Clickner, John & Barbara
';-<''''''~7;';.t.
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~ P r CITY OF t~I~:!i;, .".
LNLerzdia:n
ID.-\HO
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
William L. M. Nary
Keith Bird
Charles M. Rountree
Shaun Wardle
CITY DEPARTMENTS
Fire
540 E. Franklin Road
888-1234/ fax 895-0390
Parks & Recreation
11 E. Bower Street
888-3579/ fax 898-5501
Planning & Zoning
660 E. Watertower Lane
S~\ite 202
884-5533/ fax 888-6854
Police
1401 E. Watertower Lane
888-66781 fax 846-7366
Public Works
660 E. Watertower Lane
Suite 200
898-55001 fax 898-9551
- Building
660 E. Watertower Lane
Suite 150
887-2211/fax 887-1297
- Sewer (WWTP)
3401 N. Ten Mile Road
888-2191/ fax 884-0744
- Water
2235 N. W. 8th Street.
888-5242/ fax 884-1159 -
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Ii
30
City of Meridian
City Clerk Office
November 29,2004
Mr. & Mrs. Clickner
1760 W. Quiet Peak Street
Meridian, Idaho 83642
Re: Fence Waiver Application
Dear Mr. & Mrs. Clickner:
This letter is in response to your fence waiver application for the property
located at 1760 W. Quiet Peak Street, Meridian, Idaho. In your application
you asked to be allowed to reduce the setback from 20-feet to 10-feet from
the street side property Ene along Watersong Way.
We received no objections from surrounding property owners, whom were
notified in accord with the City's Zoning and Development Ordinances.
The City has approved your Fence Waiver, allowing the fence to be located
IO-feet from the street side property line along Watersong Way. This
approval is subject to the conditions noted below. Section 11-1-11 of the
Meridian City Code allows any aggrieved person to appeal this decision. All
appeals shall be filed with the Planning and Zoning Department within fifteen
(15) days after the date of this letter.
1. The face of the fence shall be set a minimum of la-feet from the
property line along Watersong Way.
2. You must landscape and maintain the ground area between the fence
and sidewalk.
3. The board side of the fence shall face out toward the street( s).
4. You must also obtain a building permit for your fence from the City
of Meridian Building Department prior to construction. You must also
call for an inspection of the fence once you have completed
construction.
CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433
CITY CLERK -r-;,\X 888-4218 HU~1AN RESOURCES-F,\X 884-8723 FIN,\NCE & UTILITY BILLING -F,\X 887-4813 Mi\YOR'S OFFICE- F.\X 884-8]] 9
The City of Meridian has no jurisdiction in the enforcement of the provisions
of your subdivision's protective covenants. We recommend that you obtain
approval from your homeowner's association for this fence location. We also
recommend that you contact Dig-Line at 342-1585 to locate any underground
utilities prior to digging or excavating for your fence posts.
Feel free to call me at 884-5533 if you have any questions or concerns
regarding the conditions of approval in this letter.
Sincerely,
~ t[:.1tM icn -1J1na. ~
Anna Borchers Canning, AlCP
Planning Director
City of Meridian Planning and Zoning Department
Cc: File
Building Department
City Clerk
Valley Times
P.O. Box 1790
Eagle, Idaho 83616
LEGAL ADVERTISING PROOF OF PUBLICATION
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CITY OF .MERIDIAN
Planning & Zoning Department
660 E. Watertower Ln.: Ste. 202, Meridian, ill 83642
(208) 884-5533 Phone / (208) 888-6854 Fax
FENCE WAIVER APPLICATION
(RE: Meridian Zoning Ordinance 12-4-10 Fences)
MPLICANT: J 0 h N ~ [SA- (loltr-p Q I t ~l<JJeV
ADDRESS: (7 ~O lJ..), 0 l),_\ e+ VeG-!'\. sf,
PHONE: . B g 4 - BloB 0 FAX: E-MAJL: y U sty _ b A I" b~ ~\A SJ\) . CaN-t
OWNER(S) OF RECORD (IF DIFFERENT FROM AP~LICANT):
ADDRESS:
PHONE:
FAX:
E-MAIL:
PROOF OF OWNERSHIP: (Copy of deed or option must be attached)
NOTARIZED CONSENT OF PROPERTY OWNER (See attached Affidavit of Legal Interest)
LEGAL DESCRIPTION OF PROPERTY: LOT# I 0 BLOCK# 07 SUBDIVISION: UJ A t-ev SO}oJ I
-... - I.=s7-rvl-es
PRESENT USE OF SUBJECT PROPERTY: -R e,~l d p~ U L e...
