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Martsenyuk ShopHUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Tammy deWeerd (208) 888-4433 • Fax 887-4813 CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS BLJII-DING DEPARTMENT Keith Bird 33 EAST IDAHO (208) 887-2211 • Fax 887-1297 Jce Horton MERIDIAN, IDAHO 83642 Shaun Wazdle (208) 888-4433 • FAX (208) 887-4813 PLANNING AND ZONING Charles M. Rountree City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • FAX 888-6854 CERTIFICATE OF ZONING COMPLIANCE* Date: September 27.2004 (RE-ISSUED ON JULY 20.2006E Project Name: Martsenyuk Shop Project Address: 606 2nd Street West Proposed Use: Automotive Shop Owner: Bogden Martsenyuk Jr Applicant: Cascade Builders Inc. Zoning: I-L Comments: Conditions of Approval: The issuance of this permit does not release the applicant from any requirements of the approved Conditional Use Permit issued for this development. All Si~n_ge_: No signs are approved with this CZC. All signs will require a separate sign permit in compliance with the sign ordinance. Landscaping: The Landscape Plan is approved per the plan stamped 9/27/04. The approved landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. No field changes to site plan permitted; prior written approval of all material changes is required. Irrigation: An underground, pressurized irrigation system must be installed to all landscape areas per the specifications provided. Screening: UDC 11-3A-14 requires all outdoor storage of material to be maintained in an orderly manner so as not to create a public nuisance. Materials shall not be stored within the required yards. Stored items shall not block sidewalks or narking areas and may not impede vehicular or pedestrian tratl'ic Outdoor storage shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts or these functions are fully contained and out ofview from adiacent properties and public streets. Chain link fencing with or without slats does not qualify as screening (UDC 11- 3B-5M . Curbin :Per Ordinance 12-13-7-9, all landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing maybe cut to allow for storm water runoff. Protection of Existin Trees: Any existing trees on site must be protected in accordance with the Tree Preservation section of the City's Landscape Ordinance. Per Ordinance 12-13-13-4, coordinate with the Parks Department Arborist (Elroy Huff, 888-3579) for approval of protection measures prior to construction. Any severely damaged tree must be replaced in compliance with Ordinance 12-13-13-6. Parkin: Off-street parking is approved as shown on the approved Site Plan (stamped 9/27/04 ). Project engineer/architect shall certify that the number and size ofhandicap-accessible spaces conforms to the Americans with Disabilities Act (ADA). Handicap accessible stalls must have signage in accordance per ADA. Sidewa Lighting: Lighting shall not cause glare or impact the traveling public or neighboring development. Trash Enclosure: All dumpsters must be screened from view and not be visible by the public or from adjacent properties. Trash enclosure must be built in the location and size as approved by SSC. See Meridian City Code 11-12-I.C. for enclosure requirements. ACHD Acceptance: Applicant shall be responsible for meeting the requirements of ACHD as they pertain to this development. All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of Meridian Planning and Zoning staff for approval prior to the issuance of a building permit. Certificate of Occupancy: All reauired improvements must be complete prior to obtaining a Certificate of Occupancy. A Temporary Certificate of Occupancy may be obtained by providing surety to the Citv in the form of a Letter of Credit or cash in the amount of 110% of the cost of the remaining improvements. A bid must accompany any request for Temaorarv Occupancy. Plan Modifications: The approved Site Plan, stamped 9/27/04, is not to be altered without prior written approval of the Planning & Zoning Department. No significant field changes to the site or landscape plans are permitted; prior written approval of all~hanges is required. Current *This letter does not indicate compliance with requirements of other departments/agencies, including, but not limited to, Ada County Highway District, Central District Health Department, affected irrigation district(s), Meridian Sewer, Water, Building or Fire Departments, Sanitary Services Co., etc. This letter shall expire one (1) year from the date of issuance if work has not begun. Memorandum Meridian Police Department June 27, 2006 Kovalchuk, Yeveniy (11/24/79) - 606 NW 2nd Street 695-5211 Co-worker & cousin of B. Martsenyuk After over an hour of speaking to Bogdan Martsenyuk as well as being provided a extensive and detailed tour of his residence and workshop, Sgt. Parson's informed me that Bogdan Martsenyuk explained how his business operated and the rules and regulations he must follow. Bogdan Martsenyuk stated that he recently started his company "Rides Unlimited" (License # 7042). He stated that his business consists of purchasing vehicles from theft recovery, abandon and wrecked vehicle auctions through out the west and northwest. Once he purch~~ses the vehicles (mostly Honda's, Acura's and Lexus's) he is given a certificate of purchase iiom the auction then the vehicles aze transported to Idaho. Once the vehicle arrive at his residence/shop, the State of Idaho vehicle inspectors (Rick and Adrian) go to his residence and inspect every vehicle, part and receipt before the vehicles aze dismantled. Bogdan Martsenyuk also stated that he has a receipt for every part of every vehicle. Sgt Pazson also informed me that when he was walking through the ;shop, every vehicle was marked with a salvage number in grease pen. All of the parts of the vehicles were separated etc. Prior to Sgt Parson's concluding his conversation and tour of Bogdan Martsenyuk facility, Bogdan Martsenyuk stated that anytime Code Enforcement wanted to come over to his residence/shop to see how he operated his business as well as see his receipts, business license, permits etc they could. Bogdan Martsenyuk was very open to working with the city and wanted Code Enforcement to see that he was running a legitimate business Bogdan Martsenyuk also metioned that the reason he purchased the residence at 606 NW 2nd Street and built the shop was because the city zoned the lot industrial. Bogdan Martsenyuk also is planning on purchasing another lot to store the vehicles so that the neighbors would be happy. Let it be noted that Sgt. Parson's asked Bogdan Martsenyuk about Alex Striachazsky. Bogdan Martsenyuk stated that he has known Alex Striachazsky for several yeazs and use to be partners with Alex Striacharsky, until he found out that Alex Striacharsky was running a illegal business. Since that time Bogdan Martsenyuk befriended Alex Striachazsky. Bogdan Martsenyuk was very open about Alex Striachazsky and willing to talk to Code Enforcement about his knowledge of Alex Striacharsky. From Sgt M. Pazson's investigation, it appeazs that Bogdan Martsenyuk is running a professional and legit business. It's also appazent that Bogdan Martsenyuk is not involved in any criminal activity and willing to answer any questions. Memorandum Meridian Police Department June 27, 2006 TO: Lt. John Overton & Cpl. Greg Kortan FROM: Det. Shawn Harper #3087 RE: 606 NW 2nd On 06/26/06 I conducted surveillance on 606 NW 2nd Street from 1730 hours ti112230 hours. During my surveillance I observed several subjects arrive at the location through out the day: 1 AMB942 - Kovalchuk, Yeveniy (11 /24/79) - 676 E. Willowbrook lANJ389 - Martsenyuk, Fedor B. (01/31/85) - 2593 E. Apricot LAG362 - Returned to "Rides Unlimited" - No further information available 1 AMX729 - Kinakh, Leonid - 676 E. Willowbrook. At 2130 hours I observed three WMA push a dark blue (partially stripped and no license plates) Honda civic from Raikoad Avenue to the front of 606 NW 2nd Street where they proceeded to leave the vehicle partially in the roadway. I requested the assistance of Sgt. M. Parsons and Officer T. Smith to speak with the owner of the residence regarding the vehicle in the roadway. Call # MP3282 Upon their arrival they were met by the three WMA's that I observed pushing the vehicle. The subjects were identified as: Martsenyuk, Bogdan (06/04/80) - 606 NW 2nd St - 724-7282 - Owner of the property, shop and vehicles. Also the owner of "Rides Unlimited." Kinakh, Bogdan (05/22/88) - 676 E. Willowbrook - 412-7732 Co-worker of B. Martsenyuk REC~~~~ APR City of i~errdia~~. Planning Depart~Fr,~ JAMES GIPSON ASSOCIATES architecture planning 38 NORTH FIRST STREET, P.O. BOX 219 EAGLE, IDAHO 83616 phone (208) 939-0236 fax (208) 939-0211 TRANSMITTAL Sent By Fax JGA Project No. US Mail Deliver~_ Pickup Q'11~2. Project Name ~Acl-W ~ -~- ~k~~ ~ ~ , Date ~ ' ~ ~ ' ~ $ Fax# Re: ~ ~ Vl, ~ AryU No. Pages, incl. Cover 'G Message: ~ ' ~GL.~~ ~ i ~r~ 'is bwr V~i~~ pv~,r -!- lad` /k JGYS- fi'r' d~ u1 ~de ~ ~bk`l. °nn.. ~ww'~ ~. Transmitted by: JAMES GIPSON ASSOCIATES ~iiM9 James Gipson e~~~. ~ ~ 5~~~~ per ~ loa u lm I~. -1~., ~~ o~., -4-G,,,,,,~ Page 1 of 1 C. Caleb Hood From: Jennifer L. Stoy Sent: Tuesday, August 29, 2006 4:43 PM To: C. Caleb Hood; Bruce Freckleton Cc: Greg Kortan; Abram Antonucci Subject: 606 w 2nd Attachments: P0001087.JPG; P0001080.JPG; P0001081.JPG; P0001082.JPG; P0001083.JPG; P0001084.JPG; P0001085.JPG; P0001086.JPG Hey! Just an update to go with whatever you guys are still following up on at this address. I sent a letter giving Bogdan ten days to get a fence up or clear out all of the vehicles on 8/17/06. Needless to say it hasn't happened yet, but they have pulled a fence permit. I do not know what your sidewalk requirements and fence setbacks are going to be, but I do not see how they can fit everything they have over there in the fenced area even when they do fence it. I was at Kevin Griffiths house today reference him parking a car hauler on the street full of junk vehicles. He said he just brought in the load from California. To put where? Where are we on their ACHD requirements? Do we want to have Bogdan meet us out there for a follow up? I'm filing for a lack of meeting the fencing requirements on 9/4/06, if everything isn't enclosed by then. Let me know where you guys are with this and what you think the next steps should be, if any. Photos included O Thanks- Jenni ~- ~~ fQ~~ ~ s~ow~~ bQ ~~p. CD ~` a~ f~ ~ ~ ~`,~,~,5 ~U~.t~~ ~ ~"`~ a~ l~ 1 `~ 8/30/2006 HUB OF TREASURE I~ALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Tammy deWeerd CITY OF MERIDIAN (208) 888-4433 • Fax 887-4813 CITY COUNCIL MEMBERS PUBLIC WORKS Keith Bird 33 EAST IDAHO BUILDING DEPARTMENT William ~,.M. Nary MERIDIAN, IDAHO 83642 (208) $87-2211 • Fax 887-1297 Shaun Wardle (208) 888-4433 • FAX (208) 887-4813 PLANNING AND ZONING Charles M. Rountree City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • FAX 888-6854 CERTIFICATE OF ZONING COMPLIANCE* Date: September 27, 2004 Project Name:_ Martsenyuk Shop Project Address: 606 2nd Street West Proposed Use: Automotive Shop Owner: Boyden Martsenyuk Jr. Applicant: Cascade Builders Inc. Zoning: I-L Comments: Conditions of A prp oval: The issuance of this permit does not release the applicant from any requirements of the approved Conditional Use Permit issued for this development.. Si~nage: No signs are approved with this CZC. All signs will require a separate sign permit in compliance with the sign ordinance. Landscaping The Landscape Plan is approved per the plan stamped 9/27/04. The approved landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. No field changes to site plan permitted; prior written approval of all material changes is required. ~Irri ation: An underground, pressurized irrigation system must be installed to all landscape areas per the specifications provided. Curbing: Per Ordinance 12-13-7-9, all landscape areas adjacent to driveways; parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing maybe cut to allow for storm water runoff. Protection of Existing Trees:. Any existing trees on site must be protected in accordance with the Tree Preservation section of the City's Landscape Ordinance. Per Ordinance 12-13-13-4, coordinate with the Parks Department Arborist (Elroy Huff, 888-3579) for approval of protection measures prior to construction. Any severely damaged tree must be replaced in compliance with Ordinance 12-13-13-6. Parkinl7: Off-street parking is approved as shown on the approved Site Plan (stamped 9/27/04 ). Project engineer/architect shall certify that the number and size ofhandicap-accessible spaces conforms to the Americans with Disabilities Act (ADA)._ Handicap accessible stalls must have signage in accordance per ADA. ,.-~ ~~-,.. Sidewalks: All sidewalks shall be constructed as shown on the approved Site Plan and in accordance with the Meridian City Code requirements (MCC 12-S-2.K.). Sidewalks shall be constructed prior to occupancy of the permanent building. Li htin :Lighting shall not cause glare or impact the traveling public or neighboring development. Trash Enclosure: All dumpsters must be screened from view and not be visible by the public or from adj scent properties. Trash enclosure must be built in the location and size as approved by~SSC. See Meridian City Code 11-12-1. C. for enclosure requirements. ACRD Acceptance: Applicant shall be responsible for meeting the requirements of ACHD as they pertain to this development. All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of Meridian Planning and Zoning staff for approval prior to the issuance of a building permit. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy. A Temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a Letter of Creditor cash in the amount of 110% of the cost of the remaining improvements. A bid must accompany any request for Temporary Occupancy. No occupancy will be granted until the final plat for the property is recorded. Plan Modifications: The approved Site Plan, stamped 9/27/04, is not to be altered without prior written approval of the Planning & Zoning Department. No significant field changes to the site or landscape plans are permitted; prior written approval of all changes is required. ~~ Wendy Kirkpatrick Associate City Planner *This letter does not indicate compliance with requirements of other departments/agencies, including, but not limited to, Ada County Highway District, Central District Health Deparhnent, affected irrigation district(s), Meridian Sewer, Water, Building or Fire Departments, Sanitary Services Co., etc. This letter shall expire one (1) year from the date of issuance if work has not begun. Cbp~i - ol~«~N~ t?