Case, Doug & Gena
CITY OF MERIDIAN
MERIDIAN FENCE COMMITTEE MEETING
AGENDA
Wednesday I September 26, 2001
City Council Chambers
FENCE COMMITTEE MEMBERS:
Mr. Gary Smith, P.E., City Engineer
Mrs. Cherie McCandless, City Council
Captain Dave Bowman, Meridian Police Department
Mr. Keith Borup, Planning and Zoning Chairman
ITEMS FOR REVIEW:
Item No.1 4:30 p.m
Doug and Gena Case
2127 East Powder River Drive
lot 20 Block 7
Sherbrooke Hollows Phase 3
Item No.2 4:45 p.m. Robert Dean
1261 East Time Zone
Lot 1 Block 3
Salmon Rapids
CITY OF MERIDIAN
FENCE VARIANCE APPLICATION
(RE: Meridian Zoning Ordinance)
APPLICANT NAME: ~ + ~r('Jf\v\ L&.~
ADDRESS: ;2; J, I f POW cie.r f< (' VC-r Dr:
C 440 ~}-;A5?-
PHONE: 5,??Lf- lq 13
(Y) QncL/ OJ? TO r-3& i.J 2.
OWNERS NAME & ADDRESS: (Ifdifferent than above) A) k
PROOF OF OWNERSIDP: (COpy OF DEED OR OPTION MUST BE ATI ACHED)
LEGAL DESCRIPTION OF PROPERTY: LOT# d 0 BLOCK# ~ C ? hCtS c 3 )
SUBDIVISION: ShvL.-bl'Do~. r-b I kX}.JS
PRESENT USE & ZONING OF PROPERTY:,Pt'tluuhdi:D;"N' ". ') re~ZVU- uSe... I.S
SCHEMATIC DRAWING: ATTACH DRA WIN~ ~~~~ ~k~~~ S~~~~ ~~POSED
FENCE.
SURROUNDING PROPERTY OWNERS: LIST OF THE MAILING ADDRESSES OF ALL
PROPERTY OWNERS (OBTAIN LIST FROM MERIDIAN PLANNING & ZONING DEPARTMENT)
WITIDN TWO HUNDRED (200) FEET OF THE EXTERNAL BOUNDRIES OF THE LAND BEING
CONSIDERED.
DESCRIPTION OF REQUIREMENTS OF THE ORDINANCE THAT NEED TO BE REDUCED TO
PERMIT THE PROPOSED FENCE: \,~,),~ uJO\.\.,J,_d \ \ \If'. 0... U G~v\ (LVI. t c
.\'0(-- i1'\c ,\(Ji\ t.e Ioc I. Yw1 Z-C) ~-t ' 'Y1i0V'V"\ +h e~ -:;1-("'"<- c-r . w~ ~wf...-
-\t\< . ifft ~ \ Q \. (' H~_clJ... CL+ 1 0 -9.y- \1'1) n, "VI, e S 'h-ceJ:-- ,10 t-c (_0.5 c
LvC. L0e(~ (~0W\.q \(0, -the C.C~l-~' -s 0'~' 'Sh,\j~brodLc. j'wllou.JS
ATTACH APPLICATION FEE OF $ 50 . l St C- o,J:l ct th c.d C.D;? Y )
ATTACH STATEMENT THAT FENCE IS ALLOWED UNDER THE RESTRICTIVE COVENANTS
OF TIlE SUBDIVISION OR A COpy OF THE RESTRICTIVE COVENANTS PERT AlNING TO
FENCES. r:-\,,/' /'
APPLICANT'S SIGNA lURE: (r+-L1- C,..-
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C' I t/ L--,(.I. .. dl,L/
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CO:MMITTEE HEARING DATE: cl- ;}t9- (I I
l11.tj)r,M.
DATE RECEIVED: <6' g). 01
RECEIVED BY: rl--!\\.QJ'1ltRi iVl
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After Recording Return To;
COUNTRYWIDE HOME LOANS, INC.
MS SV.79 DOCUMENT PROCESSING
1800 Tapo Canyon
Simi Valley, CA 93063.6712
Prepared By:
L. REESE
(Space Above TIll~ Line For Recording Doto)
CASE
[Escrow/Closing #]
000008379440030
[Doc In if]
DEED OF TRUST
MIN 1000157.0000529542.9
DEFINITIONS
Words used in mulliple sections of this document are defined below and olller words are defined in Sections 3,
J I, n. 18, 20 and 21. Cerlain mles regarding the usage of words used in lhis document are also provided in
Section 16.
(A) "Security Instrument" means this document, whieh is dated AUGUST ,22, 2001
willi all Riders 10 this document.
(D) "Ilorrower" is
DOUGLAS A CASE. AND GENA L CASE, HUSBAND AND WIFE
. togelher
Borrower is the tnlstor under this Security Iostmment.
(e) "Lender" is
AMERICA'S WHOLESALE lENDER
Lender is a CORPORATION
orgaoized and existing under the laws of NEW YORK
Lender's address is
4500 PARK GRANADA. CALABASAS. CA 91302.1613
(D) "Trustee" is
FIRST AMERICAN TITLE
211 WEST STATE STREET. BOISE. IDAHO 83702 ,
(E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation Ulat is acting
solely as a nominee for Lender and Lender's Sllccessors and assigns, !VIERS Is the beneficiary under IlIls
Security Instrumeot. MERS is organized and existing under the laws of Delaware. and has an address and
telephone number of P.Q, Box 2026, Flint, M148S0l.2026, leI. (888) 679-MERS.
(F) "Note" means the promissory note signed by Borrower and daled AUGUST 22. 2001 . l1te
Note states that Borrower owes Lender
ONE HUNDRED FORTY SIX THOUSAND ONE HUNDRED FIFTY and 00/100
IDAHO .SIngle Family' Fannie MaeIFreddl1l Mec UNIFORM INSTRUMENT WITH MEflS
G .6A{ID} lOOQS}
CONV'tA
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VMP MOllTGAGE FOAMS. (900,521,729,
IIllllol"J'IlnW
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*23991*
*000083794000002006A*
'.
DOC ID # 000008379440030
Dollars (U.S. $ 146,150.00 ) plus interest. Borrower has promised to pay this dellt in regular
Periodic Paymenls and to pay the debt in full not later than SEPTEMBER 01, 2031
(Gl "Property" means the property that is described below under Ihe heading "Transfer of Rights in the
Property, "
(HJ "I.oan" means the debt evidenced by the NOle, plus interest, any prepayment charges and late charges due
under the NOle, and aU sums due under this Security Instnlment, plus interest,
(I) "Riders" means all Riders to this Security Instmment that are exeeuled by Borrower, 'nle following Riders
are to be executed by Borrower [check box as applicable];
o Adjustable Rate Rider
o BaUoon Rider
o VA Rider
o Condominium Rider
00 Planned Unit Development Rider
o Biweekly Paymenl Rider
o Second Home Rider
D 1-4 Family Rider
rn Olher(s) [specify]
o
(J) "Applicable Law" means all controlling appl!cahle federal, stale and locat statutes, regulations. ordinaoces
and administrative rules and orders (Ihat have the effect of law) as well as all applicable final, non-appealable
juoicial opinions,
(K) "Communlly Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges Ihat are imposed on Borrower or the Property by a cnn(lominium associalion, homeowners association
or similar organilation.
