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Application(~irE IDIAN~-- IDAHO TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN MayorTammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba To ensure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission please submit your comments and recommendations to Meridian City Hall Attn: Jaycee Holman, City Clerk, by: 13-Dec-12 Transmittal Date: November 28, 2012 File No.: AZ 12-014 & CUP 12-020 Hearing Date: December 20, 2012 Request: Public Hearing: Annexation of 6.99 acres of land from RUT and R-1 in Ada County to the R-8 (Medium-density residential) zoning district AND Conditional Use Permit approval to operate a nursing care facility consisting of two (2) buildings on 1.9 acres in a proposed R-8 zone for Tomorrow's Hope By: Thair Pond Location of Property or Project: east side Of N. Meridian Road and south of E. Ustick Road Joe Marshall (No FP) Scott Freeman (No FP) Steven Yearsley (No FP) Michael Rohm (No FP) Tom O'Brien (IVo FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Brad Hoaglun, C/C Keith Bird, C/C David Zaremba C/C Sanitary SeNICeS (No VAR, VAC, FP) Building Department /Rick Jackson Fire Department Police Department City Attorney City Public Works/Scott Steckline City Planner Parks Department Economic Dev. City Engineer Your Concise Remarks: Meridian School District (No FP> Meridian Post Office (FP/PP/sHP only> Ada County Highway District Ada County Development Services Central District Health COMPASS (Comp Plan only) Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,cuP/SHP only) QWeSt (FP/PP/SHP only) IntermOUntaln GaS (FP/PP/SHP only) Idaho Transportation Dept. (No FP> Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise-Kung Irrigation District Boise Project Board of Control /Tim Page City Clerk's Office • 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433 •Fax 208-888-4218 • www.meridiancity.org E IDIAN~-- Plallning Department COMMISSION & COUNCIL REVIEW APPLICATION Type of Review Requested (check all that apply) ^ Alternative Compliance Annexation and Zoning ^ Comprehensive Plan Map Amendment ^ Comprehensive Plan Text Amendment Conditional Use Permit STAFF USE ONLY: ^ Conditional Use Permit Modification o ^ Design Review File number(s): ~'Z. > I ~ ' L'/~ ^ Development Agreement Modification GUpO~ ~2 - 02,0 ^ Final Plat '- ~ ~+ ^ Final Plat Modification Project name: i~/'z~'~c. =S ~' ^ Planned Unit Development Date filed: //" 16"lZDate complete: ~~2~~~ ^ Preliminary Plat ^ Private Street Assigned Planner: ~ ~~_~~ ~C%e~~'re=~~~~ ^ Rezone Related files:_~ ^ Short plat ^ Time Extension (Commission or Council) ^ UDC Text Amendment Hearing date: 12-~- l ~i 1~ Commission ^ ^ Vacation (Council) ^ Variance Council ^ Other Applicant Information Applicant name: 'rOMOg-'R4~ ~'S ~o~: Phone: 31Q -O`i rv0 Fax: 3 -O'T 6 Applicant address: {~'S~ ~.~\p-~\E4~ .1t.J~..sT'• 100 Zip: $3'f0'2- E-mail: .CArI Applicant's interest in property: 'Own ^ Rent ^ Optioned ^ Other Owner name: T4~~p.\g.1-.~~b ~~ 1 Phone: 3~9 -O"T(oa Owner address: 2g80 N. M~¢\~~A~.1 '~'D. Zip: ~ E-mail Fax: 3~4 -016 -r~~ ~ ~I~Lc„c~ Agent name (e.g., architect, engineer, developer, repre11sentative): M~TCI~~-\~ ~L: -~~~~'\S -'• I Firm name: 'T~~ 1.D. '~ ~p11t~t ~NL . Phone: - 0-'I~ Fax: Q'~9'-~'f'1 ~ Address: ~62'~. ~1o~'E '~R.}ST. too '>a•s1~Cat<.~E Zip: 4361 fo E-mail: 11 '-Ilar~ti.A~ ~ra~?\NGrc~oll Primary contact is: ^ Applicant ^ Owner Agent ^ Other Contact name: ~li~.TCi4'~4 ~ T. ~~L1rt~a Phone: ~~ Fax: Contact address: ~(~2 30 . ~o~4og-~ 'bR. _ ~T. Ido ~i~Ca~.Zip: 5,61 C-a E-mail: t"LIS--'t't' ~-'rl~~t-A DC-tRout~ 1~ G.coCl Subject Property Information Location/street address: Assessor's parcel number(s): Township, range, section: '3 Current land use: Q.Lb.\~~ Current zoning district: .~-1 ~ '!a-~.LT 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (Rev. ! 1/29/1 /J Project Description Project/subdivision name: ~'OMa'iZF O\~ ~`~ '~~ General description of proposed project/request: Proposed zoning district(s): _~ Acres of each zone proposed: 7 Type of use proposed (check all that apply): ~y~~,~`~ a~- Residential ^ Commercial ^ Office ^ Industrial I~Other'p-Tr~1'CT~~TI.~1. ~~F~11.~'CY Amenities provided with this development (if applicable): ~~- Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? Primary irrigation source: ~~~~~.~ Gh'~( Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): 2 ... Residential Project Summary (if applicable) "~x1.~."{'l~(a 4}p~~ Number of residential units: ~ Number of building lots: Number of common and/or other lots: Proposed number of dwelling units (for multi-family developments only): 1 Bedroom: ~~ 2 or more Bedrooms: ~lp'e Minimum square footage of structure(s) (excl. garage): Proposed building height: '~"' Minimum property size (s.f): S, 1'7 .~G . Average property size (s.f.): _"' Gross density (DU/acre-total land): Percentage of open space provided: Percentage of useable open space: Net density (DU/acre-excluding roads & alleys): ~" Acreage of open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ^Sfngle-family ^ Townhomes ^ Duplexes ^Multf-family Non-residential Project Summary (if applicable) ~ 'g..MT~.T~~~~ C,4P-~ ~.a~•~l-~T'(' Number of building lots: ~ Other lots: ~~ Gross floor area proposed: 2~~Op ~..: 5600~~F Existing (if applicable): 00 Hours of operation (days and hours): ~ 'i3AYs~~ ~b y>Qss Building height: ~ ~,~ Percentage of site/project devoted to the following: 1~.tp~.~-r V~'~.: (.~i~ °lo Landscaping: lO~~o Building: IGF:"1 p~~o Paving: iL/°~0 Total number of employees: ~{I~g\~s Maximum number of employees at any one time: ~O Number and ages of students/children (if applicable): ~~ Seating capacity: Total number of parking spaces provided: ~_ Number of compact spaces provided: O Authorization Print applicant name: Applicant signature: , Date: 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 Website: www.meridiancity.org 2 (Rev. 11/29/1lJ THE LAND GROUP, INC. November 9, 2012 Mr. Bill Parsons Meridian Development Services Planning Division 33 E. Broadway Avenue Meridian, ID 83642 Re: Applications for Tomorrow's Hope Intermediate Care Facility concerning Annexation/Rezone and Conditional Use Permit Dear Mr. Parsons: We are pleased to submit the enclosed applications associated with the proposed development of Tomorrow's Hope Intermediate .Care Facility, located at 2980 N. Meridian Road in Section 6 ofTownship 3N, Range 1E, Ada County. These parcels are currently within the jurisdiction of Ada County and are zoned R1 and RUT. These applications include Annexation/Rezone for both Parcels 1 and 2 and Conditional Use Permit for Parcel 1. The property is located within the City of Meridian Comprehensive Plan and is designated as Medium Density Residential. Parcel 1 has an existing barn with horse pasture and Parcel 2, to the south, has an existing single-family residential home with horse pasture to the west, south and east. The site is adjacent to single-family residential to the north (R4), single-family residential to the east (R1 and RUT), single-family residential to the south (R8), and single-family residential and office to the west (R4 and L-O) west, across Meridian Road. Annexation/Rezone Application: The applicant proposes annexation/rezone for two parcels; Parcel 1- 51106222656, which is 1.914 acres and Parcel 2 - S1106222636, which is 5.17 acres. We request these two parcels be rezoned to R8, Medium-Density Residential District, from R1 and RUT zoning districts, respectively. The application includes a Conceptual Subdivision Plan for future development as requested at the Pre-Application meeting. Conditional Use Permit Application: The applicant proposes to develop the northerly Parcel S1106222656, which is 1.914 acres, into an Intermediate Care Facility. The facility will .include two residential homes that will each house up to eight residents and be utilized to offer comprehensive services to meet individual's needs. Residents are moderately to profoundly intellectually disabled and need 24 hour supervision with some nursing requirements. These facilities provide a training service to help increase the residents' daily living skills such as money management, personal hygiene and social skills. Existing Tomorrow's Hope ICF facilities in the Treasure Valley maintain an excellent relationship with the neighborhood and surrounding community they are located within. Tomorrow's Hope is a good neighbor. Off street parking and landscape improvements will be located at the front of the residences that includes covered parking at the front sidewalk and fenced side yards for each residence. As per Meridian Code, each side yard will be fenced with six-foot non-scalable fencing. A 25-foot landscape buffer will be Site Planning • Landscape Architecture • Civil Engineering • Goff Course Irrigation & Engineering • Graphic Design • Surveying 462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • F 208.939.4445 • www.thelandgroupinc.com November 9, 2012 ;M Page 2 of 2 maintained as horse pasture along North Meridian Road as required by Meridian Code Design Standards. This buffer will be measure at 25' from the future build out back of curb location fora 5 lane Principal Arterial. The existing access into the property from Meridian Road will be improved with the construction of a driveway approach including ADA compliant pedestrian access per ISPWC and ACHD Standards. Ada County Highway District has indicated dedication of 23-feet of additional Right-of-Way, totaling 48-feet from the centerline of Meridian Road will be required. ACHD has indicated that the existing access into the property can remain at its current location with a request by the Owner for a approach separation waiver. The Owner would like to request that ACHD grant this waiver in response to this application. The proposed site plan and landscape plan meet all requirements for building and off