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Liquin, Brian QEEJQJ&J¡ . A Good Place to Live CITY OF MERIDIAN HUB OF TREASURE VALLEY . COUNCIL MEMBERS WALTW. MORROW, President RONALO R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY WILLIAM G. BERG. JR.. City Cle" JANICE L. SMITH. City Treasurer GARY O. SMITH, P.E., City Engineer BRUCE D. STUART, Water Wo"s Supt. JOHN T. SHAWCROFT, Wasle Water Supt. DENNIS J. SUMMERS. Po"s Supt. SHARI L. STILES, P & Z Adrnlnlslrelor PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL' GORDON, Police Chfer WAYNE G. CROOKSTON, JR" Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433' FAX (208) 887-4813 Public WorkslBuilding Departmen, (208) 887-2211 Motor VehicleIDrivers License (208) 888-4443 July 16, 1997 ROBERT D. CORRIE Mayor P' 7 COMMISSION JIM JOHNSON, Chalonan GREG OSLUND MAt.COLM MACCOY KEITH BORUP RON MANNING Mr. Brian Liquin 2140 N, Dixie Ave. Meridian, Idaho 83642 RE: FENCE VARIANCE REQUEST 2140 N. Dixie Ave. Dear. Mr. Liquin: The Fence Variance Committee of the City of Meridian met in your presence at 4:30 p.m. July 14, 1997, in City Hall to consider this request. After due consideration, the Committee decided to allow construction of a six (6) foot tall wooden fence in your side street setback area as shown on your sketch subject to: 1. The face of the fence shall be set eight (8) feet from your grass edge of sidewalk. 2. The area between the fence and sidewalk shall be landscaped and maintained by you. 3. The board side of the fence shall face E. Meadow Wood Drive. 4. The City of Meridian has no jurisdiction in the enforcement of the provisions of your subdivisions Protective Covenants. Since this is a variance to a provision of your covenants we suggest you also contact your Homeowners Association. 5. Please obtain a fence building permit from City Hall prior to beginning construction. Thank you for complying with the City ordinance in requesting this variance. is your booklet of information submitted for our review. Returned herewith S¡'IY' ~ Gary D~th, P.E. Chairman, Fence Committee cc: File City Clerk Building Inspector -~~ I I I I 1 I I I I . r~u~- I I } , } , / I f ! f .,-re f I I ( , f I r I: ( , iL': I I - ......--......~-~-...=-" --~-----..._~:~-"'-~....=-~=--, . . +t::=- N. 1!J1y"/€ ,4venl.f~ ., !!l ~ ~ ¡::. ~ ~ f 0 ~ ~, ~ " . ,< " ",.,f' : ¡~ \. r ,,:~:. :~';:~.: !~ ' ... .......::::" ':::'::. ~ ") : : ".~ """~ ,~ ,--, ,.. ~- ...~ - :",.: :~~<// ," ,s.,. '~' ," Q) ," ---r , , " : ~.~-.. , , -- - -~.,_h- . .., .. " ,'S ,", ------ I"""'" -""""'.' ¡. \'~""" ,01 =..1 '"~Ç "~~'-"" - ~I'-, """'1 û I"'" . . CITY OF MERIDIAN 33 E. IDAHO MERIDIAN, ID 83642 FENCE VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) APPLICANT NAME: Bt2-\Á.J L- LlQV'rJ PHONE (zoeJ !\~n-<;~'O ADDRESS: 21'-\0 t>1\<."" """):, t\.IDr2--n-( LMe12-""'A"¡ ') cmNERS NAME & ADDRESS: (If different than above) SAME PRCOF OF cmNERSHIP: (COPY OF DEED OR OPTION MUST BE ATI'ACHED) LEGAL DESCRIPI'ION OF PROPERrY: writ II -ELK #- <; SUBDIVISION WII'JClA--r¡;: PRESENT USE & ZONING OF PROPERI'Y ¡¡'6S It> "'N n At.- SOŒMATIC DRAWING: ATrACH DRAWING SHc:mING BUILDINGS, STREETS & PROPOSED FENCE: SURROUNDING PROPERrY cmNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERTY cmNERS (FROM AUl'HENTIC TAX RECORDS OF ADA COUNTY) WITHIN 'IWJ HUNDRED (200) FEE:l' OF THE EXTERNAL BOUNDRIES OF THE !AND BEING CONSIDERED: DESCRIPI'ION OF REQUIREMENTS OF THE ORDrn'ANCE THAT NEED 'ID BE REDUCED 'ID PERMIT THE PROPOSED FENCE: """ "'-'0'-'1.-1> [..1"", -n..o" =' ""b1Õ '"...r:. 1>-6"'<1"'-6"""""""" (co"'",¡nL LP-r) l2-~~"æb 'TV B'. 01/"- sf"'-'.J,<'u;1<- $'1.."""1--1 ""'s ~ IN>'T1>I.-LÐ:> ASSUM'....sG. 'í'iE: 13' <¡;PAc., "'G>. AV~D, 1: CA...J SHOV-> 'T'--iA-r 51""""" bl..........,c=.e AI2-<:>~",r:. ou12- P1>-oPO5>tJ!>: r€",c.e.~$..",.", of C>11-!eR.- "'6~'I C ~ ÞRf'~O\lE'!» Cö"'....ec12- Lc>-rS--S~E ~""---"'C...H,I) ATrACH APPLICATION FEE OF $ 50~ ATrACH STATEMENT THAT FENCE IS ALWWED UNDER THE RESTRICTIVE COVENANTs OF THE SUBDIVISION OR A COPY OF THE RESTRICTIVE COVENANTS PERI'AINING 'ID FENCES: APPLICANTS SIGNATURE: ~~cJ~ DATE RECEIVED CCMITTI'EE HEARING DATE RECEIVED BY . . NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to 11-9-605 J, 10, of the. Revised and Compiled Ordinances of the City of Meridil;in, that the Fence Variance Committee of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho,st the hour of ~o'clock J:...M" on Mondav. Julv 14. 