The URL can be used to link to this page

1966-11-12Iteridian City Hall September 12, 1966 4eeting was called to order by the Mayor, Don M. Storey. Councilmen present: W. D. Skiver, Keith Ellis, Marvin Bodine, John Navarro. O thers Grant Ambrose, Orville V ncent Ralph Hunter, Gene Hiner, E er Lorah. Keith Ilia, Water Commissioner, $40.00 fe , which in some instances reported that in the past meters ad been installed for does not cover the costs involved. the y$ars T'he Works Sup't. stated that costs of materials have risen through so that the present charge is not sufficient, I T he Mayor suggested that a copy of the water rates be secured from Boise, Nampa and aldw ll so that additional studies can be pe rformed in relation to water rate schedules. The Ma or stated that a new tell is needed for next year and plans should be arranged accordingly. Mr. Ellis stated that in the rate change $2500.00 should be realized as a minimum in order to make the change effective, i engineers he Woks Sup't., Orville Vincent', was instructed to contactaffm stepto nand -Fiske, fix :who install d the digestor, an d ve them advise as to the proper the gas leaks in the top f the digester. There Lems to be seams and rack that allows the gas to escape. The RaS is used to eat the di ester effluents for P roperldigestion. reported that there seems o be andalism carried on alround i Bodine, Sanitation Co missioner,lwas instructed to check in area, suggested that the Elin Ave park be reseededihis fall s it It was the sewer plant. costs of weedy, and suggested rock throwing). Arvin o the enci g thi It was is very It wa hat he we ds be sprayed to kill the button be hired to do thi . weeds prior to reseeding. that 4onas 4ee merict Iry nailzepieWDer —. .. 12 drive John Navarro stated that along Wet 7th Street the carsare draggin in their 3ince the last oiling progr m. —ways It was decidedto have Wayne ri h the oiling Contractor to return and look this over o help in 11inding a solution. Fred Morford has requested permission to place a trailer house ad of ing his present trail r par4 and to be a part of his trailer park. sign d petition of property owners is filed with these minutes o fering permission for his Ase. otionwas made by W. D. Skiver suid seconded by Keith Ellis that M . Morford be allowed o Uso adjoining land to place a railer house, namely the land to the west o Mrs. Jewell's Ouse on Ea t 1st. Street, said 1 nd to be a part of his present t aile park passed: Skiver, yea; Ellis, yea; Bodine, yea; Navarrol', yea ks Sup't., Orville Vi)icent, was rotified that the street sweeping otion he Wo is not y steps to effective and is leaving too much liter and dirt, and try to take the n cessa 'Put the sweeper in proper repair to remedy this situation. The driver should get closer to he ciLrb wi the front sweeper broom and cut in and out closer to park d carE to be more effective in the sweeping also to swee the business area first to avoid parked cars. The Ce us Ceetificate was p esen ed by the Mayor showing an 'ncre tse of 65 people (ince the regular census of 1960 Lnut s. n thenew annexed areas. Certificate is fi ed with these Po Tbe F -di tor of the Times, Ralph sh' H11 lar, -complimented__thA .Ch adar_ mould -be -use Report of Treasurer of Meridian July, 1966 Bank Genal Water Fire St.0i1. Lib, Rea. Sewer 8&1.Fwd.347757.76 30965.26 7197.13 1696.86 5930.65 690.58 1277.28 9138.04 Rcpta. 19693.28 _12890.53 ^43559.79 5201P4�0 800.87 �5�, 187,31 x62? 2d9k.i0 Total 67451.04 10398.53 2497.73 7867.20 10,77.89 2053.90 11632.34 Diab, 9656.13, 6480.31 151436 43.66 - 91.43 152-607 70.00 Balance 57794.91 37075.48 8884-17 2454.07 7867.20 986.46 527.53 11562.34 Meridian City Hall. September 12, 1966 VOUCHER NC. DATE PUR SE FUN) AMOUNT 600 8-7-66 Melvin E. Rawlinson Patrolman General 109.01 601 1 Wright Uonstruction Co. General . 602 8,-15-& Adolph John Pfenenger Laborer General 93.00 03 Ef-15-66 Victor Morris Laborer General 48.00 Water 45.00- 96.00 604 -6-0-5-6-31-6 8-2946 Victor H. Morris Liborer General 96.00 Water 47.64 143.64 Meridian Auxillary PoMce-G-en-elia-I 16,2.0a 6" &31-66 Don . Storer M yor an General General 184.10 40.40 e s unc 608 8-31-66 John R. Navarro C unci an General 47.90 Wayne ver unc an ene a - 610 8t-31-66 Marvin R. Bodine C uncil an General 47.90 11 rv� a incen r s p ene a. 42T:IIu 612 8-31-66 Neal W. Hudson A sist t Wrok$ Supt. General 305.39 13 -Heraldox y r ene a 614 8-31-66 Herald J. Cox M ici 1 Judge Gene al 22.00 Gene D. hiner icea ene 6 8-31-66 Charles R. Stuart S . PaXlman General 354.62 Ural o eman y Trs& & Office General $ 31-66 Helen Ryker C eak-Ta ist General 182.23 ---.. 