ZONING OF SUBJECT PROPERTY: R - S
DESCRIPTION OF THE MINIMUM REQUJREMENTS OF ~S TIT~ THAT NEED TO BE REDUC~D TO
PERMIT THE PROPOSED FENCE WAIVER? ..-.1 () ~ .5 e; h ;l.c 1\ (J n CO ttl/L>Q, r LLrT- +or
Se I; j F e.IJCe- ~q liJ Q te-.-.$ D U 1 Will .J.-o "" p r b jO~ "'- +, t; '-'<2.-
SCHEMATIC DRAWING: Attach drawing showing buildings, streets, & proposed fence.
SURROUNDlNG PROPERTY OWNERS: List of the mailing addresses of all property owners (obtain list from
Meridian Planning & Zoning Department, 884-5533) within two hundred feet (200') of the external boundaries of
the land being considered.
AITACHAPPLICATION FEE OF: $50.00
AITACH STATEJ\ffiNT THAT FENCE IS ALLOWED UNDER THE RESTRICTIVE COVENANTS OF THE
SUBDMSION OR A COpy OF TIlE RESTRICTIVE COVENANTS PERTAINING TO FENCES.
Applicant's SignatuIe: 0;.-L [: ~
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ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 08/27104 04:43 PM
DEPUTY BonnIe ObarblfJig
RECORDED-REQUEST OF
Tille One
AMOUNT 67.00
19
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11I111111I111111111111111111111111 III
104110859
Return To:
PRIMARY RESIDENTIAL MORTGAGE INC.
4750 WEST WILEY POST WAY #200
SALT LAKE CITY, UTAH. 84116
Attn.: SHIPPING DEfT./OOe. CONTROL
Prepared By:
f\UL{ 31 L,( (p~ JJL{ /U l-t
ISpace Above This Line For Recording Datal
DEED OF TRUST
MIN 1001464-0104800683-0
MERS TELEPHONE: (888) 679-6377
DEFrNITIONS
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, ]], 13, ]8,20 and 21. Certain rules regarding the usage of words used in this document are
also provided in Section 16.
(A) "Security Instrument" means this document, which is dated August 25, 2004, together with all
Riders to this document.
(B) "Borrower" is BARBARA D CLICKNER and JOHN E CLICKNER wife and husband.
Borrower is the trustor under this Security Instrument.
(C) "Lender" is PRIMARY RESIDENTIAL MORTGAGE INe.. Lender is a corporation organized
and existing under the laws of the State of NEVADA. Lender's address is 4750 WEST WILEY POST
WAY #200,SALT LAKE CITY, UTAH 84116.
(D) "Trustee" is TITLE ONE.
(E) "MERS" is Mortgage ElectroniC Registration Systems, Inc. MERS is a separate corporation that is
acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary
under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an
address and telephone number of P.O. Box 2026, Flint, MI48501-2026, tel. (888) 679-MERS.
(F) "Note" means the promissory note signed by Borrower and dated August 25, 2004. The Note slates
Ihal Borrower owes Lender One Hundred Fifty One Thousand Nine Hundred And 00/100 Dollars
(U.s. $ 151,900.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments
and to pay the debt in ful[ not later than September 1,2034.
(G) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property. "
(H) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.
IDAHO-Single Family-Fannie Mae1freddie Mac UNIFORM Ii'i"STRUMENT WITH MERS
Page I of 15
Form 30 B 110)
idcmertd -
JlqIJJ!d
I .
(I) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable):
[] Adjustable Rate Rider
[] Balloon Rider
[ ] VA Rider
[ ] Condominium Rider
[X] Planned Unit Development Rider
[l Biweekly Payment Rider
[] Second Home Rider
[] 1-4 Family Rider
[] Other(s) (specify]
(J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
(K) "Community Association Dues, Fees. and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit
or credit an account. Such term includes, but is nm limited to, point-of-sale transfers, automated teller
machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers.
(M) "Escrow Items" means Ihose items thaI are described in Section 3.
(N) "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, the Property; (ii) condemnation or other taking of all or any part of the
Property; (Hi) conveyance in lieu of condemnation; or (lv) misrepresentations of, or omissions as to, the
value andlor condition of the Property.
(0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
Ihe Loan.
(P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.c. Section 2601 el seq.) and its
implemenling regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to
time, or any additional or successor legislation or regulation that governs the same subject matter. As used
in this Security Instrument, "RESPA" refers 10 all requirements and restrictions that are imposed in regard
to a "federally related mortgage loan" even if the Loan does nol qualifY as a "federally related mortgage
loan" under RESPA.