1997, for the purpose of reviewing and considering the Application of Brian Liauin for a variance fr'om the Meridian Fence Ordinance at the property legally described as follows: Lot 11, Block 5 Winaate Subdivision and known by the address 2140 Dixie Ave North Meridian, Idaho 83642. The Applicant proposed to reduce the reQuired distance from 20 feet to 8 feet. The public is welcome. Testimony, objections, and comments will be heard and considered by the Committee, A written decision of the Committee will be issued to the Applicant and any person requesting in writing a copy of the decision will be furnished one, Any aggrieved party may appeal the decision of the Committee directly to the Meridian City Council pursuant to Section 11-2-416 G, 1, DATED this 27th day of June ,1997. ~~~ WILLIAM G, BERG, JR" LERK I I I I I I I I I , r-' 1- . f I ¡ I I r } I ¡ I ,"B ! ! I' r t I , . ," ,< . « " " " , ."O, {' '., :, "'~:~ ~:';:;;; 1~ ' " ~~~~~'~,i/7 ," IL~.....-~,~--~-,--,""~-,",, --"'-~""'--"'--"~""'~"~~>«--"= ~~..-- \ ",,<!On . , " .'°> " ," -~ , "<"". , , , ,", .. ,.. ,", ,'"" 'f""",,',j> \'~"jg ,01 = "I 3o~C; ------ h.L~"""'-='I'V -="~'q 01"7 ~ --'" ~ 0007443922 [Space Above This Line For Recording Datal DEED OF TRUST THIS DEED OF TRUST ("Security Instrumem") is made on BRIAN L. LIQUIN & TAWNJ:A M, LIQtnN, HUSBAND & WIFE April 28 , 1997 , The grantor is ("Borrower"), The trustee is PIONEER TITLE COMPANY ("Trustee"), The beneficiary is FT MORTGAGE COMPANJ:ES D/B/A PREMIER MORTGAGE RESOURCES which is organized aDd existing UDder the laws of THE 'STATE OF KANSAS , and whose address is 2345 GRAMD AVE, STE 2200, KANSAS CITY, MO 64108 ('Lender"), Borrower owes Lender the principal sum of NINETY TWO THOI1SAND NINE HtJNI)RED & 00/100 Dollars (U,S, $ 92,900,00 ), This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for mDnthiy payments, with the full debt, if not paid earlier, due aDd payable on IfAY 1, 2027 , This Security Instrument secures to Leeder: (a) the repayment of the debt evidenced by the Note, with interest, aDd all renewals, extensiDns aDd modifications of the Note; (b) the payment of all other sums, with interest, advanced WIder paragraph 7 to protect the security of this Security Instrument; and (c) the performance of BDITDWer'S covenants aDd agreements WIder this Security Instrumem and, the Note, For this ptlIpDse, Borrower irrevDcably grants and conveys to Trustee, in trust, with power of sale, the follDwing described property located in Ada COWlty, Idaho: LOT 11 IN BLOClt 5 OF WINGATE PLACE StlBDIVISION NO.2, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 72 OF PLATS AT PAGES 7423 AND 7424, RECORDS OF ADA COUNTY, IDAHO. which has the address Df 2140 DIXIE AVENDE, MERIDIAN Idaho 83642 ("PrDperty Address"); [Zip Code] Parcel No. IDAHO - Single Family - FNMAIF1ILMC UNIFORM INSl'RUMENT ^ ....,.61t(ID) (9105).01 Form30139/90 I Amended 5/91 VMP MORTGAGE FORMS - (313)293,8100 - (010)521-7291 "'go! ,f6 '"iti." ~,Ji) [Street,CiIY], IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII TOGETHER WITH all the imprAents now or hereafter erected on the prope~and all easements, appurtenances, and fixtures now or hereafter a part of the property, All replacements and additions shall alsD be covered by this Security Iostrument, All of the foregDing is refened tD in this Security Instrument as the "Property." , BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and bas the right to grant and cDnvey the Property and that the Property is unencumbered, except for' em:umbrances of record, BDITDWer warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances Df record, THIS SECURITY INSTRUMENT combines uniform covenants for natiODai use and non-uniform covenants with limited variations by jurisdiction to coostitute a uniform security instrument CDvering real property. UNIFORM COVENANTS. BOITDWer and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges, BOITDWer shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late cbarges due under the NDte, 2. Funds for Taxes and Iosurance, Subject tD applicable law or to a written waiver by Lender, BoITower shall pay tD Lender Dn the day montlùy payments are due under the NDte, until the NDte is paid in full, a sum ("Funds") fDr: (a) yearly taxes and assessments which may attain priDrity over this Security Iostrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flDOd iosurance premiums, if any; (e) yearly mortgage iosurance premiums, if any; and (I) any sums payable by Borrower to Lender, inaccordance with the provisiDOS of paragraph 8, in lieu Df the payment of mortgage insurance premiums, These items are called "Escrow Items," Lender