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Carpender, Tiffany AUP ACCESSORY USE APPLICATION 1) Appl~cant I s name and address: lIPto...ltl\j Ctu--penc.ln.x' 10 If; U)VC)f'rmi IYI \ Jf'; Mer; din fI , 1 (). 8''3lo4 2. 2) Owner's name and address: \~(lm..L C-t..,.<.s CtPOLL ~C1v1U 3) Address of subject \\0 ~?1042_ property: kls? t l'W19{1 ()1r cL; flvl ~/Vt cl~ (un, I 4) Legal description of subject property: lAttach descr~pt1on if lengthy) LO'1" U- qOO iSloO$? : 1 () fSLor ~ S I Mr-;~I f) I A. kJ tvi I ~-'Q..OO>)O 100 f\A,q ~J ote --a 8 I 5) Attach a copy of proof of ownership deed: 6) S~ze o:f parcel or lot: !35 X 10-0 7 ) Present zone of parcel or lot: 12-4 8) Princi pal perm1 t ted use: .......-L...C\ \'\...o>.~ c\.a........o-o ''1_ \l. _' 9) Use made of all abutt~n9 lots or parcels: ^,~).c\p-X\(l)(' 10) Accessory Use requested and descr-ibe the use :, -\ J\ h0\'Y\.k. , I -t'l (1,.,.ij r ~"-;.... .\0/ ill Are there other accessory uses of a similar nature in the area? If so state the location and the accessory use: lln !\' /)1 ...D--1 ~~''hf-'' ) 14) 15) IE,) 12) Names and address o:f owners o:f all abutting land owners: (1:[ lengtl'lY attach a lot a:f owners and addr"ess*) (Abutting land include those across the street on alley and k1tty corner ~ncluding kitty carner where a street or alley is between your property and the other property): ~ q~c (\lttri{JIUcL 13) State any possible adverse ~mpacts on adjacent property such as no~se, traffic, excess light, odor, etc. ~~O Do you agree to pay increased sewer, water ar trash :fees i:f such are required due to increased use?lf~ Has the fee of $80.00 been attached heretO?-1jt~ Ii the accessory use includes construction of a build~ng on the lot or- par"cel cClmplete the :follclwing: tJ /A Will all parts o:f the ace ssory building -thin the lot or parcel? b. building- already c. d. Will yard e. Will the required f. If in the rear uilding CICCU less than 4Q)Y. oj.,,_ the :for the primary tructure? \....--"l\-LJ g. cles the heighth CI:f the accessclry bU11dJ.ng :f eet ? L./""h.. J.J h. Ii the lot or parcel 1S zoned commercial~ is any abutting property zoned resident~al and i:f so~ will the accessory use occupy any o:f the front yard? ~t\ 17. If the accessory use is for a Family Child Care Home; complete the following: q a. Is a State of basic day care license required for this type of your license.l/\ . j Wi '~ , ff .....U) / ,"I.. I ^--fY\.~1-. ~) ~ 0--. (~- ISJ-.f-. -}~KVlC(,1 Kave you applied for or received ~d6c~ancy permit? ( If so attach a copy of your application or permit.~~ b. c. Is one off street parking space per employee prov1ded? , ...\. D ..tl...-/..V home ~s located on an arterial or collector is an off street child pick-up area provided?__ f\A. d. If the street Is screen~ng of adjacent properties prov~ded? '-/~ 1'1 ~.1 j f. Is the play area for the children fenced from streets and neighbors? If so what is. th~ fence t::!.e.:i-gf,tt and typE' of construct~on'? Lf-CV ) R. t.l-Lf __ tA.Jv~ 18. If the accessory use is for a home occupation. complete the fOllowing-: a. b. kre only res~dence? members residing in the principal Is the use of the residence incidental and subordinate to its L~ as a home use as a occupation residence? c. Will the home occupation use more than 25% of the floor area of the dwelling? ~~~ I ( d. Will any item be offered for sale that is not produced by the dwelling occupants of the premises? ~ ~t~~ e. W~ll electrical or mechanical equ~pment be installed other than such as is customar~ly incidental to domestic use? .... ~ f. parking requirements be met ':\. --^1(----I\ g. Will h. W~ll equipment or processing create noise, vibrations, glare, fumes, odor or electrical interference detectable to normal senses off the lot or parcel? ~ i. Will the dwelling be altered or the occupation conducted which would cause the premises to differ from its residential character? If so, how? ~..c 19. Regardless of the type of attach a drawing showing structures located on the of the use. In location: ' accessory use applied for, please the boundaries o:f the property, property and the proposed location Family Child Care Home include s DA Y OF ,'"-) ort~ fr{l{>-eJu 't fhit;..rri rf?fL(>>/Y1d J1...v . lfla DATED THIS STATE OF IDAHO) ss. COUNTY OF ADA ) 0'0-- ~ On this 6 day of ~ me, the undersigned, a tary ublic in personally appeared known to be to be the per within instrument and executed the same. and , 19 7'6 :for said before State, names are subscribed to the to me that (he,she,they), IN WITNESS WHEREOF, I have hereunto set my hand and affixed my oific~al seal the day and year in this cert~:ficate i1rst above '\>n....i t t.en. <SEAL) ~.