Gross, Jacob
ROBERT D. CORRIE
Mayor
<!TY OF MERIDIA,"
COUNCIL MEMBERS
CHARLES M. ROUNTREE
GLENN R. BENTLEY
RON ANDERSON
KEITH BIRD
PUBLIC WORKS / BUILDING DEPARTMENT
GARY D. SMITH. P.E.
Public Works Director
April 26, 2000
Mr. Jacob Gross
2470 Morello Avenue
Meridian, Idaho 83642
RE: FENCE VARIANCE REQUEST - 2470 N. Morello Ave.
Dear Jacob:
The FenceVariance Committee of the City of Meridian met at 5:00 P.M., April 26, 2000, 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. This fence location is as shown on the
attached sketch and is subject to the following conditions:
1. The face of the fence shall be set a minimum of 10 feet from the yard-side edge of sidewalk
along W. Stallion Street.
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 recommend that you obtain approval from your
Homeowner's Association for this fence location.
5. We 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.
¿in rely,
'4~
ary D. Smith, PE
Fence Variance Committee
Cc: File, Bldg.lnspector, City Clerk
200 East Carlton, Suite 100 . Meridian, Idaho 83642
Phone (208) 887-221 I . Fax (208) 887-1297
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CITY OF MERIDIAN
FENCE COMMITTEE MEETING
APRIL 2~, 2000
AGENDA
FENCE CqMMITTEE MEMBERS:
Mr. Gary Smith, P.E., City Engineer
Mr. Keith Bird, City Council
Mr. Bill Gordon, Chief of Police
Mr. Keith ~orup, Planning and Zoning Chairman
ITEMS FOR REVIEW
4:30 Donna Wing
2888N'. Old Stone Way
Field Stone Subdivision
Per HOA CC&R'-s proposes to reduce required setback to allow
6 foot fence on streetside of property and 9 feet from sidewalk
to screen.
4:45 Jacob Gross
247o-N~ Morello Avenue
Tuthill Estates (Saddle View Estates)
Reduce setback 10 feet
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NOTICE OF HEARING
NOTICE IS HEARBY 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 Ea~t Idaho Street, Meridian, Idaho, at the hour of 4:45 o'clock P.M., on
April 26, 2000, for the purpose of reviewing and considering the Application of
Jacob Gro~s for a variance from the Meridian Fence Ordinance at the property
legally described as follows: Lot 5, Block 5, Tuthill Estates and known by the
address of ;2470 N. Morello Avenue. The Applicant proposes to reduce the
required setback from 20 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 CJggrieved party may appeal the decision of the Committee directly to
the Meridian City Council pursuant to Section 11-2-416 G, 1.
DATED thi~ 12th day of April, 2000.
"~~/~
WILLIAM G. BERG, JR., City Clerk
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CITY OF MERIDIAN
33 E. IDAHO MERIDIAN, ID 83642
FENcE VARIANCE APPLICATION
LNk 94'7- (,b'8)f
~"j>C- ~ -~'15C:
PHONE 1s JtC ~
(RE: Meridian Zoning Ordinance)
APPLICANr NA'1E: "Toc.ab hf'Q""-"i '
ADDRESS: () 4"70 tV, JÎIlordk¡ Ii ve,
ŒmERs NAME & ADDRESS: (If differe.'1t than above)~Cúb ...¡. Ay¡..JffQ br"ss '
( &.~ \
PRCOF OF ŒmERsHIP: (COpy OF DEED OR OPTION MUST BE ATI'ACHED) /'
LEGAL DESCRIPTION OF PROPERI'Y: wr# ~. ELK #- -5
SUBDIVISIONTu-thdl Es+...+e, (s('Aile- ¡J,ew-Es-f(JJé'~)
PRESENT USE & ZONING OF PROPERI'Y-R~;r\(,¡'+u,,"1 -
SCHEMATIC DRAWING: A'ITACH DRl\WING SHCWING BUILDINGS, STREETS & PROPOSED FENCE:
Tncludtd
SURROUNDING PROPERrY CWÑERs: LIST OF THE MAILING ADDRESSES OF ALL PROPERTY
ŒmERs (FROM AOTEENTIC TAX RECORDS OF ADA COUNTY) WITHIN 'IWJ HUNDRED (200)
FEET OF THE EXTERNAL EOUNDRIES OF THE LAND BEING CONSIDERED: .4 J)¡c./" dÆ d
DESCRIPTION OF REQUI~THE ÇJRD,INANCE THAT NEED TO BE REDUCED TO
PERMIT THE PROPOSED FENCE: tklLt-.L.å
ATl'ACH APPLICATIoN FEE OF $ 5 0 ¡;O
ATl'ACH STATEMENT THAT FENCE IS AUCWED UNDER THE RESTRICTIVE COVENANTs OF THE
~=œœA=œ_~~~~
DATE RECEIVED CCM1I'ITEE HEARING DATE
RECEIVED BY
....
