Teeter, Troy & ShantelCITY OF MERIDIAN
33 E. IDAHO MERIDIAN, ID 83642
FENCE VARIANCE APPLICATION
(RE: Meridian Zoning Ordinance)
APPLICANT NAME ) ti S i i Lie PHONE 's'/ k - s5 & o
ADDRESS: 1590 c,1. y -n, S -r& 10-3 ✓vi � n clt'�„
OWNERS NAME & ADDRESS: (If different than above)T-ro!j,, fee f e r
Z a 3-i cl. ebbfaitt-
PROOF OF OWNERSHIP: (COPY OF DEED OR OPTION MUST BE ATTACHED)
LEGAL DESCRIPTION OF PROPERTY: LOT¢# Z3 BLK
SUBDIVISION �%d �Z ij Cad S
PRESENT USE & ZONING OF PROPERTY /�cf, �E✓� �, �i ! �-�A�� e
SCHEMATIC DRAWING: ATTACH DRAWING SHOWING BUILDINGS, STREET'S & PROPOSED FENCE:
. Vhe ,3A(--K-
SURROUNDING
3A (-, (-
SURROUNDING PROPERTY OWNERS: LIST OF THE MAILING ADDRESSES OF ALL PROPERTY
OWNERS (FMM AUTF]ENTIC TAX RECORDS OF ADA COUNTY) WITHIN TWO HUNDRED (200)
FEET OF THE ETERNAL BOUNDRIES OF THE LAND BEING CONSIDERED:
DESCRIPTION OF REQUIRKIMTS OF 7M ORDINANCE THAT NEED TO BE REDUCED TO
PERMIT THE PROPOSED FENCE: Orr.l..z�.«L yf� fig"Gr> �C.lGC G ' G[y�t
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ATTACH APPLICATION FEE OF $
ATTACH STATEMENT THAT FENCE IS ALLOWED UNDER THE RESTRICTIVE COVENANTS OF THE
SUBDIVISION OR A.COPY OF THE RESTRICTIVE COVENANTS PERTAINING TO FENCES:
APPLICANTS SIGNATURE: ,, " ��a--
SIGNATURE:-
DATE RECEIVEDCCMMITTEE HEARING DATE
« 24
WHEN RECORDED MAIL TO:
NORTH AMERICAN MORTGAGE
P.O. BOX 808031
PETALUMA, CA 94975-8031
DOC MANAGEMENT AU 054
State of Idaho
DFID J42
9
COMPANY
[Space Above This Line For Recording Data]
DEED OF TRUST FHA Case No.
121-1646921-703
5154841-785
TI IIS DEED OF TRUST ("Security Instrument") is made on MARCH 26, 1998
I'he Grantoris TROY TEETER AND, SHANTEL TEETER, HUSBAND AND WIFE
("Borrower" ). 'I'he trustee is TRANSNAT I ON TITLE & ESCROW, INC. , A DELAWARE CORPORATION
("'I rustee").'I Ise beneficiary is NORTH AMERICAN MORTGAGE COMPANY
which is organized and existing under the laws of DELAWARE
and whose address is 3883 AIRWAY DRIVE, SANTA ROSA , CA 95403
("Lender"). Borrower owes Lender the principal sum of
ONE HUNDRED ONE THOUSAND SEVENTY FOUR AND 00/100
Dollars (U.S. $ 101,074.00 )•
This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which
provides for monthly payments, with the full debt, if not paid earlier, due and payable on
APRIL 01, 2028 . This Security Instrument secures to Lender: (a) the repayment of
the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b)
the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this
Security Instrument; and (c) the performance of Borrower's covenants and agreements tinder this Security
FHA ho
of Trust - 4196
(9705)
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Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to the Trustee, in trust,
with power of sale, the following described property located in ADA
County, Idaho:
LOT 23 IN BLOCK 14 OF HAVEN COVE NO. 5, ACCORDING TO THE OFFICIAL
PLAT THEREOF, FILED IN BOOK 72 OF PLATS AT PAGES 7383 AND 7384,
AS AMENDED BY AFFIDAVIT RECORDED SEPTEMBER 3, 1995 AS INSTRUMENT
NO. 96073756, AND AS AMENDED BY AFFIDAVIT RECORDED NOVEMBER 14,
1996 AS INSTRUMENT NO. 96094646, RECORDS OF ADA COUNTY, IDAHO.
which has the address of 2539 WEST EBBT I DE STREET, MERIDIAN IStrcut, Cityl.