620 -66 $ 31-66 -Tr--ant L. Ambrose Roger Welker y Attorney F re Chief Fire 16.45 621 6�3 - ancy 6. Sage rare iff LILID r r y gi.43 622 8 31-66 Adolph J. Pfenenger Laborer Gene al 203.00 -Yloyd V. Eshelman U DorerGeneral 3 624 8 31-66,Riley S. Clarkson P rk Ir igation Gene al 38.32 'Security Life & Ace en GenerajL 62.855- 626 $ 31-66 Boise Ada Disposal C . General 56.70 628 8-31-66 son- a er Ford ZaIes, Inc, Storey Feed (' Seed Co. General • &-- 5.8Q -�5=45� Leess SprayService 630 8 31-66 Meridian Drug Center Gene al 3.60 632 8-31-66 ne 01I Goe Ray Pitman Oil Co. General • 28 131.38 634 8 31-66 ew behilerCo. Hibbs Laboratories General • Oe 10.00 636 8 31-66 Meridian ews Imes C. & S. Maintenance Gene al • 60.00 .57 Oo-.51-66 IU-aho Motor Repair =Q� 638 8-31-66 Vaughn's Water 39.90 Johnson, Under o er rz, General 7•fie 640 8--31-66 Hopper Electric Servi a General 10.50 b4l 0 -51 -bb omson 14idio Refrigera on Iron Co zqa6 71479.94 642 8 31-66 Pacific States Cast P pe ater b43 6 -31 -bb ce s • 644 8-31-66 City of Boise Criminal air Bulletin Ada County Weed Control General -- Uene al 117.00 646 8-31-66 O 131.25 oun an a es Ta ep1 1$.$ Aire X117 6.44 648 8-31-66 Intermountain Gas Co. G -neral Fire 2.27 Yates -' - - 8.20 650 8-31-66 Arrowhead Machinery Supp y Co. ry - -- - - General --5��8� 90.17 z - 652 8-31-66 John & Bill's 'iervice General 24.57 654 8-51-66 8-31-66 Valley Imp emen Mountain States Telephone Gener 1 102.13 Fire 28.40 • 130.53 "655- 656 - - Gene al • 37.82 8-51-66 8-31-66 Meridian Drug Center Meridian Tire & Suppli 2. SArgent-Sawell, Inc, General 658 8-31-66 Some's Uni&rms, Inc. General 5.50 as __.Ge •75-- city of Meridian era! 660 8 31-66 City of Meridian C sh E ense General 21.59 mariAian Citer Hail September 12, 1966 VOUCHER NO. DATI -- PU ---- POSE FUND AMOUNT 1 8-3146 Boise school Bus C:). Recreation 410.00 6 6 2 3 8-31 $-31- 6 6 Norco Bodine Oil Co., Ina. ire Gene al • 9.33 6 6 4 5 -31- 8-31- 6 Ideal Gas Appliance Earl's Auto Part Genera General 28.97 6 6 7 -31- 8-3 6 Meridian Lumber, Boise Building up oal ply o. ene Gene a al 416.11 6 9 -31Ready-Mix 8-31- Meridian Gala a — en bene a al 1� 3.50 671 6 0 - 8-31 6 an Waters- oger Idaho Power -Co. , n General . --- 812.58 liter 189.76 Fre 7.07 1,019.4? 6 2 3 -31-Arden 8-31- 6 s 80mmuni Berliner 7 McGinnis tans Ueneral General 3.06 6 r-31 5 8-31- 6 eridian r ware Zoning Bulletin o9 Wate General 15.00 6 7 -31 8-3116 6 Idaho Pacific btee Don's Shell Serrtic Warehouse o.ene Gene a al 1.50 6 9 -31 8-3116 aul's Gonoco George F. Cake Co.1 re3-25 iGene al 35.15 6 0 1 6-31-66 8-31-06 Boise isposa Kalbus Office Supp y enera 11.73 Water 6.351 en6i.95 T 1$.08 6 2 3 -31 8-3146 Idaho a e ec r,ca Wilkin's Biacksmit4 ShopGene oar 1 ene al 8.50 6 5 -31 8-3146 e e r Consolidated Suppl re Co. o. Gene Wat a1 r 20-76 25.40 dotion wag Ik de_b.y- Jahn Marvin Bodine that the b lls as read be F Bodine, ea• Navarr yea* _�?*Rnt Ambrose. City Attorney, stated thit the lot containing the new str et West Carlton r e adjoining property ovine s. He de—red advice of +I-- m4ndl as to t the wishes of the Council were concerning 4(l f -A stre-t i D Skiver at West lton sS matter d by Keith Ellis that W on-the-propert Navarr_(o, the yo City owned dedicate a by the Cit tated it was necessary be entertained by the City o continue haj r a r alrea solution the swim- y entered ' n 6e to he fact that the City U Meridian City Hal] September 12_ 1966 into ala agreement to participate in thi ro am by maintaining th rou ds and swimming al. the D4iry Show t was discussed as to the advisailit of placing a fence between Grounds and Gity Park as cars are drivi across the parkthe Dairy Show Lrking lot. e fence that formerly was there —from was removed because people kept cuttin it to get throu h. y fence placed there would have be juite 4ubstantial to keep cars from breaking through. t he Mayor asked the Works a 't., Orvil a Vincent, concerning the surface well by Keller s Market. Mr. Vincent was 'nst cted o repair this well and get it operational. It I had pumped dry. fore the Council, the meeting st od adjourned. There eing no other business to come b APPROVED: A EST y C er 1 .,..W AUGUST 30 1556 F. E. MORFORD 1423 East First to: CITY OF MERIDIAN Meridian, Idaho _ PETITION BEAR114G APPROVAL SIGNATURES FROMADJACENT PROPERTY -OWNERS TO PERMIT FRAILER HOME PARKING ON FOLLOWING DESCRIBED PROPERTY: The West 90 feet of the following property: Beginning at the NE Corner of Block 4 of the Amended Plat of F A Nourse's Third Addition to Meridian, as recorded in Book 7 of Platsat Page 299, Records of Ada County, Idaho; thence S. along the E. line of said Block 4 a distance of 205Feet to the real place of beginni�,g; thence South along the East line of Block 4 a distance of lO feet; thence lest parallel to the North line of said Block 4 a distance of 223.3 Feet more or less to the North & South center line of said Block 4; thence North parallel with the East line of said Block 4 a distance of i0 Feet; thence East parallel with the North line of said Block to the place of beginning. Beginning at the NE Corner of Block 4 of the Amended Plat of F. A. Nourse's Third Addition to Meridian, recorded ir, Book 7 of Plats at page 299, Records of Ada County, Idaho; thence