Godby, OrvilleMAYOR ~/"
Robert D. Corrie
CITY COUNCIL MEMBERS
William L. M. Nary
Keith Bird
Tammy deWeerd
Cherie McCandless
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APPLICANT NAM
HUB OF TREASURE VALLEY
LEGAL
A Good Place to Live DEPARTMENT
CITY OF MERIDIAN (208) 288-2499 • Fax 288-2501
PUBLIC WORKS
33 EAST IDAHO (208) 898-5500 • Fax 887-1297
MERIDIAN, IDAHO 83642 BUILDING DEPARTMENT
(208) 888-4433 • Fax (208) 887-4813 (208) 887-2211 • Fax 887-1297
City Clerk Office Fax (208) 888-4218 PLANNING AND ZONING
(208) 884-5533 • Fax 888-6854
APPLICANT SHALL BE AT THE PUBLIC HEARING:
FENCE VARIANCE APPLICATION
(RE: Meridian Zoning Ordinance)
~~~~ W .
L- ?~ - PHONE: ~
5~ ~.(nf ~ ~I ate ~ ~;~~~~
OWNERS NAME & ADDRESS: (If different than above)
PROOF OF OWNERSHIP: (COPY OF DEED OR OPTION MUST BE ATTACHED)
LEGAL DESCRIPTION OF PROPERTY: LOT#~BLOCK#
SUBDIVISION: U l ~ ~^~ S~'-o ~~ ~ G ~ c ~/ ~
PRESENT USE 8 ZONING OF PROPERTY: S I~~~ I
SCHEMATIC DRAWING: ATTACH DRAWING SHOWING BUILDINGy STREETS & PROPOSED
FENCE.
SURROUNDING PROPERTY OWNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERTY
OWNERS (OBTAIN LIST FROM MERIDIAN PLANNING 8 ZONING DEPARTMENT) WITHIN TWO
HUNDRED (Z00) FEET OF THE EXTERNAL BOUNDRIES OF THE LAND BEING CONSIDERED.
DESCRIPTION OF REQUIREMENTS OF THE OR NANCE THAT NEED TO BE REDUCED TO
PREMIT THE PROP;q D F NCE: ~FN GE" ~~ P ~5 ~E P~~~ ~,) ~J ,~ ~~_
A~r
a r7 ~ l.U {~ `~ v' ~~
ATTACH APPLICATION FEE OF $~Fj(~~
THEASUBDIVIS ON OR A COPY OF THE RESTRI '~ N RTS PERTAIN NG TO FENCES.
DATE RECEI
RECEIVED B
DATE: ~ ~ ~ ~~~
APPLICANT'S SIGNATURE:_~ /~~
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1304 W 1 ST STREET
VICINITY MAP 1 "=300'
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300 600 900 1200 Feet
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1304 W . 1ST STREET
PROPERTY OWNERS WITHIN 200'
FLOYD HILDA
PO BOX 70
STANLEY ID 83276-0070
1353 W 01ST ST
SMART ELAINE E &
STEWART KARRIE L
1332 W 01ST
MERIDIAN ID 83642-0000
BINGHAM MICHAEL LORIN ~
BINGHAM M ELIZABETH
1329 MERIDIAN
MERIDIAN ID 83642-0000
BASSETT ROLAND L REVOCABLE TRUST
10000 MELVIN AVE
NORTHRIDGE CA 91324-0000
1323 W 01ST ST
MANWARING MARK
MANWARING DARCY
895 W PENNWOOD ST
MERIDIAN ID 83642-0000
1305 W 01ST ST
GODBY ORVILLE L
GODBY PHOEBE
1304 W 01ST ST
MERIDIAN ID 83642-0000
TRAVIS R & BETTY J LIFE ESTATE
TRAVIS ROYAL & BETTY J TRUST
1305 N MERIDIAN RD
MERIDIAN ID 83642-2266
KAREL RUSTY D
1231 W 01ST ST
MERIDIAN ID 83642-0000
TERRILL ARNOLb R AND
JOY LINDA S
1324 W 01ST ST
MERIDIAN ID 83642-0000
PETERS EUGENE L &
PETERS JAMIE L
1323 MERIDIAN RD
MERIDIAN ID 83642-0000
WILDE RALPH E ~
WILDE GAYLE A
1319 W 01ST
MERIDIAN ID 83642-0000
STACY DIANNA M
BATTEE SHIRLEE A
1316 W 01ST ST
MERIDIAN ID 83642-0000
SCHAUB RONALD D
SCHAUB COLEEN M
1315 N MERIDIAN RD
MERIDIAN ID 83642-0000
STATES DION W
37 CHERRY AVE
MERIDIAN ID 83642-2256
ZENOR SAMUEL W
1233 MERIDIAN RD
MERIDIAN ID 83642-2247
ENGLANDER RHONDA M
1217 W FIRST ST
MERIDIAN ID 83642-2203
SAYLES LOYAL G &
SAYLES PAULA R
1222 W 01ST
MERIDIAN ID 83642-0000
CATHEY RICHARD L &
CATHEY KATHLEEN A
4227 PATTON AVE
BOISE ID 83704-3265
1223 N MERIDIAN RD
•
JEROME L L & A I TRUSTEES
1212 W 01ST
MERIDIAN ID 83642-0000
-~J
CLARK ROCKY S ~