~T~ ~ UNW~N 606 W. 2nd Street Vicinity Map I C7111LLLi ~J~IL~~CJ~7~1 I ~i~lr!i ~ DTI ~' e~S - ~~J ~~ c N W Idaho Ave W Broadway Ave -~ ~ ~ n m ~ ~ Z UPRR 1= ~ ~~~~fi l f- 300 0 300 600 900 Feet ' 136'-0' ~ -- ~ -_ ~ -~--- - ~ -~ _ ~ _~__ ~ .. ~ ~ - ~-- ~ v_ ~ -- ~ ~ ~ ~' ~ 0 •I 4 . ' '• •• • •. . •. ... ~ ,' • • 4 ~ ~ ~ ~ i I. ?,:. ~'~ ~; 1 ;;. I ~ ~. ~ ;~' "I v. ~, ~, ~, ~ ~ ~ 4 ~ , G~RET~KERS ~ ,,, ~~,~.,. ;,,,, _ ~ HOME ; i , ~„ I ~ ~ ~ ~ _ ~ Y` 34 _b. .d. I S 'I rl ~ ~ ~ ~ ~ ~~ ~ w ,. ~ w ~ ~ w ~ w ~ w ~ ~ ~ ~ ~ vn ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 'j - ~ 5'_0~ ~~ ~ ~ ~ • ~ 4 ~ ~ ~ ~ ~ • ~ r ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ . ~ ~ ~ ~ ~ y ~ ~ ~ ~ ~ ' ~ . . . ~ ;' • t .. .. • ~ n' .;j,~i • a ' . (PAVED) ; ~~>f • • ~ • .. ... ;~~` p;~F ~~~ . F~ ay~inGv 1 ~ . . • . . ~ • • • . . . • .. • . ~ n .y, i J _ ~ - ~_ _ ~_~ _ _~_~ _ 6' NIGH FENCE e~ ~L ~ ~ ~• . LAD SGAPE~ 9 ~ ~' `~' ~ ~I • 40'-0' • it ~ ~ ~ ~' ~ERhI ~ .1, ,p,'r~ ~---- ',' . w ~ • ~ ~ I •..•. :•~. w •.• I ~ ,~••: . • I 59~-~' ' . ~ ~ ~ I ~ ~ ~ 18'-0' ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I6'-0' • ~ ~ ~ .. ~ ~ ~ ~ r I ~ ~ ~ ~; .' I •.. I ~ ~ ~ '~ i~ 6 ~ V ~ • \1 j' V ~ • I • I NANDIGAP • I ••SPAGE ~ • I ~ .. . ..~ .. • I '• I .. I • • - ..._ . • ~' ~ I ... •.' 1. .. .. ..' • .. .. .. ~ ~ .. .. .. .. • . ~ .' •I •' • •. .. 09/24/04 14:10 FAX ,'^~4 344 3103 Secretarial ~^-: ~ 01 CAFCO, Inc. Licensed General Contractors Bonded 2309 West Mountain View Dr., Boise, Idaho 83706 208-713 -2461 September 24, 2004 SENT VIA F,ACSrMILE Meridian Planning & Zoning Attn: Anna Canning Fax: 888-6854 RE: Request for alternate compliance for landscape at properly located at: b06 W. First St,, Meridian, Idaho 83642 Dear Anna: Hecause of 3Q-foot set-back restriction we cannot build the size shop required for this project. A 10.foot set-back with five trees, a berm and 12 shrubs and a 6-foot high wooden fence separating the north end of the property and the senior citizens parking Iot is requested at this time. This is a one bay workshop where the owner buys cars, stores them in his shop and does all the work himself on the cars. The site has itu~merous trees and over 5,000 feet of grass as can be seen by the site plan. Hope with this letter we can get this finalized_ Sincerely, ~~^ W. B. Cafarelli 1 . ~, _~ r ~ e~'lr~~!--,~ t~'„ ~ it~nHC7 < ~rt ,:r, ~~n~n~~ ~:~ ., -=C"4,;r,;nesi:rn, Y.µk- .. niece ;',7463 Date: February 23, 2007 Subject Property: 606 W. 2°d St. City of Meridian -Building Department 660 E. Watertower, Suite # 150 Meridian, ID 83642. PH: (208) 887-2211 Fax: (208) 887-1297 www.meridiancity.org Meridian, Idaho, 83642 Business Name: Martsenyuk Auto Body Shop/Rides Unlimited Issue: This business is not approved for use or occupancy and has been operating. A "Certificate of Occupancy" has NOT been issued from the Building Department therefore this property is in violation of the International Building Codes as adopted by the City of Meridian. Timeline of events • 7-11-2005 Building permit issued for a new auto body shop. Bill Cafferelli "CafeCo" was the original contractor. This permit never had a final structural inspection or Certificate of Occupancy. Additional permits were also issued for plumbing, electrical, and fire sprinkler. • 7-10-2006 Approximately one year later Daunt Whitman (Building Official for the City of Meridian) received information from Code Enforcement that the property was being occupied. Daunt posted the project "NOT APPROVED FOR OCCUPANCY" and "STOP WORK". This action was the result of not calling in the necessary inspections and/or correction notices left by inspectors and items not corrected. • 8-30-2006 STOP WORK notice was removed from the property. NOT APPROVED FOR OCCUPANCY remained posted. The Stop Work Order was removed by Daunt Whitman after he, Bruce Freckleton, Rich Greene (fire inspector), and Harold Welch (electrical inspector) met with Bogdan Martsenyuk (property owner). Bogdan and his new contractor (LAM Construction) met in the Building Department conference room with Daunt, Rich, Harold, and Bruce. It was discussed what was necessary to bring this property into compliance. Again, the Stop Work Order was removed so the new contractor (LAM Construction) could officially proceed with finishing construction. • 10-19-2006 Plumbing permit issued. Applicant was LAM Construction. Last inspection 10-26-06. Electrical permit issued on 12-19-06. No electrical inspections have been signed off. Electrical contractor is Sunshine Electric. City of Meridian electrical inspectors state paint spraying operations are in progress. Tenants informed inspectors that a paint "Spray Booth" will be installed. No plans submitted to the Building Department for a tenant improvement for a spray booth. Fire Sprinkler permit issued to "Rides Unlimited-Meridian Auto Repair". Rich Greene stated on 2-21-06 that there are no sprinklers in the attic. Insulation must be added. There is no fire alarm monitoring system. Rich feels this project is being postponed by the applicants and that plan submittal and code compliance are not important and realistically is not likely to happen. Rich Greene stated we just cannot get any follow through. 2/23/2007 2-20-2007 Building Department meeting with Daunt Whitman, Bruce Freckleton, Brent Bjornson, Jenny Stoy, John Overton, Bill Nary and Caleb Hood. Jenny (Code Enforcement) provided new pictures of the property. Bill Nary agreed that this property needs escalated action and may have potential life/safety implications that exist. Bill will look into the option of disconnecting power to the property. Daunt and Brent will perform a site visit the week of 2-26-07. In conclusion, there appears to be life/safety risks that exist with the continued use and occupancy of a building which has not been approved for such use. The departments with concern are Building, (including fire and electrical), Code Enforcement, and Planning. Sincerely, Brent Bjornson 2/23/2007 ^MFMk,w~_.. ... .w"4.»r+u _+"qK'Fry~Ef14MMe'~M'vw+MlglRr...~„?.rfiA;;'r:yw.+- ,.+.,. ~,~,e.... ..;~: iE. p,p: .. .. .. _ .. ,- ..,. .s - u , w.e "; ~- ` BONDED LICENSED GENERAL CONTRACTORS INSURED ,, CASCADE BUILDERS BOISE OFFICE 2309 W. MOUNTAIN VIEW DR. • BOISE, IDAHO 83706 . CELL: (208) -713-2461 NAME ~ ~ ~ 1 DATE / ~:' PHONE ( ) ,~ ~ fi ~~ ADDRESS ~~ ~~ ~d ~~' , 4 .' ~- .~-:~ ,, ~.__ CITY ~ ~ ~~ c.{,~r~ STATE~_ ZIP JOB SITE ADDRESS WORK PHONE O CONTRACTOR AGREES TO SATISFACTORILY COMPLETE THE FOLLOWING JOB IN A WORKMAN LIKE MANNER, FURNISHING ALL LABOR AND MATERIALS AS SPECIFIED BELOW `'2~/// ~ ~ 'f ,,,, ~~ / f, 1 , r _.--..