South along the East line of said Block 4 a distance of 145 feet to the real place of beginning; thence South along the East line of said Block 4 a distance of 60 feet, thence West parallel with the N. line of said Block 4 a distance of 223.3feet more or less to the North T South center line of said Block 4; thence North parallel 14ith the East line of Block 4 a distance of 60 feet; thence East parallel with the North line of Block 4 at thelpoint of beginning. Together with all water, water rights, ditches and ditch rights belonging thereto or used in connection therewith. CA.44 ' n U.S. DEPARTMENT OF COMMERCE BUREAU OF THE CENSUS WASHINGTON, D.C. 20233 --------------&q9U_ 9_L 10------------- -----, t 66 _1 I HEREBY CERTIFY That according to the official count of urns of the Special Census, taken as of ________________ - --------- hpopulation of the annexation since April Z, 1960, to the City of Meridi,w County of ,.,-Ada ---------------------------------------------- State --- ---- Idahg----------------------------- was--6-5 ---------- ------------------ The population was distributed as to 2: th Sexes Total Population.................. 65 Uiite.............., 65 Nonwhite ...... . ......Pogo. ... ti FORM SC -1019 FORMERLY 34-75 IT -19-551 Maw Female 34 31 34 31 ... .. . OR 0 op" ...ia A. Ross Eckler Director Bureau of the Census �EHt Or CO e '�r1r[i OF OFFICE OF THE DIRECTOR U.S. DEPARTMENT OF COMMERCE BUREAU OF THE CENSUS WASHINGTON. D.C. 26233 Honorable Don M. Storey Mayor, City of Meridian 728 Meridian Street Meridian, Idaho 836.2 Dear Mayor Storey: 'this is in reply to your letters of July 27 and will confirm the telephone conversation between Mr. Harald J. Cox, City Clerk, and a member of my staff on August 8. We are certifying only the population in the area annexed to the city since 19605 as you suggest, because the final count for the special census of the entire city did not exceed the 1960 census count by 50 or more persons. The enclosed certification showing the population in the annexed area has also been sent to the Honorable Arnold Williams, Secretary of State, and to Mr. G. Bryce Bennett, State Highway Engineer, Boise, Idaho. We cannot add the annexed area population to the cityls population as of April 1, 1960, because the figures are from two censuses at different times. The actual count of 2,027 was less than the estimated popu- lation on which the advance of $588 was based. Therefore, a refund of $36 is due the city. A Treasurer's check for that amount will be issued as soon as possible. Sincerely yours, 'LI L _ A. Ross Eckler Director Bureau of the Census Enclosure IN MM DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT OF TIM STATE: OF IDAHO, IN AND FOR THS COUNTY OP ADA '7 Ill FIRST FEDERAL SAVINGS AND ) LOM ASSOCIATION OP B01SB t a corporation, ) Plaintiff, ) VS. ARTHUR C. HOUSB and ? MRJORIE A. HOUSE,, husband ) and wife; VIRGIL D. =2 and VIRGINIA L. LUM, husband and wife; and � CITY OF IIBRIDiAN, ✓' Defendsats. ) Civil NO. SUMMONS THE STATB OF IDAHO S&NDS GRBBTINGS TO THE ABOW NAMBD DEF2NDANTS ARTHUR C. HOUSE and MWORIE A. HOUSB, hus- band and wife: YOU ARM HEREBY NOTIFIED That a complaint has been filed against you in the District Court of the Third Judiciftl District of the State of Idaho, in and for the County of Ada, by the above named plaintiff, and you are hereby directed to appear and plead to said complaint within twantyg days (20) of the service of this su ns; and you are further notified that unless you so appear and plead to said complaint within the time herein speci. fied, the plaintiff will take judgment against you as prayed in said complaint. WITMESS My hand and the seal of said District Court this- day of August, 1966. CLARaNCB A. PLANT IZ'dG , Clerk epu y C OUGHLAN & IMMIP? 222 North lath street Besse, Idaho Attorneys for plaintiff IIS THE DISTRICT COURT OF 1119 THIRD JUDICIAL DISTRICT OF THOB STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA FIRST FPDERAL SAVINGS AND } LOA'S ASSOCIATION OF BOISE, ) a3 corporsti.on, � Plaintiff, ) vs, ARTHUR C. HOUSE and V RtIORXE A. HI JSE, husband and wife; VIRGIL D. LUKE and VIRGINIA L. LUKE, hus- band and wife, and CITY OF NERIDIANP Civil No. - 1 $y Y;. peSU1Y COMES NOW The, plaintiff and for cause of action ` against they defendants, and each of thews, complains and alleges as follows: i. That First Federal Savings and Loan Association of Boise is now, and was at all times herein mentioaed, organized and in sxistenceA undor and by virtue of the laws of tho United States of America, with its office and prin- cipal place of business in Boise, Ads County, Idaho. it. That the defendants, Arthur C. House and Marjorie A. lxouse, acre now, and were at all tures herein mentioned, hus- band and wife; that the defendants, Virgil D. Luke and Vir- ginia L. Line, ars noir, and were at all times herein rentionesd, husband and wife, that the defendant, City of Meridian, is a municipal