(R) "Successor in Interest-of Borrower" means any party that has taken title 10 the Property, whether or
not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's
successors and assigns) and the successors and assigns of MERS. This Security [nstmment secures to
Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii)
the performance of Borrower's covenants and agreements under this Security Inslrument and the Note. For
Ihis purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the
following described property located in the County [Type of Recording Jurisdiction] of ADA [Name of Recording
Jurisdiction):
IDAHO-Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT WITH MERS
Page 2 of J5
Form 3013 1101
Initials: t3.~
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PLEASE A TT ACH LEGAL DESCRIPTION
ParcellD Number:
1760 WEST QUIET PEAK STREET[Strcct]
MERIDIAN [City) , Idaho 83642 [Zip Code] ("Property Address"):
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and
additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title
to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or
custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any
or al] of those interests, including, but not limited to, 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 the right to grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering rea]
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall 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 sha[] also pay funds for Escrow Items
pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.
currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the following forms, 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 drawn upon an institution whose deposits are insured by a federal agency,
instrumentality, 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 with the notice provisions in Section
15. Lender may return any payment or partial payment if the payment or partial payments are insufficient
to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the
Loan current, without waiver of any rights hereunder or prejudice to its rights to refuSe such payment or
which currently has the address of
IDAHO-Single Family-Fannie MaeIFceddie Mac UNIFORM INSTRUMEl'\T WITH MERS
Page 3 of 15
Form 3013 1/01
lnilials:~
ge~ft~
I '
partial payments in the future, but Lender is not obligated to apply such payments at the time such
payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need
not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes
payment to bring the Loan current. If Borrower does not do so within a reasonable period oftime, Lender
shall either apply such funds or return them to Borrower. Ifnot applied earlier, such funds will be applied
to Ihe outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim
which Borrower might have now or in the future against Lender shall relieve Borrower from making
payments due under the Note and this Security Instrument or perfonning the covenants and agreements
secured by this Security [nstrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by Lender shall be applied in the foHowing order of priority: (a) interest
due under the NOle; (b) principal due under the Note; (c) amounts due under Section 3. Such payments
shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts
shall be applied first to late charges, second to any other amounts due under this Security Instrument, and
then to reduce the principal balance of the Note.
If Lender receives a paymenl from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and
the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment
received from Borrower to the repayment of the Periodic Payments if, 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 payment of
one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary
prepayments shall be applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due
under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender On the day Periodic Payments are due
under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due
for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a
lien or encumbrance on the Property; (b) leasehold payments or ground rents on the 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 the payment of Mortgage
Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow
Items." At origination or at any time during the term of the Loan, Lender may require that Community
Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and
assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to
be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives
Borrower'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 such waiver may only be
in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts
due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires,
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 deemed to
be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and
agreement" is used in Section 9. If Bonower is obligated to pay Escrow Items directly, pursuant to a
waiver, and Borrower fails to pay the amount due for an Escrow Item, 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 10 any or all Escrow Items at any time by a notice
given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds,
and in such amounts, that arc then required under this Seclion 3.
IDAHO-Single Family-Fannie MaelFreddie Mat UNIFORM INSTRUMENT WITH MERS
Page 4 of IS
Form 30B 1101
Initials:~
Cl. tL. ~ 6'7iC
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Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to
apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender
can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in
any Federal Home 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, annually
analyzing the escrow account, or verifying the Escrow lIems, unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lender 10 make such a charge. Unless an agreement is made in writing
or Applicable Law requires interest to be paid on the Funds, Lender shall nol be required 10 pay Borrower
any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest
shall be paid on Ihe Funds. Lender shall give to Borrower, wilhoul charge, an annual accounting of the
Funds as required by RESPA.
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 RESPA. If there is a shortage of Funds held in escrow,
as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12
monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make
up the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly
refund to Borrower any Funds held by Lender.
4. Charges; Liens, Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payments or
ground rents on the Property, ifany, and Community Associalion Dues, Fees, and Assessments, ifany. To
Ihe ex lent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument
unless BOlTower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner
acceptable to Lender, but only so long as Borrower is perfonning such agreement; (b) contests Ihe lien in
good faith by, or defends against enforcement of the lien in, 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 Instrument. If Lender determines 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 lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the
lien or lake one or more of the actions set forth above in Ihis Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verificalion and/or
reporting service used by Lender in connection with this 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 term "extended coverage," and any
other hazards including, but not limited 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 term of
the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's
right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may
require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone
detennination, certification and tracking services; or (b) a one-time charge for flood zone detennination
IDAHO.Single Family-Fannie MaelFreildie Mac UNIFORM INSTRUMENT WITH MERS
Page 5 of 15
Form 3013 1101
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and certification services and subsequent charges each time remappings or similar changes occur which
reasonably might affect such determination or certification. Borrower shall also be responsible for the
payment of any fees imposed by the Federal Emergency Management Agency in connection with the
review of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might
not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk,
hazard or liability and might 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 have obtained. Any amounts disbursed by Lender under this Section 5 shall
become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest
at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from
Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to
Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name
Lender as mortgagee and/or as an additional loss 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
premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise
required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard
mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender.
Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise
agree in \Vfiting, any insurance proceeds, whether 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 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 satisfaction, provided that such inspection shall be
undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or
in a series of progress payments as the work is completed. Unless an agreement is made in writing or
Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay
Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties,
retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of
Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened,
the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not
then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order
provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance
claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the
insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. 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 Instrument, and
(b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by
Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the
coverage of the Property_ Lender may use the insurance proceeds either to repair or restore the Property or
to pay amounts unpaid under the Note or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy the
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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, Maintenance and Protection of the Property; Inspections. Borrower shall
not destroy, damage or impair the Property, allow the Property to deteriorate or conunit waste on the
Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in
order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is
determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall
promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or
condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower
shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such
purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of
progress payments as the work is completed. lfthe insurance or condemnation proceeds are not sufficient
to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of
such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the 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 if, during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender
(or failed to provide Lender with material information) in connection with the Loan. Material
representations include, but are not limited 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 tbis Security
Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security
Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property
andlor rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for
condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security
Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender
may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and
rights under this Security Instrument, including protecting and/or assessing the value of the Property, and
securing and/or repairing the Property. Lender's actions can include, but are not limited to; (a) paying any
sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c)
paying reasonable attorneys' fees to protect its interest in the Property andlor rights under this Security
Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but
is not limited to, 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, and
have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not
have to dQ 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 amounts disbursed by Lender under this Section 9 shall become additional debt of BorrQwer
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the
lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless
Lender agrees to the merger in writing.
WAHO-Single Family-Fannie MaeIFreddie Mac UNIFORM INSTRUMENT WITH MERS
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Form 3013 1/111
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10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the
Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any
reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage
insurer that previously provided such insurance and Borrower was required to make separately designated
payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to
obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost
substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an
alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is
not available, Borrower shall continue to pay to Lender the amount of the separately designated payments
that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these
payments as 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, and Lender shall not be
required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss
reserve payments 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 premiums for Mortgage insurance. If Lender required
Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately
designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums
required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until
Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between
Borrower and Lender providing for such termination or until termination is required by Applicable Law.
Nothing in this Section 10 affects Borrower's obligation 10 pay interest at the rate provided in the Note.
Mortgage Insurance reimburses 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 evaluate their total risk on all such insurance in force from time to time, and
may enter into agreements with other parties that share or modify their risk, or reduce losses. These
agreements are on tenns and conditions that are satisfactory to the mortgage insurer and the other party (or
parties) to these agreements. These agreements may require the mortgage insurer to make payments using
any source of funds that the mortgage insurer may have available (which may include funds obtained from
Mortgage Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer,
any other entity, or any affiliate of any ofthe foregoing, may receive (directly or indirectly) amounts that
derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in
exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement
provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the
premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further:
(3) Any such agreements will not arrect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount
Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has - 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, and/or to receive a
refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or
termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are
hereby assigned to and shall be paid to Lender.
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If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair
of the Property, 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 Miscellaneous Proceeds
until Lender has had an opportunity to inspect such Property to ensure the work has been completed to
Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the
repairs and restoration in a single disbursement or in a series of progress payments as the work is
completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such
Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such
Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security
would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with 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 Property, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with
the excess, if any, paid to Borrower.
In the event of a partial raking, destruction, or loss in value of the Property in which the fair
market value of the Property immediately before the partial taking, destruction, or loss in value is equal to
or greater than the amount of the sums secured by this Security Instrument immediately before the partial
taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums
secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds
multiplied by the following fraction: (a) the total amount of the sums secured inunediately before the
partial raking, destruction, or loss in value divided by (b) the fair market value of the Property immediately
before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower, In the event
of a partial taking, destruction, or loss in value of the Property in which the fair market value of the
Property immediately before the partial taking, destruction, or loss in value is less than the amount of the
sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and
Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this
Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower. or if, after notice by Lender to Borrower that the
Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages,
Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized
to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the
sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third
party that 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 criminal, is begun that,
in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's
interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, 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 Miscellaneous Proceeds that are not applied to restoration or repair of the Property shalt be
applied in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Security Instrument granted by
Lender to Borrower or any Successor in Interest of Borrower shalt not operate to release the liability of
Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence
IDAHO-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS
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proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or
otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand
made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in
exercising any right or remedy including, without limitation, Lender's acceptance of payments from third
persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall
not be a waiver of or preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower
covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any
Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-
signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property
under the tenns of this Security Instrument; (b) is not personally obligated to pay the sums secured by this
Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify,
forbear or make any accommodations with regard to the tenns 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 assumes
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 Instrument. Borrower shall not be released nom
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in
writing. The covenants and agreements of this Security Instrument shall bind (except as provided in
Section 20) and benefit the successors 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 Lender's interest in the Property and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees.