may, at any time, cDllect and hold Funds in an amount not to exceed the maximum amount a lender fDr a federally related mDrtgage loan may require for BDITOWer's escrow account under the federal Real Estate Settlement Procedures Act Df 1974 as amended from time to time, 12 U,S,C. Section 2601 et seq, ("RESPA"), unless another law that applies tD the Funds sets a lesser amount, If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lendet may estimate the amount of Funds due Dn the basis Df current data and reasonable estimates Df expenditures of future Escrow Items or otherwise in accDrdance with applicable law, The Funds shall be held in an institutiDn whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not cbarge BOITDWer for hDlding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds aDd applicable law permits Lender to make such a charge, However, Lender may require Borrower to pay a one-time charge for ao independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law prDvides otherwise, Unless ao agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest, Dr earnings on the Funds, BoITower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give tD Borrower, without charge, an annual accounting of the Funds, shDwing credits and debits to the Funds aDd the purpose for which each debit to the Funds was made, The Funds are pledged as additiooal security for all sums secured by this Security Instrument, If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall acCDunl to BoITower fDr the excess Funds in accordance with the requirements Dfapplicable law, If the amount of the Funds held by Lender at any time is not sufficient tD pay the Escrow Items when due, Lender may SD notify BDITOWer in writing, and, in such case BoITower shall pay to Lender the amount necessary to make up the deficiency, BDrrower shall make up the deficiency in nD mDre than tWelve mDnthIy payments, at Lender's sole discretion, UpDn payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to BOITDWer aoy Funds held by Lender, If, under paragraph 21, Lender shall acquire or sell the Property, Lender. prior tD the acquisitiDn or sale of the Property, ,shall apply any Funds held by Lender at the time Df acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs I and 2 shall be applied: first, to any prepayment charges due under the' Note; second, to amounts payable under paragraph 2; third, tD interest due; fourth, to principal due; and last, tD any late charges due under the Note, 4. Charges; Liens. BOITDWer shall pay all taxes, assessments, charges, fines and impOSitiDns attributable to the Property which may attain priority over this Security Instrument, aDd leasehold payments or ground rents, if any, BDrrower shall pay these obligations in the manner provided in paragraph 2, Dr if not paid in that lnanner, BorrDwer shall pay them on time directly to the persDn owed payment, BDrrower shall promptly funúsh tD Lender all notices Df amDunts tD be paid under this paragraph, If BDITOWer makes these payments directly, BOITDWer shall promptly funúsh 10 Lender receipts evidencing the payments, Borrower shall promptly discharge any lien which bas priority over this Security Instrument unless BDrrower: (a) agrees in writing to the payment of the DbligatiDn secured by the lien in a manner acceptable to Lender; (b) contests in gDod 'faith the lien by, or defends against enfDrcement of the lien in, legal prDceedings which in the Lender's Dpinion Dperate to prevent the enforcement Df the lien; or (c) secures from the holder of the lien ari agreement satisfactory tD Lender subDrdinating the lien to this Security Instrument. If Lender determines that any pan of the Property is subject to a lien which may attain priDrity Dver this Security Instrument, Lender may give Borrower a notice idemifying the lien. BorrDwer shall satisfy the lien Dr take Dne Dr more of the actions set forth above within 10 days of the giving Df nDtice, ^ ....,,6R(ID) (9IIJS),OI I ....'