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After Recordation Return To:
FT MORTGAGE COMPANIES
10741 KING WILLIAM DRIVE
DALLAS. TEXAS 75220
POST CLOSING MAILROOM COST CENTER 7206
Loan Number 0014711774
[Space Above Tbis Line For Recording Data]
FHA Case No.
DEED OF TRUST 1121.1762268.703.
THIS DEED OF TRUST ("Sccurity [llstrumcIII") is malIc 011 OCTOnER 6, 1999, Thc grantor is JACOn S.
GROSS and AN UREA L. GROSS. IIUSnAND AND WIFE ("ßorrowcr"), Thc trustcc is TRANSNATION TITLE &
E:SCROW, 8665 WEST EMERALD, SUITE 200, nOISE, IDAIIO 83704 ("Trustee"), The beneficiary is FT
.vIORTGAGE COMPANIES d/b/a EMERALD MORTGAGE COMPANY, which is organizeu and existing under the
laws of THE STATE OF KANSAS, and whose address is 2974 LBJ FREEWAY, SUITE 200, DALLAS, TEXAS
75234 ("Lender"). Borrower owes Lender the principal sum of ONE HUNDRED FOUR THOUSAND EIGHT
IIUNDRED SEVENTY-TWO AND OO/lOOths Dollars (U,S,$104,872.00). This debt is evidenced by Borrower's note
lated the same date as this Security Instrument ("Note"). which provides for monthly payments, with the full debt, if not
Jaid earlier. due and payable on NOVEMBER I, 2029, This Security Instrument secures to Lender: (a) the repayment of
he debt evidenced by the Note, with interest, and all renewals. extensions and modifications of the Note; (b) the payment
Jf all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the
Jerfonnance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose,
Jorrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located
n ADA County, Idaho:
.0'1' 5 IN BLOCK 5 OF TUTHILL ESTATES NO.2, ACCORDING TO THE OFFICIAL PLAT THEREOF,
YILED IN BOOK 69 OF PLATS AT PAGES 7072 AND 7073, RECORDS OF ADA COUNTY, IDAHO.
'/hich has the address of 2470 NORTH MORELLO A VEN1Æ
. MERIDIAN
daho
83642
tZip Code]
ISIr..']
("Property Address");
ICi'y]
iMD 0207 (496) Page 1 of 6
FHA Idaho Deed of Trust
'"
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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 Security 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 is unencumbered, except for encumbrances of record, Borrower warrants
and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited
variations by jurisdiction to constitute a uniform security instrument covering real property,
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on,
the debt evidenced by the Note and late charges due under the Note.
2. Monthly Payment of Taxes, Insurance, and Other Charges, Borrower shall include in each monthly payment,
togetller with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special
assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c)
premiums for insurance required under Paragraph 4, In any year in which the Lender must pay a mortgage insurance .
premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would
have been required if Lender still held the Security Instrument. each monthly payment shall also include either: (i) a sum
for the annual mortgage insurance premium to be paid by Lender to the Secretary, . or (ii) a monthly charge instead of a
mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined
by the Secretary. Except for the monthly charge by tile Secretary, these items are called "Escrow Items" and the sums paid
to Lender are called "Escrow Funds."
Lender may, at any time. collect and hold amounts for Escrow Items in an aggregate amount not to exceed the
maximum amount that may he required for Borrower's escrow accuunt under the Real Estate Settlemeut Procedures Act of
1974, 12 V.S.C. § 2601 ~~, and implementing regulations, 24 CFR Part 3500, as they may be amended from time to
time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements
before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance
premium. '
If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall
account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are
not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to 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 the full payment of all such sums, Borrower's account shall be credited with the balance remaining for
all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become
]bligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a
foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance
remaining for all installments for items (a), (b), and (c).
3. Application of Payments. All payments under Paragraphs I and 2 shall be applied by Lender as follows:
First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the
Secretary instead of the monthly mortgage insurance premium;
Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard
insurance premiums, as required;
Third. to interest due under the Note;
Fourth, to amortization of the principal of the Note; and
Fifth, to late charges due under the Note.
4, Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now
',n existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender
'equires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower
,hall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by
floods 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 acceptable to, Lender.