corporation situate in Ada County, Idaho, a city of a first Class wader they statutes and laws of than State of Idaho. That, on or about January 11, 1956, the defendants, Arthur G. House and Marjorie A. Noose, for valuable considera- tion, made, executed and delivered to First Federal Savings sad Loan Association of Bolsa, their promissory nate in writing. eehmaeln and Wh67eby said defendants promised to pay to plain- tiff the sum of $70450.0x, with interest thereon at the rate of 4-1/2% por annum on the monthly balances remaining from tine to time unpaid, and payable in monthly Installments of $41.41 each, convAencing on the first day of Fe ;ruaay 1956, and on the first day of each and every month thereafter Cantil prin- cipal and interest are fully paid; that a copy of said prov- Issory note, marked Exhibit "All, is attached hereto and hereby eaade a part hereof, in the some manner as if set forth in full .herein. IV. That at the time of the execution and delivery of the promissory note, attached hereto as Exhibit "A", and as a part of the same transaction, for value received, and to secure the payment of the principal sum of said nuts, together with interest thereon, attorney's fees, costs, charges of foreclosure, and any other indeht.udziess at any time secured by said nartgaga, the ntrtgagors made, executed, and de- livered to plaintiff, a cortai,n .ream. estate mortgage, in writing, bearing date of January 1.1, IM, which said mortgage was duly acknowledged and on January 13, 1955, was filed for •2- y 410 record in the office sof the County Recorder sof Ada County, Idaho, iu Book 275, of Mortgages, at Page 4771, wherein the said defendeunts, Arthur C. House and Marjorie A. douse. husband and wife, mortgaged, granted, conveyed, bargained, and sold to plaintiff the following -described renal property, vituates in the County of Ada, Mate of Idaehot to -wit: Lot 24 in block 2 of Wilson Addition to Meridia:n, according to the plat thereof filed In hzok 12 of Flats at page 701t records of Ada County, Idaho, except ditch rights-of-way. That a copy of said mortgage, marked Exhibit tag..P Is attached he"to and horaeby made a part hereof, in the sass jasnaea as if not forth In fall heroin; that the plain- tiff Is now, and as all tines sines Jawdary 11, I&Sb, has been the ou ner Lnd holder of zaid pronlasa ry note and the mo"gaga:, given as security to guarantea the faithful payment sof said note by the said defendants, according to their terms and conditions. V. That the defendants, Arthur C. Houses and manrjorie A. douse, have failed, neglected, and rofused to pay the monthly Installments duo undl-r the to a of said note far the months of April, flay, June, July, ,and August 1966, in the amount of $142.42 each; that the ftfendants are In do - fault for failure and refuael to pair the fnstallmeats of principal and Interest due under the terms of said note and meftgags, and by reason of said default and nonpayment of past darer installments, plaintiff hereby declaArans the whole sum of principal and interest expressed In said note and -3- rEl . ,tis . f.i141:IIIigl;ll��f�il �' �.l"' f EE rI1 Illi}Illi! jr l'Fi I I L I TIED Ii' f' �1 E $n I t :il .,1, 1i Y� t il,yl rll; ,Ila r X5.7 = .. rEl . ,tis . f.i141:IIIigl;ll��f�il �' �.l"' f EE rI1 Illi}Illi! jr l'Fi I I L I TIED Ii' f' �1 E $n I t :il .,1, 1i Y� t il,yl rll; ,Ila r R u aaorttage due and payable; that there is now due and owing to the plaintiff, tender the torahs of said note and mortgage. the principal suss sof $5,417.48, plus Interest thereon at the rate of 4 1/2 percent per annuls from March 1, 19660 no part of which principal and Interest has been paid. VI. That the plaintiff has paid to the Idaho Title Compaany, on August 11, 1966, the sun of $41.75 for a fore- closure report to be used in connection with this foreclosure actlean; that said suv is secured by said mortgage, and thane Is now duan and owing to the plaintiff from tho defendants, Arthur C. douse and Rar j arie A. House, for and on account of the costs of said foreclosure report, the sum of $42.75, to- gether with interest thereon at the rate of 6 percont from August 11, 1966. Vii. That the said note and mortgage, by their terms. provider that in case suit or action las instituted to collect said note, or any part thereof, or to foreclose said mortgage, the vortgagors will pay the mortgagees, its successors and assns, in addition to the coats and disbursements allowed by law, such additional suns as the court may adjudge reasonable attorney's fetes in said suit or action; that the plaintiff has agreed to pay its attorney a reasonable fee for his sar- vices in this action, and that the sum of $ZS9 is a reo-asonable fee to be allowed plaintiff as attorney's fees for services rendered herein. .4- Vill. That the defendants, Virg11 D. Luke and Virginla L. Lukas, husband and wife, claim so sight, titlo, estate, claim and/or interest in and to the real