Hart, Bob & Linda
LiTY OF MERIDIA1~
COUNCIL MEMBERS
RON ANDERSON
KEITH BIRD
TAMMY DEWEERD
CHERIE MCCANDLESS
ROBERT D. CORRIE
Mayor
PUBLIC WORKS / BUILDING DEPARTMENT
GARY D. SMITH. P.E.
Public Works Director
August25,2000
Bob and Linda Hart
1967 E. Challis Dr.
Meridian, Idaho 83642
RE: FENCE VARIANCE REQUEST - 1967 E. Challis Drive
Dear Bob and Linda:
The Fence Variance Committee, of the City of Meridian, met at 4:30 P.M., August 23,2000, in City
Hall, to consider your request for a fence setback variance.
After due consideration, the Committee decided to allow a variance request for you to construct a six
(6) foot tall wooden fence in your side street setback area. This fence location is as shown on the
attached sketch and approval is subject to the following conditions:
1. The face of the fence shall be set a minimum of 10 feet from the yard-side edge of sidewalk
along N. Laughridge Ave.
2. The ground area between the fence and sidewalk shall be landscaped and maintained by you.
3. The board side of the fence shall face out toward the street(s).
4. The City of Meridian has no jurisdiction in the enforcement of the provisions of your
subdivision's Protective Covenants. We recommend that you obtain approval from your
Homeowner's Association for this fence location.
5. We recommend that you contact Dig-line at 342-1585 for location of underground utilities prior
to excavation for your fence posts.
6. Please obtain a building permit for your fence from the City of Meridian Building Department
prior to beginning construction. Please call for an inspection after the fence construction is
completed.
Thank you for complying with the City ordinance in requesting this variance and if you have any
questions please give me a call.
S7jre,y,
!}:;;1nit~
Fence Variance Committee
Cc: File, Bldg.lnspector, City Clerk
200 East Carlton, Suite 100 . Meridian, Idaho 83642
Phone (208) 887 -221 I . Fax (208) 887-1297
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NOTICE OF HEARING
NOTICE IS HEARBY GIVEN pursuant to 12-4-10J 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 4:30 P.M., on August 23, 2000, for
the purpose of reviewing and considering the application of Bob & Linda Hart for
a variance from the Meridian Fence Ordinance at the property legally described
as follows: Lot 27, Block 3 of Chamberlain Estates Subdivision and known by
the address 1967 E. Challis Drive. The applicant proposes to reduce the
required distance from 20 feet to 10 feet on an open style fence with a height of
five 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 7th day of August, 2000.
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CITY OF MERIDIAN
33 E. IDAHO MERIDL~, ID 83642
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C1ty ',.~~ ^~';1r:. Office
City v L"'" t~ '
IDJCE 'iJARIAJ.'\JCE lI.PPLIc..iUION
i (RE: Meridian Zoning Ordinance)
APPLIc..;;NT NlI,LvIE: l~.s f L;N J') 4~f
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ADDRESS: li(p1 e: chl)/!":s .t'L! /lIc;u'd./wJ,' (v{
CW"NERS NA!.vIE & ADDRESS: (If differe.t1t than arove) R t;lpe /Z;.r
(11 A/I ;JdC4 /, i-/ ~+-
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PROOF OF CWNERSHIP: ~OPY OF DEED OR OPTION MUST BE ATTACHED)
LEGAL DESCRIFTION OF PROPERTY: LOr# ,;:r ELK #. :3
SUBDIVISION (:;-ftlvvl a(~//r). ~
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L-of- (J/Dte'~/,
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PRESENT USE & ZONING OF PROPERTY h'^'1'f? FAM~/'-( ~C:<)/'(>~'A-z..
SCHEMATIC DRAWlliG: ATrACH DAAWING SHGWING BUIIDINGS f STREETS & PROPOSED FENCE:
SURROUNDING PROPERTY ONNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERTY
.A CWNERS (ERQM AtlI'HEt.'.J"TIC TAX~ ~OI32.e~~QF'~l?P.?\.c:gtJr:-1'Iry) WITHIN 'I'M) HUNDRED (200)
FEEl' OF THE EXTERNAL BOUNDRIES OF THE LAND BEING CONSIDERED:
DESCRIPTION OF REQUIREMEJ:-1TS 2 THE ORDINANCE THAT NEED TO BE REDUCED TO
PRqr.rrT THE PRO~SED FEN'CE: ~ !l1Z'/);~/~ ~ d,::?~,9,A~P ffA"Y'( ':?e>,t:7, 4eI-t~
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A'ITACH STATEMENT THAT FENCE IS ALI..CWED UNDER THE RESTRIcrIVE COVENANTS OF THE
~UBDIVISION OR A COpy OF THE RESTRIcrIVE COVENANTS PERI'AllITN. G 'ID FEN;bCES:;.