GMD 0207 (496) Page 2 of 6
FHA Idaho Deed.of Trust
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In the 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 hereby authorized and directed to make payment for
such loss directly to Lender, instead of to Borrower and to Lender jointly, All or any pan of the insurance proceeds may
be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security
Instrument., flfst to any delinquent amounts applied in the order in Paragraph 3, and then to prepayment. of principal, or
(b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend
or postpone the due date of tile monthly payments which are referred to in Paragraph 2, or change the amount of such
payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and
this Security Instrument shall be paid to the entity legally entitled thereto,
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the
indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser.
5. 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 execution of this Security Instrument. (or within sixty days of a later sale or transfer of the Property) and shall
continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless,
lender detennines that requirement. will cause undue hardship for Borrower, or unless extenuating circumstances exist
which are beyond Borrower's control. Borrower shaH notify Lender of any extenuating circumstances. Borrower shaH not
commit waste or destroy, damage or substantiaHy change the Property or allow the Property to deteriorate, reasonable
wear and tear excepted. Lender may inspect the Property if the Property is vacant. or abandoned or the loan is in default.
Lender may take reasonable' action to protect and preserve such vacant. or abandoned Property, Borrower shall also be in
default if Borrower, during the loan application process, gave materiaHy false or inaccurate information or statements to
Lender (or failed to provide Lender with any material infonnation) in connection with the loan evidenced by the Note,
including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence, If
this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the (case. If Borrower acquires
fee title to tile Property, the leasehold and fee title shall not he mcrged unless Lender agrees to the mcrger in writing,
6, Condemnation. The proceeds of any award or claim for damagcs, direct or consequential, in conncction with any
condemnation or other taking of any part of the Property. or for conveyance in place of condemnation, arc hereby
'3ssigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the
'ote and this Security Instrument. Lender shall apply sueh proceeds to the reduction of the indebtedness under the Note
md this Security Instrument, first to any delinquent amounts applied in the order provided in Paragraph 3, and then to
Jrepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the
nonthly payments, which are referred to in Paragraph 2, or change the amount. of such payments, Any excess proceeds
)ver an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to
he entity legally entitled thereto,
7. Charges to Borrower and Protection of Lender's Rights in the PrOIJerty. Borrower shall pay all govenunental
1r municipal charges, fines and impositions tl,at are not included in Paragraph 2, Borrower shall pay these obligations on
ime directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the
~roperty, upon Lender's request Borrower shall promptly furnish to lender receipts evidencing these payments,
If Borrower fails to make these payments or the payments required by Paragraph 2, or fails to perform any other
;ovenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect
-ender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations),
hen Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the
'roperty, including payment of taxes, hazard insurance and other items mentioned in Paragraph 2,
Any amounts disbursed by Lender under this Paragraph shall become an additional debt of Borrower and be secured
'y this Security Instrument. These amounts shall bear interest from the date of disbursement at the Note rate, and at the
'ption of Lender shaH be immediately due and payable.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)
grees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in
.ood faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion
'perate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to
-ender subordinating the lien to this Security Instrument. If Lender determines that any part of tile Property is subject to a
ien which may attain priority over this Security Instrument, . Lender may give Borrower a notice identifying the lien.
Jorrower shaH satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice.
8. Fees. Lender may collect fees and charges authorized by the Secretary.
9. Grounds for Acceleration of Debt,
(a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults,
require immediate payment in full of all sums secured by this Security Instrument if:
;MD 0207 (496) Page 3 of6
FHA Idaho Deed c¡f Trust
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(i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior
to or on the due date of the next monthly payment, or
(H) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this
Security Instrument.
(h) . Sale Without Credit Approval. Lender shall, if permitted by applicable law (including section 341(d) of the
Garn-St Germain Depository Institutions Act of 1982. 12 U.S,C. 170Ij-3(d» and with the prior approval of the
Secretary. require immediate payment in full of all sums secured by this Security Instrument if:
(i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or
otherwise transferred (other than by devise or descent), and
(H) The Property is not occupied by the purchaser or grantee as his or her principal residence. or the purchaser
or grantee does so occupy the Property, but his or her credit has not been approved in accordance with the
requirements of the Secretary.
(c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender
does not require such payments, Lender does not waive its rights with respect to subsequent events.
(d) Regulations of HUD Secretary, In many circumstances regulations issued by the Secretary will limit Lender's
rights. in the case of payment defaults. to require immediate payment in full and foreclose if not paid. This
Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary.
