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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 ~'O~. ~..:,.."..:."", .=,. <) ~i'; ~~ " ~:~r . - . ~ xr~. I ~ '-> " '" ~::;... I I ,<'-'1 0/2 "'~ ~~ ¡ ~~ ,,~>2 ~):t> . -'\'-' -,-:vç:'¡';-....c, ------ - -- ----. - Xu, ----, - . -~, /' : ": g t,\ - I j~ -- . . i! Irr:'-----~::.'r-"----\:~I'i-..,u:'~u.~1( ,',' 1 ',) 9: ,: :'."__l'::.,',1l--.. /: 1j' ;j ;O~ )'>"- ,.,/':--' ..':-:-=:~C_:_LI:_C:::-':--_:--:'.;'I'- ,! J3 i i j ""'Ii ,,/ ! ~ [ t> I;. ~ ,,' gi') :/\: VI;:, ": ~ - : :~¡¡>¡ : -0 t.. ~'~' ."¡'-fl~-~~o ~~~j[l> -11 ~ , ,:.':, /::;'ii,"""J. l~ IV " :~ '-- "J":J'/:'/~'¡'~ 1,; :~: ie, : :-/",--ou- .,~--_::-',,--:'~-:~: --.. w, --: /',::" ¡ UJ-F , ";1"" ,,:ï! ',"..', '/ ',,:2 I ì . "'-,' \¡~ ¡" ;"'1' -..1 : !',"'" ,',":,,'¡.¡ ~~ ..~~t,r':l:~~~;-~"~.-':r~l:,,--,,, ,,' ,.):j !~' r-----'- '," ".. '~'r I ", ""':', 1-- .., roO' I , .O:'.o:~' 1:,1'; ~:,,' "',"', , i ,,"~~~ ::" """,;' 1- :; ~ ~ : : " '-,: : .. ~uu', ",'. I ~,"~" '",i~~ ;'1 ",' "- ':' II i Ilo"e..:,Çr:'~') 'Î " , . " ,,"-, ::-" ¡ ì --+===.- ---- :.:¡ - --, .. ',- ',,: , I ! I, i-- -~/\; o-oz .. u- ---..u :-"\---~\ ' J ¡ " ,~,. ,/~~~n-~ ~¡I;,~ " / : ./"'- /' \ \ ~"L ~ ' l ------ ,/ 'i "i '\" ~~ "', ,/ i--""""--- ,/ : '" \\ ~~ // ~ ---, L : r,'" , / ,- -- -'--,- - .::;", " ---- ('/' ,-,o<;m )J:-;z.{>.&iN~'-'-'-'-' ~-'--'-'--'-' 0----- ~~ ~~ J~?~V aIP°\,¡) 'N 'I s. -ò êi, -,- tJ[ -:v I '. . . 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 vvvtA. frff~a ~ø ~ . . 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 <;¡:B,~, ! ..'--,'(' 12 "9 ~~~ ~~ ',.' .m " \""""",~~m:~}~ ~ r\: _.:,Î1- ~~'ll-- ,¡ ',c---c=rc-\i----}¡' ,. 1 J . ~ II /):"cc;i:L"~_c=:!:i~ ,'. : '.' g\'; : ^ : : ~;~ ' , ,i------Ji¡- ~-- "'7 --_._--_~:I , () '?~.,~ . . ' ..: / k ~~~ ;;J/70 II f).A: d" ¡:/-;-'~~---- ~(~:"~,:' :-,~; .- -- ---, --: /1"'" '¡,I ., -(~ ",0'" """" ~ J( ~~ '¡.:- ~:./ "~ I I ,",., r~'----~--~""'r" -,{ ~----:i",""7-1--¡ ,~~,,~-øt,!' -I-"--~'~~'::~,'i:-____;:I::,I ~ ~ ~: ',,: ' L L' '-, ~n: "-,: ~:J:J' '-, ' 1~~: ""',: '" ~ '"' " ',- ' : ' ~i -"o::-----~"- \ ì ~M ~ ;,'~~ ~ ~~9 '" "ò ~ ~qL ¡:: a:B ¿ \. ~T , ,,"\ \' ~~ '--~~----:~-~- ~1 ~.~ "'", / - ---- ------ ---- - ~'O1\ ~~,~ -/- 'L-, -""'w,- ...'- . . f~ ~i'; '>I a " ~ ~~ " . ~ I - - ;-" - --;- - - ----......---- ./ ' I ------ ./ }----------' / ~ ~~ ~~ ~B ..~i5 "; '" -- - ;::CÜ>;L1L )J:ÕZ.~&N--:--' ' ?IIV O\pl°CU 'N ~ " --'" -Q 'I:' 'ð -:0 ] -+- .g VI '0 , :~ ~ ~: (-, 2 jj ç .~ -- v5 ~ / . . 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 .... . . 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 '" . . 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 ". . . 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 . . (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 .,. . . 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 'J;:t¡~t}6 . . :E~ ~~~¿~~~ 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- <=5IM