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Barno, Kirby
• CITY OF MIIZIDIAN 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) APPLICANT: 9~ I ~T~~ ~r-I ~~ ADDRESS: 3~'`/~ N. LdNU /~ ~AV U f~ ~~v/~~Yi PHONE: ~~ ~~ `~ ~ _ FAX: TrU~ Z~v~ ~g7 E-MAIL: r D ~ ~D~I>I~MD- ~~i~'l Gam' ~8 3/S-/23~ OWNER(S) OF RECORD (1F DIFFERENT FROM APPLICANT): ADDRESS: PHONE: FAX: E-MAIL: PROOF OF OWNERSHIP: (Copy of deed or option must be attached) 14T7"69Cff,~ NOTARIZED CONSENT OF PROPERTY OWNER (See attached Affidavit of Legal Interest) N~la LEGAL DESCRIPTION OF PROPERTY: LOT#~ BLOCK#,~ SUBDIVISION: ~SU/U.~i~'IN~G'~ PRESENT USE OF SUBJECT PROPERTY: ~l~l~~~ r-~ S /D~N~ ZONING OF SUBJECT PROPERTY: ~~~~~/~i/U7~q~- ~o. DESCRIPTION OF THE MIlVIMUM REQUIREMENTS OF THIS TITLE THAT NEED TO BE REDUCED TO PERMIT THE PROPOSED FENCE WAIVER? L~dYtffYttct fPgc~ lo' fi-a~m ~vtrperfi. / i n.e a. (~. q E . {f Pvi f,~P ~: Park z~ SCHEMATIC DRAWING: Attach drawing showing buildings, streets, & proposed fence. ~TI~~~D 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. IA ATTACH APPLICATION FEE OF: $50.00 H'7~7"~CN~~ h -~ ATTACH STATEMENT THAT FENCE IS ALLOWED UNDER THE RESTRICTIVE CO OF THE SUBDIVISION OR A COPY OF THE RESTRICTIVE COVENANTS PERTAININC~~O~1~~S. 1~~~,~ pF~ ?~0~ Gdr ~Id Applicant's Signature: O~~ G .--, .-. • Afler Recording I2cturn Tv: MS SV-79 DOCUMENT PROCESSING P.O. Box 10423 i (.:L :'l `- van Nuys CA 91410-0423 ''h•~ -. ~I'E~ , Prepared ]3y: _ _ ~ .. , CxNDY KOCH ' ~ CA' Y (Space Above This 11ue N'or 12ecotding data) L'TOS-9880 0001020404$906005 i&ecrow/Cloa~«.y YI [lloc ID M} DEED CaF TRUST MIN 1000157-0005052352-7 D~(NITIONS Words used in multiple sections of this document arc defined below and nthcr words nne defined in Sections 3, 11, 13, 18. 2U and 21. Certain rules regarding the usage of words used ui this docurnCUt are also provided ic1 Section 16, (A) "$ecur-ity lrzstru~ncnt" mCans this document, which iY dated JUws 0 2 , 2 O U 5 , tUgcthl:r with all R.idcrs to this dtx;umcnt. (1S) "BUCCOWCr" iS KTRDY D BARNO, AND L1°.UL~A A BRRNO, FIUSBAND AND WIE't:: Borrower is the u-uslor under this ScCtuity Inslrutuent. l (C) "Lender" is / Countrywide Mor_tgagP Ventures, LLC dba CBH Home Lcrans - Lcndcr is a LIMITED LIABILITY CORPORATION orl,ani-rcd a»d existing under the law8 of DELAwaRE - Lcnde~s address is 26050 Mureau Road, Suite ].01, Calabasas, Cp. 91302 (ll) "')ilrustee" is FTL'IELITY NAAIONAL TxTLE INSURANCE CO- P.O- BOX 32695, PHOENTX, AZ 85064 (k) "MLr1iS'• is Mortgage Electronic Registration Systems, Inc. MBI2S i5 a separate Corporation that is Licling solely as a nominee fvr Lender and Lender's successors and assigns. 11'JlE3tS ie the lxene5ciary under llus Security Inetrtunenl. MER5 is organised and cxisling under the laws of Aelaware, and has an address and telephone number of P.O.•13ox 2026, flint, MI 4$501-2026, tel. (888) 6T)-HERS. ($'~ "Note" means the promissory note signed by Borrower and dared JUNE 0 2 , 2 0 0 5 .The Nolc states chat Borrower owes Lender ONE HUNDiiED SEVF_.rvTY SIX THOUSAND FORTY and 00/100 IDAHO-Single FarrlHy-Fonnla Mae/Frsddle Mac UN1FflHM tNSTTiISMENT WITH IJIER$' Page 1 of 11 Inltlald: ~~ Ge~~•~' ~-+ - (~-gA(ID) (UOUS) GFII_ (OtT/00)(d) VHF' MORTG/~GE FORMS - (800)521-7291 Form 3013 1/0 ~/~ CONVlVA 2 3 9 9 1' 1 0 2 0 4 0 4 a 9 0 a o 0 0 2 0 0 e p. " ~l ~ !~~ 5 ~~ ~ ~~ fi ~ G ~ ~ • ~ ~`,~ ~ h ~ ~ ~~ 1 S.' F~ t G ~- 5 ~~ ~I ~~ G ~. ~~~~ 1~ ~~ ', 1~ H L f ~h~ l1 ~:~ .-~ ~-. • • I70C ID #: 017010209048906005 7Jullars (U.S. ~ 17 6, 0 4 0 . 0 0 )plus interest. Borrower has pcotnised tv pay this debt ;n regular Periodic I'ayrncntR acrd to pay the debt in full not later than JULY D 1, : 0 3 5 . (G) "Properly" means the property that is described below under the hCading "Transfer of Rights in the Property." (H) "iuan" means the debt evidenced by the Note, plus intcresc, any prepayment charges anJ ]arc charges due under LFtC Note, and all sums due under this Security Instrument, plus interest. (I) ")Hiders" means all Riders to this Security Instrument that are Czcuuted by Borrower. Tltc following Riders are to be ezeculOd by Aorrower [check box as applicablel= [~ Adjustable Rale Rider Q Condominium Rider S~;cond Home Rider O Balloon Rider ~ Pltulned Unit I?evcloprnent 1Zidcr 1-4 Family Rider [~ VA 12ider (~..J Biweekly Payment Ritter [~ Other(s} [specify] (J) "Applicahle Law" means all controlling applicable federal, stale and ltx;ai statutes, regulations, ordinances and administrative rules ;u-d orders (that have the efl~ccl of law) as wcl) as all applicable final, non-appealable judicial opiniunrs. (K) "Cotnmuoity AaHUa.ialion Dt-es, Fees, and Assessments" meanr~ all dues, fees, assessrncnts and other charges that are imposed on Borrower ur llle Properry by a Curtdorninium tts.4ocietion, homeowners association or similar organization. (L) "Ele~trpnie Funds '.Transfer" means any transfer of funds, other than a tmnsaclion originated by check, draft, or sitrtllar paper inRtrutnent, which is initiated through an electronic ler';Ininal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a finant:ial institution to debit or credit an account. Such term includes, but is not limitCd lo, point-oC-sale transfers, automated teller machine tl•1-nsactions, transfers initiated by telephone, wire u•ansfers, and automated clcaringhuu~sc transfers. (M) "F,scrnw hems" means those items that arc described in Scetion 3. (N) "Miscellaneous Pruceedq" means any Compensation, sctuement, awazd of damages, ur pru~cetls paid by any third party (other than insurance proceeds paid under the Coverages described in Scetion 5) Cur: (i) damage tu, ur destruction uf, dte Property; (ii) condemnation or other taking of all or any part oC the Property; (iii) conveyance in lieu of condemnation; or (iv) misreprC.scntations of, or otmsslons as to, the value and/or currdition of the Properly. l0) "Mortgage lnsurunce" means insurance protecting Lender againHt the nonpayment oC, ur default on, the T oan. (p) "keriodie Payment" means UtC rCgularly st:heduled amount due for (i) principal sort interest under the Note, plus (ii) any amounts under Seciion 3 of Utis Security Inslntment. ((~) "1Z1N..SYA" means the Real Estate Settlement Procedures Act (.12 1J.S,C. Seciion 2601 et seq.) and its implementing regulation, Regulation X (24 C_F.R. Part :i50Q), as they ms;~ht be amended from time to time, ur any additional or successor legislation or regulation that governs the same subject matter. As used in this SCCurily lnstruntcnl, "R135I'A" refers w alt requirements and restrictions that arc imposed in regard to A "federally related mortgage loan" even if the Load does cwt t-ualify as a "fedcrnlly related mortgage laar-" under RESPA. (R) "Successor in Inlere9t of Burrower" means any party that has taken title to the P-nperty, whether ur not that party has assumed Rurrnwcr's obligations under the Note and/or this Security Instrument. TRANSI~EK OF RIGHTS 1N'TI•IE PROPSRTX The beneficiary of this Security Instrument is MLRS (solely as nominee fur Lender :utd Lenders successors and assigns) and the Ruccessors and assigns Uf MERS. This Security J.nslrument secures to Lender_ (i) the repayment of the Loan, and all renewals, extensionR and modifications ol'the Nulc; end (ii) the performance of I3orrowcr's covenantR and agreements under this Security Instrurncnt and the Note. For this purpose, Burrower irrevocably granul anti conveys to 'ftvstee, in trust, will- power of Rte, the following described property located in the COUNfY Of ADA t'1'ypc of Recording Jurisdiction) tNarue Ot' Recording Jurisdicltonl ~~~A(It7) (poos) CHL (aa/oo) Pope 2 of 11 Inttla~a:_~%-~ ~~ Form 3py3 ~/ d 9~9R£t~9z~39 '°Ni6b ~ 7 l '1ST nb ~ ~, l 90u~ '. l PJ(1(' ((1H1} I~~ICi~~ • DOC zD #: 00010209p48906005 LOT 7 TN BLOCK 6 OE SUNDANCE PLACE SUBOTVISION NO. 2. ACCORDING 1'O 1'HE OFFICIAL PLAT TF1k1HL01', E'ILED IN BOOM 91 OF PLATS R7' PRG1=.3 1063© AND 10639 RECORDS OF ADA COUNTY, IDAHO. Parcel li] LVumber: rze 2 2 2 9 2 0 2 9 0 vrhich cur„ently has the address ctf 3892 N I,ONGABAUGH AVE, MERI4L'~N , (StreeUCityl Idaho 8 3 6 9 2 ("1?ropcrty Address"): ('LAt1 ~'VIICI TOGETHER Wl"I'H all Ute improvements now or hereafter erected on the property, and all casements, appurtenancCts, and fixtures now or hereafter a part of the properly. All replacements acrd additions shall also be covered by this Security Instrument. All of the foregoing is referred bJ in this Security Instrument ax the "Property," Borrower understands and agrees that MIIRS holds only Ic(;al title to the intCrests granted by Borrower in this Security instrument, but, if necessary to comply with lava or custom, 1vIERS (as nominee for Lender and LendCr'g succeasora and assigns) has the right: to exercise any or all of those interesui, including, but not !united to, the right W foreclosure and sell the PropCrcy; and to take any action required of Lender including, but no[ limited to, releasing and CancCling this Security Instrument, BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and Convey dte Pmpeaty and that the Property is