(Ll "Electronic )lunds Transfer" means any transfer of funds, olher than a transaction originated by check,
draft, or similar paper instrument. which is iuiliated through an electronie lermil\llt, telephonic instrument,
computer, or magnelic tape so as to order, inslnlct, or authorize a financial instilltlinn to debit or credit an
account. Such term includes, bm is not limiled 10, point.of,sale transfers. alUomalcd teller machine transactions,
transfers initialed by telephone, wire transfers, and automated clearinghouse transfers,
(M) "Escrow Items" means Ihose items that are described in Section ),
iN) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by
any third party (other than insurance proceeds paid under the coverages described in Seclion 5) for; (i) damage
10, or destruction of, Lhe Property; ill) condemnation or other taking of all or any part of the Property; (Iii)
conveyance in \leu of condemnation; or (iv) misrepresentations of, or omissions liS to, Lhe value and/or
condition of tlle Property.
(0) "Morlgage Insurance" means insurance protecting Lender against tlle nonpayment of, or default on, the
Loan.
(p) "rcl'iodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, Illus (ii) any amounls \lnder Section 3 of this Securily Instrument. .
(Q) "RESPA" means the Real Estate Settlement Procedures Act (t2 U,S.C. Section 2601 et seq,) and ils
implementing regulation, Regulation X (24 C,F,R.l'arl 3500). as they might be amended from lime to lime, or
any additionat or sllccessor legislation or regulation that governs the same subject maller. As lIsed in this
Secnrity Instmment, "RES? A" refers 10 all reqlliremenls amI restrictions that are imposed in regard 10 II
"federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage toan" under
RESPA.
(R) "Successor in I nterest of Borrower" means any party that has taken tille to the Property. whether or not
lhal party has assumed Borrower's Obligations under tlle Nole and/or Ihis Secllrily Inslmment.
TRANSFER OF RIGHTS IN THE PROPERTY
The benefidary of this Security Instnlment is M ERS (solely as nominee for Lender and Lender's successors
and assigns) and Ihe successors and assigns of MERS, This Security InstnulIent secures 10 Lender: (i) the
repaymelll of the Loan, and all renewals, extensions and mOLlifications of the Note; and (il) the performance of
Borrower's covenants and agreements under this SecnrilY Instrument and the Note, For this purlKlse, Borrower
irrevocably grants and conveys to Trustee, in tl1lsl, wilh power of sale, tile following described property located
in the
COUNTY of ADA
{Type of Recording lurisiliclion]
INom" of Recording Jurlsdlclion]
G.;6A{IO) (0005)
CHL (08/00)
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Form3~
DOC 10 # 000008379440030
LOT 20 IN BLOCK 7 OF SHERBROOKE liOLLOWS SUBDIVISION NO.3, ACCORDING TO
THE OFFICIAL PLAT THEREOF, FILED IN BOOK 79 OF PLATS AT PAGE 8407.8408,
AND AMENDED BY AFFIDAVITS RECORDED NOVEMBER 11, 1999, AS INSTRUMENT NO,
99111530 AND 99111531, AND AMENDED BY AFFIDAVIT RECORDED JANUARY g, 2001
AS INSTRUMENT NO. 101002208 OFFICIAL RECORDS OF AOA COUNTY, IDAHO.
ParcellD Number:
2127 EAST POWDER RIVER DRIVE, 11ERIDIAN
Idaho 83642
which currentty has lIle address of
("ProperlY Address"):
IStreellCilY]
(Zip Cod"l
TOGETHER WITH al! Ihe improvements now or hereafter erected on lhe properly, and all easemenls,
appltrlenanCes, al\ll fixlures now or hereaf1er a part of the property. AU replacemenls al1!t additions shall also
he covered by this Security Instrument. AJJ of the foregoing is referred 10 in this SecurilY Instrumenl as the
"ProperlY." Borrower understands and agrees Ihal MERS holds only legal lille to the interests granted by
Borrower in the Security Inslrument, hut, if necessary to comply with law or cuslom, MERS (as nominee for
Lemler an,l Lender's successors and assigns) has the right: to exercise any or all of those interesls, including,
but not IimilCd to, the rigllt 10 foreclosure and selllhe Property; and to lake any action required of Lender
including, Imt notlimitcd 10, releasing and canceling this SecurilY Instnnnent.
BORROWER COVENANTS thaI Borrower is tawfulty seised of the estate hereby conveyed and has
the right to gran! and cOllvey the Properly allll Ihat the Properly is unencumbered, except for encumhrances of
record. Borrower warrants and will defend generally the litle to lIle Prollefly against all claims and demands,
subjecllo any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenanls for national use and non-unifonn
covenanlS with Iimite,1 variations hy jurisdiction to constitute a uniform sccurity inslrumelll coverhlg real
properly.
UNtFORM COVENANTS. Borrower and Lemler covenant and agree as follows:
1. l'ayment of PrincJpal, Interest, Escrow Items, Prepayment Charges, and LaIc Charges.
Borrower shal! pay when due lhe principal of, and inlerest on, the debt evidenced by the Note and any
prepaymelll charges and lale charges due under the Note. Borrower shall also pay funds for Escrow Items
pursuan~ to Section 3. Payments due under the Note and Ihis Security Instrument shall be made in U.S.
cnrrency. However, if any check or other instrument received by Lender as payment under the Note or this
Security Instnnnent is relurned 10 Lem~er unllaid, Lender may require thaI any or all suhseqnent payments
due nnder the Note and this Security Inslrumenl bc made in one or more of lhe foll<lwing forms, as selected
by Lender: (a) cash; (b) money order; (c) cenified check, bank check, treasurer's check or cashier's check,
provided any sllch check is drawn upon an institution whose deposils are insured by a federal agency,
instrumcntality, or entity; or (d) EleClronic Funds Transfer.
Payments are deemed received by Lemler when received at the location designated in the Note or at
snch other location as may be designaled by Lemler in accordancc with lIle not ice provisions in Seclion 15.
Len,ler may return any payment or partial payment if the payment or panial payments are insufficient 10 bring
lIm Loan current. Lender may accepl any payment or partial paymenl insuflicient to bring lIle Loan current,
withont waiver of any righls hereunder or prejudice [0 its rights to refuse such Ilaymcn! or partial payments ill
the future, bill Lender is nol obligated 10 apply such paymenls at the time slIch payments are accepted. If each
Periodic Payment is applied as of hs scheduled due date, then Lender need not pay interest on unapplied
flUIds. Lender may hold such unapplied lill}ds unlil Borrower makes paymcnt to bring the Loan current. If
Borrower does not do so within a reasonallle period of time, Lender shall either apply such funds or rentrn
them 10 Borrower. If not applied earlier, such I\mlls will be applied 10 the outstanding; principal balance Ilnder
the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the
flmlfe againse Lender shall relieve Borrower from making payments due under lhe Note and this Securily
I nstrument or performing lhe covenants and agreements sccured by Ihis Security lostmmenl.
2. Application of Payments or Proceeds. Except as otherwise descrihed in lIlis Section 2, all payments
acceptcd and applied by Lender shall be applied in the following order of priorily: (a) inlerest due under the
Note; (b) principal due under the NOle; (c) amounts due under Section J. Such payments shall be applied to
each Periodic Payment in the order in which il became due. Any remaining amounts shall be applied first to
late charges, second 10 any olher amounts due under lhis Security Inslmment, and then to reduce the principal
balance of the Note,
to\!! -6A(IOI (OOO~)
CHL (OaloO)
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1""'0.10: t..~
Farm 3013 1101
DOC ID # 000008379440030
If Lender receives a paymenl from Bnrrower for a uelinquent Periodic Payment which includes a
sufl1cienl amoun! to pay any late charge due, lhe paymenl may be applled 10 the delinquent paymen! and Hle
lale charge. If more than one Periodic Payrnelll is outstanding, Lender may apply any \laymenl received from
Borrower 10 the repayment of the Periodic P.tylllems if, and (0 tbe ex[cm that, each payment can be paid in
filII. To the extent Ihat any excess exisls after the payment is applied to lhe filII payment of one or more
Periodic Payments, such excess may be applied to any late charges due, Voluntary llrepaymenls shall be
appliecl first to any prepayment charges and \lIen as described in Ihe N Ole.
