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Godby, OrvilleMAYOR ~/" Robert D. Corrie CITY COUNCIL MEMBERS William L. M. Nary Keith Bird Tammy deWeerd Cherie McCandless Q ~ ~ cb 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:_~ /~~ • ~~~i_I ~I f -_~~ I~i1~T' ~; -~ 1304 W 1 ST STREET VICINITY MAP 1 "=300' L- 300 ~- =~ 0 z 0 w li~~ W WASHINGTON ST E CARLTON w n i ~_ ~'~ i W E s 300 600 900 1200 Feet C~~ W •. ~/ t~ ~~ ~N ~~ - ~-' ~I \, ~ I U~~~ L b ~~~ S C ~~ ~ ~'~~ ~~ ~7 P~~'~ u ~~~ P/~ ~~~ ~`~~ ~~~, 8 • • 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