In regard to any other fees, 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 Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that Jaw is finally
interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan
exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to
reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which
exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by
reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund
reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge
(whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such
refund made by direct payment to Borrower will constitute 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 this Security
Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be
deemed 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 anyone 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
promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting
Borrower's change of address, then Borrower shall only report a change of address through that specified
procedure. There may be only one designated notice address under this Security Instrument at anyone
time. 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
received by Lender. If any notice required by this Security Instrument is also required under Applicable
IDAHO-Single Family-Fannie MaeIFreddie Mae UNIFORM INSTRUMENT WITH MERS
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Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security
Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shalt be
governed by federal taw and the law of the jurisdiction in which the Property is located. All rights and
obligations contained in this 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 silent, 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
Law, such contlict shall not affect other provisions of this Security Instrument or the Note which can be
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 gender; (b) words in the singular shall mean and
include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to
take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security
Instrument.
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 Property, including, but not limited
to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or
escrow agreement, the intent of which is the 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) without Lender's prior written
consent, Lender may require immediate payment in full of all sums secured by this Security Instrument.
However, this option shall not be exercised by Lender ifsuch exercise is prohibited 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 sums secured by this Security Instrument. If Borrower fails to pay
these sums prior to the expiration of this period. Lender may invoke any remedies penniUed by this
Security Instrument without further notice or demand 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 time
prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in
this Security Instrument; (b) such other period as Applicable Law might specify for the termination of
Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those
conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security
Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or
agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited
to, reasonable attorneys' fees, property inspection and valuation fees, 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
rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security
Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums
and expenses in one or more of the following forms, 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 drawn upon
an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic
Funds Transfer. Upon reinstatement by Borrower, this Security lnstrument and obligations secured hereby
shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not
apply in the case of acceleration under Section 18.
IDAHO-Single Family.Fannie Mae/Freddie Mae UNIFORM INSTRUMENT WITH MERS
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20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note 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 might result in a change in the entity (known as the "Loan Servicer") that collects
Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan
servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be
one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan
Servicer, Borrower will be given written notice of the change which will state the name and address of the
new Loan Servicer, the address to which payments should be made and any other infonnation RESPA
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 remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not
assumed by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this
Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by
reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such
notice given 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 action. If
Applicable Law provides a time period which must elapse before certain action can be taken, that time
period will be deemed to be reasonable for purposes of this 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. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides
and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials;
(b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response
action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental
Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. BOlTower
shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any
Environmental 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 the value of the Property.
The preceding two sentences shall not apply to the presence, use, or storage on the Property of small
quantities of Hazardous Substances that are generally recognized to be appropriate to nonnal residential
uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer
products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand,
lawsuit or other action by any govenunental or regulatory agency or private party involving the Property
and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
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
Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified
by any governmental or regulatory authority, or any private party, that any removal or other remediation of
any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary
IDAHO-Single Family-Fannie Mae/Freddie Mae UI'iIFORM INSTRUMENT WITH MERS
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remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on
Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration
following Borrower's breach of any covenant or agreement in this Security Instrument (but not
prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall
specify: (a) the default; (b) the action required to cure the default; (e) a date, not less than 30 days
from the date the notice is given to Borrower, by which the default must be cured; and (d) that
failure to cure the default on or before the date specified in the notice may result in acceleration of
the sums secured by this Security Instrument and sale of the Property. The notice shall furtber
inform Borrower of the right to reinstate after acceleration and tbe right to bring a court action to
assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the
default is not cured on or before the date specified in the notice, Lender at its option may require
immediate payment in full of all sums secured by this Security Instrument without further demand
and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender
shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22,
including, but not limited to, reasonable attorneys' fees and costs of title evidence.
If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute written
notice of the occurrence of an event of default and of Lender's election to cause the Property to be
sold, and shall cause such notice to be recorded in each county in which any part of the Property is
located. Lender or Trustee shall mail copies of the notice as prescribed by Applicable Law to
Borrower and to other persons prescribed by Applicable Law. Trustee shall give public notice of
sale to the persons and in the manner prescribed by Applicable Law. After the time required by
Applicable Law, Trustee, without demand on Borrower, shall sell the Property at public aucUon to
the highest bidder at the time and place and under the terms designated in the notice of sale in one
or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel
of the Property by public announcement at the time and place of any previously scheduled sale.
Lender or its designee may purchase the Property at any sale_
Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any
covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie
evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in
the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's
and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the
person or persons legally entitled to it.
23. Reconveyance. Upon payment of all sums secured by this Security fnstrument, Lender shall
request Trustee to reconvey the Property and shall surrender Ihis Security fnstrument and all notes
evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property
without warranty to the person or persons legally entitled to it. Such person or persons shall pay any
recordation costs. Lender may charge such person or persons a fee for reconveying the Property, but only
if the fee is paid to a third party (such as the Truslee) for services rendered and the charging of the fee is
permitted under Applicable Law.