grororty in said mortgage heTeinbofore described by virtue of a certain warranty decd, dated May 22, 1957 and recorded. as Instrument No, 410647, records of Adan County, Idaho; that all right, title, claim, lien, interest and/or estaeto sof said dofeadants, af#rg11 D. Luke and Virginia: L. Luke, in and to said property, and each and ovary part and parcel thereof, undor and by virtue of said warranty deed or otherwise, is subsequent to, junior and inferior to, and subject to the lion of the roal estate mortguo herein preferred to and described, a cony of which Is attached hereto as Exhibit B. IX. That the defendant, City of RerLdiaan, claims some right, title, estate, claim and/or interest In and to the read prArorty is said mortgage, herelubefore dascribsd, undor and by virtue of aai certain right of dray easement dated January 12, 1956 and filed for record in the office of the County Ra corder of Adan County, Idaho, on May 17, 2956 as Instrument No. 394672; that all right, titio, claim, 11ozx, Interest and/gar estate of said defendant, City of Floridian, 2n and to said property, and each and every Hart and parcel thoreon', ander and by virtue of the said right of way ease- mant, or otherwise, is subsequent to, junior Quad inferior to, and subject to the lien of the tool estate mortgago herein referred to and described, a copy of which is attached hereto as Exhibit B. ..5. WHEREFORE, Plaintiff prays judgment as fallowsi 1. That these is due, unpaid and owing to the plaintiff from the defendants, Arthur C. House and Marjorie A. House, and each of them, and that the plaintiff have and recover from said defendants, and each of them, for and on account of the note in this complaint set forth and described, the principal sum of $5,417.40, together with interest at the rate of Q 1/I percent per annum from March 1, 1956 until paid; plus the further sum of $42.75, costs of the foreclosure re- port., paid to the Idaho Title Company, together with interest thereon at the gate of d percent per annum from August 11, 1964; plus the farther sum. of $254 as attorney's fees for services of plaintiff's attorAsy in this action, together with the plaintiff's costs in the action Incurred and accruing, costs of any sale hereunder, and that plaintiff have judgment for these sums and that said JudgQent bear interest at the rat* of d percent per atnnum. free date of judgment until paid. That the covenants and conditions of plaintiff's said mortgage and note, In th13 complaint set forth and des- cribed, have been baokon and defaulted, and were so broken and defaulted at the time of the filing of this action. 3. That the plaintiff has a first, valid and sub - al. -.ting mortgage limen on the property In said teal estate roTtgag** and the rents, Issues and profits thereof, securing the payments of all stamp adjudged due and owing plaintiff in this action, together with costs and accruing costes, and all Interest; accrued or to accrue, and the Interest or Interests, and al2 claim or claims of the defendants, Virgil D. Luke -6- and Virginia L. Luke, and the City of Meridians sree sub- sequent to, junior and inferior to, and subject to the Tian of plaintiff's said nortgaZo, aend that all interests and/or claims of all persons claiming to haevo acquired any right, title, claim. lien, interest or estate is or to said property, or any part or parcel of the same, subseequeeut to the filing of said mortgagee for record, as herainbofora set foarth, are subsequent to, junlor and inferior to, and subjoct to goat plaintiff's sand lion. 4. That the usual judgment be maado and entered for the sale of all of the real *state, bearoinbeforee and In said real estate mortgages described, by th6 Shoriff of Ada County, Idaho, at public auction, according to the law, aaad practice of this court, and that acid property be sold by the Sheriff in eine piece or parcel. S. That the defendants seamed in this action, and each of them, and all persons cloining, or to claiaa throuu gb, under aad/or from mold defendants, and either or any of then, and all persons claiming to have acquired any right, title, claim* lion, interest or estato in "d to they said real property, so sold, or any part or parcel thereof, subsequent to the filing of said no"gage of record, either as purchasers, eacurbrancors, grantees, mmeers, judgment crediters, nortgagoes, lion claimants, or otheerwiso, be forever barred and foraclaseesd of and from all right, titles claims lien, Latereest, estate, aquity and/or equity of redemptivu, is and tea the prealasees and property seg sold, and every part and parcel thereof, Mares and except the right of redemption provided by law. W7 - is N/ 6. That the plaaintiff, or any other party to this action, may become the purchaser or purchasers at such sale or asalss, send after the expiration of the legal time of redemption of the real estate so sold, the Sheriff shall issue a dead or dseds to the purchaser or purchasers thereof, and that said purchaser or purchasers thereof be let i;ato pasasssion upon productlon of said sberiff's dead therefor, and in ease possession be refused, that asr writ of pesesession Issue without farther notice, requiring scid Sheriff to place and maintain sold purchaser or purchasers in the quiet and peaceful possession of the real estate so purchased. 