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CITY OF MERIDIAN
33 E. IDAHO MERIDIAN, ID 83E42
FENCE VARIANCE APPLICATION
(RE: Meridia~n~Zo"ni~,ng~Orclinance)
APPLICANT NAME: / G~~~/ ~G~~!r~"~
PHONE ~~8' 03
ADDRESS : ~~~b f ! ~n /G " ` 5~ ,C/J G7' y~~`'
OWNERS NAME & ADDRESS: (If d/ifferent than abo_v/e) ~c~Q ~~nhG~
PROOF OF OWNERSHIP: (COPY OF DEID OR OPTION MUST BE ATTACHED)
LEGAL DESCRIPTION OF PROPERTY: I~OT#~_BLK # /~
sUBDrvISION ~l ~e ~. ~,,~ ~,~1~w1 f~~f /Te, ~
PRESENT USE & ZONING OF PROPERTY
,SCHEMATIC DRAWING: ATTACH DRAW.IIVG SHOWING BUILDINGS, STREETS & PROPOSID FENCE:
~' SURROUNDING PROPERTY OWNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERTY
OWNERS (FROM AiPII~N'!'IC TAX RECORDS OF ADA COUNTY) WITHIN TWO HUNDRED (200)
FEET OF THE EXTERNAL BOUNDRIES OF THE LAND BEING CONSIDERED:
DESCRIPTION OF REQUIRII~]TS OF THE ORD ~THAT NEED BE RIDUC'QID TO
PERMIT THE PROPOSID FENCE: l"~r~...~,~ < I~n,^. .2U ~~ .P1~ i..~l-~
ATTACH APPLICATION FEE OF $ ,S'~~• G'y
ATTACH STATEI~iVT THAT FACE IS ALLOWID UNDER THE RESTRICTIVE COVF~IANTS OF
SUBDIVISION OR A COPY OF THE RESTRICTIVE COVENANTS PERT~~~~/
APPLICANTS SIGLVA'I'URE
DATE RECEIVED
COMMITTEE HF.ARTNG DATE
RECEIVID BY
SECTION 1: That Section 11-9-605 J., FENCES, is hereby
amended by the addition thereto of a new subsection to be
numbered 10 and which shall read as follows:
10. That if an owner or a licant desires to obtain a
variance rom a rov s ons o ~s ec ion - -
s a no a rea a as a var ante
ursuan o t e rov s ons o - - or _ _ o
e ev se an om ~ e r nances an a rote ure
or suc a var ante s a no a overne e
a orement oned two sections. here sha 1 be a s ecia
proce ure or var_ antes rom ~s ence or Hance
w ch s a a
a. The owner as o ows:
or applicant
shall file an app
lication
for a fence variance with the Cit Clerk which
app cat on s a state e o ow ng:
1. Address of subject property;
2. Name, address and phone number of applicant;
3. Name address and hone number of owners of
the subject proper v:
4. Proof of ownership;
5. Legal description of subject property;
' 6. Present use of subject property;
7. toning of the subject property;
8. -Schematic drawing of the building and
proposed ence;
9. List of the mailin addresses of all
ro ert owners rom au en ~c tax recor s
o A a count wit n eet o t o
ex erna oun arses o e an e n
cons ered;
10. Minimum re uirements of this ordinance that
nee o e re uc_e o perms a propose
fence;
11. An application fee established by resolution
o~ a ounc ;
HUB OF TREASURE VALLEY
A Good Place to Live
OFFICIALS COUNCILMEN
WAYNES.FORREY,AICP,CityClerk CITY OF MERIDIAl~ R
A
JANICE GASS, Treasurer ROBERTGI S ER
BRUCE D. STUART, Water Works Supt.
33 EAST IDAHO MAX YERRINGTON
WAYNE G. CROOKSTON, JR., Attorney ROBERT D. CORRIE
JOHN SHAWCROFT, waste Water supt. MERIDIAN, IDAHO 83642 Chairman Zoning & Planning
KENNY BOWERS, Fire Chief
BILL GORDON, Police Chief
PhOnt: (2O8) 888-4433
JIM JOHNSON
GARY SMITH, P.E., City Engineer FAX (208) 887-4813 Centennial Coordinator
GRANT P. KINGSFORD PATSY FEDRIZZI
Mayor
,fuly 23, 1993
Mr. Todd Durant
1986 E. Glenloch
Meridian, Idaho 8364c^
RE: Fence Variance Request
1986 E. Glenloch
Dear Mr. Durant
At you>r^ request, the Fer-ce Var^iance Committee of the City of
Meridian met in ygtitr pt^esence at 4:1~ FI.M., J~rly 15, 1993 in City
Hall to consider thi's matter.
