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Tomorrow's HopeI~~J~ CERTIFICATE OF ZONING COMPLIANCE REPORT DATE: February 25, 2013 E IDI~1 v ~' TO: The Land Group I D A H O FROM: Bill Parsons, Associate City Planner SUBJECT: Tomorrows Hope -CZC-13-014 and DES-13-016 OWNER: Thair Pond DESCRIPTION OF APPLICANT'S REQUEST The applicant, The Land Group, requests Certificate of Zoning Compliance (CZC) and administrative design review (DES) approval to construct a 16-unit assisted living facility in an R-8 zoning district. The proposed development incudes two (2) 2,800 square foot buildings, two (2) fenced yards and associated site and landscape improvements. The site is located at 3034 and 3038 N. Meridian Road. DECISION The applicant's request for CZC and DES are approved with the conditions listed in this report. Note: This is not a building permit. Please contact Building Services at (208) 887-2211 to verify submittal requirements. You must complete this process before you commence the use or construction. As part of the application submittal, you will need to provide one set of the final, stamped "approved" Planning Division plans, stamped and signed by the architect and/or civil engineer as applicable. You must provide these plans in PDF format and hardcopy as specified in the Building Services "Plan Intake Checklist" and include them with your building submittal set Please contact Building Services for additional details about building permits and inspections. Site Specific Conditions of Approval 1. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 2. All ground level mechanical equipment shall be screened to the height of the unit as viewed from the property line and/or all rooftop mechanical equipment shall be screened as viewed from the farthest edge of the adjoining right of way in accord with UDC 11-3A-19A.1 e. 3. The applicant shall comply with the access to street standards as set forth in UDC 11-3A-3. A copy of the recorded cross access agreement was submitted with the CZC application (see application file). Process Conditions of Approval 1. No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 2. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-SC-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-SC-3C. Conditions Document Tomorrows Hope CZC & DES 3. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 4. The site plan prepared by The Land Group dated 02/15/13, labeled Sheet C2.00, is approved (stamped "approved" on 02/25/13 by the City of Meridian Planning Division) with no changes. 5. The landscape plan prepared by The land Group dated 02/15/13, labeled Sheet L1.00 is approved (stamped "approved" on 02/25/13 by the City of Meridian Planning Division) with the following comment: • All existing landscaping adjacent to the construction zone must remain protected during construction on the site. • Protect any existing trees on or adjacent to the subject property that are greater than four- inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 6. The elevations prepared by Design West Architects dated 02/15/13, labeled Sheet 4.00, are approved (stamped "approved" on 02/25/13 by the City of Meridian Planning Division) with no changes. 7. The approved site plan, landscape plan and/or elevations may not be altered without prior written approval of the City of Meridian Planning Division. 8. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 9. If any changes must be made to the site plan to accommodate ACRD requirements, the applicant shall submit a new site plan to the City of Meridian Planning Division for approval prior to issuance of the building permit. 10. The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. Ongoing Conditions of Approval 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 2. The applicant shall comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-14. 3. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (AZ-12-014, CUP-12-020 and Development Agreement Instrument No. 113019366). 4. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 6. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 7. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. Conditions Document 2 Tomorrows Hope CZC & DES 8. The applicant and/or assigns shall have the continuing obligation to meet the specific use standards for the proposed use as set forth in UDC 11-4-3-29. 9. The conditional use approval shall be null and void if the applicant fails to 1) commence the use within two years as set forth in UDC 11-SB-6F1 or 2) gain approval of a time extension as set forth in UDC 11-SB-6F4. CITY COUNCIL REVIEW The applicant or a party of record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Department on or before March 11, 2013, within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 11- SA-6B. If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. EXPIRATION Certificates of Zoning Compliance issued in conjunction with a proposed use shall expire if said use has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. Certificates of Zoning Compliance issued in conjunction with construction or alteration of a structure shall expire if said construction or alteration has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until February 25, 2014. EXHIBITS A. Vicinity Map B. Site Plan (dated: 02/15/13) C. Landscape Plan (dated: 02/15/13) D. Building Elevations (dated: 02/15/13) Conditions Document 3 Tomorrows Hope CZC & DES A. Vicinity Map Conditions Document 4 Tomorrows Hope CZC & DES B. Site Plan (dated: 02/15/13) ~~ ~~~ ~~ - +- ~.~.~. mod.., a - - ,.u -~ __ _ - -- "~~- _ - L ~ , ~ ~ ~ t ~ ~ ~`~ ~ ~.e z ~~- K... ~ ~ ~ { .. ~ :~gt.