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Martin, Richard & NatalieRECEIVED CITY OF D'IERIDIAN ~ J U L - 8 1994 33 E. IDAHO MERIDIAN, ID 83642 C~`~'"~ (~~' ~~~~ j j~ f.~~~ FENCE VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) APPLICANT NAME : ~ Gj (p p c,~ ~ /(~~~ ~-~. ~f/~ ~ z~/-/ PHONE ~~ ~J~~ ~/~ `7~ OWNERS NAME & ADDRESS:(If different than above) PROOF OF OWNERSHIP: (COPY OF DEED OR OPTION MUST BE ATTACF~D) LEGAL DESCRIPTION OF PROPERTY: Lar#~.~~ # SUBDIVISION /t1 ~- PRESENT USE & ZONING OF PROPERTY~eSi(~.Q,~n-~'j Ajl SCI~NIATIC DRAWING: ATTACH DRAWIlVG SHOWING BUILDINGS , STREErrS & PROPOSID FENCE SURROUNDING PROPERTY OWNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERTY OWNERS (FROM AUTHENTIC TAX RECORDS OF ADA COUNTY) WITHIN T[nT0 HUNDRID (200) FEET OF THE NAr. BOUNDRIES OF THE LAND BEING CONSIDERED: DESCRIPTION OF REQUIRII~NTS OF THE ORDINANCE THAT NEED TO BE RIDUCED TO PERMIT THE PROPOSID FENCE : ~ c~ S(n,~~ S i rye, r7 ~- ~Y8 ~~e%h~ _ ~ ~ luo1N~~ ~~,~a2. -'v iKS-)u l ( G ~P,hG2. lci' ~'' ~+~ Si~eiur6i,lk , `fin ~ ~Ultil,~ y er. u.i~~2~ ~ Z.' ~" Ila~u Kce_. ATTACH APPLICATION FEE OF $ ~'~ ATTACH STATEMENT THAT FENCE IS ALIAWID UNDER THE RESTRICTIVE COVENANTS OF THE SUBDIVISION OR A COPY OF THE RESTRICTIVE COVENANTS PER'T'AINING TO FENCES: APPLICANTS SIC~TATURE : F( - DATE RECEIVED 7 8 ~ 9 COMNit'IfiEE HEARING DATE RECEIVED BY ~~~ v ~ ~ RECEIVED ~~ J U L - 81994 __. _ __ ,,, : ~, .. ~ MER11UlA~I ~ ~, ~~ ~ b _ __ -- _ ~ I ~ ~` ~... __ _ .. -~ __ ~ . _ _ ho ~Se, I 3 _ ~- ~. ~,.. _._ -___~ ~1 ~ fi __ _ _~_ _ __ ~ ~ __ ___ _ _ __ _1~.+i o. ~- ~ ~~ow~ ~ _N .~- . _ _... •~.. __. 1 _. 1~--~ _ _ _. .. _ _/- _._ _. _._ t' IO W t+1r t.d, _- - 1nL~.__~/ou.-(c4 l i Key -h~ red u~s-~-_ _._c~ va,~r a~.ck, o~ __-Z_'___`~`~ sQ _~af w~, Ccc~.,.___ ins-I~,!( o cc.+~ _ ~ ~X-+- +0 0 u,~r ~'h o . tit t/ _ ~Qw_ l~ ~ ~~ Hof ~v~ a~ ~c~ _ -~~x.+ _.--~__ ~I-~~ Can-teti~- w ~ e~r~ our cy- ~ Ic1 ~e.,~ o~-~ f ~-~ -._ I_~~. ~ I ~__ __ ___- .~~ do no-E- fie, I ~ s wo U,(d o b S-hru.~-t~ ~ . __o nC,s V i_21N of C1~~ ~~ ~e~~ D~ ~ S ~ d eve K . si_nce~ ~e.Ye. ct,~e, no dvi ve_vva o~ ~,i s s ~d~ off- ~I-I~,e S ~v e~,f . 1144559 IDCD-3013-C-1 RECEIVED J U L - 8 1994 CITY CF MEC~tUTA~I J [Space Above This Line For Recording Data] DEED OF TRUST THIS DEED OF TRUST ("Security Instrument") is made on JULY 08 1993 RICHARD K. MARTIN AND NATALIE K. MARTIN, HUSBAND AND WIFE ("Borrower"). The trustee is BOISE TITLE AND ESCROW, INC. ("Trustee"). The beneficiary is NORWEST MORTGAGE , I NC . . The grantor is which is organized and existing under the laws of THE STATE OF MINNESOTA ,and whose address is MINNESOTA SERVICE CENTER, P.O.BOX 9270, DES MOINES, IA 503069270 ("Lender"). Borrower owes Lender the principal su-n of EIGHTY NINE THOUSAND ONE HUNDRED AND 00/100 Dollazs (U.S. $******89,100.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for montlily payments, with the full debt, if not paid earlier, due and payable on AUGUST 01, 2023 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of al[ other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purposepBorrower irrevocably grants and conveys to Trustee, in trust, with power of ~.OT' 3e III BLOI:Kes~ri~~d KrE~~RNt~o P~e~C~ SUBDIVISION N0. 2, ACCORDING TO County, Idaho: THE OFFICIAL PLAT THEREOF, FILED IN BOOK 60 OF PLATS AT PAGE 6021 RECORDS OF ADA COUNTY, IDAHO. THIS IS A PURCHASE MONEY SECURITY INSTRUMENT. TAX STATEMENTS SHOULD BE SENT T0: NORWEST MORTGAGE, INC., P.O.BOX 9270, DES MOINES, IA 503069270 which has the address of 2248 NORTH DEVLIN AVENUE MERIDIAN [Street, city], Idaho 83642 ("Property Address"); [Zip Code] Form 3013 9190 IDAHO-Single Family-Fennle Mae/Freddle Mec UNIFORM INSTRUMENT Page 1 or B Amends 6/9/1 ~® 6RIID)191os1 VMP MORTOAOE FORMS - 13131293-8100 - 18001621-7291 Inltleis:~/rn~ ~' 1 TOGETHER WITH all the improvements now or hereafter erected on the property, and -all easemet$s, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURIT" INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender,' Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (~) yearly hazard or property insurance premiums; (d) yearly ^ood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another taw that applies to the Funds sets a lesser amount. If so, bender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including bender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay aone-time charge for an independent real estate tax reporting service used by bender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Fu-ids. Borrower and lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds at~d the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due,, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the detiiciency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by L..,nder under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold'paytnents or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or de[ends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevc~~t the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If bender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. Form 3013 /90 -GR(ID) lstoel Page 2 0l 8 Inltlals:_ / /` ® ~ K'~'l 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on tltc Property insured against loss by ftre, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance ,proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application, of proceeds to principal shall not exteucl or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. 