street parking, dimensional standards, screening requirements and fencing per the Meridian Unified Development Code 11-4-3-29: Nursing or Residential Care Facility. New curb, gutter and sidewalk will be implemented within the parking area and all existing mature trees will be retained. All sewer, water and storm drainage shall be installed per City of Meridian standards. The Owner would like to request a domestic water connection with a backflow prevention device for Pressurized Irrigation water because of conditions which will not allow for the use of surface water or well water. The use of surface water from Nampa & Meridian Irrigation District is not feasible. The surface delivery on the east edge of the property is on a rotation with 6 other users and cannot provide a 24/7 water delivery. It is not feasible to construct a pond to store water for this landscape area and is therefore not feasible for irrigation of the landscape improvements. The use of the existing domestic well located on the south parcel is not feasible for use on the north parcel. In the event that one of these parcels was sold the water source and power for the well would be under the control of a different property owner. While we understand that the use of domestic water for irrigation is not the preferred method we believe that this specific property should be allowed this connection. It is possible that when the remaining property is subdivided and developed, the Intermediate Care Facility development could be converted and connected to the subdivision PI system and removed from the domestic service. We appreciate the opportunity to present these applications and look forward to providing any additional information required for City of Meridian City application process. If you have any questions, please do not hesitate to contact our office. Sincerely, Matthew T. Adams Site Planning • Landscape Architecture • Civil Engineering • Goif Course Irrigation & Engineering • Graphic Design • Surveying 462 E. Shore Drive, Suite 10©• Eagle, Idaho 83616 • P 208.939.4041 • F 208.939.4445 • www.thelandgroupinc.com QUITCLAIM DEED For value received, Thair Pond and Deborah A. Pond, husband and wife, do hereby quitclaim unto Thair Pond and Deborah A. Pond as Trustees of "The Pond Family Revocable Living Trust", any and all of their interest in the real property described as follows: As set forth on the attached EXHIBIT "A", which by this reference becomes a part hereof. together with all appurtenances attached. ' By: ~~~- r - ~` ~' Thair Pond By: ~~~l~Dl `lDiru~ Deborah A. Pond State of IDAHO ) ss. County of Ada ) On this 24~' day of July, i~99, before me, a notary public of the State of Idaho, pe~sorially appeared Thair Pond and Deborah A. Pond, known to me to be the persons ~~ ~hos4, names are subscribed to this instrument, and acknowledged to me that they ej~e ut this instrument. •, E. ~;;;~,,. ~~~. ~~~ ~ 'mss ~ A~ % , ~~ ~~ _.. ~ ,o '~ ~ r C6 ~V~,, C~~%/ I~ N ry Public for IDAHO siding at Boise, ID omrnission Expires: 10-14-2003 E 4ROED" t~E EST 0~ `~-;, CUI;tlTY RECORt}ER pEPU Y Z~a~ 2~ ~~ g; sg ~ 00458 86 QUITCLAIM DEED EXHIBIT "A" PARCEL I A parcel of land in Lot 4 of Section 6, Township 3 North, Range 1 East, Boise Meridian, in Ada County, Idaho, more particularly described as follows: BEGINNING at the Northwest corner of said Section 6, Township 3 North, Range 1 East, a bronze cap; thence South 569.2 feet along the West boundary line of said Section 6 to a point, the REAL POINT OF BEGINNING; thence South 210.4 feet along the west boundary line of said Section 6 to a point; thence along the centerline of an irrigation ditch through the following two South 59cdegreesa30'dEastn469.Otfeeteto a point; thence South 83 degrees 34' East 186.6 feet to a point; thence North 467.8 feet to a steel pin; thence North 89 degrees 51' West 589.6 feet to the REAL POINT OF BEGINNING. PARCEL II A parcel of land in Lot 4 of Section 6, Township 3 North, Range 1 East, Boise Meridian, in Ada County, Idaho, more particularly described as follows: BEGINNING at the Northwest corner of said Section 6, ' Township 3 North, Range 1 East, a bronze cap; thence South 317.8 feet along the West boundary line of said Section 6, to a point, the REAL POINT OF BEGINNING; thence South 251.4 feet along the West boundary line of said Section 6 to a point; thence South 89 degrees 51' East 589.6 feet to a point; thence North 251.4 feet to a point; thence North 89 degrees 51' West 589.6 feet to the REAL POINT OF BEGINNING. E:{CEPT A parcel of lsnd in Lot 4 of Section 6, Township 3 North, Range 1 Ea3t, Soi3e Meridian, in Ada County, Idaho, more particularly described as Follows: BEGINNING at the Northwest corner of said Section 6, Township 3 North, Range 1 East, a bronze cap; thence South 317.8 feet along the West boundary line of said Section 6 to a point, the REAL POINT OF BEGINNING; thence South 110.0 feet along the west boundary line of said South 89Sdegrees651~ East1589.6hfeet to a point; thence North 110.0 feet to a point; thence North 89 degrees 51' West 589.6 Eeet to the REAL POINT OF BEGINNING. QUITCLAIM DEED Ada County Parcel Information Parcel ID #: 51106222636 Property Address: 2980 N Meridian Rd Meridian, ID 83646 Property Type: Residential Owner Information Owner Name: Pond Family Revocable Trust Second Owner: Pond Thair S Trustee Mail Address: 1655 Fairview Ave Ste 100 Boise, ID 83702-0000 Assessor Information Legal Description: PAR #2636 OF GOVT LOT 4 SEC 6 3N lE #2632-B Subdivision: 3N 1E 06 Lot/Block: 4/ Section: 06 Treasurer Information Acres: 1.9140 Year: 2009 Tax: $2,748 brig District: NAMPA MERIDIAN IRR Year: 2010 Tax: $2,264 Tax Code Area: 242 Year: 2011 Tax: $2,109 Levy Rate 2010: 0.011434936 Assessor Categories Levy Rate 2011: 0.011773355 Year Cat. Description Acres Value Levy Rate Change: 2.96% 2012 350 COM IMPROVEMENT 0 $53,000 Zoning: Ada County-Rl 2012 120 RESIDENTIAL TRACT 1.414 $61,700 Homeowner $0 Exemption: 2012 130 COMMERCIAL TRACT 0.5 $55,500 Totals: 1.914 $170,200 Land Information Residential Acres: 1.414 Commercial Acres: 0.5 Other Acres: 0 Street: Water Source: Sewer: Sidewalks: N Curbs and Gutters: N View: Water Influence: Water Frontage: 0 Corner: N Utilities: Topography: Commercial Characteristics Category: 350 Year Built: 1998 Business Name: Tomorrows Hope Stories: 1 Units: 0 Leaseable Sq. Ft.: 0 Ground FI. Sq. Ft.: 3360 Total Sq. Ft.: 3360 Used Acres: 0 Total Acres: 0 Title~One a title ~ rscrri~v cct. 10/23/2012 TUE 14:46 FA% 208 319 0765 Tomorrows Hope Recording requested by: Wells Fargo Bank, N.A. VICTOR SEEBER DOCUMENT PREPARATION i 18700 NW WALKER RD #92 BEAVEATON, OREGON 97006 866-537-8489 When Recorded Return To: Weifs Fsrgo Bank, N.A. Attn: Document Mgt. ~ P.O. Box 3155714IAC B495S-025 BUlings, MT 59107-9900 f~J003/023 ADA COUNTY RECORDER J. DAVID NAVARRO AlAOUHi 12.00 4 BOISE IDAHO 04123!07 10:63 AM RECORDED~REOUESr OF IN IlIIIIIIININI~IfIINElI1N III [II Welh Fatyo Bank 107057325 fate of Idaho space Above Th[s Line For Recording Data ~ REFERENCE f#: 20070597100329 Account numbet: 651.651-1388750-1XXX SHORT FORM DEED OF TRUST (With Foture Advance Claase} I. DATE AND PARTIES. The date of this Short Form Deed of Trust ("Security Instrument") is MARCH I9. 2007 and the parties are as follows: TRUSTOR ("Grantor"): THADIt S POND, AN UNMARRIED MAN, WHO ACQUIItED TITLE AS, THAIR POND, AN UNMARRIED MAN whose address is: 2980 N MERIDIAN RD, MERIDIAN, IDAHO 8364b-5444 TRUSTEE: Wells Fargo Financial National Bask, PO Box 31557 Billings, MT 59107 BENEFICIARY ("Lender': Wells Fargo Bank, N.A.,101 North PW7Ups Avenue, Sioux Falls, SD 57104 2. CONVEYANCE. For good and valuable. consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Grantor's performance under this Security Instrument, Grantor irnvocably grants, conveys and sells to Trustee, intrust for the benefit of bender, with power of sale, all of that certain real property located in the County of ~. State of Idahq described as follows: THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS: A PARCEL OF LAND IN LOT 4 OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, IN ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNIIVG AT THE NORT1iWEST CORNER OF SAH) SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST, A BRONZE CAP; THENCE SOUTH 569.2 FEET ALONG THE WEST BOUNDARY LINE OF SAID SECTION 6 TO A POINT, T$E REAL POINT OF BEGIlVNING; THENCE SOUTH 210.4 FEET ALONG THE WEST BOUNDARY LINE OF SAID SECTION 6 TO A P'OIIVT; THENCE ALONG THE CENTERLWE OF AN IRRIGATION DITCH THROUGH THE FOLLOWING TWO COURSES AND DISTANCES; THENCE SOUTH 59 DEGREES 30 MINUTES EAST 489.0 FEET TO A POINT; THENCE SOUTH 83 DEGREES 34 MINUTES EAST 18b.6 FEET TO A POINT; THENCE NORTH 467.8 FEET TO A STEEL PIN; THENCE NOATH 89 DEGREES 51 MINUTES WEST 589.6 FEET TO TAE REAL POINT OF BEGINNING. ~~'~~i~~e~~~as~i~~~~Ie 1~ Documents Processed 03-14.2007, 13:OI :43 10/23/2012 TUE 14:46 FAX 208 319 0765 Tomorrow's Hope `( , s I with the address of 2980 N MERIDIAN RD MERIDIAN IDAHO 83646 and parcel number of SI106222636 together with all rights, easements, appttrtettaaces, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and future improvements, structures, ftxtures, and replacements that tray now, or at any time in the future, be part of the rest estate described above. 3. MAXLr1UM OBLIGATION LIMIT AND SECURED DEBT. The total amount which this Security Instrument will secure shat[ not exceed 70 000.00 together with ail interest thereby accruing, as set forth in the promissory note, revolving line of credit agreement, contract, guaranty or other evidence of debt ("Secured Debt"} of even date herewith, and all amendments, extensions, modifieatians, renewals or other documents which are incorporated by reference into this Security Instrument, sow or in the future. The mattrrity date of tlu Secured Debt is MARCH 19.2047. 