Charge. Borrower slu1Il pay when due the principal of, and interest on. the deht evidenced by the Note and late cbarges due under the Note. 2, Monthty Payment of Taxes, Insurance, and Other Charges. Borrower shall include in each monthly payment, together witb Ihe principal and interest as set forth In the Note and any late charges, a sum for (a) taxes and special assessmenIs levied or to be levied against the Property, (b) leasehold paymenlS or ground renlS on the Property. and (c) premiums ror insurance required under Paragrapb 4. In any year in which Ihe Lender must pay a mortgage insurance premium 10 the Secrelary of Housing and Urban Oevelopment ("Secretary"), or in any year in which such premium would have been required if Lender "ill held the Security tnstrumenl, each monthly payment shall aiso include eilher: (i) a sum for the annual mortgage insurance premium to be paid by Lender 10 the Secrelary, or (ii) a monthly charge in"ead of a mortgage insurance premium if this Security Instrumenl is held by the Secretary, in a reasonable amount 10 be determined by the Secretary. Except for the monthly charge by the Secretary, Ihese items are called "Escrow Items" and the sums paid to Lender are called 'Escrow Funds". Lender msy, al any time, collecl and hold amounts for E!scrow Items in an aggregate amnunl not to exceed the maximum amounl thaI may be required for Borrower's escrow accounl under .lhe Real Estste Settlement Procedmes Act of t974, 12 U,S.C. § 2601 ~ lliI. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to nme ("RESPA "), excepl that the cushion or reserve permitted by RESPA for urnlnticipated disbursements or disbursemenlS before the BOITOwer's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounls held by Lender for Escrow lIems exceed the amounIs permined to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounlS of funds held by Lender 81 any time are not sufficient to pay the Escrow lIems when due, Lender may notify Ihe Borrower and require Borrower 10 make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender tbe lUll payment of all such sums, Borrower's account shall be credited with Ihe balance remaining for all installment items (a), (b) and (c) and any mortgage Insurance premium inslallment that Lender bas not become obligated 10 pay to Ihe Secrelary, and Lender shall promptly refund any excess funds 10 Borrower. Immedialely prior to a foreclosure sale of Ihe Property or its acquisition by Lender, Borrower's account shall be credited wilh any balance remaining for all installmenis for items (a), (b) and (c). 3. Application of Payments, All paymenIs wuler Paragraphs I and 2 shall be applied by Lender as follows: First, to the mortgage insurance premium 10 be paid by Lender to the Secretary or 10 Ihe monthly charge by the Secrelary instead of tbe monIhIy mortgage insurance premium; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, fiood and olher hazard insurance premiums, as required; . I!ill!!, 10 interest due under the Note; !'!!!!r!!!. In amortization of the principal of the Note; and Fifth, to late charges due under the Nole, 4:F1re, Flnnd and Olher 'Hazard Insurance. Borrower shall insure all improvements on the Property, whether now In existence or subsequently erected, againsl any hazards, casuallies and conlingencies, including nre, for which Lender requires insurance. This Insurance shall be maintained In Ihe amounts and for Ihe periods that Lender requires. Bmmwer shall also insure all improvements on Ihe Property, whether now in existence or subsequently erected. against loss by fioods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender, The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptahle to, Lender, In Ihe event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned Is bereby authorized and directed to make payment for such loss directly 10 Lender, instead of to Borrower and to Lender jointly, All or any part of Ihe insurance proceeds may be applied by Lender, at iIs oplion, either (a) to Ihe reductiOIl of Ihe indebtedness under the Note and this Security Instrnmenl, first 10 any delinquent amounts applied in Ihe order in Parsgraph 3, and then to prepayment of principal, or (b) to the restoralion or repair of tbe damaged property. Any application of Ihe proceeds 10 the principal shall not extend nr postpnne the due date of Ihe monthly payments which are referred to in Psragraph 2. or change Ihe amount of such payments. Any ex"", Insurance proceeds over an amounl required Io pay all outstanding indebtedness uoder the Nole and this Security Instnunenl shall be paid to the enlity legally enlitled thereto, In the event of forectosure of this SecuriIy Instrument or other transfer of title to the Property that