Idaho 83642-4390 [Zip C„dol ("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 seized 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.
TI -IIS 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.
Borrower and Lender covenant and agree as follows:
UNIFORM COVENANTS.
1. Payment of Principal, Interest and bate Charge. Borrower shall pay when clue the principal of, and
interest on, the debt evidenced by the Note and late charges due under the Note.
2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each
monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum
for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or
ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which
the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development
("Secretary"), or in any year in which such premium would have been required if Lender still held the Security
Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance
premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance
premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the
Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums
paid to Lender are called "Escrow Funds."
Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed
the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement
Procedures Act of 1974, 12 U:S.C. Section 2601 et seq. and implementing regulations, 24 CFR Part 3500, as
they may be.amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA
for unanticipated disbursements or disbursements before the Borrower's payments are avail- ble in the account
may not ue based on amounts due for the mortgage insurance premium.
�W
=-413013)(9705) Initials:
Page 2 of 8
If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA,
Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by
Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and
require Borrower to make up the shortage as permitted by RESPA.
The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If
Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the
balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment
that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess
funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender,
Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c).
3. Application of Payments. All payments tinder paragraphs 1 and 2 shall be applied by Lender as
follows:
First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge
by the Secretary instead of the monthly mortgage insurance premium;
Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other
hazard insurance premiums, as required;
Third, to interest due under the Note;
Fourth, to amortization of the principal of the Note; and
Fifth, to late charges due under the Note.
4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property,
whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including
fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods
that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or
subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried
with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall
incl Ude loss payable clauses in favor of, and in a form acceptable to, Lender.
In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss
if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to
make payment for such loss directly to Lender, instead of to Borrower and to bender jointly. All or any part of
the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness
under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph
3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any
application of the proceeds to the principal shall not extend or postpone the duc date of the monthly payments
which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance; proceeds
over an amount required to pay all outstanding indebtednrnsti under the Note and this Security Instrurnent shall
be paid to the entity legally entitled thereto.
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that
extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall
pass to the purchaser.
5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan
Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or
transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least
one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for
Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall
notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or
substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted.
Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may
take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also bein
default if Borrower, during the loan application process, gave materially false or inaccurate information or
statements to Lender (or failed to provide Lender with any material information) in connect'on with the loan
(-4R(ID)(97o5) Initials:
Page 3 of 0
evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the
Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the
provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be
merged unless Lender agrees to the merger in writing.
G. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in
connection with any condemnation or other taking of any part of the Property, or for conveyance in place of
condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of tite
indebtedness that remains unpaid under the Note and this Security Instrument. bender shall apply such
proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any
delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any
application of the proceeds to the principal shall not extend or postpone the due date of the monthly
payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds
over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall
be paid to the entity legally entitled thereto.
7. Charges to Borrower and Protection of Lender's Rights. in the Property. Borrower shall pay all
governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower
shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would
adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to
Lender receipts evidencing these payments.
If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform
any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that
may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation
or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of
the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items
mentioned in paragraph 2.
Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and
be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at
the Note rate, and at the option of Lender, shall be immediately due and payable.
Borrower shall promptly discharge any lien which has priority over this Security instrument unless~
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to
Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings
which in the i,ender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of
the lien an agreement satisfactory to lender subordinating the lien to this Security Instrument. If Lender
determine~ that any part of tilt; Property is aubjcct to a lien which may attain priority over this. Security
Instrument, bender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take; one
or more of the actions set forth above within 10 days of the giving of notice.