Any application of paymems, insurance proceeds, or Miseellaneous Proceeds to principal due under the
NOle shall nol extend or pnslpone Ule due dale, or change the amount, of Ihe Petiodic Paymenls.
3. Funds fur Escrow Items, Borrower shall pay to Lemler on the day Periodic Payments are due under
Ihe Note, unlillhe Note is paid in full, a sum (the "Funds") 10 provide for paymenl of amonnts due for: (a}
taxes and assessments anll olher ilems which can allain priority over this Security IlIslmment as a lien or
cncumbrance Oil the Property; (b) leaschold payments or ground relllS on the Properly, if aoy; (c) premiums
for any and all insmance rellUlred b}' Lender under Seclion 5; and (d) Mortgage Insurance premiums, if any,
or any sums payable by Borrower to Lender in lieu of Ihe payment of Mortgage Insurance premiums in
accordance with the provisions of Seclion 10. These items are ca lIell "Escrow Hcms." At originat ion or at any
time during the term of Ihe Loan, Lender may require Ihal Community Association Dues, Fees, and
Assessments, if any, be escrowed by Borrower, am! such dues. fees ami assessments shall be an Escrow Item.
BMrower shall promplly fll rnish to Lender all nol ices of all10unts to he paid under this Section. Borrower
shall pay LelKler the Funds for Escrow Items untess Lender waives Borrowt;r's obligalion to pay the Funds
for any or all Escrow \lems. Lender may waive Borrower's obligation to pay to Lemler Funds for any or alt
Eserow Items al any time. Any such waiver may only be in writing. In the: evenl of such waiver. Borrower
shall pay directly, when ami where payable, the amouuts due for any Escrow hem.s for which paymenl of
Funds has been waived by Lender and, if Lemler requires, shall furnish to Lemler receipts evidencing snch
payment wilhin S\lch time period as Lender may require, Borrower's ohligation to make such payments and
10 provide reee ipls sball fDr all pu rposes be deemed (0 be a covenant and agreement cDllIained in this Securily
Instrument, as the phrase "covenant and agreement" is IIsed in Seclioll 9. If Borrower is obligaled to pay
Escrow hems directly, pursualll to a waiver, IInll Borrower fails to pay the amount due for an Escrow Item,
Lender may exercise its rights under Section I) ami pay sllch amount and Borrower shall then he obligated
under Seclion \} to repoy 10 Lender any such amoulIt. Lendcr may revoke the waiver as to any or a\l Escrow
Hems at any lime by a nolice given in accordance wilh Section 15 and, upon slIch revocation, Borrower shall
pay to Lender aU Funds, and in such amoullls, thaI are Ihen required under this Section 3.
Lemler may, al any lime, collect and hold Funds in an amount (a} sufficient 10 permit Lender to apply
the funds at the time specified under RESrA, amI (b) not 10 exceed Ihe maximum amount a lender can
require under RESPA. Lenller shall eslimale Ihe amouot of Funds due on Ihe basis of current data and
reasonable estimates of expenditures of fiuure Escrow Hems or otherwise in accordance with Applicable law.
The Funds shall he held in an institulion whose deposits are insured by a federal agency, illStmmentality,
or entity (inCluding Lender, if Lender is an inslilution whose deposits afe 50 insured) or in any Fetleralllome
Loatl Bank. Leuder shall apply the Funds 10 pay the Escrow Items no latcr than the time specified under
RESPA. Lender shall not charge Borrower for holdiog and apptying Ihe Funds, anmlally analyzing the
escrow account, or veri fying Ihe Escrow hems, unless Lender pays Borrower inleresl on the Funds and
Applicable L1W permits tender to make such a charge, Unless all agreement is made in writing ar AppJicable
Law requires inlerest 10 be paid on the Funds, Lender shall not he required 10 pay Borrower any interest or
earnings on the Funds. Borrower and Lender can agree in wriling, however, Ihat interest shall be paid on the
Funds. Lender shall give 10 Borrower, wilho\ll charge, an annual accoullling of Ihe Funds as required by
RESPA.
If there is a surplus of Fumls hcfd in escrow, as defined under HESPA, Lender shall account 10
Borrower for the excess funds in accordance with RESP A. If there is a shortage of Funds held in escrow, as
definell under RESPA, Lender shall notify Borrower as require(ll>y RESPA, and Borrower shall pay 10
Lender lhe amOlllll n~cessary 10 make up Ihe sharlage in accordanee with HESPA, hul in no 1Il0re Ulan 12
monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, l.ender slmll
notify Borrower as required by RESPA, anti Borrower shall pay (1) l.emler the amount necessary to make up
the deficiency in accordance with RESPA, hul in no more than 12 manlhly paymenls.
Upon payment in full of all sums secllfetl by this Security Inslmmelll, Lender shall promptly refund 10
Borrower any Funds held by Lender.
4, Charges; Licns. Borrower shall pay all taxes, assessments, charges, fines, and impositions
allriblllable 10 Ihe Property which can attain priority ovcr this SL'Cllrity lnslmment, leasehold payments or
ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, ifany. To lhe
extent Ihallhese items arc Escrow Items, Borrower shall pay them in the manner provided in Seclion3.
Dorrower shall prnmptly discharge any lien which has priority over this Security Instmment unless
Borrower: (a) agrees in writing to the payment of the ohligation secured by lhe lien in a ll\llnner acceptable to
Lender, bUI only so long as Borrower is performing such agreement; (b) conlest:> the lien in good fllith by, or
defends againsl enforcement of the lien in, legal proceediugs which in Lender's opinion operate to prevent the
enfofcemem of the lien while Ihosc (lfOCeedillgs are pending, but only until such proceedings are concluded;
or (c) secures from the h(llder of the licn an agreement satlsfaelory to Lemler subordinating Ihe lien to this
Security Instntment. If Lendcr delennines that any part of the Property is subject to a lien which can attain
1"lIlo1"~/
Form 3013 1101
_.;;AIID) 100051
CIlI.. (OalOo)
P.Q~tl-4 oj 11
DOC 10 # 000008379440030
priority over lhis Secu rily Instrument, Lender may give Borrower a notice identifying the lien. Within lQ
days of Ihe dale on which that notice is given, Borrower shall satisfy the lien or take one or more of Ihe
actions sel fonh above in Ihis Seclion 4,
Lender lIlay require Borrower to pay a (me.time charge for a real estate lax vedficalian and/or reporting
service used by Lender in c0l1l1ection with this Loan.
S. I'ropcrty Insurance. Borrower shall keep lhe improvements now existing or hereafter erected on the
Property insured against loss by fire, ha~ards indudcd within the !Crm "extended coverage," and any other
hazards including, but not limited 10, eanltquakes and floods, for which Lender requires insurance. This
insurance shall be maintained in Ule amounls (including deducl ible levels) and for the periods Ihat Lender
requires. Whal Lender requires pursuant to Ihe preceding sentences can change during the term of \he Loan.
