Masson, Ross & Jennifer•
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to 11-9-605 J. 10. of the
Revised and Compiled Ordinances of the City of Meridian, that
the Fence Variance Committee of the City of Meridian will hold a
public hearing at the Meridian City Hall, 33 East Idaho Street,
Meridian da at the hour of 4:30 o'clock P .m., on
pcTpgFg 99 2, for the purpose of reviewing and
considering the Application of ROSS & ~vNIFERr~ssON
for a variance from the Meridian Fence Ordinance at the
property legally described as follows: Lot' # 14 BLx. #4,
GE~I F..~.RK SUF3D:"JISION # TI:
and known by the address 1437 E. ~rourmaline
The Applicant proposes to construct a f ur (4) `)
Foot side fence instead of three (3); See drawing attached
The public is welcome. Testimony, objections, and comments
will be heard and considered by the Committee.
A written decision of the Committee will be issued to the
Applicant and any person requesting in writing a copy of the
decision will be furnished one.
Ok
• •
Any aggrieved party may appeal the decision of the
Committee dirzctly to the Meridian City Council pursuant to
Section 11-2-416 G.1.
DATED this 4th day of S~~tember 199 2
c~,.~
JACK NIEMADI'N,
Z NING A INISTRATOR
CITY OF MERIDIAN
33 E. IDAHO MERIDIAN, ID 83642
FENCE VARIANCE APPLICATION
(RE: Meridian Zoning Ordinance)
APPLICANT NAME: ~OsS s ,,,~ n r> ~ i- e~ (~ ~ ~ ~-'~ PHONE ~~~ ~ y / Z z.
ADDRESS : r x--13 7 c" . i oyr m H c , r~
OLVNERS NAME & ADDRESS: (If different than above)
PROOF OF OWNERSHIP: (COPY OF DEED OR OPTION MUST BE ATTACf~)
LEGAL DESCRIPTION OF PROPERTY: IIJT# I~- _BLK #
sUBDTVISION ~ ~ m {~r~ r ~ ~-
PRESENT USE & ZONING OF PROPER'L'Y QF c; ; l7e ~j t , ~ L
SCtffi~TIC DRAWING: A~:~ACH DRAWING SHONTIl~TG BUILDINGS , STREET'S & PROPOSED FENCE
SURROUNDING PROPEI~I'Y OWNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERTY
OWi~]II',S (FROM! ALJ?I]ENT.T.C TF.~ R~ORrS OF ADA COUNTY) WITHIN TWO HUNDRID (2001
FEET OF THE ~'~vAr. BOUNDRIES OF THE LAND BEING CONSIDERID:
DESCRIPTION OF REQUIREMEN'T'S OF THE ORDIlVANCE THAT NEID TO BE REDUCED 'I'O
PERMIT THE PROPOSID FENCE : ~e Q ~' ~ S 1` A ~-/ ~ .S; I] ~ -~~ r1C ~'_
~'-~.Slf'~'c? d a~ 3
G
ATTACH APPLICATION FEE OF $ .~j0 ~
ATTACH STATEMENT THAT FENCE IS AI~L~04VID UNDER THE RESTRICTIVE COVENANTS OF THE
SUBDIVISION OR A COPY OF THE RESTRICTIVE COVENANTS PERTAINING TO FENCES:
APPLICANTS SIC~QATURE: c~
DATE RECEIVED
COMMITTEE HEARING DATE
RECEIVID BY
~ •
DEED OF TRUST
PHA CASG NO.
STATI; Or IDAHO
121:1210085-703
_ THIS DEED OF TRUST ("Security Instrument") is made nn MARCH 10, 1992
T7rc grantor is ROSS M. MASSON AND JENNIFER E. MASSON, HUSBAND AND WIFE
("Borrower").
T'he trustee is PIONEER TITLE COMPANY OF ADA COUNTY
("Trustee").
