Peterson, Eric
<!TY OF MERIDI~
COUNCIL MEMBERS
CHARLES M ROUNTREE
GLENN R. BENTLEY
RON ANDERSON
KEITH BIRD
ROBERT D. CORRIE
Mayor
PUBLIC WORKS I BUILDING DEPARTMENT
GARY D SMITH, P.E.
Public Works Director
June 2, 1999
Mr. Eric Peterson
1355 W. State St.
Meridiilll, Idaho 83642
RECEIVED
JUN - 3 1999
CITY OF MERIDIAN
RE: FENCE VARIANCE REQUEST - 1355 W. State St.
Dear Mr. Peterson:
The Fence Variilllce Committee of the City of Meridiilll met at 4:45 P.M., June 2, 1999, in City Hall to
consider your request for a fence setback variilllce.
After due consideration, the Committee decided to allow a variilllce request for you to construct a six (6)
foot tall wooden fence in your side street setback area, as shown on the attached sketch, subject to the
following:
I. The face of the fence shall be set a minimum of 10 feet from the yard-side edge of sidewalk along
N.W. 13th Avenue.
2. The ground area between the fence illld sidewalk shall be landscaped and maintained by you.
3. The board side of the fence shall face out toward the street.
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 this fence from the City of Meridian Building Department prior
to beginning construction. Please call for an inspection after this length of fence construction is
completed.
Thank you for complying with the City ordinance in requesting this variance.
sm¡g ~
Gary D. S~ PE
Chatrman, Fence Committee
Cc: File, Bldg. Inspector, City Clerk
200 EasI Carlton, Suite 100 . Meridian, Idaho 83642
Phone (208) 887-2211 . Fax (208)887-1297
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NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to 11-9-605 J. 10. Of the Revised
and Compiled Ordinances of the City of Meridian, that the Fence Variance
Committee of the City of Meridian will hold a public hearing at the Meridian City
Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 4:45 P.M. on June 2,
1999, for the purpose of reviewing and considering the application of Eric
Peterson for a variance from the Meridian Fence Ordinance at the property
legally described as follows: Lot #1, Block #3 of Navarro Place Subdivision and
known by the address 1355 W. State Street, Meridian, Idaho. The Applicant
proposes to reduce the required setback from 20 feet 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 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 18th day of May, 1999.
~~~
WILLIAM G. BERG, JR., I CLERK
.
.
CITY OF MERIDIAN
FENCE COMMITTEE MEETING
JUNE 2, 1999
AGENDA
FENCE COMMITTEE MEMBERS:
Mr. Gary Smith, P.E., City Engineer
Mr. Keith Bird, City Council Member
Mr. Bill Gordon, Chief of Police
Mr. Malcolm MacCoy, Planning and Zoning Chairman
ITEMS FOR REVIEW
4:30 GREG & LINDA DEHARD-REDUCE 20' SETBACK TO 10'.
4:45 ERIC PETERSON-REDUCE 20' SETBACK TO 10'.
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MAY 13 '99 14:52 FR CITY OF MERIDIAN
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84 4259 TO 3735999
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PHONE j(gß - / '73!
ADDRESS:
LEGAL DESCRIPI'ION OF POOPERrY:
BUIIDINGS, STREETS & PROPOSED FENCE:
SURROUNDING PROPERrY OWNERS: LIST OF ':~ MAILING ADDRESSES OF AIL PROPERl'Y
~ (FP.CM AtmŒ:NTIC TAX RECORDS OF . COUNTY) WI'ImN ~ HUNDRED (200)
FEEl' OF THE ~ EDUND¡¡;rES OF BEmG CONSIDERED:
DESCRIPI'ION OF REQUIREMEN'I'S
PE!<MIT THE PROPOSED FENCE:
0'
ATTACH APPLICATIoN FEE OF $
ATTACH STATEMENT THAT FEL\!CE IS
SUBDIVISION OR A. Copy OF THE RES
THE RESTRICrrVE COIlENANTS OF THE
S PERrAINING 'ID FENCES:
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RECEIVED BY
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State of Idaho
(Space Above This LIne for Recording Data)
LOAN NO. ]902,40
DEED OF TRUST
FHA Case No,
]2]-]67336]-703
THIS DEED OF TRUST ("Security Instrument") is made on J ul y 28, ] 998
The Grantor is ERIC PETERSON and JINNY PETERSON, HUS8AND AND WIFE
("Borrower"). The trustee is TRANSNATION TITLE & ESCROW, INC,
8665 W. EMERALD, STE. 200, BOISE, ID 83704
('Trustee"). The beneficiary is REPUBLIC MORTGAGE CORP., A UTAH CORPORATION
organized and existing under the laws of UTAH S1 ATE
whose address is 921 SOUTH ORCHARD, SUITE A, BOISE, ID 83705
("Lender"). Borrower owes Lenderthe principal sum of
One Hundred Six Thousand Seven Hundred Eighty Six Dollars and Zero Cents
Dollars (U,S.$ 106,786.00 ),
This debt is evidenced by Borrower's note dated the same date as this Security Inslrument ("Note"), which
provides for monthly payments, with the full debt, if not paid earlier, due and payable on
August I, 2028 . This Security Instrument secures to Lender: (a) the repayment of the debt
evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the
payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this
, which is
. and
fHA Idaho Deed 01 Trust. 4/96
Elf-4R(ID) ~6041
P'9' 1 019
ELECTRONIC LASEA FOAMS.INC, -10001327,0845
'"",',~
.