8. Fees. Lender may collect fees and charges authorized by the Secretary.
9. Grounds for Acceleration of Debt.
(a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of
payment defaults, require immediate payment in full of all sums secured by this Security Instrument
if:
(i) Borrower defaults by failing to pay in full any monthly payment required by this Security
Instrument prior to or on the due date of the next monthly payment, or
(ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations
contained in this Security Instrument.
(b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section
341(d) of the Garn- St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701 j 3(d)) and with
the prior approval of the Secretary, require immediate payment in full of all sums secured by this
Security Instrument if:
M —4ROM ia7os►
0 Papa 4 of a
Initia1.
W All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is
sold or otherwise transferred (other than by devise or descent), and
(ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the
purchaser or grantee does so occupy the Property but his or her credit has not been approved in
accordance with the requirements of the Secretary.
(c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in
full, but Lender does not require such payments, Lender does not waive its rights with respect to
subsequent events.
(d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will
limit Lender's rights, in the case of payment defaults, to require immediate payment in full and
foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not
permitted by regulations of the Secretary.
(e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not
determined to be eligible for insurance under the National Housing Act within 60 days from the date
hereof, Lender may, at its option, require immediate payment in full of all sums secured by this
Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to
60 days from the date hereof, declining to insure this Security Instrument and the Note, shall be
deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be
exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a
mortgage insurance premium to the Secretary.
10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in
full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right
applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall
tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they
are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary
attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by
Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if lender had
not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i)
Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years
immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will
preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority
of the lien created by this Security Instrument.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of
payment or modification of amortization of the sums secured by this Security Instrument granted by Lender
to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or
Borrower's successor in interest. bender shall not be required to commence proceedings against any Successor
in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this
Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in
interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the
exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co -Signers. The covenants and
agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and
Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and
several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing
this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the
terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security
Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make
any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's
consent.
13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by
delivering it or by mailing it by first class mail unless applicable law requires use of another method. The
notice shall be directed to the Property Address or any other address Borrower designates by oti ce to Lender.
e
_® 4RlID)(a7o5) ir.icii
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Page 5 of 8
Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender
designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have
been given to Borrower or Lender when given as provided in this paragraph.
14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the
law of the jurisdiction in which the Property is located. In the event that any provision or clause of this
Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of
this Security Instrument or the Note which can be given effect without the conflicting provision. To this end
the provisions of this Security Instrument and the Note are declared to be severable.
15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security
Instrument.
16. hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or
release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do,
anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences
shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances
that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or
other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or
is notified by any governmental or regulatory authority, that any removal or other remediation of any
Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial
actions in accordance with Environmental Law.
As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous
substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic
petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or
formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal
laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental
protection.
NON-UNIFORM COVENANTS. Borrower and bender f urther covenant and agree as follows:
17. Assignment of Rents. Borrower unconditionally assigns and transfers to bender all the rents and
revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and
hereby directs each tenant of the Property to pay the rents to bender or bender's agents. I lowever, prior to
bender's notice to Borrower of Borrower's breach of any covenant or agrecmcnt in the Security Instrument,
Borrower, shall collect and receive all rents and reve►►ucs ul' the Property as trustee for the; bcr►cfit of I.er►der
and Borrower. This assignment of rents constitutes an ab:solute assignment and not an assignment fur
additional security only.
If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by
Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument;
(b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the
Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the
tenant.
Borrower has not executed any prior assignment of the rents and has not and will not perform any act
that would prevent Lender from exercising its rights under this paragraph 17.
Lender shall not be required to enter upon, take control of or maintain the Property before or after giving
notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there
is a breach. Any application of rents shall not cure or waive any default or invalidate any other right. or remedy
of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security
Instrument is paid in full.
(-4RIID)ta7o5)
Paye 8 of 8
)nit�a►s:
D21D 0
18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9,
Lender may invoke the power of sale and any other remedies permitted by applicable law. Lender
shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph
18, including, but not limited to, reasonable attorneys' fees and costs of title evidence.
