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Grubb, MasonAPPLICANT: ADDRESS u_ 4 CITY OF MERIDIAN Planning & Zoning Department 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 (208) 884-5533 Phone / (208) 888-6854 Fax FENCE WAIVER APPLICATION (RE: Meridian Zoning Ordinance 12-4-10 Fences) tNI a5a� �sr�� tgz.i. w . ve✓0eka dr, t/k4�4( PHONE: !RT f __q07 q FAX: t V3 &RO-4 2 5'% � 2.29 S E-MAIL: �Oa►o�Qa� S'f►'t' �T ���-� '1 OWNER(S) OF RECORD (IF DIFFERENT FROM APPLICANT): ADDRESS: PHONE: FAX: E-MAIL: PROOF OF OWNERSHIP: (Copy of deed or option must be attached) NOTARIZED CONSENT OF PROPERTY OWNER (See attached Affidavit of Legal Interest) LEGAL DESCRIPTION OF PROPERTY: LOT# 2�: BLOCK# 3 SUBDIVISION: I `'` e_ H�v f I&✓l PRESENT USE OF SUBJECT PROPERTY: ZONING OF SUBJECT PROPERTY: _ DESCRIPTION OF THE MINIMUM REQUIREMENTS OF THIS TITLE THAT NEED TO BE REDUCED TO PERMIT THE PROPOSED FENCE WAVER? SCHEMATIC DRAWING: Attach drawing showing buildings, streets, & proposed fence. SURROUNDING PROPERTY OWNERS: List of the mailing addresses of all property owners (obtain list from Meridian Planning & Zoning Department, 884-5533) within two hundred feet (200') of the external boundaries of the land being considered. ATTACH APPLICATION FEE OF: $50.00 ATTACH STATEMENT THAT FENCE IS ALLOWED UNDER THE RESTRICTIVE COVENANTS OF THE SUBDIVISION OR A COPY OF THE RESTRICTIVE COVENANTS PERTAINING TO FENCES. Applicant's Signature:^ After Recording Return To: COUNTRYWIDE HOME LOANS, INC. MS SV -79 DOCUMENT PROCESSING P.O.Box 10423 Van Nuys, CA 91410-0423 Prepared By: KAYLEEN STONE [Space Above This Line For Recording Data] A0427248 0005451375004004 (Escrow/Closing 11 (Doc ID #1 DEED OF TRUST MIN 1000157-0003529232-1 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 APRIL 12, 2004 together with all Riders to this document. (B) "Borrower" is MASON S GRUBB, A MARRIED MAN AS HIS SOLE & SEPARATE PROPERTY Borrower is the trustor under this Security Instrument. (C) "Lender" is COUNTRYWIDE HOME LOANS, INC. Lender is a CORPORATION organized and existing under the laws of NEW YORK Lender's address is 4500 Park Granada, Calabasas, CA 91302-1613 (D) "Trustee" is FIDELITY NATIONAL TITLE INSURANCE CO. P.O. BOX 32695, PHOENIZ, AZ 85064 (E) "MERS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. M "Note" means the promissory note signed by Borrower and dated APRIL 12, 2004 The Note states that Borrower owes Lender ONE HUNDRED THOUSAND SEVEN HUNDRED TWENTY and 00/100 IDAHO -Single Family -Fannie Mae/Freddle Mac UNIFORM INSTRUMENT WITH MERS Pagel of 11 InlUals: �® 6A(I D) (0005) CHL (0a/00)(d) VMP MORTGAGE FORMS - (900)521.7291 Form 3013 1/01 CONV/VA ' 2 3 9 9 1 0 5 4 5 1 3 7 5 0 0 0 0 0 0 2 0 0 6 A` DOC ID #: 0005451375004004 Dollars (U.S. $ 100, 720.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than MAY 01, 2034 (G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (H) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (1) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: ❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider ❑ Balloon Rider ❑ Planned Unit Development Rider ❑ 1-4 Family Rider ❑ VA Rider ❑ Biweekly Payment Rider ❑ Other(s) [specify] (J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non -appealable judicial opinions. (K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (M) "Escrow Items" means those items that are described in Section 3. (N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (R) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrowers covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the COUNTY Of [Type of Recording Jurisdiction] -6A(ID) (0005) CHL (08/00) Page 2 of 11 ADA [Name of Recording Jurisdiction] Initlals; Form 3013 1/01 DOC ID #: 0005951375009009 LOT 22 IN BLOCK 3 OF MARLIN SUBDIVISION NO. 2, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 87 OF PLATS AT PAGE(S) 9877 AND 9878, OFFICIAL RECORDS OF ADA COUNTY, IDAHO. Parcel ED Number: 85464360320 which currently has the address of 1322 W VERBENA DR, MERIDIAN [Street/City] Idaho 83642 ("Property Address"): [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Inswment. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MFRS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including,, but not limited to, the right to foreclosure and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. 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 SECURITY 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, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurers check or cashiers check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. Inlllals: n66 -6A(ID) (0005) CHL (08/00) Page 3 of 1 t Form 3013 1/01 DOC ID $: 0005451375004004 If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall 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 Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall 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. Unless an agr6ement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can 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 as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. 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, but only so long as Borrower is performing such agreement, (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain I"ItI.I.: Au -8A(W) (0005) CHL (08100) Page 4 of 11 Form 3013 1/01 DOC ID #: 0005451375004004 priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore; such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. 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, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lenders satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees. for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. 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 the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 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. Initials: M&6r -GA(ID) (0005) CHL (08/00) Page 5 or 11 Form 3013 1/01 0 • DOC ID #: 0005451375004004 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to; representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (.such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities tamed on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, 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 selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. IOUs: M56 9MmBA(ID) (0005) CHL (08100) Page 6 o111 Form 3013 1/01 r DOC ID ll: 0005451375004004 Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements . will not affect the rights Borrower has - if any - with respect to the Mortgage Lrsurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous 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 Opposing Party (as defined in the next sentence) offers to make an award to 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 Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. lotw.: MSV (M®8AQD) (Oom) CHL (08/00) Page 7 of 11 Form 3013 1/01 • DOC ID If: 0005451375004004 All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. 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 Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude die exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrowers obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer'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 can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Inswment in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14, Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrowers default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan 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 the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted 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 refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender irr connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrowers change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All tights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. ���[� Inlllals: ° (M®BA(ID) (0005) CHL (08/00) Page 8 of 11 Form 3013 1/01 DOC ID #: 0005451375004004 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. 