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Cordery, Thomas06/16/2004 10:50 6589281 HUGHES GROUP Is CITY OF MERIDIAN Planning & Zoning Department 660 E. Watertower Ln., Ste. 202, Meridian, ID $3642 (208) 884-5533 Phone / (20g) 888-6854 Fax )FENCE WA ER IC AP LA ION (RE: Meridian Subdivision Ordinance 12-4-10 Fences) APPLICANT:--bornaS ADDRESS: 0 3 l E PHONE: egg- 0761 0- FAX: E-MAIL: OWNER(S) OF RECORD (IF DIFFERENT FROM APPLICANT): ADDRESS: PHONE: FAX. E-MAIL: PROOF OF OWNERSHIP: (Copy of deed or option must be attached) IaA PAGE 03 6 Y�L NOTARIZED CONSENT OF PROPERTY OWNER (See attached Af davit of Legal Interest) LEGAL DESCRIPTION OF PROPERTY: LOT4� BLOCK# 6 SUBDIVISION: PRESENT USE OF SUBJECT PROPERTY: sl R �� 2 ZONING OF SUBJECT PROPERTY: — -T DESCRIPTION OF THE MINIMUM REQU1Ki PERMIT THE PROPOSED FENCE WAIVER? Srde o -F koust /n rr ro ft,1 i S* A& rG ;: Attach drawing showing bu A. OF THIS TITLE T14A?NNEED Too E REDUCED TO car S.f-y �n la �..5 c.0 m �t � � � � '7"4 k dines. streets, & proposed fence.-rtrvvl C OUN 1 G PRO R S: List of the mailing addresses of all property owners (obtain list from U Meridian Planning &Zoning Department, 884-5533) within two hundred feet (200') of the external boundaries o the land being considered. ATTACH APPLICATION FEE OF: $5MAQ ATTACK STATEMENT THAT FENCE IS DUNDER THE CO COVENANTS T'ERTA NING TOO.FENCES TS OF THE SUBDIVISION OR A COPY OF THE RESTRICTIVE Applicant's Signature: Return To: . FHHLC - POST CLOSING MAIL ROOM _ 1555 W. WALNUT HILL LN. #200 MC 6712 IRVING, TX 75038 Prepared By: FIRST HORIZON HOME LOAN CORPORATION 440 SOUTH MELROSE, SUITE 130 VISTA, CA 92083 [Space Above This Line For Recording Data] DEED OF TRUST 0049227168 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 June 17th, 2004 together with all Riders to this document. (B) 'Borrower" is THOMAS E CORDERY & BRENDA J CORDERY Husband & Wife As Joint Tenants Borrower is the trustor under this Security Instrument. (C) "Lender" is FIRST HORIZON HOME LOAN CORPORATION Lender is a CORPORATION organized and existing under the laws of THE STATE OF KANSAS IDAHO -Single Family- Fannie Mae/Freddie Man UNIFORM INSTRUMENT Form 30131101 Paye 1 0116 IMllele: "r Y / III II IIII III IIII IIII I VMP MORTGAGE FORMS � (0DD)621-MB1 0 Lender's address is 4000 Horizon Way, Irving, Texas 75063 Lender is the beneficiary under this Security Instrument. (D) "Trustee" is FIRST AMERICAN TITLE COMPANY OF IDAHO (E) "Note" means the promissory note signed by Borrower and dated June 17th, 2004 The Note states that Borrower owes Lender TWO HUNDRED THIRTEEN THOUSAND EIGHT HUNDRED FIFTY TWO & 00/100 Dollars (U.S. $ 213, 852.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than July 1st, 2034 (F) 'Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "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. (Ii) '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 0 Condominium Rider El Second Home Rider E] Balloon Rider ® Planned Unit Development Rider E] 14 Family Rider VA Rider ED Biweekly Payment Rider [�J Other(s) [specify] (1) "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. (.n "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. (K) "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. (L) "Escrow Items" means those items that are described in Section 3. (M) "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; (it) 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. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "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. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.P.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 0049227168 `L mnie�: (Jk6(ID) (Doge) Pega2015 Form 3013 1/01 0 • "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (ty "Successor in Interest or 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 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 Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the County of Ada [Type of Recording Jurisdiction] (Name of Recording Jurisdiction] LOT 1 IN BLOCK 6 OF MESSINA VILLAGE SUBDIVISION NO. 1 ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 86 OF PLATS AT PAGE 9758-9759, RECORDS OF ADA COUNTY, IDAHO. APN: R5680350540 Parcel ID Number: County: N/A City: N/A which currently has the address of 3034 EAST TIBER DRIVE [Street] MERIDIAN ]city], Idaho 83642 [Zip Code] ("Property Address"): 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 Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS 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. 