The insurance carrier providhlg lhe insurance shall be chosen by Borrower subject to Lender's right to
disal1pfOve Borrower's choice, which right shaH not be exercised unreasonably. Lender may require
norrower to pay, in connection with this Loan, eilller: (a) a one.time charge for fiood zone determination,
certification and trnclting services; or (b) a one.tllne charge for flood zone determination and certificalion
services and subsequent chargcs each time remapllings or similar changes occur which reasonallly might
affect such delerminal ion or certification. Borrower shall also Ile responsible For tlte payment of any fees
impnscd by lhe Federal Emergency Managemelll Ageucy in connection with the review of any fiood zone
delerminalion resnlting from an objection by llorrower.
If Borrower fails to maintain any of the coverages described abuve, l.cnller may obtain insurance
coverage, al Lender's oflliol1 and Borrower's expense. Lender is under no obligation 10 purchase any
panicular type or amount of coverage. Therefore. such coverage shall cover Lender, bill might or might not
protect Borrower, Borrower's equity in the Property, or the contenls of Ihe Property, against any risk, hazard
or liability and might pTOvkle greater or lesser coverage than was previously in effect. Borrower
acknowledges that Ihe cost of the insurance coverage so obtained might significantly exceed the cost of
insurance Ihat Borrower could have obtained. An)' amounts disbursed uy Lender under this Seclion 5 shall
become additional debt of Borrower secured by Ul is Security Instrument. 1llese amOllnls shall bear interest at
Ule Note rale from the date of disbursement and shalllJe payable. with such interesl, upon notice from Lender
to Borrower requesting paymen\.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's
righl to disapprove sllch policies, Shall include a standard mortgage clanse, and shall name Lender as
mortgagee and/or as an additional loss payee, Lender shall have Ule right to hold the Jlolicies and renewal
certificates. If Lender requires, Borrower shall promptly give to Lender all receipls of paid premiums and
renewal notices. If Borrower oblains any form of insurance coverage, not otherwise required by Lender, for
damage 10, or destruction of, the Property, such policy shall include a standard mortgage clause and shall
name Lender as mOrlgagee and/or as an additional loss payee.
In Ihe event of loss, Borrower shall give prompt notice to Ihe insurance carrier and I.cnder. Lender may
make proof of loss if not made promptty by Borrower. Unless Lender and Borrower OIherwise agree in
writing, any insurance proceeds, whetller or not the underlying insurance was required by Lender, shall be
applied to restoration or repair of the Property, if the restoration or repair is econOlnicalJy feasibte and
Lender's security is not lessened. During such repair and restoration Jleriod, I.ender shall have Ihe right to
hold suc h insurance proceeds unlil Lendcr has had an ollporlunily to inspect slleh Property to ensure the work
has been compleled 10 Lender's satisfaction, provided thaI sllch inspection shall be undertaken promptly.
Lender may dishurse proceeds for the repairs ami restoration in a single paymem or in a series of progress
payments as thc work is completed, Unless an agreement is made ill wriling or Applicahle Law requires
ioterestto be paid on such insurance proceeds, L.ender shall nOI he required to flay Borrower any interest or
earnings on such proceeds. Fees for public adjuslers. or oilIer third parties, relained by Borrower shall uut be
paid out of tile insurance llroceeds and shall be the sole obligation of llorrower. If Ihe resloration or repair is
nat economically feasible or Lender's securily would be lessened, the insurance proceeds shall be applied \(l
Ihe sums secured by Ihis Security InSlntll1ent, whelher or not then due, wilh the excess, if any, paid 10
Borrower. Such inSllrance proceeds shall he applied in the order provided for ht Secl ion 2.
If Borrower abandons Ihe Property, Lemler may file, negotiale and settle any available insurance claim
and related mallers. If Borrower does not respond within 30 days to a notice from Lender that the insmance
carrier has offered to sellle a claim, then Lender may negotiate and seH!e tlte claim. The 30'day period will
begin when the notice is given. In either event, or if Lender acquires the Properly under Section 22 or
otherwise, Borrower hereby assigns 10 Lemler (a) Borrower's rights to any insurance proceeds in an amount
not to exceed the amounls unpaid under the Note or this Security Illstnnnent, and (b) any odler of Burrower's
rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance
policies covering the Propcrty, insofar as such rights are applicable 10 the coverage of the Property. Lender
may use the insurance proceeds either to repair or restore tlte Property or to pay amounts unpaid under the
Note or Ihis Security Instrumenl, w!teUler or oot then due.
6. Occupallcy. llorrower shall occupy. establish, and use the ProperlY as Borrower's principal residence
within 60 days after the execution of this Security Instrument and shall continue 10 occupy Ihe Property as
Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise
agrees in writing, which canselll shall not be u nreasonahly willlheld, or unless extenuating circumstances
exist whieh are beyond Borrower's control. '
G '6A(ID) (OOOS)
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CHL (OBI00)
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101110.1<: ~ c....-
form 013 1101
DOC 1D # 000008379440030
7. Prcservation, Mlllntenunce l1IHI Prolccllon of the Properly; Inspections. Borrower shall not
desl roy, damage or impair Ihe Property, allow Ihe ProperlY 10 deteriorale or commit waste on the Property.
Whether or tlol Bormwer is residing in the Property, Borrower Shall mahllainllv: Property in order to prevent
the Properly from deteriorating or decreasing in value due 10 ils condition, Unless it is determined pursuant to
Seclion 5 that repair or restoration is not ecollOmicatly feasible, Borrower shall promlllly repair the Property if
damaged 10 avoid further deterioration or damage. If insurance or condemnation proceeds are paid in
connec tion with damage to, or the taking of, the Property, norrower shaH be responsible for repairing or
restoring the ProperlY only if Lender has released proceeds for snch !lUrpllSes, Lemler may di~hurse proceeds
for the repairs and reSloratlon jn a single payment or in a series of progress paymellls as tile work is
completed. If Ihe insurance or condemnation proceeds are not sufficient to repair or restore the Property,
Borrower is not relieved of Borrower's ouligatinl\ for the completion of such rerair or restoration.
Lender or ils agent may make reasonable entries upon and inspect iOlls of the Property, If it has
reasonablc cause, Lemler may inspect IIII' interior of the improvements on the Properly. Lemler shatt give
Borrower notice at Ihe lime of or prior 10 such an inlerior inspection specifying sllcb reasonable calise.
8. Borrower's Loan ApplicatIon, Borrower shall he In default if, \luring Ihe Loan apll!ieation pfOcess,
Borrower or any persons or entities acting at the direction of Borrower or with Bnrrower's knowle,tge or
consel\t gave malerially false, misleading, or inllccurate information or stalements to Lender (or failed 10
provide Lender with material informalion) in conneclion wilh the Loan. Material representations inctude, bnt
arc not limited to, represenlations concerning Borrower's occupancy of the Property as Borrower's principal
residence.