4. MASTER FORM DEED OF TRUST. ay the delivery and execution of this Security Instrtument, Grantor agrees that al[ provisions and sections of the Master Form Deed of Trust ("Master Fotm'~, inclusive, dated February 1, 1997, and recorded on €ebrnarx I4. 1997 as Instrument Number 9? 12000 in Book ~ at Page of the Official Records in the Office of the Recorder of AD~i ,_Coimty, State of Idaho, are hereby incorporated into, and shall govern, this Security Instrttment. 5. RIDERS. If checked, the following arc applicable to this Security Instrument. The covenants and agreements of each of the riders checked below are incorporated into and supplement and amend the terms of this 5ectttity Instrument ~~ Third Party Rider run Leasehold Rider IV/A tuber: N!A SIGNATURES: By signing below, Grantor agrees to perform alt covenants and duties as set forth in this Security Instrument. Grantor also aclaawledges receipt of a copy of this document and a copy of the provisions contained in the previously recorded Master Form (the Deed afTrust-Batilr/Customer Copy). _____'" J'' CJz^~C~ Grantor THAIR S POND Grantor Grantor Grantor ~ Grantor i JDDeed-short CDP.VI 06/2002 I~~~O~~ ~~eb~l I~i~ll~l~ll Date Date Date Date Date Documents Processed 03-19-2007, 13:01:43 004/023 10/23/2012 TUE 14:46 FAX 206 319 0765 Tomorrow's Hope - Grantor ~~ Grantor Date Grantor Date ACKIYUWLEDGMENT: For An Individual Acting In HislHer Own Right: State of Idaho, county of /°1SX~ .ss. On this _ °~~ day of /tiAaxt,c,~ , in the year of 7~:u~ ,before me A~st,~...~ ~4S'tZ,+J a ed `t-~ tas.2 S , ~ uran ' Pe>s°nallY Pp~ lrnowa or identified to the (or proved to the on the oath of ....), to be the person whose trams is subscn'bed to the within instrument, and aclmowtedged to me that ho (or they) executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed rrry official seal the day and year in this certificate first above written y Notary P lie or Residin at ~ My commission expires a '?r., ~:' o,~pR Y ~ ~~ `~ . :, pu~~ . 005/023 Documents Processed 03-I9-2007, 13:01:43 10/23/2012 TUE 14:46 FAX 208 319 0765 Tomorrow s Hope ILLEGIBLE NOTARY SEAL DECLARATION X006/023 t CERTIFY UNDER PENALTY OF PERJURY THAT Tot's NOTARY SEAL ON THE DOCUMENT TO WHICH THiS STATEMENT IS ATTACHED READS A5 FOLLOWS: Name of Notary: . Commission ~ t Number: l Commission ~.~~~`G1 Expkes: ~~-~1l pp(( - i f ~ Date & Ptace of (' /,1 'r! Notary Execution: ~ ~~ G ~~..~~.JJ Date ~ Piace of This Execution: Signature WELLS FARGO BANK, N.A. Revised 7-17-OU 10/23/2012 T[JE 14:47 FAX 208 319 0765 Tomorrov/s [lope ®008/023 ADA COUNTI' RECpyIDEA ~. DAVfO NAVARRO BQfSE IDq~ D7/1~rp5 04:Y1 PM pI~OUNr 19.00 t6 Retttm To. DEPUTY RIko1~ Oboll ttr jt1+ FHHLC - POST CLOSING MAIL ROOM RFQQRDED-REQUEST OF ~1~~I~f11~1f'r~tJlt~~11l~Ilt(II1~~ TlNe Gn0 1INJt1 1565 4i. wALNVT HILL LN. #200 MC v.__ i95~9¢Sll IRVING, TX 75038 i Prepared By: j FIRST HORIZON HOME LOAN CORPORATION 3505 EAST OVERLAND DRIVE ~68RIDIAN, ID 63692 ~ n.r 3~~Y~r~~~ l pate Above Thts line For RetardiaR Dotal DEEL} OF TRUST 0059227939 VII1J 100085200542279395 DEFINfI'IOiYS Words used io multiple sections of this document are defined below and other words ere defined in Sections 3, 11, 13, 18, 20 and 2l. Certain rules regarding the usage of words used in this document are also provided ire Seetion ItS. (A) "Security instrument" means this document, which is dated July 7th, 2005 , together with all Riders Eo this document. i (B) "13onawer" is TAAIR POND , An IInmarxled Man Aa His Sole & Separate Property Borrower is the rrustor under this Security tastrument. (C) "Lender" is FIRST HORIZON HOt~ LOAN CORPORATION l.eoder is a CORPORATION organized and existing under the laws of THE STATE 08 KANSAS IDAHO -Single Family- Fannie MaefFreddte Mac UN~ORM MSTRUMENF YVITH MERE Form SD131ro1 ~.6A1tD) IWObi Page t d t5 IrtNNe ~,P~r~~~ts.t~>szt.>z9t l~l~II~E~II~IH~ 10/23/2012 TUE 14:47 I'AX 208 319 0765 Tomorrow s Hope Lender's address is 4000 Horizon Way Irving, Texas 73053 ~ (D) "Trustee" is TITLEOtJE 31b 12TH AVE. I2D„ NAtdl?A, ID 83686 j (E) "MFRS" is Mortgage llectronic Registration Systems, Inc. Mk:RS is a separate corporation that is acting ' solely as a nominee for Lender and Lender's successors and assigns. itiJERS is the bencRciary under this Security inatromeat. MFRS is organized and existing under the taws of Delaware, and bas an address and telephone number of P.O. Box 2026, Flint, M148501-2026, tel. (888} 679 :'HERS. (F) "Dote" means the promissory note signed by Borrower and dated July 7th, 2005 The Note states that Borrower awes Lender THREL HUNDRED TgIRTY EIGHT THOIISAND 6 00/100 Dollars i (U.S. $ 338, 000.00 )plus interest. Borrower has promised to pay this debt in regular Periodic ! Payments and to pay the debt in full not later than AUGUST 1, 2035 (G) "Property" means the properly that is described below wader the heading "Transfer of nights in the Property." (I~ "Cosa" means the debt evidenced by the Note, plus interest, any prepayment charges end Late charges ' due under the Note, and all sums due under this Security lastrumeot, 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 applicablej: Adjustable Rate Rider ~ Condominium Rids' Second Home Rider Balboa Rider [] Planned Unit Development Rider l-4 Family Rider (~ VA Rider [~ Biweekly Payment Rider Other(s) [speciij~] (,n "Applicable I.aw" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) ns well as ail applicable final, non-appcalabk judicial opinions. (I{} "Community Association Ducs, Fees, and Assessments" means a!1 dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (L) "Electronic Ftrnds Transfer" means any transfer oC 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 aransfers. (i4I) "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 is Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of ail or any part of the Property; (iii} conveyance in tieu of condemnation; or (iv) misrepresentations oC, or omissions as to, the value and/or condition of the Property. (O) "Mortgage insurance" means insurance protecting Lender against the nonpayment of, or defau{t on, the Loan. (P) "Periodic Payment" means the rcgulazly scheduled amount due for (i} principal end interest under the A[ote, plus (ii) any amounts under Section 3 of this Security instrument. ®009/023 0054227939 (~m.BA(10) tooost voye 2 a u Form 3013 1lOt 10/23/2012 TUE 14:47 FAX 208 319 0765 Tomorrotd s Hope (Q) "RESPA" means the Real Fstate Settlement Procedures Act (12 U.S.C. Berrien 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as They might be amended Gom time to lime, or any additions! or successor legislation or regulation That governs the same subject matter. As used is this Security Instrument, "RESPA" refers to all requirements and restrictions than are imposed in regard to a "fedem{ly related mortgage loan" oven if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (R) "Saeeessor fn Interest oT Borrower" means any party that has taken title to the Property, whether or not that party has assumed liotrower's obligations under the Note and(or this Security Instrument. TRANSF$R OF RIGHTS JN THE PROPERTY The beneficiary of this Security Instrument is MFRS (solely as nominee for [.ender and Lender's successors and assigns) and the sucxessors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Loan, and atl renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instruttrent and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, is trust, with power of sale, the fallowing described • property located in the County (Type of Recording lutisdicrioal Of Ad!a lN~me of Reeording lorisdicrionj All that tract or parcel of land as shown on Schedule "A" attached hereto which is incorpot:ated herein and made a part hereof. Parcel iD Number: County : 61106222656 City: which currently has the address of ' 2980 NORTH MERIDIAN ROAD [s~1 ~Ip~ [City), Idaho 63642 (%ryCodej ("ProFerty Address': TOGETHER WITH ail the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. AU replacements and additions shaft also be covered by this Security Instrument. Alt 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 el! of those interests, including, but trot limited to, the right to foreclosure and sell the Property; and to take any anion required of leader ineluding> but not limited to, releasing and canceling this Security Instrument. BORROWER COVF,NANTS that Borrower is lawfu}ly seised oC the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Properly against all claims and demands, subject to any encumbrances of record. ®010/023 0054227939 Nh;,t~, ®.gp[tpl ~y veoe3dts formS013 1fo1 10/23/2012 TUE 14:47 FAX 208 319 0765 Tomorrow s Hope 'I'RIS SECUWTY INSTRUMENT combines uniform covenants for national use and non-uniform covenanu with limited variations by jurisdiction to constitute a uniform security instrument covering real property. LJNIFO1tM COVENANTS. Borrower and Leader covenant and agree as follows: 1. Payment of Principal, Interest, Escrow items, Prepayment Charges, and Late Chargca. ' Borrower shall pay when due the principal of, aril interest on, the debt evidenced by the Note ead any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Notc and this Security Instrument shall be made in U.S. j currency. However, iC any check or older 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 lostntment 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 cashiers 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 et such other location as may be designated by Lender in accordance with the ootiee provisions in Section I5. Lender may return any payment or partial gaymi:nt if the payment or partial payments arc insuflcieot 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 Deed Dot pay interest on unapplied funds. Lender may hold such unapplied funds tmtil 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. Tf not applied earlier, such funds will be applied to the outstandmg principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lander shall relieve