CLARK DANI L
1213 N MERIDIAN RD
MERIDIAN ID 83642-2247
• •
W[IEN RECORDED MAIL TO:
MERITAGE MORTGAGE CORPORATION
6000 SOUTHWEST MEADOWS ROAD, SUITE 500
LAKE OSWEGO, OR 97035
DEED OF TRUST
Mw 100014410000132848
THIS DEED OF TRUST' is made this 23rd day of AUGUST 2001 ,among the Grantor,
ORVILLE L, GODBY AND KATIE GODBY, HUSBAND AND WIFE
PIONEER TITLE COMPANY OF ADA COUNTY (herein "Borrower"),
(herein ""trustee"), and the Beneficiary,
Mortgage Electronic Registration Sys[ectts, Inc. ("MFRS"), (solely as nominee for Lender, as hereinafter dcl7ned, and Lender's
successors and assigns). MFRS is organized and existing under the laws of Delaware, and has an address an¢ telephone number
of P.O. Box 2026, Flint, M! 48501-2026, tel. (888) 67I-MFRS.
MERITAGE MORTGAGE CORPORATION,
AN OREGON CORPORATION
existing under the laws of OREGON . ("Lender") is urganiud and
6000 SOUTHWEST MEADOWS ROAD, SUITE 500, LAKE OSWEGO, OR 97035 ,and has an address of
- BORROWER, iu consideration of the indebtedness herein recited and the Ir herein created, irrevocably grants and
conveys to Trustee, in bust, with power of sale, the following describc,i property located iu the Couuty of
ADA
LOT 8 IN BLOCK 3 OF NIDAY'S SECOND ADDITION TO MERIDIAN, ID/1110, ACCORDING TO 'State of Idaho:
THE OFFICIAL PLAT THEREOF, FILED IN BOOK 11 OF PLATS A PAGE(S) 594, OFFICIAL
RECORDS OF ADA COUNTY, IDAHO.
Parcel Number: 03.86066010120
BALLOON RIDER ATTACHED HERETO AND MADE A PART HEREOF.
which has the address of 1304 WEST FIRST STREET
_ hIERIDIAN
' [Slreell (Cllyl '
Idaho 83642 (herein "Propeny Address");
- IZip Cale)
TOGETHER with all the improvements now or hereafter erected on tf,e property, and all easements, rights, appurtenances
and rents (subject however to the rights and authorities given herein to [ender to collect ,tnd apply such rents), all of which
shall be deemed to be and remain a part of the property covered by this l: recd of Trust; and all of the foregoing, together with
said property (or [he leasehold estate if this Deed of Trust is on a leas hold) are hereinalier referred to as the "Properly."
Borrower understands and agrees that MFRS holds only legal title to the interests granted by Borrower in this Deed of Tntst;
but, if necessary to comply with law or custom, MFRS, (as natunee for I.cuder and Lender's :successors and assigns), has the
right: to exercise any or all of those interests, including, but not limited ~~~, the right to litreclo<.,. and sell the Properly; and to
take any action required of Lender including, but not limited to, releasint , ur canceling; Ibis [)~~ed ~~~f Trust.
TO SECURE to Lender the repayment of the indebtedness evidence d by Borruwa''s note dated
AUGUST 23, 2001 and extensions and renewals thereof herein "i'
u.s. $ 27, 700.00 ( '::"), in the principal sum of
with interest thereon, providing for monthly i~istallments of g•. ~~:ipal and interest, with the
balance of the indebtedness, if not sooner paid, due and payable ott SCI' EMBFIZ (I
2U16 ;the payment
of all other seen, with interest thereon, advanced in accordance herewil h to prole t the ..cc.unty of this Ueed of 'T'rust; and the
performance of the covenants and agreements of Borrower herein contain ed.