7. That the proceeds of aaay such sale: or sales iso applied f1rat to the payment sof all coats or expenses of these proceedings In such sale, including the amount fixed by the court as compensation for plaintiff's attorney for his services in this action, and next thereafter to the payment of all sums adjudged due plaintiff for and on ac- count of that Indebtedness in this complaint not forth cad doscribtd and that if there be any surplu3 rezalnin3, the same be hold subject to the further order of this coast. S. That the plaintiff here such other and further relief in the promises as to the court may seers menet and just. COUGHLAN 4 1MHOFF 4 the IFIR 222 forth 13th Dotes, Idaho .$. r STATE OF MAHOO ss COUNTY OP ,SDA. � L.W, SCOTT, baying first dUly sworn, 46pe5e3 owd That he to Loam SorviciP19 Officer of the pirst PedOT31 Savings end Logic A.ssociztion of Beige, & corporation. th* plaintiff he"In; that he has Tvad the above 4nd fcro- Ping COnPl4int, knows the COUteAts thereof, and boiieVes that sii+rgstion3 contained therein to to true of his e wA know 10d007" 4 L.W. Smam Subscribed and swawn to before a as this day Of Augwst, 1956. Residing at Sols*, Idaho -9— 1003%�. r F11A Fo. f:o. 9114 AVCll 1453 - EXHIBIT A M MAGE NOTE ORM 7,45o .c o Bo is e, Idaho, ! ` January ilk ,19 56. Fox VALUE RECEIVED, I promise to pay to." IRST FEDERAL SAV7 ITGS AND LOAN ASSOC.IAT'ION OF BOISE, A corporation or order, the principal sum of SEVEN THOUSAND FOUR .11MI?DRED FIFT`l ArD 7.0 100 - - - Dollars (s 7.,4 50 -00 ),with interest from date at the rate of'our and cne- 1.- -1 a11 per centum ( 41E%) per annum on the monthly balances remaining from time to time unpaid. The sai�3 principal and interest shall be payable at the office ofFirst Federal. Savings and Lot�n Associa lon of Boise in Boise, Idaho , or at such other place as the holder hereof may desi4yt�T' writing, in monthly installments of FORTY-OTTE A ,D 42/100 - - - - -- Dollars ($ ), commencing on the first day of February , 19 56, and on the first day of each month thereafter until the principal and interest are fully paid, except that the final payment of principal and interest, if not sooner paid, shall be due and payable on the first day of January 1901 If default be made in the payment of any installment under this note, and if the default is not made good prior to the due date of the next such installment, the entre principal sum and accrued interest shall at once become due and payable without notice at the option of the holder of this note. The failure of the holder of this note to enforce its rights upon default in any of the terms of this note shall not constitute a waiver of any such right in the event of a subsequent default. If suit is instituted to collect this note or any portion thereof, I agree to pay, in addition to the costs and disbursemezlts as are allowed by law, such additional sum as the court may adjudge reasonable as attorney's fees in such suit. Presentment, protest, and notice are hereby waived. ART= -n C . HousE i -�UjGR a E A . HOUSE Tits Is To CERTIFY that this is the note described in and secured by mortgage of even date herewith in the same principal amount as herein stated and secured by real estate situated in Meridian r c a County, State of Idaho. Dated this 11th day of Jmuary 19 56. Notary Public. v c 'u c i m r� 4 UA CN � P , i' Y��q • � 8 p} J1 (� iii ii V � ♦� i� y •ri v i XFRO 0 a 4._ t'itp 'Oily c 'u c F r� UA CN P , i XFRO 0 a 4._ t'itp 'Oily Utl.l1. ' Od3x FI1A Form No. 2114 m (Revised Abruary 1953) - Y� RU G� �� EXHIBIT i3 ISNOw ALL HIEN RY THESE PRESENTS: That ART!-= C . HOUSE AND MARJ0—= A . ._OUSE, husband and wife , hereinafter called the Mortgagor, does hereby grant, bargain, sell and convey untO IRS`'FEDERAI, S.°'.VI1NGS A.1_]�ii UATI ASSCCIATIC)N C) 'POISE, a corporation organized ind existing under the laws of The United S to e s of America ,hereinafter called the -Mortga-gee, the following described real property, situate in Meridian-, Ado County in the State of Idaho, to -wit: Lot 20 in Block 2 of Tr?il.scn r^-_dditicn to yrz-,-ridia n, according to the plat thereof filed in Boolc 12 of Mats at page 703, records of Ada County, Idaho, Except ditch ri:r-ts-of-Tf;a�r. together with all the tenements, hereditaments, and appurtenances now or hereafter thereunto belonging or in anywise appertaining. This grant is intended as a mortgage to secure payment of a certain promissory note of even date herewith executed and delivered by the Yortgagor to the Mortgagee, the terms of which are incorporated herein by reference, and