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 Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair t}tc Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. 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 all the provisions of the lease. If Borrower acquires Cee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the 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, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve Form 301' -6RIID) ~s~osl veaa s or s i"ieais: ® ~ K~'1 payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay fire premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. 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 lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of rite Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Iorrower and Lender otlter~vise agree in writing, the sums secured by this Security Instrument shall be reduced by rite amount of life proceeds mullipliecl by the following fraction: (a) rite total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before tl~e taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security ]nstrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release t. a liability of the original Borrower or Borrower's successors 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 amortisation 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 rite exercise of any right or remedy. I2. 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 17. 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. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed rite petmitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pertitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a reCutid reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. 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 other 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. 15. Governing Law; Severabllity. 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 Instrument or the Note conflicts with applicable law, such conflirt shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. Form 3013 9190 -6RItD1 Is~osl Pepe a o~ a i„iiiai,;~~l ® n~~~ 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to Dave enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in Ihis Security Instrument; or (b) entry of a jud;ment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be clue under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. ~: 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action 1,•~ any governmental or regulatory agency or private party involving the Property and any 1{azardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances deCmed as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flarnrnable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of tl~e jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not l~s than 30 days frorn the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in ncceleralion of the sums secured by this Security Instrument and sale of the Prope~~ty. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any oilier defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not lirniled to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute a written notice of tl~e occurrence of an event of default and of Lender's election to cause the Property to be sold, and shall cause such notice to be recorded in each county in which any part of the Property is located. Lender or Trustee shall mail copies of the notice as prescribed by applicable law to Borrower and to other persons prescribed by applicable law. Trustee shall give public Form 3013 9/90 -6RIID) Is~os- Pepe s or s i"icieis:_~ ~f~ ® ~I`-1„n IDC6-3013-C-6 notice of sale to the persons and in the manner prescribed by applicable law. After the tune required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the tune and place of auy previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's decd conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee's decd shall be prima facie evidence of the irutlr of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, I~ut not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 22. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. 23. Substitute Trustee. Lender may, for any reason or cause, from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable law. 24. Area and Location of Property. Either the Property is not more than twenty acres in area or the Property is located within an incorporated city or village. 25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this J Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement _ the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] Q Adjustable Rate Rider ~ Condominium Rider Q 1-4 Family Rider Q Graduated Payment Rider Q Planned Unit Development Rider ~ Biweekly Payment Rider Balloon Rider Q Rate Improvement Rider Q Second Home Rider V.A. Rider ~ Other(s) [specify] BY SIGNING $ELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: (Seal) R ARD K. MARTIN -Borrower (Seal) NATAL E K. MARTIN -Borrower _ (Seal) -Borrower -- ,..,cal) -Borrower STATE OF IDAHO, ADA County ss: On this 8TH day of JULY , 1993 ,before me, a Notary Public in and for said county and state, personally appeared known or proved to me to be the person(s) who executed the foregoing instrument, and acknowledged to me that he executed the same. In witness whereof I have hereunto set my hand and affixed my official se ~ay and y to this certifi/cite 1"rst ve written. .