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Jackson, Bradley & Suzanne MAYOR ROB ERT D. CORRIE i l~Fl~~ eM; CITY OF !@~r. "-~':':~t~-- "-~ erldicrn >JY '\ ~ IDAHO )) ~ f ~~ p 0~ /' ~12 <{ ,,~qINCE n i 903 GARY D. SMITHt P E. PUBLIC WORKS DIRECfOR COUNCIL MEMBERS WILLIAM L. M. NARY KEITH BIRD TAMMY DEWEERD CHERIE MCCANDLESS BRAD R. WATSON, P.E. CITY ENGINEER LEN GRADY STAFF ENGINEER P~W~D~:~D. .. - -~ JuJy 10,2003 ~ff'=t"'4 ~Ji ~,n~,':{,J T'\ ~~J Bradley and Suzanne Jackson 4636 West Aspen Creek Street Merjdian, fdaho 83642 JUL 1 1 2 3 Cit\r Of Meridian CitY Clerk Office Re: Fence Variance Request - 4636 West Aspen Creek Street Dear Mr. and Mrs. Jackson: The Fence Variance Committee of the City of Meridian met at 4:30 P.M., Jufy 9, 2003, at City HoB to consider your request for a fence setback variance~ After due consideration, the Committee decided to anow a variance request for you to construct a six (6) foot tall wooden fence in your side street setback area. There was no opposition to this variance request from adjacent property owners, who were notified in accordance with City ordjnance requirements for a variance request. This approved fence location is as shown on the attached sketch and this approval is subject to the following conditions: 1. The face of the fence shari be set a minimum of 10 feet from the yard side edge of sidewalk along North Wales Avenue. 2.. The ground area between the fence and the sidewalk shalJ be Jandscaped and maintained by you. 3.. The board side of the fence shaH face out toward the street(s). 4. The City of Meridian has no jurisdiction jn the enforcement of the provjsions of your subdivision's Protectjve Covenants. We therefore recommend that you obtain approvaJ from your Homeowners Association for this fence rocation.. 5. W~ also recommend that you contact Dig-Line at 342- 1 585 for Jocation of underground utilities prjor to excavation for your fence posts. 6. Please obtain a building permit for your fence from the City Building Department Jocated at 660 E.. Watertower Lane, prjor to beginning construction.. Please carl for an inspection after the fence construction is compJeted. 660 E Watertower Lane, Ste 200 Meridian ill 83642 (208) 898R5550 Fax (208) 887-1297 7. "Any aggrieved party may appeal the decision of this committee directfy to the City Councif pursuant to subsection 11-15-7 of the City Code. All appeals shart be filed wjth the City Clerk within fifteen (15) calendar days after the decision of the Committee and shall specify the grounds upon which the appeaJ is fUed. An appHcant receiving an approved variance request is hereby advised to allow the specified fifteen (15) day appear filing time to pass before beginning fence instalfation.n Thank you for complying with the City Ordinance in requesting this variance and jf you have any questions please don't hesjtate to give me a calL SincereJy, ~u.. W.S~ , btt~~ Bruce D. Stuart Fence Variance Committee Cc: FUe, Bldg. Inspector, City Clerk 2 .... .. G) 0 (1) 0 LL MW 0 II W 0 : a:: z 10 -J ~ "C""'O >- CLZ 0:: <Cw 0::: W :Eo.. :c 0 f;~ 0 0 $ N ~ ~~ 2(.0 >M 0 CD 0 ~ en / [ ~ a~ 1 V'8 >iO't18 N Go o co o o M o o o M . ..... ~, ,.lo? l' (fj .. ;::{ I _:.3L----7 ~ j:) fO ~ Cne"f.;1 LoJIf!.. N 4i.D3lv W. /4p'Pef\ Cre..u( S+. \U :-u ...... CIl ~ t ,....... v. ~ ~ '"'r-..i , to ~ rl1 ~.K>.3Yi_._ . · . ~ -"-'--~--'----- ) IN As?,J1 C. vee j(S4- W. ASpEN e rt.cEK 51: 1-/("/ Ricky and Kathy Milliron 4450 West Cherry Lane Meridian, 10 83642-5432 Corey Barton Homes} Inc. PO Box 369 Meridian, 10 83686-0369 Amy R. Maxey 4662 West Aspen Creek Street Meridian, ID 83642 Justin Bennett 1306 North Fairway Road Liberty Lake, WA 99019-8582 JL Watson Company, Inc. PO Box 190131 Boise, ID 83719 Blackstone HOA, Corporation PO Box 44739 Boise, 10 83711 Thomas J. Angstman PO Box 45311 Boise, 10 83711-5311 Jackie Walker 311 South Malachite Avenue Meridian, ID 83642 Michael and Nichole Rush 4638 West Thom Creek Street Meridian, ID 83642 Alfredo and Dawna Aragon 1472 North Tessa Avenue Meridian, 10 83642 Brad Ie:; +- Su za.n()e So-as-a, 4w~lo u~# A~ peV"l Cv-eetc SJr r'f\er,daoV), iQ ~~LD4~ S <--I\t ~ - :t 5-0) Projects West, Inc~ 2014 Meridian South Street Puyal1up, WA 98371-7510 Canyon River Construction, Inc~ 5484 Gary Lane Boise, 10 83704 Lindsay Slater 128 North Carolina Avenue SE Washington, DC 20003 Christopher Georgeson 1508 Tessa Avenue Meridian, ID 83642 Mark and Patricia Plummer 1477 North Wales Avenue Meridian, 10 83642 CITY OF MERIDIAN NOTICE OF HEARING NOTICE IS HEREBY GIVEN1 pursuant to 11-9-605 J. 10. of the revised and compiled Ordinances of the City of Meridian, that the Fence Variance Committee of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 4:30 P.M.J on July 9, 2003, for the purpose of reviewing and considering the application of Bradley and Suzanne Jackson for a variance from the Meridian Fence Ordinance at the property legally described as follows: Lot 2, Block 1 of Blackstone Subdivision and known by the address of 4636 West Aspen Creek Street. The Applicant proposes a reduction of the required distance from 20 feet to 10 feet The public is welcome. The Applicant is required to attend. Testimony, objectionsf 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 20th of June, 2003 ~ ~ I\) 0 () (:) :c m AJ ;0 -< O.,d" -'\ r (11 Z .. 0 CI 0 II tA) -n 0 CD 0 (I) f"I'+. III / (,.) o o o ~ o o en o 09 N BLACK CAT RD ~ CD o o c:::::=::J / CITY OF MERIDIAN MERIDIAN FENCE COMMITTEE MEETING AGENDA WednesdaYJ July 9,2003 City Council Chambers FENCE COMMITTEE MEMBERS: Mr. Gary Smith, P.E., City Engineer Mrs. Cherie McCandless, City Council lieutenant Dave Bowman, Meridian Police Department Mr. Keith Borup, Planning and Zoning Chairman ITEMS fOR REVIEW: Item No. 1 4:30 p.m Bradley and Suzanne Jackson 4636 West Aspen Creek Street lot 2 Block 1 Blackstone Subdivision Item No.2 4:45 p.m. Craig Nixon 477 West Elias Street Lot 12 Block 3 Bear Creek Subdivision Please contact the City Clerks Office at 888...4433 if you are unable to attend the above Fence Committee Meeting CITY OF MERIDIAN Planning & Zoning Department 660 E. Watertower Ln~, Ste. 202, Meridian, 10 83642 (208) 884-5533 Phone / (208) 888-6854 Fax FENCE VARIANCE APPLICATION (RE: Meridian Zoning Ordinance - Section t 1-15 and 11-16) APPLICANT NAME: 5LlLal\f\<:: ~o...LI<S{)Yl PHONE: ~59 -99 /0 ADDRESS: L-/(~3~ \AI. Aspen e/e.eJ< 5/-. MeJ"t"cLiQyJ,ID B:3&;.42 OWNERS NAME & ADDRESS: (If different than above) 'Brad l<(j f/\. oa r k 5 on PROOF OF OWNERSHIP: (Copy of deed or option must be attached) LEGAL DESCRIPTION OF PROPERTY: LOT#2- BLOCK#l SUBDIVISION: --B.la cJ<s-f-one._ PRESENT USE & ZONING OF PROPERTY: R e.S i d en+ia.1 SCHEMATIC DRAWING: Attach drawing showing buildings, streets, & proposed fence. SURROUNDlNG PROPERTY OWNE,RS: List of the mailing addresses of all property owners (obtain list from Meridian Planning & Zoning Department, 884w5533) within two hundred feet (200') of the external boundaries of the land being considered. Descrigtion of requirements of the ordinance that need to be reduced to permit the, proposed fence: : II o~ 72 7l0lld -f'pnce +() Ine placecl Ii) -r.e.ef froM -H1~ Sldz uJo.JK D_ -H1_ {oJ tls-l- ~i de ()~ +he prupi("tj (a lonj \,rJa 1.t5 A'iLJ Attach application fee of: $50~OO ATTACH STATEMENT THAT FENCE IS ALLOWED UNDER THE RESTRICTIVE COVENANTS OF THE SUBDIVISION OR A COpy OF THE RESTRICTIVE COVENANTS PERTAINING TO FENCES~ A pp Ii cant's Signature: CEIVEl) q i i\1 1 Q ?OO~ J .........,. i 0 ,,} _ v (::J~rY OF i'V1ERIOJAf\J ,-rv CJ l=Rk' nl=f-="r~~ Date Received: ~Committee Hearing Date: 1- Oq-1),~ Received By: fj harn1(Srru +tv 12-4-1 0: FENCES: Fen ces are perm itted accessory uses in all d i stri cts an d sh a II be reg u I ated by th e City B u i I din gIn spector A The following regulations shall govern the type, location, and construction of all fences. When a fence is erected not in conjunction with a building perm it for a principal use or building, a separate perm it is req u ired. A. Electric Fences: Electric fences shall be prohibited within the corporate limits of the City. B. Barbed Wire Fences: Barbed wire may be permitted in com mercia[ and industrial districts only when used as the top section for security fences and shall be a minimum of seventy two inches (72U) above grad e to th e bottom wi re. c. Open- Vision Fences: Open-vision fences may be built to the property line in commercial and ind ustrial districts D. Walls, Latti cework And Screen s : For th e purposes 0 f th is S ecti