~<~~ NOTARY PUBLIC FOR ..I4JAHCI .I RESIDING AT ~-&tdg,~. ,,"/d. ~.~. s-,/ohs-- (~ 1 p ~ .J ~ ~ 3 ~ j) .\ .----. - 5J \ ~ .~ ~ c-' .... ....J <--t- ~ , ~ Vj).. 1" (lj{.(!/ Cllu/;'(/ i <it!" If. . ",,7 ;/j 1 {;q.:> 1-(:''1t$fiA,(...f--: ,(1//( r, . h Y;7)/l/4ta/n~ ...}O !0t;~1:<. .-. . U12l1~ y' ,jobAC "111. (rl'p.1 ~& 7 Ivt]~~fL~{( Ifi. 1Ir~utWvJt' / Jl{) t3ltV/-.. , . ., .., /1 i,/L 'f-: l;,L-i- J4lv..- ~C2'-- p .I"'.' II, .../' i'~ ...A......h'l.?t&.> tG: M(' . ". 1Jruz~L uLJv' I ,JlD S~~&)C/ R. fl.a, JL. y- &-LL tUY./v{L;-/ ,)93 ,.lt7r'(fifJ-/l-cL &/l' Y11j~LLLd~-1~/j ~O ,<;'~L/!x ? , it..,l/{,} UZf!j~LI/Ld.- b)-. I C - - il c"" '/.- 7(fJutL vr" ;JO g-3/.r!.f;;;, ..-, ~ " ? f .~ ~.II · ! .~:lt1fc11. ~., :f( f".kd..ta r~! ~ J06/1".i, '( u Lf ( . ':l)~bn YIi pY0 ~,l LC;;( (01-... ( ~$J 8?J.r5/~ ~ ,,) d ...:J -> ~ .\ .~ :j ~ "'" -,.J ,,-'\ \ If " J lSpotc Abovc Thl. Linc For Recording Onlnl FIlA Cn.e No. Slate of Ilhlho DEED OF TRUST 121-1047734-748 THIS DEED OF TRUST ("Security Instrument") is made on JANUARY 29 The grantor is BLAIR R. CARP ENDER AND TIFFANY L. CARPENDER, HUSBAND AND WIFE ,19 90 ("Borrower"). The trustee is SECURITY TITLE COMPANY OF IDAHO ("Trustee"). The beneficiary is AHERICAN MORTGAGE OF IDAHO, INC., AN IDAlIO CORPORATION which is organized and existing under the laws of IDAHO , and whose address is 5257 FAIRVIE\~ AVE., SUITE 180, BOISE, IDAHO 83706 ("Lender"). Borrower owes Lender the principal sum of FIFTY FIVE THOUSAND SIX HUNDRED EIGHTY EIGHT AND 1'10/100------------------------- Dollars (U.S. $ 55> 688.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on FEBRUARY 1, 2020 . Tltis Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest, advanced under paragraph 6to protect the security of this Security Instrument; and (c) tlte performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with the power of sale, the foHowing described property located in ADA County, Idaho: LOT 10, BLOCK 5, MERIDIAN MANOR NO. 3 SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 46 OF PLATS AT PAGES 3780 AND 3781, RECORDS OF ADA COUNTY, IDAHO. "REFERENCE tIS HEREBY MADE TO THE ADDENDUM (IRA) TO DEED OF TRUST WHICH IS INCORPORATED HEREIN FOR ALL PURPOSES." which has the address of Idaho 83642 618 LaNGFORD, MERIDIAN [ZIP Codol, ("Property Address"); [Slreet, CitYI. TOGETHER WITH all the improvements now or hereafter erected on the property, and aU casements, rights, appurtenances, rents. royalties, mineral, oil and gas rights and profits. water rights and stock and all 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 COVENANTS that Borrower is lawfuHy seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Properly is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the tilte to tlte Property against all claims and demands, subject to any encumbrances of record. 1. Payment of Principal, Interest and Lllte Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and Illte charges due under the Note. 2. Monthly Paymcnts of TllXCS, Insurance ilnd Otller Charges. Borrower shall include in each monthly payment, together with the principalllnd interest as set forth in tile Note and any late charges, an installment of any (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground tents on the Property, and (cl premiums for insurance required by paragraph 4. G~-4FtlDI "'""' Page J oj 4 VM? MOnTGAG~ FORMS . 13131~93.8100 . 1900192'.1291 FilA Idabo Deed of Trust. 6/89 . Each rllolHhly instaHmclll for items (ill, (b), and (c) shall equal one.lIvclfth of the annnal amollllts, as reasonably cstimated by LCllrkr, plus an amount sufricient to mailHain an additional balance of not more than ('ne-sixth of the esthlUl(ecl amounts. Yhe full annnal amollllt for each item shall be acclllllulatpd by Lwder within a period cnding one month before an item would become delinquent. Lender shall hold the amounts collected in trust to pay items (a), (b), and (el before Ihey become dclinquent. If at any time the total of the payments held by Lender for items (al, (il), and (d,togethcr with thc future monthly paymcnts for such ilcms payable to Lender prior to the due dales of such items, exceeds by more than one-sixth the estimated amount of paymcnts required to pay such items when duc, and if payments onlhe Note arc current, thcn Lender shall either refund the