9. l'roteelion of Lender's Interest in the Property und IUghts Under Ihis Security lustrllment, If
(a) Borrower fails to perform the covenants and agreements contained in Ihls Security lnstnunenl, (tl) Ihere is
a legal proceeding thaI might slgnificanlly affecl Lender's interest in the Propeny and/or rights under this
Security Instnnnel1l (such as a proceeding in bankntptcy, probate, for condenmation or forfeiture, for
enforcement of a lien whietl may aHain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower ha~ abandoned Ihe Properly, then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest ill tile Properly and rights under this Security
Instrumem, including protecting andior assessing Ihe value of the Properly, and securing andior repairing
the Property. Lender's actions can include, but are nOllimited to: (a) paying any sums secured by a lien which
has priority over this Security Instrument; (ll) appcaring in eourtj and (c) paying reasonable attorneys' fees to
protecl its interest in the Property andior rights under this Security InslmmcOl, including its secured position
in a bankmplcy procecding, Securing the Property includes, but is not limited to, entering the Properly to
make repairs, change locks, replace or board 111' doors and windows. drain waler from ripes, eliminate
Il1liltliJlg or otlter code violations or dangerous conditions, and have ulilities turned on or off. Although
Lender lllay take action under lhis Seclion 9, Lender docs \l01 have 10 do so and is not under any dnlY or
obligation 10 do so. It is agreed Ihal Lender incurs no liabilily for nOI taking aoy or all acllons authorized
under tllis Section 9,
Any amounts disbursed by Lentler lImier Ihis Section 9 shall become additional debt of Borrower
secmcd by this Security hlslmment, 'Dlese amounts shaH bear interest at lhe Noll' rate from the date of
t1isbursemcm and sllall be payable, Wilh snch interest, upon notice from Lender 10 Borrower reqnesting
payment.
Ii this Secnrlly Instnlment is on a leasehold, Horrower shall comply wilh all tile provisions of t1le lease.
If Borrower acquires fee tille to Ihe Prnperty, Ihe leaseltotd and the fee litle shall not merge unless Lemler
agrees 10 the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making lite Loan,
Borrower shaH pay the premiums required to rl1<linlain the Mortgage IllSurance in eftccl. If, for any reason,
lhe Mortgage Insurance coverage required by Lender ceases to be available from tlle mortgage insurer that
previously provided such insurance and Borrower was required to make separalety designated payments
toward IIII' premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage
substanlially equivalent 10 the Mortgage Insurance previously in effect, at a cost substantially equivalent to
the cost 10 Borrower of the Morlgage Insurance [lreviollsly in effect, from atl alternate mortgage insurer
selected by Lender. If substantially equivaleIll Mortgage Insurance cnverage is not avaifahle, Borrower shall
continue to pay to Lender the amouIll of the separately designate,1 paymell!s that were due when the insurance
coverage ceased to he in effect. Lender will accept, use ami relain Ihese payments as a non-refundable loss
reserve in lieu of Morlgage Insurance. Such loss reserve shall be non. refundable, notwithstanding the fact that
the Loan is ullimately paid in full, and Lender shall not he required to pay Borrower any interest or earnings
on such loss reserve, Lender can no longer require loss reserve paymenls if Mortgage Insurance coverage (in
the amollnt and for the period that lender requires) provided by an insurer selected by Lender again becomes
available. is obtained, and Lender requires separately designated payments toward lhe premiums fnr Mortgage
Insurance, If lender required Mortgage Insurance as a condition of making the Loan and Borrower was
required 10 make separately designated paymellls toward the premiums till' Morlgage Insurance, Borrower
shaH pay the premiums required to maintain Morlgage Insurance in effecl, or to provide a non-refundahle toss
reserve, unlil Lemler's requirement for Morlgage Insurance ends in accordance wilh any written agreement
between Borrower and Lender providing for sllch termination or untUlermination is required hy Applicable
Law. Nothing in this Section 10 affects Bnrrower's nhligatioh 10 pay interest at tlte rate provided in lhe Note,
O.;6A(ID) (ooa~)
CHl (na100)
PttgQ 6 01' i1
Inltl<l.: c: Lr-..V
~3n131/1)1
DOC 10 # 000008379440030
Mongage Insurance reimburses Lender (or any elltily that purchases Ihe Nole) for certain losses it fi1l\Y
incur if Borrower tloes not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mongage insurers evaluate their total risk on all sllch insurance in force from time to lime, aml may
emer into agreements wilh olher parties that share or modify their risk, or redllce losses. These agreements are
on terms and conditions that nee satisfactory 10 the mortgage insurer and lhe other party (or panics) to these
agreements. These agreements may requirc the mortgage insnrer 10 make payments using any source of funds
that the mortgage iIllinrer may have available (Which may include funds ohtained from Mortgage IllSurance
premiums).
As a result of these agreements, Lender, any purchaser of the Note, anolher insurer, any reinsurer, any
other eutity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amoun!s that derive
from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange
for sharing {)f modifying the mortgage insurer's risk, or reducing losses. If snch agreemen! Ilcovides that an
affiliate of Lender lal;es a share of the insurer's risk in exchange for a share of the premiums paid 10 the
insurer, the arrangement is often termed "captive reinsurance," Funher:
(a) Any snch agreements will lIot uffect the amollnts thaI Uorrowcr hllS agreed to pay for
Mortgage Insurunce, 01' uny other temlS of lIw Loan. Such agreemeuls wlllnot incl'euse Ihe llmOnnt
Borrower will owe for Mortgage Insnrance, and they will IIOt entitle Uorrower 10 any \'efulId.
(h) Any such agreements will 1101 uffeet the rights Harrower Ims . if any - wilh respect to the
Mortgage Insnnmce undcr the Homeowners I'rotecllon Act of 1998 or any ollte.' law. These rights may
Inclnde the right to receive ccrtaln disclosllrcs, to rcqucst and oblutn cuuceltlllion of the l\'lortgalle
Insllrance, \(1 have the Morlgugc Insurance lel'mlullted Ilulomutkally, uud/m' 10 l'ccelve a refund of llllY
Mortgage hlsul'ancc premiullIs tltat were ullearned ullhe lime of such ellllcellallnll 01' lermloutlm\.
11. Asslgnlllent of l\'liseellulleolls l'rocecd5; Forfeiture. All Miscellaneous Proceeds are hereby
ass igned to and shaH be paid to Lender.
If the Property is damaged, such Miscellaneolls Proceeds shall be applied 10 restoration or repair of the
Property, if lhe restoration or repair is economically feasible and Lender's security is not lessened. During
such repair and restoration period, Lender shall have the righl to hold slIch Miscellaneolls Proceeds until
Lender lias had an opportunity to inspect such Property to ellSure the work has been completed to Lender's
satisfaction, provided that slIch inspection shall be undertaken promptly. Lemler lIlay pay for the repairs and
restoration in a single disbursement or in a series of progress payments as the work is completed, Unless an
agreemcnt is made in writiog or Applicable Luw re1luires interest to he paid on such Miscellaneous Proceeds,
Lender shall nOI be required to pay Borrower any illlerest or earnings on such Miscellaneous Proceeds. If the
restoration or repair is not econOlllically feasible or Lender's security woultl, be lessened, tile Miscellaneous
PrOCeeds shall be applied to the sums secured hy Ihis Security hlSll1lment, whether or not then due, with the
excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied ill the order provided for ill
Section 2,
In the evelll of a tola! laking, destruct ion, or loss in value of the Property, the Miscellaneous Proceeds
shaH lie applied to the sums secured by this Security Instnlll1ent, whether or Ilot Ihcn dlle, with the excess, jf
any, paid to Borrower.
In the event of a partial laking, destruction, or loss in value of the Property in which the fair market
value of the Properly immediately before the partial taking, destruction, or loss in vahle is equal to or greater
than the amount of the sums secured by tltis Security Instnlment immediately before the partial taking,
destrllction, or loss ill value, unless Borrower and Lender otherwise agree in writing, the sums secured by this
Security Instl1lmeltl shal! be reduced by the amount of Ihe Miscellaneolls ProCeeds multiplied by the
following fraction: (a) the lotal amount of the sums secmed immediately herore the partial taking, destmclion,
or loss in value divided by (b) the fair market vahm of the Property immediately llefore the parlial laking,
deslruction, or loss ill vallie. Any balance shall be paid to Borrower.