Dorrower covenants that Borrower is lawfully seised of the estate : tetchy cu. rveyed and has the right to grant and convey
the Property, and that the Property is unencumbered, except for encurbrutces ~ tf record. Borrower covenants that Borrower
warrants and will defend generally the title to the Property against all cla ans and ~i:entands, subject to encumbrances of record.
UNIFORM COVENANTS. Borrower and Lender covenant and agt ee as full tws:
I. Payment of Principal and Interest. Borrower shall promptly pay when clue lh~; principal and intere t indebtedness
evidenced by the Note and late charges as provided in the Nole.
IDAHO -SECOND MORTGAGE - 1/80 -FNMA/FHLMC UNIFORM INSTRUMF .JT WITH MI `.RS
Initials:
Paye t of a /~ Form 3813
- t~®J6NOD-~s9o21 VMPMORTGAGEFORMS-IBO ~~11-7291 (//1J
Amended 2/99
' oos-sto
• •
2. h'unds fur Taxis and Ltsurance. Subject [o applicable law or a writlcu waiver by Lender, Bonuwer shall pay u,
Lender on the day monthly payments of principal and interest art: payable under the Note, until the Note is paid iu full, a sum
(herein "Funds") equal to one-lwclfth of the yearly taxes and assessments (including condominium and pl;umcd unit
development assessments, if arty) which may attain priority over this DeeJ of Trust, and grnuud rents on the Properly, if any,
plus one-twelttlt of yearly premium installments for hazard insurance, plus one-lwclfth of yearly premium installments for
mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender cars the basis of assessments and
bills and reasonable estimates thereof. Borrower shall not be obligated [o make such payments of Funcls to Lender to the extent
that Borrower makes such payments to the holder of a prior mortgage or deed of trust if such a holder is an institutional lender.
If Borrower pays Funds to Lender, the Funds shall be held in an institution the deposits or accounts of which are insured
or guaranteed by a federal or state agency (including Lender if Lender is such an instituliomj. [-ender shall apply the Funds ut
pay said taxes, assessments, insurance prentiuns and ground rents. Lender may not charge for so holding and applying the
Funds, analyzing said account or verifying and compiling said assessments ;md bills, unless Lender pays Borrower interest on
the Funds and applicable law pernuts Lender to make such a charge. Borrower and Leuder may agree in writing at the time of
execution of ibis Deed of Tnst that interest at the Funds shall be paid to Borrower , and unless such agreement is made or
applicable law requires such interest to be paid, Lender shall not be required to pay Burrower any interest or earnings on the
Funcls. Lender shall give to Borrower, without charge, an annual accounting of Ihr: funds sh~~wing credits :utd debits to the
Funds and the purpose for which each debit to the Funds was made. 1'he Itunds are pledged as additional security for the sums
secured by this Deed of Trust.
If the amount of the Funds held by Lender, together with the future nuuuhly ',nslalhuents or Funds payable prior to the due
dates of taxes, assessments, insurance premiums and ground rents, shall cxc•eed the auunmt required to pay said taxes,
assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly
repaid to Borrower or credited to Borrower on monthly installments of Funds. !; the anunutt of the• Funds held by Lender shall
not be sufficient to pay taxes, assessnu•uts, insurance premiums and ground n ., ; as Ihcy fall clue, Lurrower shall pay to lender
any amount necessary to make up the dcliciency iu one or more p;ryntenls as ' ~ uder may rcyuire.
Upon payment in full of all scans secured by this Dced of Trust, Lt' ndcr shall promptly refund to Borrower any Funds
held by Lender. If under paragraph 17 hereof the Property is sold or th ~ Pn:perty is otherwise acquired by Lender, Lender
shall apply, no later than immediately prior to the sale of the Property ,:: ,ts acquisition by Leuder, :ury Funds held by Lender at
the time of application as a credit against the sums secured by this Un.~ .f Trust.
3. Application of I'uymemts. Unless applicable law provides oil' wise, all payments received by Lender under the NOIe
and paragraphs 1 attd 2 hereof shall be applied by Lender first io p: enl of auunmis payable to Lender by Borrower under
paragraph 2 hereof, then to interest payable on the Note, and then to uc trincipal ol'the Note.
4. lh•ior b9ortgages and Uc'cds of"I'rusl; Charges; Lints. ' ,oi•rut~•erhall perform all of Borrower's obligations under
any mortgage, deed of trust or other security agreement with s tarn whi: has priority over this Dced of Trust, including
Borrower's covenants to make payments when due. Borrow+•c ,,;dl pay of c:wse to be paid all taxes, assessments and'olher
charges, tines and impositions attnbutable to the Propetl; ,h ,; may altai,i a priority over this Deed of Tntst, and leasehold
payments or ground rents, if any.