~.'r i ." '_ a 3 ! a ~ ~ e. .:'. _._. ~ YD'S - _ ~ ,~,~ ~ T "`~ ..~.; ` ~ ` f ' '' _ une~~sew~a racanr i -,- f4 f~ ~ ..af s sus \ , e.. ' ~`'~ j ~~ ~ ~4! .... ---- t ~ is .. ae me rur Conditions Document 5 Tomorrows Hope CZC & DES C. Landscape Plan (dated: 02/15/13) PIY115fnelYY ___ , DR Wsie~ _- Fa'-T~wl4d /5~" Tiw Ra~m1Y6 la~pMplt 4waNw~ °P a~~tu~.s m -- ~ ` ~»~a iw ~ xrs ~.sca _ a ~ ~'~~ ~ a ® w e i ~ ~ °~.cwcx ~.x r~rr ws~ a sa+tr w~naa ~~s eo+es •'~u m caG PM1yo Tilmeoin: -mdYi.~.2w$7Ss'e.'C;3' "° ° wrosi,ma------- ..:...e.m~.~..~ -a...~C:Q a~`4°m~ ~~.b :.~..~..~...~.e...a.s~ ... ~~~. ° ~..~.f..., ~ SSW :~°4~S:~C`~iSYL3.....~• © ~ Q~ _ ~....~~~ ~.®., ~~--, .,.. r. ~w .~u~,. "~ .. ~ ! } ~ ~ ~ a t S t _ . ~ . ~ t - ` "' I f L _~l ~~~ Conditions Document 6 Tomorrows Hope CZC & DES D. Building Elevations (dated: 02/15/13) .os M ~~,.«,.a' - :N:7o: ~.M..,a _ ®, MGR'. =t,~,.„~ :r, j ~~ C~ l ~ C'1 eNtM elY~110M [t ee elY~1110N !7 tA111a11- EB WIIa111' twee ....... ' :tee :Gx ,.~,~, ~..~.. ~ ~...~ Dt Oonxena~ 04 awawA,e. D7 ~r~ os iaaat,~. T °x.,,,,~~,~~.....a.,,...W.o. .~,. ~rl r _ ~ 4 t ~~ . - ,a, . ~z ' ~ ~ i,.i.~;i l..u..j .. ~ teromorrsxort r a .~_ M e~aa ss wroew ss orcw eeurm n eAU[ -ACR11Y ~~ " ~ .~ ~ ..~. ~ Y ~ 4 _ ' A~~ ~`~'" ~ =~ 400 At IBVIROOieG !{M A0 OI0~1a1 A6 feti9 A7 INlllfll A8 MNOR ~~~\~BC9M1{~M Conditions Document 7 Tomorrows Hope CZC & DES ~'~-~a Planning Department CERTIFICATE OF ZONING COMPLIANCE Application Checklist Proiect name: Tomorrow's Hope -Intermediate Care Facility ~ File #: C ZL (3 -v~~ ~ Applicanda~ent: Thair Pond - Owner ~ Matthew T. Adams -Agent All applications are required to contain one copy of the following unless otherwise noted: Applicant i Description Staff (~) (~ ) Com feted & si ned Administrative Review A lication Narrative fully describing the proposed use of the property, including the following: - Information on any previous approvals or requirements for the requested use p~ i~ (i.e., a livable conditions of a royal or Develo ment A reement) Recorded warrant deed for the sub'ect ro ert Affidavit of Legal Interest signed & notarized by the property owner (if owner is a corporation, submit a co of the Articles of Inco ration or other evidence to show that the erson si nin is an authorized a ent.) Written confirmation that a traffic impact study or change of use is not required and/or has been submitted for review to ACRD. Please contact Mindy Wallace at 387-6178 or Christy Little at 387-6144 for more information. Scaled vicinit ma showin the location of the sub'ect ro ert G Civil Site/Dimension Plan - 1 full size co (folded to 8 t/z" x 11" size) A photometric test report for any light fixture(s) with a maximum output of 1,8001umens NA or more (see UDC 11-3A-11) NA Co of the recorded fat the ro ert lies within (8 t/z" x 11") Address verification letter from Develo ment Services (887-2211) ,/ Site Plan-*Online submittals will re wire a Dimensioned site fan Site Plan-* 1 copy (folded to 8th" x 11" size) The followin items must be shown on the site fan: • Date, scale, north arrow, and roject name (scale not less than i"=5o') • Names, addresses, and telephone numbers of the developer and the person and/or firm re arin the fan • Parkin stalls and drive aisles • Trash enclosure(s) location x • Detail of trash enclosure (must be screened on 3 sides) • Location and specifications for underground irrigation (Pressurized irrigation can only be waived if ou rove no water ri hts exist to sub'ect ro ert ) • Sidewalks or athwa S (proposed and_ existing) • Location of ro osed bulldln On lot (include dimensions to property lines) • Fencin (proposed and existing) • Calculations table including the following: v Number of parking stalls required & provided (specify handicap & compact stalls) iy $uilding size (sq. ft.) - Lot size (sq. ft.) Setbacks - Zonin district • Reduction of the site fan (81/z" x 11") Landscape plan - * 1 copy (folded to 8 t/z" x 11" size) Plena must have a scale no smaller than 1 " = SO' (1 " = 20' is preferred) and he on cr standard drawing sheet, not to exceed 36" x 4$" (24" x 36" is preferred). A plan which cannot he drawn in its entiret on a sin le sheet must he drawn with a rro riate match lir:es on two or more sheets. 33 >/. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208:) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org The followin items must be included on the landsca a lan: • Date, scale, north arrow, and ro'ect name • Names, addresses, and telephone numbers of the developer and the person and/or firm re arin the lan • Stamp/signature of a landscape architect, landscape designer, or qualified nurser man re aria the lan • Existing natural features such as canals, creeks, drains, ponds, wetlands, flood lains, hi h roundwater areas, and rock outcro in s • Location, size, and species of all existing trees on site with trunks 4 inches or greater in diameter, measured 6 inches above the ground. Indicate whether the tree will be retained or removed • A. statement of how existing healthy trees proposed to be retained will. be rotected from dama a durin construction • Existing structures, planting areas, light poles, power poles, walls, fences, berms, parking and loading areas, vehicular drives, trash areas, sidewalks, pathways, stormwater detention areas, si ns, street furniture, and other man-made elements • Existing and proposed contours for all areas steeper than 20% slope. Berms shall. NA be shown with one-foot contours • Si ht Trian les as defined in 11-3A-5 of this ordinance • Location and labels for all proposed plants, including trees, shrubs, and