In the event of a parlial laking, destmcfioIl. or toss in value of the Property in which the fair market
value of the Prnperty immediately before lhe partial taking, destmclinn. or loss ill value is less than the
amounl of the sums secured immediately before the partial laking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, Ihe Miscellaneous Proceeds shall he applied to the slims
secured by this Securily InstCllOlent whellter or not the stllns are then due.
If the Property is ahandoned by Borrower, or if, after nOlice by Lender to Borrower that the Opposing
Party (as defined ill the IICXI sentence) offers to make an award to sellle a claim for damages, Borrower fails
to respond to Lender within 30 days uner the date the notice is given, Lender is authorized to collect and
apply tlte Miscellanemts Proceeds either to restoration or repair of the PrO{lerty or to Ihe sunl$ secured by this
Sccurity JIIStfilmenl, whether or not then due. "Opposing Party" means the third pany thai owes Borrower
M iscellaneolts Proceeds or the party against whom Borrower has a righl of action in regard 10 MisceHaneous
Proceeds,
Borrower shall be in default if any action or proceediog, whether civil or criminal, is begun IlIat, in
Lender's judgment, could resuil in forfeiture of tlte Property or other material impairment of Lender's interest
in the Property or righls llllder this Security IllSlmment. Borrower call cure such a defauil and, if acceleration
has occurred, reinstate as provided in Scction 19. by taming the action or Ilroceeding to be dismissed with a
ruling that, ill Lender's judgment. precludes forfeiture of the ProperlY or olher material impairment of
Lender's interest in Ibe Protlerly or rights under Ihis Security Instnlluent. The proceeds of any award or claim
for damages that are allributable to the impairment of Lender's interest in lhe Property are hereby assigned
and shall be paid 10 Lender, ~U
m~UI!..h,":
~a.:6A(lO) (OOOSl CHL (OS/OO) P>O.1 oll \ for 3013 1101
DOC 10 # 000008379440030
All Miscellaneous Proceeds tllat are not applied 10 restoration or repair of the Property shall be applied
in the order provided for ill Section 2.
12. llarrower Not Released; forbelll'llllCe lIy Lender Not II Waiver. Extension of the time for
payment or modification Ill' amortization of the sums secured by Ihis Security Instnllllent granted hy Lender
to Borrower or any Successor in lmerest of Borrower shall not operale 10 release the liability of Borrower or
any Successors in Imerest of Borrower. Lender shall not be required to cOlllmence proceedings against any
Successor in Imeresl of Borrower or to refuse to extend time for paymem or otherwise modify amortization
of the sums secured hy Ihis Security Instrument by reason of any demand made by the original Borrower or
any Successors in Interest of Borrower. Any forbearance by Lemler ill exercising any right or remedy
including, wilhom limitation, Lender's acceptance of payments from lhird persons, cmities or Successors in
Intcrest of llorrower or in amounts less than the amollnt then due, Shall not be a waiver of or preclude the
exercise of any right or remedy.
13. .Joint and Sevcral Liability; Co-signcrs; Successors llnd Assigns lIonnd. Borrower covenants and
agrees that Borrower's obligations and liability shall be joiol and several. However, any Borrower who
co-signs Ihis Secnrlty InSlnllllent hut does not execute Ihe NOle (a "co-si!\ner"): (a) is co-signing Ihis Security
hlSlrumellt only 10 mortgage, granl and convey the co-signer's interest in the l'roperty under lhe [em15 of this
SecurilY Instrument; (Il) is not persolllllly obligated to pay the Sllms secured by this Security Instrument; and
(c) agrees that under and any other Borrower ean agree to exteoll, modify, forhear or make any
accommodations with regard to the terms of Ihis Security Instnllnenl or Ihe Note witho\ll the eo-signer's
consent.
Sulljecllo the provisions of Section 18, any Successor in Interest of Borrower who assumes llorrower's
nbligations under Ihis Security Inslrument in writing, aod is approved by Lender, shaH obtain all of
Borrower's rights and hcnefils under tbis Securily Instnnnelll. llouower shaH not be released from
Borrower's obligations and Iiahility under this Security [ostrumer1l unless Lender agrees to such release in
writing, The covenants and agreements of this Security lnslrumem shall bind (except as I}rovided in Section
20) and benefit the sllccessors and assigns of Lender.
14. Loan Charges, Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Leader's inlerest in tlm Properly and righls under this
Seemily Ins[mlllent, including, but not limited 10, auorneys' fees, property inspection and valualion fees. In
regard to any other fees, the absence of express authority in this Security It\Stflnnenl to charge a specific fee
to Borrower shall not be construed as a prohibition on the chilrging of such fee. Lender may not eharge fees
tbal are expressly prohibited by this Sccurity InslftUnent or by Applicable Law.
If tbe Loan is subjecl to a law which sets maximum loan eharges. and that law is finally interpreted so
that Ihe interest or other toan charges collectcd or to lie collected itl connection with the Loan exceed the
permiued limits, then: (a) any sllch loan charge shall be reduced hy the amount necessary to reduce Ihe charge
10 the permilled limil; and (ll) any sums already collected from Borrower which exceeded permilted limits
will he refunded to Borrower. Lender may choose 10 make this refund hy redllcing the principal owed under
the Note or by making a direct paymellt to Borrower, If a refund reduces principal, the reduction will be
treated as a partial prepayment wilhom any !lrejlaymcnt charge (whether or not a prepaymem charge is
provided for under 11Ie Note), Borrower's acceptance of any such refund made by direct payment to Borrower
will constitute a waiver of any right of actionllorrower mighl have arising aut of sllcll overcharge.
15, Notices. All notices given by BorrOwer or lender in connection with this Security Instmment must
be ill writing. Any notice to Borrower ill coonce lion wilh this SecurilY Instfilment shall be deemed 10 have
been given to Borrower wilen mailed by first class mail or when actually delivered 10 Borrower's notice
acldress if senl by olher means. Notice to anyone Borrower shall constitute noticc to all Borrowers unless
Applicable Law expressly requires olherwise, The nolice address sball be the Property Address unless
Borrower has designated a substitute notice address hy notice to Lender. Borrower shall promptly notify
Lender of Borrower's change of address. If Lender spccilies a procedure for reporting Borrower's change of
ad(lress, then Borrower shall only report a change of address through (hat specified procedure. There may be
only one designated notice address under this Security Instrument at anyone time. Any notice to Lender shall
he given by delivering il or hy malting it by first class mailw Lender's address staled herein unless Lender
has designated anotber address by notice to Borrower. Any notice in connection with this Security Instillment
shall not he deemed 10 have been given to Lender uulit acmaHy received by Lender. If any notice required by
this Security Instnlmelll is also required under Applicable Law, the Applicable Law requirement wilt satisfy
lhe corresponding requiremelllunder this Security 1115trumeol.
16. Governing Law; Severability; Rules of Construction. This Secllrity Instmmenl shall be governed
hy federal law and the law of the jurisdiction in which the l'roperty is located, All rights and obligations
contained in this Secmity Instrument arc subject to any requirements and limitations of Applicable Law.