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APPLICANTS SIGNATURE: Jy1~ ,_// h I,-;b .'
DATE RECEIVED J~ d/:), JOlJV
RECEIVED BY Sh1t~V(Y
ca1MI'ITEE f!EARll\1G DATE
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Fence Reg u lation
INSIDE LOT
9-617 A2
CITY OF M ERlDlAN
nB Merldl&n Strut
688-4433
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Fire Hydrant,
Power Transformers,
s;roperty L i n:
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CORNER LoT
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Power Transformers, etc:
(6' Wood, Solid
or Open Fence
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or 4' Open Fence
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EXHIBIT "D"
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PR~CISION FENCING, L.~.C.
"The Precise Way To GoH
423 Partridge Place 0 Boise, 10 83713
(208) 377-0942 0 FAX (208) 322-6204
Proposal To:
Linda Harts
Address: 1967 E. Ch:;,l.;,',
Date:
2/23/98
Phone:
884-329 L tiO[i~,~
00000
Fence Style 5' WrouJnt Iron
,>" Stained 0
Posts .. Unstained 0
Concrete A.Ll ?~)sts
Total Height
5'
Height of Fabric
Stringers
Air Line 0
Groundline 0 Gates
in
Boards
1- 6'
5."
il.rc;.Q~~d
ill 0 .. .. ..
Fence Style
Galvanized
Top RaW-'
Total Height
Line Posts
Height of Fabric
Corner Posts
Gauge _ Mesh _
, Heavier Posts
Ground Line
o
Barb Up
o
Barb Arms
Up 0
In 0
QutO
Gates
Air Line
o
Barb Down
o
Additional Information
Quantity
~>-:..' f)f .:.1 0:,~:. Style Wrou~nt Iron
Fz.~.in;;.<~d BIde!\:
2" S'-j' Post~j
1" ~',d. Horlzcnt3J.s
;,;" 5'::1' L~ick2t.s {3111{;)
.> .... ,I -:,',..
i. - b I ;L~cht,;,j Doubla Go. tf~
:~ .'..:'..
1- ,~' t"a, lie Ga ce
...or ..~ ,
"_"H ............_......."<0
TarA!.
$~~r' /..'3 ::. ~ ~:(:
Date Completed
Sales Order By
NOT RESPONSIBLE FOR SPRINKLER LINES
PLEASE PA Y FROM THIS INVOICE
Terms of Payment ".:,''-'''''' . ;,',
(A finance charge of 11/2 % per month wilt be charged on all invoices 30 days
after completion date.)
This Quotation void after ten (10) days,
WHITE. OFFICE YELLOW. REMITTANCE PINK. BID
Accepted
CSB #172500-1
AFTER RECORDING, MAIL TO:
CONTINENTAL SAVINGS BANK
2000 TWO UNION SQUARE
601 UNION STREET
SEATTLE, WA 98101-2326
{Space Above This Line For Recording Data)
DEED OF TRUST
THIS DEED OF TRUST ("Security Instrument") is made on SEPTEMBER 23, 1998
ROBERT H. HART AND MALINDA P. HART, HUSBAND AND WIFE
. The grantor is
("Borrower"). The trustee is
FIRST AMERICAN TITLE COMPANY OF IDAHO, INC., AN IDAHO CORPORATION
("Trustee"). The beneficiary is CONTINENTAL SAVINGS BANK,
A WASHINGTON STATE CHARTERED SAVINGS BANK
which is organized and existing under the laws of WASHINGTON , and whose
address is 2000 Two Union Square, 601 Union St, Seattle, WA 98101
("Lender"). Borrower owes Lender the principal sum of
ONE HUNDRED THREE THOUSAND AND NO/I00
Dollars (U.S. $ 103,000.00).