Borrower Crom making payments due under the Note and this Security ' Instrument or performing the covenants and agreements securod by this Security Instrument 2. Apptiealwn of Payments or Proceeds. Except as otherwise described in this Section 2, all payments ~ accepted and applied by Lender shall be applied in the fotlowing order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shaft be applied ro each Periodic Payment in fire order in which i1 became due. Any remairiiag 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. lt' Lender receives a payment from Borrower for a delmqueni Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the definqucnt payment and the ~ late charge. li more rhea one Periodic Payment is outstanding, Lender may apply any payment received from Borrower_to the repayment of the Periodic Payments if, and to_tha extent that, each payment can be paid in • full. To the extent that any excess exists alter 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 data, 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 for: (a) taxes and assessments and other items which can attain priority over this Security Instnrtttent a1 a Bart or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and al! insurance rsquired by Lender under Section 5; and (d) Mortgage Insurance premiums. if aay, or any sums payable by Borrower to Lender in lieu of tba payment oC Mortgage Insurance premiums is accordance with the provisions of Section !0. These items era 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 shalt tie en Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. ~JO11/023 u~: ®.BAItD1 moos, Pspe4olt6 Form 3013 1/01 10/23/2012 TUE la: as FAX 20B 319 0765 Tomorrows Hope 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 Fuads 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 duectly, when and where paynbte, ibe amounts due for any Escrow Items for which payment of Funds has been waived by Leader and, if Lender requires, shalt furnish to Lender receipts evidencing such 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 agmerment" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, end 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 Leader any such amouat. Lender may revoke the waiver as to any or ati Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Bottnwer shalt pay to Lender all Funds, and in such amounts, that are tfiea required under this Section 3. Lender may, a[ any time, collect aad hold Funds in an amouat (a) sulticient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amouat a tender can require under RESPA. Lender shad estimate the amount of Funds due on the basis of current data aad reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. 'fhe Funds shall be held in an institution whose deposits arc insured by a federal ageary, instrumentality, or entity (including Lender, if Lender is as institution whose deposits are so insured) or is any Federal Home Loan Back. Lender shall apply the Funds to pay the Escrow lterrts no later Than the tune specified under RESPA. Leader shalt 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 aad Applicable Law permits Lender to make such a charge. Unless ea agreement is made in writing or Applicable Law requires interest to be paid on the Fuads, Lender shat) not be required to pay Borrower soy interest or ta;ntings as the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid oa the Funds. Lender shall give to Borrower, without chazge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as dctincd under RESPA, Lender shall atxount to Borrower for the excess funds in accordanct with RESPA. If there is a shortage of Fuads held in escrow, as defined under RESPA, lender shall notify Borrower as required by RESPA, sad Borrower shall pay to Lender the amouat necessary to make up the shonage in accordance with RESPA, but in no more than 12 monthly payments. tf there is s deficienry of Funds held in escrow, as defined under RIiSPA, Lender shall »otify Borrower as required by RESPA, aad Borrower shall pay to Lender the amount necessary to make up the dei"rcieocy in accordance with RESPA, but in no.more than 12 monthly payments. Upoq paymeatto fu[I of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Punds herd by tender. 4. Charges; Liens. Harrower shall pay all taxes, assessments, charges, Cmes, aad impositions attributable to the Property which qa attain priority over this Security Inswment, leasehold payments or ground rents on the Property, if any, and Community Associatan Dues, Fees, aad Assessments. if nay. To the extent that these items arc >rscrow 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 bng as Borrower is performing such agreement; {b) contests the lien in good faith by, or defends against enforcement of the lien ia, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only unfit such proceedings arc concluded; or (c) secures from the holder of the ties as agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Leader determines that any pan 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 l0 012/023 tnPoeh• ^J y t~~A(ID) rooost Daya5mt6 Form 3013 1101 days of the date on which that notice is gives, Boaower shall satisfy the lien or take one or more of the actions set forth abuve in this Section 4. Lender may require Borrower to pay cone-time charge for a real estate tax verification and/or reporting service used by Lender in Connection with this Loan. 5. Property Insurance. Borrower shalt keep the improvements now existing or hereafter erected on the Property insured against loss by fire, 6a~ards included within the term "extended coverage,° and any other hazards 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 Leader's fight to disapprove Borrowers choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-lime chargt for flood zone determination, ctxtificadon and tracking services; or (b) a one-time Charge for flood zone dete»nination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might afYect such determination or certification. Boaower 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; Lendtx may obtain insurance coverage, at Lender's option and Borrower's expense. Leader is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shalt cover Leader, 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 is effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the Cost of insurance that Borrower could have obtained. Aay amounts disbursed by Lender wader this Sectfoa 5 shall become additional debt of Borrower secured by this Security Instrument These amounts shalt beer interest at the Note rate from 16e date of disbursement and shalt be payable, with such interest, upon notice from Lender to Borrower requesting payment A[t insurance policies required by Lender and renewals of such policies shall be subject to Lender's right io disapprove such policies, shall include a standard mortgage clause, and shall Dame 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, Boaower shall promptly give to Lender all receipts oC paid premiums and renewal notices. [C Boaower obtains any form of insurance coverage, sot otherwise required by Lender, for damage to, or destruction of, the Properly, such policy shall include a standard mortgage clause and shelf Dame Leader as mortgagee and/or as sa additional toss payee. In the event of foss, Boaower shall give prompt notice to the insurance carrier and Lander. !.cadet may make proof of lass 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 t+estoration period, Lender shall have We right to bold such insurance proceeds until Lender has had as opportunity Io inspect such Property to ensure the work has been eotnpteted to Lender's satisfaction, provided that such inspection shall be undertakes promptly. Lender may disburse proceeds For the repairs and restoration is a single payment or in a series of progress payments as the work is completed. Unless as agreement is made in writing or Applicable Law requires interest to bt paid on such insurance proceeds, Lender shall ant be required to pay Borrower any interest or earnings oa such proceeds. Fees for public adjusters, or other thad parties, retained by Borrower shalt 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, with the excess, if soy, paid to Borrower. Such insurance proceeds shall be applied in the order provided for In ~ n 2. i~m~o) loons! ~~" Pegeadt6 Form 3013 1101 £ZO/£T0~ adoH s ~ozzouroy S9L0 6i£ SOZ 7td3 86tbT anS ZTOZ/£Z/OT 10/23/2012 TUE 14:48 FAX 208 319 0765 Tomorrow s Hope ' If Borrower abandons the Property, Lender may file, negotiate end settle any available insurance claim and related matters. if Borrower dots not respond within 30 days to a notice from Lender that the insurance ' carrier bas offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begia when the notice is given. In Dither event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (e) Borrower's rights to any insurance proceeds in as amount ' not to exceed the amounts unpaid under the Note or Ibis Security Instrument, a0d (b) any otbu of Borrower's ' rights {other than the right to any refund of unearned premiums paid by Borrower) under e11 insurance policies coveting 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. 6.Occupanry. 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 i Borrower's principal residence for at leas! one year after the date of occupancy, unless Lender otherwise agrees is writing, which consent shall not be unreasonably withhekf, or unless extenuating circumstances exist which arc beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shell not destroy, damage or impair the Propecry, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent 1 the Property from deteriorating or decreasing in value due to its wndition. Unless it is determined pursuant to Section 5 that repair or restoratioa is ant economically feasible, Borrower shalt 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 i ratoring the Property only if Lender bas 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. 