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 given in accordance with Section 15 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 Insuument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due 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, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lenders interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and 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 Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might 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 which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of Hazardous Initlals: VK X' ®8A(ID) (0005) CHL (08/00) Page 9 of 11 Form 3013 1/01 DOC ID $: 0005451375004004 Substance, creates a condition that adversely affects the value of the Property. 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 (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, 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. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. 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 Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from 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 acceleration of the sums secured by this Security Instrument and sale of the Property. 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 other 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 Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute written notice of the 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 notice of sale to the persons and in the manner prescribed by Applicable Law. After the time 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 time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth 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, but 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. 23. 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 to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is permitted under Applicable Law. 24. 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. 25. Area and Location of Property. Either the Property is not more than 40 acres in area or the Property is located within an incorporated city or village. Initials: AW (= 6A(ID) (0005) CHL (08/00) Page 10 of 11 Form 3013 1/01 DOC ID #: 0005451375004004 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: STATE Or IDAHO, Aram 5'!'-� (Seal) MASONS. GRUBB -Borrower MM IA =I- V -Borrower County ss: _ (Seal) -Borrower _ (Seal) -Borrower On this day of , 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/she/they executed the same. In witness whereof I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public residing at: Initlals: FA;(%�_ M -MMD) (0005) CHL (08/00) Page 11 of 11 Form 3013 1/01 STATE OF IDAHO ) COUNTY OF ADA ) I, mas&n 6-rv�� (tee) AFFIDAVIT OF LEGAL INTEREST 1 2'� w , ✓e,r�, 61- (address) being first duly sworn upon 0.4c6-tlo oath, depose and say: (city) (state) 1. That I am the record owner of the property described on the attached, and I grant my permission to: (name) (address) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property, which is the subject of the application. �ll Dated this day of 200. (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. Notary Pub�c or Idaho ^, Bmoo® 6 r "~ m m Residing a 00 0 s My Commission Expires: ®°O°° ••®F•r° r 0 7.7 Storaize of Vehicles and Equivment • Parking of boats, trailers, motorcycles, trucks (but not including pickup ir__cs), TMo;:k campers, motor %lorries, recreational vehicles, and like equipment, or farm or `arden equipment, or junk vehicles or other unsightly vehicles shall not be allowed on any Lot nor oi, public or private ways adjacent thereto, except behind a f nce approved by the Design Review i. ,'mnzittee. No recreational vehicles shall remain parked on the driveway or street for more than tit. enty-four (24) hours over any two (2) week period. All other parking of equipment shall be prohibited, except as approved in writing by the Board. Any vehicle awaiting repair or restoration; or being repaired or restored shall be removed from the subdivision within forty-eight (4S) hours. 