(e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be
eligible for insurance under the National Housing Act within 60 days from the date hereof. Lender may, at its
option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of
any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this
Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility, Notwithstanding tile
foregoing, this option may not be exercised by Lenuer when the unavailability of insurance is solely due to
Lender's failure to remit a mortgage insurance prcmium to the Secretary,
10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because
f Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after
Jreclosure proceedings are institUted. To reinstate the Security Instrument, Borrower shall tenuer in a lump sum all
mounts required to bring Borrower's account current including. to the extent they arc obligations of Borrower under this
ecurity Instrument, foreclosure costs and reasonable and customary attorney's fees and expenses properly associated with
le foreclosure proceeding. Upon reinstatement by Borrower. this Security Instrument and the obligations that it secures
lall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit
,instatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two
,ars immediately preceding the commencement of a current foreclosure proceeding. (H) reinstatement will preclude
,reclosure on different grounds in the future, or (Hi) reinstatement will adversely affect the priority of the lien created by
lis Security Instrument.
II. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or
odification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in
terest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest.
ender shall not be required to commence proceedings against any successor in interest or refuse to extend time for
]yment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made
{ the original Borrower or Borrower's successors in interest, Any forbearance by Lender in exercising any right or
'1lledy shall not be a waiver of or preclude the exercise of any right or remedy,
12. Successors and Assigns Bonnd; Joint and Several Liability; Co-signers. The covenants and agreements of this
,curity Instrument shall bind and benefit the successors and assigns of lender and Borrower, subject to tlle provisions of
Jragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security
strument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey
at Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay
, sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend,
odify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that
mower's consent.
13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by
ailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the
'operty Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by
'st class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice
uvided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as
'ovided in this paragraph.
,10 0207 (496) Page 4 of 6
FHA Idaho Deed'ofTrust
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14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the
jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the
Note conflicts with applicable law, such contlict shall not affect 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 Instrument and the
Note are declared to be severable.
15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
16. Hazardous Substances, Borrower shall not cause or permit the presence. use, disposal, storage, or release of
any Hazardous Substances on or in the Property. Borrower 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 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.
Borrower shall promptly give Lender written notice of 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
Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or
regulatory. authority, that any removal or other remediation of any Hazardous Substances affecting the Property is
necessary, Borrower shall promptly take all necessary remedial actions in accordance witll Environmental Law.
As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances
by Environmental Law and the following substances: gasoline, kerosene, otller flammable or toxic petroleum products,
toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde. and radioactive materials.
As used in this paragraph 16', "Environmental Law" means federal laws and laws of the jurisdiction where the Property is
located that relate to health, safety or environmental protection,
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the
Property, Borrower authorizes Lender or Lender's agents to COIIL'Ct the rents and revenues and hereby directs each tenant
,)f the Property to pay the rents to Lcnùcr or Lcnùcr's agents. However. prior to Lenùer's ootice to Borrower of
Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect anù receive all rents
and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an
Ibsolute assignment and not an assigrunent for additional security only.
If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee
for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to
:ollect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents ùue and unpaid to
Lender or Lender's agent on Lender's written demand to the tenant.
Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would
Jfevent Lender from exercising its rights under this Paragraph 17.
Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of
']feach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach, Any
lPplication of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment
Jf rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full.
IS. Foreclosure Procedure. If Lender requires immediate payment in full under Paragraph 9, Lender may invoke the
,ower of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred
n 'pursuing the remedies provided in this paragraph 18, including, but not limited to, reasonable attorney's fees and costs
)f title evidence.
If Lender invokes the power of sale. Lender shall execute or cause Trustee to execute a written notice of the
,ccurrence of an event of default and of Leuder's election to cause the Property to be sold, and shall cause such notice to
,e recorded in each county in which any part of the Property is located. Lender or Trustee shall mail copies of the notice
tS prescribed by applicable law to Borrower and to other persons prescribed by applicable law, Trustee shall give public
¡otice of sale to the persons and in the manner prescribed by applicable law. After the time required by applicable law,
Lrustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place
md under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee
nay postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously
,cheduled sale. Lenùer 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,
,xpressed or implied, The recitals in the Tl11stee's deed shall be prima facie evidence of the truth of the statements made
~herein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but
10t limited to, reasonable Trustee's and attorney's fees; (b) to all sums secured by this Security Instrument; and (c) any
,xcess to the person or persons legally entitled to it.
:;MD 0207 (496) Page 5 of 6
FlIA Idaho Deed 'of Trust
...
.
.
If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate
payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family
Mortgage Foreclosure Act of 1994 ("Act") (12 U,S,C, 3751 !:! ~,) by requesting a foreclosure commissioner designated
under the Act to commence foreclosure and to sell the Propeny as provided in the Act. Nothing in the preceding sentence
shall deprive the Secretary of any rights otherwise available to a Lender under this Paragrapþ 18 or applicable law.