grOUridCOVerS (trees must not he planted in City water or sewer easements). Scale shown for Tani materials shall reflect a roximate mature size • A plant list. that shows the plant symbol, quantity, botanical name, common name, minimum planting size and container, tree class (I, II, or III), and comments (for s acin , stakin ,and installation as a ro riate) • Calculations of project components to demonstrate compliance with. the requirements of this ordinance, including: Y Width. of street buffers, lineal feet of street frontage, and number of street trees i% Residential subdivision. trees - Acreage dedicated for common open space i% Number of trees provided on common lot(s) - Miti ation for removal of existin trees • Planting and installation details as necessary to ensure conformance with all re uired standards • Desi n drawin (s) of all fencin ro osed for screenin u oses Reduction of the landsca a lan (8'/z" x ] ] ") Buildin elevations showins; construction materials - *1 co (folded to 8 i/z" x 1 l" size) Reduction of the elevations (81/z" x 11") Electronic version of the site plan, landscape plan, & building elevations in pdf format submitted on a disk with the files named with project name & plan type (i.e. site plan, q landsca a lan, elevations, etc.). We encoura a ou to submit at least one color version. v If applying for approval of a public school, provide additional information as required by NA the Public School Facilit su lemental checklist er §67-6519 ~J Fee (If this ro'ect had rior a roval on a site lan, reduced fees ma a 1 ) *Once an application is accepted, staff will contact you to let you know how many additional copies of plans are required. All plans are required to be olded to 8 %z".x 11 "size. ACHD Acce tance: Applicant shall be responsible for meeting-the requirements of ACHD as they pertain to this application. All impact fees, if any, slurll be paid prior to the issuance of a building permit. If any changes must be made to the, site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of Meridian Planning & Zoning Department for approval prior to the issuance of a building permit. Your budding permit will not be issued until ACHD has approved your plans and all associated, fees have been paid. 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 06/02/1011) `, ~~ E IDIAN.---- Planning Department DESIGN REVIEW ^ Application Checklist Project name: D(,Il Of ~ tJ~ ~ p e Concurrent File #: ~ J J ~7'~4 A licant/a ent: C 6 fv All applications are required to contain one copy of the following: Applicant (~) Description Staff'_ I (~) Completed and signed Administrative Review Application (If also submitting a concurrent application for Conditional Use Permit, design review will / be processed along with that application. Therefore, an Administrative Review application is !(. ~ not necessary in this case; just check the Design Review box on Commission & Council ~ Review A lication and submit the in ormation'below.) Completed Design Manual Compliance Checklists (B. Urban Design Guidelines; l C. Urban/Suburban Design Guidelines; D. Suburban Design Guidelines; E. Residentia Desi n Guidelines) as a licable. Provide in a narrative letter, how the proposal addresses guidelines contained in the Meridian Design Manual and UDC 11-3A-19: 1. Architectural Character: a. Facades. b. Primary entrance(s). c. Roof lines. d. Pattern variations. f. Mechanical equipment. 2. Materials. 3. Parking Lots 4. Pedestrian wallcwa sand facilities. A complete set of scaled plans including building elevations, with building materials, colors ~/ and textures s ecified and site laps. Reductions of the elevations (8 i/z" x 11") Fee All requests for design review approval must meet the procedures set forth in UDC 11-5 and the criteria set forth in the "Meridian Design Manual ", as applicable. APPLICATIONS WILL NOT BE ACCEPTED UNLESS ALL APPLICABLE ITEMS ON THE CHECKLIST ARE SUBMITTED. 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org (Rev. 0720/2011) ' E IDIAN*j-- l~~~a Planning Department DESIGN REVIEW Design Manual Compliance Project name: ?C~4 ~g,C~aS ~DP~ ~ G F. File #: pj S~(3-old, Applicant/agent: ~~~ ~~/ r Iw~1~ 1.0 Site Character , Objective: To encourage integrated, functional, and attractive transitional developments that strengthen identity within the City and support urban and mixed-use areas. Y N N/A Design Guidelines' Comments2 Staff C-1.1.3.1. Developments should establish an appropriate and compatible transitional development... C-1.1.3.1.1. Develop a master plan for large-scale, phased, and multiple-site proposals to demonstrate... C-1.1.3.1.2. Where appropriate, coordinate with adjacent uses and residential areas, including single-project... / C-1.1.3.1.3. Avoid piecemeal and fragmented ~4 development that detracts from the establishment... C-1.1.3.1.4. Reduce and mitigate the impacts from proposed developments on adjacent sites as... C-1.1.3.1.5. Mixed-use, large-scale, and multiple-site developments should integrate public space within... C-1.1.3.2. Anticipate the addition of future transit systems to the transportation network and plan for... C-1.1.3.2.1. Coordinate routes, placement of facilities, and infrastructure improvements with the appropriate... C-1.1.3.3 s Where possible, incorporate and enhance significant natural features as site amenities and/or... C-1.1.3.4. Appropriately address the critical issues of site layout that influence development character... Objectives: To promote the interconnectivity of the community and reduce the impacts that vehicle access points impose on roadways and the physical and visual