on) wall $, I aU i cework, an d screen s shall be considered to be fences and shall be built and maintained in com pliance with the provisions hereof: E. Unsightly Materials: Th e use of boxes, sheet metal, old or decayed wood, broken masonry blocks, or other like unsightly materials for fencing shall be prohibited. (Ord~ 430, 4-2-1,984) F~ Residential And Lim ited Office Districts: Fences may be erected in all residential and limited office districts subject to the following: I ~ Height Limitations: a. Solid or closed-vision fences to a height of thirty six inches (36U), or open-vision type fences to a height of forty eight inches (48") may be built from the front of the dwelling unit to and including the front property line. Fences to a height of seventy two inches (72U) may be built from the front of the dwelling unit to and including the rear property line; b. Any open..vision fence, wall, or planting on or within the clear-vision triangle shall be limited to thirty six inches (36U) in height measured from the crown of the street; and c~ Solid or closed nonvision fences to a height of thirty six inches (36U) or open-vision type fences to a height of forty eight inches (48U) may be built along the front property line and along the side property line to the front of the dwelling unit, except th fence of seven two inches 72" in hei ht ma be built u on street and side J!f.QJlWY lines from the front of the dwe 109 to the rear ~ line, roVi~~~JhatE..O ~siGR-fen:e whip.l!..exceeds thi& six inches (36") in height m-'!y_be erecte InJ e c1ear~~on _ trian~~ .. ---- 2~ Construction On Berm: Any developer intending to construct a fence on top of a berm shall show the berm and the fence on the preliminary plat and shall include with the preliminary plat the design, placement, heights, specifications, and drawing of said fence~ 3~ Construction On Subdivision Boundary; Any developer intending to construct a boundary fence on the boundaries of a proposed subdivision shall show the fence on the preliminary plat and shall include with the preliminary plat the design, placement, height, specifications and drawing of said fence. (Ord. 557, 10- I-I 991 ) G. Permission; Conditions And ,Restrictions: The policy for the permission to and the conditions and restrictions imposed by the permission to construct and erect fences within public right of way is hereby establ ish ed as follows: I ~ Sidewalk Or Walkway: Where a sidewalk five (5) or more feet wide exists, an applicant may construct a fence immediately adjacent to the sidewalk on the dwelling side. When a sidewalk does not exist, the applicant must provide a reasonably level walkway not less than five feet six inches (sr6tt) wide if adjacent to a collector or arterial street, or four feet six inches (4.6") wide if adjacent to a local street, measured from the back of the curb or curb line~ 2~ Approval Of Design: The design of the fence shal I receive prior approval by the City Build ing Inspector an d must be bu i I t in com pi ian ce with such prior approval an d in accordance with plan s an d s pee i fi cat i on s su bm i tted. 3. Height; Fences shall not exceed four feet (4t) in height in the front setback area or six feet (6t) in height elsewhere on property to be fenced and shall otherwise comply with this Title~ 4. Materials: Regardless of the type of material used, fences shall be built of materials meeting Uniform Building Code2 requirements for structural stability, fire resistance, and safety. 5~ Removal From Easements: Fences and all appurtenant structures or footings constructed on easements or public rights of way shall be removed at the expense of the property owner within thirty (30) days after proper n oti fi cati on by th e City B u j I din g In sp ector. 6. Liability Insurance: The applicant shall furnish and maintain liability insurance in which the City shall be named as the insured io the lninimum amount of three hundred thousand dollars ($300,000.00) property damage to anyone person, three hundred thousand dollars ($300,000.00) for personal injuries to anyone person, and three hundred thousand doUars ($300,000.00) for personal injuries to persons per occurrence. 7. Property Owner Expense; Compliance With County Specifications: All work (such as grading, seeding, or paving between the proposed fence to be erected on public property and the curb or street travelway) shall be at the expense of the property owner and in accordance with the requirement and speci fication of the Ada County Highway District. 8~ Permit Required: If the City Building Inspector approves the application, the applicant must obtain a building permit from the Department of Bu tiding, ACHD or State DOT, as applicable, before commencing the construction or erection of said fence. 9. Permission Subject To Revocation: With or without notice, the right, privilege and perm ission to construct and erect a fence upon and within a public right of way is subject to revocation at the will of the City or owner of said right of way, and any expense incurred by the applicant in the construction and erection of a fence within the public right of way shall be done at the applicant.s own expense and risk. 10. Agreement To Acquire No Property Or Contractual Right: The applicant will, upon the approval of the City 8 uiJding Inspector of the right, pri vi lege and perm ission to so construct and erect a fence, execute an agreement that the applicant shall acquire no property or contractual right in and to such public right of way. Whenever the City or Ada County Highway District; or State DOT deems it necessary as a proper police measure to vacate and revoke such fence permit, the applicant has no alternative but to comply with the order of revocation~ H. Illustration: For an ilJustration of fence regulations, see Section 12-12..2 of this Title. (Ord& 430, 4.. 2-1984 ) L Maximum Fence Height In Each District Subject to the other restrictions contained in this Section, the maxi m urn fence h eights in each zon ing district shall be as follows: Zone Height 1. R-4, R-8, R-15, R-40 and L-O 6.0 feet 2. C...N, C-C, C-G and RSC, OT and MUR* 8aO feet 3. TE, I-L and M 8.0 feet *Provided, however, in all cases in subsection 12 of this Section where a fence greater than six feet (61) is proposed, the applicant for the fence building permit shall submit the request for perm it to the Plann ing and Zoning Camm ission for design review. (Ord. 465, 3-17- J 986) 1. Variance Procedure: If an owner or applicant desires to obtain a variance from the provisions of th is Section, it shall not be treated as a variance pursuant to the provisions of Title II, Chapter 18 of th is Code or Chapter II of this Title and the procedure for such a variance shall not be governed by the aforementioned two (2) Chapters. There shall be a special procedure for variances from these fence regulations which shall be as follows: (Ord. 524~ 4-3-1990) I. Contents Of Application For Variance; Fee: The owner or applicant shall file an application for a fence variance with the City Clerk which application shall state the following, and be accompanied by: a. Address of subject property. b~ Name, address and phone number of applicant. c. Nam e, address and phon e num ber of owners of the su bject property ~ d. Proof of ownership. e~ Legal d escri ption 0 f su b ject property ~ [ Present use of subject property. g. Zoning of the subject property. h. Schematic drawing of the building and proposed fence. i. List of the mailing addresses of all property owners (from authentic tax records of Ada County) within two hundred feet (200') of the external boundaries of the land being considered. j. Minimum requirements of this Title that need to be reduced to permit the proposed fence. k. An application fee established by resolution of the CounciL (Ord~ 524, 4-3-1990; arnd. Ord. 557, 10-1- 1991 ) 2~ Hearing; Notice: Upon receipt of the fence variance application, the Zoning Administrator shall set a hearing and see that notice is mailed by first class mail to all owners of property within two hundred feet (200i) of th e rad i us 0 f th e subject property, wh i ch h earin g sha II be h el d n at soon er than fi fteen (15 ) days after the mailing of the required notice and not more than thirty (30) days after mail ing of the required notice~ The notice of hearing does not need to be published in the official newspaper~ 3~ Fence Variance Committee: The hearing established by this subsection shall be conducted by the Fence Variance Camm ittee which committee shall be comprised of the City Engineer, the Meridian Police Chief, one Council member and one Planning and Zoning membeL A quorum of said Committee shall be a minimum of three (3) members of the Committee. 