6. 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 BotrowePs knowledge or consent gave materially false, misleading, or inaccurate information or statements ro Lender {or failed to . provide Lender with material information) is connection with the Loan. Material representations include, but arc ant limited to, representations coaceming Borrower's accupsncy of the Property as Borrower's principal residence. ' 9. Protection o! Lender's Interest in the Prnperty and Rights Under this Security Instrument. if (a} Born~wer fails to perform the covenants and agreements contained in this Security Tnstrument, (h} there is l a legal proceeding that might significantly afTeet Lender's interest in the Property and/or tights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation ar forfeiture, for enforcement oC a Gen 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 Properly and rights under this Security lastrtrment, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but arc not limited to: (a) paying any sums secured by a lien which bas priority over this Security Instrument; {b) appearing in court; and (c) paying reasonable attornrys' ~~.: ~, ®.gpltp} ~y Payereft6 Fornn3413 1101 ®014/023 10/23!2012 TUL+ 14:49 FAX 208 319 0765 Tomorrows Hope fees to protect its interest in the Property aadlor rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited la, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code viotations or dangerous conditioas, end have utilities turned on or off Although Lender may take action under this Section 4, Lender does not have to do so and is qot under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions autborued 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 amouats shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upoa notice from Lendec to Borrower requesting payment. If this Security Instrumem is on a leasehold, Botrowea 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 unless Lender I agrees to the merger in writigg. { 10. Mortgage lasuraaee. Tf Lender required Mortgage Insurance as a condition of making the Loan, Boaower shell pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mongage Insurance wverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mongage 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 Iasurance previously in effect, from an alternate mortgage insurer selected by Lender. IC substantially equivalent Mortgage lasurance 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 rtserve in lieu o€ Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding ibe fact that the Loan is ultimately paid in fuU, and Leader 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 (io !be amount and for the period that Lender requires) provided by an insura selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mongage Insurance. If Lender required Mongage Insurance as a condition of making the Loan and Borrower was required to make separately desi~-ated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage ]nsurance in effect, or to provide a noa-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in aecordanct with any wrinen agreement . betweea Borrower and lender providing for such termiaation 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 Nole. Mongage Insurance reimburses Lender (or troy entity that purchases the Note) for certain tosses it may • incur if Borrower does ant r>rpay the Loan as agreed. Borrower is not a party to the Mortgage tasurance. Mortgage insurers evaluate their total risk on a1[ such insurance in force from time to time, and tray enter into agreements with other parties that share or modify theirrisk-, orreduce bases: 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 funds obtained from Mongage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate oC any of the foregoing, may receive (duectly or indirectly} amounts That derive from (or might be characteri>~d as) a portion of Borrower's payments for Mongage Insurance, is exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such egreetttent provides that an amliate of Lertder takes a share of the insurer's risk in exchange for a share of the premiums paid to the • insurer, the arraagemeot is often termed "captive reinsurance." Further: (a) Any such agreements will not at7ect the amounts that Iorrower has agreed to pay for Mortgage lasurance, or any other ttrrrts of the Loan. Such agreements wlll not increase the amonat Borrower wit[ owe for Mortgage lnsnrancc, sad they will ant entitle Borrower to any rcfand. X015/023 M~bak: ~-sano) tooost r~a.ea+s Fomr3ot3 trot 10/23/2012 TUE 14:49 FAX 208 319 0765 Tomorrow's Hope (b) Any such agreements wiU not affect the rights Borrower has - i< any -with respect to the Mortgage insurance Hader the Homeowners Protection Act of i998 or any other law. These rights may indude the right to receive certain disctoaut•es, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automat[cally, and/or to receis•e a refund of any Mortgage ltunrance premiums that were unearned at the time of such cancellation ot• termination. ' Il. Assignment of :Vliscetlaneous Proceeds; Fortcltnre. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Leader. if the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repaEr 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 he undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments tss the work is completed. Unless as ~ agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay torrower any interest or earnings on such Msscellatteous Proceeds. IC the j restoration or repaer is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secutod by 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 rite event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds i 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 itnmcdiatc{y before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Seeuriry Instrument immediately before the partial taking, destruction, or toss in value, unless Borrower and Lender otherwise agree in writing, the sums severed by Ihis Security instrument shalt be reduced by the amount of the Miscellaneous Proceeds muhiplied by the following fiaction: (a) lice total amount of the sums secured immedietety'before the partial taking, destruction, ' or loss in value divided by (b) the fair market value of the Properly immediately before the partial taking, destrumion, or loss in values 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 asarket ' value oC the Property immediately before this partial taking, destruction, or toss in value is less than the amount of the sums sxured immediately before the partial taking, destruMion, 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 Insrumeat whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that rho Opposing Party (as defined in the next senteoae) offers to make ao award to settle a claim for damages, Borrower fails to respond ,to Lender within 30 da)rs after the date the notice is given, Lender is authorized to collect sod apply the Miscellaneous Proceeds eriC~er~to resiorauoa or i~tipiiir of tb'e PFiiperiy of to th'e sums secured by this ! Security instrument, whether or not then due. "Opposing Party" means the third parry that owes Borrower Miscellaneous Proceeds or the patty against whom Borrower tsar a right of action in regard to Miscellaneous Proceeds. Borrower shalt be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeittue of the Property or other material impairment of Lender's interest to the Properly 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 Ise dismissed with a ruling that, in Lender's judgment, precludes forfeiture of dse Property or other material impairment of Lender's inleresrio the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and strait be paid to lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied is the order provided Cor in Section 2. X016/023 ,~.~ ~~ -a/1(ID) tooost Paps a w 15 Form 3013 1101 10/23/2012 TUE 14:49 FAX 208 319 0765 Tomorro[d s Hope 12. Borrower Not Released; lronc~arance Sy Lender Not a Waiver. Exunsion of the time for payment or modification of amortization of the sums secured by this Security Inshument granted by Lender • to Borrower or any Successor in Interest of Borrower shalt 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 lime for payment or otherwise modify amortization • of the sums secured by this Security lastrumeml 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 rhea dire, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liab[Uty; Co-signers; Successors and Assigns Sound. Borrower covenants sect agrees [hat Borrower's obligations and liability shall be joint and sevesai. ;3owever, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer°): (a) is co-sigping this Secunty lastrumesrtt only to mortgage, grant and convey the co-signer's interest in the Properly under the terms of this Security instrument; (b} is not personally obligated to pay the Burns secured by this Security Instrttrrtenr and {c) agrees that Lender sad any other Borrower can agree to extend, madit~, forbear or make any accommodations with regard to lbe terms of this Security Instrument or the Note without the co•signer's consent. 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 alt of ~ Borrower's rights cod 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 i writing. The covenants and agreements of this Security Instrument steal! bind (except as provided in Section 20} and benefit the auexxssors and assigns of Leader. 