character of developments. ~ See corresponding item in the Design Manual for full text. Z Insert comments or explanations relevant to the projects compliance ornon-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1-25-2010) Y N N/A Design Guidelines' Comments2 Staff C-].2.3.1. Limit direct vehicular access off major roadways, including highways, principal arterials... C-1.2.3.1.1. Coordinate and combine access points with adjacent sites and uses to reduce or eliminate... C-1.2.3.1.2. Provide site ingress/egress from secondary roadways for sites adjacent to major roadways. C-1.2.3.1.3. Where secondary roadways cannot be provided, coordinate and combine access points to... C-1.2.3.1.4. Multiple-site and large-scale developments should limit ingress/egress points and establish... C-1.2.3.1.5. Use shared access points, secondary roadways, or internal circulation to access corner sites. C-1.2.3.2. Provide pedestrian and vehicular connections that link adjacent uses and circulation... C-1.2.3.2.1. Where possible, coordinate and align ingress/egress points, cross access, and internal... x C-1.2.3.2.2. Unrestricted access points and roadways / ' used for site entry should align across primary... C-1.2.3.2.3.3 Multiple pedestrian routes should i converge on public and open spaces, such as trans t... C-1.2.3.3. Establish internal site circulation as an interconnected network of walkways, pathways... C-1.2.3.4. Plan for access and connectivity to future transit facilities, including, but not limited to... C-1.2.3.4.1. Coordinate with the appropriate agencies and organizations to ensure the successful... C-1.2.3.4.2.3 Provide adequate pedestrian connections from public spaces, building entries, and parking... 1 ~ ~ Objectives: To ensure that site organization, including, but not limited to, the placement and orientation of buildings, structures, and public spaces, as well as the location and layout of service and parking areas, promotes an integrated built environment that establishes an appropriate development character. Y N N/A Design Guidelines' CommentsZ Staff C-1.3.2.1. Locate buildings to establish an appropriate development character that enhances the... C-1.3.2.1.1. Bring buildings up close to roadways to establish a street presence and orient primary... X C-1.3.2.1.2. Limit the distance from buildings to roadways and the distance between buildings... X C-1.3.2.1.3. Large-scale and multibuilding l il i f rom... developments may p ace bu ngs away d ' See corresponding item in the Design Manual for full text. s Insert comments or explanations relevant to the projects compliance ornon-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org Y N N/A Design Guidelines' Comments2 Staff C-1.3.2.1.4.3 Use buildings that incorporate articulated facades and architectural elements to anchor site... C-1.3.2.2. Provide clearly defined building entries and connect them to roadways, pedestrian walkways... C-1.3.2.2.1. Primary building entries should face roadways, pedestrian environments, or adjacent... C-].3.2.2.2. Large-scale buildings should provide entrances on at least two different building facades... C-1.3.2.3. Strategically locate public spaces and site amenities, such as common open space, transit... C-1.3.2.3.1. Organize buildings around public space and site amenities to establish destinations that... C-1.3.2.3.2.3 Use building facades, enhanced streetscapes, or other appropriate enhancements to... C-1.3.2.3.3. Orient public spaces and site amenities toward roadways adjacent to building entries... C-1.3.2.3.4.3 Spaces designed for courtyards, outdoor seating, dining areas, or other such spaces should... C-1.3.2.4. Locate parking toward the interior of the site and integrate parking areas to establish an attractive... C-1.3.2.4.1. Place parking areas away from site corners, primarily to the rear and/or side of buildings... C-1.3.2.4.2. Use a parkiztg strategy to minimize the land area devoted to vehicular parking; include... C-1.3.2.4.3. Distribute parking into smaller areas around, between, and behind structures to shorten the... C-1.3.2.5. Where possible, coordinate the placement of public spaces, site amenities, parking areas, and/or... C-1.3.2.6. Locate site services, building utilities, and mechanical equipment to enhance the attractiveness... C-1.3.2.6.1. Place and orient service and loading areas, mechanical equipment, and utilities away from... C-1.3.2.6.2. Where possible, place service and loading areas behind buildings and provide access from... C-1.3.2.6.3. Coordinate the placement of freestanding site services and mechanical equipment to eliminate... X C-1.3.2.6.4. Place utility lines underground and away ibl h i l f enever poss e. ng zones w ant rom p ~ See corresponding item in the Design Manual for full text. 2 Insert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 Facsimile: (208) 888-6854 • Website: www.meridiancity.org To incorporate parking as an integrated element of the built environment and address issues that influence the physical and visual characteristics of pazking azeas, such as the appropriate location for pazking, size of parking areas, paving materials, landscaping, and screening. Y N N/A Design Guidelines' Comments2 Staff C-1.4.3.1. Parking areas should establish an appropriate circulation pattern for pedestrians and... C-1.4.3.1.1. Coordinate vehiculaz and pedestrian circulation patterns to delineate pedestrian walkways... C-1.4.3.1.2. Provide pedestrian connections from internal circulation to public spaces and adjacent... X C-1.4.3.2. Design surface parking as an integrated and attractive element of the built