extinguishes the indebtedness, all righi, litle and inlerest of Borrower in and In insurance policies In force shall pass 10 the purchaser, 5. Occnpaocy, Preservation, Mainlenance and Proteetionof the Property; Borrower's Loan Application; Leaseholds, Borrower shall occupy, eslablish, and use the Property as Borrower's priocipat residence within siXly d,ys after Ihe execution of this Security Instroment (or within slsly days of a tater saie or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for al least ooe year after the dale of occupancy, unless Lender deterndnes that requiremenl wiIl cause undue hardsblp for Bnrrower, or unless exlenuating circumstances exist which are beyond Borrower's conlrol, Borrower shall nolify Lenders of any extenuating circumstances. Borrower shall nol commit waste nr destroy, damage or snbstantially change the Property or allow Ihe Property to deterior8le, reasonable wear and tear excepted. Lender may inspecl Ihe Property If Ihe Property Is vacant or abandoned or the loan is in default, Lender may laIte reasonable action 10 protect and preserve such vacanlor abandoned Property. Borrower shall also be in default If Borrower, during Ihe loan applicalion process, gave materially false or Inaccurale informalion or staIemenIs 10 Leuder (or failed 10 provide Lender with any material Informalion) in conoeclion with Ihe loan evidenced by the Note, including, but not limited 10, representatiOIls concerning Borrower's occupancy of Ihe Property as a principal residence, If this Securily Instrumenl is on a leasehold, Bnrrower shall comply witb the provisions of the lease. If Borrower acquiles fee title to Ihe Property, the leasehold and fee litle shall not be merged unless Lender agrees to the merger in wriling. 6. Condemna"on, The proceeds of any award or claim for dam'ges, direct or consequential, in connecllon with any condemnation or otber taking of any part of Ihe Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the lUll amount of the indebtedness that remains unpaid under the Nole and Ihis Security Instrument. Lender shall apply such proceeds 10 Ihe reduction of Ihe indebtedness under Ihe Note and this Securily Instrument, first 10 any delinquent amounts applied in Ihe order provided in Paragraph 3, and then to prepayment of principal. Any application of Ihe proceeds to the principal shall not exlend or postpone the due date of Ihe monthly IDAlia-FHA UNIFORM INSTRUMENT C-IIOIPa"z.," 17196""plac",tI961 . . payments, which are referred 10 in Pamgraph 2, or change the amount of such paymenls. Any «cess proceeds uver an amuunt required to pay all outstanding indebtedness under lhe Nnte and this Security Instrument shaII be paid In Ihe entity legalIy entilled thereto. 7. Charges to Borro..er and Protection of Lender's RIghts In Ihe Property. Bonower shaII pay aII govemmental or municipal charges, fmes and impositions that are not included in Paragraph 2. Bonower shaII pay these obligations on lime directly to the entilY which Is owed the payment, If falIure to pay would adversely sffect Lender's Inlerest tn the Property, up5n Lender's request Borrower shaII promptly furolsh to Lender receipts evidencing these payments, If Borrower fails to make Ihese payments or Ihe paymeots required by Paragraph 2, or fails to perform any otber covenants and agreements contained in Ihis Securily Instrument, or there is a legal proceeding that may significanlly affect Lender's rights in the Property (sueh as a proceeding in bankruptcy, for condemnation or 10 enforce laws or regulations), Ihen Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in Ihe Property, including JNlymenl of taxes, haJ<ard insurance and other ilems mentioned in Paragraph 2, Any amounts disbursed by Lender under this Paragraph shall beCome an additional debt of Borrnwer and be secured by Ihis Security Instrument, These amounts shall bear interesl from Ihe date of disbursement, at the Note rate, and at tbe option of the Lender, shall be immedialely due and payable. Borrower shaII promptly discharge any lien which has priority over this Security Instrument unless Bonower: (a) agrees in writing 10 Ihe paymenl or the obligation secured by Ihe lien in a manner acceplable to Lender; (b) contests in good faith the lien by, or defends againsl enforcement of the lien in, legal proceedings which in the Lendcr's opinion operate to prevenl Ihe enforcement of Ihe lien; or (c) secures from the holder of Ihe lien an agreement satisfactory to Lender subordinating the lien to Ihis Security Instrument. If Lender determInes that any part of the Properly is subjecI to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien, Bnrrower shali satisfy Ihe lien or take one or more of the actions sel forth above within 10 days of the giving of ootice, 8, F..., Lender may colIect fees and charges authorized by the Secretary. 