excess over one-sixth of the estimated payments or credit the excess over one-sixth of Ihe estimated paymetlls to subsequent paymelllS by Borrower, at the option or Borrower. I I' the total of the payments made by Borrower for item (a), (b), or (c) is insufficient to pay the item when due. then Borrower shall pay to Lender any all10unt Ilecessary 10 llluke up the del1ciency on or before the date Ihe item becomes due. As used in Ihis Security InstrUl11enl, "Secrelary" means the Secretary of I'lousing and Urban Development or his or her designee. Most Security Instruments insured by Ihe Secretary arc insured uuder programs which require advunee payment of Ihe entire morlgage insurance premium. If this Security Instrument is or was insured under a program which did not require auvance puymcm of the entire mortgage insurance premium, Ihen each monthly payment shall also include either: (i) an installment of the anlHral morlgage insurance premium to be paid by Lender to Ihe Secretary, or (H) a mOllthly charge instead of a marlgage insurance premium if this Security Instrumenl is held by the Secretary. Bach monthly imluthnenl of the mortgage insurauce premium shall be in au amount sufficient 10 accumulate the full annual morlgage insurance premiulll with Lender one mouth prior to the dute the full annual mortgage insurance premium is due to the Secretnry, or if Ihis Security InstrUlllent is held by the Secretary, e;\ch monthly charge shall be in an amounl equal to one-twelfth of one-half percent of the outstanding principal balunce clue on Ihe Note. If BorrolVer lenuers to Lcnder Ihe full payment of all sums secured by this Security Instrument, BorrolVer's account shall be credited with the bulance remaining for all installments for items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lemler shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installmenls for items (a), (b), and (c). 3. Applicfllion or \'lIymenls. All payments under paragraphs I and 2 shall be applied by Lender as follows: First, to thc mortgage insurance prcmium (0 be paid by Lcnder to the Secretary or to the monthly charge by the Secretary iustead of the monthly mortgage insurance premium, unless Borrower paid the entire mortgage insurance premium when this Secmity Instrument was signed; Second, 10 any taxes, special assessmenls, leasehold payments or ground rents, and fire, l'Iood and other hazard insmance premiums, as required; Third, to interest due under the Note; Fourth, to amortization of the principal of the Note; Fifth, 10 late charges due under the Note. 4. Fire, Flood and Other Hazard \nsllfUnec. Borrower shall insure all improvements on the Properly, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintaincd in the amounts and for the periods that Lender requires. Borrower shaH also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a rorm acceptable to, Lender. In tile event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, inslead of to Borrower and to Lender jointly. All or any part of the insurance proceeds lIlay be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in Paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in Paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Notc and this Security Instrument shall be paid to the entity legally entilled thereto. In Ihe event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in fOrCll shall ~ass to the purchaser. S. \'resllrvalioll :md Maintell\lIIee of Ihe rroperty, Leaseholds. Borrower shall nol commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the properly if the property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vaeant or abandoned property. If this Security Instrument is on a leasehold, Borrower shall comply with thc provisions of the lease. If Borrower acquires fee title (0 the Property, the leasehold and fee titlc shall not be merged unless Lender agrces to the merger in writing. 6. Charges 10 Dorrower and Prolcclion of Lender's Hlghts In Ihe Property. Borrower shall pay all governmental or municipal charges, fines and impositions that arc not included in Paragraph 2. BOHower shall pay these obligations on lime directly 10 the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by Paragraph 2, or rails to perform any other covenants and agreements contained in this Sccurity Instrument, or there is a legal procecding that may sigllifiealllly aCfect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Properly and Lender's rights in the Property, including paymenl of taxes, hazard insurance and other items mentioned in Paragraph 2. Any amounls disbursed by Lender under this Paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable, 7. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or ror conveyance in place of condemnation, are hereby assigned . 'and shall be paid to Lender 10 thc exlenl of the full amount of the indebtedness that remains unpaid under Ihe Note and this ; Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security rii"Urst to any delinquent amounts applied in the order provided in Paragraph 3, and then to prepayment of principal. . \,~"l~';'i' .~.... Page 2 QI4 Any applicmion of the proceeds to lhe principal s arc referred to in Pnragrapll 2, or change the am pay all outstanding indebtedness under the Note . :,',' 8. Ilecs. Lcnder may collect fees and charg n~:~I1'e:~iie'ihlte of the morilhlY'piiymentsi1whlch, ny excess proceeds over an amount required to ;shall be paid to the entity legally entilled thereto. ~". r., 0-"1 tary. 0"',) '. 9. Grounds for Acecleralion of Debt. ., t1.:,f!' (11) DefuuU. Lender may, except as limi! 'fthe Secretary in the case of paynlent defaults, require immediate paymelll in full of all sums seeur' urity Instrument if: '~l~41\=1~'1 lt11' :" ~ (i) Borrower defauhs by failing 10 payJn;.. . , onthly payment required by this Security Instrument prior to or on the due date of the next month!Y:ea:~.pe~f;I.~~: .',' (ii) Borrower defaults by failing, for ~{Jefi~d'$nhjhy' days;'th p'erform any other obligalions contained in this Security Instrument. " 'Yf"YlIf)"'\!,', .,' : .' ,/i.,q{n:t~;.t:;l ~ '" (b) SMe Wllhuut Credit Approval. Lender,shall;'ivith the prior approval of the Secretary, require immediate paymcnt in full of all the sums secured by this Se~udty. Instrument if: (i) All or part of the Property is sold or otherwise Iransferred (olher than by devise, descent or operation of law) by I he Dorrower, (ii) The sale or other Iransfer is pursuant to a contract of sale (or by deed. if there is no contract of sale) executed no lalcr than 12 months (24 months if the Property is not the principal or secondary residence of the Borrower) after the date on which this Security Instrument is execU!ed, aud (iii) The credit of lhe purchaser or grantee has not been approved in accordance with the reqlHrements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights Wilh respect to subsequent events. (d) Regulations of IIUD Secretary. In many circumstances regulations issued by thc Secretary will limit Lender's rights in the case of paymeut defaulls 10 require immediate payment in full and foreclose if nOI paid. This Security Instrument does not authorize acceleration or foreclosure if not permilled by regulations of Ihe Secretary. 10. Heinstalcmenl. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure LO pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings arc institllted. To reinstate the Secmity Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and cllstomary auorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Inslrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in 1'1111. However, Lender is not required to permit reinstatement it': (i) Lender has accepted reinstatement after thc commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ifl reinstatement will preclude foreclosure on differelll grounds in the future, or (Hi) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11, norrower Nol Hclellsedj Forbearance Uy },ender Nut a WaIver, Extension of the time of payment or modification of amorli~alion of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operatc to release lhe [iilbility of the original Borrower or Borrower's successor in interest. Lender shall not be required to commcnee proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this SecurilY Inslrument by reaSOn of any demand made by the original Borrower or Borrower's Slu:cessors in interest. Any forbearance by Lender in exercising any right or remedy shall nol be a waiver of or preclude the exercise of any right or remedy, 12. Successors and AssIgns Bound; Joint and SeverAl Liabilily; Co-SIgners. The covenants and agreements of this SecuritY Inslrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisiOns of paragraph !I.b. Borrower's covenants and agreements shall be joinl and several. Any Borrower who co-signs this Security Instrument bUI dOes not execute the Note: (a) is co.signing this Security Instrument only to mortgage, grant and convey that Borrower's intcrest in the Propeny under the terms of this Security Instrumentj (b) is not personally obligated 10 pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Horrower may agree to extend, modify, forbear or make any accommodations with regard to the term of this Security Instrument or the Notc without th~t Borrower's consent. 