7.8 Leasing Restrictions. Any lease (as defined below) between an Owner and his tenant shall provid:- that the terms of the lease shall be subject in all respects to the provisions contained in ti_C. Project Documents, and that any failure by said tenant to comply with the terms of such docti. ,ents shall be a default under such lease. For the purposes of this Declaration, a "lease" shall :wean any agreement for the leasing or rental of a Dwelling Unit or any portion of a Lot (in:,iuding a month-to-month rental agreement); and all such leases shall be in writing. Other than the foregoing, there is no restriction on the right of any Owner to lease his Dwelling Unit. 7.9 Landscapina. The Design Review Committee shall adopt guidelines regulating permitted anc equired landscaping. In the event that any Owner shall fail to install and maintain landscaping in conformance with such guidelines, or shall allow such Owner's landscaping to deter orate to a dangerous, unsafe, unsightly or unattractive condition, the Association, upon thirty ('..0) days' prior written notice to such Owner, shall have the right to correct such condition ar"CJ to enter upon such Owner's property for the purpose of doing so, and such Owner shall 1DFomptly reimburse the applicable the association for the cost thereof. Such cost shall bL Limited Assessment and shall create a lien enforceable in the same manner as other Assess I.e.Ats as set forth herein. The Owner of the offending property shall be personally liable, and such. Owner's property may be subject to a mechanic's lien for all costs and expenses incun-Cu by the Association in taking such corrective acts, plus all costs incurred in collecting the wac . ats due. Each Owner shall pay all amounts due for such work within ten (10) days after receipt ut'written demand therefor, or the amounts may, at the option of the Board, be added to the :.Imounts payable by such Owner as Regular Assessments. Notwithstanding anything to the . ,ntrary, upon completion of the Dwelling Unit; each Builder shall have installed automatic sp Tt'1ers and rolled (sod) lawns in the front yard thereof and planted six (5) five (d) gallon s,uub: or bushes, all as approved by the Design Review coynu-nee. in addition, each Builder shall ,,.an at 1e . one (1) deciduous tree of at least two and one-half (2-1/2) inches in diameter in the frc:nt yard. ,All other portions of the Lot, excluding the Dwelling Unit or other paved areas, shall b ; sodded or hydro seeded within six (b) months of occupancy. 7.10 Fences. No fence of any kind shall be constructed on a Lot without the plans and speci'Jcations therefor, including the location, design, material and color thereof, having been first appi.wed in DECLA-DATION OF COVENANTS, CONDITIONS AND R-ESTRICrIONS OF BLUE.HORIZON - 13 S:\CLIENTS\266\88\CCRS GPG2.DOC writing by the Design Review Committee as provided in ArticleVIH. No materials o. structures may be attached to any fence unless first approved in writing b_the y Design Review,"_ omnuttee. No fence located on a Lot shall have a height greater than six (6) feet above the s,,r_; ce of the ground upon which it is located. All fences shall be constructed in a substantial man_l� and shall be maintained at all times in good repair. It is the i- tent of the Grantor that the Desi::. Revieuf Committee shall have the authority to regulate all fences within the Propertv to tl- erd that the location, type and size of each fence and the materials used therein shall, to the exttm reasonably possible, present a reasonably coordinated appearance and be appropriate in {' suburban atmosphere. Nothing herein contained shall be construed to require the construct: n of any fences. 7.11 Drilling amd Exploration. No oil or mining exploration or development of any kind or nature nor any s'1.1111ctures in connection therewith shall be permitted to be erected, maintained or used on any of and no minerals shall be permitted to be extracted on any Lot. 7.12 Sims. No commercial billboard or advertising shall be displayed to the public',esv ,n or from any Lot. Owners may advertise a Dwelling Unit and Lot for sale by displaying a neat and .reasonably sized sign on a Lot. Other temporary signs advertising the name of the b,�: aider or the name of the institution providing financing may be displayed on a Lot duriIig corn:_,. action of improvements. 7.13 Discharge of Firearms. The discharge of firearms within the Property fOr reCreatiorial pr, C-SL:S iS StiiCtiy prohibited. 