uncncunlbered> except fur encumbrances of record. Borrower warrants and will defend generally the title to the f'rupc:rty against all claims and demands, subject to any encumbrances of record. THIS SECURITY LNSTRi3MENT r:uutttinerc uniform covenants Cor national uttc and non-uniform covcrtatllS with limited variations by jurisdiction to cunslitulC a Uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agrer; as follows: 1. Puyrncnt oC Principal, Interest, )N:scrow Itexne, Prepaymertl Clrurges, and Late Chargrs. Borrower shall pay when due the principal of, and interest op, the debt evidenced by the Nvtc and any prepayment charges and laic charges due under the Hole. Borrower shalt also pay !.'unds for Escrow Items pursuant to Section 3. Payments due under the !Vote and this Security Instrument shall be rr,ade in LJ.S. currency. However, if any check or other insU'umenl received by Lender a.9 paynr~cnt under the Note or this Security In~trtnncnl is returned W Lender unpaid, Lender may require that any or all subsequent payments due under' the Note and chit Security Instnunent bC made. in one or more of the foll:twi[tg forms, as sclcclCd by Lender: <a) ca.3h; (b) money order; (c) certified check, bank check, treasurer's eh.ek or cashier's check, provided any such cheek is drawn upon an in!sCitulion whose deposi~q arc insured by a federal agency, iuslrutnentality, or cnLily; or (d) Electronic Funds Transfer. :Payments are deemed rCCCived by Lender when received al the locatiuu designated in the Note or at such other location as may be designated by Lender in accordance with the ntr.ice provisions in Section 15. Lender may rcl,rrn any payment or partial payment if the payment or partial ps~ymenls are insufftcicnt to bring the Loan current. Lender may accept arty payment or partial payment insufficient to bring the Loart current, without waiver of arty rights hereunder or prejudice to its rights to ,refuse such payment or partial payments in tl,e future, but Lender is not obligated to apply such payments at the time such payments arc accepted, if each Periodic Payment is applied as of its scltcduled due date, then Lender aced not pay interest on unapplied funds. Lender tray hgid such unapplicd funds until Borrower makes p:~yment to bring Ute Loan current. If Borntwcr does not do so within a reasonable period of lime, Lender shall citJter apply such funds or return them to Borrower, If not applied Cartier, such funds will lte applied to the outstanding principal balance under the Nole immediately prior to foreclosure. No offset or claim which Borntwer 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 agrccmenta secured by this Security htsultment. 2. A,pphcalion of Yaymenld ur Proceeds- Except as otherwise dcsrribed in this Section 2, all payments accepted and applied by Lender shall be applied in the following trrdcr of priority: (a) interest due under the Note: (b) principal due under the Note; (c) amounts due under Section :f. Such payments shall be applied to each PerivdiC Payment in lhC order in whiClt it became due. Any remaining amounts shall be applied first to late charges, >;ecnnd to any othr"r amounts due under this Security Instrument, artd then to reduce the principal balance of the Notc. ~~-8A(ID) (0005) CHL (08/00) ~>a.Qe a of 7 5 Initials: ~ ~~/ r4~ Form 3013 1!01 ~ /~ E d 99':~~~b`~Z~89 '~PJ/6b: ~ l '1S,`09 ~ ~ l 90Uc a l Mi~i~~ ~;i~iH1~ D'J~d~ • f DOC ID ~: 00010204048906005 if Lender receives a payment from Borrower fora delinquent Periodic Payment which includes u sufficient amount to pay any late Charge due, the payment may be applied to the delinquent payment and the talc charge. If more thacl one Periodic Payment is uukstanrling, Lender -nay apply any payment ceceived from Borrower to the repayment of the Periodic Paymctrtfi if, ai-d to rile extent that, each payment can be paid in full. q'o the extent that any CxceRS exists aftCr the payment is applied to the Cull payrrrcnt of one ur rnvru Periodic Payments, such excess may be applied to ally late charges du... Voluntary prepayments shall be applied first W any prepayment charges and then as described in the Note. Any application oC payments, insurance proceeds, ur Miscellaneous 'mceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. )Hundfy fur escrow Items. Borrower shalt pay to Lender un the day Periodic Payments are due under the Note, until the Notc is paid in full, a sum (the "Ponds") to provide fur payment of arnounty due fur; (a) taxes and assessments and other items which can attain priority over this Security lnstrument a4 a lien or encumbrance on rite Property; (b) leasehold payments ur ground rents on the Property, if any; (c) prcrniucns for any and all insurance required by Lcndcr under Section 5; and (d) Mortgage Insurance premiums, if any, ar any sums payable by Borrower to Lcndcr in lieu of the payment of Mortgage insurance premiums in accorcianee with the provisions of Section 10. TheRC items ate Called "Escrow Items." At urigi-tation or al any time during ll+c tens of the Loan, Lender may rcyuirc that Community Association Dues, Fecs, and Afisessntents, if any, be escrowed by Borrower, and such dues, fcc;s and a:rsessmcnkc shall be an E.gerow Item. Burrower shall promptly furnish to Lender all notices of amounts to be paid under this Section, 13orruwcr slrall pay Lender the 1r~unds for Escrow Ilcros unless Lcndcr waiveR Borrower's obligation to pay lltc FundR for any or alt Escrow ltecnfi. Lender may waive Aurruwcr's obligation to pay to ::.ender Funds for any or all Escrow Itcma at any time, Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay diroClly, when and wlrCre payable, the amount.4 due fur arty Escrow filer lS for which payment. uT Funds has b¢cn waived by Lender arid, if Centres requireR, shall furnirfh to Lender receipts evidencing such payment within such time period as Lcndcr may require. Borrowers obligsUOn to make such payments arld to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, rrs the phrase "covenant and agreement" is used in Section 9. if Borrower is obligated to pay Escrow Items directly, pursutult to a waiver, and Lorrower fails to pay the atnourtl due for an J3serow Item, Lender may exercise iks righlfi under SecUOn 9 and pay such amount and Borrower stroll then be obligated under Section 9 to repay to Lender any suc11 etnounk Lcndcr may revoke d1e waiver as to any or all T?scn)w ilcrns at any time by a notice given in accordance with Section 15 attd, upon such revocation, Borrower shall pay to Lcndcr all Funds, and in such amount.4, that are then required under this Section 3. Lender ntay, at any time, collect and hold Funds in art amount (a) su ffiCient to permit Lender lv apply the Funds al the time specified under RESPA, and (b) not to exceed the maximum amount a lender c:ut require under itL~SPA. Lcndcr shall estimate the amount of Funds due on the 1)a81R of currcru dear and reasonable estimatex of expenditures of future Ee,crow Items or otherwise in accordance with Applicable Law. ThC Funds shall be herd in an inslilulion whose deposits are insured by a federal agency, insirurncn[ality, or entity (including Lcuder, if Lender is an instituliu-1 whose deposits azc so insured) or in any Federal kiomc Loan Bank. Lcndcr shall apply t11e Funds to pay the )~sCrow Items no Isles ll-an the time RpeciFtcd under RESPA. I-.ender shall not charge Borrower for holding and applying the i7undR, annually analysing the escrow account, ur verifying the E.gcrow Rents, unleRS Lender pays Borrower interest on the Funds and Applicable Law perrnitR Lender to make such 8 Cl1az$C. [1n-CRR an agreement is made in writing ur Applicable Law rCyuires interest to be paid on the Funds, Lender shall not lie required to tray Borrower a-1y interest or earnings un the Funds. Borrower and LCUder can agree in writing, however, lha~: interest shall be paid on the Funds. Lender nltall give to Borrower, without charge, ar- annual accounting of the Funds a[t require) by 12BSPA. If (here ifi a surplus of Funds held in escrow, as defined under RESJ'A, I,.cndcr shall account to Borrower for the excess funds in accordance with RESPA. if there is a shortage oC Funds held in escrow, as defined under RESPA, i_.enclcr Rl1al1 notify Borrower as required by RESPA, elld Borrower shall ,pay to Lender ltle amount necessary to make up the shortage in accordance with RESPA, but ir- no more than 12 monthly paytnentg. IC there is a deficiency of Funds held in ecerow, as dcGned under RBSPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Leader the amount necessary to make up the deliciency in accordance wiU1 RESPA, but in nu more than 12 monthly payments. upon payment in full vt' all sums secured by this Security L16Lt•unlent, Lender shall promptly refund uo Borrower any funds held by Lender. 