0049227168 - t.t imuoa to00�— -6(ID) (06) Pag—f is t,-„ Form 3013 1/01 �74/Lc " c 3 i t 4`. 3 v 3 7, u h,F W y w rn G rre' o F �urIS.c. IgIF- I� W wl��mv 0 • Mme- u p % 4--f f atm 9a -c), ��secccstscc=� arawswusssrs aarrrsrraws�r 8•C•e�e� 1 '� li IL �Isbig � pppps cis K tzj ED Ea R, z cn ' � z 19119999111111li1l111i1111121131tigi84Igo 811l1110111114111181?g39assess 11 --------------- j1puEimiii►iiii9�i; i iii=i4iEEiEiEii�i�;iii �iiQEEEEEE=EEiEEEEE : 'i:Et it raraaa■sararraruarssrrrwrwwaasaarrr+aas.rw+ro sr+ua■aassawrwraa rrrrrrratarrOY _ ----"_____--_..---........ra«ree«eeree!liEYSltitX09$��9��■ • 0 RADIUS NOTICE REPORT FILE NAME cordery 01 -Jul -2004 Owners Owner Address BORUP CONSTRUCTION INC 2250 N MERIDIAN RD - MERIDIAN, ID 83642-1601 Property Address: 3838 S MILAN WAY BORUP CONSTRUCTION INC 2250 N MERIDIAN RD MERIDIAN, ID 83642-1601 Property Address: 3847 S CALABRIA PL CW CONSTRUCTION INC 1300 S HEIDI MERIDIAN, ID 83642-0000 Property Address: 3004 E LUCCA DR CW CONSTRUCTION INC 1300 S HEIDI MERIDIAN, ID 83642-0000 Property Address: 3874 S MILAN WAY FISHEL MARK R PO BOX 15731 BOISE, ID 83715-5731 Property Address: 3038 E TYBALT ST HENRIE KYLE R 3856 S MILAN WAY HENRIE LESLIE A MERIDIAN, ID 83642-0000 Property Address: 3856 S MILAN WAY JOHN FLAHERTY CONSTRUCTION INC 6002 FRANKLIN RD BOISE, ID 83709-0000 Property Address: 3882 S MILAN WAY RIVERWOOD HOMES INC P O BOX 344 MERIDIAN, ID 83680-0000 Property Address: 2994 E TYBALT ST RIVERWOOD HOMES INC P O BOX 344 MERIDIAN, ID 83680-0000 Property Address: 3041 E TIBER DR 1 Owners Owner Address TUSCANY DEVELOPMENT INC P O BOX 344 MERIDIAN, ID 83680-0000 Property Address: S EAGLE RD TUSCANY DEVELOPMENT INC P O BOX 344 MERIDIAN, ID 83680-0000 Property Address: 3015 E LUCCA DR TUSCANY DEVELOPMENT INC P O BOX 344 MERIDIAN, ID 83680-0000 Property Address: 3815 S CALABRIA PL TUSCANY DEVELOPMENT INC P O BOX 344 MERIDIAN, ID 83680-0000 Property Address: 3871 S CALABRIA PL WESTROCK HOMES INC 512 W ASHBOURNE DR EAGLE, ID 83616-6425 Property Address: 3034 E TIBER DR 2 I CITY OF (:�Vcrid&-n t 33 E. Idaho Ave. L Meridian, ID 83642 Applicant Date Address Phone CASH CHECK # DESCRIPTION NAME ON CHECK IF DIFFERENT THAN APPLICANT AMOUNTQUAN. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PAYMENT DOES NOT INDICATE ACCEPTANCE OF APPLICATION TAX 4066 Becelved By TOTAL C 94760 e7'fi /4 JJW • 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 Thomas E. Cordery has filed with the Zoning Administrator of the City of Meridian an application for a Waiver from the Fence Ordinance regarding his property located at 3034 East Tiber Drive, Meridian, Idaho. The applicant proposes a reduction of the required distance from 20 feet to 10 feet on the side yard setback on the streetside corner of the lot. Comments, either for or against, said application must be filed within fifteen (15) days after the initial publication of this notice and shall be addressed to the 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 3034 East Tiber Drive is more particularly described as Lot 1 Block 6 of Messina Village No. 1, Meridian, Ada County, Idaho. Any and all interested persons are welcome and invited to submit dohiments. Dated this 2& day of July, 2004. William G. Berg, Jr — City Clerk 'PUBLISH 26"' of July, and 2"d of August, 2004 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 Thomas E. Cordery 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 3034 East Tiber Drive, Meridian, Idaho. The Applicant proposes a reduction of the required distance from 20 feet to 10 feet on the side yard setback on the streetside corner of the lot. 