.r6 Form 3013 9/90 f,I,'.", Tt.L--_.j¿;l, 5, Hazard or PrDperty Insurance.orrDwer shall keep the improvements now exfmg or hereafter erected on the PrDperty insared against loss by fire, hazard. included within the term "extended coverage" and any other hazard., including flood. or flooding, for whieh Lender requires insurançe, This insuranee shall be maintained In the antDunts and fDr the periDda that Lender , requires. The Insurance carrier provIding the IMUI'ance shall be chOllcn by Borrower subject to Lender's approval which shall not b. UBfOll&ooably wldtlulld. It ao"Owel tall. Ie malmalø eOYela.. de...1botI ahoYe, Lem\., may, al lARd.,'. opIlOR, oblalR coverage to protect Lender's rights in the Property In accordance with paragraph 7, All insurance policies and renewals shaIl be acceptable tD Lender and shall Include a standard mortgage clause, Lender shall have the right to hDld the policies and renewals, If Lender requires, Borrower shall promptly give to Lender alt receipts of paid preDÚwns and renewal notices, In the event Df IDSS, Borrower shall give prDmpt nDtice tD the insurance carrier and Lender, Lender may make proof Df loss if not made prDmptly by BorrDwer, Unless Lender and Borrower otherwise agree In writing, insurance proceeds shall be' applied to restDration Dr repair of the Property damaged, if the restoration or repair is econoDÚcally feasible and Lender's security is not lessened, If the restoration or repair is not ecDnDDÚcally feasible Dr Lender's security would be lessened, the insurance prDceeds shall be applied tD the swns secured by this Security Instrument, whether Dr not thoo due, with any excess paid tD Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice frDm Lender that the insurance carrier has offered tD settle a claim, then Lender may cDllect the insurance proceeds, Lender may use the prDceeds tD repair or restDre the Property or to pay sums secured by this Security Instrument, whether or not then due, The 30-<lay period will begin when the notice is giyen, Unless Lender and Borrower otherwise agree in writing, any applicatiDn of proceeds to' principal shall not extend Dr postpone the due date of the monthly payments referred to in paragraphs I and 2 Dr change the amount of the payments, If under paragraph 21 the Property is acquired by Lender, BDrrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass tD Lender tD the extent of the sums secured by this Security Instrument immediately prior to the acquisitiDn, 6, Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholda. BorrDwer shall occupy, establish, and use the Property as BorrDwer's principal residence within sixty days after the execution of this Security Instrument and shaIl continue to occupy the Property as Borrower's principal residence for at least one year after the date Df Dccupancy, unless Lender Dtherwise agrees in writing, which consent shaIl nDt be Wll'easonably withheld, or unless extenuating circwnstances exist which are beyond Borrower's contrDI. BDrrDwer shall nDt destroy, damage or impair the Property, allow the Property to deteriorate, Dr commit waste Dn the Property, BorrDwer shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's gDod faith judgment could result in forfeiture Df the Property or otherwise materially impair the lien created by this Security Instrument Dr Lender's security interest, BorrDwer may cure such a default and reinstate, as provided in paragraph 18, by causing the action or prDceeding tD be disDÚssed with a ruling that, in Lender's gDDd faith determination, precludes fDrfeiture Df the Borrower's interest in the Property or other material impainnent of the lien created by this Security Instrument Dr Lender's security interest, BorrDwer shall alSD be in default if Borrower, during the loan applicatiDn prDcess, gave materially false Dr inaccurate infDnnation or statemoots to Lender (Dr failed to provide Lender with any material infonnatiDn) in cDnnection with the loan evidenced by the NDte, including, but not liDÚted to, representations concenting BDrrDwer's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehDId, Borrower shall comply with all the provisions Df the lease. If BorrDwer acquires fee title tD the Property, the leasehold and the fee title shall not merge unless Lender agrees tD the merger in writing, 7. Protection of Lender's Rights in the Property, If BorrDwer fails to perfonn the CDvenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture Dr to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs, Although Lender may take actiDn under this paragraph 7, Lender does nDt have tD do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of BDrrower secured by this Security Instrument, Unless BDrrower and Lender agree to Dther terms Df paymoot, these amounts shall bear interest frDm the date Df disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to BDrrower requesting payment. 