9, Ground. ror AcceteraUon of Deht. (n) Default. Lender may, «cepl as limited by regnlations issued by the Secretary in the case of payment defaults, require immediate JNlyment in fuII of aII sums secured hy this Security Instrument if: (i) Borrower defanIts by failing tn pay in fuII any monthly JNlyment required by this Securily Instrument prior to or on the due date of the next monlhly payment. or (ii) Borrower defaults by famag, for a period of thirty days, 10 perform any other obligations conlained in this Security tnslrument. (b) Sale Withont Credit Approval. Lender shall, if permitted by applicable law (including section 34I(d) of the Gam-St Germain Oepository Institutions Acl of 1982, 12 U.S,C, 170Ij-3(d)) and with Ihe prior approval of the Secretary, require immediate payment in fuII or all sums secured by Ihis Security ¡nstroment if: (I) AII or part of the Properly, or a beneficial interest in a trust owning aII or pan of the Property, is sold or otherwise transferred (other than by devise or descent), and (iI) The property is not occupied by the purchaser or granlee as his or her principal residence, or the purehaser or' grantee does so occupy the Property,. bul his or her credit has nol been approved in accordance wllh Ihe requirements of the Secretitry. (e) No Waiver, Ifcircumslances occur that wonId permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does nol waive its rights with respecl to subsequent events, (d) RegulatIons of HUD Secretary. In many circumstances regniations issued by Ihe Secretary will limit Leoder's rights in the case of påyment defaults 10 r"'luire immediate payment in full and foreclose if not paid. This Secu<ity Instrumenl does not autborize acceleration or foreclosure if nol permitted by regutatioos of the Secretaty. (e) Mnrtgage Not Insured. Borrower agrees Ihat if Ihis Security Instrument and Ihe Note are not determined to be eligible for insurance under Ihe National Housing Act within 60 days from the date hereof, Leoder may, at its oplion require immediate paymenl in full of all sums secured by this Security Iostrumeot. A written statemenl of any authorized agent of Ihe Secretary dated subsequenl to 60 days from the date hereof. declining to insure this Secu<ity Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Nolwithstanding the foregoing, this option may nol be exercised by Lender when the unavailability of insurance is solely due to Leoder's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right 10 be reinslated if Lender has required immediate payment in full because of Borrower's faIlure to pay an amounl due under the Note ortbis Security Instrument. This righl applies even after foreclosure proceedings are instituted. To reinstate the Security Instrumenl, Borrower shall tender in a lump sum all amounts r"'luired to bring Borrower's accounl current including, tn the extent they are obligations of Bnrrower under Ihis Security Instrument, foreclosure costs and reasonable and customary altoroey's fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security tnstrument and the obligalions Ihat it secures shall remaio in effect as if Lender had not required immediste payment in full. However, Lender is not required to permil reinstatement ir: (i) Lender has accepled reinstatement after the commencement of foreclosure proceedings wilhin two years immediately preceding the commencement of a current foreclosure proceeding, (Ii) reinstatemenl will p,eclude foreclosure 00 differeot grounds in the future, or (Iii) reinstatement will adversely affect the priority of Ibe lien created hy this Secnrily Instrument. 11. Borrnwer not Released; Forbearance by Lender not a Waiver. Extension of the time of payment or modification of amortization of Ihe sums secured by this Security tnstrument granted by Lender to any successor in interest of Borrower sball not operate to release the liability of Ihe origInal Borrower or Borrower's successor in interest. Lender shall oot be required to commence proceediogs againsl any successor in interest or refuse 10 extend lime for payment or otherwise modify amortization of Ihe 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 sball not be a waiver of or preclude the exercise of an1 right or remedy. 12. Successors and AssIgns Bound; Joint and Several LIability; Co-Sigoers. The covenants and agreements of this Securily Instrument shall bind and benefil Ihe successors and assigns of Lender and Borrower, subject to the prnvisions of Paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Inslrument but does not ..ecute the Nole: (a) is co-signIng this Security Instrument nnly 10 mortgage, granl and convey thaI Borrower's interest in the Property under the terms or this Security Instrumenl; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees thst Lender and any other Borrower may agree 10 extend, modify, forbear or make any accommodations with regard to the tenns of Ihis Securily Instrument or the Note without thaI Borrower's eonsent. 