24. Substitute Trustee. Lender may, for any reason or cause, from time to time remove Trustee
and appoint a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property,
the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by
Applicable Law.
25. Area and Location of Property. Either the Property is not more than 40 acres in area or the
Property is located within an incorporated city or village.
IDAHO-Smgle Family.Fannie MaefFreddie Mac UNIFOR..'\1INSTRUMENT WITH MERS
Page 13 of 15
Form 3013 1/01
Jniljal:~
!C~'f1f~
BY SIGNfNG BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
Witnesses:
~~st}.~
RBARA D CLICKNER
(Seal)
-Borrower
~t-~~ (S,,')
~R~k~~'lZr
(Seal)
-Borrower
(Seal)
-Borrower
IDAHO-Single Family-FannIe MaelFreddie Mac UJ'l:IFORM INSTRUMENT WITH MERS
- Page 14 of t5
Form 30t3 1/01
STATE OF IDAHO, 2 /J tI./v ~ ~..".".Iy",
thi ~~_. day of ~ C7V, before me,
t? A~ V, .~~ . a Notary Public in and for said county and
state, personally appeared
BARBARA D CLICKNER ana JnHN F. n .I('~R ~
known or ~~ed to me to be the person(s) who executed the foregoing instrument, and acknowledged to
me that he/~they executed the same.
In witness whereof I have hereunto set my hand and affixed my official seal the day and year in
this certificate first above written.
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Residing at Boise. Idaho'
Commission Expires: 03/0412006
IDAHO-Single Family-Fannie MaelF~eddie Mac UNIFORM INSTRUMENT WITH MERS
Page 15 of I 5
Form 3013 I/O 1
InitialS:~
~4~~
EXHIBIT "AU
Lot 10 in Block 7 of WATERSONG ESTATES, according to the official plat thereof, filed in Book 88 of Plats at
Page(s} 10088 through 10090, and as Amended by an Affidavit recorded February 9,2004 as Instrument No.
104014753, official records of Ada County, Idaho.
Exhibit "An
Legal Descriplion
PLANNED UNIT DEVELOPMENT RlDER
THIS PLANNED UN1T DEVELOPMENT RIDER is made this 25th day of August, 2004,
and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust,
or Security Deed (the "Security Instrument") of the same date, given by the undersigned (the
"Borrower") to secure Borrower's Note to PRIMARY RESIDENTIAL MORTGAGE INC. (the
"Lender") of the same date and covering the Property described in the Security Instrument and located
at:
1760 WEST QUIET PEAK STREET, MERID1AN, IDAHO 83642
[Property Address]
The Property includes, but is not limited to, a parcel of land improved with a dwelling, together with
other such parcels and certain common areas and facilities, as described in the Covenants, Conditions
and Restrictions of the W A TERSONG ESTATES
(the "Declaration"). The Property is a part ofa planned unit development known as
WATERSONG ESTATES
[Name of Planned Unit Development]
(the "PUD"). The Property also includes Borrower's interest in the homeowners association or
equivalent entity owning or managing the common areas and facilities of the POO (the "Owners
Association" ) and the uses, benefits and proceeds of Borrower's interest.
PUD COVENANTS. In addition to the covenants and agreements made in the Security
Instrument, Borrower and Lender further covenant and agree as follows:
A. PUD Obligations. Borrower shall perform all of Borrower's obligations under the
PUD's Constituent Documents. The "Constituent Documents" are the (i) Declaration; (ii) articles of
incorporation, trust instrument or any equivalent document which creates the Owners Association; and
MULTIST ATE PUO RIDER. Single Family - Fannie MaelFreddie Mac UNIFORM INSTRUME:"lT form 3150 1101
Pagelof3 ~
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usc3150
(iii) any by-laws or other rules or regulations of the Owners Association. Borrower shall promptly
pay, when due, all dues and assessments imposed pursuant to the Constituent Documents.
B. Property Insurance. So long as the Owners Association maintains, with a generally
accepted insurance carrier, a "master" or "blanket" policy insuring the Property which is satisfactory
to Lender and which provides insurance coverage in the amounts (including deductible levels), for the
periods, and against loss by fire, hazards included within the term "extended coverage," and any other
hazards, including, but not limited to, earthquakes and floods, for which Lender requires insurance,
then: (i) Lender waives the provision in Section 3 for the Periodic Payment to Lender of the yearly
premium installments for property insurance on the Property; and (ii) Borrower's obligation under
Section 5 to maintain property insurance coverage on the Property is deemed satisfied to the extent
that the required coverage is provided by the Owners Association policy.
What Lender requires as a condition of this waiver can change during the term of the loan.
Borrower shall give Lender prompt notice of any lapse in required property insurance
coverage provided by the master or blanket policy.