8. Mortgage Insurance, If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the preDÚwns required to maintain the mortgage insurance in effect, If, for any reason, the mortgage insurance cDverage required by Lender lapses or ceases to be in effect, Borrower shall pay the preDÚwns required 10 Dbtain coverage substantially equivalent tD the mortgage insuraoce previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance prevíDusly in effect, from an alternate mDrtgage insurer approved by Lender. If substantially equivalent mongage insurance coverage is nDt available, Borrower shall pay to Lender each month a sum equal 10 one-tWelfth Df the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect, Lender will accept, use and retain these payments as a IDSS reserve in lieu Df mortgage insurance, Loss reserve ^ --..6R(ID) ("F,OI ",."",. Fnnn 3013 9/90 "',"',, 'B/Á/..if-., payments may no longer be required, a option Df Lender, if mortgage insurance c'-age (in the amount aod for the period that Lender requires) provided by 30 insurer approved by Leeder again becDmes available aod is obtained, BDrrDwer shall pay the prtmiums required to maintain mDrtgage insurance in effect, Dr tD provide a loss reserve, until the requirement for mortgage , insuraoce ends in accordaoce with aoy written agreement between Borrower aod Lender or applicable law, 9, Inspection. Lender or its agent may make reasonable entties upon and inspections of the Property, Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection, 10. Condemnation. The proceeds of any award or claim fDr damages, direct Dr consequential, in connection with any condemnation or other taking of any pan of the Property, or for conveyance in lieu of cDndemnation, are hereby assigned aod shall be paid to Lender, In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to BorrDwer, In the event of a ,partial taking Df the Property in wlúch the fair market value Df the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amDunt of the proceeds multiplied by the follDwing fractiDn: (a) the tDtal amount of the sums secured immediately before the taking, divided by (b) the fair market value of the PrDperty immediately before the taking, Any balance shall be paid to Borrower. In the event Df a partial taking of the PrDperty in wlúch the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless BorrDwer aod Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due, If the Property is abandoned by Borrower, or if, after nonce by Leeder to BDrrower that the condemnor offers to make 30 award or settle a claim for damages, Borrower fails tD respond to Lender within 30 days after the date the notice is given, Lender is authorized tD collect aod apply the proceeds, at its option, either to restoration Dr repair Df the Property or to the sums secured by this Security Instrument, whether Dr not then due, Urness Lender aod BDrrDwer otherwise agree in writing, aoy application of proceeds tD principal shall not extend or postpone the due date Df the mDnthIy payments referred tD in paragraphs 1 and 2 or change the amount Df such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension Df the time for payment Dr modification of amDrtization Df the sums secured by this Security Instrument graoted by Lender tD any successDr in interest of BorrDwer shall not Dperate to release the liability of the original Borrower Dr BorrDwer's successors in interest, Lender shall not be required to cDmmence proceedings against any SUcceSSDr in interest or refuse tDextend time for payment or Dtherwise modify amDrtizanon of the sums secured by this Security Instrument by reason of any demand made by the Driginal BorrDwer or Borrower's successors in interest, Any fDrbearance by Lender in exercising aoy right Dr remedy shall not be a waiver DrOr preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liahility; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors aod assigns of Leeder aod Borrower, subject to the provisions of paragraph 17, BDrrDwer's covenants aod agreements shall be jDint 'and several. Any BDrrDwer who co-signs this Security Instrument but does not execute the NDte: (a) is co-sigoing this Security Instrument DnIy to ,mDrtgage. grant and cDnvey that BDrrDwer's interest in the Property under the terms Df this Security Instrument; (b) is not personally Dbligated to pay the sums secured by this Security Instrument; aod (c) agrees that Lender and any other BorrDwer may agree tD extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument Dr the Note without that Borrower's consent, 13. Loan Charges, If the IDan secured by this Security InstrumeDt is subject to a law wlúch sets maximum loan charges, and that law is finally interpreted SD that the interest or other