environment that... C-1.4.3.2.1. Break up parking azeas into smaller, separated modules and arrange parking to minimize... C-1.4.3.2.2. Reduce the depth of pazking areas and linut parking between building facades and... C-1.4.3.2.3. The design and layout of internal site parking should avoid long, unbroken parking bays... C-1.4.3.2.4. Use trees, landscaping, hazdscapes, and architectural elements to provide shade, create... C-1.4.3.2.5.3 Shade pedestrian walkways and parking, X including stalls and drive aisles, with the appropriate... C-1.4.3.2.6.3 Screen parking with berms, landscaping, walls, architectural elements, or a combination to... C-1.4.3.2.7. Distribute and integrate appropriately scaled lighting to provide safe and adequately... C-1.4.3.3. Where appropriate, incorporate and arrange on-street parking to produce traffic calming effects... C-1.4.3.3.1. Coordinate the use of on-street parking, including the design and location, with the... C-1.4.3.3.2.3 Internal roadways are encouraged to use /` on-street parking that is integrated with streetscapes... C-1.4.3.3.3.3 Where on-street parking is provided or where vehicles aze circulation is directed in front of... C-1.4.3.4.3 Structured parking facilities are encouraged and should be designed to coordinate vehicular.. . ' ~ 1 ~ ~. Ob' ective: To provide a variety of attractive, usable, and integrated public and open spaces that enhance development character, encourage pedestrian use, and contribute to community life and the positive experience of daily activities. Y N N/A Design Guidelines' CommentsZ Staff C-1.5.3.1. Design public and open spaces as destinations within individual developments and... ' See corresponding item in the Design Manual for full text. z Insert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org C-1.5.3.1.1. Provide appropriate types and sizes of public and open spaces, including development... Y N N/A Design Guidelines' Comments2 Staff C-1.5.3.1.2. Clearly delineate the edges of public spaces. Use building facades, materials, architectural... C-1.5.3.1.3.3 Where appropriate, place public and open ~( spaces adjacent or in close proximity to transit... C-1.5.3.1.4. Design public spaces to provide visual x interest that enhances development character and... C-1.5.3.1.5. Where appropriate, use public and open spaces as transitions between land uses to promote... C-1.5.3.2. Incorporate pedestrian-oriented amenities X that promote various active and passive uses within... C-1.5.3.2.1. Use decorative pavers or other materials suitable for hardscapes that endure well and add... C-1.5.3.2.2. Incorporate plantings, trees, and other plant materials to add vertical texture and variety to public... C-1.5.3.2.3. Provide adequate seating that reflects the nature of the intended activities. Use fixed seating... C-1.5.3.2.4.3 Introduce public art as an integral part of the public realm. As appropriate, incorporate... C-1.5.3.2.5.3 Include decorative details and elements, h i ... c such as banners, flags, signs, and planters, wh C-1.5:3.2.6. Where appropriate, provide pedestrian- ( scaled light fixtures that provide adequate lighting... C-1.5.3.3. Public and open spaces should maintain pedestrian and user safety and provide secure... ~ ~ ~ ~~ Ob'ective: To encourage the attractive and purposeful use of plants and other landscape materials that enhance development character, including public and open space, parking, required buffers, and pedestrian environments. Y N N/A Design Guidelines' Comments2 Staff C-1.6.2.1. Use an organizational strategy for landscape h at... plantings to promote aesthetic compositions t X C-].6.2.1.1.° Use formal planting arrangements, such as regular and linear intervals and geometric patterns... C-1.6.2.1.2.°Use informal planting arrangements, such as irregular intervals, random patterns, and... C-1.6.2.2. Integrate landscaping as appropriate to establish a consistent appearance and aesthetic... C-1.6.2.2.1. Use appropriate classes of trees for urban environments and streetscapes. Consider height and... ' See corresponding item in the Design Manual for full text. z Insert comments or explanations relevant to the projects compliance ornon-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. a Appropriately use formal and/or informal planting arrangements to meet the guideline. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org Y C-1.6.2.2.2.3 Landscaping should encourage the n appropriate and attractive use of xeric, drought... Y N N/A Design Guidelines' Commentsz Staff C-1.6.2.2.3. Incorporate various plants and non- vegetative materials that provide groundcover and... C-1.6.2.2.4.3 Use planters and planting arrangements that feature seasonal plants, flowers, and ornamental... C-1.6.2.3 s Where appropriate or advantageous to promote pedestrian activity, integrate streetscape... ` _ C C-1.6.2.4. Where possible, development should rti t l d i i h d di ~ o... jacent prope es an ng w t a coor nate scap 2.0 Architectural Character ~ ~ Ob'ective: To encourage visually aesthetic building designs that promote quality azchitectura] character and establish built environments that are compatible with existing, planned, and/or anticipated adjacent land uses. Y N N/A Design Guidelines' Comments2 Staff C-2.1.3.1. Building designs should appropriately address building scale, mass, and form, and the use... C-2.1.3.2. Use fundamental design principles, including, but not limited to, composition, order... C-2.1.3.3. Design building facades that express architectural character and incorporate the use of... C-2.1.3.3.1. Design all appropriate sides of