This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Noten), which provides for
monthly payments, with the full debt, if not paid earlier, due and payable on OCTOBER 1, 2028
This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals.
eXlensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to
protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of
sale, the following described property located in ADA County, Idaho:
LOT 27 IN BLOCK 3 OF CHAMBERLAIN ESTATES SUBDIVISION, ACCORDING TO THE
OFFICIAL PLAT THEREOF, FILED IN BOOK 71 OF PLATS AT PAGE 7299 AND
7300, OFFICIAL RECORDS OF ADA COUNTY, IDAHO.
which has the address of 1967 EAST CHALLIS DRIVE, MERIDIAN
Idaho 83642 [Zip CodeJ ("Property Address");
IDAHO-Single Family-FNMA/FHlMC UNIFORM
INSTRUMENT Form 3013 9/90
G -6H[1D1197051 Amended 5/97jj-
Page ?Ol 6 Inillals,tJJj- U-<'f1
VMP MORTGAGE FORMS. (6001521-7291
(Street. Cily].
MFCD9039 . 01/98
11111111111111111111111111111111111
CSB II 1 72500.J
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, An replacements and additions shall also be covered by this Security
Instrument. All of the foregoing is referred to in this Security lnstrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and
convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will
defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited
variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS, Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the
principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
2. Funds for Taxes and Insurance, Subject to applicable law or to a written waiver by Lender, Borrower shall pay lO
Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes
and assessments which may attain priority over this Security Instrument 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 flood insurance premiums,
if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with
the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums, These items are called "Escrow Hems,"
Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally
related mortgage loan may require for Borrowcr's escrow account under the federal Real Estate Settlement Procedures Act of
1974 as amended from time to time, 12 U,S.c. Section 2601 er seq. ("RESPA"), unless another law that applies to 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.
Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future
Escrow Items or otherwise in accordance with applicable law.
The Funds shall be held in an institution 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 charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or
verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such
a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service
used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or
applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds,
Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to' Borrower,
without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each
debit to the Funds was made. The Funds are pledgcd as additional security for all sums secured by this Security Instnlment.
If the Funds held by Lendcr excced the amounts permitted to be held by applicable law, Lender Ish all account to Borrower
for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any
lime is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrowcr
shall pay to Lender the amount neccssary to make up the deficiency, Borrower shall make up the deficiency in no more than
twelve monthly payments, at Lender's sole discretion.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund \0 Borrower any
Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell [he Property, Lender, prior to the acquisition or sale
of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by
this Security lnstrumenl.
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 prcpayment charges due under the Note; second, to amounts payable under paragraph 2;
third, to interest due; fourth, to principal due; and last, to any late charges due under the Note,
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property
which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay
these Obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly
to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph.
If Borrowcr makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments,
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in
writing to the payment of the obligation securcd by the lien in a manner acceptable to Lf'nder; (b) contests in good faith the lien
by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the
enforcemcnt of the lien; or (c) secures from the holder of the lien an agreement satisfactory [0 Lender subordinating the lien to
this Security Instrument. If Lender determines that any part of the Property is subject to a I ien which may attain priority over
this Security Instrument, Lender may give Borrower a notice idcntifying the lien. Borrower shall satisfy the lien or take one or
more of the actions set forth above within 10 days of the giving of notice.
G -6H[lD) [97051
~
MFCD9039.01/98
Page 2 01 (;
Initials :4: 16- ~ ~~
Form 3013 9/90
CSB III 72S00-J
5. Hazard or Property Insurance. Borrower shall keep the improvements now eXIsting or hereafter erected on the
Property insured against loss by firc, hazards included within the term "extended coverage" and any other hazards, including
floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods
that Lender requires, The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval
which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's
option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender
shall have the right to hold the policies and renewals. I f Lender requires, Borrower shall promptly give to Lender all receipts of
paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carricr and Lender.
Lcnder may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the
Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or
repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums
secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the
Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then
Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums
secured by this Security Instrument, whether or not then due. The 3D-day period will begin when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If
under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from
damage to the Property prior to [he acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument
immediately prior [0 the acquisition.
6, Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application;
Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the
execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one
year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld.
or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair
the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture
action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the
Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may
cure such a default and reinstate, as provided in paragraph 18, by causing the action or rroceeding to be dismissed with a ruling
that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material
impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if
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 with the loan evidenced by the Note~ including, but not limited
to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a
leasehold, Borrower shall comply with all the prov isions of the lease. If Borrower acquires fee title to the Property, the
leasehold and the fee title shall not merge unless Lend,::r agrees to the merger in writing.