13. Notiees, Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by firsl elass mail uoless applicable law requires use of anotber method. The notice shall be directed 10 Ihe Property Address or any other address Borrower designates by notice to Leoder. Any notice 10 Lender shall be given by first class mall 10 Lender's sddreSl staled herein or any address Lender designates by notice to Borrower. Aoy nolice IDAHO.FHA UNtFORM INSTRUMENT c.ttOt P'a' 30'6 171961 hpl"..1/".1 . . provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this Paragraph. 14. Governing Law; Severability. This Security Instrument shsll be governed by Federal law and the iaw of 'he jurisdiction in which the Property is located. In the event Ihel any provision or clause of this Security Instrument or the Note confliCIa with applIcable law, such confliet shall uot affeet other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security (nstroment and Ole Note are declared (0 be severable. 15. BOJTOwer'a Copy, Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Damnlnua SUbstances, Bonuwer shall not eanse or permit the presence, use, disposal, storage, or release of any Hazardous SUbstances on or in the Property. Bonuwer shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply '0 the presence, use, or storage on the Property of s1uall quantities or Hazardous Substances tbat are generally recognized to be appropriale to norma! residential uses and to maintenance of Ihe Property. Bonuwer shall promptly give Lender wrillen notice of any investigation, claim, demand, iawsuit or other action by any 'governmental or regulatory agency or private party invoiving the Property and any Hazardous Substauce or Environmental Lew of which Bonuwer has actual knowledge. If Borrower learos, or is nolifled by any governmental or regulatory aUlhorily, that any removal or other remediation of any Hazardous Substances affeeting the Property is necessary, Burrower shall promplly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous suhstances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, loxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioaclive materials, As used Ihe paragraph 16, "Enviroomental Law" means federal laws and laws of the jurlsdiction.where the Property Is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS, Borrower and Lender further covenant and agree" follows: 17, Aaslgnment or Rents. Bnnuwer unconditionally "signs and Iransfers to Lender ail the renls and revenues of the Property. Borrower authorizes Lender or Lender's agents to colleet the rents and revenues and hereby directs each tenanl of tile Property to pay the rents to Lender or Lender's agents. However, priorto Lender's notice 10 Borrower of Borrower's breach of any covenant or agreement in the Security InSlrument, Borrower shall colleet and receive all rents and revenues of the Property" trustee ror Ihe benefit of Lender and Borrower. This assignment of rents constitutes an absolute "signment and not an assignment for additionai security only. If Lender gives notice of breach to Bonuwer: (a) all rents received by Borrower shall be held by Borrower as lrustee fnr henefit or Lender only, to be applied to the sums secured by the Secnrity Instrument; (b) Lender shall be entitled to collect and receive aU of the rents or the Property; and (c) each tenant of Ihe Property shall psy all rents due and unpaid to Lender or Lender's agent on Lender's wrillen demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act thai would prevenl Lender from exercising Its rights under this Paragraph 17. Lender shaU not be requIred to enter upon, take control of or maintain Ibe Property before or after giving notice of breacb to Borrower. However, Lender or a judicially appointed receiver may do so at any time Ihere is a breach. AnyappIicalion of rents shall not cure or waive any default or Invalidate any other right or remedy of Lender. This assignment of rems of Ihe Property shall terminate when the debt secured by the Security Instrument is paid in full. 18, Fnreclnsnre Procedure: If Lender reqnlreslmmedlate payment In rull nnder paragraph 9, Lender may Invoke tbe power of ..te and any otber remedies permtUed by oppllcable tow. Lender shall be entitled to eollect all expenses Incnrred In pursuing the remedies provided In this paragraph IS, Including, bul not limited to, reasonable altorneys' fees and cust of title