The beneficiary is ROCKY MOUNTAIN MORTGAGE, INC.
wlliclt is organized and existing under the laws of THE STATE OF IDAHO
and wlrose address is 410 S. ORCHARD, SUITE 184
BDISE, IDAHO 83705
("Lender"). Borrowerowes Lender the principal sum of
------ EIGHTY-FOUR THOUSAND EIGHT HUNDRED FOUR AND NO/100 --------------------
Dollars (U.S. S 84 , 804.00 ).
Tltis debt is evidenced by borrower's note dated the same date as this Security Instrument ("Note"), which provides for
monthly payments,willTthefullclebt,ifnu.ITaidearlier,dueandpayableon APRIL 1, 2022
This Security Inslrunuut secures to Lender. (a) the repnyment 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 parogrnph G to
protect the Security of lids Security Instrument; and (c) the performance of borrower's covenants and agreements under
this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, wish
power of sale, the following described property located in ADA 'County, Idaho:
LOT 14 IN BLOCK 4 OF GEM PARK SUBDIVISION N0. 2, ACCORDING TO THE OFFICIAL
PLAT THEREOF, FILED IN BOOK 59 OF PLATS AT PAGES 5739 AND 5740, RECORDS
OF ADA COUNTY, IDAHO.
wlticltltastheadclressof 1437 E. TOURMALINE STREET MERIDIAN
ISlrccll ICiIYI
Idaho 83642 ("Property Address");
t7_ip Codel
TOGETHER WITH all the improvements-now or hereafter erected on the property, and all easements, 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 Instnnnent. All of
the foregoing is referred to in this Security Instrument as the "Property."
DORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to grant
and convey Ute Property and that the Property is unencumbered, except for encumbrances of record. Borrower warcants
and will defend generally the title to the Property against all claims and dclnnnds, subject to any encumbrances of record.
H ?/91
FIIA IDAI10 DEEU OP TRUST NCR f P~+R term Intn Rn+lnne 1'ann. Inr. ^
ITEM BB~~ (81071 [) u 4 [5J - To INUR C:ill: I~IIU1159117:177 O rA4 616~771~ 1191
• •
I. 1'ayncent of Principal, htteresl and Late Charge. Borrower shall pny when due the principal of, and interest on,
the debt evidenced by the Nutc and late charges due under the Notc.
2. Mon161y paymcnls of'1'axes, Insurance and Olhcr Charges. Borrower shall include in cacti monthly payutcnl,
together with dre principal anJ interest as set forth in the Nole and any late charges, :m installment of any (a) taxes and
specialrsscssntcnts levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and
(c) premiums for insurance required by Paragraph 4.
Grch monthly installntcnt far items (a), (b) mtJ (c) shall cyual one-twelfth of the annual amounts, as reasonably
cstiurucd by Lender, plus an amount sufficient to maintain an additional balance of not more than one-sixth of the
cslimatcd amounts. 'hhc full annual amount for cacti item shall be accumulalcd by Lcndcr within a pcrioJ coding one
nronlh hcforc an item would bccontc dclinyucnl. Lcndcr shall hold the amounts collcctcd in trust to pay items (a), (b) and
(c) hcforc Ihcy 6econtc dclinyucnl.
If at any lime the total of the pnyntcnls hclJ by LenJer for items (a), (b) and (c), together with the future monthly
payments far such items payable to LenJer prior to the clue dates of such items, exceeds by more than one-sixth the
cslinralcd anxautl of payments rcyuireJ la pay such items when due, and if p:ryuunls on the Note arc current, Ihcn Lcndcr
shall either refund the cxccss over ane-sixth of the estim:ueJ payments or credit the excess aver one-sixth of the cslimatcd
payments to subsequent payments by Borrower,rl the option of Borrower. If the total of the paymcnls made by Borrower
for item (a), (h), or (c) is insufficient to pay the item when Jue, then Borrower shall pay to Lender any amount necessary to
make up the Deficiency on or before the dale the item becomes due.