providing for the payment of the aforesaid principal sum of SEVEN THOUSAND FOUR hELIN DRAT) F 1 F T Y 1"l D -_ 0/100 - - - Dollars ($ 7,450.00 ), with interest from date at the rate off our and one-half per centum ( ZE2 %) per annum on the unpaid balance until paid, the said principal and interest to be payable at the office ofirst 'edercl. Savings and Loam Association of Bose in Boi se, Idaho , or at such other place as the holder of the note may desiUnate in writing, in monthly installments of FG'= -G::? AID 42/100 - - - -- -- - - -- - - Dollars ($ 41 -42 ), commeneing on the first day of 10abruary ,19 56 , and on the first day of each month thereafter until the principal and interest are fully paid, except that the final payment of principal and interest, if not sooner paid, shall be due and payable on the first day of d'anuary 1�3:fi7-9 f The _H.Ortgaguor, in Clyde].' to more 'i:lllly p.l`:Apot the. sceurlty of this YIIOrt airs, does, hereb:, co v erant and ag'eee Z�S "G1lo: s, 1. r.lf d he Ml pay tli'• Inde} tC.i? f:. as hereinbefore provided. Privilege is rtescrVE!il to pay the deb. in whole, or iia. an amount equ, i o (.::C or T7(we rnonUdy payments on the principO that n next u c.Pc_ to};V "1 the ..v t�^ t .'-`_ ; r 7-, si{: u' -n untamed si ll ?:tinct. and the benefits and zaantag<Iall hiu:% f+:. ..:.c respective heirs, exe ut0?'S, zdni1T11Sur„,urs,, succc;ss rs ax-Ld assigns OF the parties hereto. Whene-ver ca Z <: k n i = r Uue r . _% t,,e ?- r,i 7 i a a a fi: .e ca -any ender, LZ i'l, is1C :;iii ;Lix�lt' P.iEi.13C-T S�?i��i 21Cai.dC .ic=y y11'.sa'�i., 4i�x_ '.}.;Z..2.. �'li: S..A']; �'s� P, `RC1 the 13} res' sh"01 be ,gpp11ica7j!e to all gcnders- TW 1:VITYIES.S Ti'..Y3:r+x; �{ortg i r v(r-, 7, f .-,et f� Int?� $ c'?n S �r r ... 'Qs�', '�.'�IF_' ly}-4i .`. r��n�;�� (y _� � hE:iC �:ri C` t i �' � � .� "t gni (t) U'liss 1 .-,i+� (3a of la Can—u 1 r �' , 1n 5 Q / ..2 K, A. HOUSE TATE OF 1UA110, COUNTY OF ADA [SL."uL] xr�o� ia,Y xrr�p COhY; On Los 1101 chap or, ,ran,;r: r y ,19 n� T before one, t'_':.L', ”. =: ;a , a notary ub c its and fors. 1 i i ,�i<tE',, �',n1'tiD21a � a ef.red ,:?G .. andn 3 G , ; band aW 14 .'..i e , RTIp,i-n t0 nit to be .ARTHURC3E the p", rs0i-3 e 1� . Mame a `= r t33al7mT'ib d to # he l -. dn insL u aient, and ackt10w!EQeId tai ula Mat .. .,{ I I r �? Q L•Z �iI I t� G •rS [7 O tee✓ � I� � x .. Gi I have herellr_ta may hand and MIKE E my QSIlc12a1 scnl 'tile day and year in a UK .rst above written. .W mow.. _ oil M ` �c>} Naar J Public. ,, ... sit I n xr�o� ia,Y xrr�p COhY; �I u I I 0 a 2` y� .1 •� "T • �� p M .. .,{ I I r �? Q L•Z �iI I t� G •rS [7 O tee✓ � I� � x .. Gi w ^ ,) P -Z ate{ oil M ` �c>} : N .10 ' C�..1 r f Ij f,,; `� it F•, �y L I 21 i i `44 ilI ' , w� xr�o� ia,Y xrr�p COhY; i�Fnar : prr �I u I I 0 a 2` y� .1 •� "T • �� p M .. .,{ I I r �? Q L•Z �iI I t� G •rS [7 O tee✓ � I� � x .. Gi w ^ ,) P -Z ate{ oil M ` �c>} : N i�Fnar : prr i Kk'hp �I I I 0 a W FH p M .. .,{ I I r �? Q L•Z �iI I t� G •rS [7 O tee✓ � I� � x .. Gi w ^ ,) ` �c>} i Kk'hp �iJ, 1J). BOOK 4. That he will pay, before the same or any part thereof becomes delinquent, all ground rents, taxes, assessments, and other governmental or municipal charges and encumbrances levied, assessed or claimed or to be Ievied, assessed or claimed against said property or this mortgage or the debt secured hereby for which provision for the payment thereof leas not hereinbefore been made, and will deliver to the lEort- g agee all receipts therefor; and that he will pay all necessary abstracts and recording fees incident to this transaction. 5. That sho;rld he fail to pay any sura or beep any covenant provided for in this mortgage, then the Mortgagee, at its option, may pay or perform the same, and all expenditures so made shall be added to the principal sung owing on the above note, shall be secured hereby, and shall bear interest at the rate set forth in the note secured hereby until paid. 6. That the Mortgagor will keep the improvements now existing or hereafter erected on the mort- gaged premises, insured as may be required from time to time by thea Mortgagee against loss by fire and other hazards, casualties and contingencies. in such amounts and for such periods as it may require and will pay promptly, when due, any premiums on such insurance provision for payment of which has not been made hereinbefore. All insurar:ce shall be carried in companies approved by the Mortgagee and the policies and renewals thereof shall be held by it and have attached thereto loss payable clauses in favor of and in form acceptable to the Mortgagee. In event of loss he will give immediate notice by mail to the Mortgagee who may make proof of Ioss if not made promptly by the MorLgagor, and each insur- ,ance company concerned is hereby authorized and directed to mare payment for such loss directly to the Mortgagee instead of to the !'Jortgagor and the Mortgagee jointly, and the insurance proceeds, or any part thereof, may be applied by the Mortgagee at its option, either to the reduction o3 the indebtedness hereby secured or to the restoration or repair of the property damaged. In event of foreclosure of this mortgage or other transfer of title to the mortgaged property in extinguishment of the debt secured hereby, all right, title, and interest of the Mortgagor in and to any Insurance policies then in force shall pass to Vile purchaser or grantee. 