5. hazard Insurance. Borrower shall keep the inq" .:vemenls now e• fisting or henafler erected on the Property insured
against loss by tire, hazards included within the term "ex'_cnded covca'age " ..d such other hazards as Lender Wray require and in
such amounts and for such periods as Lender may requi ; ~,
The insurance carrier providing the insurance sh„dl be chosen b~ 11: ~:uwer subject ut approval by Lender, provided, that
such approval shall not be unreasonably wilhhcld• ,,II insurance po' i;~ ;uul renewals th.~reof shall be in a form acceptable to
Lender and shall include a standard mortgage cla• ,;~ in favor of and i. a Rtrw ,acceptable to Lender. Lender shall have the right
to hold the policies and renewals thereof, subjer, to the terns of any oat igage, deed of trust or other security agreement with a
lien which has priority over this Deed of Truss
In the event of loss, Borrower shall giv _ Inompt notice to the ius~ a :ce carrier and Leveler. bender may make proof of loss
if not made promptly by Borrower.
If the Yroperty is abandoned by 1+~ .+ruwer, or if Borrower fails to , spond to Leuder within 30 days from the date notice is
mailed by Lender to Borrower that the insurance carrier offers to settle ; cloaca for insurance beuetits, Lender is authorized to
collect and apply the insurance proceed:; at Ixndu's option either to rests raliou or repair of the Property or to the suns secured
by this Deed of Trust.
G. Preservation amd Mainlenanec of Properly; l,caseholds; Con lominiums' 1'lunncrl [fait Developments. Borrower
shall keep the Property in' gon~l repair and shall not crnnmit waste or pe ~mit impainnenl or ,L:ICrioralion of the Properly and
shall comply with the provisi~~„; of any lease it this Uccd of Trust is of a leasehold. If this Dced of '['rust is on a unit in a
condominium or a planned unit development, Borrower shall perform al of Borrower's obligations under rite declaration or
covenants creating or governing the coudotrtinimu ur planned unit evelopment, the by-laws and regulations of the
condominium or platmed unit Development, and constiu+eut documents.
7. 1'rotectiou of Lender's Securil ~, . If Borrower fails to perform the ~ wenants and agreements contained iu this lleed of
Trust, or if any action or proceeding is rwumenced which materially affi . ~,: ,lender's interest in the Properly, then Lender, at
Lender's option, upon notice to Burrower, may make such appearances dill u~.e such stuns, including reasonable attorneys'
fees, and take such action as is necessary to protect Lender's interest. If Ixnd~.r :fired mortgage insurance as a condition of
making the loan secured by this Deed of Trust, Borrower shall pay the 1 remiuu, ~ , ,aired to ntainlain such insurance in effect
until such time as the requirement for such insurance lerininales in accor~ ,ante wi:' ~ 1'urrower's and Lender's written agreement
or applicable law.
Any amounts disbursed by Lender pursuant to [Iris paragraph 7, with inters 7l lhercou, at the Nole rate, shall become
additional indebtedness of Borrower secured by this lleed of Trust. I lulcss 13on~ :c ~•r and Lender agree to other lernts of
- payment, such amounts shall be payable upon notice from Lender to Bo rruwer requi. s ~1; paymeu[ thereof. Nothing contained
in this paragraph 7 shall require Lender to incur any expense or take any action hercuu.~
8. Inspection. Lender may make or c:ntse to be made reasonable ~enlries upon ar: inspections of the Yroperty, provided
that Lender shall give Borrower notice prior to any such inspection sl:ecil'ying rcasr.: ,. Ic cause therefor related to Lender's
interest in the Yroperty.
'). Coudemualion. 1'he proceeds of any award or claim for damages, direct or , o:•:zequential, in connection with any
condenmation or other taking of the Yroperty, or pazl thereof, or for et mveyance in lieu , :; condeumation, are hereby assigned
and shall be paid to Lender, subject to the toms of any mortgage, dce~d of trust or othc, . c unity agrcentent with a lien which
has priority over Ibis Deed of Trust.
IU. Borrower Not Released; Forbearance By Lender Not a Wu aver. I'sxtension of u ~ time for payment ur modification
of amortization of the suns secured by this Deed of Trust granted by [.coder to any success i in interest of Bonriwer shall not
operate to release, in any manner, the liability of the original Dorrowe;r and Borrower's succ. ~, ors in interest. Leuder shall not
be required to continence proceedings against such successor or re'Fuse to extend time I~ ~ payment or otherwise modify
amortization of the suns secured by this Deed of Trust by reason of an; y demand made by the , ~, igiual Borrower and Borrower's
SUCcessors in interest. Any forbearance by Lender in exercising any ~ right or remedy beer [uder, or ' e afforded by
- applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy.