-_._. ~. FAULTY MATERIAL OR FAULTY LABOR WILL BE REPLACED FREE OF CHARGE Buyer's Right to Cancel - If this agreement was solicited at your residence and-you do not want the goods or service, you may cancel this. agreement by mailing a notice to the seller. The notice must say that you do not want the goods or service and must be mailed before midnight of the third business day after you sign this agreement. The notice must be mailed to: ABOVE ADDRESS This authorizes Cascade Builders to order a consumers credit report. IF JOB IS NOT FINANCED, OWNER AGREES TO PAY CASH UPON COMPLETION OFTHE JOB. Owner agrees to.promptly execute all necessary applications for financing, to provide financial data required by lender and to execute loan documents promptly. Owner agrees to sign all necessary papers required by any financial institution or contractor. Including a deed of trust or other agreement respecting real property. In the event legal action is necessary to enforce the terms of this agreement, customer agrees to pay all reasonable attorney fees. All surplus material is ro erty of the contractor. Contract Price ~`/~ t~ Down Payment ~'~ ~ . _ . Sales Tax / TOTAL DUE ~;~~' Terms (Approx.) $ Per month for months at % APR O.A.C. DATE ~/ / ~ y„""~- . .. e REPRESENTATIVE LS COMPANY '` t- LS zs~ ARTICLES OF ORGANIZATION L/M/ TED LIABILI TY COMPANY '~ (Instructions on back of application) t1!s APR 14 P~~ I ~ 0 ~ 1. The nameof the limited iiabili com an is: SEC+~E1~.fY_ Oi= STATE tY p Y STATF Of IDAHO RIDES UNLIlVIITED LLC 2. The street. address of the initial registered office is: 606 W 2NO ST MERIDIAN ID 83642 and the name of the initial registered agent at the above address is: BOGDAN MARTSENYUK 3. The mailing address forfuture correspondence is: P.O. BOX 1252 MERIDIAN ID 83680 4. Management of the limited liability company will be vested in: Manager(s) ^ or Member(s) ® (please check the appropriate box) 5. If management is to be vested in one or more manager(s), list the name(s) and address(es) of at least one initial manager. If management is to be vested in the member(s), list the name(s) and address(es) of at least one initial member. Name Ad^ dress Bogdan Martsenyuk 60b W 2~ St Meridian ID 83642 Tatyana Martsenyuk 606 W 2"~ St Meridian ID 83642 6. Signature of at least one person responsible forforming the limited liability company: Signature: ~ ~, /!d/ secretary bt state use only Typed Name: ~,Martsenyuk Capacity: ~,~r Signature ~s Typed Name: Capacity: Owner ~ ITD 03170 (Rev. a~o1~ APPLICATION FOR VEHICLE OR VESSEL DEALERSHIP LICENSE INSTRUCTIONS `This packet contains the forms required to license a vehicle or vessel dealership in Idaho. If the applicant's business is in the name of a Corporation, Limited Liability Corporation (LLC), or Limited Liability Partnership (LLP), a copy of the Status from the Secretary of State's Office must be submitted. If the applicant is an individual company or corporation doing business under any other name, an assumed or fictitious name filing must be applied for and recorded with the Secretary of State's Office. Submit verification of this filing with the application. WARNWG: It is recommended that you call Dealer Services at (208) 334-8681 to make sure a Doing Business As (DBA) name is not deceptively simidar to another business name before submitting the application to the Idaho Transportation Department. A home residence may NOT be used unless the dealership is either a separate building or a ground floor with a sepazate entrance and no entrance to the residence that zoning has approved. Submit the completed application, required attachments, and fees to: VEHICLE SERVICES IDAHO TRANSPORTATION DEPARTMENT PO BOX 34 BOISE ID 83731-0034 Upon receipt of the required information-and fees, the Dealer Licensing Unit will assign a Motor Vehicle Investigator to inspect the principal place of business for compliance with the Dealer/Salesman Licensing Act and ITD Rules. Applicants aze cautioned to allow at least 30 davs for license orocessin¢. Failure to complete all the necessary forms and supply the required information may delay this process. I.ICF~fStND FEES >=EE CALCCJLA710N Initial Application New and/or Used Dealership (Any Type)....... $115.00 Licensing Fee $ Dealer License Plates (Each, Includes $1.00 Mailing Fee)........ $ 16.00 Number and Type of Supplemental Lot ........................................................................ $ 25.00 Dealer Plates Requested Temporary Supplemental Lot* (1 Dealer) ................................... $ 25.00 Regular Plates Temporary Supplemental Lot* (2 or More Dealers) ................... $ 50.00 Motorcycle Plates Change of Location ...:................................................................. $ 25.00 Total x $16.00 $ Duplicate Documents (Each) ...................................................... $ 10.00 TOTAL AMOUNT DUE $ *Valid for 10 Days Only CHECKLIST ^ Fees enclosed (make check payable to Idaho Transportation Department) ^ Application completed in full with all signatures of the owners/officers/directors notarized ^ Franchises for all new vehicles/vessels sold (may not be within mileage restrictions of another mashing franchised dealer) ^ Proof of Corterate, LLC, or LLP Status from the Secretary of State's Office and a list of officers ^ Proof of fictitious or assumed name recording (including all owners' names) from the Secretary of State's Office ^ Zoning approval signed ^ Original signed Dealer Bond including all owners' names, corporation and/or dealership name (if not the same), and the address of the dealership location ^ Copy of Sales Tax Number Certificate ^ Personal History form (ITD-3171) for each owner/officer/director/partner/salesperson Page 1 of 4 ~ITD 03170 (Rev. B/01) APPLICATION FOR VEHICLE OR VESSEL DEALERSHIP LICENSE Application Date /~ Number of Regular Size Plates Requested Number of Motorcycle Size Plates Requested TYR1=~~OF APPI.tCA71C1N (Check One)~(A New ApplicatipR Must be Compteted ~ each Type) New Application ^ Change of Location ^ Change of Ownership ^ Change of Business Name ^ Supplemental Lot TYPS dF LICENSE (Gheck,Otte) TYPE OF Vl:HIGLE/YESSEL SAI-ES (Check All New 6etes That Apply ~ Check ©ne Us~ad Category) ^ Wholesale ^ Retail ^ New AutomobitelTrudc ^ New Trailer ^ New Recreational Vehide ^ New Vessel ^ New ATV, Motorcyde or Snowmobile ^ Used ATV/Motorcyde/Snowmobile Only (~ All Used Vehides Only (Induding Trailer/ ATV/Motorcyde/SnowmobileNessel) A copy of the franchise agreement for any new vehicle or vessel make must be enclosed with your application. Dl;"ALER3HIP INFORMATION (Check One) (Complete All the lnfarmatton Requaated' Below end see Instructions on Page 1y ^ Individual ^ Partnership ^ Corporation (Please submit verification ^ Limited Liability Partnership (LLP) ~ Limited Liability Corporation (LLC) of the filing.) Owners Name(s) or Corporation/LLP/LLC Name ~ U ~ ~ LAG Idaho Code 53-504 requires any business doing business as (DBA) a name other than the legal owner's name to file a Certificate of Assumed Business Name -with the Secretary of Stateb Office. Idaho Cods S3-S04 exempts a corporation from this requirement, unless the corporation is using an assumed business name. Firm or Trade Name (DBA) Firm Telephone Number Stnset Address, City, State Zip bob W rJ D ST- Me~~~cli q~ I D X36 2 Fax Telephone Number Name of Person or Persons Having Legal Custody of Real Property d C ~ tr1 Q ~ V1 l/I k.. Directio to Dealership (If Other Than a Street Ad ss) Mailing ~ ress~ O X 2 S 2 M~ 1171 N l~ X 3 6$ 0 ' p T t the name and title of each individual owner, partner, officer, or stockholder of the business. A Personal History form L i s (ITD-3171) is required for each individual listed below (attach a separate sheet, if necessary). Name Title Name Title Name Title Name Title Name Title Name Title °ZONIND AUTHOf21ZATFON ('this aectian must be stgned and stamped by the cou~rty or ~oning authority with jurlsd[ctton c~vtar the dealership focatlon if this id a neudapptication 8 abaoge at tocation,,or a new supplemental 14tlon. A separate authorization may be submitted.) I hereby certify, in accordance with Idaho Code 