4. Committee Action: Upon hearing the request for the fence variance, the Committee shall either approve or deny or approve with conditions, the application for fence variancec No written findings of fact shall be required but a written decision shall be written to the applicant and to any party requesting written notification of the decision at the hearing. 5. Appeal: Any aggrieved party may appeal the decision of the Committee directly to the City Council pursuant to subsection 11-15-7 of this Code~ (Ord. 524, 4-3-1990) PROPERTY OWNERS WITHIN 200. 4636 W. ASPEN CREEK ST. MILLIRON RICKY V & KA THY L 4450 W CHERRY LN MERIDIAN ID 83642-5432 BLACKSTONE HOA CORPORATION PO BOX 44739 BOISE ID 83711-0000 W ASPEN CREEK ST BLACKSTONE HOA CORPORA TION PO BOX 44739 BOISE ID 83711-0000 W CHERRY LN N WALES AVE SLATER LINDSAY 128 N CAROLINA AVE SE WASHINGTON DC 20003-0000 4551 W ASPEN CREEK ST PROJECTS WEST INC 2014 MERIDIAN SOUTH ST PUY ALLUP WA 98371-7510 4700 W ASPEN CREEK ST BENNETT JUSTIN 1306 N FAIRWAY RD LIBERTY LAKE WA 99019-8582 1512 N WALES AVE 1507 N TESSA AVE COREY BARTON HOMES INC PO BOX 369 MERIDIAN ID 83686-0369 4670 W ASPEN CREEK ST 4636 W ASPEN CREEK ST RUSH MICHAEL RUSH NICHOLE R 4638 W THORN CREEK ST MERIDIAN ID 83642-0000 ANGSTMAN THOMAS JAMEs PO BOX 45311 BOISE ID 83711-5311 4570 W ASPEN CREEK ST GEORGESON CHRISTOPHER 1508 TESSA AVE MERIDIAN ID 83642-0000 CANYON RIVER CONSTRUCTION INC 5484 GARY LN BOISE ID 83704-0000 4592 W ASPEN CREEK ST J L WATSON COMPANY INC PO BOX 190131 BOISE ID 83719-0000 1476 N WALES AVE MAXEY AMY R 4662 W ASPEN CREEK ST MERIDIAN ID 83642-0000 ARAGON ALFREDO G ARAGON DA WNA M 1472 N TESSA AVE MERIDIAN ID 83642-0000 WALKER JACKIE 311 5 MALACHITE AVE MERIDIAN ID 83642-0000 1525 N TESSA AVE PLUMMER MARK F PLUMMER PATRICIA A 1477 N WALES AVE MERIDIAN ID 83642-0000 ~ 0; / ~ rIl /' -..----...-"- ................... ............~........... .... . --"""---.-. J "). t ~ d ) \ t ~, \ \\. \; :::.~ \ \": \ -,:.' ~:' -~7f::.... (Y < ~(G? ....,;S:.'~ ,:.;1 . .~. ('. :\ t~ : \:;..: ,()-- @~) ';{"-: './ -.:' r:~ F~ ~ ~ ~ ~ I .!.. it f f , .., ~-~7'-.~7 I At tv UJ ....j ~ N ~ J::> /l ('7 U./' U '\/ II '-oJ. .., 17 i . l \ · +S )I? 'dIJ wdsv . ~I\ 6) 'C: (J) 11 i'<> lh1 "r' !,:I v .4~... ~ X. .-J ?vrrj hJJ? '1J \)J ct , L---.---~~ ~ ~-~~ \)J ......t ...... ,\j 2.17 Hazardous Activities. No activity shall be conducted on or in any Unitl Lot or Common Area which is or might be unsafe or hazardous to any person or Property. VVithout limiting the generality of the foregoing, no firearms shall be discharged upon said Property; no open fires shall be lighted or permitted on any property except in a self contained barbecue unit \Nhile attended' and in use for cooking purposes, or with a safe and well-designed interior fireplace, (except such picnic fires jn portions of said Common Areas designed for such use or) except such controlled and attended fires required for clearing or maintenance of land. 2.18 Unsiahtlv Articles. No unsightly articles Shall be permitted to remain on any Lot or Common Area as to be visible from any other portion of the Property4 Without limiting the foregoing, no clothing or household fabrics shall be hung, dried or aired, in such a way as to be visible from any other portion of the Propertyt No lumber, grass, shrub, or tree clippings or plant \Vaste~ compost piles) metals. building or other mc;lterials or scrap or other material or articles shall be kept, stored or allowed to accumulate on any portion of the Property except within an enclosed structure or appropriately screened from view as approved} in 'Nriting, by the Architectural Committeer "Screened" is defined as being concealed or made non-visible from eye level, at grade, at all points with the Property. 2.19 Light Sound - General. No light shall be emitted from any Lot or from Common Area \Nhich light is unreasonably bright or causes unreasonable glare. No sound shall be emitted from any Lot or Common Area vvhich is unreasonably loud or annoying, and no odors shall be emitted on any property \Nhich are noxious or offensive to others~ 2.20 . Tan Mile Draina~. It is understood that said drain shaH be fenced, and a 10' \lVide sidewalk of asphalt, shall be placed on one side of the drainage. the city will be responsible for maintenance and liabilities of such. 2.21 Fencing. Grantor is under no obligation to fence any portion of said subdivision and, maYt at its discretionJ fence only, portions deemed necessary by Grantor. If Ov./ner(s) want to fence Lot or Lots only picture windowt #1 cedar on fencing facing streets and #1 dog ear pickets on sides and rear. Fencing and stains must be approved in writing by the Architectural Committee. 2.22 (meatio" Water. It is hereby published that the pressurized irrigation provided to Blackstone Subdivision is for irrigation only. Said Y/ater has natl and 'Nill not be, deemed potable~ At, no time shall said irrigation water be used for drinking or cooking. All parties are advised against drinking from hoses or other outside spigots. BLACKSTONE SUBDIVISION- 8 Return To: NERITAGE MORTGAGE CORPORATION 9710 1110 NOTCH ROAD COLUMBIA. SC 29223 Prepared By ~ MERITAGE MORTGAGE CORPORATION 6000 SW MEADOWS ROADt SUITE 500 lAKE OS\1iEG01 OR 97035 [Space Above This Line For Recording Data] DEED OF TRUST MIN 100014410001234593 Loan Number: 1000123459 DEFINITIONS Words used ill InuHiple sections of this document are defined below and other words are defined in Sections 3) 1 L 13) 18, 20 and 21. Certaiulules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument Ir nlcans t.his document, which is dated JUNE 06. 2003 together with an Riders to t.his document. (B) uBon.oweru is BRADLEY M. JACKSON~ A ~~RRIED NAN~ AS HIS SOLE AND SEPARATE PROPERTY Borrower is the trustor under this Security Instruluent. (C) "Lender'. is HERITAGE NORTGAGE CORPORATION Lenderisa AN OREGON CORPORATION organized and existing under the laws of OREGON I DAHO~S ingl e FamiJy-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3013 1/01 G .6A[lD} (0005l @ Pag~ 1 of 15 Injlf1'J~ 111111111111111111111111111 11111111 VMP MORTGAGE FOAMS & 1800J621.7291 ODS-lOW Lender) s address is 6000 SOUTHWEST tr1EADOHS ROAD ~ su IrE 500 LAKE 05WEGO. OR 97035 (D) t1Trusteell is PIONEER TITLE COMPANY OF ADA COUNTY (E) It1\1ERS" is Mortgage Electronic Registration Systems tIDe. MERS is a separate corporation that is acting solely as a nonunee for Lender and Lender)s successors and assigns. l\1ERS is the beneficiary under this Secu rity Instrument~ MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026) Flintt MI 48501-2026) tel. (888) 679-MERS. (F) UNote' means the promissory note signed by Borrower and dated JUNE 06 t 2003 The No te states that Borrower 0 wes Lender Ni nety. Four Thousand & 00/100 Dollars (U . s. $ 94. 000 . 00 ) plus interest. Borro wer has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than JULY 01 ~ 2033 (G) "Property" means the property that is described below under the heading ItTransfer of Rights in the Properly. U (H) r1Lonntl means the debt evidenced by the Note~ plus interesl, any prepayu1ent charges and late charges due under the Note t and aU sums due under t.his Security Instnllnellt t plus interest. (I) HRiders" nleans all Riders lO this Security Instrument t.hat are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable] : W Adjustable Rate Rider D Condominium Rider D Second Home Rider D Balloon Rider [XJ Planned Unit Developlnent Rider D 1-4 Falluly Rider D VA Rider 0 Biweekly Payment Rider 0 Other(s) [specify] (J) tI Applicable Lawn means all controlling applicable federal t state and local slatules) regulations, ordinances and admiillstrative rules and orders (dIat have t.he effect of law) as well as all applicable final) non-appealable judicial opinions. (K) n Communi ty Association Dues, Fees, and Assessments!! lneans all dues) fees} asseSSInents and otller charges that are imposed on Borrower or the Property by a condominiulll association) hOlueowners association or similar organization. (L) IIElectronic Funds Trnnsferu nleans any transfer of funds) other than a transaction originated by check) draft) or similar paper instrument) which is initiated through an electronic terminal, telephonic instlulllent) compu ter t or magnetic tape so as to order) instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to) point-of~sale transfers, autolnated teller machine transactions, transfers initiated by telephone ~ wire transfers) and autoJ11ated clearinghouse tra ns refS. (l\1) uEscrow Items" means those items that are described in Section 3. (N) uMiscellaneous ProceedsH means any compensation, settlenlent) award of damages~ or proceeds paid by any third party (other than insurance proceeds paid under the coverages described iu Section 5) for: (i) damage to~ or destruction of~ the Property; (ii) condenmation or other taking of all or any part of the Property; (Hi) conveyance in lieu of condemnation; or (iv) nllsrepresentations ofJ or omissions as to) the value and/or condition of the Property. (0) I1Mortgage Insurance" nleans insurance protecting Lender against the nonpaYlllent oft or default on~ the Loan. (P) uPeriodic Paymcntrl means the regularly scheduled amount due for (i) principal and interest under the Note1 plus (ii) any amounts under Section 3 of this Security Instrument. G .6A(ID} (00051 <!) ODS.IDW P i1U~ 2 of 1 5 InEu~:Efnt\~ Form 3013 1/01 (Q) uRESPAu lueans the Real Estate Settlement Procedures Act (12 U .S.C. Section 2601 et seq.) and its implementing regulationt Regulation X (24 C. F .R. Part 3500) t as they might be amended fro m time [0 time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument) t1RESP A ~l refers to aU requirements and restrictions that are imposed in regard to a .t federally related mortgage loan tj even if the Loan does no t qualify as a ., federally related nlOrtgage loan" under RESPA. (R) t1Successor in Interest of Borrowertl means any party that has taken title to the Property t whet.her or no t that party has assumed Borrower~ s obligations under the Note and! or this Security Instnullent. TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of this Security Instrument is MERS (solely as llonullee for Lender and Lellder~ s successors and assigns) and the successors and assigns of MERS. This Security Instrument secures (0 Lender: (i) the repayment of the Loan, and all renewals~ extensions and lTIodifications of the Note; and (ii) the pertornlance of Borrower's covenants and agreements under this Security Instrumenl and the Note. For this pUrpose~ Borrower irrevocably grants and conveys to Trustee, in trustt with power of sale~ the following described property located in the County {Type of Recording ]uds(]jctiou] of ADA [Name of Recording Jurisdiction] lOT 2 IN BLOCK 1 OF BLACKSTONE SUBDIVISION~ ACCORDING TO THE PLAT THEREOF. FILED IN BOOK 82 OF PLATS AT PAGES 8947. 8948~ AND 8949~ RECORDS OF ADA COUNTY, IDAHO. Parcel ID NUluber: 03 - RO 988770020 4636 WEST ASPEN CREEK STREET MERIDIAN ('~Property Address ") ~ TO GETBER WITH aU the inlprovements now or hereafter erected on the property t and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in t.his Security Instrument as the IlProperty. II Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but~ if necessary to cOlnply with ia w or custom, lvlERS (as nominee for Lender and Lenderts successors and assigns) has the right: to exercise any or aU of those interestst including, but not limited tOI the right to foreclosure and sell the Property; and to take any action required of Lender including~ but not limited to) releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has lhe right to grant and convey the Property and that tbe Property is unencumberedt except for enculubrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands~ subject to any encumbrances of record. [City}, Idaho which currently has the address of [ Street J [Zip Cmh:J 83642 _ -6A(IO} (0005) @ DDS.IOW P:J.g~ :) Q1 15 InltiO!lr;~ Form 3013 1101 (, THIS SECURITY INSTRUMENT combines uniform, covenants for national use aud lloll-unifonn covenants with limited variations by jurisdiction to constitute a uniform security instrnnlent covering real property. UNIFOR1v1 COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payulent of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shaH pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Paynlents due under the Note and this Security Illstrulnent shall be made in U.S. currency. I-Iowever, if any check or ot.her instlument received by Lender as paynlent under the Note or this Security Instnlnlent is returned to Lender unpaid, Lender nlay require that any or all subsequent paYJuents due under the Note and this Security Instrument be made in one or Ulore of the following fOrtns, as selected by Lender: (a) cash; (b) money order; (c) certified check) bank check, treasurer's check or cashier's check ~ provided any such check is. dra wo upon an institution whose deposits are insured by n federal agency) ins Lrume ntality , or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance Witll the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial paYluents are insufficient to bring the Loan current. Lender may accept any payment or partial paYll1cnt insufficient to bring the Loan current~ without waiver of any rights hereunder or prejudice to its rights to refuse such payuleot or partial payments in the future~ but Lender is not obligated to apply such payments at the time such paynlellts are accepted. If each Periodic PaYlnent is applied as 0 f its scheduled due date, then Lender ueed 110t pay interest all unapplied funds. Lender may hold such unapplied funds until Borrower lllakes paynlent to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier) such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or clailll whic11 Borrower might have now or in tlIe future against Lender shall relieve Borrower from luaking paYluents due under the Note and this Security Instrument or performing the covenants and agreeUlents secured by this Security Ins tru Olent . 2. Application of Payments or 'Proceeds. Except as otherwise described in this Section 2~ all paYlnellts accepted and applied by Lender shall be applied in t.he following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) atnOUllts due under Section 3. Such paYlnents shaH be applied to each Periodic Payment in the order in which it became due. Any renmining amounts shall be applied first to late charges) second to any other amounts due under tllls Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment frolu Borrower for a delinquent Periodic Payu1elll which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment aud the late charge. If luore than one Periodic Payment is outstandingt Lender may apply any payment received from Borrower to the repayment of the Periodic Payments it and to the extent that> each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payn1ent of one or lllOre Periodic PaYlnents) such excess may be applied to any late charges due. Volulltary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of paynlents ~ insurance proceeds) or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due datet or change the amount~ of the Periodic PaYluents. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic PaYluents are due under the Note, until the Note is paid in full) a sum (the "Funds") to provide for paynlent of mnounts due for: (a) taxes nnd assessments and other items which can attain priority over this Security Instlumellt as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on t.he Property) if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums~ if any ~ or any sums payable by Borrower to Lender in lieu of tlle payment of Mortgage lnsurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items. II At origination or at any time during the term of the Loan, Lender llmy require that Community Association Dues) Fees) and Assessments, if any J be escrowed by Borrower ~ and such dues~ fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of anlOunts to . .6AUO) 10005) @ DDS.IOW p~o 4 of 1 S Inlllal~ Form 3013 1/01 be paid under this Section. Borrower shall pay Lender the Funds for Escrow ltenls unless Lender waives Borrowert s obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any snch waiver lllay only be in writing. In the event of such waiver, Borrower shall pay directly t when and where payable, the tUllOunts due for any Escrow Items for which paYlnent of Funds has been waived by Lender and, if Lender requires t shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deelned. to be a covenant and agreement contained in this Security Instrument) as the phrase "covenant and agreement II is used in Section 9. If Borrower is obligated to pay E..