4. Charger;; Liens. Borrower shall pay all taxes, assessmcnkS, charltGS, finefi, and imposiuanR aurit>utable to the Property which can attain priority over this Security Instrument, I~afiehold paymentx or ground rer-ts on the Yrvpcrty, if any, and Community Association Dues, Fees, and Asses'anenks, if any. To the extent that these items arc E,YCr'Ow ItcmB, Borrower Rhall pay them in [hc manner provided in Section 3. Bortvwer Rhall promptly discharge any lien which has priority over this Security instrument unless BorruwCr; (a) agrees in writing to the payment of the obligation secured by U-e lien in a manr-cr acceptable W ),ender, but only so long as Borrower is performing such agreement; (b) contaSGS the lien in $uud faith by, or defends against enforcement of the lien in, lelral prcrccedings which in i.cnder's opinion opccate to prevent tiro enforcement oC the lien while drone prucccdings are pending, but only until such proceedings are couCluded; or (c) secures Crom the holder uC the lien an agreement satisfactory to Lender subordinating the lien to this Security lnstrumcnt. If L.cnder determines that any part of the Properly iR subject to a lien which can attain -6A(iD) (OOOfi) CHL (08/001 Page a of 11 Form 3t)ia 1/0 ~~~ r d a~~~sr5za~ •~~r~~~~tr: ~ ~ ~LS;~o~: ~ ~ ~ouc G ~ r~~nr ~nHi~ i,~ioa~ ~-. DOC TD N: 00010204048906005 priority over this Security Instrument, Lender tray give Borrower a notice irtentifying the lien. Within IO days of tftc date on which that nolicc is given, Borrower shalt Satisfy the lien or take one or more of the actions set forth above in this SCClion 4. Lender may require Borrower to pay a orte-limC charge for a real Cscate tax verilicxtio,t and/or ncpurlir,g service used by Lender in connection with this Loan. 5. Propclrly linsura><~ce. Borrower shalt kcCp the impruvemcnts now existing or hereafter ereCk:d on the Property ingurec3 again3l IORR by tire, ha~arcls included within the term "extended Coverage," ar,d any other hazard9 including, but nut lirr,ited lo, earthquakes acrd ^oodR, for which Lender requires insurance. This insurance shall be maintained in the a,nounts (including deductible levels) and for the periods that Lender rCquirCS. What Leader rt:yuirCS purrluant to the preceding sentences can change during the ler,tt of the Luau. The insorancc Carrier providing the insurance Rhall be chosen by Borrower subject to Lender's tight to disapprove Borrower's choice, which right shall nut be exerciRed unreasonably. Lender may rcyuire 13orruwcx to pay, in connection with this Luan, either: (a) a one-time charge for klo~xl zone dete,Yninatiun, certiCeeation and hacking scrviceR; or (h) a one-time Charge for flood zone dctcrtnination and certificatiurt services and subsequent charges each titre rCmappingR or Rimilar changes occur which reasonably plight affect such deternunation or ccrtiGcatimr. Borrower shall also be reRponsible For the l,ayment uF at,y fete unposed by the Federal Hmcrgency Managerr[cnl 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 ,nay obutin insurance coverage, at L.endcr's option and Borrowers cxpCnse. Lender is under no ubligalion to purchase any particular type or amount of coveragc_ Therefore, such coverage shall cover l:.CntlCr, but might or might not protCCl Borrower, Burrowcr'R equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or IcssCr coverage than was prcviouRly in effcCC. Borrower acknowledges that the cost of the insurance coverage so obtained might signiGear,tly exceed the cost of insurance that Aorrower Could have ubtttined, Any amounts disbursed by Lender under U,is Section 5 shall tx:eome additional debt of Borrower secured by this Security Inslrunlertt. These amounl.4 shall bear interest at the Nole tale from the date of diRburRCment and shall be payable, with such interest, upon notice from Lcnd,:r to Borrower requesting payment. All insorancc pulicice required by Lender acrd renewals of such polio ies shall be subject to I.ender'R right to disap}yNve such policies, shall include a standard mortgage clause, a:rd shall Warne 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 alt receipts of paid premiums and renews} notices. If Borrower obtains any form of insut~trnce coverage, not otlterwisc required by Lender, fur damage to, ur deRUVCtion of, the Property, such policy shall include a standard mortgage clause and shall name l..ender as mortgagee and/or as an additional loss payee. In the cvertt of loss, Borrower ,shall give prompt police to the insurance carrier and Lender. Lender may n,xake proof of loss if not made promptly by Borrower. iJn1cRR Lender and Borrower otherwisC agree in writing, any insurancC proceeds, whethCr or not the uudcrlying insurarn;e was required by Lender, shatll be applied to restoration or repair Of the Property, if the resWraUOn or repair is eco[tuu,ically feasible and L.cndet's Recurity is not IesL[ened. During Isuch repair and reRloration period, Lender shall have the right w hold such insurance proceeds until Lender has had an opportunity to inRpect ~uCh Property to ensure the work has lx:en completed to la:nder's Ratisfaction, provided that such inspection R!iall be undertaken promptly. Ler,dcr may disbwse proccedR for the repairs acrd restoration in a single payment or in a series of proKrC3s payment-4 as the work is completed, Unless an agrcc,ment is made in writing or Applicable Law requires interest to he paid un such insorancc proceedR, Lender shall not Uc required to pay 1Turrower any iruereRt ur earnings un such proceeds. Pees fur public adjusters, or other third panics, retained by Borrower shall not be paid out of the insurartcc proceeds and Rhall be the sole obligation of Burrower. If the restoration or repair is not economically feasible or Lender's security would be 1CSSened, the insurance proceeds shaft tie applied to tYtc sums secured by Ibis Security Instrument, whether or not then due, with U,C excess, if any, paid to Borrower. Such insw-anec proceeds sha11 be applied in the order provided for in Secl ion 2. If Borrower abac,dons the Property, Lender may File, negotiate enc. settle any available insurance claim and related matters. TF Borrower dues uo[ nespund within 30 days to a nolicc from Lender that the insurance Cartier has offerCd to settle a Claitn, then Lender may negotiate and sctJe the claim. The 30-Jay period will begin when the notice is Kivcn, In either event, ur iC I.,crtder acquireR the PrupCrty under Section 22 ur otherwise, Bo[rowCr hexeby assigns to Lender (a) Borrower's rights to any insurancC proceeds in an arr,uunt not to exceed the amounts unpaid under the Note or this Security tnRtrvlnenk and (b) any other oC Borrower's rights (other than the right to any refund of unearned premiums paid by ]3orrowCr) under alt insorancc policieR covcriug the Property, insofar aR Ruch rightR are applicable to the coverage of the Property. Lender may use the insurance proceeds either w rot>a,ir or reswrc the Property or to pay amounts unpaid under the Note nr this Security Instrument, whethCr or not LhCn due. 6. Occupancy. Boc7owCr shall occupy, establish, and use the Yrop~.rly xs I3orrowcr'R principal residencC within 60 days after the execution oC this Security 1nRtrumenl and shall continue to occupy the Properly as Borruwer:s principal reRidence Cor at least one year after the dale of occupancy, unless Lender otherw,sc agrees in writing, which consent shall not be unrcaROnably withheld, or unless extenuating circumstanccR exist which are bcyo,td Borrower's control. ®® t;A(tD} laoos) cMt_ (uaroo} Playa 5 0( 11 Form 3at3 1! i ~/ 9 d 999~38h9~89 '~PJ/5~: Z l '1St 09 ~ c l 900c 9 l GJlli' ifiHli U~,i~:)8~ ,• DOC jD Ic 00010204046906005 7. I'rescrvlatiuu, Malnlenance and YroteeGon of the Yruperty; Inapeclions. Borruwcr shall not destroy, damage or impair the Property, allow the Property to detenuralc or commit waste on Use Property. Whether ur not Borrower is residi++g in the Property, $orruwcr shalt maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its Condition, Unless it is detcrminCd pursuant to Section 5 Lhat repair or restoration is not econo,nica{ly feasible, Borrower f;hall promptly repair the Property if damaged to avoid further deteriuratiott or damage. If insurance or condemnation t~roceeds arc paid in ccx-ncction with damage to, or the taking uf, lllc Property, Borruwcr stall be respun3ible for repairing or restoring the Property only if Lender has released proceeds for such purpt~ses. Lender may disburse proceeds for the repairs and restoration in a single payment or in a scrics of ?rugre:ss pay+nents as Utc work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore ttte Property, Borrower is not relieved of )3orrower's obligation Cor the wmpletion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspectiuus 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 inspoClion specifying such reasonable cause. S. ll•urruwer'q I~oari Application. BorrowCr shall be in defauh if, during the Loan application process, Borrower of any persons or entities acting at the direction of Borrower or with Borrowers knowledge or consent gave materially Calsc, misleading, or inact:urale information ur statements to Lender (or failed to provide Lender with material information) lrr CVt1,ICC11011 with the Luau. material represcntations include, but arm not limited to, t+epresentations CortCCrrting l~on'ower's occupancy of rile Property as Borrower's principal residence. 