- Pape Z of 4 Fmm 3813
oos eio
- ~~ .
•
1]. Successors mIJ Assigns Dowld; .taint and Several Liability; Co-signers. 'fhe covenants •tnd agreements herein
contained shall bind, and the rights hereunder shall inure to, the respeuive successors and assigns of Lender and Borrower,
subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any
Borrower who co-signs this Deed of Trust, bot does not execute the Note, (a) is co-signing this Deep of Trust only to grant and
convey that Borrower's interest in the Propel ty to Trustee under the terms of this Deed of Trust, (b) is not personally liable on
the Nule or under this Deed of Trust, and (c) agrees that Lender and any other Borrower hereunder may agree to extend,
modify, forbear, or make any other accommodations with regard to the terms of this Dced of 't'rust or the Note, without that
• Borrower's consent anJ without releasing that Dorrower or modifying this Deed of 'trust as to that Borrower's interest in the
Property.
12. Notice. Except for any notice rcquircD under applicable law to be given in another manner, (a) any notice to Borrower
provided for in ibis Deed of Trust shall be given by delivering it or mailing such notice by certified mail addressed to Borrower
at the Property AJDress or at such other aJdress as Borrower may designate by notice to Lender as provided herein, and (h) any
notice to Lender shall be given by certified mail to Lender's address stated herein or to such other addrrss as Lender may
designate by notice to Dorrower as provided herein. Any notice provided for in this Deed of 'Trust shall he Jceutcd to have been
given to Burrower or Lender when given in the maluter Designated herein.
13. Governing I,aw; Severabilily. The state a11J local laws applicable ht This Deed of "['rust shall be the laws of the
jurisdiction in which the Properly is located. The foregoing sentence shall uo[ limit the applicability of federal law to this Deed
of Trust. In the event that any provision nr clause of this Deed of Trust or the Nole coullicls with applicable law, such conflict
shall not affect other provisions of this DeeJ of Trust or the Note which can be: given effect without the conflicting provision,
and to this end the provisions of ibis Deed of Tlusl and the Note are declared to be severable. As used herein, "costs,"
"expenses" and "attorneys' fees" include all scans to the extent not prohibited by applicable law or limited herein.
14. Itm•rower's Copy. Borrower shall be furnishcD a confonncD copy of the Note and of this lleeJ of'1'rust at the time of
execution or after recordation hereof.
15. RehubiliWliml Loun Agreemcut. lorrower shall 1'ullill ell of Borrower'. obligations under any home rchabilitalion,
improvement, repair, or other lomt agrernteot which Borrower eiders into with Leu.ler. Louder, at Lender's option, may require
Dorrower w execute anJ Deliver to Lender, in a form acceptable to Leader, art assiguulenl of any rights, claims or defenses
which Dorrower may have against parties who supply labor, materials or services in connection with improventculs made u, the
Property.
1G. 'Transfer of the 1'ruperty or a Beneficial Interest in Iorrower. If all ur ;my part of the Properly or any interest in it
is sold or transferreD (or if a beneficial interest in Dorrower is soW or transferred and Borrower is not a natural person) without
Lender's prior written consent, Lender may, at its option, require immediate payntet,t in full of all sums sccurcd by this Deed of
Trust. however, this option shall not be exercised by Lender if exercise is prohibitl.d by federal law as of the date of this Deed
of Trust.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not
less than 30 clays from the Date the notice is JelivereD or mailed within which Dorrower must pay all runts secureD by this Dced
of Trust. If Borrower fails to pay these Bunts prior to the expiration of this peria I, Lender may invoke any remedies permitted
by this Deed of Trust without further notice or DemanD on Borrower.