13. Notices. Any notice to Borrower provided for in this Securily Instrument shall be given by delivering it or by mailing il by firs! class mail unless applicable law requires use of anothermelhod. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph, ]4. Governing Law; Severnbility. This Security Instrument shall be governcd by Federal law and the law of the jurisdiction in which the Property is localed. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such connict shall nol affect other provisions of this Securhy Instrument or lhe Note which can be given effect without the Connicling provision. To this end the provisions of Ihis Security Instrument and the Note are declared \0 be severa ble, 15. Ilorroll'er's Copy. Borrower shall be given one conformed copy of this Secnrity Instrument. 16. Assignment of Uellls. Borrower unconditionally assigns and transfers to lender all the rents and revenues of Ihe Property. Borrower authorizes Lender or Lender's agents 10 collect the renls and revenues and hereby directs each tenant of the Properly to pay the rents to Lender or Lcnder's agents. However, prior to Lender's notice to llorrower of Borrower's breach of any covenant or agrecment in the Security Instrument, Borrower shall collect and receive all rents and revenues of thc Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach 10 Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of lender onty, 10 be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of Ihe rems of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid 10 Lender or Lender's agent on Lender's wrillen demand to the tenant. Borrower has not executed any prior assignmem of Ihe rents and has not and will nOI perform any ael that would prevent Lender from exercising hs rights under this paragraph 16. Lender shall not be requireJ to emer upon, take control of or maintain the ProperlY before or aftcr giving notice of breach 10 Borrower. However, Lender or a judicially appointed receiver may do so at any timc there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property sllallterminalc when lhe debt secured by the Security Instrument is paid in full. NON-UNIFORM COVENANTS. Borwwer and Lender ,further covenant and agree as follows: n. Foreclosure Procedure. If Lender requlres'lmmedlllte payment In full under paragraph 9, Lender may invoke the pGWt Gf sale and any Gther remedies provided in this paragraph 17, Including, but not limited to, rcasonable attorneys' fees 111\ costs of /llle evidence. If Lender invGkes Ihe power or sale, Lender shall execute or cause Trustee to execute wrillen notice of the oecurrenc of IIn cvenl of dcflll\lland of Lender's election to cause the Properly 10 be sold, Ilnd shall cause such no lice to be recordei in each connty in which Ilny parI of the Property Is locllled. Lendcr or Trustee sholl mail copies of the notice us prescribel by applicable law IG Dorrower and to olher persons prescribed by npplicable law. Trustee shull give public notice of sale It the persolls nnd in IIle manner preserihed by applicable low. After Ihe lime re1luired by u\lpliCllble \lIlY, Trustee, wllhoul dellll\lH on Borruwer, shnllsellthe !>roperly lit pUblic auction to the hlghesl bidder IIllhe time llnd place llnd under the Ifrms dcslgnule( In Ihe noliec of sule In one or more parcels ond in any order Trustee delermines. Trnslee may poslpone sale of all or any puree] of the Property by public announcemenl at the lime and place of ony previously scheduled sale. Lender or its designee mil) pllrchosc Ihe Pro perty at I1ny sate. Trustee shall deliver 10 IIle pllrehaserTrustee's deed conveying the Properly wHllGlllllny co'/enanl or warrnnly, expressed or Implied. The recllols In the Trustee's deed shall be prima fllcle cvldenee of the trulh of the statcmenls mode lhereln. Truslee shull apply the proceeds of the sale In the following order: (II) to all expenses of tIle sale, including, but nolllmlted to, rensonable Trustee's nnd ullorneys' fees; (b) 10 1111 sums secured by Ihls Security Instrumenl; nnd (e) nny excess to the person or persons legally entllled 10 II. 16. Reconveyunee. Upon payment of aU sums secured by Ihis Security Instrument, Lender shall request Trustee to reconvey Ihe Property and shall surrender this Seeurity Instrument and all noles evidencing debt secured by this Security Instrument 10 Truslee. Trustee shall reconvey the Property without warranty and without charge to lhe person or persons lcgally entitled to it. Such person or persons shall pay any recordation costs. 