In the event of a distribution of property insurance proceeds in lieu of restoration or repair
following a loss to the Property, or to common areas and facilities of the PUD, any proceeds payable
to Borrower are hereby assigned and shall be paid to Lender. Lender shall apply the proceeds to the
sums secured by the Security Instrument, whether or not then due, with the excess, if any, paid to
Borrower.
C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to
insure that the Owners AssociatiDn maintains a public liability insurance pDlicy acceptable in form,
amount, and extent of coverage tD Lender.
D. Condemnation. The proceeds of any award or claim for damages, direct Dr
consequential, payable to Borrower in connection with any condemnation or other taking of all or any
part of the Property or the common areas and facilities of the PUD, or for any conveyance in lieu of
condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shalt be applied by
Lender to the sums secured by the Security Instrument as provided in SectiDn 11.
E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with
Lender's prior written consent, either partition or subdivide the Property or consent to: (i) the
abandonment or termination of the PUD, except for abandonment or termination required by Jaw in
the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation
Dr eminent domain; (ii) any amendment to any provision of the "Constituent Documents" if the
provision is for the express benefit of Lender; (iii) tennination of professional management and
assumption of self-management of the Owners Association; or (iv) any action which would have the
Page 2 00
Form 31501101
InitiaIS:~
Jt:4~~
effect of rendering the public liability insurance coverage maintained by the Owners Association
unacceptable to Lender.
F. Remedies. If Borrower does not pay PUD dues and assessments when due, then Lender
may pay them. Any amounts disbursed by Lender under this paragraph F shall become additional debt
of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other terms of
payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be
payable, with interest, upon notice from Lender to Borrower requesting payment.
BY SIGNING BELOW, Borrower accepts and agrees to the tenns and provisions contained in this
PUD Rider.
~<V-I~(Seal)
ARBARA 0 CLlCKJ"I:ER .Borrower
~Ztk~
JOHN E CLICKNER
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
Form 3]50 1101
Page 3 of3
CITY OF MERIDIAN
NOTICE OF APPLICATION FOR FENCE WAIVER
NOTICE IS HEREBY GIVEN, pursuant to the Ordinances of the City of
Meridian and the laws of the State of Idaho, that John and Barbara Clickner
has filed with the Zoning Administrator of the City of Meridian an application for a
Waiver from the Fence Ordinance regarding his/her property located at 1760
West Quiet Peak Street, Meridian, Idaho. The Applicant proposes a reduction
of the required distance from twenty (20) feet to ten (10) feet from the property
line along Watersong Way.
Comments, either for or against, said application must be filed with the
Zoning Administrator within fifteen (15) days after the initial publication of this
notice and shall be addressed to Planning and Zoning Department, c/o Sonya
Allen, City of Meridian, 660 E. Watertower Ln., Suite #202, Meridian, Idaho. If
there are pertinent and compelling objections filed within the time allowed, the
Zoning Administrator may schedule a hearing on the application.
The property at 1760 West Quiet Peak Street is more particularly
described as Lot 10, Block 7 of Water song Estates, Meridian, Ada County, Idaho.
Dated this 22nd of October, 2004.
all interested persons are welcome and invited to submlhIJilll"tIIIJllllllil
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PUBLISH 25th of October and 1st of November, 2004.
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RADIUS NOTICE REPORT
FILE NAME: c1iclrnr
21-0ct-2004
OWnel"S
Owner Alldress
ASPEN HOMES INC
PO BOX 550
MERIDIAN,ID 83680-0550
Propeliy Address: 1773 W QUIET PEAK ST
ASPEN HOMES INC PO BOX 550
MERIDIAN, ID 83680-0550