buildings, including facades that face public roadways, public... C-2.1.3.4. Building design should enhance public and opens spaces, articulate aesthetic character, and... C-2.1.3.4.1. Design buildings to enhance the attractiveness and appeal of developments, define... `, ~( C-2.1.3.4.2. Where appropriate, incorporate human and pedestrian scale as integral components of the... C-2.1.3.5. Use building design and architecture to ~( promote mixed-use and denser developments as... C-2.1.3.5.1.5 Building designs aze encouraged to use vertically integrated structures and/or horizontal... ' See corresponding item in the Design Manual for full text. 2 /nsert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 5 Incorporating vertically integrated uses may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 Facsimile: (208) 888-6854 • Website: www.meridiancity.org To encourage building designs that appropriately use architectural and human scale to establish compatible physical and visual relationships with adjacent and surrounding developments and reinforce a cohesive architectural character. Y N N/A Design Guidelines' Comments2 Staff C-2.2.2.1. Proposed developments should use proportion and scale to design buildings compatible... C-2.2.2.1.1. Infill, greenfield, and redevelopment X proposals should coordinate the placement... X C-2.2.2.1.2. Large-scale and multibuilding i i nnovat ve... developments are encouraged to produce C-2.2.2.1.3. Where possible, group or incorporate i on... smaller uses along facades that introduce modulat C-2.2.2.2. Design and configure buildings to reduce overwhelming and disproportioned architectural... C-2.2.2.2.1. Development should consider the scale of surrounding buildings, including relationships to... + , ~( C-2.2.2.2.2. Use variation in building form and proximity to other buildings, including, but not... C-2.2.2.2.3. Where appropriate, establish a hierarchy of X building scales that transition from intense to less... C-2.2.2.2.4. Building scales along roadways and adjacent to or near urban areas of the community are... C-2.2.2.3. Incorporate human scale on appropriate building facades to support an aesthetic architectural... C-2.2.2.3.1. Use human scale to emphasize fenestration patterns, architectural elements, proportion... C-2.2.2.3.2. Human scale is required at the ground or street level at building entries, along roadways, and... ~ ~~ Objective: To enhance the visual interest of building designs and promote quality architectural character. Y N N/A Design Guidelines' Commentsz Staff C-2.3.2.1. Articulate building forms, including, but not linuted to, massing, walls, and roofs, with... C-2.3.2.1.1. Building facades that face roadways, public spaces, and pedestrian environments should... X C-2.3.2.1.2. Design parking structures as integrated di i h ng uses... surroun buildings that are compatible w t C-2.3.2.1.3. Parking structures should incorporate modulations, architectural elements, details... C-2.3.2.2. Incorporate visual and physical distinctions in the building design that enhance building forms... ' See corresponding item in the Design Manual for full text. 2 Insert comments or explanations relevant to the projects compliance or non-compliance. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org C-2.3.2.2.1. Use divisions, fenestration, architectural ~i elements, details, accent materials, and human scale... C-2.3.2.2.2. Where building designs incorporate multiple stories, or equivalent building heights... Y N N/A Design Guidelines' CommentsZ Staff C-2.3.2.2.3. Use horizontal and vertical divisions in wall planes to organize fenestration as integrated... C-2.3.2.2.4. Design lower stories to visually anchor buildings to the ground or street and appropriately... C-2.3.2.2.5. Design the uppermost story or facade wall planes to complete the building design. Use articulation.. . C-2.3.2.2.6. Building designs within designated areas of ~' the Ten Mile Specific Area Plan are encouraged to use... C-2.3.2.3. Building designs should establish visual connections that relate internal spaces at ground- or... C-2.3.2.3.1. Use architectural elements, such as doors and windows, details, and materials to articulate building... C-2.3.2.3.2. Facades at ground level should average 40 percent transparency along roadways and adjacent to... C-2.3.2.4. Building designs should provide proportionally taller ground-level facades to accommodate various... C-2.3.2.5. Building roof types, forms, and elements should provide variation and interest to building... C-2.3.2.5.1. Building designs should incorporate appropriate roof forms with primary and secondary... C-2.3.2.5.2. Where appropriate, modulate and/or articulate roof types, both flat and sloped, with roof... Objective: To integrate architectural elements and details as components of cohesive building designs that enhance the visual interest of building facades, support activity at and/or near ground level, and provide human and pedestrian scale. Y N N/A Design Guidelines' ConunentsZ Staff C-2.4.2.1. Use architectural elements and detailing, including, but not limited to, fenestration pattern... C-2.4.2.1.1. Design and articulate architectural elements using proportions, divisions, detailing... C-2.4.2.1.2. Provide architectural elements and detailing that emphasize human scale throughout the... C-2.4.2.1.3.3 Where appropriate, provide building overhangs or other similar features, such as canopies... C-2.4.2.1.4.3 Integrate strategically located elements as focal points in building designs. Focal elements... ' See corresponding item in the Design Manual for full text. z