If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute written
notice of the occurrence of an event of default and of Lender's election to cause the Property to be
sold, and shall cause such notice to be recorded in each county in which any part of the Property is
located. Lender or Trustee shall mail copies of the notice as prescribed by applicable law to
Borrower and to other persons prescribed by applicable law. Trustee shall give public notice of sale
to the persons and in the manner prescribed by applicable law. After the time required by applicable
law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest
bidder at the time and place and under the terms designated in the notice of sale in one or more
Prcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the
raoperty by public announcement at the time and place of any previously scheduled sale. Lender or
its designee may purchase the Property at any sale.
Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any
covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie
evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in
the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's
and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the
person or persons legally entitled to it.
If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary
requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial
power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C.
3751 et seq., ) by requesting a foreclosure commissioner designated under the Act to commence
foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall
deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or
applicable law.
19. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request
Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt
secured by this Security Instrument to Trustee. 'trustee shall reconvey the Property without warranty and
without charge to the person or persons legally entitled to it. Such person or persons shall pay any recordation
costs.
20. Substitute Trustee. Lender may, for any reason or cause, from time to time remove Trustee and
appoint a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the
successor trusteeshalI succeed to al the title, power and duties conferred upon Trustee herein and by applicable
law.
21. Area and Location of Property. Either the Property is not more than forty acres in area or the
Property is located within an incorporated city or village.
22. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded
together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall
amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part
of this Security Instrument. [Check applicable box(es)].
Q Condominium Rider [:] Growing Equity Rider Q Other [specify]
Planned Unit Development Rider Q Graduated Payment Rider
IDAHO HOUSING
RECAPTURE NOTICE
FINANCING RIDER.
tM-4R(ID)(9705)
Paye 7 of 9
AND FINANCE ASSOCIATION
AND TAX EXEMPT
Initifst+ 04Ynn—
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U
BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument
and in any rider(s) executed by Borrower and recorded with it.
Witnesses: `
_ (Seal)
-Borrower
_ (Seal)
-Borrower
_ (Seal)
-Borrower
(Seal)
irrower
(Seal)
rrnw—
_ (Seal)
-Burrower
_ (Seal)
-Borrower
_ (Seal)
-Borrower
STATE OF IDAIIO, ADA County ss:
On this I . day of 110, 1 / ICA?F , before me,
TwowrtTHEpERearg}llANTEL TEETER a Notary Public in and for said county and state,
known of proved to me to be the person(s) who executed the foregoing instrument, and acknowledged to me
that /)I l Y executed the same.
In witness whereof I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
Notary Public residing at: 1?_ /e e
(1 7�
tWiLl, C/P- 7
-4R(ID)(e705)
Page a 0 8
PLANNED UNIT DEVELOPMENT RIDER
5154841-785
FHA Case No.
R551 121-1645921-703
J42
THIS PLANNED UNIT DEVELOPMENT RIDER is made this 26TH day of
MARCH 1 1998 , and is incorporated into and shall be deemed to amend
and supplement the Mortgage, Deed of Trust or Security Deed ("Security Instrument") of the same
date given by the undersigned ("Borrower") to secure Borrower's Note ("Note") to
NORTH AMERICAN MORTGAGE COMPANY
("Lender") of the same date and covering the Property described in the Security Instrument and
located at:
2539 WEST EBBTIDE STREET, MERIDIAN, ID 83642-4390
[Property Address]
The Property Address is a part of a planned unit development ("PUD") known as
HAVEN COVE NO, 5
[Name of Planned
��n
PUD COVENANTS. In addition tothe covenantsandagreements made in the Security
Instrument, Borrower and Lender further covenant and agree as follows:
A. So lung as the Owners Association (or equivalent entity holding title to common areas
illld facilities), actlllg as tl'll:itce for the homcowller�l, maintains, with it gellel-ally
accepted insurance carrier, a "master" or "hlallket" policy insuring the Property located
in the 1'U1), including all improvements now existing or hereafter erected on the
mortgaged premises, and such policy is satisfactory to bender and provides insurance
coverage in the amounts, for the periods, and against the hazards Lender requires,
including fire and other hazards included within the term "extended coverage," and loss
by flood, to the extent required by the Secretary, then: (i) Lender waives the provision in
Paragraph 2 of this Security Instrument for the monthly payment to Lender of
one -twelfth of the yearly premium installments for hazard insurance on the Property,
and (ii) Borrower's obligation under Paragraph 4 of this Security Instrument to
maintain hazard insurance coverage on the Property is deemed satisfied to the extent
that the required coverage is provided by the Owners Association policy.
