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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 `Z c% -knwf 1�.��tr�:i �.-c �x.�/ / "".0 Ilk, ."t Q .de 4 hZc k /-e -ot ed • , _ lit 1 Ski fi -4,, NR, 4 �Bvs 1 fir _ ea c t/4 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) �a�.,.�:��:� — °h IVWWV�IWIY�VN�IIIIIVI�IVV I��IIIIYYIWW�VBV� 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 -- 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— 0 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�, Ci c,,,'b. 5ow-4 4 61 d eeij 4 -�us �r.{L c.►wE.,f kYlaws � ►ori- a�ivJt -(�-