' NON-UNIt'ORM COVENANTS. Dorrower and Lender further covenant ar ul agree as follows:
17. Acceleration; Remedies. Except as provided in paragraph 1G hercu'f, upon Borrower's breach of any covenant or
agreeutent of Borrower in this Deed of'Trusl, including the covenants to p ly when due any runts secured by this lleed of
'1'rtlst, Lender prior to acceleration shall give notice to Borrower us plrov .Icd in paragraph 12 hereof specifying: (1) the
breach; (2) the action required to cure such breach; (3) a Jule, not Tess ll -n lA days from the dale the notice is [nailed to
Iorrower, by which such breach nuts[ he eared; and (4) that failure to ,re such breach un or before the dote specified
in tl-e notice stay result in acceleration of the sums sccurcd by this Ue ..I of '!'rust wet rule of the Property. The notice
shall further inform Iorrower of the rigl(t to reinstate after ucceleratt, .xl and the right to bring a court action to assert
the nonexistence of a default or any other defense of Dorrower to ucc .oration caul sale. If the breach is not cured on or
before the date specified in the notice, Lender, al Lender's option, r.,,.y declare all of the soots secured by this lleed of
'Trust to be inuuediately due and payable without Further demaudl .: ul nwy invoke lhD power of sale and any other
remedies perntilted by applicable law. Leader shall be entitled Ut Gull ~ct all reasonable costs and ezpeuses incurred in
pursuing the remedies provided in this paragraph 17, including, bob. not limited lu, reasonable attorneys' fees.
If Lender invokes the power of sole, Lender shall execute or cause 'Trustee to execute a written notice of the
occurrence of un event of Default and of Lender's eleclimt to cuusa the Property to he sol(l all(1 Shall Cal1Se sllCh IIatICe• t(t
be recorded in each county in which the Property a• some pal' ~! lereof is located. Lender or'l'ruslee shall ntril copies of
such notice in the mamter prescribed by applicable law. '1'ru,(c a shall gi ve public nolirc of sale to the persons and iu the
manner prescribed by applicable law. After the lapse oY Bur 4 time a: t may be required by applicable law, 'l'rtutce,
without dclnuud nn Borower, shall sell the 1'ropcrty at publi . .lac°lion ro the highest bidder at the lime uud place and
under the terms designated in the uoticc of sale in one or tr.lore parcel:. anti in such order as 'Trustee may determine.
'Trustee may postpone sale of all or any parcel of the l'rol,lerty by pn1,i'ic announcenuvlt nt the lime and place of any
previously scheduled sale. Lender ur Lender's dtsignee may purchase the 4'roperty at any sale.
'Trustee skull deliver to the purchaser 'Trustee's deed conveying tike Yroperty so sold without any covenant or
warranty, expressed or implied. The recitals in the 'Tru°Ilee's deed shall he prima facie evitience of the froth of the
slatemenls uwde therein. 't'rustee shall apply the proceeds of the sale iu i'he following order. (u) to all reasonable costs
anti expenses of the sale, including, but uol limited bu, reasonable 'Trnslce's mul attontcys' Fees and costs of title
evidence; (b) to all swiss secured by this local of 'Trust; .end (c) the excl ss, il' any, to the person or persons legally entitled
thereto.
18. Dorrower's Right to Reinstate. Nutwilhsl • 'iug Lender's accele raliou of the sums secured by this Dced of Trust due
to Borrower's breach, Borrower shall have the ri; to have: any procecctings L :gun by Lender to enforce This Deep of Trust
discontinue) at any lime prior to the earlier to occw of ji) the fifth Jay befi Ire sal ; of the Property pursuant to the power of sale
containeJ in this Deed of Trust or (ii) entry of a.judf Incnt enforcing this L .xd or `Trust if : (a) Dorro "c•r pays Leader all sums
which would he then Due under this Deep of'I'ru~t :In,d the Nole haJ no acce I:ratie.~ occurred; (h) Don .er cures all breaches of
any other covenants or agreements of Borro~• ce•nltaineD iu this Deed u : 'IYusl ; (e,) Borrower p:r, .all reasonable expenses
incurreD by Lender anJ 'I'lustee in enforcing a rn venauts auQ agreements If Burn tt ~ i onlaiucd L. wis lleed of 'l'ots[, anD in
enforcing Lender's mtJ 't'rustee's rcutcdies ;I, f. rvided in paragraph 17 hereof, 1 !uding, but not limited lo, reasonable
attorneys' lees; and (D) Dorrower lakes such acti al as Lender may reasoll,dDy requir. to assure Ihat the lint of Ibis Deed of•
Trust, Lender's interest in dte Property and Durrc~wcr's obligation to pay lee sums sr Ired by this Deep of Trust shall continue
unintpaireD. Upon such payment anD cure by tto mower, this Deed of Trull and the unlllgatimts secured hereby shall. remain in
full force and effect as if no acceleration b"'1 I a.rrred.
19. Assignment of Rents; Appoiulu. of Receiver; Lender in Yussession. As ,c i'~iilional security hereunder, Dorrower
hereby assigns to Lender the rents of the ntperly, provideD that Borr,lwcr shall, pli~•,I lu acceleration under paragraph 17
hereof or abandoltmen[ of the Yroperty, haul tl Ic right to collect and retain such rents as tl~ ~ Ilccome Due and payable.