14. Loan Charges. Leader mny charge Borrower lets for services performed in Connection with Borrower's default, for the purpose of protecting Lemde;r's interest in the Properly and rights under this Sectrriry instrument, including, but not limited to, ettoroeys' fees, property inspection and valuation fees. In ' regard to nay other fees, the absence of express authority in this Security lnswment to charge a specific fee ` to Borrower shall not be construed as a prohibition on the charging of such fee. Lander may not charge teas that are expressly prohibited 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 wilected or to be collected in connection with the Loan exceed the ~ permitted limits, then: (s) any sack loan charge shat[ 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 Sotrower. If a refund reduces principal, the reduction wilt be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charges is provided Cor under the Mote}. Borrower`s acceptance of any such refund made by direct paytneat to Borrower will co»stitule a waixar of any. tight of action $oirQwer might have arising out of'such overcharge. 15. Notices. All notices given by Borrower or Lender is eonaection with this Security Instrument must be in writing. Aay notice to Borrower in connection with this Security Insdument shall be deemed to have been given to $orrower when mailed by firs) class mail or when actually delivered to Borrower's notice address if soot by other means. Notice to any one Borrowea shall constiwte 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 Lander. Borrower shall promptly notify Leader of Borrower's change of address. if Leader specifies a procedure for reporting Borrower's change of address, then Borrower shall only reporl 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 fret class mail to Leader's address stated herein unless Lender has designated another address by notice to Borrower. Any motice in connection with this Security lnstrumemt shall not be deemed to have been given to Lender until actually t'eceived by La-der. if any notice required by this Security Instrument is also trgirired under Applit~ble Law, the Applicable Law requirement wilt satisfy ~ the coaespoadiag requirement under this Security ]tistrumeat. . X017/023 rn~~ ~~ ®®~BA(tD) roonsr aeos+oa+s Form 3013 trot 10/23/2012 TUE 14:50 FAX 208 319 0765 Tomorrow's Hope 16. Governing Law; Severabitity; Rules o! Conslraclion. This Socuriry 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 Instrumen! are subject to any rcyuirements 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 shalt not be construed as a prohibition against agreement by contract. !n the event that any provision or clause of this Security Instrument or the Note conflicts whit Applicable Law, such conflict shell not affect other provisions of this Security Instrument or the Nate which can be given effect without the conflicting provision. As used in this Security instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of We 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. l7. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. IS. Transfer of the Proper4y or a Beneficial Interest in Bor'r'ower. As used in this Section I8, "Interest in the Property" means any legal ar beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for dead, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. ' Tf ell 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 aU sums secured by this Security Instrument. However, this option shalt not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Linder shalt give Borrower notice of acceleration. The notice shall . provide a period of not less then 30 days ti-om the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. !f Borrower fails to pay these sums prior to the expiration of this period, Leader may invoke any remedies permitted by this Security lnsttutnent without further notice or demand on Borrower. I9. Borrower's Right to Reinstate: After Acceleration. if Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security lnstrtunent discontinued ai any time prior to the earliest of (a} five days before sate of the Property pursuant to any power of sale contained in this Security (n5trument; (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 Lrnder all sums which ihrn would ba due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any ekfault of any other covenants or agreements; (c) pays all exprnses incurred in enforcing this Security Iosuument, including, but not limited to, reasonable ettomeys' fees, property inspection and valuation fees, and other ices 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 ibis Security instrument, and_Iion9wer's obligation to pay tine sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in~orie or mare of ihe'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 deposiu aro insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon ninstattritent by Borrower, ibis Security Instrument and obtigalions secured hereby shall remain fully effective as if no acceleration bad occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. ZB. Sale of Note; Change of Loan Servicer; Notice of Gticvtutce. 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 rssult in a change: in the entity (known as the "Loan Servicer") that collects Periodic Payments due undo the Note and this Security Instrument and performs other mortgage loan sorvicing obligations under the Note, this Security Instrument, sod Applicable Law. There also might be one or more changes of the Loan Setvicer unrelated to a sale of the Note. !f there is a change of the Loan Servicer, Borrower wit! be given written notice of the change which will state the Hams and address of the new Loan 5ervicer, the address to which payments should be made and any other information RESPA requires in connection with a X018/023 ~~.: ~~ ®.6App) toooet Page 1101/6 Form 3013 1101 10/23/2012 TUE 14:50 FAX 208 319 0765 Tomorrow's Hope notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other then the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the ' Loan Servicer or be transferred to a successor Loao Servicer and are not assumed by the Note purchaser unless otherwise provided by the Nrne 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 parry (with such notice given in compliance with the requirements of Section I S) of such alleged breach and afforded Ibe other patty hereto a reasonable petted after the giving of such notice to takt: corrective action. if Applicable Law provides a Time period which must elapse before certain action can betaken, that time period will be deemed to be reasonable for purposes ofthis paragraph. The notice otacceleration end opportunity to cure given Io Borrower pursuant to Section 22 and the notice of acceleration givtm to Borrower pursuant to Section 18 shall be dtxtned to satisfy the notice and opporiumity to lake corrective action provisions of this Section 20. 21. Hazardous Substlaaees, As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by F.aviroamentel Law and the ~ following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Ettvironmenla! Law" means federal laws and laws of rho jurisdiction where the Property is located that relate to health, safety or cnviroamentat 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, contnbule to, or otherwise trigger an ]nvironmealal Clesoup. Botmwer shall not cause or permit the presence, use, disposal, storage, or release of any Haxardous Substances, or threaten to release any Hazardous Substances, on or in the Properly. 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 as Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the valor: of the Property. The preceding two sentences shalt 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 shat) promptly give Lender writtrn notice of (a)-any investigation, claim, demand, lawsuit or other action by eay governmental or regulatory agency or private patty 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. Tf 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 necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create eay obligation oo Lender for an Environmental Cleanup. iai019/023 t~"a~: ~.ca(~1 teens) v,~+z"tts Fenn3o13 trot 10/23/2012 TUE 14: 50 FAX 208 319 0765 Tomorrow's Hope NON-UNIFORM COVENANTS. Borrower and Lcndcr Curther covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to accelerelfon following Borrower's breach of any covenant or agreement in this Security lnstrument (but not prior to acceleration under Section 18 unless AppUcable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the defeat#; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the defauU must be cured; sad (d) that faUure to cure the default on or before the date speclfted to the notice may result in acceleration of the sums secured by this 5ecarity Instrument and sate of the Property. The notice shall further inform Borrower of the right to reinatatc after acceleration and the right to bring a court action to assert the aoo-existence of a default or any other defense of Borrower to acceleration and sate. 1f the default is not cured on or before the date specified in the notice, Lender at its option may require fmmediatc payment fa full of all sums secured by this Security Instrument without further demand and may tavoke the power of sale and any other remedies permitted by Applicable [.aw. Lender shall he eadtled to collect all ezpenses incurred in pursuing the remedies provided in this Section 2l, including, but not limited to, reasonable attorneys' tees and costs of title evidence. if Leader invokes the power of salt:, Lender shall execute or cause Trustee to e:ecate written nodce of the occurrence of an event at default and of Lender's eicctlon to cause the Property to be sold, and shalt cease such notice to be recorded in each county in which any part of the Property Is located. Calder or Trustee shall mail copies of the notice as prescribed by Applicable Law to Borrower and to other persons prescribed by Applicable Law. Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable Law. After the lima required by Applicable Law, 't'rustee, wlthoni demand oa Borrower, shall sell the Property at public auct[on to the highest bidder at the time and piece and under the terms designated in the notice of sate in one or wort: parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public annonncemenl at the lime and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sate. Trustee SteaU deliver to the purchaser i'rustcc's decd conveying the Property without any covenant or warranty, expressed or impBed. The recitals in the Trustee's deed shall be prima fade evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to ail ezpenses of the sale, including, buf not limited to, reasonable Trustee's sad attorneys' fees; (b) to all sums secured by this secarity lnstxttment; end (c) any excess to the person or persons legally entitled to it, 23.~Reconveysace. Upoa payment of all sums secured by this Security Instrument, i.ender shall request Trustee to reconvey the Property and shall surra-der this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustce shall rcconvey the Property without watraaty 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 iC the fee is paid to a third party (such as the Trustee) Cor services rendered and the charging of the fee is perrrtiried under Applicable Law. 24. Snbstitate Trustee. Lender may, for any reason or cause, from lime to time remove 't'rustee and appoint a successor trustee to any Tnrstee appointed hereunder. Without conveyance of the Property, the successor trustee shalt succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. ZS. Area and Location of Property. Either the Property is not more than 40 noes in area or the Property is located within an incorporated e.7ty or village. (dI020/023 tn;tla~s. _ .~O ®•bA(Ip) touost Paps iJd f5 Form 3013 1101 10/23/2012 TUE 14:50 FAX Z08 319 0765 Tomorrow's rope BY SIGTiING BF.LAW, Borrower acccpis and agrees to the terms and covenants contained in this Securiy Instrument and in any Rider execulcd by Borrower and recorded with il. Witnesses: (~1) T p~ -Bortowar _ (Seal} -Dorrowcr X021/023 (Seal) (Seal) -BOrtOWCi •Bf11rtlWCf (Seal) (Seal} -Bonoaa -130tTOWCr (Seal} (Seal) -Ftotmwcr -F3nrmwer 0054227939 t t' m-enpD) touost Pape 1 d of 15 Form 3013 1J01 10/23/2012 TUE 14:50 FAX 208 319 0765 Tomorrows Hope .~ STATE OP IDAHO, G~YOiX County ss: On thi~s/ ~ ~ day/off J„t, t!Y a /os ,before me, J''~ ~k,~E~"fc~k.Y e Notary Public in and for said county and state, personally appeared THAIR POND known or pmved to me to be the person(s) who executed the Foregoing instrument, and ecknowledbcd to me that hdshe/ibey executed the same. In witaess whereof I have hereunto set my band and affixed my ofEicisl seat the day and year in this ~ ceniCrcate Grst above written. ~ `',t t3RE~y ~ ~ trry Pubic residing ate "~~ }pT AR p i't ~.~. Residing in Nampa, ~ * G t ~ 07-0805 MY C~tnmlasion Expi pU~ti O ~ ti~~~ r~ vg l9~ aapaa 0054227939 (~ ®®-BA(ID) roaosr Ildti~ls: Paee ud is Form 3013 1ft11 ®022/023 10/23/2012 TUE 14:51 FAx 208 319 0765 Tomorrow's Hope EXHIBIT "A" (~U23/U23 A parcel of land in Lot 4 of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at the Northwest comer of said Section 6, Township 3 North, Range 1 East, a bronze cap; thence South 569.2 feet alor-g the West boundary line of said Section 6 to a point, the REAL POINT OF BEGINNING; `, thence South 210.4 feet along the West boundary line of said Secfion 6 to a point; thence along the centerline of an ' irrigation ditch through the following two courses and distances; thence South 59°30' East, 469.0 feet to a point; thence South tt3°34' East, 186.6 feet to a point; thence North 467.8 feet to a steel pin; thence North 89°51' West, 589.6 feet to the REAL POINT OF BEGINNING. Ezhlblt Y1' Legal Oespiption AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) ~~ ~DA'7 , n (name) f~ddrpss~ ~/ (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: ALAN UNLoRN 3(0!o SW 5T-N AyE, STE'!U`l, MiEIe~D~AN~ ID83roy2t (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its 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. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this ~O day of /f//l~L~ ~'~ , 20/ t--- ~G .6~ "t- (Signature) SUBSCRIBED AND SWORN to before \ /~'"` rr ~ ~.~ a 1`.E11: i',:417 CaRC)T;Y. IItit::. November 7, 2012 Project No. 112142 Annexation/Re-zone Description Tomorrow's Hope 6.99 Acres Exhibit "A" Page 1 of 2 A tract of land situated in a portion of Government Lot 4 of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: COMMENCING at a found aluminum cap which monuments the Northwest Corner of said Section 6, which bears North 0°16'16" East a distance of 2,658.28 feet from a found 5/8-inch steel pin which monuments the West One Quarter Corner of said Section 6, thence following the westerly line of said Section 6, South 0°16'16" West a distance of 427.80 feet to the POINT OF BEGINNING. Thence leaving said westerly line, South 89°35'54" East a distance of 589.60 feet; Thence South 0°16'16" West a distance of 609.26 feet to a point on the centerline of the Onweiler Lateral as described by Highgate Subdivision Phase 2 (a subdivision recorded as at pages 10,514-10,516, Book 90 of Plats, records of Ada County, Idaho); Thence following said described centerline of the Onweiler Lateral on the following four courses: 1. South 80°26'34" West a distance of 1.30 feet; 2. South 88°06'00" West a distance of 67.45 feet; 3. North 85°40'01" West a distance of 72.50 feet; 4. North 67°24'44" West a distance of 49.03 feet to a point on the centerline of the Onweiler Lateral as described by Silhouette Subdivision (a subdivision recorded as at pages 9846-9847, Book 87 of Plats, records of Ada County, Idaho); Thence following said described centerline of Onweiler Lateral on the following four courses: 1. North 63°59'47" West a distance of 120.07 feet; 2. 78.54 feet along a circular curve to the right, said curve having a radius of 500.00 feet, a central angle of 9°00'00", a chord bearing of North 59°29'47" West, and a chord distance of 78.46 feet; 3. North 54°59'47" West a distance of 240.06 feet; 4. North 72°59'47" West a distance of 31.33 feet to the west line of said Section 6; Thence following the said westerly line of Section 6, North 0°16'16" East a distance of 352.20 feet to the POINT OF BEGINNING. The above-described tract of land contains 6.99 acres more or less, subject to all existing easements and rights-of-way. The purpose of this description is for annexation and/or re-zone purposes only and is not intended to describe or transfer property rights. 6 + C:r nrr~urrrcutiar~•Strrveyttag www.theland~roupinc.com ~.. Attached hereto is Exhibit "B" and by this reference is made a part hereof. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 ~5~~~~C N N1jSL~ 208-939-4041 ~ G 208-939-4445 (FAX) o ~ a 1421 ~° s~, ~o ,~?,q~e OF SOP ~. ~a~,x•~' ~l• ~~ Zon- REVI P OVAL BY Nov z o zo~z M WORKS DEPTIC a - ,:°. ~~~c;. ~Cirzs~?{~ ~ ~er3±stxta~7rr «S~t!r~v~yirrg ~-..' • www.thelandgrouginc.com :~ ~ l'i:~~1~".CCt3C Situated in a portion of the Gov't Lot 4 of Section 6, Township 3 North, Range 1 East, B.M., NW CORNER Ada County, Idaho SECTION 6 2012 ° ~ I~ ~ ' _l_ S89'35'S4"E 589.60' o ~~~~~~~~~~~~ ~~~~ REVIE R VAL BY NOV 2 0 2012 1 MERIDIAN PUBLJC 1 WORKS DEPT. N ~ 3 W ~_ ~ 6.99 Acres± 1 ~° 1 ro o cn z Curve Table SEGMENT RADIUS LENGTH DELTA CHORD LENGTH CHORD BEARING C1 500.00' 78.54' 9'00'00" 78.46' N59'29~47"W is N 0 co 1 13 is is ~ ~ ° N72'S9'47"W ~' c 31.33' 1 ~ 1 I_ Z I a`Vd 1 NS S9 I °.-° I ~~<Y ~ CENTERLINE ONWEILER ~ I ~ ~A00 , LATERAL s W 1/4 CORNER S80'26'34"W 1 ~ ~ SECTION 6 C~ 1.30' 1 A._ AL LANd Silhouette 120,, Subdivision S88'06'00"W 67.45' a 14216 ~° N67'24'44"W 49.03 N85'40'01 "W s~ ~o 72.50' qTf pF \OP ~ I Highgate ~~q~ x.C~' ~ Subdivision Phase 2 l l • ~ . zo~~-. ENGINEER/SURVEYOR PROJECT INFORMATION Scale: 1" = 100' rq ®®,"-•, THE ][AND QR(NJP, Il~ , 11m2o12 =, r~ ,~° .tom. d,.o~. Tomorrow s Hope /' :~ ~-v 112142 -~ ~ a Annexation/Re-zone ~~ ~ ~ ~,e Ada County, Idaho Exhibit B Title: Date: 11-07-2012 Scale: finch = 100 feet I File: Tract 1: 6.992 Acres: 304574 Sq Feet: Closure = s02.1957w 0.00 Feet: Precision >1/999999: Perimeter = 2211 Feet 001=s89.3554e 589.60 005=n85.4001w 72.50 009=n54.5947w 240.06 002=s0.1616w 609.26 006~67.2444w 49.03 010=n72.5947w 31.33 003=s80.2634w 1.30 007=n63.5947w 120.07 011=n0.1616e 352.20 004=s88.0600w 67.45 008: Rt, R=500.00 Delta=9.0000 BnR~59.2947w, ~hd=78.46 m a J ~~ .. ~ = O V W V ~ ~ ~ ~ iaL ~.w~~uu~ii.~. < ~ 2 C ~ F ~ ucs~'~` ~~~i~~iii~~~~~~ U ~ ~ W ~ ~' g ~ m ~ ~ ~ a = ~ ~ H ~~ "~~ ~ N W ~~ ~y f 7 ~ I ! a UN~ ~ ~ ~3n ~ F W V p q . ¢ ~; ~< -i s' 1»_ __'' s s' ;; ~1 Pl ~I ~; . E. I sI{l I i,; ~: ~: ~~ 8 =; ~~__ u W p U ~~ ~;. a s ~.x .,: ,; IC ~a ~ :.,.,,..• ~ C ~ U ~ a ~ ~ ~ ~ ~ CITY OF MERIDIAN City Staff: a '!l Location: ~u s~~- ~~ ~~-~ •~ .~« ~ c -r ~ ~sr« l ~! _ _ Comprehensive Pian Future Land Use Map Designation: MDR Size of Property: ~~ c~e5 Design Guidelines Development Context: ~~~~, / ~~ bw b ~, ~o~,~, G Proposed Use: ~ss,s~-~,l G,~~, nL f~.c, ~~., Proposed Zoning: /Z-~S 1 ~ Existing Use: 5;.~ _.l- ~;l" ~Ps;a(~.~ Existing Zoning: 1~~.'r" ~~ ~ ~~ ~ Surrounding Uses: (~ ~! "-~; !2e s; ~~~- Street Buffer(s) and/of Land Use Buffer(s): 2 5 ~ g /~ ,~~ ~~ ." . ,~ Open Space/AmenitieslPathways: v'~ Access/Stub Streets/Street System• /~ ~6„ -~ ~a~ •~.4 .! Sewer & Water Service: ~~- s~: .~ i.~ c6 ~../ .