49-117(1 S), that the location listed above is in compliance with all county and/or city zoning and other land-use ordinances for the sale and repair of vehicles/vessels. Signature of Zoning Officer dd ff 11 C[~. ~'f~c~sc~': VSa ~~uii'~ J~i'~~s County of City of ~~f Av~~f~blez Page 2 of 4 09!24/04 14.10 FAY ~ 344 3103 Secretarial ~. [7]01 CAFCO, Inc. Licensed General Contractors Bonded 2309 West Mountain View Dr., Boise, Idaho 83706 208-713-2461 September 24, 2004 SENT VIA FACSIMILE Meridian Planning & Zoning Attn: Anna Canning Fax: 888-6854 RE: Request for alternate compliance for landscape at properly located at: 606 ~V. First St,, Meridian, Idaho 8642 Dear Anna: Because of 30-foot set-back restriction we cannot build the size shop required. for This project. A 10-fooC set back with five trees, a berm and l2 shrubs and a 6-foot high wooden fence separating the north end of the property and the senior citizens parking Iok is requested at this time. This is a one bay workshop where the owner buys cars., stores them in his shop and does all the work himself on the cars. The site has numerous trees and over 5,000 feet of grass as can be seen by the site plan _ Hope with this letter we can get this finalized. Sincerely, ~ ~ 'r W. B. Cafarelli ~. ~9 ~ r ~.~ -szu9eu-ze L05 I~ a\ ~ 3` socse a'3s~oa •aa nn~n N~vtanow •nn eosa eeva-s~.e-eoa •~- 'ONI OO~VO D D a ~ .p ~ ~ ~ ~ o m w ~ R \+ D S fn ~ Z O ~ ~ _ Q~ ~ a . m ~, o ~ m n m ~ ~ C'1 ~ Z m m O T Z D '0 ~ ~ r n * ~ r+ O .~ Z ~ T O ~ C m i D r x ~ Z D • AA DZ T Z T -- -- --- -- -- ~ = ~~ Q. *,.y ', ~`~ m w ti . ~ ~ w~., ~ m 'i' s ~ ~ z ~ \ \1 p S !~ 0 c ~y~ rn A ~ N ~~ `~ GreenPoint Mortgage Funding, Inc. (Company Name] (Name of Natural Person) 33 San Pablo Avenue (Street Address] San Rafael, CA 94903 (City, State Zip Code] (Space Above This Line For Recording Data) DEED Off' TRUST MIN: 100013802001745555 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13,.18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (?,) "Security Instrument" means this document, which is dated August 27, 2003, together with all Riders to this document. (B) "Borrower" is Bogdan Martsen}auk Jr, A Married Man Borrower is the trustor under this Security Instrument. (C) "Lender" is GreenPoint Mortgage Funding, Inc.. Lender is aCorporation organized and existing under the laws of the State of New York. Lender's address is 100 Wood Hollow Drive, Novato, CA 94945 (D) "Trustee" is PIONEER TITLE COMPANY OF ADA COUNTY. (E) "MFRS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MFRS is the beneficiary under this Security Instrument. MFRS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MFRS. (F) "Note" means the promissory note signed by Borrower and dated August 27, 2003. The Note states that Borrower owes Lender Seventy Nine Thousand Six Hundred and 0/100ths Dollars (U.S. $79,600.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than September O1, 2033. Idaho Deed o[Trust-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ~ MFRS IVloditied Form 3013 Ol/O1 -THE COMPLIANCE SOURCE, INC.- Page 1 of 15 lasolID osioo ~ 2000, The Compliance Source, Inc. www.compliancesource.com ,,.^u„ ~~~~~~ I,~II It tnllll IiII IIIII IIIA 11111111111111111111IIIII 11111 IIIII IIIII IIIII IIIII IIII ~~1~ i i..nn ..i..~ ,..,, ,..,,,,.. ~.~.........- _-... _ _._..._.. G P M W D 0 2 0 0 1 7 4 5 5 5 1 1 ~ • (G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (H) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (I) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable]: ^ Adjustable Rate Rider ^ Condominium Rider ^ Second Home Rider ^ Balloon Rider ^ Planned Unit Development Rider ^ Biweekly Payment Rider ^ 1-4 Family Rider ^ Revocable Trust Rider ^ Other(s) (specify] (J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condonunium association, homeowners association o: similar organization. (L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of--sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (M) "Escrow Items" means those items that are described in Section 3. (N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (O) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loar.. (P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regazd to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. Idaho Deed ofTrust-Single Family-Fannie Mae/Freddie Mac UNIFORivI INSTRUMENT MERS Modified Form 3013 O1/Ol -THE COMPLIANCE SOURCE, INC.- Page 2 of 15 14JOlID osuoo www.compliancesource.com ®2000, The Compliance Source, Inc. IIIII 1111111111111 I I IIII IIIIIIIIIIIIIIIIIIIIIIIIIIiII I I 1111111 III II III G P M W D 0 2 0 0 1 7 4 5 5 5 1 1 7 • • (R) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the County of Ada . (Type of Recording Jurisdiction] (Name of Recording Jurisdiction] Lots 14 through 17 inclusive in Block 2 of J.ivl. Anderson's Second Addition to Meridian, according to the plat thereof, filed in Book 2 of Plats at page(s) 87, records of Ada County, Idaho. which currently has the address of 606 `Vest 2nd Street (Street] iVleridian ,Idaho 83642 (City] (Zip Code) ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereb;r conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment Idaho Deed ofTrust-Single Family-Fannie MaefFreddie Mac UNIFORM INSTRUMENT MERS Modified Form 3013 O1/O1 -THE COMPLIANCE SOURCE, INC.- Page 3 of 15 Ia3oIID osioo www.compliancesource.com ®2000,, The Compliance Source, Inc. IIIIIIIIIIIIIIIIIIIIIII IIIIII IIIIIIIIIIIIIIII IIIIIII III III IIIIIIIIIIII II III G P M W D 0 2 0 0 1 7 4 5 5 5 1 1 7 ~x • charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note: (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due foI•: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if an;~, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such Idaho Deed oCTrust-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT MERS Modified Form 3013 Ol/O1 -THE COMPLIANCE SOURCE, INC.- Page 4 oC 15 Ia3otID os<oo www.complianeesouree.com ®2000, The Compliance Source, Inc. IIIIIII VIII IIIIIII III IIII IIIiVIII VIII VIII VIII VIII IIII VIIIIII IIII IIII III III IIII G P M W D 0 2 0 0 1 7 4 5 5 5 1 1 7 ~ ~ payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item. Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under 1ZESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funcls. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by 12ESPA. If there is a surplus of Funds held in escrow, as detined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien, which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay aone-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards Idaho Deed of Trust-Single Family-Fannie MadFreddie Mac UNIFORM INSTRUMENT MERS Modified Form 3013 01/01 -THE COMPLIANCE SOURCE, INC.- Page 5 of 15 Ia~oIID oruoo ®2000,'rhe Compliance Source, Inc. www.compliancesource.com I IIIIIII IIIIII VIII II IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII G P M W D 0 2 0 0 1, 7 4 5 5, 5 1 1 7 • • including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the- Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage.. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires. Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, v~~ith the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. Idaho Deed ofTrust-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT MERS Modified Form 3013 Ol/Ol -THE COMPLIANCE SOURCE, INC.