19. 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 this Security
tnstrument 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 penniued under applicable law.
20. 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.
21. 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.
22. Riders to tWs Security Instrument. 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 shalt amend and
supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security
Instrument.
[Check applicable box(es)]
0 Condominium Rider
0 Growing Equity Rider L\:ìJ Tax Exempt Financing Rider (Addendum)
and Iúaho Housing and Finance
IXJPlanned Unit Development Riúer DGraúuateú Payment Riúer Association Recapture Notice
By SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in this Security Instrument
lOd in any rider(s) executed by Borrower and recorded with it.
Witnesses:
(Seal)
-Borrowoe
(Seal)
-Borrower
(Seal)
(Seal)
-Borrower
-Borrower
,TATE OF IDAHO, ADA County ss:
On this day of " before me.
. a Notary Public in and for said county and state. personally appeared JACOB S. GROSS and ANDREA L.
:;ROSS, known or proved to me to be the person(s) who executed the foregoing instrument, and acknowledged to me that
he 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
Ibove written,
Notary Public residing at:
JMD 0207 (496) Page 6 of6
FHA Idaho Deed !Of Trust
",.
. ..~ I~::..'! :,(1.:\0
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RECC;.~'...":" : ,;, I;~;:~~~T OF
BYLAWS
OF
SADDLE VIEW ESTATES
HOMEOWNERS ASSOCIATION, INC"
....
..... ccons shà.ll be deeme waived't;' the extent necessary to pennit e
that during the course of such construction nothing shall be done which will result in a violaûon of
these restrictions upon completion of construction and all construction shall be diligently prosecuted
to completion, continuousìy and without delays.
6.22 Reconstruction. In any case where it is necessary to reconstruct a Cnit, the
reconstrucrion shall be prosecuted diligently, conrinuously and without deìays £.-om rime of conunencing
thereof until the structure is fully completed and painted, unless prevented by causes beyond controì
and only for such time as any such cause continues,
6.23 Fences, All fences shall be of vertical cedar design and construction. No chain-link
fences, grape stake fences or fences of basket weave design shall be allowed. Side fences on comer
Lots may extend only from the rear Lot line to rear line of the Unit. ;'¡O fence shall exceed six (6)
feet in height (6'), All fences shall meet requirements of the City and Ada County.
6.24 Plat Conditions. All covenants, conditions and restrictions and other matters set
forth on all recorded Plats, including the Properties. are incorporated by this reference and notice
is given as to all contentions of the recorded Plats.
6.25 Front and Side Yards, The front yard of each Lot and the side yard of any Lot which
is adjacent to a street must be planted with sod within twenty-one (21ì davs following substantial
completion or occupancy of a Unit. whichever shall first occur, or as soon thereaÎter as the weather
permits. All remaining portions of the yard area of each Lot must be planted with sod, seeded and/or
ìandscaped, within six í 6) mont,l¡s following occupancy of the Unit, The failure of the Owner to timely
comply with this Section shall constitute a failure to perform exterior maintenance. and the Association
and Declarant shall have all rights and remedies provided in this Declaration,
6.26 No DumnÍIle. No excavarion material, grass or yard clippings. rubbish, trash, gaz':-age
refuse or debris shall be placed or allowed to remain on any vacant or unimproved Lot, without the
prior written approval of Declarant or the Architectural Committee,
6.27 Common Walls and Fences. There is created, established and granted an easement
appurtenant to all Lots in the Properties for the placement of all common fences and walls, where
the fences or walls were originally installed by Declarant, regardless of whether the fences and walls
are located precišëlY-ijponÛlecoundary separating two (2) Lots. Those Owners who have a common
fence or wall ~h£ch adjoin th-elr Lots and effectively creates thi boundary line between tile Lots shall
equally have the right to use the fence or wall, and each shall have the exclusive right to the use
and the obligationsofm:áiriténánce of the interior surface of the fence or wall facing the Owner's
residence. Neìilier OWriersha1íélri\'e nails. screws, bolts or other objects moretÍiàn-l1ã:!fway through
any common fence or wall, or impair in any way the structural integrity of the common wall or fence.
In the event that any- portion of the common fence or wall. except the interior surface of one (1) side.
ls-àaÌ11agecl from any cause other tÌiãn-thè -acr-ornegligence-of-eitherparty;-ir.h.d:J Do; .o;pI....o;d or
rebuilt at their joint expense. In the event any portion of the common fence or wall is damaged by
the Owner o~ts. that Owner shall, at its expense, be responsible for the repair of
the damage te-the-fence-or-Wall.ln the event of a dispute arising in connection with a common boundary
,." ~""""--",,
-18-
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