FHA Multistate PUD Rider - l 5
(W® 5890 (9705)
Page 1 of 2 Initi �.
VAIP MORTGAGE FORMS - (800)521-7291 IIIIII IIIIIIIIIIIIIIII VIII IIIIIIIII) VIII IIIIIIII
I IIIIIII) II (VIII VIII) IIII IIII IIII
Borrower shall give Lender prompt notice of any lapse in required hazard insurance
coverage and of any loss occurring from a hazard. In the event of a distribution of hazard
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 for application to the sums secured by this Security
Instrument, with any excess paid to the entity legally entitled thereto.
B. Borrower promises to pay all dues and assessments imposed pursuant to the legal
instruments creating and governing the PUD.
C. If Borrower does not pay PUD dues and assessments when due, then Lender may pay
them. Any amounts disbursed by Lender under this paragraph C shall become
additional debt of Borrower secured by the Security Instrument. Unless Borrower and
Lender agree to other terms of payment, these amounts shall bear interest from the
date of disbursement at the Note rate and shall be payable, with interest, upon notice
from Lender to Borrower requesting payment.
BY SIGNING -BELOW, Borrower accepts and agrees to the terms and provisions contained in
CN
�-fdwv_
(Seal) 0(Seal)
TROY TE ER -Borrower NTEL TEETER -Burrower
(Seal) (Seal)
-Borrower -Burrower
(Seal) (Seal)
-Burrower -Burrower
(Seal) (Seal)
-Burrower -Burrower
�® 589U (9705) Pae 2 of 2
.��61. rn1►uu . H IA/VA
If IIA Penn MRI 1.012 (3/96) •
TAX EXEMPT FINANCING RIDER (ADDENDUM)
(To Deed iif'1'rusl)
IIIFA LOANS IIAYI: ItES'1'It1CTED ASSUMAUILITY
'11 IIS TAX EXEMPT FINANCING RIDER is made this. 26 day of Nlarch, 1998 , and is
incorporated Into and shall be drxmed to alnettd and supplerncnl lite Deed of Trust ("Security Inslrtuncrtl") of lIc same dale
given by the: undersigned ("Borrower") to secure 13orrower's Note ("Note") to
North American Mortaaae Company ("Lentler")
of the same date and covering lite property (lite "Properly") described in the Security Instrument and located at:
2539 West Ebbtide Street
AJeridian. Idaho 83642
(Properly Address)
In addition to file covenants and agreements made in the Security Instrument, Borrower turd Lender further covenant and
agree to amend paragraph 9 ol'tl►c Modcl Mortgage Fornt, entitled "Grounds for Acceleration of Debi" by adding additional
grounds for acceleration as follows:
Lender, or each of its successors or assigns as stay by separate instrument assume responsibilily for assuring
compliance by the Borrower with lite provisions of this Tax-lixempt Financing Rider, cony require immediate
payment in full of all sums secured by this Security Instrument if.