9. Yrnlection of Lendec's Interest id the Yropcrty anti R;ghta Under this Security Instrurrrenl_ 1f (a) Borrower fails to perform the covenants and agrecmen~s contained in this Security instrutncnt, (b) there is a legal procccding that might stgmftcantly affect Lender's interest in th<: Properly and/or rights under this Securiry Instalment (such as a proceeding in bankruptcy, probate, fi>r eondemnadon ur forfeiture, for cnforeement of a Jicn which may attain priority over Utis Security Insuuu-uut or to enforce laws or regulations), or (c) Borrower has abandoned cite Properly, 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 sec~lring antl/ur repairing the Property. Lender's actions can include, but arc not limited to: (a) paying any sums ticcurcd by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reaonable auorncys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secure) Position in a bankruptcy procccding. Securing the FropCrty includes, but is not limited to, entc;ring the Property to make repairs, chanKe locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have uciiities fumed cn or off. Although Lender miry lake action under this Section 9, Lender dues not have to do so artd is not under any duly or obligation to do so. Il is agreed that Lender incurs no liability for nut taking any or all actions authorized under this Section 9, Any amounts disbursed by Lender under this Section 9 shalt become additional debt of Rnrmwer secured by this Sceuricy instrument. Tt,usc; a,nouucs shall bear interest at the Nut s rate from the date of disbursement and shall bC payabiC, with such inter~CS[, upon notice from Lender to Borruwcr requesting paymelu. If this Security Instrument is tin a ICasehold, l3urYOwer shall comply wick all the pruvisiuus of the lease. If Borrower acquires fee title to p-c Property, the leasehold and Urc fee title shall not merge unless Lender agrees to the rncrgcr in writing. 111. l~ortgabc Insurarce. If T_.ender required Mortg:lKc Insurance a3 a Condition uC making the Loan, l~ornower shalt pay the premiums required to maim:tin the Mortgage Insurance in eCfcct_ lf, for any reason, the Jvlortgage Insurance coverage required by Lender ceases to be availablC from the mortgage insurer U,at previously provided such irtsuranec and Borrower was required lu make separately designated payments toward the premiums for Mortgage Insure+tce, Borruwcr shad pay the premiums required to ubtaiu coverage substantially cyuivalent lu the Mortgage Insurance previously in cfCect, at a cost substantially equivaletu to the cost to Borrower of Ute Mortgage Insura,tee previously in effect, from ai alternate mongage insurer selected by Lender. If substantially equivtrlent Mortgage Insurance coverage is nut available, Borrower shall continue to pay to Lender the amount of the separately designated payments ttlal were due when the insursutcc coverage ceased to bC in effect. Lender will accept, use ar-d retain these paymenUt as anon-refundable Ions reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwitlrstauding the fact that the Loan is ultimalCly paid in full, and Lender shall not be required to pay Burrower any itttcrest or earnings on such 1033 reserve. I,endcr can no longer require loss reserve payments if Mortgage lnsurancc coverage (in the amount a,-d for the period that Lender requires) provided by an insurer seleclat by Lender again becomes available, is obtained, and Lender reyuires separately riecignated paymcn:s toward the premiums for Mortgage Insurance. If Lender reyuired Mortgage Insurance as a condition of making the Loan and Borrower was reyuired w make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the prcmiurns reyuired to maintain Mortgage Insurance in effect, or to provide anon-refundable loss reserve, until Lenders requirement Cor Morcgagc Insurance cods in acconiance with any written agreement between Borruwcr and Lender providing for such ternri»ation or until termination is reyuirr:il by Applicable i.:lw. Nothing in this Section 10 affects Borrower's obligation to pay interest at ltrC rate provided in the Notc. -6A(fO) (0005) GMI_ (081x0) Peso 6 of S 1 Inluala: (~~,(/~ Fomt 3013 ~1~ d ~~~asr~~~~ •~N;~~~: ~~ ~ ~lsr ~~: ~ ~ 5ro~ ~~ ~ r~nr snHl~ ~~~,ioa~ ~. • • DOC ID 11: 00010204048906005 Mortgage Insurance reimburRes l:.ender (or any entity that purchaseR the Nule) for certain lasses it may incur if Borruwer tloe8 not repay the [.van as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurors evaluate their total risk on all such insurartcc iu forte from time to time, and may cater into agrccmerus with other parlicR that share or mtxlity their risk, or xeduCe loRSes. These agreements are vn terms and conditions that are satisfactory to the mortgage insurer and rite other party (or parties) to these agreements. These agrccmcatts may require the morlgagC 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 rcinsurer, any other entity, ur any affrliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might he charxcterizcd as) a portion of $orrower's payments for )\lurlgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing fusses. I ~ Ruch agreement provides that an affiliate of )L.ender takes a share of the insurer's risk in exchange for a share of the premiums paid to cite insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that IiorrnwE>r has agreed to pay fur Mortgage Insurance, ur any other terms of tlae Loan. $uch agrccroents will not iu><crcase the amount Borruwer will owe [ur Morlguge I^^burancer and they will nut entice Borrower to any re,[und. (h) Any such agreements will not af[ect the rights Borruwer leas - it any -with respect to tt^c MorlKuylc Insurance under the I3umcuwners Protection Act uC ].Y98 vl' any other law. 'These rights may inEClude the right ttr rtxeive certain disclosurca, to request and uhl;un cancellation of the Mgrlgagc Insurance, to hove the Mortgage insurance Eer^ninated aulomaticully, and/or. to receive a refund v[ any Mortgage Insurance p;emiu^ns that were unearned at We lime oT such cancellation or lcrmination. 11. Assignment u[ Miscellaneous 1'rucccds; For[eilure. All l~[iscellaneous Proceeds are hereby assigned to and shall be paid to Lender. if the Property is damaged, such MiscellartcouR Proceeds shall bc: a~,plied to restoration or repair of the Property, if the restoration or repair is economically feavblc and Lcnder'R ;;ecurily iS not lessened. During such repair and restoration period, bender shall have llte right to hold such Miscellaneous Proceeds call I Lender has had an opportunity to inspect RUCII Property to ensure the work has bCCn completed to Lender's satisfaction, provided that such inspection shall be undertttken promptly. Lender may lay for the repairs and restoration in a single disburRement or in a series of progress payments as the work is completed. Unless an agreement rs made in writing ur Applicable Law requires intcn:st to Ue paid on such Miscellaneous Procc.~s, Lender shall not be required to pay Burrower any interest or coatings on such Miscellaneous 1?rocccdY. IC die restoration or repair is not economically feasible or Lender's security would be -essened, the Miscellaneous Proceeds shall be applied to the sums secured by thin Security Instrument, whether or not then due, with the excess, if any, pa[d w Borrower. Such MisccllaneouR Proceeds shall be applied in the arses provided Cor in Section 2. In the event of a total tak;r~g, destruction, ur loss in value of the Property, the Miscellaneous I'rocccds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid w Borrower. In the event of a partial lakiag, destruction, ur loss in value of the Pryal>'erty in which the fair market value of the Propcny immediately before the partial taking, destruction, or los,; in value is equal to or greater than the ;amount of the sums secured by this Security ingtrument immediately ?~cCorc the partial faking, destruction, or loss in value, unleRR Borruwer and Lender otherwise agree in writin;;, the sums secured by this Security Inslrurnent Rhall be reduced ay the amount oC the Miscellaneous Proceets nwltiplied by the fpllowing fraction: (a) the wlal amount of the sums secured immceiiatcly before the partial taking, destruction, or loss in value divided by (b) the fair market value vC the Property immediately before the pnrtiul taking, de>;wction, or loss in v:tluc. Any balance shalt be paid to Borrower. In the event of a partial,taking, destruction, or Toss in value of the Property in which the fair market value of the Pmperiy immediately before the partial taking, destruction, or loos in value is less ilrart the amount of the sums secured imrnecliaicly before the partial taking, dcstructiurr, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceede shall be applied to the sumR secured by this Security Instroment whether or not the sums are then due. If the Property is abandoned by Burrpwer, or if, after notice by I-~.nder to Borrower ttrat the Opposing Party (as defined in Ute next sentence) offers to make an award to settle a claim for damages, Borrower fails; to respond to Lender within 30 days aQer the date the notice is given, L.ernler is authorized w collect and apply the MiscellaneouR Prtn:eeds either to restoration or repair of the Property or to the sums secured by this S'ccuxity Instrument, whether or not then due. "Opposing party" means: the third party that owes kurrower Miscellateous Proceeds or the party against whom Aorn~wer has a right of action in regard to Miscellaneous Proceeds. 