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 3034 East Tiber Drive is more particularly described as Lot 1, Block 6 of Messina Village No. 1, Meridian, Ada County, Idaho. Any and all interested persons are welcome and invited to submit comments. .'001% f 1ME�®��`� Dated this 2& day of July, 2004. William G. Berg, Jr — City Clerk _ SEAL PUBLISH 2e of July, and 2"d of August, 2004. i s1 • 0 Borup Construction, Inc. CW Construction, Inc. Mark R. Fishel 2250 North Meridian Road 1300 South Heidi PO Box 15731 Meridian, ID 83642-1601 Meridian, ID 83642 Boise, ID 83715-5731 Kyle and Leslie Henrie 3856 South Milan Way Meridian, ID 83642 Westrock Homes, Inc. 512 West Ashbourne Drive Eagle, ID 83616-6425 John Flaherty Construction, Inc. 6002 Franklin Road Boise, ID 83709 Serle Riverwood Homes, Inc. PO Box 344 Meridian, ID 83680 0 Valley Times AUG - 9 2004 P.O. Box 1790 Eagle, Idaho 83616 City of Meridian City Clerk Office LEGAL ADVERTISING PROOF OF PUBLICATION Account: l�-h of / ' 1 •e- C1 A lea h Identification: car n an < dminisjrator of the G1ty .gf Meridian an app 06,* f a �Valv.6r from during a period of ✓ 9 p Address. 3 3 Number Lines 31 Td o -Lo A -Ie • Run Dates: `7 - 2- f WI11Ch IS attached Mir, dl�n � fIgd-vuith the Zoning Administrator of n an < dminisjrator of the G1ty .gf Meridian an app 06,* f a �Valv.6r from during a period of ✓ 9 p L Number Lines 31 Attention: 31.46 Amount 2-j� , Q ( Other ij,- � 3 City of Meridian q'2•-04 Frank Thomason, beinq duly sworn, deposes NOTICE OF APPLICATION... .,ie Principal Clerk of r For Fence Waiver ;City, of Meridianispaper published at NOTICE IS HERESY GIVEN, NO*tCE OF; APPLICATION, Idaho; that the said For Weare Waiver n (te pursuant to tjie Ordinaoces:of the City 'r ` - rCUlatlOn In the S81d fth f vicinity of Meridian ctff ;Mendtan and a laves _o a Sate o , ldoho, that Tb0ntas,E. Cordery has DTICE 1S, 'HEREBY GIVEi�i,;.pursuanit 10 the OrdtuaLw6s,-of the City of and the. laws of the State of Idaho t Thomas CoCdery.has filed with een Uninterruptedly fIgd-vuith the Zoning Administrator of n an < dminisjrator of the G1ty .gf Meridian an app 06,* f a �Valv.6r from during a period of ✓ 9 p the City of Herb# an 4 application for cqjOrdinance regapcji, g hls Property.located of 3#1-Ea.st��b, er brive, ?kS prior to the first p a'Waiver from tlXe :Fes►4e„ dtitance re The-0plicant ,proposes s reduckion. of the regu}red distance from f WI11Ch IS attached ardin his ro stdsho. g g p pew 1a tedaS3'i� to IO feet on the aidsyard,�setbak ort"the streets'Cleorrlof the ilot. ? W8S published In Tiber_I)rive Mei7dian,tlo Tlfe ap plicant proposes a:re xotr of the ie- mments, either for,' aguixlst; al application njusf i"iiled viulbi l l -pen. s after the inJt}al pltblicatton of tars notice acid be addressed;to the th Section 60-108, quired distance from t t6,101.tdet ��- on the side yard setban an-"llie strreetside �sittl &,;:Zoning gepar ment clo 4Qn�ya=Allen Cit �4gX�r><d}an, 660 E. goer L11- Suxte 2Q2 Nteridian, I allo . If there urs jpertlrrer t and compel- for 2 time(s) 7f S21d paper, and P p , corner of the lot. ecUops filed withm ihe, tune alloyyed; the Zonmg Ad iulslrator may sched- Oper, and not in a Comments, either for or against n oil, the ;a ph ton t ice was published said application must be filed within fif `g, a property at 303,4,>1st Tiber;Drive is more par teu}arlytdgelabed,as Lot leollowing d t s: teen (15) days after the initial publics 'shall 6 of.Messina Villsge No, 1i M6 dian; Ada CouniryxrL }gi Z ZQ�Q tion of this notice and be addressed e and invited to stlbin Ay and all iterr:ttetl_ pelsops.are;welcamit comments. to the Planning &Zoning Department, ate ii this 20 _day of, July 2Q04. do Sonya - Allen, City of Meridian; ¢60 E. Watertower Ln., Suite ;#202, Metid- ian, Idaho. If there afe,Pertinent and r1Gam G Be. Jr - Gif3 erk-. . �' k Z 7 -AD O compelling- objections filedYivtthin .the. time the Zoning Administrator PUBLISH 26'" of J ulY afr<d 2°tstfAllguS1.2004 allowed, May schedule a hearing on the applica- tion. The property at 3034 Ea#.Tiber, STATE OF IDAHO) Drive is more particularly described as )SS Lot I Block 6 of Me4snia Village No. 1, �y, COUNTY OF ADA) Meridian, Ada Couriry Idaho." On this day of in the year of 2004 Any and all interested persons are before me, a Notary Public, personally appeared welcome and invited to submit coni- Frank Thomason, known or identified to me to be the person ments. Hated this 201 day of July icon. whose na is subscribed to a withi instrument, and be' by me first duly rn, d ared that the William G. Berg, Jr - City Clerk .�•f► � ment ein are true, an n0 ged to me that o h cuted the same. PUBLISH 26t1 of July, and,2"4 of SOT August 2004 a Notary Public for Idaho * pU«iG Residing at Boise, ID �,� My Commi Sion expires:„ 9 y'•.��' OF ill) �'