(a) All or pari of the Property is sold or other►vise transferred by Borrower to a purchaser or other
transferee:
(i) Who cannot reasolulbly be expected to occupy lite Properly as his/her principal
residence within a reasonable tittle tiller lite stile or transfer, all as provided in Section 143(c) and (i)(2) of lite
Inlernal Revenue Ceule; nr
(ii) Who fins had a present ownership interest in a principal residence during any part cel'
the lhrm-year period ending on lite dote (Wille sale or transfer, all as provided in Section 143(d) and (i)(2) of lite
lntemill Revenue GXIC [except " 100 percent" shall be substituted for "95 percent or more" where the latter appears
in Section 143(d)(1); or
(iii) At an acquisition cost which is greater thnn 90 percent of lie average area purchase
price (greater than 110 percent Im targeted area residences) all as provided in Section 143(c) and (i)(2) of* lite
Internal Revenue Codc; or
(iv) Who Itis a gross family income in excess of the applicable percentage of applicable
median family income as provided in Section 143(1) and (i)(2) of tie Internal Revenue Code; or
(b) l3otrower fails to occupy lite I'rupetiy described in the Security Instrument widnoul prior written
consent of Lender or its successors or assigns described at tie beginning of this Tax lixempt Financing Rider, or
(c) Borrower omits or n►ist-q) :seals a Inet that is material widt respect to the provisions of Section
143 of the Internal Revenue Code in an application for Ile; loan secured by this Security Instrument.
Reli.'ft'nce s are to tie 1986 Internal Revenue Code as ament'cd and in effect on the dato of issuance of bonds, Ute proceeds
of which will be used to finance the purchnse of +he Security Instrument and aro deemed to include Ute implementing
regulations.
MUST GIVE TO BORROWER
THANK YOU
LENDHR: Nul•th Anlcricall Ivlorig-.t c Company
DA'I*I :. 3-26-98
It F: La;lll 1/ 5154f1��_---
I FI A // RaAa3
Deal' Mr. & Mrs. lreek—i
The lirst regular nlowIlly payment on your honk is clue 5 -I -m , and
should he forwarded to:
Allor1l;alpe Set -vices Crotip
P.O. Isux 75,11 ;
Brise, Idaho 83707
111cicll11oue Number: t (800) 526-71,15
Based on the Iveliminary information now available for the amount of
taxes ;Intl instu•ance, your monthly payment is as lollows:
Principal X- liitcresl
I l;liard lnsorcuicc
('aunty Properly 'l,axes
NIII'
Other
'I'0'I'AL PAYMI.:N'I'
1; 61.6.43
;1; 1.7..42 _
40.96
I;
755.24
Somi ober your• loan Cl(). -;v!;, )'()If will receive monthly payment cards and/or
nolicc!; Io remit wilh ppm. check.
I'LI�:r\til? N0 'I'I?: 'I'hc 11-;Insler ol*your loan sloes not alTect the obligations
or right llr-yl)tf; IIvC-I�ol1 aa�E:r,-l-n'vd .,r -di security instruments.
.Sincerely, _
JUSTIN WALKER FENCE VARIANCE
PROPERTY OWNERS WITHIN 200'
INTERWEST DEVELOPMENT CORP AND
BLASER G F AND ROGERS V
3350 AMERICANA TERRACE STE 100
BOISE ID 83706-2502
2589 W STATE ST
925 W LATITUDE AVE
2588 W STATE ST
2562 W EBBTIDE ST
2534 W EBBTIDE ST
920 N LATITUDE AVE
HOPKINS JASON AND
HOPKINS TRAVIS M
2563 W STATE ST
MERIDIAN ID 83642
RITTER RICK R & TERRI E
2491 W STATE ST
MERIDIAN ID 83642
AGRE SHARELYNN F AND
MOORE JASON R
964 N LATITUDE AVE
MERIDIAN ID 83642
HARGROVE DAVID AND
ALLEMAN CHRISTINE
935 N MAURA PL
MERIDIAN ID 83642
BLASER AARON
3854 TWILIGHT DR
BOISE ID 83703
942 N LATITUDE AVE
COPELAND STEPHEN R & JACKIE L
2587 W EBBTIDE ST
MERIDIAN ID 83642
OLSON DALES S & MAURA C
921 N MAURA PL
MERIDIAN ID 83642
HOLT ENTERPRISES INC
1224 1ST ST, SUITE #307
NAMPA ID 83651
2515 W EBBTIDE ST
INTERWEST DEVELOPMENT CORP AND
BLASER G F AND ROGERS V
3350 AMERICANA TER STE 100
BOISE ID 83706-2502
2539 W EBBTIDE ST
HAVEN COVE HOME OWNERS ASSOC
3350 AMERICANA TER STE 100
BOISE ID 83706-2502
N OCEAN AVE
N OCEAN AVE
LARSEN RONALD L & JUDITH L
2735 W PINE AVE
MERIDIAN ID 83642-5435
PINE
MORNING GLORY OWNERS ASSOC INC
1530 W STATE AVE
MERIDIAN ID 83642
N OCEAN AVE
W PINE AVE
N OCEAN AVE
f
0
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to 11-9-605 J. 10. of the Revised and
Compiled Ordinances of the City of Meridian, that the Fence Variance Committee of the
City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, at the hour of 4:30 o'clock P.M., on May 4, 1998 for the purpose of
reviewing and considering the application of Troy and Shantel Teeter for a variance from
the Meridian Fence Ordinance at the property legally described as follows: Lot 23, Block
14, Haven Cove #5 Subdivision and known by the address 2539 W. Ebbtide, Meridian,
Idaho 83642. The Applicant proposed to reduce the required distance from 20 feet to 0
feet.