As used in this Security Instruntcnl, "Sccrelary" means the Secretary of Housing and Urban Development or his or her
Designee. In any year in which the Lender must pay a mortgage insurance premium to the Sccrelary, each monthly payment
shall also include either. (i) mt inslallntenl of the annual mortgage insurance premium to be pail by Lcndcr to the
Secretary, or (ii) a nrnntldy charge instead of a mortgage iusurmtcc premium if this Security Instrument is held by the
Sccrelary. Groh nroolhly installment of the mortgage insurance premium shall be in an amount sufficient to accumulate the
full annual nuingagc insurancc premium with Lcndcr one month prior to the date the full annual mortgage insurance
premium is clue to the Sccrctary; or if this Security Inslrumcnt is held by the Secretary, each monthly charge shall be in an
anwunl cqu:d to one-twclnh of unc-half percent of the outslmrJing principal balance due on the Nolc.
If Borrower lenders to Lcndcr the full payment of all scans secure) by this Security Inslrumcnt, 1orrower's account
shall be crcditcd with the balance remaining for all installments for items (a), (b) and (c) mrd any mortgage insurance
premium installutcm that Lcndcr has not become obligated to pay to the Sccrelary, anJ Lcndcr shall promptly refund any
excess (cants to Borrower. Inuncdialely prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's
account shall he crcditcd with any balance remaining for all installments for items (a), (b) and (c).
3. Application of paymcnls. All paymcnls under Paragraphs I and 2 shall be applied by Lcndcr as follows:
P KS'1', to the mortgage insurance premium to be paid by Lender to the Sccrelary or la the rnonllly charge by the
Sccrctary instead of the nwnlhly mortgage insurance premium;
SLiCONI~, lu any taxes, special ;tssesslnenls, Ieasdtold paymcnls ur growtd rents, and fire, nood and other hazard
insur:nce premiums, Its required;
I'I I_I~, to interest Juc under the Note;
~ RT , Io amortization of the principal of the Nole;
hIf 1.11, to Isle charges clue unJcr the Note.
4. •hire, Flood and Other Ilnzard Insurance. Borrower shall insure all improvements on the Properly, whether now
in existence or subsa<IIuenlly erecleJ, n ninsl nny haurrJs, casunhics, and contingencies, including fire, far which Lcndcr
requires insurancc. '1•Iris insurnncu shall be mainlnined In the amounts anJ for the periods tluu Lcndcr requires. Borrower
stall also insure all ingrrovcmcnts on the Properly, whether now in existence or subscqucntly crectcJ, against loss by ^oods
to-:he extent rcyuireJ by cite Sccrctary. All insurance shall Irii carried with companies approved by Lender. The insurance
policies and any renewals shall be hclJ by Lender and shall incluJc loss payable clauses in favor of, anJ in a form
acccptablc lo, Lender.
In the event of lass, Borruwcr shall give Lcndcr inuncdialc notice by mail. Leodcr urry nwkc proof of loss if not
made promptly by Borrower. Each insurance company concerned is hereby authorized ane( direclcJ to make payment for
such loss Directly to Lender, instead of to Borrower mtd to Lcndcr jointly. All or any part of the insurance proceeds may be
applied by Lcndcr, al its option, either (a) to the reduction of the imJebtcdness under the Nole anJ This Security Inslrumcnt,
first to any delinquent amounts applied in the orJer in Paragraph 3, anJ Ihcn to prepayment of principal, or (b) to the
resloralion or report of the Damaged properly. Any application of the proceeds to the principal shall not extend or postpone
the due daft of Ile monthly payments which are referred to in Paragraph 2, or change the amount of such paymcnls. Any
cxccss iusurancc proceeds over an amount rcyuired Io pay all outstanding indebtedness under the Note and this Security
Imstruntenl shall be paid hr the entity legally entitled thereto.
In the event of foreclosure of this Security Inslrumcnt or other Iransfcr of title Io the property shat extinguishes the
indeblcdness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser.