13orRlwcr Rhall be in default if :ray action or proceeding, whether civil or crimiraal, is begun that, in Lendet'R judgment, could result in fvrCCiture of the Prolx:rty or other materiat impairment vC Lender s interest in the Property or rights; under ibis Security Instrument. Borrower eau care such a default: and, if acceleration has occurred, reinstate as provided in SCClion 19, by causing the action ur proceeding to lje disrrlis~ed witl'1 a ruling that, [n I,endcr'R judgment, precludes Forfeiture of the Property or other maleria[ irnpainnent of Lcudefs interest in the Property or rights under this Security Instrument. ThC proceeds of any award or claim for danrageR that arc attributable to the impairment of Lcndcr'R interest in the Property are hereby assigned and shat[ tre paid w Lender. ~~ 6A(ID} [coos) CHL (08/00) vie ~ of i r InEtlals:l~~~ ~~is~ ~f~ Form 3018 1s 1.f 7~ d 9998Eb9Z89'~PJ/h~:~l'1Si15~%l 9[1L1G 9l PJ(1f(.(?H1`; bti0~~~ i~ DOC ID k: 00010209098906005 All Ivlisceliartcous Yroceetsc afar are not applied to restoraliurl or repair of the Property shall be applied in the order provided for in Section 2. X2. liurrowcr Not Released; Forbearance 13y Lender Not a P~aiver_ Extension of the time Cor payment or mocsiticatiun of atl-urtiration of the sums secured by tills Security lnstrvmeuc granted by Lender tp Burrower ur any Successor iu interest of Burrower shall not operate to release the liability u( Borrower ur any Successors in Intcre,4t of Borrower, Lender shall uol be required to a)mmctlCe proceedings against arty Successor in Interest of Borrower or to refuse to extend time for payment ur otherwise modify atnurtication of the sums secured by thin Security Instrument by season of any demand ms~de by the original Burrower or any Successors in Interest of Burrower, Any forbearance by Lender in cxerci;oing any right or remedy including, without limitation, Lenders acceptance of paymenlls from thud persons, .stifles or Successors in Interest of Borrower or in atnoun44 Icas than the a,nuunl then due, shall not he a waiv~;r of or preclude the exercise of any right or remedy. 13. ,ioint and Several Liability; Co-signers; tiueeeseors and Alavigus 23oerrrd_ Borrower covenants and agrees that Borrower's Obligations at-d liability shall be joint and sew;ral, However, any I3orrowcr who co-signs this Security Instrument but does not exer;utc the Note (a "cu-signer"): (a) is Co-signing this Security Irtstrutnent only tU nlorlgage, grant and convey the co-signer's interest in t}tc Property under the terns v[ this Scc;urity lnstrurnent; (b) ig not personally obligated to pay the sums secwed by this Security Instrument; and (c) agrees that Lender and ar,y uthrx Borrower can agree to extCriai, modify, forbear or make any accommodations with regard [o the terms oC this Security Instrument ur the Mule without the cu-signer's consent. Subject to the provisions of Section 1$, any Successor in Interest of Borrower who assutmcs Borrower's obligations under this Security Instn,meut in writing, and is approved by i,cndcr, shall. obtain all of Borrower's rights and benefits under this Security Instrument. Burrower shall not be relcasecl from Borrower's obligations and liability under this Security Iusuvment unless Lender agrees to such rtiaease in writing. The covenants and agreemen4s of this Security Instrument shall bind (except as provided in S~=etiou 2O).and beneCrt the succcseors and assigns of Lcndcr. 14, Loan Charges. Lender may charge Borrower fees Cor ecru ices performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rigtrts under this Security Instrument, including, but not limiters to, attorneys' fees, property inspceUOn and valuation fees. In regard to any other fees, the absc,rcc of express authority in this Security ]nstn,merlt to charge a specific fee to Borrower shall nut lx: cousuved as a prohibition on the charging of such fcc. Lender may not charge fees shat arc expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sCl.4 maximurn loan charges, acrd first law is finally inlerp+•ctcJ so that the interest or other loan charges collected or to be collected in eunnectiun with the Lua,t exceed tF,c permitted IimiLR, then: (a) any such lean charge shah be reduced by the strrrounl necessary to reduce the charge to the permitted limit; acrd (b) any sums already collected from Borrower which eacecded perrnilled limits will be refunded to Borrower. Lender may choose to make this refund by re lacing 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 (wL~ther or nut s prepayment ehru•ge is provided fur under the Nole). Borrower's acceptance oC arry such refund made by direct payment to Borrower will constitute a waiver oC any right of action Borrower might have arising out of such overcharge. 15_ Notices. All notices given by Borrower or Lender in connection with this Security Listrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to I3urrowcr when mailed by First class mail or wtrcn RCb1a1Fy delivered to Borrower's notice address if rx:nt by other means. Notice to any one Borrower shall constitute notice to Rll Borrowers unless Applicable Law expressly requires uttlerwise. The notice address shall be the Property Address unless Borrower has designatstl a substitute notice address by notice to Lender. $orruwer shall promptly notify Lender of Borrower's change oC address. If Lcndcr specifics a procedure 1'or reporting Borrower's change of address, then Rormwer shall only report a change of address through that speeilied procedure. There may be only one designated notice address under this Security Instruntcnt at any one time. Any notice to Lender shall be given by delivering it ur by mailing it by first class mail to L.ender's arldress stated herein unless Lender has designated another address by notice to Borrower, Any notice in eonnectiun with this Security Instrument shall not be deemed to have Ix:cn given to Lender until actually reccivcrl by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement wits satisfy the corresponding requirement under this Security instrument. 16_ Govccning Law; Severability; Rules of Cor>,vtructiun. '!'his :security Instrument shall lx: governed by federal law and the law o£ the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument arc subject. to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to Agr'CE. by contract or it might be silent, but such silCnce shall not be cunYlrued as a prohibition against agreement by contract, In the event that arty provision or Clause of this Security Instrument ur the Nutc eonflic4Y wish Applicable Law, such conflict shall not affCCt other provisions of this Security Instrument or dre Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) wurtle3 of the rrlaACUlinc 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 surd vies versa; and (c) the word "may" gives sole discretion without any ubligauon to t~ak~ey~.aynyy ~~6AllD) luaus) CHL (oaloo) Paris 8 of s 1 dorm 3013 1/a / ,,, ,.~ a d ~~S~~Er~~a~ ~~r~~%Fti:,~~ ~lsr~~~:~~~ 500 ~~~ r~nrtr~Hl; iri~~~~ ~ i DOC ID #: 00010204098906005 17. I3urrower's Copy. Borrower shat) be given one copy of the Note and of this Security Instrument. 18. Trungfer oP lire )E'roperl.y or a Bcnclicial Lfleresl iu $urrt. wer. As used in this Section 18, "Interest in the Property" means any legal or bcncfrcial interest in the Pro)reny, including, but rrvt limited to, those beneficial interests transferred in a bond for deed, contract for decd, installment sales contract ur escrow agreement, the intent of which is Ufe transfer of title by Borrower at a future date to a purchaser. If all or any part oC the Property or any Interest in Urc Property is sold ~r transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or trsnsferrccl) without Lender's prior written conKeut, Lender may require immediate payment in full of all sums se[:urcd by this Security Instrument. However, this option shill trot be exercised by Lender if such ezCrciric is pcv>hibited by Applicable Law. tl' Lender exercises ttri3 option, Lendec shall give Borruwer nulice of acceleration. The notice r;hall provide a period of not less than 3U days Crom the date Ure notice is gi•~en in accordance with Sectiun 15 within which Borruwer must pay alt sums secured by this Security lnstrur,ient. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies per-rniucd by this Security Instrument without Further notice or demand on Borrower. I•l. IS[frrower's Bight to lieirr8tute After A,ccclerrfliun. If Borrower meet3 certain cunSiitions, Borruwer shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (aj five days before sale of the Property pursuant w ar-y power of salt contained in thin Sccuriry Instncntent; (b) such tither period as Applicable Law might specify fur the tertninatiort of Borrower's right to reinstate; or (c) entry of a judgment enforcing UriS Security Instrument. Those conditions are that Borrower: (a) pays Lender all auras which then would be due under this Security Inswment and the Note us if no acceleration had occurred; (b) cures any default of any tither covenants ur agreements; (c) pays till expenses incurred in enforcing this Security Ltslrument, including, but not limited to, reusunablc attorneys' CceR, property inspection and valuation fees, and other fees incurred for the purpose of pruleeting Lender's; interest in Ole Property and righL4 under this Security Instrument; and (d) takes sut:h action ak Leader may rCakonably require to ussurc that Lender's interest in the Prupcrty and rights under this Security lvstrument, and Borrower's obligation to pay the sums secured by [hie Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatcmcnt sums and expenses in one or more of the following Corrns, as selected by Lender: (n) cash; (b) money order; (c) certified check, bank check, treasurer's check ur cashier's check, provided carry suc13 check is drawn upon an institution whose depu:,ilr; arc insured by a Cederal agency, inSlrvmentality ur entity; or (d) Electronic Funds; 'transfer. Upon reinstatement by Borruwer, this Security Instrument and obligations secured hereby shall remain fully effective 3s if no accclcratiou had uc:curred. However, this right to roinstate shrill not apply in the case of acceleration under Sectiun 18. 2U. Sale of NUIe; Charge of Irotln Servicer; NuWce of Grievttece. The Note or a partial interest in the Note {tugethcr with this Security Insuvrnent) can be sold one or more times without pour notice to Burrower. A sale might result iu x change in the entity (known as the "Loan Servie~r"} that collects Periodic Payments duo under the Note and this Security Instrument and performs other mortgabc loan servicing obligations under the Note, this Security lnslrument, ar[d Applicable Law, There also might be one or more chanties oC the Loan Servicer unrelated to a sale of the Nute. IC there is a chactge of the Luau Servicer. Burrower will be given written nuGCC of the ch~rnge which will state the Warne and address of the new Loan Servicer, the addn;ss to which paymentR should be made and any other information 12PSPA rey wires in cunneel9on with a notice of transfer of servicing. If the Note is Sold and thereafter the Loan is servicrd by a Loan 5erviccr other thtur the purchaser of the Note, the mortgage Juan servicing obligations to Borrower will remain with the Loan Serviccr or be transferred to a succcshor Lean Strutter and are not assumed by i.hc Note pun:haser unless otherwise provided by the Nole purchaser. Neither Burrower nor Lender may commcncC, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other par ry's actions pursoacrt to this Security instmment or that alleges that the tither party has breached any provisiuu uf, or any duty owed by reason uf, this Security Instrument, until such }3urrowcr or Lender has notiltecl Use tither party (with such notice given in compliance with the requiretnents of Section 15) of such alleged breach and afforded the other parry hereto a reasonable period aCtcr the giving of such notice to take corrective action. If Applicable L:cw provides a time period which must elapse before certain action can be taken, that time period wit! be deemed to be reasonable for purposes of this paragraph. 'The notice of acceleration and oppurtunil_~ to cure given to Borruwer 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 Subsluneer-. As used in this SeClion 21; (a) "Harardous Substances" arc those substances defined as toxic or htfzardous substances, pollutants, or waFtee by I/nvironmcntal I..aw and the following substances: g:utoline, kerosene, other flxrnmable ur toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, [fad radioaetivc materials; (b) "Environmental Law" means Cederal laws and taws of Qre jw•isdiction where the Property it; located that relate to health, safety or environmental prutecUOn; (c) "Hnvironmental Cle;tnup" includes any response action, remedial action, or rCCnoval action, as del5ned in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an E:tvironmenlal Cleanup. torrower shall not cause or permit the presence, use, disposal, storage, or releusc of any H8vardous Substances, or threaten to release any I3azardous Substarfccs, on or in the: Property. Burrower shall not do, nor allow anyone else to dam, anything affecting the Property (a) Utae is in violation Uf any Environmental Law, {b) which creates an Environmental Condition, or (c) which, due to the presence, uSC, or release of a Hazardous ~,®-6A(ID) («~05) CHL (os/oo) Pie 9 of f 1 Form 3Q~ 3 1101 ~/~ d ~~9as~~~aG ~~~ws~: ~ ~ ~ls,~~~5: ~~ i ~r~r~z ~ ~ r,inr tnHl; w~_~a~ _--. • • DpC ID #: 00030209098906005 Substance, creates a condition that :rdverscly affects ltte value of t#te Pmperly. The Preceding two sentences sltall not apply to the prc:x:nce, use, or storage on the Property of small quantities of 1•laz:trdous Substances that are generally recugnizeci to be appropriate to norms) residcutial uses tend to maintenance c~C the Property (including, but not limited to, hazarclous substances in eoasumer products). Borrower shall promptly give Lender written nonce of (a) any investigation, claim, demand, lawsuit or other action by any governmental nr regulatory agency ur private parrs involving the Properry and any Hazardous Substanec or Environments) Law of which Forrower has actual knowledge, (b) any Environmental Condition, including but not limited tu, any spilling, 1Calcing, discharge, rclcaSe or thrrat of release of ar~y Hazardous Substanec, and (e) ony condition caused by the presence, use or releaxe of a idrrzardous Substance which adversely affects the value of the Properly. If Borrower learns, or ; s notified by any governmental or regulatory authority, or arty private party, that any removal or otlrGr remediatiun of ar,y I•IazatYious Substance affecting the Property is necessary, Borrower shall Promptly take all necesr,ary remedial actions in accordance with Environmental Law. Nothing herein shall crcato any oblilration on Lcrder for an Environmental Cleanup. NON-iJNIF012M COVENANTS. Borrower turd Lender further covenant and agree as follows 22. Acceleration; Iternedics. Gentler shall give oulice to Borrower prior to acceleration following 13urrower's breach of any covenant ur agreement in tlria Securlt;~ Lnstrwnettt (but nut prior to acceleration under $ection 18 unless Applicable Luw provides utltcrN~iae). '1'lte notice sltall specify: (a) the default; (b) the action required to cure the default; (c) a dole, not less than 30 days frmn the date the notice is given to Borrower, by which the default mu.9t he cured; and Id} that failure to cure the default un or before the date specified in tltc notice rosy result in ncceleratiun of the sums Secured by this Security Lrstrument and sale of the Property. The notice shall ltitrtlter• inform Borrower o[ the right to reinstate a['tcr acceleration and the right to bring a court action to ar~tert the non-existence of a dcfuull or anv offset defense of Borrower to acceleration and salt. If ttte det,tult is nut cured otx or before lbe date specified in the notice, Lender at its uplio,l tmay require immeiiate payment in 19x11 of all awns xecured by Utis Security lnstrttment without further detnaud and may invoke the power ut sale and nay other remedies perrtiiillcd by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in tilts Section 22, including, but nut limited to, reasonable atturncya' fees and cosh of title evidence. U fender invokes the power of sale, Gender shall execute ur cause: Trustee to execnlc written notice of the occurrence of un event of dcfuull and of Lender's elecGun to cause the Properly to be sold, and shall cause Suclt notice Lu be recorded ia, cuch rnunty in which an~~ part of rite Property is located. Lender or Truxice sltall mail cupie8 of the notice as prescribed by A)rplicuble Law to Burrower and to other persons prescribed by Applicable Law. Truslati sltall give public notice of sate to the persorv9 and itt tltc manner prcacribcd by Applicable Law. Alter tltc time required by Applicable Law, Trustee, wiUruut dunand on Borrower, sltall sell the Property at public auction to llte highest bidder at tltc Lime and place and under the terms designated :n the notice of sale in one ur more purcele and in nny order Trustee dclcnninc~. 