Aftei^ due consideration the. committee decided to allow
construction of this sin (6} foot high wooden. fence in the set
back area of Lau~hridge Street in accor~dance with the following
conditions:
1. The face of the fence shall be set- 8 feet from and pat^allel
to the e~:isting haci< edge of sidewalk along Laughs^idge. The
length of fence shall be as shown. ar, your sketch.
t'. The a1^ea between the fence and sidewal"k shall be landscaped
and mainta•rted_ by you.
3. The boar^d side bf the fence shall...face Laughridge.
~-. The City of Met^idian has no ,jur^isdiction in the enforcement
of the pi^ovisions of your subdivisions Flrotective Covenants.
Since this is a variance to a pt^ovision of your covenants we
satggest you contact your Homeowner^s Association.
5. F-lease obtain a fence building per^mit ft^om City Hall.
Sincerely,
Gary D. Smith, F~. E.
Chairman, Fence Committee
cc. File
City Clet^k
)3uilding Inspector°
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to i1-9-605 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,
Meridiian, Idaho, at the hour of ~_ o'clock ~. M. , on
~1~~ 1~ , 19~ for the purpose of reviewing and
considering the Application of Tmc~d 1JL~~('~C'O~Y~1_
for a variance from the Meridian Fence Ordinance at
the property legally described as follows: ~ ~- ~ ~1k#~- ~Z
and known by the address ~ IOIy C, (;1~p-/~~ ,1/1
~1Pr~d~a~ ,T~ S~c~u~
The Applicant proposes to (:YIGrI~Q'p 5e"f'~[.X.[cK --f~on7
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 j
decision will be furnished one, i
Any aggrieved party may appeal the decision of the Committee
directly to the Meridian City Council pursuant to Section 11-2-
416 G. 1.
DATED this ~ day of , 1993.
WAYNE SJ' FORREY, AICP
CITY CLERK/PLANNING DIRECTOR
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CUSTOMER'S ORDER NO.
NAME
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ADDRESS
DEPT. DATE
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SOLD BY C// CASH C.O,D, CXARGE ON ACCT. MOSEFETD, PAID OUT
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REC D BY
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When Recorded, Mail To:
Republic Ma~gago Cap.
921 S. Orchard, Suso A
Boi9e, Idaho 83705
Lawn No.: 4823816
Order No.: P-117854
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:itate of Idaho
DEED OF TRUST
THIS DEED OF TRUST ("Security Instrument") is made on
'Che Grantor is BRENDA S. KINNEY an unmarried. Person
("Borrower"). The trustee is Pioneer Title Company of Ada County
Republic Mortga6`'e Corp.,
which is organized and existing under the laws of the State of UTAH
hard S 'te A Boise Idaho 83705
and whose
address is 921 S. Orc w
("Lender"). Borrower owes Lender the principal sum of
Eighty Five Thousand Seven Hundred Ninety Nine and No/100 ....................
Dollars (U.S. $ 85,799.00 ).
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, 2023 .
This 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 6 to protect the security of this 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, with power of sale, the following described Property
located in ADA County, IDAHO:
]OT 1 IN BLOCK 12 OF CHATEAU MEADOWS EAST NO. 7 SUBDIVISION
ACCORDING TO THE OFFICIAL PLAT THEREOF FILED IN BOOK 60 OF PLATS
AT PAGES 5934 AND 5935, AND AMENDED BY AFFIDAVIT RECORDED AS
INSTRUMENT NO. 9273958, RECORDS OF ADA COUNTY, IDAHO.
SEE PLANNED UNIT DEVELOPMENT RIDER ATTACHED HERETO, WHICH FORMS A PART HEREOF.
which--Las the a~'dresc of - 1VRF EAST GLENLOCH STREET, INJERIDIAN,
[Street] [City]
IDAHO 83642 ("Property Address");
[State] [Zip Code]
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
Instrument. All of the foregoing is referred to in this Security Instrument as the "Property."