5. Occupancy, Preservation, Maintenance mtd Protection of the Properly; Borrower's Loan Application;
Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal rcsiJence within sixty days
after the execution of This Security Iuslrumenl and shall continue to occupy the Property as Dorrower's principal residence
for al least one year after the daft of occupancy, unless the Secretary dclermines this requirement will cause undue harJship
for Borrower, or unless extenuating circwustanccs exist which are beyonJ Borrower's control. Borrower shall notify
Lenders of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change
the Properly or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the
Property is vacant or abandoned or the loam is in default. Lender may lake reasonable action u: protect and preserve such
vac:url or abandoned Property. Borrower shall also be in Default if Borrower, during the loan application process, gave
materially false or inaccurate information or slalcmenls' to Lender (or failed to provide Lcndcr will any material
infurnuuioa) in connection with the loan eviJeneeJ by the Note, including, tut not limited to, representations concerning
Barrowcr;S occupancy of the Property as a principal residence. if this Security Instrument is on a Icasehold, Barrowcr shall
comply with the provisions of the lease, if Borrower acquires fee title to the Properly, the leasehold and (ec title shall not
be ntcrgcJ unless Lcndcr agrees to the merger in writing.
G. Charges to Borrower and Protection of Lender's Rights in the Properly. Bonowcr shall pay all govenuncnlal
or municipal charges, lines and irnposilimts that arc not include) in Paragraph 2. Borrower shall pay these olligalions }m
tirite directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in llte
property, upon Lender's request Borrower shall promptly fwnish to Lcndcr receipts evidencing these payments.
If Borrower fails to make Ihcse paymcnls or the paytneuts rcyuireJ by Paragraph 2, or fails to perform any other
covenants and agreements contained in this Security Instrument, or there is a legal proceeding Ihat may srgnificanlly affect
Lender's rights in the Property (such as a proceeding in bankruptcy, for conJemnalion or to enforce laws or regulations),
Ihcn Lcndcr may do anJ pay whatever is necessary to protect the value of Ott Property vrJ LenJcr's rights in the Properly,
including payment of taxes, hazard insurance anJ other items memioned in Paragrapl 2.
Any amounts disbursed by LenJer under this Paragraph shall become an additional debt of Borrower and be secured
by this Security htslrumenl. These amounts shall bear mlcresl from tlrc Jate of Disbursement, al the Nole rate, and at the
option of LenJer, shall be immediately due and payable.
7. Condemnation. The proceeds of any award or claim fur damages, direct or conseyuenlial, in connection with any
condemnation or other taking of any part of the Properly, or for conveyance in place of conJemnalion, arc hereby assigned
and shall be paid to Lender to the extent of the full amount of the indcblcdness that remains unpaiJ under the Notc and ibis
Security Inslrmnenl. Lcndcr stall apply such proceeds to the reduction of the indcbtcdncss under the Nolc and this Security
htslnnucnl, first to any dclinyucnl amounts applied in Ile order provided in Paragraph 3, and then to prepaymcul of
principal. Any application of the proceeds to the principal shall not extend or postpone the due Jate of the monthly
(page 2 of 4 pages)
~de!%~+rL1vw..~~vror•n.~aiwwwr,+;~+.
payments, which are referred to in Paragraph 2, or change the amount of such payments. Any excess proceeds over an
sunount require) to pay all ~u~st:uuling indebtedness under the Note mid Ihis Security Instrument shall be paid to the entity
legally enticed thereto.
8. fees. Lender may collect fees ant charges aulltorizeJ by the Secretary.
9. Grounds fur Acceleration of Uebt.
(n) Default. Lender may, except as limited by regulations issue) by the Secretary in the case of payment defaults,
require immediate payment in full of all sums secure) by this Security Instrument if:
(i) Borrower defauhs by failing to pay in full any monthly payment require) by this Security Instnrment prior
to or on the due dote of thu nnxl manUDy payment, or
(ii) Borrower defaults by failing, for a period of thirty days, to perform any ullrur ubllgntlonn cuntainnd in thix
Security Instnnncnl.