- Page 6 of 15 Ia3olm o>uoo www.tompliancesourcamm ®2000, The Complianee Source, Inc. I IIIOU IIIIII VIII II IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII III II VIII IIII II II G P M W D 0 2 0 0 t 7 4 5 5 5 1 1 7 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender- otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allows the Property to deteriorate or conunit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is detern7ined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, nusleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but -are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows; drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge ul~less Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously Idaho Deed ofTrust-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT MERS iVlodilied Form 3013 O1/O1 -THE COMPLIANCE SOURCE, INC.- Page 7 of 15 1oJO1ID oaioo - www.compliancesourcacom ®2000, The Compliance Source, Inc. IIIIIIII IIIIII VIIIII IIIIIIIIIII VIII IIII VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII G P M W D 0 2 0 0 1 7 4 5 5 5 1 1 7 ~ ~ provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as anon-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide anon-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include finds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity; or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any -with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may-pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by Idaho Deed ofTrust-Single Family-Fannie MaelFreddie Mac LINIFORNf INSTRUMENT MERS Modified Form 3013 01!01 Pa e 8 of 15 14301ID 08100 -THE COMPLIANCE SOURCE, INC.- B ®2000, The Compliance Source, Inc. www.compliancesource.com IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 11111111 111111 VIII II 1111111 IIII VIII VIII VIII VIII 1 7 G P M W D 0 2 0 0 1 7 4 5 5 5 1 ~ ~ this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property inunediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are amibutable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All iViiscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower.. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Idaho Deed ofTrust-Single Family-Fannie blae/Freddie Mac UNIFORM INSTRUMENT MFRS Modified Form i o iID o,voo -THE COMPLIANCE SOURCE, INC.- Page 9 of 15 ®2000, The Compliance Source, Inc. www.compliancesourcawm IIII VIII VIII VIII VIII VIII IIII IIII I IIIIIU II IIII II III II Ilillll 1111 I IIII 11111 Iilll VIII illll VIII i G P M W D 0 2 0 0 1 7 4 5 5 5 1 1 7 Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection wit Borrower's default, for the purpose of protecting Lender's interest m ectionr and alu aion fees.ndIn reglard t any Instrument, including, but not limited to, attorneys' fees, property insp other fees, the absenceib teon on the charging oflsuch fee. Lendeclmay nohcharge fesl l at are exp~essly prohibit d be conttnied as a prol by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received the Applicable by Lender. If any notice required by this Security Instrument is also required under Applicable Law, Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect witha uwords oof lthe gmasculine gender shall mean and include As used in this Security Instrument: ( ) corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. VIERS Modified Form 3013 01/01 Idaho Deed ofTrust-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ia3olro oaroa Page 10 of 15 ®zooo, Tne conpGana source, mo. -THE COMPLIANCE SOURCE, INC.- www.compliancesource.wm VIII VIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII IIIIIIII IIIIII VIII II IIIIIII IIII VIII VIII 5 5 5 1 1 7 G P M W D 0 2 0 0 1 7 4 ~ ~ If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with. Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pernutted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' .fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from. the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: Idaho Deed ofTrust-Single Family-Fannie Mae/Freddie IVIac UNIFORM INSTRUMENT MERS Modified Form 3013 Ol/Ol -THE COMPLIANCE SOURCE, INC.- Page I1 oC 15 1e3o1ID oe/oo www.compliancesourcacom _ ®2000, The Compliance Source, Inc. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIVIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII G P M W D 0 2 0 0 1 7 4 5 5 5 1 1 7 ~ ~ gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessar~.~, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute written notice of the occurrence of an event of default and of Lender's election to cause the Property to be sold, and shall cause such notice to be recorded in each county in which any part of the Property is located. Lender or Trustee shall mail copies of the notice as prescribed by Applicable Law to Borrower and to other persons prescribed by Applicable Lafv. Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable Law. After the time required by Applicable Law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Idaho Deed otTrust-Single Family-Fannie Mae/Freddie Nlac UNIFORM INSTRUMENT VIERS iVlodified Form 3013 O1/O1 -THE COMPLIANCE SOURCE, INC.- Page 12 of 15 Ia3oiID oaroa www.compliancesource.com ~ ~~ 2000, The Compliance Source, inc. Iliilllll 111 lllllllllllllllll VIII VIIIIIiIIIIIIIIIIIIIIII VIIIIIIIIIIIIIIIIIIIIII G P M W D 0 2 0 0 1 7 4 5 5 5 1 1 7 Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. Lender may charge such person or persons a fee for reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is permitted under Applicable Law. 24. Substitute Trustee. Lender may, for any reason or cause, from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. 25. Area and Location of Property. Either the Property is not more than forty acres in area or the Property is located within an incorporated city or village. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: G ~D/~jfs+,i", ~ (Seal) o an Martsenyuk Jr -Borrower Mailing Address: 2593 East Apricot Meridian, ID 83642 Mailing Address: Mailing Address: Mailing Address: (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower Idaho Deed ofTrust-Single Family-Fannie MaelFreddie iviac UNIFORM INSTRUMENT VIERS Modified Form 3013 O1/Ol -THE COMPLIANCE SOURCE, INC.- Page 13 of 15 Ia3orin o>uoo www.compliancesourcacom ®2000, The Compliance Source, Inc. I II VIII IIII I I VIII II I IIIIII II II I IIII VIII VIII VIII VIII VIII VI II VIII VIII VIII VI II VI II IIII II II G P M W D 0 2 0 0 1 7 4 5 5 5 1 1 7 s ~ (Acknowledgment on Following Page] State of § County of ~ Before me the undersigned authority, on this day personally appeared known to me (or proved to me tluough an identity card or other document) to be the person(s) whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she/they executed the same for the purposes and consideration therein expressed. Given under my hand and seal on this day of (Seal) Notary Public My Comrnission Expires: Idaho Deed ofTrust-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT MERS Modified Form 3013 Ol/O1 -THE COMPLIANCE SOURCE, INC.- Page 14 of IS ra3olln oaioo www.compliancesaurce.com ~ ®2000, The Compliance Souree, Inc. I II VIII IIIIII VIII II IIIIIII IIII VIII VIII VIII VIII VIII VIII VI II VIII VIII VIII VIII VIII IIII II II G P M W D 0 2 0 0 1 7 4 5 5 5 1 1 7 ..