7.14 No Hazardous Activities. No activities shall be conducted on the Property, and no Improvenlc , __� shall be constructed on any Property which are or might be unsafe or haz�udous to Lill Person or property. 7.15 Insurance Rates. Nothing shall be done or kept on any Lot winch will increase the rate of. o; cancei any insuiance on any other portion of the Prope�►y Without he apprOvsi Oi tiic vw'uci u:. l)l Outer portion, nor shall anything be done Or keLot on the Property or a of which woLld Salt n ttue cancellation of insurance on any portion of the Property owned or managed by aT ': .' ssociation or which would be in violation of any law. 7.16 Drainage. There shall be no interference with the established drainage pattem ovc, portion of the Property, unless an adequate alternative provision is made for proper drainaL}',-- <uid is first DECL.ARATION OF COVEN.I-NTS, CONDITIONS AND RESTRICTIONS OF BLUE HORIZON - 19 S:\CLIENTS`266\83\CCRS GP02.%OC RADIUS NOTICE REPORT FILE NAME GRUBB 09 -Jun -2004 Owners Owner Address ASPEN HOMES INC PO BOX 550 MERIDIAN, ID 83680-0550 Property Address: 1051 S BROOK TROUT WAY ASPEN HOMES INC PO BOX 550 MERIDIAN, ID 83680-0550 Property Address: 1250 W JACKSNIPE DR ASPEN HOMES INC PO BOX 550 MERIDIAN, ID 83680-0550 Property Address: 1284 W VERBENA DR ASPEN HOMES INC PO BOX 550 MERIDIAN, ID 83680-0550 Property Address: 1297 W VERBENA DR ASPEN HOMES INC PO BOX 550 MERIDIAN, ID 83680-0550 Property Address: 1311 W VERBENA DR ASPEN HOMES INC PO BOX 550 MERIDIAN, ID 83680-0550 Property Address: 1348 W JACKSNIPE DR ASPEN HOMES INC PO BOX 550 MERIDIAN, ID 83680-0550 Property Address: 1352 W VERBENA DR ASPEN HOMES INC PO BOX 550 MERIDIAN, ID 83680-0550 Property Address: 1353 W ROOSTERFISH ST ASPEN HOMES INC PO BOX 550 MERIDIAN, ID 83680-0550 Property Address: 1370 W VERBENA DR I Owners Owner Address BEGIC MIRSAD 1371 W ROOSTERFISH ST BEGIC BETH N MERIDIAN, ID 83642-0000 Property Address: 1371 W ROOSTERFISH ST BLUE HORIZON HOMEOWNERS ASSOCIATIO PO BOX 8204 BOISE, ID 83707-0000 Property Address: W VERBENA DR BONNEY AARON 1402 W JACKSNIPE DR MERIDIAN, ID 83642-0000 Property Address: 1402 W JACKSNIPE DR BROWN CLIFFORD L 1221 W HAYES BOISE, ID 83702-0000 Property Address: 1278 W JACKSNIPE DR BROWNE CHRISTOPHER L 985 N BROOK TROUT WAY MERIDIAN, ID 83642-0000 Property Address: 985 S BROOK TROUT WAY CASTLE ROCK HOMES INC 9436 FAIRVIEW B BOISE, ID 83704-0000 Property Address: 1225 W BROOK TROUT CT CHERRY DANAE 1350 W JACKSNIPE DR MERIDIAN, ID 83642-0000 Property Address: 1350 W JACKSNIPE DR COSTELLO SHARON M 1351 W VERBENA DR MERIDIAN, ID 83642-0000 Property Address: 1351 W VERBENA DR DEEBLE TERRY L 1315 W VERBENA DR DEEBLE CHERI C MERIDIAN, ID 83642-0000 Property Address: 1315 W VERBENA DR DERITA FRANK 1410 W VERBENA DR DERITA ANNA T MERIDIAN, ID 83642-0000 Property Address: 1410 W VERBENA DR 2 Owners Owner Address JENNINGS MARIA 1358 W JACKSNIPE DR MERIDIAN, ID 83642-0000 Property Address: 1358 W JACKSNIPE DR KIMBALL PROPERTIES LTD PARTNERSHIP PO BOX 8204 BOISE, ID 83707-0000 Property Address: 1248 W VERBENA DR KIMBALL PROPERTIES LTD PARTNERSHIP PO BOX 8204 BOISE, ID 83707-0000 Property Address: 1266 W VERBENA DR KIMBALL PROPERTIES LTD PARTNERSHIP PO BOX 8204 BOISE, ID 83707-0000 Property Address: 1267 W VERBENA DR KIMBALL PROPERTIES LTD PARTNERSHIP PO BOX 8204 BOISE, ID 83707-0000 Property Address: 1285 W VERBENA DR KIMBALL PROPERTIES LTD PARTNERSHIP PO BOX 8204 BOISE, ID 83707-0000 Property Address: 1389 W ROOSTERFISH ST KIMBALL PROPERTIES LTD PARTNERSHIP PO BOX 8204 BOISE, ID 83707-0000 Property Address: 1392 W VERBENA DR MCGINNIS REBECCA 1379 W VERBENA DR MCGINNIS JACOB K MERIDIAN, ID 83642-0000 Property Address: 1379 W VERBENA DR PAYNE TONYA 1393 W VERBENA DR MERIDIAN, ID 83642-0000 Property Address: 1393 W VERBENA DR PIKE WAYNE 1365 W VERBENA DR MERIDIAN, ID 83642-0000 Property Address: 1365 W VERBENA DR 3 Owners Owner Address PIONEER HOMES INC 719 1 ST ST S NAMPA, ID 83651-0000 Property Address: 1336 W JACKSNIPE DR PIONEER HOMES INC 719 1 ST ST S NAMPA, ID 83651-0000 Property Address: 1340 W JACKSNIPE DR QUICK BRENDA H 1407 W VERBENA DR MERIDIAN, ID 83642-0000 Property Address: 