7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in
this Security lnstIUment, or there is a legal proceedi!lg that may significantly affect Lender's rights in the Property (such as a
proceeding in bankmptcy, probate, for condemnation or forfeiture or 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 action under this paragraph
7, Lender does not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shaH become additional debt of Borrower secured by this
Security lnstrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the
date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting
payment.
8. Mortgage IllSurance. If Lender required mongage insurance as a condition of making the loan secured by this Security
Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the
mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to
obtain coverage substantially equivalent to the mortgilge insurance previously in effect, at a cost substantially equivalent to the
cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If
substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to
one-twelfth of 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 retainlhese payments as a loss reserve in lieu of mortgage insurance. Loss reserve
Initlals: tJ~ t,y.~-r.
Form 3013 9/90
_ .6HOD) (97051
~
MFCD9039 - 01/98
pago 3 or 6
CSB #t72500.J
payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period
that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay
the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage
insurance ends in accordance with any wrillen agreement between Borrower and Lender or applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Properly. 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 for damages, direct or consequential, in connection with any
condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and
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 Borrower. In the event of a partial taking of the Property in which the fair
market value of the Property immediately before the tnking 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 amount of the proceeds multiplied by the following fraction: (a) the total
amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately
before the taking, Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which 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 Borrower and 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 notice by Lender to Borrower that the condemnor offers to make an
award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given,
Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums
secured by this Security Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification
of amortization of the sums secured by this Security Instrument granted by Lender to any succeS1':or in interest of Borrower shall
not operate to release the liability of the original Borrower or Borrower's successors 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.
(2. 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 17. 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 Instrument; (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 Instrument or the Note without that Borrower's consent.
13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges.
and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the
loan exceed the permitted 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 collected from Borrower which exceeded permilled limits will be refunded to
Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct
payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any
prepayment charge under the Note.
14. 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 10 Lender shall be given by first class mail to
Lender's address stared herein or any other 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 thi1': paragraph.
15. Governing Law; Severabilit,y. This Security Instrument shall be governed by federal law and the law of the
jurisdiction in which the Property is located, In the event that any provision or clause of this Security lnstnlmenl or the Note
conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be
given effect without the conllicting provision. To this end the provisions of this Security Instrument and the Note are declared
to be severable,
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument.
Inilials:Q 1/ * 0t\\
Form 3013 9190
G -SH[lDI (9705)
<!>
MFCD9039 . 01198
Page 4 01 6
\ \ ' I ~ I , :
'. CSR #172500.J
17. Transfer of t~e property or II Bel\eficiallnterest in Borrower. If all or any pan of the Property or any interest in it
is sold or transferred (or 'if 'a beneficial inferes't in Borrower is sold or transferred and Borrower is not a natural person) without
Lender's prior wrillen consent, Lender may. ~t its option, require immediate payment in full of all sums secured by this
Security Instrument. :However, this option shall hot be exercised by Lender if exercise is prohibited by federal law as of the date
of this Security InstrUment. ' , .
If Lender exerci~s ~his option, Lend~r, s.hall give Borrower notice of acceleration. The notice shall provide 11 period of not
less than 30 days fron( t.h~ ~date the notice Js delivered or mailed within which Borrower must pay all sums secured by this
Security Instrument. If B6frjl~er fails to ,pay these sums prior to the expiration of this period, Lender may invoke any remedies
. db h'S . I '111tll"':h f . d d
permltte y t IS ecunty nstrument wit out urther notIce or eman on Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have
enforcement of this Security Instrument 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 enforcing this Security Instrument. Those conditions are that Borrower: (a) pays
Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b)
cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument,
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 to pay the sums secured by
this Security Instrument shall continue unchanged, Upon reinstatement by Borrower, this Security Instrument and 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.
]9. 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 Borrower. A sale may result in a change in the entity (known
as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one
or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be
given written notice of the change in accordance with paragraph 14 above and applicable law, The notice will state the name and
address of the new Loan Servicer and the address to which payments should be made, The notice will also contain any other
information required by applicable law.