~,~ Topography/Hydrology/Floodplain I sues: ~/~ . , Application(s) Required: ^ Administrative Design Review ^ ^ Alternative Compliance ^ ~] Annexation ~~gZ6. oo ^ ^ City Council Review ^ ^ Comprehensive Plan Amendment -Map ^ ^ Comprehensive Plan Amendment -Text ^ ® Conditional Use Permit ~ r36 9 0 0 ^ Conditional Use Permit Modification/Transfer Development Agreement Modification Final Plat Final Plat Modification Planned Unit Development Preliminary Plat Private Street ^ Short Plat ^ Time Extension -Council ^ UDC Text Amendment ^ Vacation ^ Variance ^ Other Notes: 1) Applicants are required fo hold a neighborhood meeting in accord with UDC 11-5A-5C prior fo submittal of an application requiring a public hearing (except for a vacation or short plat); and 2) All applicants for permits requiring a public hearing shall post the site w~fh a public hearing notice in accord with UDC 11-5A-5D.3 (except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during this meeting is based on current UDC requirements and the Comprehensive Plan. Any subsequent changes to the UDC and/or Comp Plan may affect your submittal and/or application. This pre-application meeting shall be valid for four (4) months. PRE-APPLICATION MEETING NOTES Cz ~ y~~) Project/Subdivision Name: ~o ~o ~~a ~s ~ Date: - I D - ~9" lZ Other Agencies/Departments to Contact: ~ Ada County Highway District ~a~ ar of ~~ , ^ Nampa Meridian Irrigation District ^ Public Works Department ^ Idaho Transportation Department-fv /~°+~°~`""^ Settler's Irrigation District ^ Building Department ^ Sanitary Services Company -~ a° ~' ^ Police Department ^ Parks Department ^ Central District Health Department ^ Fire Department ^ Other: +r a~ w s c c ao Q .C i O L 00 .~ Z ++ 'u u. t~ y N ~ N `~ .. E M Fi ~ G '~ d 3 ~' 0 0 i N C'~ ~ ~ , ~°~~ L ~9[ GJ ICJ ai .~ Z Z ~ u u .c .~ .°~ a O O aJ a ~ -r- O c ~ ~ ~ o ~ ~ ~ ~ N "~ f6 N i ~ .~ `-~ W ~' ~ '1 3 ~ ~ s > :~ ~ c~ ~ ^~ ~ ""~ 'l p ~ } O ~ ° CS" a ~ ~ , ~ ~ `a ~ ~ ~ ~ ~ Vo ~--... ~O ~ ~ ~ ^ ~ lY -1. ~ ~k ~ \ ~ ~ ~}" (~ ~ w L ~ ~ ~ u ~, ` d Q r ~ 'x.13 ~ ~ W ~ ~ `~ v ~ ~ V ~ ~i- ! . 1 ~ `' > d ~ ~ ,.- . Z ~ _ ` ~ \~ ~ ~ ~ Q~ ~ ~ ~ 3k e-1 N M [t tf) 1D h 00 ~~ '" +~ ,_ ~ a- ~ °. -° ~` S fi~ ~= _. E W '~ _.--- ,,,,+ wt A '~ ~ ~ V 1 ~ ('~{~ *"'v c a ~ CA N - ~ - r9 ~ t~ ~ ~ `~,9 ~ bJ ~ `" / (~ ,~ ~~ . ' ~ ~ ~ ~~ ~ a ~- ~ ~ ~ °' ~ ~ ~ •3 ~ ~ J ~ ~ ~ ~ : ~ ~ ~ ~ -~ } ~ ~ ~ S . ,,,~ ~ ~ ~ -~. ~ ~..__ .-.__, a Z ~ -.~ ti ~`'~3 i~n ~ ~ ` ~ •( ~.~/ ~ 4 ~i `. \ ~ 1~ COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11-SA-SD, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-SA-5. `(~ ~ ~~2 ~~ C`~~~ 2 Applicant/agent signs re Date CROSS ACCESS DRIVEWAY AGREEMENT THIS AGREEMENT, made and entered into at ADA County, IDAHO, this ~ day of ,/VDt~ , 20~ by and between THAIR POND, Party of the First Part; and THAIR POND, Party of the Second Part. WITNESSETH that, where the parties hereto are respectively the owners of adjoining lots or parcels of land, known and described as follows: to-wit: Parcel, or lot, belonging to the Party of the First Part; PARCELI A parcel of land in Lot 4 of Section 6, Township 3 North, Range 1 East, Boise Meridian, in Ada County, Idaho, more particularly described as follows: BEGINNING at the Northwest corner of said Section 6, Township 3 North, Range 1 East, a bronze cap; thence South 569.2 feet along the West boundary line of said Section 6 to a point, the REAL POINT OF BEGINNING; thence South 210.4 feet along the West boundary line of said Section 6 to a point; thence along the centerline of an irrigation ditch through the following two courses and distances; thence South 59 degrees 30' East 469.0 feet to a point; thence South 83 degrees 34' East 186.6 feet to a point; thence North 467.8 feet to a steel pin; thence North 89 degrees 51' West 589.6 feet to the REAL POINT OF BEGINNING. Parcel, or lot, belonging to the Party of the Second Part; PARCEL II A parcel of land in Lot 4 of Section 6, Township 3 North, Range 1 East, Boise Meridian, in Ada County, Idaho, more particularly described as follows: Beginning at the Northwest corner of said Section 6, Township 3 North, Range 1 East, a bronze cap; thence South 317.8 feet along the West boundary line of said Section 6, to a point, the REAL POINT OF BEGINNING; thence South 251.4 feet along the West boundary line of said Section 6 to a point; thence South 89 degrees 51' East 589.6 feet to a point, thence North 251.4 feet to a point; thence North 89 degrees 51' West 589.6 feet to the REAL POINT OF BEGINNING. CROSS ACCESS DRIVEWAY AGREEMENT PAGE 1OF 4 EXCEPT: A parcel of land in Lot 4 of Section 6, Township 3 North, Range 1 East, Boise Meridian, in Ada County, Idaho, more Particularly described as follows: BEGINNING at the Northwest corner of said Section 6, Township 3 North, Range 1 East, a bronze cap; thence South 317.8 feet along the West boundary line of said Section 6 to a point, the REAL POINT OF BEGINNING; thence South 110.0 feet along the West boundary line of said Section 6 to a point; thence South 89 degrees 51' East 589.6 feet to a point; thence North 110.0 feet to a point; thence North 89 degrees 51' West 589.6 feet to the REAL POINT OF BEGINNING. WHEREAS, The Parties and their heirs, successors and assigns, shall use jointly the common access driveway, which is described on the Survey attached hereto, established herein for their use and benefit and for the use and benefit of their agents, tenants, visitors and/or licensees to freely pass and repass on foot or with vehicles and for all lawful purposes or proper for the enjoyment of their Lots; WHEREAS, the Parties hereto desire to reduce to writing an agreement pertaining to said driveway as follows: a. It is specifically agreed by the Parties hereto that all taxes and assessments on the respective properties of each of the Parties hereto shall remain and be paid by each of the Parties as heretofore. b. The Parties and their heirs, successors and assigns shall each pay 50 percent (50%) of the cost of maintaining, reparing and/or replacing the driveway and improvements thereon. Provided, however, that any damage, other than ordinary wear and tear caused by any Party of their agents, tenants, visitors and/or licensees shall be paid by such Party causing such damage. c. It is agreed by and between the Parties hereto, for themselves, their heirs, executors and assigns, that said party driveway shall at all times be kept open for the free ingress and egress of each of the owners of said adjoining premises, or their tenants, and that neither party hereto, their heirs or assigns, shall in any manner obstruct or attempt to obstruct said driveway as to prevent the free access intended to be enjoyed by both parties. THIS AGREEMENT shall insure to the benefit of, and be binding upon, the heirs, executors, administrators, successors and assigns of each of the parties hereto, owners of the above parcels of land, respectively, and the covenants herein contained shall run with the land provided, however, that no party or owner shall be liable hereunder, except by act or defaults, during his or her ownership of one of the said parcels of land. CROSS ACCESS DRIVEWAY AGREEMENT PAGE 2 OF 4 THIS AGREEMENT further saith naught. IN WITNESS WHEREOF, the undersigned has hereunto set their hands in their official capacity, this ~i day of ~l// J . 20L~-- PARTY O~THE FIRST T /~ '~~litL.' S ,~ f/ Print Name: ~fLQ. ~/' S. /~D,FtC ~ Print Name: PARTY OF T SECOND P T y J Print Name: ~ 1~ . D/l~ Print Name: CROSS ACCESS DRIVEWAY AGREEMENT PAGE 3 OF 4 STATE O F ~1pd~V W IA'~fi~~ COUNTY, SS: Before me, a Notary Public in and for said County and State, personally appeared the above named ~~1+Q ~'D ,who acknowledged that ~f~ did sign the foregoing instrument and that the same is G7~ free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at ~~ County, , this ~. day of ltL~ G~. , 20~. •.••'~vVY'BARe' •~ . 11, , I i ~ (lV,(.~ ~ .••• 41''•.««..•ti ~A Notary P lic ~ to R1' r,, ~ r~~r ,~O,p S ~~ ~~-O ~ ~ ~°U B LAG f J~ ~~~ ~~'~.r~ o~ ~Q~~ CROSS ACCESS DRIVEWAY AGREEMENT PAGE 4 OF 4 Octobe`r31, 2012 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX #208-463-0092 nmid.org OFFICE: Nampa 208-466-7861 SHOP: Nampa 208-466-0663 Denise Lauerman The~'Land Group, Inc. 462 E. Shore Drive Suite 100 Eagle ID 83616 RE: Water Delivery Question for 2980 N. Meridian Rd. Dear Denise: Per our telephone conversation on October 30, 2012, you asked me to write a letter in response to water delivery for the above-rrl:;ntioned address. Upon looking at our water records, there are three possible delivery points that could serve water to this location. I believe that Tap #3992 on the Onweiier is the best accessible delivery point and is what has been used in the past. ~lowever this delivery is shared with six (6) other water users and is ors a rotation, to tl~e best of my knowledge. Therefore a constant 24/7 steady water delivery is not available for this location. Hopefully this answers your question. If you have any further questions, please feel free to give me a call. Sincerely, Gre .Curtis Water Superintendent Nampa & Meridian Irrigation District GGC/dbg C: A. Madsen, Asst. Water Superintendent File/Office „. - APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ~~ ~.... n y.......... ~.5 .............>::'... 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'_. _.; ~ .......< ~ ~ i ~ ~ ~ '` _~ ~ ~ i -- t. ,i ; 1-j / 7~J ~~' ~\ ~ / ~ .....5; i .r ~`-~ 7 ~ ~ ...... ~ ~~{ ~ --- t.....'i hJ ~`h-i t J__j . y,~~7 ~r r1 ~~y{(~~ is __ ____ f ~ ~ y\ ^...~ _ _-;.~ ~ .. -'~'\ \c- "\} _ i --? .` t ...._t o; , ... ------ % ; \ _ ~0 .. j i - _~' <'~ j !I .... 1 ~ - ~ -~ ~! ;. I~ ., l`\ i ~. l....... ___ ~ +..._ ~ -'f ~ , i ~,,Y \\ J I~'~?-~ ~,-~ `,,=-?-J ~``Y` -r ,_ i Y..... -..f ~' '..-:._ r~-r-: I i ~. '-"" j I ~~ ~}' _......~ i/ -. ..r...h ~__~ ~r-- _ _, ~ t~ ~~ ~... ... ` ~. j r-` ~ ---- .......... ~'Tf ~ I' ~.lia..~r N r O N i N r r W p 3 ~ea~ri,3at~e: mix 2f~, 2Q~ File No's.: AZ-12-014 & CUP-12-020 Project Name: Tomorrow's Hope Requests: Annexation (AZ) -Request to annex 6.99 acres of land from RUT and R-1 in Ada County to the R-8 (Medium-density residential) zoning district, by Thair Pond. Conditional Use Permit (CUP) -Request for a conditional use permit to operate a nursing care facility consisting of two (2) buildings on 1.9 acres in a proposed R-8 zone. Location: East side of N. Meridian Road; south of E. Ustick Road in the NW '/ of the NW '/ of Section 6, Township 3 North, Range 1 East.