Upon acceleration under paragraph 17 '„er :rotor abandonment of the Property, I_cnd, , •, ul person, by agent or by judicially
appointed receiver shall be entitleD to emel ul -tn, take possession of atlJ manage dre I'n,l ~.(ty and to collect the rents of the
Property including those past due. All rent:; a ~ecleJ by Lender or Ilte receiver shall he apl~,!ied first to pay[ of the costs of
management of the Property and collection ,tf ,. nts, including, but not Il ..ited to, receiver's t,~ rs, premiums n fiver's bonds
anD reasonable attorneys' fees, and then UI t1 .c swtts secured by this I I~.~J of Trust. Leudc.- : ud the receiv a e liable to
account only for those rents actually receiv( 1.
®-76NIID) tssozt lowzls: Form 3813
vaae 3 0(a /~~ ~
DDS-61D ~//~I
20. Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the
Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secu;.•d by this Deed of Trust to Trustee.
Trustee shall reconvey the Property without wazranly and without charge to the person or persons legally entitled thereto. Such
person or persons shall pay all costs of recordation, if any.
21. Substitute Ttvstee. Lender, at Lender's option, may from time to time remove Tntstee 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 the Trustee herein and by applicable law.
22. Area and Location of Properly. Either the Property is not more than forty acres in area or the Property is located
within an incorporated city or village.
RF,QUEST FOR NOTICE OF lllsIG! Ut,
ANU FORECLOSURE UNDlslt ~;L" ,;~tU, R
MORTGAGES OR DEEDS Oi~"1 + IS'1
Borrower and Lender request the holder of any mortgage, deed oft ,st or other encumbrance with a lien which has
priority over this Deed of Trust to give Notice to Lender, at Le
any default under the superior encumbrance and of any sale or o e for dl J .;ire set jorlh on page one of this Deed of Trust, of
IN WITNESS WHEREOF, Borrower Itas executed this D T '
- ~ I / ~~
(Seal)
ORVI E " . GO OY -Borrower
,F~ l
- A~ ' L' //~ ~ (Seal)
Y -borrower
(Seal)
,. - -Dorzower
(Seal)
-borrower
(Sign Original Only)
STATE OF IDAHO~1~' ~~
On this ~ l " day of n , , ', ~ . l 'ouuty ss: n /~
~"~`''xl-t- r .~. ~~ ,before me, ~Il-'~` t~
U , a Notary Pul; Ir in an~fot said county and state, personally ap~ared
vr~c ~ I ~ ~ I.. ~R. ~t..i ply ~(~ .~,~ • ~r,.p (~
known or proved to me to be the person(s) who executed the foregoing instrmu;nt, and rcl,nowledged to me that ~-p1 n ,
executed the same. ' . `~
In witness whereof I have hereunto set my hand and affixed my n,fFcial sr at the day and year in this certificate first above
written.
.~
Notary A .hlic res ing ,
Y`r ~'r ~-11R.U~ - ~ l
1 ~~-a -dflo~
®J6NpD) tyso2t
Pepe 4 of 4
Form 3813
DDS~61D
Return To:
MERITAGE MORTGAGE CORPORATION
6000 SOUTHWEST MEADOWS ROAD, SUITE 500
LAKE OSWEGO, OR 97035
Prepared By:
MERITAGE MORTGAGE CORPORATION
6000 SOUTHWEST MEADOWS ROAD, SUITE 500
LAKE OSWEGO, OR 97035
pace Above Tlds Lble For Recording Dala]
DEED OF TRUST
MIN 100014410000132806
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are
also provided in Section 16.
(A) "Security Instrument" means this document, which is dated AUGUST 23, 2001
together with all Riders to this document.
(B) "Borrower" is
ORVILLE L. GODBY AND PHOEBE GODBY, HUSBAND AND WIFE
Borrower is the trustor under this Security Instrument.
(C) "l.cuder" is
MERITAGE MORTGAGE CORPORATION,
Lenderisa AN OREGON CORPORATION
organized and existing m)der the laws of OREGON
IDAHO•Sinple FamilyFennle Mae re I
UNIFORM INSTRUMENT WITH MERS
-6ApD1100051 --
' Peaa 1 ul 16 Inlliala:
VMP MOflTGAGE FORMS - IB0015217291
DDS-IDW
•
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 P.M., on July 31,
2002, for the purpose of reviewing and considering the application of Orville L.