19. Subslltllle Trustee. Lender may, for any reason or cause, from time co time remove Trustee and appoint a successor truslee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title, power nnd duties conferred upon Trustce herein and by applicable law, 20. Arca and Locution of Properly. Either Ihe Property is not more than twenty acres in area or Ihe Property is localed within an incorporated city or village. J Hiders to Ihis Seeurity Inslrumenl. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreemenls of this Security Instrument as if the rlder(s) were in a part of this Security Instrument. (Check npplicablc box(es)) o Condominium Rider 0 Adjustable Rale Rider 0 Growing Equity Rider o Planned Unil Development Rider 0 Graduated Payment Rider [i] Othcr BY SIGNING BELOW, Borrower accepts and agrees 10 the lerms contained in this Security Instrument and in any rider(sl executed by Borrower ami recorded with it. Witnesses: ~A? ~~ (Seal) BLAIR R. CARP ER -BOHOW" I 1 d j,p. ~/111!j(dYU (,..1) - TIIlF Y L RPENDE . .Borrower (Seal) ..DotIDW,et "0.' (Seal) .Borrowl::r ,,!flgd oh STATE OF IDAHO, ADA " . County ss: ~ this 30thh c\(dayof, Japuary ,19 90 ,before me. '..jD-\c.:e.. L. \. o-\-+~ r tV , a'Notary Public in and for said county and scate, personally appcllred BLAIR'R. CARP ENDER AND TftFFANY L. CARP ENDER 1\\Ut"Hgc. known or proved to me to \W")~.p<<hqnt$)-.....ho executed the foregoin!! instrumellt. and llcknowledged to me that t he Y execut~e,,'ll.lnte.' ',- '.", , In witness whereof ~1a"V~!n'~:fllnto set my hi~d and affixed my official seat the dllY and year jn thi certificate first above wntten. .t-""i~gl <:: : ~. ~~_}~\_ ~c' I" '," \i:j;~;.~ ,: TO TRUSTEE: The undersigned is Ihe holder of the note or notes secured by this Deed of Trust. Said note or notes, together with all olher indebtedness secured by this Deed or Trust, have been paid in full. You are hereby directed to cancel said note or notes and Ihis Deed of Trust, which are delivered hereby, and to reconvey. without warranlY, all the estate now held by you under . this Doed of Trust to the person or persons legally entitled thereto. .Dale: ~.__""'~I . J I ~rv..." _ "':'IHA Folm MRB-D12 (2189) IHA ADDENDUM TO DEED OF TRUST . ~-'\, "."i. .. ;} ;'1 . This Addendum to Deed of Trust (herein "Addendum") Is hereby Incorporated Into and made a part of the attached 01 of Trust (herein "Deed of Trusr) dated the date hereof among the Trustee, the Beneficiary (herein "Lender") and the undersigned Trustor (herein "80rrower"). The rights and obligations of the parties to the Deed of Trust and the Note secured by the Deed of Trust (herein "NoteH) are hereby made subject to the provisions of this Addendum. In the eVE any conflict between the provisions of this Addendum and the provisions of the Deed of Trust or Note, the provisions this Addendum shall control. ~1~ ~ 1. Borrower understands that the loan (herein "Loan") secured by the Deed of Trust is being financed with funds obtained for public purposes through the sale of tax exempt bonds by the Idaho Housing Agency (herein "Agenc) and that all the agreements and the truthfulness of all statements of tact and intention in the affidavit (herein "Borre Affidavit") executed by the undersigned and the loan Application are necessary cond~ions for the granting ot the Loan. Borrower acknowledges that the Loan will be purchased by and assigned to the Agency, that the Agency h, issuoo its Bonds pursuant to state law, and pursuant to Section 143 at the Internal Revenue Code ot 1986, as amended (the "CodeH), in order to provide funds for the purchase of such Loan, that the interest rate for the Loan j lower than the marKet rate as comparable to mortgage loans not purchased by the Agency, that the lower interest r. results from the Inlerest on such Bonds being generally excludable from the income of the recipients thereot tor federal income tax purposes, and that such exe1usion requires compliance by the Borrower with the requirements ( Section 143 of the Code, including without limitation, certain restrictions on the transfer and use at the residence which is subject to the Deed at Trust and restrictions upon the assumption of the Note and Deed of Trust by any purchaser of the residence trom Borrower. 