.
LOAN NO. 1902.40
Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security
Instrument and the Note, For this purpose, Borro,!"er irrevocably grants and conveys to the Trustee, in
trust, with power of sale, the following described property located in
ADA , County, Idaho:
LOT 1 IN BLOCK 3 OF NAVARRO PLACE SUBDIVISION, ACCORDING TO THE OFFICIAL
PLAT THEREOF, FILED IN BOOK 70 OF PLATS AT PAGE 7208, RECORDS OF ADA
COUNTY, IDAHO.
whichhastheaddressof 1355 W. STATE STREET,
MERIDIAN
Idaho 83642 [Zip Code] ("Property Address");
IStreet, City],
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 10 in this Security Instrument as
the "Property."
BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby con,veyed 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-unnorm
covenants wtth limited variations by jurisdiction to constitute a uniform security instrument covering real
property, .
Borrower and Lender covenant and agree as follows:
UNIFORM COVENANTS.
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, together wtth 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
FHA Case No. 121-1673361-703
ELF-4R(ID) 196041
P...2018
1"ltI.",~
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.
LOAN NO. 1902.40
I
Urban Development ("Secretary"). or in any year in which such premium wouid have been required if
Lender stili held the Securlly Instrument, each mo,nthly 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 the Secretary, these items
are called "Escrow Items" and the sums paid to Lender are caHed "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 be required for Borrower's escrow account under the Real Estate
Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulalions, 24 CFR
Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve
permitted by RESPA for unanticipaled 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 amounls held by Lender lor 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 is not sullicient to pay the Escrow Items when due, Lender may notify the Borrower
and require Borrower to make up the shortage as permUted by RESPA
The Escrow Funds are pledged as additional security for aH sums secured by this Security Instrument.
If Borrower tenders to Lender the fuH 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 obligated to pay to the Secretary, and Lender shaH promptly
refund any excess funds to Borrower. Immedialely prior to a foreclosure sale of the Property or its
acquisition by Lender, Borrower's account shall be credited with any balance remaining lor aH instaHments
for items (a), (b), and (c).
3, Application of Payments, All payments under paragraphs 1 and 2 shall be applied by Lender as
follows:
B.œ.. 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 lire, 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
Bf!!1. to late charges due under the Note.
4. Fire, Flood and Other Hazard Insurance. Borrower shaH Insure all improvements on the Property,
whether now in existence or'subsequently erected, against any hazards, casualties, and contingencies,
including fire. for which Lender requires insurance. This insurance shall be maintained in the amounts and
for the periods that Lender requires. Borrower shall also insure all improvements onthe 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.
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 part 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, first to any delinquent amounts applied in
FHA Case No, 121-1673361-703 ~
ElF-4R(ID) ~.O'I P'9'3019 'o""r" - 0 V
.
.
lOAN NO. 1902.40
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 the monthly payments which are referrea 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 ills.urance 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 alter 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 alter the date of occupancy, unless lender determines that requirement will cause undue
hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control.
Borrower shall notify lender of any extenuating circumstances, Borrower shall not commit waste or
destroy, damage or substantially change the Property or allow the Property to deleriorate, 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 II Borrower, during the loan application process, gave materially false or
inaccurate information or statements to lender (or failed to provide lender with any material Information) in
connection wilh the loan evidenced by the Note, including, but not limiled to, representations concerning
Borrower's occupancy of the Property as a principal residence. If this Securily Instrument is on a leasehold,
Borrower shall comply with the provisions of the lease, If Borrower acquires fee t¡t!elo the Property, the
leasehold and fee title shall not be merged unless lender agrees to the merger in writing.