1407 W VERBENA DR QUINTELL ALLAN 1394 W VERBENA DR NICHOLS DEE MERIDIAN, ID 83642-0000 Property Address: 1394 W VERBENA DR ROBINSON SARA F 1372 W JACKSNIPE DR MERIDIAN, ID 83642-0000 Property Address: 1372 W JACKSNIPE DR TIM AUSTIN CONSTRUCTION LLC 884 W BANKSIDE DR EAGLE, ID 83616-0000 Property Address: 1247 W BROOK TROUT CT TIM AUSTIN CONSTRUCTION LLC 884 W BANKSIDE DR EAGLE, ID 83616-0000 Property Address: 940 S SOCKEYE WAY 4 CITY OF MERIDIAN NOTICE OF APPLICATION FOR FENCE WAIVER NOTICE IS HEREBY GIVEN, pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that Mason Grubb has filed with the Zoning Administrator of the City of Meridian an application for a Waiver from the Fence Ordinance regarding his/her property located at 1322 West Verbena Drive Meridian, Idaho. The Applicant proposes a (10) ten foot setback from property line along North Brook Trout Way. Comments, either for or against, said application must be filed with the Zoning Administrator within fifteen (15) days after the initial publication of this notice and shall be addressed to Planning & Zoning Department, c/o Sonya Allen, City of Meridian, 660 E. Watertower Ln., Suite #202, Meridian, Idaho. If there are pertinent and compelling objections filed within the time allowed, the Zoning Administrator may schedule a hearing on the application. The property at 1322 West Verbena Drive is more particularly described as Lot 22, Block 3 of Marlin Subdivision No. 2, Meridian, Ada County, Idaho. Any and all interested persons are welcome and invited to submit comments. Dated this 22nd day of June, William G. Berg, Jr — PUBLISH 28th of June and 5"' of July, 2004. 90 sr �s� • ;c� COUNTY 11E11teii61Itil0ko" Valley Times P.O. Box 1790 Eagle, Idaho 83616 LEGAL ADVERTISING PROOF OF PUBLICATION Account: �� q .1 -e. r A 1 4>-. Identification: RECEIVED JUL - 7 2004 City of Meridian City Clerk Office Y u" � � Fc. , co- y r -j —a i' V"(,(- Address: ("trAddress: 33 C- - .Tc1 a" A v e Run Dates: 6- Z� 17 S t n q erl of i a Attention: TO 6 N Number Lines Other 3S_ Amount SZ ,3 S City of Meridian �ON 'i"' F" psi ra# 'h' O d' s of the Cit of QjfE ISEREl3' 4aIVEN pursuant toahe' Ordinances of the City .of the �aWs' of the State of Maho,1114 Mason Grubb has filed with the` az�gF stratpr pf the City of Meridiantrapplication Sfor a Waiver -from thy' Fenn ce te$ardig his/her property'liicated bt 1322 Vestver* Diive Mdiaq, The applicant propgses 1-0„ tett foot setback from r 3 a p Y linelg Brook Trout Way. o o , either for ot.against,; said apglieatron mnst be filed within+t}J}e' (15} dy xhe£;juhal gublication.of this tiofiee and shall be addressed to the; Planrun 4nAup Department, c/o Sor}yz3.A11en;,City of Meridrah7 640x13, Watet�tilver Y,p °Snits #202, `Meridian, Idaho.:_ If thire_are pertinent and compel ling I QII # le l within the ,time allowed, the Zoning Administrator may �ched- ule a he ij?g on the," a�plic on. " the property at 1322 West Verbena Drive is more particularly described as� Lot 22 131oc)� 3 Marlin Subdivision No: 2, Meridian, Ada County Idaho. ' Any and all. interested -.persons are welcome and invited to' s bmit"i comments.DatO this .22°d day of June, 2004. Wipiam (1,Bet Jr — C"ity Clerk - PUBLISH 281h of June and 5m of July 2004 e r mance y tson Grubb has filed with the dication for a Waiver from the at 1322 West Verbena Drive, ,n -foot .setback from property m must be filed within fifteen and shall be addressed to the n, City of Meridian, 660 E. iere are pertinent and compel- ning Administrator may sched- more particularly described as , Ada County, Idaho. ome and invited to submit -'eposes ;lerk of Shed at he said he said eridian, uptedly --riod of the first ,tached shed in i0-108, times) er, and not in a Iblished d t i STATE OF IDAHO) )SS COUNTY OF ADA) On this day of in the year of 2004 before me, a Notary Public, personally appeared Frank Thomason, known or identified to me to Oe.the person ti4 ARC��` whose name is su scribed to thew m instr merit, and being by first duly sw�Ad iare at the statements herei true, and acked me that IC t�0-t AR i �.dP G PUB`, O •,,�Tq Tg Ole My Commissio the same. otary Public for Idaho Residing at Boise, ID es: fj,�;,sk 3, -1kni