~ ~" HUB OFTREASURE VALLEY MAYOR A Good Place fo Live LEGAL DEPARTMENT Tammy~Weerd (208)888-1433 •Fax887-4813 CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS BUII-DING DEPARTMENT Keith Bird 33 EAST IDAHO (208) 887-2211 • Fax 887-1297 William L.M. Nary MERIDIAN, IDAHO 83642 Shaun Wardle (208) 888-4433 • FAX (208) 887-4813 PLANNING AND ZONING Charles M. Rountree City Clerk Office Fax (208) 888-4218 DEPART'~NT (208) 884-5533 • FAX 888-6854 CERTIFICATE OF ZONING COMPLIANCE Date: September 27, 2004 Project Name: Martsenyuk Shy Project Address: 606 2nd Street West Proposed Use: Automotive Shoff Owner: Bogden MartsenXuk Jr. Applicant: Cascade Builders Inc. Zoning: I- Comments: Conditions of Approval: The issuance of this permit does not release the applicant from any requirements of the approved Conditional Use Permit issued for this development. Si~nas;e: No signs are approved with this CZC. All signs will require a separate sign permit in compliance with the sign ordinance. Landscaping: The Landscape Plan is approved per the plan stamped 9/27/04. The approved landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. No field changes to site plan permitted; prior written approval of all material changes is required. Irrigation: An underground, pressurized irrigation system must be installed to all landscape areas per the specifications provided. Curbing: Per Ordinance 12-13-7-9, all landscape azeas adjacent to driveways, pazking lots, or other vehicle use azeas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing may be cut to allow for storm water runoff. Protection of Existing Trees: Any existing trees on site must be protected in accordance with the Tree Preservation section of the City's Landscape Ordinance. Per Ordinance 12-13-13-4, coordinate with the Pazks Department Arborist (Ekoy Huff, 888-3579) for approval of protection measures prior to construction. Any severely damaged tree must be replaced in compliance with Ordinance 12-13-13-6. Parking Off-street pazking is approved as shown on the approved Site Plan (stamped 9/27/04 ). Project engineer/azchitect shall certify that the number and size ofhandicap-accessible spaces conforms to the Americans with Disabilities Act (ADA). Handicap accesslble stalls must have signage in accordance per ADA. i Sidewalks: All sidewalks shall be constructed as shown on the approved Site Plan and in accordance with the Meridian City Code requirements (MCC 12-S-2.K). Sidewalks shall be constructed prior to occupancy of the permanent building. Li tin :Lighting shall not cause glare or impact the traveling public or neighboring development. Trash Enclosure: All dumpsters must be screened from view and not be visible by the public or from adjacent properties. Trash enclosure must be built in the location and size as approved by SSC. See Meridian City Code 11-12-1. C. for enclosure requirements. ACHD Acceptance: Applicant shall be responsible for meeting the requirements of ACHD as they pertain to this development. All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of Meridian Planning and Zoning staff for approval prior to the issuance of a building permit. Certificate of OccupancX: All required improvements must be complete prior to obtaining a Certificate of Occupancy. A Temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a Letter of Credit or cash in the amount of 110% of the cost of the remaining improvements. A bid must accompany any request for Temporary Occupancy. No occupancy will be granted until the final plat for the property is recorded. Plan Modifications: The approved Site Plan, stamped 9/27/04, is not to be altered without prior written approval of the Planning & Zoning Department. No significant field changes to the site or landscape plans are permitted; prior written approval of all changes is required. VV Wendy ' kpatrick Associate City Planner *This letter does not indicate compliance with requirements of other departments/agencies, including, but not limited to, Ada County Highway District, Central District Health Department, affected irrigation district(s), Meridian Sewer, Water, Building or Fire Departments, Sanitary Services Co., etc. This letter shall expire one (1) year from the date of issuance if work has not begun. .. CITY OF MERIDIAN Planning & Zoning Department 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 (208)884-5533 Phone / (208)888-684 Fay C_ ERTIFICATE OF ZONING COMPLIANCE (CZCI APPLICATION ~ yJ~ (Sectcon 11-19-1, Zoning and Development Ordinance) PROJECT NAME: APPLICANT: ADDRESS: ~ ~ ~ GJ ~,~~ /~ ~~ ~~ PHONE: ~`'I f ~ ' ~' ~~ ~ FAX: OWNER(S) OF RECORD: l.~c~ ~ ADDRESS: ~ ~~ ~ "~~ ~. PHONE: ~ ~ ~l ~ ~ ~` FAX: ARCHITECT (IF DIFFERENT THAN APPLICANT): ADDRESS: PHONE: E-MAIL '~ C ADDRESS, GENERAL LOCATION OF SITE: ~ ~ ~ }-~ S ~ GfA-z~Z~ /~~~~ L • TOWNSHIP, RANGE, AND SECTION:_ L~c ~~ % ~! ~{~_/ 7 ~ ~,~__!~~ ~-~~-~ ~~~ DESCRIPTION OF USE: e~.; PRESENT ZONE CLASSIFICATION: I, '" '(6 ~`~- ~~ o hereby affirm that I will agree to pay any additional sewer, water or trash fees or arges, if any, associat with the use that Uwe have applied for, whether the use be residential, commercial or industrial in nature. Furthermore, I have read the information contained herein and certify that the information is true and correct. ~(: CIS .2 ~~ ~ ~'`-~~~rt ' (Applicant's Signature) (Date) E-MAIL: E-MAIL: FAX: • CONTENTS OF' CZC APPLICATION (Incomplete applications hill not be processed) An application for a Certificate of Zoning Compliance shall be filed with the Planning and Zoning staff by the owner of the property or the applicant of the proposed use. The application shall contain the ' following information. Completed and signed CZC application form. 2. The last deed of record for the subject property. 3. Notarized Affidavit of Legal Interest (attached). 4. Four (4) copies of a detailed site plan, drawn to a scale of not less than 1"=50'. Also include Four (4) copies of an 81/2" x i 1" reduction of the site plan. 5. Submit a scalable Vicinity Map of the subject property and surrounding properties (a map may be obtained from the Meridian Planning & Zoning Department). 5. Three (3} copies of the landscape design in compliance with the Landscape Ordinance, drawn to a scale of not less than 1"=50'. Also, include three (3) copies of an 8 '/2" x 11" reduction. See attached landscape submittal requirements. 7. Three (3) copies of irrigation performance specifications in eompfianee with the Landscape Ordinance. (Form attachea~ 8. Written approval or a stamped site plan from Sanitary Service Company (SSC) indicating that the designs of the trash enclosure and access drive are acceptable. 9. A calculations table that shall list the number of parking stalls, building size, lot size, landscaping, open space, setbacks, fencing, screening and coverage. 10. A written statement from the applicant detailing the proposed use(s) of the property. Please list as many details as possible. 