~~~fa%. n ~i1~/ ~ ~~ Public residing at: ~® 6RtIDl is~os- Peae a or a Form 3013 9190 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, Idaho, at the hour of 4:30 o'clock P M., on Monday. August 15, 1994, for the purpose of reviewing and considering the Application of Richard and Natalie Martin for a variance from the Meridian Fence Ordinance at the property legally described as follows: Lot 3. Block 4 Kearney Place Subdivision No. 2 and known by the address 2248 N. Devlin Avenue, Meridian, Idaho 83642. The Applicant proposed to install a fence on the south side of the gropertv 19'8" from the sidewalk. this would require a 2'4" variance. 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. 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 27th day of Jules, 1994. .~X ~~~~~~ WILLIAM G. BERG,. J ., CI CLERK RECEIVED J U L - 8 1994 ~' Z 2 HUB OF TREASURE VALLEY OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Waler Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-221 I GRANT P. KINGSFORD Mayor August 15, 1994 Mr. & Mrs. Richard Martin 2248 N. Devlin Ave. Meridian, ID 83642 RE: Fence Variance Request 2248 N. Devlin Ave. Dear Mr. & Mrs. Martin, COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning The Fence Variance Committee of the City of Meridian met in your presence at 4:30 P.M. -August 15, 1994, in City Hall to consider this request. ' After due consideration, the Committee decided to allow construction of the proposed six (6) foot tall wooden fence as you proposed contingent on the following: 1. The face of the fence shall be set 19' - 8" from the sidewalk along E. Chateau Avenue. 2. The area between the fence and sidewalk shall be landscaped and maintained by you. 3. The board side of the fence shall face E. Chateau Avenue. 4, The City of Meridian has no jurisdiction in the enforcement of the provisions of your subdivisions Protective Covenants. Since this is a variance to a provision of your covenants we suggest you also contact your Homeowners Association. 5. Please obtain a fence building permit from City Hall prior to beginning construction. Thank you for complying with the City ordinance in requesting this variance. Sinc ely, Gary D. mith, P.E. Chairman, Fence Committee cc: File City Clerk Building Inspector 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 applicant desires to obtain a variance trom the rovts~ons of this ern - - s a no a rea a as a var ance ursuan o t e rov s ons o - or -- o e ev se an om ed- r nances an a roce ure or suc a var ance s a no a overne e a orement oned two sections. here sha be a s ecia proce ure or var ances rom ~s ence or Hance which sF~l a a. The owner for a fence as o ows or applicant shall file variance with the Cit an application Clerk which app scat on s a state e o ow ng: 1. Address of subject property; 2. Name, address and phone number of applicant; 3. .N~,ame~a_ddress and hone number of owners of the subjec proper y; 4. Proof of ownership; 5. Legal description of subject property; 6. Present use of subject property; 7. Zoning of the subject property; 8. -Schematic drawing of the building a_nd proposed ence; 9. List of the mailin addresses of all ro ert owners rom au en ~c tax recor s o a count wit n eet o the ex erns oun arses o e an e~ng cons erect; 10. Minimum re uirements of this ordinance that nee o e re uce o ermi a ro ose ence; 11. An application fee established by resolution o e ounc i b. U on recei t ~ ' ~ of the fence variance ap plication die Zvn i mi isirat at no ice s may a or sha se a earin ors c ass ma an see to a owners o ro er with n eet o e ra us o e su ect ro ert w Bch hear n sha e e not sooner an a s a e•r a ma n o e re u ire no ice an no more an a s a er may n o e re u re not ce. a no ce o Baring oes not nee ~v ve puoiished in t he o~~3cia newspaper. c. The hearin ~e established b this subsection con ucte comm a ence var ance commi ee . ee s a a comprise o e~ n sneer er an o ce 9 A A w w a one ounc em er an. shall w ~c zne ~e ____---• ..••.. .. .,.~~~~ r~ernver. A Quorum 0 say Comm tee s a e a min mum o t ree mem ers o t o comma ee. d. U on hearin the re uest for-the fence variance die Comm ee s a eat er a rove or en or a rove wit con Mons a ap ica ion or ence var ance; at no wr t en in in s o act s a e re uire ut a wr ten ec soon s a a wr ten o e a scant an to an party reques ng written noti Ica ion o ine decision a e Baring e. APPEAL. An a reeved art ma a eal the decision o e commi tee erect o t e it ounce ursuan o ec ion - i L1U~LU111V rCiu'Il ~ 1J ".Cl1U1HCU rux HLL rtlVl:t~'r"1]~UtU ALL FENCES FACING GOLF COURSE MUST HAVE A GATE Fence Regulation INSIDE LOT Property Line [/ Property line .•~ I~ r , / I ' ;Il;il ®~ 3' Solid Fence or 4' Open Chain Link Type Fence in Front of Setback Fence Regulation CORNER LOT :. Line 20'`SeEback ~,. / ~ r ~ ~ ° ,~ f 20' Setback 3' Wood or Solid Fence or 4' Open Fence 30' ~ -~0 Site Triangle 3' chain Link - \ \ or Open Fence CITY OF MEAIOIAN 33 East Idaho aBB~+i33 16' Solid or Open~Fence Behind Set Beck Property `" Line-~ ee~f S~~ ~ l~a:e Open Access *~ to Water Meters and Fire Hydrant **(4'X4' ground area) 6' Wood, Solid or Open Fence %\ 3' Wood or Solid Fenc or 4' Open Fence tteeL' ~S