loan charges collected or to be collected in connection with the 1030 exceed the permined limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already cDllected from BDrrower which exceeded permitted limits will be refunded to Borrower, Lender may choDse to make this refund by reducing the principal owed under the Note or by making a direct payment to BDrrower. If a refund reduces principal, the reduction will he treated as a panial prepayment without any prepayment charge under the Note, 14. Notices. Any notice to BorrDwer provided fDr in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use Df another method, The nDtice shall be directed tD the Property Address Dr aoy Dther address BorrDwer designates by notice to Lender, Any nDtice to Lender shall be given by first class mail to Lender's address stated herein Dr any Dther address Lender designates by nDtice to Borrower, Any notice provided fDr in this Security Instrument shall he deemed tD have been given to Borrower or Lender when given as prDvided in this paragraph, 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdicnon in wlúch the Property is located. In the event that any provision or clause of this Security Instrument or the Note cDnflicts with applicable law, such conflict shall not affect other prDvisions of this Security Instrument Dr the Note wlúch coo be given effect without the conflicting prDYision, TD this end the provisions Df this Security Instrument and the Note are declared to be severable, ^ .......6R(ID) (911",01 """of' Fnnn 3013 9/90 I'i'i'"'~,j!' ~ ~ 16, Borrower's CDPY. Borrower. be given one conformed copy of the NDte ~this Security lostrument, , 17. 1 'ransfer of the Property or a Beneficial Interest in Borrower. If all or any part Df the Property or any interest in it is sold Dr transferred (or if a beneficial interest in Borrower is sold or transferred and BDrrower is nDt a natural persDn) without - Lender's prior written consent, Lender may, at its option, require innnedia1i: payment in full of all sums secured by this Security Instrument. HDwever, this option shall not be exercised by Lender if exercise is proIu'bited by federal law as Df the date of this Security lostrument, If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered Dr mailed within which BDrrower must pay all sums secured by this Security Instrument, If BDrrDwer fails to pay these sums prior to the expiration of this period, Lender may invDke any remedies pemùtted by this Security Instnm1ent without further notice or demand on BDrrower, 18, Borrower's Right to Reinstate, If BDrrDwer meets certain conditions, BorrDwer shall have the right to have eoforcement Df this Security lostnm1ent discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment eoforcing this Security lostrument, Those conditiDns are that Borrower: (a) pays Lender all sums which then would be due under this Security lostnm1ent and the Note as if no acceleration had occurred; (b) cures aoy default Df any other CDvenants or agreements; (c) pays all expenses incurred in enforcing this Security lostrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation tD pay the sums secured by this Security Instrument shall continue unchanged, Upon reinstatement by BDrrower, this Security lostrument aod the obligations secured hereby shall remain fully effective as if no acceleration had occurred, However, this right to reinstate shall not apply in the case of acceleration under paragraph 17, 19, Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to BDrrDwer. A sale may result in a change in the entity (known as the "Loao Servicer") that collects monthly payments doe under the NDte and this Security lostrument. There alsD may be one or more changes of the Loao Servicer unrelated to a sale of the Note, If there is a change Df the Loan Servicer, Borrower will be given written notice of the chaoge in accordance with paragraph 14 above and applicable law, The notice will state the name aod address of the new Loan Servicer aod the address to which payments shDUld be made. The notice will also contain any Dther information required by applicable law, , 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disPDSal, storage, or release of aoy Hazardous Substances on or in the Property. Borrower shall not do, nor aIlDW aoyone 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 smaIl quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and tD maintenance of the Property, BDrrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit Dr other action by aoy governmental