11. A fee of $60.00. ACRD Acceptance: Applicant shall be responsible for meeting the requirements of ACRD as they pertain to this application. All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be made to the site plan to accommodate the ACRD requirements, a neev site plan shall be submitted to the City of Meridian Planning & Zoning Department for approval prior to the issuance of a budding permit STATE OF IDAHO ) COUNTY OF ADA ) AFFIDAVIT OF LEGAL INTEREST (name} (address) ~I f J,, being first duly sworn upon ~' ~ (`e'~ ~ ~` ~ ~ _ ~~~~ ~' ~o oath, depose and say: (C1tS') (state) 1. That I am the record owner of the property described on the attached, and I grant my permission to: (name) (address) to submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property, which is the subject of the application. Dated this t>( ~j day of ~~ ~ 200 1~. `J (Signature) SUBSCRIBED AND SWORN to before me the day and year first aboXe written. RAINELLE ESPOSITO Notary Public i~ State of Idaho Notary Public Residing at_ My Commission Expires_ :: v. ~~'.,1,, .:~ ~ ~ Il~ti~ATI~~T P~I~E®Tr-N~ANC~ SPlECIPICATI®~TS PER ORDINANCE 12-13-8 NOTE: Submit 3 copies of this completed form with any application for Certificate of Zoning Compliance (CZC).. Project Name: Specifications: Available Gallons per Minute: Available Water Pressure: Point of Connection (describe and/or subnut a site plan): • Primary Connection: • Secondary Connection: Landscape Area: If the irrigation system is hooked to City ureter as a primary or secondary water source, submit the square footage of landscape areas to be irrigated.• ~'~ e s. f. Backflow Prevention A backflow prevention device must be installed as required by City Ordinance 9-3. Coverage The irrigation system must be designed to provide 100% coverage with head to head spacing or triangular spacing as appropriate. M etched Precipitation Rates Sprinkler heads must have matched precipitation rates within each control valve circuit. Irrigation Zones Sprinkler heads irrigating lawn or other high-water-demand areas must be circuited so that they are on a separate zone or zones from those irrigating trees, shrubs, or other reduced- water-demand areas. Overspray Sprinkler heads must be adjusted to reduce overspray onto impervious surfaces such as sidewalks, driveways, and parking areas. ~_ Additional Irrigation leTotes: Irritration Required All landscape areas regulated by the City Landscape Ordinance (12-13) shall be served with an automatic underground irrigation system. Additional requirements affecting pressurized irrigation systems can be found in City Ordinance 9-1-28. Irrigation Water Source Use of non-potable irrigation water is required when determined to be available by the City Public Works Department as regulated by City Ordinance 9-1-28. If city potable water is used, a separate water meter is recommended so the owner can avoid paying sewer fees for imgation water. Potable water shall not be used as a primary irrigation water source on non-residential lots with more than '/2 acre of landscaping. Year round water availability is also required by connecting to city potable water or an on-site well as a secondary source. Certification: ~ ~ , do hereby affirm that any irrigation system installed for the proj mentione above will be designed and installed in compliance with the specifications and notes stated in this form. ~ v Applicant's Si tore Dade V ~/ HUB OF TREASURE VALLEY ._._ MAYOR A Good Place to Live ,, LEGAL DEPARTMENT Tammy deWeerd CITY ®F MERIDIAN (208) 888-4433 • Fax 887-4813 CITY COUNCIL MEMBERS PUBLIC WORKS Keith Bird 33 EAST IDAHO BUILDING DEPARTMENT William ~,.M. Nary MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Shaun Wardle (208) 888-4433 ~ FAX (208) 887-4813 PLANNING AND ZONING Charles M. Rountree City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • FAX 888-6854 CERTIFICATE OF ZONING COMPLIANCE* Date: September 27, 2004 Project Name: Martsenyuk Shop Project Address: 606 2nd Street West Proposed Use: Automotive Shop Owner: Bo;?den Martsenyuk Jr. Applicant: Cascade Builders Inc. Zoning: I-L _ Comments: Conditions of Ap royal: The issuance of this permit does not release the applicant from any requirements of the approved Conditional Use Permit issued for this development. Si lg_iage: No signs are approved with this CZC. All signs will require a separate sign permit in compliance with the sign ordinance. Landscaping The Landscape Plan is approved per the plan stamped 9/27/04. The approved landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. No field changes to site plan permitted; prior written approval of all material changes is required. Irri ation: An underground, pressurized imgation system must be installed to all landscape areas per the specifications provided. Curbin :Per Ordinance 12-13-7-9, all landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing maybe cut to allow for storm water runoff. Protection of Existing Trees: Any existing trees on site must be protected in accordance with the Tree Preservation section of the City's Landscape Ordinance. Per Ordinance 12-13-13-4, coordinate with the Parks Department Arborist (Elroy Huff, 888-3579) for approval of protection measures prior to construction. Any severely damaged tree must be replaced in compliance with Ordinance 12-13-13-6. Parkin>;: Off-street parking is approved as shown on the approved Site Plan (stamped 9/27/04 ). Project engineer/architect shall certify that the number and size ofhandicap-accessible spaces conforms to the Americans with Disabilities Act (ADA). Handicap accessible stalls must .have signage in accordance per ADA. Sidewalks: All sidewalks shall be constructed as shown on the approved Site Plan and in accordance with the Meridian City Code requirements (MCC 12-S-2.K.). Sidewalks shall be constructed prior to occupancy of the permanent building. Li htin :Lighting shall not cause glare or impact the traveling public or neighboring development. Trash Enclosure: All dumpsters must be screened from view and not be visible by the public or from adjacent properties. Trash enclosure must be built in the location and size as approved by SSC. See Meridian City Code 11-12-1. C. for enclosure requirements. ACRD Acce tp ance: Applicant shall be responsible for meeting the requirements of ACHD as they pertain to this development. All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of Meridian Planning and Zoning staff for approval prior to the issuance of a building permit. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy. A Temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a Letter of Credit or cash in the amount of 110% of the cost of the remaining improvements. A bid must accompany any request for Temporary Occupancy. No occupancy will be granted until the final plat for the property is recorded. Plan Modifications: The approved Site Plan, stamped 9/27/04, is not to be altered without prior written approval of the Planning & Zoning Department. No significant field changes to the site or landscape plans are permitted; prior written approval of all changes is required. 2~~~'U ~ ~'~ ~~~~ ~~~ ~ ~~ ~ ~ Wendy Kirkpatrick Associate City Planner *This letter does not indicate compliance with requirements of other departments/agencies, including, but not limited to, Ada County Highway District, Central District Health Department, affected irrigation district(s), Meridian Sewer, Water, Building or Fire Departments, Sanitary Services Co., etc. This letter shall expire one (1) year from the date of issuance if work has not begun. UN'N ~ 606 W. 2nd ~reet Vicinity Map r1' i~ri~ll_~Ik~ i~F-i ~ I ~~ ' - W Broadway Ave c N ~ ~ ~ ~ >~ > N Z UPRR 1 -~ ,~ __ _ ~R ~P w 300 0 300 600 900 Feet • ~~,_m. • ' I .. 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