7. That he will beep the premises hereby conveyed in as good order and condition as they now are and will not commit or permit waste thereof, reasonable wear and tear excepted. S. That he hereby assigns, transfers and sets over to the Mortgagee, to be applied toward the pay- v"'ment of the note and all sums secured hereby in case of a default in the performance of any of the terms and conditions of this mortgage or the said note, all the rents, revenues and income to be derived from the mortgaged premises during such time as the mortgage indebtedness shall remain unpaid; and the Mortgagee shall have power to appoint any agent or agents it may desire for the purpose of repairing said premises and of renting the same and collecting the rents, revenues and income, and it may pay out of said incomes all expenses of repairing said premises and necessary commissions and expenses incurred in renting and managing the same and of collecting rentals therefrom; the balance remaining, if any, to be applied toward the discharge of said mortgage indebtedness. 9. That he hereby constitutes the . Mortgagce his attorney in fact, irrevocable and to -continue in effect until the indebtedness hereby secured is paid in full, to commence and prosecute in its own name, or in the name of the -Mortgagor, or in the name of its assignee, such action or actions _as may be neces- sary to dispossess any tenant in possession of the mortgaged property, or any part thereof, who has vio- lated the terms and conditions of the tenancy, at any time the Mortgagor shall be in default in the per- formance of any of the terms and conditions of this mortgage, giving and granting unto the Mortgagee full authority to exercise this power of attorney according to the judgment and discretion of its officers and agents, hereby undertaking and agreeing that the Mortgagee shall not be liable for the manner in which such pourer of attorney is exercised, so long; as it shall account for the net proceeds of any money coming into its hands from rents, issues and profits derived from said premises, after paying all costs and expenses of exercising this power of attorney, and giving the Mortgagor credit for said net proceeds, on the mortgage indebtedness: Provided, The IlMortg'agor retains and shall have the right, should the Mort- gagee fail upon written demand to exercise the above power, to commence and prosecute in his own name such action as may be necessary to dispossess any tenant in possession of the mortgaged premises for vio- lation of any of the terms and conditions of the tenancy. 10. That time is of the essence of this mortgage and of the note secured hereby, and in the event of the failure of the Mortgagor to pay ~,lien due any sum herein covenanted to be paid or secured hereby or to comply with any of the terms hereof, then the v, -hole debt and all sums secured hereby shall become due and collectible at the option of the _Mortgagee, without notice or demand, and this mortga��e may be fore- closed to recover the same, including such additional sum. as the court may allow as attorney's fees, as well as costs and disbursements necessarily incurred, and the same shall be secured hereby. 11. The Mortgagor further agrees that should this mortgage and the note secured hereby not be eligible for insurance under the National Housing Act within from the date hereof (written statement of any officer of the Federal Housing Administration or authorized agent of the Federal Hous- inc, Connmissioner dated subsequent to the time from the date of this mortgage, declining to insure said note and this mortgage, being deemed conclusive proof of such ineligibility) , the Yortgagee or the holder of the note may, at its option, declare all sums secured hereby immediately due and payable. 12. That the Mortgagee's failure to enforce its rights upon breach or default of any of the terms hereof shall not thereby waive its rights in case of any subsequent breach or default. 13. The Yortgagor covenants and agrees that so long as this mortgage and the said note secured hereby are insured under the provisions of the National housing Act, lie will not execute or file for record any instrument which imposes a restriction upon the sale or occupancy of the mortgn;,-ed property on the basis of race, color, or creed. Upon any violation of this undertaking, the Alort.agee may, at its option, declare the unpaid balance of the &bt secured hereby immediately due and payable. 1G-3747-3