Insert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 33 E. Broadway Ave. Meridian, Idaho 83642 Phone: (208) 884-5533 Facsimile: (208) 888-6854 • Website: www.meridiancity.org C-2.4.2.2. Building designs should not create blank wall 'K segments along roadways or adjacent to public space... Y C-2.4.2.3. Organize and locate building service r equipment, including, but not limited to, mechanical... Y N N/A Design Guidelines' Comments2 Staff X C-2.4.2.3.1. Use integrated architectural elements to provide adequate screening and appropriately... C-2.4.2.3.2. Screen service equipment at ground level from pedestrian and vehicular view to a minimum... C-2.4.2.3.3. Screen service and building equipment that is attached or on top of structures from public view... C-2.4.2.3.4. Use screening techniques, architectural l d i ements, an e mater als that are consistent with the... Objective: To encourage the use of quality materials that promote aesthetic building designs and appropriate contributions to ~I the development of a timeless community character. Y N N/A Design Guidelines' CommentsZ Staff C-2.5.2.1. Buildings with facades that face multiple ~ roadways andlor public spaces should use consistent... C-2.5.2.2. Use complementary material combinations II that contribute to a cohesive building design... C-2.5.2.2.1. Select combinations that emphasize a finished composition and enhance human scale for... C-2.5.2.2.2. Concrete masonry that provides texture, interest, and detail may be appropriate for building... X C-2.5.2.2.3. Use well-detailed, proportioned, and d bl i l ura e mater a s that will weather and age gracefully... C-2.5.2.2.4. Create interest and variety in facade design X to establish attractive architectural character and... C-2.5.2.2.5. Provide pattern, texture, and detail in the i i i bu ld ng des gn and distinguish field materials from... C-2.5.2.3. Where materials transition or terminate, provide detailing to express the natural appearance... C-2.5.2.4. Use colors that complement the use of b ildi l i i d u ng mater a s and support nnovative and goo ... ` ~( C-2.5.2.4.1. The use of subtle, neutral, and natural f f tones or ield materials should complement accent... C-2.5.2.4.2. The use of intensely bright and fluorescent colors, as well as the widespread use of saturated... C-2.5.2.4.3. Materials or colors with high reflectance, h l fl i suc as meta or re ect ve glazing, should be... 2.5 Signs & Lighting ' See corresponding item in the Design Manual for full text. z Insert comments or explanations relevant to the projects compliance ornon-compliance. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 Website: www.meridiancity.org Objective: To encourage the use of signs and architectural lighting as integrated elements of building and site designs that contribute to the atmosphere of quality, aesthetic built environments. Y N N/A Design Guidelines Comments2 Staff C-2.6.3.1. Where appropriate, use lighting on building exteriors to promote safe pedestrian environments... C-2.6.3.1.1. Coordinate lighting fixture spacing and height along streetscapes and roadways to avoid... C-2.6.3.1.2. The use of architectural lighting is encouraged to be energy-efficient and easily... C-2.6.3.1.3. Lighting fixtures used on building exteriors should be integrated with building design... C-2.6.3.2. Signs should be integrated with architectural elements and complement building designs and... X C-2.6.3.2.1. Provide signs to identify individual storefronts, buildings, and uses along roadways... C-2.6.3.2.2.3 Use corporate and business logos to identify developments and businesses along... C-2.6.3.2.3. Use appropriately scaled signs that incorporate logos, minimize or eliminate the use of... C-2.6.3.2.4. Where buildings are brought up close to roadways, pedestrian environments, and public... C-2.6.3.2.5.3 Decorative flags and banners should promote the identity of place and enhance the... 3.0 Specific Criteria ~ ~~ Objective: To promote. the appropriate use of site layout, separation techniques, and architectural design guidelines to mitigate the adverse impacts that industrial uses impose on adjacent commercial, residential, and other non- industrial uses. Y N N/A Design Guidelines CommentsZ Staff C-3.1.3.1. Orient industrial developments, including buildings, structures, and site elements, such as work... C-3.1.3.2. Provide an appropriate architectural design for buildings and structures that are adjacent to... C-3.1.3.3. Use the placement and orientation of the building or structure to screen industrial activity... C-3.1.3.4. Maintain the required buffers adjacent to non-residential uses as indicated in the UDC... ~ See corresponding item in the Design Manual for full text. z Insert comments or explanations relevant to the projects compliance or non-compliance. 3 Incorporating this guideline may help offset non-compliance with other guidelines. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 Facsimile: (208) 888-6854 Website: www.meridiancity.org ~ ~ ~ Ob'ective: To accommodate the adaptive reuse of the existing residence to a commercial use, while maintaining compatibility with the use(s) on adjoining properties. To ensure that such residential to commercial conversions are compatible with the existing chazacter of the original residential use, while recognizing the need to modify the structure to meet commercial building code requirements. Y N N/A Design Guidelines Comments2 Staff C-3.2.3.1. Developments that propose the conversion of residential to commercial within Old Town should... C-3.2.3.2. Residential to commercial conversions should use the guidelines from Section C. Design... X C-3.2.3.3. Additions, restorations, and repairs should il s... use similar building forms, materials, and deta X C-3.2.3.4. Where there aze site constraints that prevent a conversion from complying with the site character... ~ See corresponding item in the Design Manual for full text. z Insert comments or explanations relevant to the projects compliance ornon-compliance. 