6, Condemnation, The proceeds of any award or claim for damages, direcl or consequential, in
connection with any condemnation or other taking of any part of the Property, or for conveyance in place
of condemnation, are hereby assigned and shall be paid to lender to the extent of the full amount of the
indebtedness that remains unpaid under the Note and this Securily Instrument. lender shall apply such
proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any
delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principaL Any
application of the proceeds to the principal shall not extend or postpone the due date of the monthly
payments, which are relerred to in paragraph 2, or change the amount of such payments. Any excess
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.
7. Charges to Borrower and Protection of Lender's Rights in the Property, Borrower shall pay all
governmental or municipal charges, fines and Impositions that are not Included in paragraph 2. Borrower
shall pay these obligations on time directly to the entity which is owed the payment. .If failure to pay would
adversely affect lender's interest in the Property, 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 covenants 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, for
condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to
protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard
insurance and other items mentioned in paragraph 2.
FHACa.eNo. 121-1673361-703
ELF-4R(ID) (9""1
Page 4 01S
Inlll~"~
.
.
LOAN NO. 1902.40
Any amounts disbursed by Lender under this paragraph shali become an additional debt of Borrower
and be secured by this Security Instrument. These amounts shali bear interest from the date of
disbursement, at the Note rate, and at the option of lender, shali be immediately due and payable.
Borrower shali promptly discharge any lien, which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable
to. Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal
p'roceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures
from the holder of the lien an agreement satisfactory to Lender subordinating'the lien to this Security
Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority
over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shali 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 coliect 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 fuli of ali sums secured by this Security Instrument
if:
(i) Borrower defaults by failing to pay in fuli any monthly payment required by this Security
Instrument prior to or on the due dale of the next monthly payment, or
(ii) Borrower defaults by failing, for a period of thirty days, to perforln any other obligations
contained in this Security Instrument.
(b) Sale Without Credit Approval. Lender shall. if permitted by applicable law (including Seclion
341(d) of the Gam,St. Germain Depository Inst~utions Act of 1982,12 U.S.C. 1701j.3(d)) and wilh
the prior approval of the Secretary, require immediate payment in fuli of ali sums secured by this
Secur~y 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 descenl), and
(ii) 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 fuli and
foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if nol
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 fuli of ali sums secured by this
Secur~y Instrument. A written statement of any authorized agent of the Secretary dated subsequent
to 60 days from the date hereof, declining to insure this Secur~y Instrument and the Note, shall be
deemed conclusive proof of such ineligibli~y. Notwithstanding the foregoing, this option may not be
exercised by Lender when the Unavailability of insurance is solely due to Lender's failure to remit a
mortgage insurance premium to the Secretary.
10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in
full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This
right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument,
Borrower shali tender in a lump sum ali amounts required to bring Borrower's account current including, to ,
the extent they are obligations of Borrower under this Security Instrument, foreclosure co~sts and.
FHA Case No. 121-1673361-703 £1'
ELF-4R(ID) 19604) P,.,Sof' In;II,,~
.
.
LOAN NO. 1902.40
reasonable and customary attorneys' fees and expenses properly associaled with the loreclosure
proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures
shall remain in effect as if Lender had not requi/ed immediate payment in full. However, Lender is not
required to permit reinstatement If: (i) Lender has accepted reinstatement after the commencement of
foreclosure proceedings within two years immediately preceding the commencement of a current
foreclosure proceeding, (Ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii)
reinstatement will adversely affect the priority of the lien created by this Security instrument.
11. Borrower Not Released; Forbearance By Lender Not a Waiver.' Extension of the time of
payment or modification of amortization of the sums secured by this Security Instrument granted by Lender
to any successor in interest of Borrower shall not operate to release the liabilily of the original Borrower or
Borrower's successor in interest. Lender shall not be required to commence proceedings against any
successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums
secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's
successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of
or preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers, The covenants and
agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and
Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint
and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is
co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the
Property under the terms of this Security Inslrument; (b) is not personally obligated to pay the sums
secured by this Security instrument; and (c) agrees that lender and any other Borrower may agree to
extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrumenl
or the Note without that Borrower's consent.
13, Notices, Any notice to Borrower provided for in this Security Instrument shall be given by
delivering it or by mailing it by first class mail unless applicable law requires use of another method. The
notice shall be directed to the Property Address or any other address Borrower designates by notice to
Lender. Any notice to Lender shall be given by first class mail to Lender's address staled herein or any
address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall
be deemed to have been given to Borrower or Lender when given as provided in this paragraph,
14. Governing Law; Severability, This Security Instrument shall be governed by Federal law and the
iaw of the jurisdiction in which the Property is located. in the event that any provision or clause of this
Sec:urity Instrument or the Note conflicts with applicable law, such conflicl 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 Sec:urity 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, slorage,
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 appiy 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.