20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the
Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or
storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal
residential uses and to maintenance of the Property,
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any
governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law
of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that
any removal or other remediation of any Hazardous Substance affecting the Property is necessary. Borrower shall promptly take
all necessary remedial actions in accordance with Environmental Law,
As used in this paragraph 20. "Hazardous Substances" are those substances 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 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection.
NON.UNIFORM COVENANTS. Borrower and Lender funher covenant and agree as follows:
21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach
of any covenant or agreement in this Security Instrument (but not prior to accelemtion under paragraph ] 7 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 acceleration of the Slims
secured b}' this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to
reinstate after acceferation 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 cured 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 Instrument without
further demand and may invoke the power of sale and any other remedies pennitted by applicable law. Lender shall be
cntitled to collect all expenses incurred in pursuing the remedies pro\ided in this paragraph 21, including, but not limited
to, reasonable attorneys' fees and costs of title evidence.
If Lcnder invokes the power of sale, Lender shall execute or cause Trustee to execute a written notice of the
occurrence of an event of default and of Lender's election to cause t he 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 other persons pn:1cribed by applicable law. Trustee shall give public
Inlti.!.: III- J..~.\>.
~ .6HOD) (9705) P.ge 5 or 6 Form 3013 9/90
~
MFCD9039 01/98
1~' .
. ~..
J..:;~.~.t'.. .
',i~
CSB #172500-J
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 and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines.
Trustee may postpone sale of all or any parcel of the Property b)' public announcement at the time and place of any
previousl)' 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 cm'enant or warranty,
expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence 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 to, 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.
22. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to
reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security
Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such
person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the
Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is
permitted under applicable law,
23. Substitute Trustee. Lender may, for any reason or cause, from time to time remove Trustee and appoint a successor
trustee 10 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.
24. Area and Location of Pro pert)' . Either the Property is not more than forty acres in area or the Property is located
within an incorporated city or village.
25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this
Security Instrument, the covenants and agreements of each such rider shall be incorporated into and 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)]
o Adjustable Rate Rider
o Graduated Payment Rider
o Balloon Rider
o VA Rider
D Condominium Rider
D Planned Unit Development Rider
D Rate Improvement Rider
D Other(s) [specify]
D 1-4 Family Rider
D Biweekly Payment Rider
D Second Home Rider
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and
in any rider(s) executed by Borrower and recorded with it.
Witnesses:
~ ;J- #--
ROBE T H. HART
d~YP;/4
MA NDA P. HART
(Seal)
.Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Scal)
-Borrower
Wu517 h~tlJl7
STATE OF fIMfI6", j
On this ;Z 1.--(fr'1 day of
\ ,~
'<-.-\''"5 County S5: _ .
'~Ge ' . before me, /!17/}C'7fc- TCV7X:{j
~ a Notary Public in and for said county and state, personally appeared
~ .6H(lD) (97051
<!l
MFCD9039 - 01/98
J-I t( II nacO P Ii Cvr f-
known or proved 10 me to be the pcrson(s) who executed the foregoing instrument. and acknowledged to me that 517'(:!..'
executed the same,
In witness whereof I ~~'md{~,~~t my hand and affixed my official seal the day and year in this certificate first above
written. ....\...\-j;:.~~,..,"" 70 "......
~ ~ ~,\.~soc, r:~~. ~ ~
:- .~:~'ta~ 4~~,,:...p ~
: / 'NOTARy\ :.
: : l.i.+~ : :
=. <.fJ.:, I JU 8 1 If' .:' ~
\"?~..,> . '(11-.,~'~/
....;{~~.WA~~"\"
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NOl1lry Puhlic residing at: 9C'a#lc J 0rt
Png. 6 of 6
Form 3013 9/90
to'391dd
17SB988880c
l:\7:sr 00, S~ lnr
To:
Christy
From: Ryan 'v'\Jhaalar
Pax: 888-4216
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4 (Inclucing OOIef sheet)
Datet 7/25/00
Phonec: B88-4433
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HAR'1' lnmCE VJ!.RIANCI!: - E _ CHALLI S DJUVE P9lJPR'l'1'
PROPERTY OWNER ADD.QESS LIST WITHIN 20Q-FEI!:T
BAUDER KEN I<
BAUDER DARCY J
1699 E CHIMERE DR
MERIDIAN ID 83642-0000
FARMER BRAD
. STRUCK PAMELA
2004 E CHALLIS DR
MERIDIAN ID 83642-0000
YANKE ANNA T
!' MARDEN JASON J
1951 E CHIMBRE DR
MERIDIAN TD 83642-0000
BERRY KE:VIN 0 &.