evIdence. If Lender Invokes the power or sale, Lender shall execute or cause Trustee to execute wrillen notice of the oceurrence or un event or default and or the Lender's electlou to cuuse the Property to he sold, and shall cause such notice to he recorded In eaeh eounty In whleh any part of the Property is located. Lender or Trustee shall mail copies or the notlee as prescrihed by appllcuble law to Borrower and 10 olher persons preseribed by applicabte taw. Trustee shall give publIc nntlee of ..Ie to the persons and In the manner prescribed hy applicable law. After the time required by appUcuhle law, Trustee, without demand On Borrower, shaU ..11 the Property at public anction to the highest bidder at the time and place and nnder the terms deslsnated In the notice of sale In one or more parcels and in any order Trustee determines, Truslee may postpone sale or all or any parcet of the Property by pubUe announcement at Ihe time and place or any previously seheduled sale. Lender or lis designee may purehase the Property 01 any sale. Trnst.. shnll deliver to the purchaser Trustee's deed eonveylng the Property without any covenant or warranty, expressed or Implied, The recitals in the Trustee's deed shall he prima facie evidence of the trulh of the statenlents made therein, Trustee shall appty the proceeds 01 the sale In the rollowing order: (a) to all expenses of the sale, Including but not Itmlted to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the persoo or persous .Iegalty entilled to it, If the Lender's Interest In this Security Instrumenlls held hy the Secretary and the Secretary requires Immediate payment In run under Paragraph 9, the Secretary may Invoke the nolliudlclal power of sale provided In the Stngle Family Mortgage Foreclosure Act or 1994 ("Act") (12 U,S,C, 3751 ~.) by reqnestlng a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing In the precedtug sentence shall deprive the Secretory of any rtghls otherwise avallabte to a Lender under tlds Paragraph 18 or appltcable law, 19, Reconveyance. Upon payment of all sums secured by this Security Instrumeat, Leader shall request Trustee to reconvey the Property and shall surrender thiB Security Instrument and ail notes evidencing debt secured by this Securily Instrument to Trustee. Trustee shall reconvey the Property without warranty and without cbarge 10 the penon or persons legally eotitted to it. Such perSon or persons shall pay any recordation costs. 20, Substitute Trustee, Lender may, for any reason or cause, from lime to time remove Trustee and appoint a successor trustee to any Trustee eppointed hereunder. Without conveyance of the Property, Ihe successor trustee shall succeed to all the tille, power, and duties conferred upon Trustee herein and by applicabie iaw. 21. Area and Locatloo of Property, Either the Property is not more Ihan twenty acres in area or the Property is located within an incorporated city or viIlage. 22, Riders to this Security Instrument, U one or more riders are execuled by Borrower and recorded logether 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 oflhis Security Instrument as if the rider(s) were a pm of this Security Instrument. The following riders are attached: Adjustable Rate Rider Planned Unit Development Rider IDAHO.FHA UNIFDRM tNSTRUMENT C-1101 P... 4 01' 171.61 o.pl.", 11961 ! . . By SIONINO BBLOW, Borrower accepts and agrees to Ibe lerms and covenants contained in this Security (ostrumen, and in any rider(a) execnted by Borrower and recorded wIth it. Wilnesa..: . ~RJl [, LiU"c-~Þ. ~\,~ ALICIA D BROWN IS,s", 's'ow Th's Llos U... Fo, Aoknowls.osment' STATE OF IDAHO County of ADA Ontbia 23rd day of May persooaUyappeared IAN J BROWN, ALICIA D BROWN, HUSBAND & WIFE ,so: in tbe year 1997 ,before me known or identified 10 me to be.tbe person wbose name Is subscribed to the witbin ¡natrumenl, and scknowledged to me tbat he/she executed the same. IN WITNB" WHt!BEOP I have bereunlo set my band and affixed my official seal Ihe day and year in tbis cenificale first above written. residing at: My Commission expires Otto i IDAHQ-fHA UNIFORM !NSTRUMENT C.1101 peos.o'. ,'/BOllre,'s",s"..' Nol"" Public, . . March 30, 2001 To Whom It May Concern: The Officers of Chamberlain Estates Home Owners Association approve the fence extension and construction as represented in the site drawing dated 3/24/01 submitted by Ian Brown. The proposed fence extension is approved for the Brown Family of 1999 East Chimere Ave., Meridian, ill 83642. The approval is subject to the following condition. 1. The proposed fence receives Meridian City approval for the fence and any variance ftom Meridian City Code. Bob Hart, President Ken Sutton, Vice President Wes Ireland, Treasurer Betty Hood, Secretary