(b) Salc Without Crcdil Approval. Lender shall, if permitted by applicable IJWrafid 14ith the prior approval of the
Secretary, reiluire inunediatc payment in full of all the sums sccw'ed by this S~'6lrrit}y.lnstrumenl if:
(i) All or part of the Property, or a bcncficial interest in a trust owning all or part of the Property, is solJ or
otherwise lransferreD (other thmt by Devise or JescenQ by the Borrower, and
(ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser
or grantee does so occupy the Properly but his or her credit has not been approve) in accordance
with the reyuiremenls of the Secretary.
(c) Nn Waiver. If circumstances occur that wool) permit Lender to require immediate payment in full, but Lender
does not require such payments, Lender does not waive its rights wish respect to subsequent events.
(rl) Itegulalions of (IUD Secretary. In many circumstances regulations issued by the Sccrctary will limit Lender's
rights, in the case of payment defaults, to require immediate .payment in full ant foreclose if not pail. This
Security instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary.
(e) Mortgage Nol Insured. Borrower agrees that should this Security Instrument mid the note secure) thereby not
be eligible for insurance unJcr the National (lousing Act within 120 DAYS from the
dale hereof, LenJcr may, at its option and notwithstanding anything in Parrrgrnph 9, require immediate payment in
fill of all sums secured by this Security Instrument. A written statement of any authorized agent of the Sccrctary
dared subsequent l0 120 DAYS from the Jule hereof, declining to insure Ihis Security
Instrument ant the note secured (hereby, shall be Deemed conclusive proof of such ineligibility. Notwithstanding
the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely Jue to
l.cnder's failure to remit a mortgage insurance premium to the Sccrctary.
10. Reinslatemenl. Borrower has a right to be reinstated if'Lender has require) immediate payment in full because
of Borrower's failure to pay an amount Jue under the •Note or ibis Security Instrument. 'this nght applies even after
foreclosure proceedings are insliluteD. 'fir reinstate the Security instrument, Iorrower shall lender in a lump sum all
amounts required to bring Dorrowcrs account current including, to the extent they are obligations of Borrower under this
Security Instrument, (oreclouve costs and reasonable and customary attorneys' fees and expenses properly associated with
the foreclosure proceeding. Upon rcinslalemenl by Borrower, this Security Instrument anD the obligations that it secures
shall remain in cl7ect as il' LenJcr had not required inuncdiatc payment in full. Ilowcver, LenJcr is not reyuircd to permit
reinstatement if: (i) Lender has accepleJ reinstatement after the commencement of foreclosure proceedings within two
years immediately preccdiiig tiie comnrerrcemcnt of a -torrent foreclosure prnceediiig, (ii) rciilstgteni°ru-will prPC!es!e
foreclosure nn JiffcrcN grounds in (hc future, or (iii) rcinslnlcment will adversely affect the priority of the lien created by
Ihis Security Instrument.
11. Ilurrower Nut RcleaseJ; ('orbcrrance by Lender Not a Waiver. Extension of the time of payment or
modifirntion of amortization of the sums secured by Ihis Security Instrument grmtted by Lender to mry successor in interest
of Borrower shall not operate In release the liability of the original Borrower or Borrowers successor in interest. Lender
shall not be reyuircd to commence proceedings against any successor in inlerest or refuse to extent time for payment or
otherwise modify amortization of the sums secured by this Security Instnrment by reason of any Demand made by the
original Borrower or Borrower's successors in interest. Any forbcar:mce by Lender in exercising any right or remedy shall
not be a waiver of or preclude the exercise of any right or remedy.
12. Successors and Assigns Iluund; ,taint nrrd Several Liability; Co-Signers. The covenants ant agreements of
this Security Instrument shall bind and benefit the successors ant assigns of LenJcr and Borrower, subject to the provisions
of Paragraph 9.b. Borrowers covenants and agreements shall be joint and several. Any Borrower who co-signs Ihis
Security Instrument but Joes not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant ant
convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to
pay the sums secure) by this Security instrument; and (c) agrees that Lender and any other Borrower may agree to cxtenJ,
modify, forbear or make any accommodations with regarJ to the terms of this Security Instrument or Ure Note without that
Borrower's consent.