The public is welcome. Testimony, objections, and comments will be heard and
considered by the Committee.
A written decision of the Committee will be issued to the Applicant and any person
requesting in writing a copy of the decision will be furnished one.
Any aggrieved party may appeal the decision of the Committee directly to the
Meridian City Council pursuant to Section 11-2-416 G. 1.
DATED this 6th day of ApI , 1998.
`O'
0%* 11 tstI]e+irOf-ai,Izz
'fr
w'
_ S NILLIAM G. BERG, JR., C4tY LERK
? a
. I FIG L 3 ec ILI On .,
" amended by A addition thereto of new
numbered 10 and which shall read as follows:
ENCES,
is heret
subsection to t
10. That if an
owner or applicant
desires to
obtain a
variance from
a rovsons
o this
9-60-5
JI, FENCES-,
ursuant to
s not be
treated as a variance
the
provisions o
- or -
o
e Revised- an
om e Ordinances
an a procedure
or sucha var ance s a I I
no a overne
e
a orement oned
two sections.
There shal I be a
s ecia
procedure Tor
variances from this fence ordinance
which shall be
as follows:
a. _ The owner
or applicant
shall file an application
for a fence variance with
the City Clerk
which
application s a
state the
following:
1. Address of subject property;
2. Name address and hone number of applicant;
3. Name, address and phone number of owners of
he subs cL property;
4. Proof of ownership;
5. Legal description of subject property;
6. Present use of subject property;
7. Zoning of the subject property;
8. -Schematic drawing of the building and
proposedfence;
9. List of the mailing addresses of all
ro ertowners rom authentic tax recor s
o A a count within 200 feet o the
external oun aries o e land being
cons Merect;
10. Minimum requirements of this ordinance that
nee o e reduced o perms a propose
fence;
11. An application fee established by resolution
of the rounci ; ,
bU receipt of the fence Oiance a lication
e z n a m n s ra or shall set a hea_riLq and see
that n o t i c is mai leirst class ma to a
owners hoproper—ty within200—feet of e ra us o
he su sectro ert which hearing shall be held not
sooneran days a er a mailing of ta re uire
notice and not more t h an a s after mai n o e
require notice. a notice of Hearing does not need
to be pubiishe n t e o �3cia I newspaper.
C. The hear -no
�e con ucte
comm. tee s a
._er an Pn ce
established by this subsection shall
e ence var1 an comms ee w �c
e comprise ot the in sneer e
e one Louncilemer and one
committee s a onin em er. uorum o sai
comm
Fe—a m�n�mum o three mem ers othe
d• ±Uo n hearin the rewuest for -the fence varianceTie cit ee s a est er aDprove or en or a rove
wi t con Mons t e a ,cMon or ence v a r ance;
at no written In in s o
a wri .ten ec Sion s a act s a e re uire ut
an to an art reques n wwritten notie�ca ion dot
e on at the earin
e. APPEAL. AnIY a rieved art m'ay a
decision o e commi tee erect to t e 'tpeal the
ursuan o ec ion ounce
Fence FiNulation
INSIIIWM
Property
Line
3' Solid Fence
or 4' Open Chain
Link Type Fence
to Front of Setback
Fence Regulation
CORNEA LOT
Line
CITY of 14Eiii01g
Property Lin 33 east Idaho
6' Solid or Open Fence
Behind Set Back
Property
®Line.