LINDT-BERRY TAMMY A
· 2022 E CRALLIS
MERIDIAN ID 83642-0000
DELAMERE BRAD W
· 1981 W CHIMERE DR
MERIDIAN 1D 83642-0000
BOSIO LAWRENCE R &
.. BOSIO DELORES P
1949 E CHALLIS DR
MERIDIAN IO 83642-0000
ZIMMERMAN GERALD R &
.. ztMMERMAN JENNIFER
1969 E CHTMERE DR
MERIDIAN 10 83642-0000
HOOD BOBBY R &
, HOOD BETTY J
1925 E CHALLIS DR
MRRIDIAN 10 83642-0000
KNAPPENBERGER ERIC J &
.. KNAPPENBERGER MARIE B
1896 E CHALLIS DR
MERIDIAN 10 83642..0000
HART ROBERT H &
HART MALINDA P
1967 E CHALLIS DR
MERIDIAN ID 83642-0000
JONES RYAN L ,),
. JONES KRISTEN
1918 E CHALLIS DR
MERIDIAN TD 83642-0000
WADDOOPS JOHN B &
. WADDOUPS LAORA M
1901 E CHALLIS DR
~ERIDIAN ID 83642-0000
BOBLITZ STEVE &
AITCHISON CARG!E J
.. 11508 W JENILYN CRT
BOISE IO 83713-1541
1932 E CHALLIS DR
DAMON TIMOTHY G
. 2001 E CHALLIS DR
MERIDIAN ID 83642-0000
SHAMIM YAMIR &:
SHAMIM VALERIE
· 1950 F. CHALLIS DR
MERrDr~N ID 83642-0000
RICE GREGORY B
· RICE HEATHER L
3537 W PATEL CRT
MERIDIAN to 83642-0000
2019 E CHALLIS DR
WEDDLE DAVID PHILIP &
WEDDLE SOZANNE MICHELLE
· 1968 E CHALLIS D~
MERIDIAN IO 83642-0000
TAYLOR E JEAN &
. TAYLOR CHARLES E
2037 E CHALLIS DR
MERIDIAN IO 83642-0000
STOLHAND D~VID V &
HINER SHELLY ~
.. 1990 E CHALLIS DR
MERIDIAN ID 83642-0000
PYNCHON JOSEPH H JR &
PYNCHON TEEl.RJ: J
1918 E MEADOWGRAS$ ST
MERIDIAN 1D a3642-731~
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KNAPP JERRY B &,
. KNAPP LES~ R
25B1 N LAUGHRIDGE AVE
MERIDIAN ID 83642-7316
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BRYANT JOHN C
2000 W 06TH 3T
THE DALLES OR 9705B-1002
2507 N LAUGHRIDGE AVE
STALLONES GARY W &
. STALLONES YEN
2578 N LAUGHRIDGE AV&
MERIDIAN 1D 83642-7315
CLAY STEVEN P &
CLAY SUSAN M
1900 E MEADOWGRASS ST
MERIDIAN 10 83642-7314
SHUTER ROBERT L &
SHUTER EDNA M
2547 N MEADOWGLEN PL
MERIDIAN ID 83642-5793
TOWNSEND DAVID W AND
.. 8EGLEY JOYCE R
2557 N LAUGHRIDGE AVE
MERIDIAN ID 83642-7316
EDWARDS BRENT L &
.. EDWARDS KARYN L
1923 E MEADOWGRASS ST
MERIDIAN 10 83642-7314
TONEY RICHARD W &
· TONEY ROJ:!..LN M
2562 N LAUGHRIDGE AVE
MERIDIAN ID 83642-7315
GORDON THOMAS J
. GORDON DEBORAH L
2525 N MEADOWGLEN PL
MERIDIAN 10 83642-5793
COMBS PENNY R
. 2529 N LAUGHR!DGE AVE
MERIDIAN 1D 83642-7316
ALIBEGIC MONIR
· ALIBEGIC ANETA
2534 N LAUGHRIDGE AVE
MERIDIAN 10 83642-0000
DRAPER KEVIN LOUIS &
DRAPER HEIPI MARIE
. 1911 E MEADOWGRAS S ST
MERIDIAN ID 83642-7314
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