1'rustcc may postpone sale oP all ur soy p,,rcel of Llxc Properly by public annuuncernent at the U,ne ~ and place of any previously sclrealuled sole. Gender ur ih designee may purchase the Properly at auy sale. Trustee shall deliver to Ute purchaser Trustee's deed conveying the Property without any covenant ur warranty, expressed ur implied. The recil.als in the Trustee's deed Filrall be prima facie evidence of We lr'utlt Uf the stutemeuls made therein. Trustee shall apply the proceeds of ate sale iu the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all stuns Secured by thi8 Security Irt_9trumenl; and (c) any excess W the person or persons legally entitled W it. 23. Hecouveyance. Upon payrt-enl of all sums secured by this Security lnstrumcut, Lender shall r>ryuer~t Trustee to reconvcy the Properly and shall surrender this Security lnstntment and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or penurrs legally entitled to it. Such person or persons shall parr any recorctatinn costs. Lender nray charge such person or persons a fee for rcwnveying the Property, but cols it' the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is pcmtitled under Applicable Law. 24. Substitute Trustce. Lender rosy, for any reason or cause, from Bute to time remove Trustee and tappoinr a successor trustee to any Trustee appointed hereunder. With~~ut conveyanec of the Property, the successor trustee shall succeed to all the title, power and antics conferred upon Trustee herein and by Applicable Law. 25. Ares a„d Location of Property. Either the Property is not moo: than 40 acres in area or the Property is located within an incorporated city Or village. -l3A(ID) (0005) CHt_ (1~/00) Page ~O c~ i ~ tnn~a~e:-~ ~~,f7 Form 9ot3 1/01 ~.- .~ r //~' Ol d 9~'~8Eb9~89 '~N/6b: Z~ L 'l~~'~~y~ ~ l g[~p~~ 9! Nflh i:flHli ~^J~"~8~ DOC LD #: 00010209098906095 i3X SiGt~IING BF_LpW, Borrower acccp~s and agrees to the terms and covenants contained in this Security instrument and in atty Rider executed by Borrower and recorded w th it. Witnesses: K IF2J3Y ll. SAEtNO _ (Seal) Dnrrowor STATE QF IDAHp, On this ~' y of /Gl~~/ ~G1Gv~~/Cv ~ ~J~S~I:~-~~ pei~sonatly appeared ~~~ f ~ ~~~'~~ known or proved to me to be the person(s) who executed Lhe foregoing irtslrirmenl, and acknowledged W me that he/she/they executed the same. In witness whereof I have hereunto set my hand and aflixed my official seal Ute day and year in this certificate first alx~ve written. Notary Public rcri•Sing at,A~/~~ /~ ~UCINDA B. SCHF~ACiC ~ ~~~~~f~-~ .NOTARY PUBLIC Y STATE ~JF IDAHQ -GA(iD) (0005) CHL (Oa/00) Pege ~ 7 or t s _~ (Seal) A n A . BARNO FOR°'"' -~ ~~~ (Seat) -Borrower (Seal) -Borrower C~Q'1~.~ Cuunty ss: ~l~D.:~ ,before me, a Notary Pu blie in and for said county and stale. i.,wais:,2 / Form 301~i~Q~~ /~ l L d 9998Eb5~82 '°PJiF~b ~ ~ l ~15;~'~9 ~' l 900 4l fJ~li-' (f1HlJ I~V~J~J~ ACKNQWLEDGEMENT -ATTORNEY IN FACT State of Idaho County of Ada On this day of 3 of )une , in the year 2005, bef ire me the undersigned, a notary public, personally appeared Kirby Barno, known or identified to me to be the person whose name is subscribed to the within insCrument as the at'~omey in fact of Laura A. Barno and acknowledged to me that he subscribed the name Gf Laura A. Barno thereto as principal, and his own name as attorney in fact, LUCINDA B, St3Hi~K :NOTARY P 9 TAT,E Ol` )pygHp r ~ ~ Notary Public Residing at: Boise, IU Comm Exp: 0/01/06 PLANNED UNIT' UEVEL~PME:NT RIDER After Recording f~eturn To: MS SV-79 DOCUMENT PRpC1;SSTNG P.p. Box 10423 Van Nuys, CA 91.9 J. 0--0423 Prepared By: CINDX tCOCH L'1'05-9880 00010204048906005 [EsC~ow/Closing #] [Doc ID #J THIS PLANNED UNIT DEVELOPMENT RIDER is made th s SECONk? day of JUNE, 2005 ,and is incorporat©d into and shall be deemed to amer+d and supplement the, Mortgage, Deed of Trust, ar Security 17eed (the "Security lnstn~ment") of the same date, given by the undersigned (the "Borrower") to secure Borrower's Note to Countrywa.de Mortgage Ventures, LLC cjY.~a CB;~f Home Loans (the "Lender") of the same date and covering the Property descrit~ed in the Security Instrument and located at: 3842 N ZONGABAUGH AVi, MERIDIAN, ID 83642 [Property Address] The Property includes, but is not limited to; a parcel of land imprcived with a dweldng, together with MULTISTATE PUD RIDER - Sing16 Family - Fannle Mae/Freddte IIAac UNIFORM INSTRU~M~I~E,N,.i. ~~ G~ -7R (0405) CHL (06/04)(d) Page 1 4f 3 Initials:~L,.L VMP Mortgage Solutions, Inc. ($00)521-7291 Form 3y 50 1/01 )~~ ~~~J ~~ ~nir ~~~~,~nnuuu i l d ~~~~s~~~~4 ~~Nisti: ~~ l ~lc, z~~: ~ i 5uo~ ,a i wnr ;nHl) ;.~,ia~~~a DOC TD #: 00010204048906005 other such parcels and certain common areas and facilities, as dese~ibed in 'THE COVENANTS, CONDT'llONS, AIVL~ RESTRICi'TON,~ I!'I"LED Off' RECORD THAT AE'1= ECT TILE i'):'20PERTY (tho "Declaration"). The Property is a part of a planned unit development known as SUNDANCE SCJB OWNERS' ASSOC. [Name of Planned Unit Development] (the "PUD"). The Property also includes Borrowers interest in the homeowners association or equivalent entity owning or managing the' common areas and facilifies of the PUD (the "Owners Association") and the uses, benefits and proceeds of Borrower's interest. PUD COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agro© as follows: A. PUD Obligations. Borrower shall perform ail of Borrow~3rs obligations under the PUD's Constituent Documents. The "Constituent Documents" are the (i) Declaration; ({i) articles of incorporation, trust instrument or any equivalent document which creates the owners Association; and (iii) any by-laws or other rules or regulations of the Owners AssoCi~;tion. Borrower shall promptly pay, when due, ail dues and assessments imposed pursuant to the Constituent Documents. B, Property Insurance. So long as the Owners Association m ~lntains, with a generally accepted insurance carrier, a "master" or "blanket" policy insuring the Property which is satisfactory to Lender and which provides insurance coverage in the amounts (including deductible levels), for the periods, and 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, then: (i) Lender waives the provision in Section 3 for the Periodic, Payment to Lender of the yearly premium installments for property insurance on the Property; aril (ii) Borrowers obligation under Section 5 to maintain property insurance coverage on the Propert7 is deemed satisfied to the extent that the required coverage is provided by tho Owners Association p~~licy. What Lender requires as a condition of this waiver Can change during the term of the icon Borrower shall give Lender prompt notice of any lapse in required property insurance coverage provided by the master or blanket policy. to the event of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the Property, or to common areas and facilities of the PUD, any proceeds payable to Borrower are hereby assigned and shall be paid to Lender. Len~~er shall apply the proceeds t0 the sums secured by the Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to insure that the Owners Association maintains a public liability insurance policy acceptab{e in form, amount, and extent of coverage to fender. D. Condemnation. The proceeds of any award or claim far damages, direct or consequential, payable to Borrower in connection with any condemnation or other taking of all or any part of the Property or the Common areas and facilities of the PUD, or for any conveyance in lieu of Condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shalf be applied by Lender to the sums secured by the Security {nsirument as provldecl in Section 1 i. E. 4ender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (i) tl~e abandonment or termination of the PUD, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty ar in the Case of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the "Constituent pocuments" if the provision is for the Initials ~~ -7R (0405) CNL (06/04) Page 2 of 3 Form 3150 '1/O~ /_~~ r~ r ~ d ~~~~aas~~~a9 ~~NfEr: ~ ~ ~is; s~: ~ i 5uoc ~ ~ r~nr ~nNl? ~+i~~~ • nc>C; lU #: 00010204048906005 express benefit of Lender: (iii) termination of professional management and assumption of self-management of the Owners Association; or (iv) any action which would have the effect of rondortng the pubfie liability insurance coverage maintained by the owners Association unacceptable to Lender. F. Remedtes_ If Borrower does not pay PUD dues and assessrn©nts when due, then fender may pay them. Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Security Instrument. Unless i3prrower ar~d Lender agree to other terms of payment, these amounts shalt bear interest from the date of disbursement at the (vote rate and shall be payable, with interest, upon notice from Lender to $orrawer requ~35ting payment. BY SIGNING BLOW, Borrower accepts nd agrees to the term~~ and provisions contained in this PUD Rider. (Seal) KIRk3Y D. $ARNO - BOrruw@r (Seat} rrower (Seal) - Borrower (Seal) - Borrower -7R (p405) CML (06/04) Page 3 of 3 worm 3't5O 1/01 9l d 9998~~#989 '~'N; 6t: ~ l '1S%E5 ~ ~ l 900' 9 l Nfli' ~;(1Hli b'~10~j~ I ~ ;- ~ 9000 ~~,6~~ o ~ N 89° 35' 39" W (110,00') 06,50') COr2~ (g6,5O') ~~,~ - ----- ------~ ~' Nomes~ca~ 20'-0' ~ r ~ r,Qeox3r~ ,~ ~ ~ ~+a~ c zoe~ saa-ytido ~~ ~ 21'-6" GO~1G, s ~I~ Gt?Al~ 8933' 15.0 3 W% ~ JOINi`~ ~ N ~' ~ g i ~„ ,~ -- ~, ~.ur~ I 8 ~ ~ rav ~ ran ~o,oo ~ 3'-0" Wlt7~ LONG ~ ~- w ~ ~i~rs ~ ° ~ ioAx o~ ~ ~ Leo P05~d F~NC'L' ~ ~ ~ i ~ Z /~U~ f~/mil /~f~Tf~ z 1 i3 ~ ~ ~ 8 ~\ i i - - ---------- ~- ~ _ N O .