~crow Items directly) pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Iteln) Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any tilDe by a notice given in accordance with Section 15 and) upon such revocation~ Borrower shall pay to Lender all Funds) and in such amount.s1 that are then required under this Section 3. Lender limy ~ at any time, collect and hold Funds in an anlOunt (a) sufficient to penllit Lender to apply the Funds at the time specified under RESPA) and (b) nOl to exceed the Inaxiulum amount a lender can require under RESP A. Lender shall estimate the anlount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Itenl..~ or otherwise in accordance wit.h Applicable Law. The Funds sball be held ill an institution whose deposi ts are insured by a federal agency ~ instrumentality t or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal HOllIe Loan Bank:. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds; amlUally analyzing the escrow accountt or verifying the Escrow Itents, unless Lender pays Borrower interest on the Funds and. Applicable Law permits Lender to make such a charge. Unless an agreement is made ill writing or Applicable Law requires interest to be paid on the Funds) Lender shall not be required to 'pay Borrower any interest or earnings on the Funds. Borrower and Lender can 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 as required by RESP A. If there is a surplus of Funds held in escrow, as defined under RESP A) Lender shall account to Borrower for the excess funds in accordance with RESP A. If there is a shortage of Funds held in escrow ~ as detined under RESP At Lender shall notify Borrower as required by RESP A) and Borrower shall pay to Lender the anlount necessary to make up the shortage in accordance with RESP A, but in no lllore than 12 monthly paynlents. If there is a deficiency of Funds held in escrow, as defined under RESP A) Lender shall notify Borrower as required by RESP A t and Borrower shaH pay to Lender the amount necessary to nmke up the deficiency in accordance with RESP At but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument) Lender shall pronlPtly refund to Borrower a ny Funds held by Lender. 4. Charges; Liens, Borrower sball pay all taxes ~ asseSSlnents, charges, tines) and impositions attribu table to the Property which can attain priority over this Security Instrument t leasehold payments or ground rents on the Property, if any t and Community Association Dues~ Fees) and Assessmentst if any. To the extent that these itelns are Escrow ltemst Borrower shall pay thCl11 in the manner provided in Section 3. 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 secured by the lien in a Illanner acceptable to Lender; but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien lUt legal proceedings which in Lender} s opinion operate to prevent the enforcement of the lien while those proceedings are pending~ but only until such proceedings are concluded~ or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security lnstrnment If Lender detennines that any part of the Property is subject to a lien which can attain priority over this Security Instrument) Lender may give Borrower a notice identifying the C .6A[lO} 100CS) @ DDS-lOW Paga. S of Hi Inlli;:Jtl:~~ Form 3013 1/01 lien. Within 10 days 0 f the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4.. Lender may require Borrower to pay a one-time charge for a real estate tax. verification and! or reporting service used by Lender in connection wit.h tIns Loan. 5~ Property Insurance.. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the tenll 'textended coverage~ II and auy other hazards including, but no t liInited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the tenn 0 r the Loan. Tlle insurance carrier providing the insurance shall be chosen by Borrower subject to Lender~s: right to disapprove Borrower's choicet which right shall not be exercised unreasonably. Lender may require Borrower to pay, in COilllcction with this Loan) either: (a) a one~titl1e charge for flood zone determination, certification and tracking services~ or (b) a one-tinle charge tor Hood zone deternlinatioll and certitication services and subsequent charges each time remappings or sintilar changes occur which reasonably !uight affect such determination or cert.ification. Borrower shall also be responsible for the paYJuent of any fees imposed by the Federal Elnergency Management Agency in cOlmection with the review of any tlood zone determination resulting from an objection by BOlTower. If Borrower fails to llmintain any of the coverages described above) Lender may obtain insurance coverage, at Lender's option and. Borrowerts expense. Lender is under no obligation to purchase any particular type or a!llOunt of coverage. Therefore, such coverage shall cover Lender, but nlight or nlight not protect Borrower, Borrower)s equity in the Property ~ or t.he contents of the Property t against any risk, hazard or liability and ntigl1t provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could ba ve obtained. Any anlounts disbursed by Lender under this Section 5 shall becollle additional debt of Borrower secured by this Security Instruluent. These ar110unts shall bear interest at the Note rate from the date of disbursement and shall be p.ayable~ with such interestt upon notice froln Lender to Borrower requesting payment. All iusurance policies required by Lender and renewals of such policies shall he subject to Lender's .right to disapprove such policies, shall include a standard mortgage clause, and shall naIne Lender as lllortgagee and! or as an additionnlloss payee. Lender shall have the right to hold the policies and ,renewal certificates. If Lender requires~ Borrower shall promptly give to Lender all receipts of paid prClniums and renewal notices. If Borrower obtains any form of insurance coverage) not otherwise required by Lendert for damage to ~ or destruction of, the Property, such policy shall include a standard mortgage clause and shall nanle Lender as lllortgagee and! or as an additional loss payee. In the event of loss) Borrower shall give prompt notice to the insurance carrier and Lender. Lender lllaY make proof of loss if not made promptly by BorroweL Unless Lender and Borrower otherwise agree in writing) any insurance proceedsl whether or not the underlying insurance was required by Lellder~ shall be applied to restorJtion or repair 0 f Ule Property t if the restoration or repair is economically feasible and Lender~s security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfactionl provided that such inspection shaH be undertaken promptly. Lender may disburse proceeds for the repairs aud restoration in a single payment or in a series of progress paynlents as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance 'proceedst Lender shall not be required to pay Borrower any interest or earnings on such 'proceeds. Fees for public adjusters) or other third partiest retained by Borrower shall not be paid out of Ule insurance proceeds and. shall be t.he sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would. be lessened, t.he insurance proceeds shall be applied to tl1e sums secured by this Security Instrument, whether or not then due, with G .6A liD) 10005l (!) oos.row PO'IGCt 6 at t 5 Initlcl!J~ Form 3013 1101 the excessl if any, paid to Borrower. Such insurance proceeds sball be applied in the order provided for in Section 2. If Borrower abandons Ute Property, Lender may file ~ negotiate and settle any available insurance claim and related matters. If Borrower does Dot respond within 30 days to a notice frolu Lender that the insurance carrier has offered to settle a claitu, then Lender may negotiate and seltle tbe claiIu. The 3D-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower~s rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrunlent, and (b) any 0 ther of Borrower> s rights (other than t.he right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property 1 insofar as such rights are applicable to the coverage of the Property. Lender rnay use tIle insurance proceeds either to repair or restore the Property or to pay mnounts unpaid under the Note or this Security Instrul11ent~ whether or not then due. 6. Occupancy · Borrower shall occupy ~ establisht and use the Property as Borrower) s principal residence within 60 days after t.he 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. 