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.
1. Payment of Principal, Interest and Late Charge. :Borrower shall pay when due the principal of, and
interest on, the debt evidenced by the Note and late charges due under the Note.
2. Monthly Payments of Taaes, Insurance and Other Charges. Borrower shall include in each monthly
pay~ent, together with the principal and interest as set forth in the 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 rents on the Property, and (c) premiums for insurance required by paragraph 4.
DPI; 6/91 Page 1 of 5 FHA Idaho Deed of Trust - 2/91
i
FHA Case No.
121-126881-5-796
January 28, 1993 .
("Trustee"). The beneficiary is
Each monthly installment for items (a), (b), and (c) shall equal one-twelfth of the annual amounts, as
reasonsbly estimated by Lender, plus an amount sufficient to maintain an additional balance of not more than
one-sixt' of the estimated amounts. The full annual amount for each item shall be accumulated by Lender within
a period ending one month before an item would become delinquent. Lender shall hold the amounts collected in
trust to pay items (a), (b), and (c) before they become delinquent. ~ ether with the
If ate any time the total of the payments held by Lender for items (a), (b), and (c), g
future onthly payments for such items payable to Lender prior to the due dates of such items, exceeds by more
than on -sixth the estimated amount of payments required to pay such items when due, and if payments on the Note
are cur ent, then Lender shall either refund the excess over one-sixth of the estimated payments or credit the
excess ver one-sixth of the estimated payments to subsequent payments by Borrower, at the option of Borrower.
If the ~ tal 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 amount necessary to make up the deficiency on or before the date the item
becomes due.
As used in this Security Instrument, "Secretary" 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 Secretary,
each monthly payment shall also include either: (i) an installment of the annual mortgage insurance
premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance
premium if this Security Instrument is held by the Secretary. Each monthly installment of the mortgage
insurance premium shall be in an amount sufficient to accumulate the full annual mortgage insurance premium
with Lender one month prior to the date the full annual mortgage insurance premium is due to the Secretary,
or if this Security Instrument is held by the Secretary, each monthly charge shall be in an amount equal to
one-twelfth of one-half percent of the outstanding principal balance due on the Note.
If Borrower tenders to Lender the full payment of all sums secured by this Security Instrument, Borrower's
account shall be credited with the balance 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 Lender 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 installments for
items (.a), (b), and (c).
3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows:
First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the
Secretary instead of the monthly mortgage insurance premium;
Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard
insura cn a premiums, as required;
Th~rd, to interest due under the Note;
Fourth, to amortization of the principal of the Note;
Fifth, to late charges due under the Note.
4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether
now iri existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for
which ~I,ender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender
requir s. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently
erecte ,against loss by floods to the extent required by the Secretary. All insurance shall be carried with
comp nies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include
loss p yable clauses in favor of, and in a form acceptable to, Lender.
In~the 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, instead of to Borrower and to Lender jointly. All or any part of the
insurance proceeds may 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 Note and this Security Instrument shall
be paid to the entity legally entitled thereto.
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that
extinguishes 'the indeb+edness, all right, .title tired interest of Borrower in and to .insurance policies in force
shall pass to the purchaser.
5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application;
Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within
sixty days after the execution of this Security Instrument and shall continue to occupy the Property as
Borrower's principal residence for at least one year after the date of occupancy, unless the Secretary determines
this requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are
beyond Borrower's control. Borrower shall notify Lenders of any extenuating circumstances. Borrower shall not
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 Property if the Property is vacant or abandoned or the
loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned property.
Borrower shall also be in default if Borrower, during the loan application process, gave materially false or
inaccurate information or statements to Lender (or failed to provide Lender with any material information) in
connection with the loan evidenced by the Note, including, but not limited to, representations concerning
Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold,
Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the
leasehold and fee title shall not be merged unless Lender agrees to the merger in writing.
6. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental
or municipal charges, fines and impositions that are not included in Paragraph 2. Borrower shall pay these
obligations on time directly to 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.
Page 2 of 5
If Borrower fails to make these payments or the payments required by Paragraph 2, or fails to perform any
other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may
significantly affect 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
Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items
mentioned in Paragraph 2.