ZO' Setback/ �
/ Sstee�
Lda:e Open Access *•
to Water Meters
and Fire Hydrant
�/ '*(4•%4' ground area)
OA
6' Wood, Solid
or Open Fence
,414
1
1
Illulml � ���
h11►IIpU+q�
+►lig. .:�iiinn���
3' Wood or Solid Fence
or 4' Open Fence
301 J X
Site Triangle 3' Chain Link
\ \ or Open Fence
' Wood or Solid Fe
or 4' Open Fencz
e%, .0
/I
ROBERT D. CORRIE CITY OF MERIDIAN
Mayor PUBLIC WORKS / BUILDING DEPARTMENT
GARY D. SMITH, P.E.
Public Works Director
May 11, 1998
Troy & Shantel Teeter
2539 W. Ebbtide
Meridian, Idaho 83642
RE: Fence Variance Request
2539 W. Ebbtide
Dear Troy & Shantel:
COUNCIL MEMBERS
CHARLES M. ROUNTREE
GLENN R. BENTLEY
RON ANDERSON
KEITH BIRD
The Fence Variance Committee of the City of Meridian met in your presence at
4:30 P.M., May 4, 1998, in City Hall to consider this request.
After due consideration, the Committee decided to allow this variance request
to construct a six (6) foot tall wooden fence in your side street setback area
subject to the following:
1. The face of the fence shall be set three (3) feet from the yard edge of
sidewalk along N. Ocean Ave. The fence shall return to the house at its
southwest corner.
2. The ground area between the fence and sidewalk shall be landscaped
and maintained by you.
3. The board side of the fence shall face W. Pine St. and N. Ocean Ave.
4. The City of Meridian has no jurisdiction in the enforcement of the
provisions of your subdivisions Protective Covenants. Since this is a
variance to a provision of your covenants we suggest you also contact
your Homeowners Association for their approval.
5. Please obtain a fence building permit from the City Building Deportment
prior to beginning construction.
Thank you for complying with the City ordinance in requesting this variance.
S' cerely,
4,7 ..
Gary D. Smith, PE
Chairman, Fence Committee
Cc: File, City Clerk, Building Inspector
200 East Carlton, Suite 100 • Meridian, Idaho 83642 Phone (208) 887-2211 • Fax (208) 887-1297
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to 11-9-605 J
a yl U i,�,e r i d cwt
M ��
k� �" �m oj' rw-
a¢
10. of the Revised and
Compiled Ordinances of the City of Meridian, that the Fence Variance Committee of the
City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street,
Meridian, Idaho, at the hour of 4:30 o'clock P.M., on May 4, 1998 for the purpose of
reviewing and considering the application of Troy and Shantel Teeter for a variance from
the Meridian Fence Ordinance at the property legally described as follows: Lot 23, Block
14, Haven Cove #5 Subdivision and known by the address 2539 W. Ebbtide, Meridian,
Idaho 83642. The Applicant proposed to reduce the required distance from 20 feet to 0
feet.
The public is welcome. Testimony, objections, and comments will be heard and
considered by the Committee.
A written decision of the Committee will be issued to the Applicant and any person
requesting in writing a copy of the decision will be furnished one.
Any aggrieved party may appeal the decision of the Committee directly to the
Meridian City Council pursuant to Section 11-2-416 G. 1.
DATED this 6th day of Apft 1998.
SUI, WIWIAM G. BERG, JR., 4LERIK
r
�/��,,��r! ice; ;tai ►���"````'
•
93-nctc S�,
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�r.{L c.►wE.,f kYlaws � ►ori- a�ivJt -(�-