Property Address: 1780 W QUIET PEAK ST
ASPEN HOMES INC PO BOX 550
MERIDIAN, ID 83680-0550
Propeliy Addl"ess: 1841 W QUIET PEAK ST
ASPEN HOMES INC PO BOX 550
MERIDIAN, ID 83680-0550
Propeliy Address: 1845 W CANYON RANCH ST
ASPEN HOMES INC PO BOX 550
MERIDIAN, ill 83680-0550
Property Address: 3650 N WATERSONG WAY
ASPEN HOMES INC PO BOX 550
MERIDIAN, ill 83680-0550
Pl"Operty Address: 3736 N WATERSONG WAY
BEARDSLEY RICHARD F
1826 W QUIET PEAK. ST
MERIDIAN, ID 83642-0000
Propeliy Address: 1826 W QUIET PEAK ST
BORUP CONSTRUCTION INC
2250 N MERIDIAN RD
MERIDIAN,ID83642-l60l
Property Addl-ess: 1725 W QUIET PEAK ST
-
BORUP CONSTRUCTION INC
2250 N MERIDIAN RD
MERIDIAN, ID 83642-1601
Pl'opeliy Address: 3715 N MORNING SKY PL
Owners Owner Address
CEREGHINO CARRIE J 1762 W CANYON RANCH ST
MERIDIAN, ID 83642-0000
Propcliy Address: 1762 W CANYON RANCH ST
HOWELL-MURDOCH DEVELOPMENT CORPO
4822 N ROSEPOINT WAY STE C
BOISE, ID 83713-0000
Property Address: 1741 W QUIET PEAK ST
HOWELL-MURDOCH DEVELOPMENT CORPO
4822 N ROSEPOINT WAY STE C
BOISE, ID 83713-0000
Propeliy Address: 1757 W QUIET PEAK ST
HOWELL-MURDOCH DEVELOPMENT CORPO
4822 N ROSEPOINT WAY STE C
BOISE, ID 83713-0000
Propeliy Addrcss: 1823 W QUIET PEAK ST
HOWELL-MWRDOCHDEVELOPMENTCORPO
4822 N ROSEPOINT WAY STE C
BOISE, ID 83713-0000
Property Address: 1827 W CANYON RANCH ST
HOWELL-MURDOCH DEVELOPMENT CORPO
4822 N ROSEPOINT WAY STE C
BOISE, ID 83713-0000
Property Address: 3633 N MORNING SKY PL
MARTSINYUK OKS ANA M
WANDELL KENNETH B
3632 N WATERSONG WAY
MERIDIAN, ID 83642-0000
PropCJ1y Address:
3632 N WATERSONG WAY
MELLEN CONSTRUCTION INC
6771 N BOGART LN
BOISE, ID 83703-0000
Propel1y Adllress: 1775 W CANYON RANCH ST
ONSITE CONSTRUCTION LLC
PO BOX 506
MERIDIAN, ID 83680-0000
Prope11y Address: 1782 W CANYON RANCH ST
SERENITY HOMES INC PO BOX 15503
BOISE, ID 83715-0000
Property Address: 1760 W QUIET PEAK ST
2
Owners
Owner Address
SHARIFI ALl
1023 LAS PALMAS DR
SANTA CLARA, CA 95051-0000
ProllCliy Addrcss:
3688 N W A TERSONG WAY
STRUCK JERYL G
STRUCK DEDREA L
PO BOX 190846
BOISE, ID 83719-0000
P."opeliy Address:
3704 N WATERSONG WAY
STUBBLEFIELD CONSTRUCTION CO INC
PO BOX 327
IvlERIDIAN, ID 83680-0327
Propcrty Addrcss: W USTICK RD
SUPERIOR HUMES INC PO BOX 2679
EAGLE, ID 83616-0000
Propcliy Address: 1850 W QillET PEAK ST
WARM SPRINGS CONSTRUCTION LLC
1190 E STORMY DR
MERIDIAN, ID 83642-0000
Propcrty Addrcss: 3695 N MORNING SKY PL
W A TERSONG NEIGHBORHOOD ASSOCIA 1'10
4822 N ROSEPOINTE WAY STE C
BOISE, ID 83713-0000
Pl"Opeliy Address:
N TIMBER LAKES WAY
WICK ROBERT W
WICK PATRICIA L
4001 SUMMITVIEW AVE STE 5
YAKIMA, W A 98908-2945
Propeliy Address:
1830 W CANYON RANCH ST
WOODSIDE HOMES INC
2599 LANSING LN
MIDDLETON, ID 83644-0000
Propeliy Address:
1761 W CANYONRANCHST
YURKE MARTIN W
3485 N LINDERRD
MERIDIAN, ID 83642-5417
Property Address: 3485 N LINDER RD
3
City of Meridian
NOTICE OF APPUCA TION
For Fence Waiver
NOTICE IS HEREBY GIVEN, pursuant to the Ordinances of the City of
Meridian and the laws of the State of Idaho, that John and Barbara Clickner
has filed with the Zoning Administrator of the City of Meridian an application for a
Waiver from the Fence Ordinance regarding his/her property located at 1760
West Quiet Peak Street, Meridian, Idaho. The applicant proposes a (10) ten-
foot setback from property line along Watersong Way.
Comments, either for or against, said application must be filed within
fifteen (15) days after the initial publication of this notice and shall be addressed
to the Planning & Zoning Department, clo Sonya Allen, City of Meridian, 660 E.
Watertower Ln., Suite #202, Meridian, Idaho. If there are pertinent and
compelling objections filed within the time allowed, the Zoning Administrator may
schedule a hearing on the application.
The property at 1760 West Quiet Peak Street is more particularly
described as Lot 10 Block 7 of Watersong Estates, Meridian, Ada County, Idaho.
Any and all interested persons are welcome and invited to submit
comments.
Dated this 22nd day of October, 2004.
William G. Berg, Jr - City Clerk
PUBLISH 25th of October and 1st of November, 2004