Any amounts 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 for conveyance in place of condemnation,
are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that
remains unpaid under the
Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under
the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in Paragraph
3, and then to prepayment of principal. 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 proceeds over an amount required to pay all outstanding indebtedness under the Note
and this Security Instrument shall be paid to the entity legally entitled thereto.
8. Fees. Lender may collect fees and charges authorized by the Secretary.
9. Grounds for Acceleration of Debt.
(a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of payment
defaults, require .immediate payment in full of all sums secured by this Security Instrument if:
(i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument
prior to or on the due date of the next monthly payment, or
(ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained
in this Security Instrument.
(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law and with the prior approval
of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if:
(i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold
or otherwise transferred (other than by devise or descent) 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 Property but his or her credit has not been approved in
accordance with the requirements 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 with respect to subsequent
events.
(d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit
Lender's rights in the case of payment defaults to require immediate payment in full and foreclose if not
paid. -This Security Instrument does not authorize acceleration or foreclosure if not permitted by
regulations of the Secretary.
(e) Mortgage Not Insured. Borrower agrees that should this Security Instrument and the Note secured
thereby not be eligible for insurance under the National Housing Act within 60 days from the date hereof,
Lender may, at its option and notwithstanding anything in paragraph 9, require immediate payment in
full of all sums secured by this Security Instrument. A written statement of any authorized agent of
the Secretary dated subsequently to 60 days from the date hereof, declining to insure this Security
Instrument and the Note secured thereby, 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 due to Lender's failure to remit a mortgage insurance premium to the Secretary.
10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full
because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right
applies even after foreclosure proceedings are instituted. To reinstate the Security 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 customary
at*:orrieys' fees a.rid expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower,
this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required
immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted
reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the
commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different
grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this
Security Instrument.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modi-
fication of amortization of the sums secured by this Security Instrument granted by Lender to any successor in
interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor
in interest. Lender shall not be required to commence proceedings against any successor in interest or 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 Borrower's successors in interest. Any forbearance 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 Bound; Joint and Several Liability; Co-Signers. The covenants and agreements
of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject
to the provisions of paragraph 9.b. Borrower's covenants and agreements shall be joint and several. Any Borrower
who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument
only to mortgage, grant and convey that Borrower's interest in the Property under the terms 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 may agree to extend, modify, forbear or make any accommodations with regard
to the terms of this Security Instrument or the Note without that Borrower's consent.
Page 3 of 5
Page 4 of 5
~.
BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument
and in any rider(s) executed by Borrower and recorded with it.
Witnesses: ,
~,
C.~ , %~-_~-~ (Seal)
BRENDA S. KINNEY -Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
STATE OF IDAIiO,
ADA
~'
On this ~. ' day of
JANUARY
County ss:
19 93 ,before me, THE UNDERSIGNED
a Notary public in and for said county and state, personally appeared
~•,,~aaaaor,.,
BRENDA ~,s•'~C~f~N~Y ~'r°.., .
~,4 ~ ~•••'c ••~•
known or~~3rQv~pd t~._rne Eo~,~be the person(s) who executed the foregoing instrument, and acknowledged to me that
her exect~l-e,~ame. ;'% ~~ ; ,
In wii.~~ w~reo~'~ l~aiie hereunto .set my hand and 'affixed y ~bfficial-seal the day and year in this
~ i
certificate 1'~'3x above v,~r.~tlefi: ~`~ ,!/ , , ,.~
S FAO ~ '! .~ , i~
MY CDMMISSIO?4'•~F,~X~~Ffi~,~~a'y` ~J I'" ~ Notary' ub~ic residing at ~ ~ ~ '" p ,
afaa~aae ~~ ~ - ~~~~-
}.
REQUEST FOR RECONVEYANCE
TO TRUSTEE:
The undersigned is the holder of the note or notes secured by this Deed of Trust. Said note or notes, together
with all other indebtedness secured by this Deed of Trust, have been paid in full. You are hereby directed to cancel
said note or notes and this Deed of Trust, which are delivered hereby, and to reconvey, without warranty, all the
estate now held by you under this Deed of Trust to the person or persons legally entitled thereto.
Date:
Page 5 of 5