7. Preservation, Mnintenance and Protection of the Property; Inspections. Borrower shall110t destroy, dal1lage or impair the Property, allow the Property to deteriorate or conuni t waste on the Property. Whether or 110t Borrower is residing in the Propert.y) Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its cOlldi tion. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible t Borrower shall promptly repair tlIe Property jf damaged to avoid further deterioration or daumge. If insurance or condellmation proceeds are paid in cODnection with damage to, or t.he taking of, the Property ~ Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender nilly disburse proceeds for the repairs and restorat.ion in a single payment or in a series of progress payments as the work is cOlnpleted. If tbe insurance or condemnation proceeds are not su fficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for t.he completion of such repair or restoration. Lender or its agent may Inake reasonable entries upon and inspections of t.he Property. If it has reasona ble cause) Lender may inspect the interior of the jrnproven1ents on t.he Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application.. Borrower shall be in default iC duri ng the Loan application process~ Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave 1l1ateriaIly false, misleading, or inaccurate infonuation or statenlents to Lender (or failed to provide Lender with material information) in COilllcctioll with the Loan. Material representations include~ but are not. liunted to, representations concerning Borrower's occupancy of the Property as Borrower) s principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perfoml the covenants and agreements contained in Ulis Security Instrunlenl, (b) tbere is a legal proceeding that might significantly affect Lender)s interest in t.he Property andlor rights under this Security Instrunlent. (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture t for enforcement of a lien which may attain priority over tilis Security Instrument or to enforce laws or regulations)) or (c) Borrower has abandoned tbe Property, then Lender lUUY do and pay for whatever is reasonable or appropriate to protect Lendert s interest in the Property and rights under this Security Instrument~ including protecting and/or assessing the value of the Property} and securing audlor repairing ilie Property. Lender~ s actions can include, but are not limited to: (a) paying any SUlTIS secured by a lien which has priority over this Security Ins t.ru ment; (b) appearing in court.; and (c) paying reasonable G .6A(lD) (0005) $ ODs.mw P3J~ 7 (;iI 15 I"ili~" ~ Form 3013 1/01 attorneys' fees to protect its interest in the Property and/or rights under this Security In...~trul11ent~ including its secured position in a bankruptcy proceeding. Securing the Property includes 1 but is not limited tOr entering the Property to make repairs, change locks, replace or board up doors and windows) drain water from pipes} eliminate building or other code violations or dangerous conditions r and have utili ties turned on or off. Although Lender may take action under tills Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any anlOunts disbursed by Lender under tIus Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate fronl the date of disbursenlent and shaH be payable, with such interest) upon notice from Lender to Borrower requesting paYlnent. If tillS Security lnstruluellt is on a leasehold~ Borrower shall comply with all the provisions of the lease. If Borrower acquires fee titLe to the Property t the leasehold and the fee title shaH not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of lnaking the Loaut Borrower shall pay the preouullls required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available froDl the luortgage insurer that previously provided such insurance and Borrower was required to make separately deslgnnted paynlents toward the premiU1l1S for Mortgage Insurance) Borrower shall pay the preluiuU1s required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effectJ at a cost substantially equivalent to the cost to Borrower of the lvlortgage Insurance previously in effectl fl'Olll an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage lnsurance coverage is not available) Borrower shall continue to pay to Lender the amount of the separately designated payments tl1nt were due when Ule insurance coverage ceased to be in effect. Lender will accept, use and retain these paymeuts ~~s a non~refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non~refundable ~ notwithstanding the fact that the Loan is ultimately paid in full J and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve paytuents if Mortgage Insurance coverage (in the amount 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 the prenuums for Mortgage Insurance. If Lender required Ivlortgage Insurance as a condition of rnaking t.he Loan and Borrower was required to make separately designated payments toward the prelniullls for Mortgage Insurancet Borrower shall pay the prenllunls required to lnaintain Mortgage Insurance in effect~ or to provide a non~refundable loss reserve~ until Lender's requirement for Mortgage Insurance ends in accordance with any wri tten agreement between Borro wer and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower~s obligation to pay interest at the rate provided in the Note. Mortgage Insurance reinlburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evalu3te their total risk on all such insurance in force from tirne to time, and 1Th.'1Y enter into agreements with other parties that share or modify their rlsk1 or reduce losses. These agreel11ents are on terms and conditions that are satisfactory to the 1110rtgage insurer and the other party (or parties) to these agreements. Tbese agreements tnay require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which fimy include funds obtained froIn M'ortgage .Insurance prenu urns) . As a result of these agreements, Lender t any purchaser of the No teJ ana ther insurer ~ any reinsurer J any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) aUlounts t.hat derive from (or might be cbaracterized as) a portion of Borrower)s payments for Mortgage Illsurancet in exchange for sharing or modifying t:he mortgage insurer' S risk~ or reducing losses. If such agreernent provides that an affiliate of Lender takes a share of the insurer)s risk in exchange for a share of t.he premiums paid to the insurer t the arrangement is often termed fl capti ve reinsurance. II Further: (a) Any such agreements ,viII not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terIns of the Loan~ Such agreements will not incrense the anlount Borrower will owe for Mortgage Insurance, and they 'will not entitle Borrower to any refund. _ *6A[lD} (00061 ~ 00 S.ID W P~ft a of 15 'nill~,13fJ-1(S: Form 3013 1/01 (b) Any snch agreements will not affect the rights Borrower bas.. if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance~ to have the Mortgage Insurance terminated automatically t and/or to receive n refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination t 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged~ such Miscellaneous Proceeds shall be applied to restoration or repair of tbe Property ~ if Ule restoration or repair is economically feasible and Lenderts security is not lessened. During such repair and restoration period t Lender shaH have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been cOInpleted to Lender~s satisfactioll~ provided that such inspection shall be undertaken promptly. Lender may pay fOf the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is nlade in wri ling or Applicable Law requires interest to be paid on such M'iscellaneous Proceeds ~ Lender shall not be required to pay Borrower any interest or earnings all such Miscellaneous Proceeds. If the restoration or repair is not econonucally feasible or Lender)s security would be lesselled~ tile Miscellaneous Proceeds shall be applied to the sums secured by dlis Security Instnllnent~ whether or 110t then due ~ witlt the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking~ destruction, or loss in value of the Propeny t the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instnllnent ~ ,vhether or not then duet with the excess, if any, paid to Borrower. In the event of a partial takingt destruction~ or loss in value of the Property in which the fair luurket value of the Property inunediately before the partial taking, destruction,. or loss in value is equal