Applicahle Law mighl explicitly or implicitly allow Ihe parties to agree by contract or i1 might be silent, bUI
sllch silence shall not be cooslmed as a prohibition against agreemem by conltact. In the event thaI any
provision or c1anse of Ihis Security Instrument or the Note conflicls with Allpticable Law, snch conflict shalt
not affect other provisions of this Security lnstmmellt or the Note which can he given effect without the
conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gciuler; (1)) words in IIle sing1llar shall mean and
include the plural and vice versa; and (c) the word "may. gives sole discretion without any obligation to lake
any action, ~c/
filIIIQ~.:
O.;6A(tOl 10005) CHL (05100) rana 8 0111 . or 3013 1101
DOC 10 # 0000Q8379440030
17. Uill'rOWer's Cupy. BOHower shall be given one copy of lhe Note and of this Security Instmment.
18, Transfer of the Properly 01' II Beneficial Interest in Borl'owel'. As used in this Section 1&,
"InWreSI in the Properly" means any legal or beneficiat imeresl in the Property, illctlllling, bUI not limited to,
lllllse beneticial interests transferred in a bond lor deed, contract for deed. installment sales contract or escrow
agreement, the intent of which is the (ransfer of title by Borrower at a future date to a purchaser.
If all or any parl of Ihe Propeny or any Interest in the ProperlY is sold or transferred (or if Borrower is
nOI a natural person ami a bcneficial imerest in Borrower is sold or transferred) withont Lender's prior written
cOllSent, Lemler may require immediate payment III f\lll of all sums secured by Ihis Security Instrumenl.
Howewr, this option shall not be exercised by Lemler ifsllch exercise is prohilJited by Applicable Law.
If Lender exercises tllis option, Lemler shall give Borrower notice of acceleration. TIle nOlice shall
provide a period of nOI less than 30 days from thc date the notice is given in accordance with Section 15
within which Borrower mUst pay all sums secmed by III is Security Inslmment. If Borrower fails to pay these
Slims prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument wilhout further notice or demand on Bnrrower,
19, lIorrower's HIght to Reinstate Arter AcceleralIon. If I3nrrower meets certain conditions,
Dorrower shall have the right to have enforcemenl of this Security Instnlment discootinued at any time I}rior
to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in Illis
Security Inslrument; (II) such other period as Applicable Law might specify for the termination of Borrower's
right 10 reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditioll5 are that
Borrnwer: (a) pays Lender all sums which Ihen would uo due under lhis Security Instrumont and the Note as
if no acceleration had occurred; (II) cures any default of any other covenanls or agreemenls; (c) pays all
expenses incmred in enforc ing lhis Secut!IY Inslmmenl, including, but nOI limited 10, reasonable atlomeys'
fees, properlY inspection and valuation fees, amI other fees incurred lor lhe purpose of protecting Lender's
interest ill the Propeny and rights under Ulis Security Inslmment; and (d) takes such action as Lender may
reasollabty require 10 assure that Lender's interest in the Property and righls under this Security Inslnlment,
and Bnrrower's obligation to pay Ule sums secured by this Security IllstnlJllcnl, shall continue unchanged,
Lender may reijuire that Borrower pay sllch reinstalement sums and expenses in one or more of the follOWing
forms, as selecled by Lender: (a) cash; (h) money order; (c) eertil1ed check, bank check, lreasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a fetlerat
agency, IJlSImmentality or enlity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this
Security lnstmmcnt and obligations sccured IlCrcby shall renlain fully effective as if no acceleration had
occurred, However, this righlto reinstale shall 1101 apply in the case of acceleration under Section 18,
20. Sale lIf No(cj Change of LOlm Servicer; NOlice of Grlevallce, The Note or a parlial inlerest ill the
Note (togellter with this Securily Instmment) c~n be sold one nr more times without prior nOlice 10 Borrower.
A sale might resull in a change in Ihe entilY (known as the "Loan Servicer") that collects Periodic Payments
dlte under the Note and this Security 111slnllnent and performs olher mortgage loan servicing obligations
under the Notc, this Security Instrument, and Applicable Law. nlere also might be one or more changes of
the Loan ServiceI' unre[ated to a sale of the Note, If there is a change of tile Loan ServiceI', Borrower will be
given wriuen nOlice of the change which will stale the name and address oj' lhe new Loan Servicer, the
address to which payments should be made and any other information RESPA requires in conneclion with a
notice of transfer of servicing. If Ihe Note is sold and thereafter the Loan is serviced by a Loan ServiceI' other
than the purchaser of Ihe Note. Ihe mongage loan servicing obligat ions 10 Borrower will remain Wilh lhe
Loan ServiceI' or be transferred to a successor Loan ServiceI' and are not assumed hy llle Note purchaser
unless otherwisc provided by Ihe NOle purchaser.
Neither Borrower nor Lender llIay commcnce, join, or be joined to any judicial action (as either an
individual litigant or the nle[\lller of a class) that arises from lhe OilIer party's actiOns pursuant 10 U\is Security
Inslrument or that alleges thatllle oUler party lias breached any provision of, or any dUly owed by reason of,
this Securhy 11IS1r1llnent, ullIi! such Borrower or Lender has nOlifiedlhe other pany (with such nOlice given in
cnmpliance with the requirements of Section 15) of sllch alleged breach and afforded the other party herelo a
reasonaule period after Ille giving of such nOlice to take corrective aetion. If Applicable Law provides a time
period which must elapse before certain action can be taken, that lime period will be deemed to be reasonable
for purposes of this paragraph. The notice of acceleratioll and OPPOrltllllt}' In cure given to Borrower pursllalll
to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed 10
satisfy the notice and opportunity to take corrective action provisiollS of this Seclion 20.
21. HlUllrdous Substunces. As used in Ihis Section 21: (a) "Hazardous Substances" are Ihose
substances lie fined as \Oxic or Ilalllrdous substances, pollutants, or wastes by Environmental Law and Ihe
following substances: gasoline, kerosene, other flammable or toxic petrnleum producls, toxic pesticides and
herbicides, volalile solvenls, materials containing asbestos or formaldehyde, and radioactive materials; (b)
"Environmental Law" means federal laws and laws of the jurisdiction where the Properly is located Illal relate
to health, safely or environmental proteelion; (c) "Environmental Cleanup" includes any response action,
remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmentul Condition"
means a condilionthat can cause, contribute 10, or olherwise trigger an Environmental Cleanup.
Borrower shall not cause Or permil the presence, use, disposal, storage, or release of any Hazardous
Subst~nces, or threaten to retcase any Hazardous Substances, on or in the Properly. Borrower shall not do,
nor allow anyone else to do, anything affecting Ihe Property (a) that is in viOlation of any Environmental
Law, (Il) which creates an Environmental Condition, or (c) which, due to lhe presence, use, or release of a
1"1~a1" ~fJ,/
Form 3013 11111
O.;IlA(tO) (00051
CHL (Oll/Olll
P,[lUIl!Ool1t
DOC 10 # 000008379440030
Hazardous Substance, creates a condilion Ihat adversely affects Ihe value of the Property. The preceding two
sentences shall not apply 10 the presence, llse, or storage Oil the Property of small qllanlittes of Hazardous
Substances thai are generally recognized 10 be appropriale to normal residemial uses and to mainlenance of
the Properly (including, but not limited to, ha'lardous substances in consumer produets).