FHA Case No. 121-1673361-703
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LOAN NO. 1902.40
Borrower shall promptly give Lender wr~ten notice of any investigation, claim. demand. lawsuit or other
action by any governmental or regulatory age[1cy 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 promptiy take all necessary
remedial actions in accordance with Environmental Law. '
As used in this paragraph 16, "Hazardous Substances" are those substí\nces defined as toxic or
hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other
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 federai laws and laws of the jurisdiction where the Property is located lhal
reiate 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 renls and
revenues of fhe Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues
and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents, However,
prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security
Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the
benefit of Lençier and Borrower. This assignmenl of rents constitutes an absolule assignment and not an
assignment 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 entnied to collect and receive all of the rents of the Property; and (c) each
tenant of the Property shall pay all rents due 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 prevent Lender from exercising its rights under this paragraph 17.
Lender shall not be required to enter upon, take control of or mainlain the Property before or after
giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any
time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other
right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured
by the Security Instrument is paid in full.
18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9,
Lender 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
18, including, but not limited to, reasonable attorneys' fees and costs of title evidence,
If Lender invokes the power of sale, Lender shall execute or cause 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 notice 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 prescribed by applicable law to
Borrower and to the other persons prescribed by applicable taw. 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, shall sell the Property at public auction to the
highest bidder at the time and place under the terms designated in the notice of sale in one or more
FHA Case No. 121-1673361-703
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LOAN NO. 1902.40
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 place of any previously scheduled sale, Lender or
its designee may purchase the Property at any sale,'.
Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any
covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie
evidl:!nce of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in
the following order: (a) to all expenses of the sale, including, but not limited 10, reasonable Trustee's
and attorneys' fees; (b) to all sums.secured by this Security Instrument; and (c) any excess to the
persOn or persons legally entitled to it.
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 Secrl:!tary may invoke the nonjudicial
power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751
et seq.) by requesting a foreclosure commissioner designated under the Act to commence
foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall
deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or
applicable law,
19. Reconveyance. Upon payment of all sums secured by this Security Instrumenl, Lender shall
request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes
evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property
without warranty and without charge to the person or persons legally entnled to It. Such person or persons
shall pay any recordation costs.
20. Substitute Trustee, Lender may, for any reason or cause, from time to time remove Truslee 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 this Security Instrument. If one or more riders are executed by Borrower and recorded
together with this Security Instrument. the covenants of each such rider shall be incorporated into and shall
amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a
part of this Security Instrument.
[Check applicable box(es)].
0 Condominium Rider
0 Growing Equity Rider
DGraduated Payment Rider
0 Other [specify]
W Planned Unit Development Rider
FHA Case No. 121-1673361-703
ELF-4R(ID) ~60'J
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LOAN NO. 1902.40
BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument
and in any rider(s} executed by Borrower and reco[ded with it.
Witnesses: '
(Seal)
-Borrower
(Seal)
.Borrower
(Seal)
,Borrower
(Seal)
,Borrower
(Seal)
.Borrower
(Seal)
,Borrower
(Seal)
-Borrower
STATE OF IDAHO, ADA
County ss:
On this 28TH day of JULY, 1998 , before me, THE UNDERS 1 GNED
a Nolary Public in and for said county and state, personally appeared
ERIC PETERSON and JINNY PETERSON
known or proved to me to be the person(s) who executed the foregoing instrument, and acknowledged to
me that they 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 above written. .
Notary Public residing at:
FHA Case No. 121-1673361-703
ELF-4R(ID) ~'041
Pe,.9of9
TO:
TITLE/DEPARTMENT:
4 4259 TO 3735999
VALLEY' .
P.01/14
M.,or . "
ROBERT D, CORRIE
MAY 13 '99 14:52 FR CITY OF MEfII'lDIAN
. HUB OF
AG
CIT¥ 0
, >
~, 33'
. MER
Ph~no (208)
LEGAL DEPARTMENT
(208) 8S-.-.Õ"
CO".en M'mbe~
PUBLIC WORKS
BUILDING DEPARTMENT
(.OS) 8S7,22 II
CHARLES ROUNTREE
GLENN BEN'!1.EY
RON ANDERSON
KEITH BIRD
PLANNING ,~ND ZONING
DEPARTMENT
(208) 884-553,
R SHEET
DATE:~
CONFIDENTIAL: YES NO -c
TOTAL NUMBER OF PAGE$(INCL.OVER SHEET):~
l~~r'
!':r. "
FAX NUMBER: (208) 888-4218
PLEASE CALL US IF YOU [!)O NO
SUCCESSFULLY (208) 888-4433,