to or greater than the amount of tl1e sums secured by this Security Instnllnent inunediately before the partial taking) destruction,. or loss in value, unless Borrower and Lender otherwise agree in writing) the SUIllS secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds nlultipIied by the following fraction: (a) the total amount of the SUlUS secured iOlluediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of tile Property immediately before the partial taking, destructioll, or loss in value. Any balance shall be paid to Borrower. In the event 0 f a partial taking t destruction) or loss in value of the Property in which the fair Inarket value of the Properly inlmediately before the partial taking, destruction, or loss in value is less than t.he amount of the sums secured immediately before Ute partial taking, destruction) or loss in value, unless Borrower and Lender otherwise agree in writing t tJte Miscellaneous Proceeds shall be applied to the SUIUS secured by this Security Instrument whet11er or not the sunlS are then due. ]f t.he Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a clailll 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 Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secu red by this Security Instrument) whether or not then due. IIOpposing Party *1 means the third party t.hat owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criluinal, is begun that, in Lender~ s judgment, could result in forfeiture of the Property or other ntaterial impainllent 0 f Lender's interest in the Property or rights under this Security Instrument. Borrower can cure suell a default and t if acceleration has occurred) reinstate as provided in Section 19 ~ by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender~s interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender)s interest in the Property are hereby assigned and shall be paid to Lender. All MisceUaneous Proceeds that are not applied to -restoration or repair of the Property shall be applied in the order provided for in Section 2. Q -GAUD) t0006) @ DDS.IDW !('I~tf~lil~~ Form 3013 1/01 P~Cl EI of 15 12. Borrower Not Released; Forbearance By Lender Not n "Vai"er~ Extension of the tinlc for payment or modification of amortization of the sums secured by this Security Instrument g.ranted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payul.ent or oUlerwise nlodify amortization of the sums secured by this Security Instnunent by reason of any demand nlade by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation~ Lenderts acceptance of paynlents from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, sl1al111ot be a waiver of or preclude the exercise of any right or renledy. 13. Joint and Several Liability; Co~signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrowel'~s obligations and liability shall be joint and several. I-Iowever, any Borrower who co-signs tl1is Security lnstnunent but does not execute the Note (a neo-signerU): (a) is co-signing this Security Illstnllnellt only to mortgage, grant and convey the co-signer's interest in the Property under the tenns of this Security IllS tlu ment; (b) is not personally obligated to pay the SUlllS secured by this Security lnstlulnent~ and (c) agrees that Lender and any other Borrower can agree to extend) 1l10dify, forbear or make any accommodations with regard to t.he terms of this Security Instrument or the Note without the co-signer)s consent Subject to the provisions of Section 18, any Successor in Interest of Borrower who assun1eS Borrower)s obligations under this Security Instrument in writing~ and is approved by Lender, shall obtain all of Borrower)s rights and benefits under this Security lnstruulent. Borrower shall not be released frol11 Borrower) s obligations and liability under this Security I nstnllnent unless Lender agrees to such release in writing. The covenants and agreenlents of this Security Instrulnent shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender Inay charge Borrower fees for services performed in cOlmeclion with Borrower's default, for the purpose of protecting Lender's interest in the Property aud rights under this Security Instrument~ including, but not limited to, attorneys' fees, property inspection .and valuation fees. In regard to any other feest the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security lnstrument or by Applicable Law. If the Loan 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 liunts, thell~ (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sunlS already collected from Borrower which exceeded penniUed limits will be refunded to Borrower. Lender may choose to llJake this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal t the reduction will be treated as a partial prepayment without any prepaynlent charge (whether or not a prepaYlnent charge is provided for under the Note). Borrowerts acceptance of any such refund nmde by direct paynlent to Borrower will constilute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with Ulis Securily !nstlulllenl Inust be in writing. Any no tice to Borrower in connection with this Security Instrument shall be deelued to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any oue Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall prolnptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting. Borrower)s change of address~ t.hen Borrower shall only report a change of address t.hrougl1 that specitied procedure. There may be only one designated notice address under this Security lnstruruent at anyone tiIne. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually recei ved by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. _ ~6A{lD} (0006) @ DDS.IOW P ago 1 0 of 1 6 InillalS~ Form 3013 1/01 16~ Governing Law; Severability; Rules of Construction~ Tlus Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in Utis Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silenc) but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable La w 1 such conflict shall not affect other provisions 0 f this Security Instrument or tbe Note which can be gi yen effect without the conflicting provision. As used in this Security Instrument: (a) words of tbe nmsculine gender shall mean and include corresponding neuter words or words of the felninine gender; (b) words. in the singular shall mean and include the plural and vice versa~ and (c) the word u1nayu gives sole discretion wit.hout any obligation to take any action. 17. Borrower's Copy~ Borrower shall be given one copy of the Note and of this Security IllstruulellL 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18) /'Interest in the Property" means any legal or beneficial interest in the PropertY1 including) but not linIited to, those beneticial interests transferred in a bond for deed, contract for deed) instaUment sales contract or escrow agreeluellt the intent of which is t.he transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) wilhout Lender's prior wri [ten consent, Lender may require ilnmediate paynlcnt in full 0 f all sums secured by t.his Security Instlumellt. However. this option shall not be exercised by Lender if such exercise is prol1ibited by Applicable Law. If Lender exercises this option~ Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sum..~ secured by this Security Instrunlent. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any rernedies perntiued by this Security Insuument without further no tice or dell13nd on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any tilne prior to t.he earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Secnrity Instrument; (b) such other period as Applicable Law might specify for the tefIuination of Borrower)s right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those condicions are [hat Borrower~ (a) pays Lender aU sums which then would be due under this Security Instnuuent and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreelnellts; (c) pays all expenses incurred in enforcing this Security Instrunlent) including, but not lhnited to I reasonable attorneys} fees ~ property inspection and valuation fees t and other fees incurred for the purpose of protecting Lender~ s interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest :in the Property and rig ins under this Security I nstrurnent, and Borrower~ s obligation to pay the Sllms secured by this Security In~ t111Dlent, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms 1 as selected by Lender: (a) cash; (b) l110ney order; (c) certified check) bank check, treasurer's check or cashier)s check~ provided any such check is drawn upon an institution whose deposits are insured by a federal agency 1 instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall 110t apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievnnce~ The NOle or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale .utight result in a change in the entity (known as the ~tLoan Servicer") that collects Periodic Paynlents due under the Note and this Security lnstnunent and performs other mortgage loan servicing obligations under the Note1 this Security Instrument, and Applicable Law. There also migl1t be oue 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 which will state the name and address 0 f the new Loan Servicer) the address to which payments should be made and. any other information RESPA _ -6A[lDJ (0005) @ oelS.IDW Paoe 11 or 15 1"'U".SfY() ~ Form 3013 1 101 requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will renmin with the Loan Servicer or be transferred to a successor Loau Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Nei ther Borrower nor Lender may commence, join~ or be joined LO any judicial action (as either an indi vidual litigant or the member of a class) that arises from the other party) s actions pursuant to t.his Security Instnlment or t.hat alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrunlent, until such Borrower or Lender has notified the other party (with such notice gi ven in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective actioll. If Applicable Law provides a thue period which Inust elapse before certain action can be taken) t.hat ti me period will be declned to be reasonable for purposes of tItis paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21~ llazal"dous Substances. As used in tIlis Section 21; (3) "Hazardous Substances" are those substances defined as toxic or hazardous substances) pollutants, or wastes by Environnlental Law and the following substances: gasoliJle~ kerosene, other flammable or toxic petroleUll1 productst toxic pesticides and herbicides! volatile solventst materials containing asbestos or formaldehyde, and radioactive lllaterials; (b) "Environmental Lawl' means federal laws and laws of the jurisdiction where the Property is located thHt relate to health~ safely or environmental protection; (c) ItEuvironmental Cleanup" includes any response action1 relnedial action~ or removal action, as defined in Environmental Law; and (d) an t. Enviromuental Condition II Ineans a condition that can cause, contribute to ~ or otherwise trigger 3n Environmental Cleanup. Borrower shall not cause or permit the presence ~ use, disposal) storage I or release 0 f any I-Iaza,rdous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property ea) that is ill violation of any Environlllcllti11 Law, (b) which creates an Environmental Condition, or (c) which, due to the presence) use, or release of a Hazardous Substance, creates a condition that adversely affects t.he value of the Properly. The preceding (WO sentences shall nOL apply to the presence, use~ or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate [0 nonna1 residential uses and to maintenance of lhe Property (including, but not limited to~ haznrdous substances in conSUlner products). Borrower shaH promptly give Lender written notice of (a) any investigation, claim) denland) lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any I-Iazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) RllY Environmental Condition, including but not limited 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 HaZc;1rdous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any govenunental or regulatory authority, or any private party, that any removal or other relnediation of any Hazardous Substance affecting the Properly is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. _ .6A(ID) \0005) @ ODS.IDW 1";Li~'~ Form 3013 1/01 P2\)O 12 of 15 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies.. Lender shall give notice to Borro'ver prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrumcn t (but not prior to acceleration under Section 18 unless Applicable Law provides othenvise)~ 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 rail ure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property.. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of n 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 secure.d by this Security Instrument 'vithout further <leman d and may in vol{e the power of sale nnd any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies Ilrovided in this Section 22, including, but not Ihniled tOt reasonable attorneys' fees nnd costs of title evidence. If Lender in'~okes the power of sale, Lender shall execute or cause Tl.ustee to execute written notice of the occurrence of an event of default and of Lender's election to cause the Property to be sold, and shall cause such notice to be recorded in each county in 'which any part of the Property is located. Lender or Trustee shall mail co pies of the notice as prescribed by Al}plitaule Law to Borrower and to other persons prescribed by Applicable Law. Trustee shan give public notice of sale to the persons and in the manner prescribed by Applicable Law. After lhe ti lne requited by Applicable Law, Trustee, without demand 011 Dorrower, shall sell the Property at public nuction to the highest bidder at the time and place and under the terms designated in the notice of sale in one OJ" more parcels and in any order Trustee determines. Trustee may postpone sale of all or any paz'eel of the Property by pu bHe announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without allY covenant or warranty, expressed or implied. The recitals in the Trustees 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: (n) to an expenses of the sale, includingt but not limited to, reasonable Trustee's and attorne)rs' fees; (b) to all sums secured by this Security Instruluent; and (c) any excess to the person or persons legally entitled to it. 23 ~ Recan veynnce. Upon payment of aU sums secured by this Security Inslnllnenl, 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 withont 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. 24. Substitute Trustee. Lender may) for any reason or cause, fronl titne to tinle relllove Trustee and appoint a successor trustee to any Trustee appointed hereunder. WiUlout conveyance of the Property) the successor trustee shall succeed to aU the title, power and duties conferred upon Tnlstee herein and by Applicable Law. 25. Area and Location of Property ~ Either the Property is no t more than 40 acres in area or the Property is located within an incorporated city or village. G ~6A(lD) ~0005l <!l ODS.IDW pag., , ~ of 16 '"I""'~ Form 3013 1/01 BY 51 GNIN G BELOW ~ Borrower accepts and agrees to the terms and COVe11:1nts cOlltained in this Security Instrument and in any Rider execu[ed by Borrower and recorded with it. Witnesses: (Seal) ~Borrower (Seal) -Borrower (Seal) -Borrower . -6A(ID) {OOOGI (!> DO 5.10 W eal) ~ I< ~iJoo SUZANNE R. JACKSON (Seal) -Borrower lI~l.fJ..lE. vt .JAa<.t;oJJ SHALL HAVE NO PERSONAL L1ASI LlTY OR OBLtG- ATIONS HEREtN OR SECURED HEREBY. AND EXECUTES THIS rNSTRUMaIT.oNLv (Se31) TO SUBORDtNATE ANY INTEREST HE/SHHorrowcr MAY ACQUIREj INCLUDrNG W!THOUT R ESERVATrON~ HIS/HER HOMESTEAD RfGHTS TO TH IS 0 EED OF TRUST" (Seal) ~Borrowcr (Seal) ~ Borrower Page 14 oJ 15 Form 3013 1/01 STATE OF IDAHO, ~ _ County ss: On this (P 4,ay 9f ~VV& .z.a:~ I~ > before me, et t--lCJ1 PH \.LL{ftS a Notary Public in and for said county and state t personally appeared tf~0( M. (fk&lLX1/J cl. C?t,(2ltJV~ V'~ 37u:v:-~ known or proved to Ine to be the person(s) who executed the foregoing instrument} and acknowledged 1O me that he/s~execllted the same. ~ In witness whereof I have hereunto set nly 11m d aI' ~. ffi ed IllY ofticial seal the day and year in this certificate first above written. t '1 .... ~ NOHUY Public residing at: G .6A{I D) IOOOSl III D Ds.mw P~1l t 6 of 15 'nl"'I"~ Form 3013 1/01 Sharon Smith From: Sent: To: Cc: Subject: Sharon Smith Thursday, June 19, 2003 12:08 PM Sonya Allen (E-mail); Kristy Vigil (E-mail) Tara Green surrounding property owners list for Fence Variance I need a list for a Fence Variance App just submitted please -- 4636 W. Aspen Creek in Blackstone for Suzanne & Bradley Jackson. please fax over to Tara -- Thanksll S(taron Smitli 9vlerkfian City Cfer/& Office (]!/i. 888-4433 exJ 210