Borrower shall promptly give Lender written notice of (a} any investigation, claim, demand, lawsuit or
other action by any governmental or regulatory agency or private parly involving Ihe Property and any
Hazardous Substance or Environmental Law of which Borrower has actnal knowledge, (b) any
Environmental Condition, including but not limiled to, any spilling, leaking, discharge, release or threat of
release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a
Hazardous Substance which adversely affects the value of the Properly. If Borrower learns, or is notified by
any govcrnmental or regulatory authority, or any private parly, 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 wilh Environmenlal Law. Nothing herein shall create any obligation on Lender for an
Environmenial Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender !urlher covennnt and agree as follows:
22. AceeleraUon i Remedies. Lender shall give noUce to Borrower IJrior to acceleration following
norrower's breach of any covenant or agreement In thIs SeellrUy Instrument (but not prior to
acceleratton under Section IS unless Appllcable taw provides otherwise), The notlce shall specify: (II)
the defalllt; (b) the action required to cure the defanlt; (e) a dale, llot tess than 30 days from the date
the notice is given to Borrower, by which the defuult must be cured; IInd (d) that fullure to cnre the
def.mll on or hefore the date specified in the notice may result iu uceelcratlon of the sums secured by
this Security I nstrument and sale of tbe Property. The noliee shall further Inform nor rower of the
right to reinstate after acceleration and the right to bring a court aeUon to IISsert the non-exIstence of a
default or any other defense of nor rower to acceleration and sale, If the default Is not cured on or
before the date specified In the noUce, Lender at Its optton may requIre Immediate payment In full of
all sums secured by this Security Instrument wllhout further demund and I1\IIY Invoke the power of
sule und any IItner remedies permitted by Applicable J.nw. Lender shall be euUUed to collect all
expenses Incurred In pursulug the remedies provided In this Section 22, Including, but not limited to,
reusonable attorneys' fees aud costs of title e.vldence.
If Lender Invokes the power of sale, Lender shull execute or cause Trustee to execute wrllten
noUce of the occurrence of an eveot of default and of Lender's election to cause 'the Property to be sold,
and shat! cause such noUce to be recorded in each county In which any pllrt of the Property Is locoted.
Lender or Trustee shall l1\all copies of the notice lIS prescribed by AppHcllble Lllw to Borrower and to
other persons prescrlhed by AppHcuble Luw. Trnstee shall give publle notice of sale to the persOI\S and
In the manner prescrIbed by Applicable Luw, After the time rCljulred hy Applicable Law, Trustee,
wllhont demand on Borrower, shall sell the Property at public auction to Ihe highest bidder at the lime
and pluce and under lhe terms designated Inlhe noUce or sale In one or more parcels \llId III uIIY order
Trustee determ Ines. Trustee may postpone sale of all or any parcel of I he I'roperty by public
annonncement at the time and plnce of fillY prevlonsly scheduled 6ule. Lender Dr 115 designee may
purchnse the Property ut any sale.
Trustee shall deliver to the pnrchuser Trustee's deed conveyIng the Property without any
covenaut or warrunty, expressed or Implied. The recituls In the Trustee's deed shall be prima facie
evIdence of the trulh of Ihe statements made thereIn. Trustee sball apply the proceeds of the sale In the
following order: (u) 10 ali expenses of the sule, Including, but not limited to, reasonable Trustee's and
attorneys' fees; (b) to nil sums secured by this Secul'lty Inslrument; und (c) lInY excess to the penon or
persons legally entlUed to h.
23. Reconveyance. Upon payment of all sums secured by this Security lnslmment, Lender shall request
Trustee to reconvey the Property and shall surremler this Security Instrument and all notes evidencing debt
secured by this Security Inslrurnent to Trustee. Trustee shall reconvey the Property without warranty to Ihe
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, hut only if the fee is paid to a Ulird party
(s\1ch as the Trustee) for services rendered and the charging of Ule fce is permilled under Applicable Law.
24. Substitute Trustee. Leuder may, for any reason or canse, from time to time remove Trustee and
appoilll a successor truslee 10 any Trostee appointed hereunder. Without conveyance of the Property, the
successor trustee shall succeed to all the IiUe. power and dulies conferred upon Trustee herein and by
Applicable Law.
25. Arell and Locallon of Property. Either the Property is not more than 40 acres in area or the
Properly is located within an incorporated city or village.
O,;6A(ID) jOOO~)
CHL (oBIOO)
Piloa 10 ot 11
lolU.lo: ~C-~il/
FQrm'~13 1/01
DOC 10 # 000008379440030
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded willI iE.
Witnesses:
Oo_~
DOUGLAS A CASE
(I1V1t{ rI f16L
GEt L CASE
(Seal)
.BOlTower
(Seal)
..Borrowet
STATE OF IDAHO,
County 55:
On this
day of
, before me,
, a NOlary Public in and for said county and Slate,
personally appeared
.
known or proved to me to be !he person(s) who executed the foregoing instrument, and acknowledged to me
that he/she/they executed the same.
In witness whereof I have hereumo set my hand and affixed my official seal the day and year in this
certificate firs t above wriUen.
NOlBry I'Ilblie r.siding at:
O",-6A(ID) (<JOOS)
CHL (DB/DD)
P8~01101U
Form 3D13 1101
(Seal)
-BorroWer
(Seal)
-BOlTower
V"',, L IJ y. vol L Y U I I'IH::W .LU.La n ;
To: City Clerk At: 8884218
6BB6854;
sep-10-01 12:4BPMj
2U7 e. P9WDJ;:R lUVER 1)Jl.
PaOPER!Y ~ WrrHXN ZOO"' (F~ VAIUANCel
CREE'C~ CHARLES L SR &
CREECa MARY M
2310 E!ytCTORY A,b
MERIb):AN It:> 83642-7002
GLENN JOHNSON HOMES INC
2424 S: MAPlE GROVE Rb
"
80ISEiID 83709-??oo
3090 Si GOLD 8AR A \IE
MECH~N1 DELMAR B
MECHAM NANflTE C
3093 S:GOLD BAR AVE
MERIDl-AN It) 83642~
W A TS()N STEVEN J
WATSQN INGJUf)
3094 s1 GRIMES CREEl( AVE
MERIDIAN 10 83642.0000
SPECIAL lY HOMES :tNc
666 W BLUE l>OWNS ST
\
MeRlt)~AN Il> 83642-7914
310S S~MESCREEl<AVE
,
FULtMtR TRAVIS E
FULLMER CARRIE M
2092 E!POWDER RIVER DR
MERIDtAN It> 83642..??oo
GRAVE$ GAIL L
GRAVES JOYCE A
3120 S~OLD BAR AVE
MERIDIAN If) 83642-??oo
HOUPT: LORI
2126 E POWDER RIVER DR
M.ERIDJ;AN It> 83642-0000
2116 E POWDER RIVER DR
~~p 1~ '~1 1~'~O
BORUP CONSTR.UCnON tNC
2250 N MERIDIAN RD
MER!~IAN II'> 83642-1601
3129 S GRIMES CREEK AVE
HOvt>EY PAUL F
HOVDEY WENOY J
5477 N CITA()EL WAY
BOISE II) 83703-2833
31425 GOL.t> BAR AVE
MYERS TRA VIS T
MYER:S MAAIKE
2089 E POWDER RIVER OR
MERIDIAN ID 83642-0000
ru5-CANY HOMES INe
6477 FAIRVIEW AVE STe H
BOISE ID 83704-0000
2105 E POWDER RIVER DR
HALLMARK ENTERPRISES INC
2918 E MOON DIPPER CRT
MERIDIAN It> 83642-9138
2127 E POWDER RIVER DR
HOME BUILDERS INC
PO BOX 846
M~I[)IAN It) 63680-08%
3166 S GOLD BAR AVE
SHE~8ROOKE HOLLOWS
HOMEOWNERS ASSOC
6223 N DISCOVERY WAY 5TE 120
BOISE Il> 83713-??oo
E VICTORY RD
MORGNER E M REV LVNG TRUST
KUNTZ LVANN lRUSTEE
4800 W HOLMES ST
BO!SE It> 83706-2207
2015 E VICTORY RD
page 1
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12:48PM;
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SEP 10 '01 12:39
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