~ • , 06,50') N89' 35 39" W(1O,OO') (g6,hO') E I~~fPL>E PPS ~~~ l,Of 1 6 ~fzON15OD >~ 5!'~~K1.E~S SWI%PNGG t'f-PLC 1J~J,2 ONE'(~~ hh~nlPN. IDPJ~1O ~Ir'~~N 51~.~5 i r `S~d~~. PIa~~ ~1~.~ BURNEY GLQJ SUBD. N0. 1 BOOK 87 PAGE 9941 REAL POINT OF BEGINNING ~ _ 976.01' _ ~ 89'47'27'E 59.51' r~- ~ c UNPIATTED A~F -_ y~ 6 ,U~~~ s~ S 89'47'27" E 519.49' _ _ 906.26' 15- 9.98 70.00 -'I ^9D.D0' 25' 25' 90.00 ' ~ S 89'47'27'E 'I 8' ~ ~ a ti ='' 15 ~ =' 16 ^ - ~ ~ 1 ~ !`~ ~~ 14 ;~ ~M CK 4 ~ I Z ~ ~ i N S 89'48'23'° E B~p C7 2D.24 70.00' 7D.oo' ~ ~ 70.00' '15 09' N 89'48'2314. Ga E ~ ~ S ~ 85'48'23' E_ N . 20.00' 12 ~~ ~ G _ 205.24' 13D.00' N SEE NOTES 9 & 12 S 89'4$'23'E o 121 89' v 70.15' `O ' 89.93' ~s ~h 85.D7' "' . o 10 ---I 18 11 1 0 2 l a S 89'35'39'E N "' I °' 00' 110 ° ' ' ~ N 89'98'23'1'1 -- . N 89'48'2314 23 N 89'48 W g 105.00' 1 0 o 10 0 ~ o - 110.00' 110.00' 0 o 17 0 _ p ~ ^ S 89'35'39'E ~ o ° 10 CK °o. `° Ej 3 ° ~ "° "° N 89'48'23'14 Z - - m 11 D.OD' N I '~ BLp ' ' ,~ ~ ¢ o, 0' lO .0 0 a t\ o j N 89'48'231V 23 S 89'48 E j ~ N m 0 9 Q 110.00' ~ 110.00' ~ I~ Q ~ ~ W ~ _ ~ ~ ~ 9 N ~ 4 ~ ~ Y N o cD LO~ N ss•9s'2314 S ~,, ~, _ 00' `" 90 Q ~ o ~ ~ ~ U o 00' 105 - ~- ~ R -~ ~ ~" . n ~ N 89'35'3914 o m C¢9 o N 89'35'39'14 "' S 89'35'39'E ~ cn °0 . 15 °o ~ d u ~ Y g N ;r, 135.D0' - ~ R ' ~ I 110.00' 110.D0' Z' ~ ~ 3'W ' ' j : r~ o NE _ . CORN D ~ 48 2 N 89 ~- ~ so.ao' ~ - ° R :~ 5 ~ ~ t 105.00' ~ ~ Z ~ ~ ,, ~ 0 14 0 °o 0 5 o S 89'35'39'E r 110.00' 0 0 0 I ~~ O n` 6 o i o 0 I rn 0 S 89'48'23'E 1 105.00' o ~1 ~ ~ ~ X13 ° ~ 10 . ,L51 ~ y C'~ ~ ;S9 -W SE~ NO ~ of 6~ N `~,~`+ ~ E HERITA GE PARK STR. ~~° N ~ 73 ' 5 lL ' ~ C 14 49.80 65.00 25.20' 0 ~ 4ao h W ~ w 8 a _ ~2 169 ~ ~9~ perry ` ~ ~ 8 ~ a~ (O ~ ,, 9 ~, N -d- 1 O N ~. ~ ~ ~ ~, N ~ ° ~ o , . ~j r ^ N O N o ~ fl~ ~K O ~ 5 o ~ BLS ~ ~ ~ Z ~ ; -110.20'- 59 80'- -79.80'- i - - 65.00'- -84.00' - _ - ~ -136.20'-`" -~ _ -,_ ~ ~ ! N 89'34 05 W 535 T 00 ~ ~ ~ 0 SEA 11.c,4'S iP,R1GAlON NGGRSE- ' ' . ~ ~A,4KINS LATERAL EASE1dEN7 f I i ~~ ~ ISUNDANCEf SUBD_ N0. 1 I / SUNDHNCE SUBD. N0. 2 __ _.. __ _. __ ____ rv.nv oc nary n-n~l i i L_ __ _ __~__ -11k1E~1l1 I ~ ~~ ,, , , -, ~,I C ; T-~ ,, ~ ~ ~v~~~~ ~- -~~ _ f ~-- I- ~ -~ ~ E - __ ~ __ 1 __~ ~ ; -_ ~. ~ _.~ -~_ -- __ _ ___ ,, {I~, , ___~ ~ _~ ~ ~~ ~~ ~~ ~___ ~~ __ ~;~~, ,~ ~~_~ =~ . ~ ,; ~ -,-- ~ I ~_i I ~i~'~~i i I ~ 1T~ 1T- ~° i I ~ I ~ I~._ ~~ 1_ ~ 1 ~ ~_I~1 it ~: , ~~~ii~i ~~ilii_` ~~~ ,~ i L_I ~~~ ,_ - - i _, 'rl ~ ~ I .T I - r i f- F= ~_- • RADIUS NOTICE REPORT 21-Jun-2005 FILE NAME: barno Owners Owner Address COREY BARYON HOMES INC 1977 E OVERLAND RD MERIDIAN, ID 83686-0369 Property Address: 3820 N TUPIZA AVE COREY BARYON HOMES INC 1977 E OVERLAND RD MERIDIAN, ID 83686-0369 Property Address: 3836 N TUPIZA AVE COREY BARYON HOMES INC 1977 E OVERLAND RD MERIDIAN, ID 83686-0369 Property Address: 385 E HERITAGE PARK ST COREY BARYON HOMES INC 1977 E OVERLAND RD MERIDIAN,ID 83686-0369 Property Address: 3858 N TUPIZA AVE COREY BARYON HOMES INC 1977 E OVERLAND RD MERIDIAN, ID 83686-0369 Property Address: 3876 N LONGABAUGH AVE COREY BARYON HOMES INC 1977 E OVERLAND RD MERIDIAN, ID 83686-0369 Property Address: 3894 N LONGABAUGH AVE COREY BARYON HOMES INC 1977 E OVERLAND RD MERIDIAN,ID 83686-0369 Property Address: 3920 N TUPIZA AVE COREY BARYON HOMES INC 1977 E OVERLAND RD MERIDIAN,ID 83686-0369 Property Address: 3939 N LONGABAUGH AVE COREY BARYON HOMES INC 1977 E OVERLAND RD MERIDIAN, ID 83686-0369 Property Address: 457 E HERITAGE PARK ST 1 • Owners Owner Address DEVLIN TAMNIERA L 390 E MOSKEE ST MERIDIAN, ID 83642-0000 Property Address: 390 E MOSKEE ST EDWARDS LES 408 E MOSKEE DR EDWARDS LINDA MERIDIAN, ID 83642-0000 Property Address: 408 E MOSKEE ST ISAACS CAROLYN A 368 E MOSKEE ST MERIDIAN, ID 83642-0000 Property Address: 368 E MOSKEE ST SPIWAK LARRY 38014 VILLAGE 38 CAMARILLO, CA 93012-0000 Property Address: 328 E MOSKEE ST STEELE MICHAEL 11927 GREEN RD STEELE SUSAN WILTON, CA 95693-0000 Property Address: 3792 N TUPIZA AVE SUNDANCE LIMITED COMPANY LLC 1908 JENNIE LEE DR IDAHO FALLS, ID 83404-0000 Property Address: N WESTON AVE SUNDANCE LIMITED COMPANY LLC 1908 JENNIE LEE DR IDAHO FALLS, ID 83404-0000 Property Address: 317 E CORNELL PL SUNDANCE LIMITED COMPANY LLC 1908 JENNIE LEE DR IDAHO FALLS, ID 83404-0000 Property Address: 351 E HERITAGE PARK ST SUNDANCE LIMITED COMPANY LLC 1908 JENNIE LEE DR IDAHO FALLS, ID 83404-0000 Property Address: 3809 N LONGABAUGH AVE SUNDANCE LIMITED COMPANY LLC 1908 JENNIE LEE DR IDAHO FALLS, ID 83404-0000 Property Address: 3825 N LONGABAUGH AVE 2 Owners Owner Address SUNDANCE LIMITED COMPANY LLC 1908 JENNIE LEE DR IDAHO FALLS, ID 83404-0000 Property Address: 3839 N WESTON AVE SUNDANCE LIMITED COMPANY LLC 1908 JENNIE LEE DR IDAHO FALLS, ID 83404-0000 Property Address: 3842 N LONGABAUGH AVE SUNDANCE LIMITED COMPANY LLC 1908 JENNIE LEE DR IDAHO FALLS, ID 83404-0000 Property Address: 3850 N WESTON AVE SUNDANCE LIlvIITED COMPANY LLC 1908 JENNIE LEE DR IDAHO FALLS, ID 83404-0000 Property Address: 3861 N WESTON AVE SUNDANCE LIMITED COMPANY LLC 1908 JENNIE LEE DR IDAHO FALLS, ID 83404-0000 Property Address: 3872 N WESTON AVE SUNDANCE LIMITED COMPANY LLC 1908 JENNIE LEE DR IDAHO FALLS, ID 83404-0000 Property Address: 3883 N WESTON AVE SUNDANCE LIMITED COMPANY LLC 1908 JENNIE LEE DR IDAHO FALLS, ID 83404-0000 Property Address: 3896 N WESTON AVE SUNDANCE LIMITED COMPANY LLC 1908 JENNIE LEE DR IDAHO FALLS, ID 83404-0000 Property Address: 3909 N LONGABAUGH AVE SUNDANCE LIMITED COMPANY LLC 1908 JENNIE LEE DR IDAHO FALLS, ID 83404-0000 Property Address: 3913 N WESTON AVE SUNDANCE LIMITED COMPANY LLC 1908 JENNIE LEE DR IDAHO FALLS, ID 83404-0000 Property Address: 3924 N LONGABAUGH AVE 3 Owners Owner Address SUNDANCE LIMITED COMPANY LLC Property Address: 419 E HERITAGE PARK ST SUNDANCE LIMITED COMPANY LLC Property Address: 479 E HERITAGE PARK ST SZARMACH JACEK SZARMACH MARIA Property Address: 426 E MOSKEE ST WASHINGTON MUTUAL BANK FA Property Address: 346 E MOSKEE ST 1908 JENNIE LEE DR IDAHO FALLS, ID 83404-0000 1908 JENNIE LEE DR IDAHO FALLS, ID 83404-0000 426 E MOSKEE ST MERIDIAN, ID 83642-0000 7800 N 13TH ST MILWAUKEE, WI 53224-0000 4 i • 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 Kirby Barno 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 3842 N. Longabaugh Avenue, Meridian, Idaho. The Applicant proposes a reduction of the required setback distance from 20 feet to 10 feet from property line along E. Heritage Park. 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 and 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 3842 N. Longabaugh Avenue is more particularly described as Lot 7, Block 6 of Sundance Place Subdivision No. 2, Meridian, Ada County, Idaho. Any and all interested persons are welcome and invited to submit ;.:~ comments. ~.~ Dated this 2T" day of June, 2005. ~-.~i William G. Berg, Jr - Cit Clerk ~~, y~' PUBLISH 4t" and 11t" of July, 2005. ``~~~~,, . ~~"~' Vicinity Map 3842 N Longa 1"=300' ~~~ ~ i i ~_ ~~~~ i ~ ~ ,, r. ~ ~~ -- ~~~`-' ~~ ~ ~~ ~~~ ~~ ~,~ r-i, I ~ r _ ~ ~ J ~. CITY OF Nr 'e ert~lcn I IDAHO ~ a ~C ~` TREgSURE VN1EY SINCE 1903 1VIAYOR Tammy de Weerd CITY COUNCIL 1VIEMBERS Keith Bird Christine Donnell Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888-1234 /fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 /fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 /fax 888-6844 Police 1401 E. Watertower Lane 888-6678 / 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 /fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 /fax 884-0744 - Water 2235 N.W. 8th Street 888-5242 /fax 884-1159 July 27, 2005 Mr. Kirby Barno 3842 N. Longabaugh Ave. Meridian, ID 83642 Re: Fence Waiver Application Dear Mr. Barno: This letter is in response to your fence waiver application for the property located at 3842 N. Longabaugh Avenue, Meridian, Idaho. In your application you asked to be allowed to reduce the setback from 20-feet to 10-feet from the street side property line along E. Heritage Pazk Street. No objections were received from surrounding property owners, whom were notified in accord with the City's Zoning and Development Ordinances. The City has approved your Fence Waiver, allowing the fence to be located 10-feet from the street side property line along E. Heritage Park Street. This approval is subject. to the conditions noted below. Section 11-1-11 of the Meridian City Code allows any aggrieved person to appeal this decision. All appeals shall be filed with the Planning and Zoning Department within fifteen (15) days after the date ofthis letter. 1. The face of the fence shall be set a minimum of 10-feet from the property line along E. Heritage Park Street. 2. You must landscape and maintain the ground area between the fence and sidewalk. 3 . The board side of the fence shall face out toward the street(s). CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 CITY ATTORNEY / HR -FAX 884-8723 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed nn recycled paper