2. Borrower agrees that Lender or its assignees (including the Agency) or the servicer of this Loan may declare all sums secured by the Deed of Trust to be Immediately due and payable and may exercise any of the remedies provided tor In the Deed of Trust if: (a) all or part of the property secured by the Deed of Trust (herein the "Property") is sold or otherwise transferr (other than by devise, descent or operation at law) by Borrower to a purchaser or other transferee: (i) who cannot reasonably be expected to occupy the property as a principal residence within a reasonable time after the sale or transfer, all as provided by in Section 143 of the Internal Revenue Code; or ...... (ii) who has had a present ownership interest in a principal residence during any part ot the three-year perle, ending on the dale of the sale or transfer, all as provided in Section 143 of the Internal Revenue Code; or (Hi) at an acquisition cost which Is greater than the maximum permitted under Agency regulations or greater than 90% ot the Average Area Purchase Price (greater than 110% for targeted area residents), as provided i Section 143 of the Internal Revenue Code; or .' , ' (iv) who has an income in excess of that permitted by Section 143 01 the Internal Revenue Code or that established by the Idaho Housing Agency under its applicable regulations or program guidelines In effect on the date of the sale or transler; or (b) Borrower fails to occupy the Property as his principal, single family residence without the Agency's priorwrittE consenl; or (c) Borrower omits or misrepresents a material fact in an application for this Loan or in his Affidavit or fans to abide by any statements contained therein; or (d) The Property is used as a recreational home or more than 15% ot the total area at the Property Is used primari in a trade or business; or (e) The Deed of Trust or Note is assumed without the prior written consent of the Agency. 3. Borrower understands thai the occurrence of anyone or more of the events described In paragraph 2 above may result in the disallowance of Borrower's Federal income tax deduction with respect to interest on the Loan. 4. Borrower agrees to notify Lender or the servicer of the Loan and the Agency of the occurrence of any event .-' described in paragraph 2 above within 30 days of such occurrence. " j . Borrower understands that the' eements and statements of fact containe the Affidavit are necessary' , condlHons for the granting of this Loan. 6. References are to the Code in effect on the date of execution of the Note and Deed of Trust. and are deemed to Include the implementing regulations. ,c~-.. " i~Jc;~: ~i!~t~ . NOTICE TO BORROWER ,- This Addendum substantially modifies the terms of the Deed of Trust and Note. Do not sign it unless you have read and understood it. I have read and understand the foregoing and hereby consent and agree to the modifications of the terms of the Deed of Trust and Note which are contained in the Addendum. DATED this 30th. day of January STATE OF IDAHO ss County of A D A On this 30th. day of January ,19 90 . before me, the undersigned, a Notary Public in and for said State, personally appeared BLAIR R. CARPENDF.R AND 'l'TT<'T<'ANV T ;~* I known to me to be the person(s) whose name is (are) subscribed to the within instrument, and acknowledged to me that t_he-y- executed the same. "~*<CARPENDER- IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year written. ,,, \ II $'" J t'l, L. .;,,\ \ 'C A .,-,~~ ....'..... ........ ...-~ J:: ':; .;::-- ~.. 't..... _ .;::- J";,. ~"''''''-1 \..; ._t.:.oO~~OG~~7J:t-.l ~ ~ - . . ,., -r Il ,'....j).. :: () ,!' C' l ".1 ^ ')~ .A':;' = -J (':~ ,,",.....1 ~r ~ ~~ ~i _ r... ~.~ . ......-. ~ J,. ~ ~u { ~. c~ ~ ..~) ~ ~~ ~ _ '1 " _', ,.. 8 ..~ .. -:. \~ /. \.)~:: _ ..... (:) ......~ I \ t.) ... ~ u~. "::'.:-, u \ _' ('>"l.,<~ ....... ............... /'~ o:-~..\}'?I;,!- ":.'L~~. "'. >.',.... .\~,> ", . I r:: -}' - ,. " /il.,r,l.;. (, r ' ~ l\~'~ 1.'nnlP~. ~f;~V; ~;h-~ \; ~!2:: (Seal) -93 lHA Fonn MRB-012 (4/BS) ~:).~~) ~~, [ r.,... .~. ,~".':\i~:~l"::::~.:;"':':k:";;,,;{~~'.\,,,;';.i<~', ~.;;'::",iy.~j\1f.;'~s:<;r"I.~,i"~,,,,:i,,:,;.~\(\\",:;~..h~,,;~. r I ( ~ I HUB OF TREASURE VALLEY OFFICIALS JACK NIEMANN, City Clerk JANICE: "ASS. Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR.. AlIorney EARL WARD. Wasle Water Sopl. KENNY BOWERS. Fire Chief BILL GORDON. Police ChIef GA RY SM ITH. City Engineer A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning & Planning JIM JOHNSON October 5, 1992 ~rs. Tiffany Carpender 618 Longford Drive Meridian, Idaho 83642 RE: Accessory Use Permit Dear Mrs. Carpender, The time period under the Ordinances of the City of Meridian for filing any objection to your request for an accessory use permit for a Family Child Care in your home at 618 Longford Dr., Meridian, has expired and there were no objections received by the City of Meridian, therefore under provision 2-410-D-2 of the Ordinances of the City of Meridian your request for an Accessory Use Permit for a Family Child Care is hereby granted. Sincerely, --.. (/~~ ..... " pO . "J'ac.. -Ni man U~ Zon .';9 'AOm 'nistrator Ci'l~ of Meridian, ID. i I i pc: Fire Department September 28, 1992 Mr. Jack Niemann Zoning Administrator City of Meridian 33 East Idaho street Meridian, ID 83642 Dear Mr. Niemann: We would like to give our approval to Tiffany Carpender located at 618 Longford Drive, regarding a application for an Accessory Use Permit for the operation of a Family Child Care out of her home. We live at 635 Longford Drive, which is just across the street from her home. We don't feel a day care in her home would pose any problem to our home nor our neighbor. As we all know in Meridian there is a shortage of day cares in our community and we believe this would only be an asset. SinCerely,3~~ o~ C\~ Bill & Alice Allen cc: Tiffany Carpender /7c52J/?L- Q/2S/9cX NOTICE OF APPLICATION NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that TIFFANY CARPENDER has filed with the Zoning Administrator of the City of Meridian an Application for an Accessory Use Permit for ~he operation of a Family Child Care out of her home at 618 LONGFORD DRIVE Comments, either objecting or approving, said Application must be filed with the Zoning Administrator within fifteen (15) days after the publication of this notice and shall be addressed to Jack Niemann, Zoning Administrator, City of Meridian, 33 East Idaho Street, Meridian, Idaho. If there are objections filed within the time allowed the Planning and Zoning Commission shall hold a public hearing on the Application, after proper ndtice, and may grant or deny the Application, after making and adopting Findings of Fact and Conclusions of Lawa The property at 618 WNGFORD DRIVE is more particularly described as wr # 10, ELK 5, MERIDIAN'MANOR SUB. # ~ Meridian, Ada County, Idahoa Any and all interested persons are welcome and invited to submit comments. DATED this 9th day 0 f SEPTEMBER 19 -92- ~~ d. . ~- - .K N r FM 1\J r T TV r! C"OLJ , . tJil1" (lire;. {llv//(/ (;6$ /f'1~A.cI~ iJi r. .YifJA/4.(A/!?; Q..jo !df.;f:< -, . Ultl I~ ': ,~9{~ JUG '1Y[ (Y1"fP!.IJ (Pl~ 7 Ivj;Vl~ft.~(L 1ft', 7lf,"uiitvrL; ..5b t3idR , . .'\ ,'" '!~ 11['L!i.. I"~ 1..I'i.... Lf ? I :)~ fJ; w J , l___tL'!-v , u.. v,-, 59~ ,,{h..L'fft.:I.2et Mi. , . '1l~uLIL/ I.JD S?$IJI!J. fl.a lL- y- &-LL ,~.ilCA..AJ--I-! ..)'1,'5 '. Lttl(f/~-d. JJ/~. . YYf\..ui tif;1~/ j J) 0 S3 ill;), .J } } C-,' '7: ~ E I) zbe.~' ~ --r ), ~/-. u,cflf) UfU)/;tJc.-f!L jf;)J,-. '7(.fh-/-cL'{;;(/rL / 30 Y!j(J'Y:J, ..1,<:) z, f J~.-J }1 Pb~);- , ~ ~. (J . i ::Ltitt11,. ~ 07" /' ?( !J.~1\-, $J' c,-jU!/;J, ~ }01~'~ ~ :~~~ ~i :' . , v L;4 { . ,f)~/5'tp'n tfA ~ y~ ~,L L d Let '^-, ,~$J ,>f:'Y-t:5/;Z -:'~ ,'v'" -; _'D f i ... hi ..s. NOTICE OF APPLICATION NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that TIFFANY ~&IDER has filed with the Zoning Administrator of the City of Meridian an Application for an Accessory Use Permit for the operation of a Family Child Care out of her home at 618 IDNGFORD DRIVE Comments, either objecting or approving, said Application must be filed with the Zoning Administrator within fifteen (15) days after the publication of this notice and shall be addressed to Jack Niemann, Zoning Administrator, City of Meridian, 33 East Idaho Street, Meridian, Idaho. If there are objections filed within the time allowed the Planning and Zoning Commission shall hold a public hearing on the Application, after proper ndtice, and may grant or deny the Application, after making and adopting Findings of Fact and Conclusions of Law. The propert y at 618 IDNGFORD DRIVE is more particularly described as LOT # 10, BLK 5, MERIDIAN~OR SUB. # ~ Meridian, Ada County, Idaho. Any and all interested persons are welcome and invited to submit comments. DATED this 9th day 0 f SEPTEMBER 19-22- ~RK