13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by
mailing it by first class rnail unless applicable Inw requires use of another methoJ. The notice shall be directed to the
Property Address or any other aJJress 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 aelJress Lender designates by notice to Borrower. Any notice
provide) for in Ihis Security Instrument shall be JeemeD to have been given to Borrower or Lender when given as provide)
in this paragraph.
14. Governing Lnw; Severability. This Security Instrument shall be governed by Federal law and the law of the
jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instnrment or the
Note conflicts wish applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note
wlriclr can be given effect without the conflicting provision. 'Ib Ibis end the provisions of Ibis Security Instnrment ant the
Note are Declared to be severable.
15. Ilorrower's Copy. Borrower shall be given one confonneJ copy of Ihis Security Instrument.
1(. Assignment of Rents. Borrower unconditionally assigns anD transfers to Lender all the rents aril revenues of the
Property. Borrower authorizes Lender or Lender:s ageids to collect the rents ant revenues unJ hereby Jirccls each ten:uu of
Ilre Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Itorrowcr of Borrower's
breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of
the Property as trustee for the benefit of Lender mrJ Borrower. This assignment of rents constitutes mr absolute assignment
anD not mr assignment for aJJitionul security only.
If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be IteID by Borrower as trustee
for benefit of LenJcr only, to he applied to the sums secured by the Security Instrument; (b) Lcndcr shall be entitle) to
collect and receive all of the rents of the Property; and (c) each Icnmll of the Property shall pay all rents Juc and unpaiJ to
Lcndcr or Lender's agent on LenJcr's written demand to the tenant.
Borrower has not executed any prior assignment of the rents anD has not and will not perform any act that woulD
prevent Lender from exercising its rights under this Paragraph Iti.
Lender shall not be required to enter upon, take control of or maintain the Properly before or after giving notice of
breach to Borrower. Flowever, LenJcr or a judicially appointeJ receiver may do so at any time there is a breach. Any
application of rents shall not cure or waive any Jcfauh or invalidate any other right or remedy of LenJcr. This assignment
of rents of the Property shall terminate when the debt secured by the Security hrstrwnent is pail in full.
(page 3 of 4 pages)
I~I ~ •
NON-l1NIFORM COVENANTS. F3orrowcr and Lender further covenant and agree as follows:
17. Foreclosure Procedure. If Lcndcr raluires immediate pnyntenl in full under paragraph 9, Lcndcr may invoke the
power of sale and any other retttedies permitted by applirtble law. Lcndcr shall he enlilled In collect all expenses incurred
m pursuing the rancdics provided in This paragraph 17, including, but not limilccl lo, ratsonublc attorneys' fees and costs of
title cvidcncc.
If Lesuler invokes the power of sale, Lcndcr shall execute or cause 7~uslee br execute a wrillen notice of the
occurrence of :m event of default and of bender's election lu cause the 1'roperl)' lu be sold, curl sh:dl cause such
notice to be recorded in each couuly in e•Icich any part of the Ih•operly is located. Lcndcr or 'li•uslee shall mail
copies of the uolicc as prescribcrl by applirtble law to Ilurnnvcr and to other persons prescribed by applicable law.
'llruslee shall (;ive public notice of sale to the persons nod in the mmmer prescribed by applicable law. After the lime
required by sgrplicable Isar, 'li•uslec, without demand on 13orrower, shall sell the properly al public auction to the
highest bidder al the lime and place and wulcr the terms designated in the notice of sale in one or more parcels and
iu any order 71•uslce determines. 7i•uslec may postpone sale of all or any parcel of the Properly by public
•uurouncetnenl :tl the lime and place of any previously scheduled sole. Lcndcr ar its designee may purchase the
1'ropcrty al any sale.