Godby for a variance from the Meridian Fence Ordinance at the property legally
described as follows: Lot 8, Block 3 of Niday's Second Edition and known by the
address of 1304 West 1St Street. The Applicant proposes a reduction of the
required distance from 20 feet to 0 feet.
The public is welcome. The Applicant is required to attend. 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 15th day of July, 2002,
;' c~ ~oo~°a'q rFO ti
SEAL
~G ~~
,~°'
=.; ya9 car ,s~ . Q.ro ,.:
~,e. ,,~
WILLIAM G. BERG, JR., CI CLERK
CITY OF MERIDIAN
MERIDIAN FENCE COMMITTEE MEETING
AGENDA
Wednesday, July 31, 2002
City Council Chambers
FENCE COMMITTEE MEMBERS:
/ Mr. Gary Smith, P.E., City Engineer
Mrs. Cherie McCandless, City Council
Captain Dave Bowman, Meridian Police Department
Mr. Keith Borup, Planning and Zoning Chairman
ITEMS FOR REVIEW:
Item No. 1 4:30 p.m Orville L. Godby
1304 West 1St Street
Lot 8 Block 3
Niday's Second Edition
Please contact the City Clerks Office at 888-4433 if you are unable to
attend the above Fence Committee AAeeting
GARY D. SMITH, P.E.
PUBLIC WORKS DIRECTOR
BRAD R. WATSON, P.E.
CITY ENGINEER
July 31, 2002
CITY OF MERIDIAN
PUBLIC WORKS /BUILDING DEPARTMENT
Orville L. Godby
1304 West 1 SI Street
Meridian, Idaho 83642
RE: FENCE VARIANCE REQUEST -1304 West 1 ~` Street.
Dear Mr. Orville L. Godby:
MAYOR
ROBERT D. CORRIE
COUNCIL MEMBERS
KEITH BIRD
TAMMY DE WEERD
CHERIE MCCANDLESS
WILLIAM L.M. NARY
The Fence Variance Committee of the City of Meridian, met at 4:30 P.M., July 31, 2002 in City Hall,
to consider your request for a fence setback variance.
After due consideration, the Committee decided to allow a variance request for you to construct a
five (5) foot tall wooden fence in your side street setback area. There was no opposition to this
variance request from adjacent property owners, who were notified in accordance with City
Ordinance requirements of the variance request.
This approved fence location is as shown on the attached sketch and this approval is
subject to the following conditions:
1. The face of the fence shall be set a minimum of 5 feet - 0 inches from the yard side edge of
sidewalk and 5-Foot Tall along West Cherry Street.
2. The ground area between the fence and sidewalk shall be landscaped and maintained by
you.
3. The board side of the fence shall face out toward the street(s).
4. The City of Meridian has no jurisdiction in the enforcement of the provisions of your
subdivision's Protective Covenants. We therefore recommend that you obtain approval
from your Homeowner's Association for this fence location.
5. We also recommend that you contact Dig-Line at 342-1585 for location of underground
utilities prior to excavation for your fence posts.
6. Please obtain a building permit for your fence from the City of Meridian Building Department
prior to beginning construction. Please call for an inspection after the fence construction is
completed.
660 E. Watertower Ln., Suite 200 Meridian, Idaho 83642
Public Works (208) 898-5500 Building (208) 887-2211
Fax (208) 887-1297
GARY D. SMITH, P.E.
PUBLIC WORKS DIRECTOR
BRAD R. WATSON, P.E.
CITY ENGINEER
CITY OF MERIDIAN
PUBLIC WORKS /BUILDING DEPARTMENT
MAYOR
ROBERT D. CORRIE
COUNCIL MEMBERS
KEITH BIRD
TAMMY DE WEERD
CHERIE MCCANDLESS
WILLIAM L.M. NARY
7. "Any aggrieved party may appeal the decision of this committee directly to the City Council
pursuant to subsection 11-15-7 of the City Code. All Appeals shall be filed with the City Clerk
within fifteen (15) calendar days after the decision of the Committee and shall specify the
grounds upon which the appeal is filed. An applicant receiving an approved variance request
is hereby advised to allow the specified fifteen (15) day appeal filing time to pass before
beginning fence installation."
Thank you for complying with the City Ordinance in requesting this variance and if you have any
questions please don't hesitate to give me a call.
Sincerely,
~~%~
Bruce D. Stuart
Fence Variance Committee
Cc: File, Bldg.lnspector, City Clerk
660 E. Watertower Ln., Suite 200 Meridian, Idaho 83642
Public Works (208) 898-5500 Building (208) 887-2211
Eax(208)887-1297