or regulatory agency or private party invDIving the Property and aoy Hazardous Substance Dr Environmental Law of which Borrower bas actua1 knowledge, If Borrower learns, or is notified by any governmental or regulatory authority, that aoy removal Dr Dther remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall prDmptly take all necessary remedial actions in accordance with Enviromnental Law, As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardDus substances by EnvirDnmental Law aDd the fDlIowing substances: gasDIine, lœrDsene, other flammable or toxic petrDleum prDducts, IDxic pesticides and herbicides, volatile sDlvents, materials containing asbestos or formaldehyde, and radioactive materials, As used in this paragraph 20, "Enviromnenta1 Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety Dr environmental protection, ' NON-UNifORM COVENANTS, Borrower aDd Lender further covenaot and agree as follDWS: 21. Acceleration; Remedies, Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Seeurity Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise), The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in aceeleratiDn of the sums secured by this Security Instrument and sale of the Property, The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not eured on or before the date specified in the notice, Lender, at its option, may require Immediate payment in full of all sums secured by this Security Instrwnent without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedIes provided in this paragraph 21, including, but not limited to, reasonable attorneys' fees and costs of title evidence, If Lender invokes the power of sale, Lender shall execute or eause Trustee to execute written notice of the occurrence of an event of default and of Lender's election to cause the Property to be sold, and shall cause such nDtice to be recorded in each county in which any part of the Property is located. Lender or Trustee shall mail copies of the notice as preseribed by applicable law to Borrower and to other persons prescribed by applicable law, Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. After the time required by applicable law, Trustee, without demand on Borrower. shaII sell the Property at public anction to the highest bidder at the tUne and place and under the terms designated in the notice of sale Û1 one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of'the Property by public announcement at the time and plaee of any previously scheduled sale. Lender or its desIgnee may purchase the Property at any sale, ^ -.;6R(ID) ("r),01 ","",r6 Form 30t3 9/90 ";,;.,,,f!,i.L.-c,:(,;t,. . . 0007443922 PLANNED UNIT DEVELOPMENT RIDER THIS PLANNED UNIT DEVELOPMENT RIDER is made this 28th day of April 1997 , and is incorporated into and shall be deemed to amend and supplement Ihe Mortgage, Deed of Trust or Security Deed (lhe "Security Instrument") Df Ihe same date, given by the undersigned (lhe "BDrrower") to secure Borrower's Note tD FT MORTGAGE COMPANIES D/B/A PREMIER MORTGAGE RESOURCES Df Ihe same date and covering Ihe Property described in Ihe Security Instrument and located at: (lhe "Lender") 2140 DIXIE AVENUE, MERIDIAN, ID 83642 [Property Add....] The Property includes, but is not limited 10, a parcel of land improved wilh a dwelling, togelher wilh olher such parcels and certain CDmrnDn areas and facilities, as described in COVENANTS, CONDITIONS AND RESTRICTIONS The Property is a part of a plaoned unit development mown as WINGATE PLACE NO.2 (lhe "DeclaratiDn"), [Name of Planned Unit Development] (lhe "PUD"). The Property alsD includes Borrower's interest in the hDmeDwners association or equivalent entity Dwning or managing the CDmmon areas and facilities of the PUD (the "Owners Association") and Ihe uses, benefits and proceeds of Borrower's interest, PUn COVENANTS, In addition to the covenants and agreements made in the Security Iostrument, BorrDwer and Lender further covenant and agree as follows: A, PUD Obligatioos. Borrower shall peñDnn all of Borrower's obligatioos under the PUD's Coostituent Documents, The "Coostituent Documents" are Ihe: (i) Declaration; (ii) articles Df incorporation, trust instrument or any equivalent document which creates Ihe Owners AssociatiDn; and (üi) any by-laws or olher rules or regulatiDos Df Ihe Owners Association, Borrower shall promptly pay, when due, all dues and, assessments imposed pursuant to Ihe Coostituent Documents, B. Hazard Insurance. SD long as Ihe Owners Association maintains, wilh a generally accepted iosurance carrier, a "master" or "blanket" policy insuring Ihe Property which is satisfactory to Lender and which prDvides insurance coverage in the amDunts, for Ihe periods, and against Ihe hazards Lender requires, iocluding fire and hazards included within Ihe term "extended coverage," Ihen: (i) Lender waives Ihe provision in UnifDnn Covenant 2 for the mDnthly payment tD Lender of Ihe yearly premium installments for hazard insurance Dn Ihe Property: and (ii) BDrrDwer's obligation under Unifonn Covenant 5 to maimain hazard insurance coverage on Ihe Property is deemed satisfied to the extent that the required coverage is prDvided by Ihe Owners AssDciation policy, BDrrower shall give Lender prompt notice of any lapse in required hazard iosurance coverage provided by the master or blanket policy, In Ihe event Df a distributiDn Df hazard insurance proceeds in lieu of restoration or repair following a loss to Ihe Property, or to comrnDn areas and facilities Df Ihe PUD, any proceeds payable toBDrrower are hereby assigned and shall be paid to Lender, Lender shall apply Ihe proceeds to the SUIIIB secured by Ihe Security Iostrument, wilh any excess paid to Borrower, C, Public Liability Iosurance. Borrower shall take such actions as may be reasonable to iosure that Ihe Owners Association maintaios a public liability insurance policy acceptable in fDnn, amount, and extent of cDverage tD Lender, MVLTISTATE PUD RIDER. Single Fnmily - Fannie MaeJFreddie Mae UNIFORM INSTRUMENT Fonn 3150 9/90 _-7<910') "" I", VMP MORTOAGE FORMS - "13)293-8100- (800)521-7291 I";';""~- . . D. CondemnatiDn. The prDceeds of any award or claim for damages, direct or consequential, payable to Borrower in connection with any cDndenmation or Dther takiJ!g Df all Dr any part of the Property or the common areas and facilities of the PUD, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid tD Lender, Such proceeds shall be applied by LeDder to the sums secured by the Security Instrument as provided in Uniform CDvenant 10, E. Lender's Prior Consent, Borrower shall not, except after notice tD Lender and with Lender's prior written consent, either partition Dr subdivide the PrDperty or cDnsent to: (i) the abandonment Dr termination Df the PUD, except for abandonment or termination required by law in the case of substantial destructiDn by fire or Dther casualty Dr in the case Df a taking by condemnatiDn or eminent domain; (ii) any amendment to any provision Df the "CDnstituent DDcuments" if the provision is for the express benefit of Lender; (Hi) terminatiDn Df professional management and assumptiOD of self-management of the Owners Association; or (iv) any action which would have the effect of rendering the public liability insurance cDverage maintained by the Owners Association unacceptable to Lender, F. Remedies. If Borrower does nDt pay PUD dues and assessments when due. then Lender may pay them. Any amounts disbursed by Lender under this paragraph F shall become additiDnai debt of Borrower secured by the Security Instrument, Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the NDte rate and shall be payable, with interest, upon notice from Lender to BDrrower requesting payment. BY SIGNING BELOW, BDrrDwer accepts and agrees tD the terms and provisions contained in this PUD Rider, -Lh wn.t!L -tlA TAWNIA M. LIQUIN cs~JjJ~~ BRIAN L, LIQUIN , d.J9I~j,A'V (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower 0.,-7(910s) "'S,2,(2 Fonn 3t50 9/90 r--,C-'-, ~ ~ ~ ~ ~ I[ ~ Ii ~ Ii ~ Ii ~ J -~ II ~ ~ ~ I I ~ I ,') I I ~! - ß .J <i. ?- ,<'c ¡- --j)!- ~ 4 ii I:Û 0 ~ 1 {J 0 -2 uJ ~ uJ ~ LI 0 ... ~ . 1, -- ~=-" --- -0 ~ " '" -.... . . Brian Liquin Gordon & Margaret Wood P,o, Box 422 Meridian, ill 83680 Holton Homes 16209 Franklin Rd, Nampa , ill 83687 Regina Mendiola 2125 E. Chateau Dr, Meridian, ill 83642 Truax Co, P,O, Box 4597 Boise, ill 83711 Shelly & Gerald Maxfield 2135 Chateau Dr, Meridian, ill 83642 Lance Hatfield 2056 N, Whitter PI. Meridian, ill 83642 New Concept Development 35925 Arcaro Ave, Meridian, ill 83642 Construction Concepts, Inc, P,O. Box 104 Boise, ill 83701 Lori Bird 2086 E. Meadow Wood Dr, Meridian, ill 83642 Patrick & Cheryl McMonigle 1439 Shenandoah Dr, Boise, ill 83712 Wingate Partnership 13141 W, BluebonnetCt. Boise, ill 83713 Robert Brown 2199 SE 5th Way Meridian, ill 83642 Lee & Kelly Whitehead 2170 N. Laughridge Ave, Meridian, ill 83642 Albert & Maxine Monroe 9375 Lynwood Rd. Nampa, ill 83686 Elmer & Katherine Blades 1985 E, Meadow Wood Dr, Meridian, ill 83642 Cory Barton Construction P,O, Box 369 Meridian, ill 83680