'll•uslec shall deliver to the purrhoser'1'rusctee's lord cnnvcylnp the properly without any covenant or warranty,
expressed or implied. '1'hc recitals in Ihe'1'ruslre s deed shall be prima facie cvidcncc of the Irttlh of the stutemenls
made Therein. '1'ruslcc shall apply the proceeds of the sale in the following order. (a) In sill CxpMISI'S /lf IIIC Sale,
inclurlin};, but uol limilcd lo, reasonable '1'ruslcc's :utd allontcys' fees; (b) to all sums secure) by this Security
Inslrttutettl; and (c- any excess to the person or persons Icgally cntillcd to il.
18. Rcconrcyancc. Upon payntcnl of all sums sccurccl by This Security lustruntcnt, Lcndcr shall rcyucst liuslcc to
rccom•cy the I'nrytcrty and shall surrcndcr tltis Sccurily Inslrumcrn and all notes cviclcncing clcbl sccurccl by ibis Sccurily
htsuuntcnt l0 9iuslcc. 'liustcc shall rcconvcy the Properly without warrnnty anJ without charge w the person or persons
legally enlilled to it. Such person or persons sh:dl pay any recordation costs.
19. Subslilule '1'ruslee. Lcndcr may, for any reason or cause, from tintc to lime renwve 'fi•uslec and appoint a
successor Trustee lu any 'li•uslee appointed hereunder. Without conveyance of the Properly, the successor trustee shall
suttee) to all the title, powers and duties cuufcrrcd upon'liuslee herein and by applicable low.
IU. Area and Location of Properly. Either the Properly is not more than twenty acres in area or the Properly is
totaled within :m incorporued city or village.
Riders to llris Sccurily Instrument. If one or more riders are cxccutcd by Dorrowcr and recorded together wish this
Sccurily Insu'untenl, the covenants of cash such rider shall be incorporated into and shall amend and supplement the
covenants and agreentenls of This Security Instrument as i(Ihe rider(s) were in a part of this Seem ity Instrwucn(.
~Chcck applicable box(cs)I.
Condominium Rider ~ Graduated Payment Rider ~ Growing Equily Rider
Planned Unit Ucvclopntcnt Rider ~ Olhcr iSpccifyJ
IlY SIGNING 13GLOW, Burrower ^cccpls :utJ agrees to the icons contained in pages I through 4 of ibis Sccurily
lns7wncut and in auy rdcr(cLexcc:utccl by-l3orrowccanc! rcccrc~ ~? with it.
Wiutcsscs:
STATE OF IUAIIU, County ss: ApA
_ (Seal)
ISorrowcr
_ (Seal)
uorrowcr
on this -D day o ~ ~ln,~ , 1992-
bcforc mc, ~j`rn~`y Yl ~ .~ . rm , a Notary Public in and for the said county and
start, pcrsuna},y :grpcarcil
known or proved tome to be the person(s) who cxccutcd the foregoing inslnnnent, and acknowledged to me Thal
cxccutcd the santc.
I witness whereof 1 have hereunto set my hand and affixe y-~ ial seal the day and yea •n This certificate first
about wrillen.
Notary Publ' residinga~SIDINQ IN BOISE, IDAHO
• MY COMM. EXP. 3-12-96
REQUES"I' FOR RECONVEYANCE
TO TRUSTEE:
The undersigned is the holder of the note or notes sccurccl by this Decd of'Ihisl. Said note or notes, together with all
other indebtedness secure) by this Dcecl of Trust, have been paid in full. You are hereby dircclccl to cmtcel said note or
notes and This Ucccl of'I~ust, which are clclivcrcd hereby, and to rcconvcy, without wananly, all the estate now held by you
under Ibis Uccd of Trust to the person or persons legally cntillcd thereto.
Uatc:
-~-~.~4e~ (Seal)
ROSS M. MASSON ~// uorrowcr
NNIFER E MASSON uorrowcr
(page 4 oj4 pogesl
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