33 E. Broadway Ave. • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org {~E IDR IAN,--- ~_/ Planning Department ADMINISTRATIVE REVIEW APPLICATION Type of Review Requested (check all that apply) ^ Accessory Use ^ Alternative Compliance 8 Certificate of Zoning Compliance ^ Certificate of Zoning Compliance Verification ^ Conditional Use Permit Minor Modification ® Design Review ^ Private Street ^ Property Boundary Adjustment ^ Time Extension (Director) ^ Vacation ^ Other STAFF USE ONLY: File number(s): ~~ ~s ~ ~. ~ °~~~ ,~~s-1,3--orb Project name: ~~YJ~bi"/~C.~-~ ~~ ~~~' Date filed: Date c mplete: 2 Assigned Planner: ~ ~ ~( ~~3'a 7'~$ Related files: Az'i2 '"~/~ ~ U-~ ~2-~Za Applicant Information Applicant name: Tomorrow's Hope Phone: 319.0760 Applicant address: 1655 Fairview Ave., Suite 100 zip; 836702 E-mail: thope@msn.com Applicant's interest in property Owner name: Thalr POnd B Own ^ Rent ^ Optioned ^ Other Owner address: 2980 N. Meridian Rd. Phone: 319.0760 Fes; 319.0765 zip: 83646 E-mail: thope@msn.com Agent name (e.g., architect, engineer, developer, representative): Matthew T. Adams Film name; The Land Group, Inc. Phone: 939.4041 Fes; 939.4445 Address; 462 E. Shore Dr., Suite 100, Eagle zip; 83616 E-mall: matt@thelandgroupinc.com Primary contact is: ^ Applicant ^ Owner B Agent ^ Other Contact name: Matthew T. Adams Contact address: $ame aS abOVe Phone: 939.4041 Fes; 939.4445 Zip: SarTle E-mail: SalTle Subject Property Information Location/street address: 2980 North Meridian Road, Meridian ID 83646 Assessor's parcel number(s):_ _ 51~~~2 2 Z~'/6 Township, range, section: 3N, 1 E, 06 Total acreage: 1.914 Current land use: ReSidentlal/Pasture Current zoning disMct: R-8 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (Rev. 11/29/11) Project Description Project/subdivision name: TOmOrrOW'S Hope General description of proposed project/request: Intermediate Care Facility: Two residential homes with parking and fenced yards. Proposed zoning district(s): NA Acres of each zone proposed; NA Type of use proposed (check all that apply): B Residential ^ Commercial ^ Office ^ Industrial ^ Other Amenities provided with this development (if applicable): NA Who will own & maintain the pressurized irrigation system in this development? NA Which irrigation district does this property lie within? Nampa & Merldlan IfrlgatlOn DIStrICt Primary irrigation source: Merldlan Clty Secondary: None Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): 4,829 SF Residential Project Summary (if applicable) 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: Minimum square footage of structure(s) (excl. garage): Proposed building height: Minimum property size (s.f): Average property size (s.f.): Gross density (DU/acre-total land): Net density (DU/acre-excluding roads & alleys): Percentage of open space provided: Acreage of open space: Percentage of useable 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: ^single-family ^ Townhomes ^ Duplexes ^Muiti-family Non-residential Project Summary (if applicable) Number of building lots: ~ Other lots: NA Gross floor area proposed: 2,800 EA ~ 5,600 SF Existing (if applicable): 3400 SF Barn Hours of operation (days and hours):? days ~ 24 hOUrS Building height: 16' Percentage of site/project devoted to the following: Landscaping: 10% (+64% pasture) Building: homes 7% I bam 4% paving: ~ 5% Total number of employees: VBrIeS Maximum number of employees at any one time: ~ 0 Number and ages of students/children (if applicable): NA Seating capacity: NA Total number of parking spaces provided: ~ 3 Number of compact spaces provided: 0 Authorization Print applicant name: Thalr S. POn21 Applicant signature: .- S , ~ Date: Z /3 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 THE LAND GROUP, INC. February 15, 2013 Mr. Bill Parsons Meridian Development Services Planning Division 33 E. Broadway Avenue Meridian, ID 83642 Re: Applications for Tomorrow's Hope Intermediate Care Facility (AZ-12-014 & CUP-12-020) Certificate of Zoning Compliance Dear Mr. Parsons: We are pleased to enclose the following application and supporting materials for Certificate of Zoning compliance associated with the proposed development of Tomorrow's Hope Intermediate Care Facility, located at 2980 N. Meridian Road in Section 6 of Township 3N, Range 1E, Ada County. This parcel was recently annexed (AZ-12-014) and rezoned R-8 (CUP-12-020). The property is located within the City of Meridian Comprehensive Plan and is designated as Medium Density Residential. The parcel has an existing barn with horse pasture and is adjacent to a second parcel held by the same owner, 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. The applicant proposes to develop the parcel 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. The application meets all conditions of approval from Meridian AZ-12-014 & CUP-12-020 and ACHD M CU P-12-020/MAZ-12-014. 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, s Matthew T. Adams Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying 462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • F 208.939.4445 • wwwahelandgroupinc.com y~ 7MC MERIDIAN, IDAHO PULLMAN, WASHINGTON KENNEWICK, WASHINGTON DESIGN WEST ARCHITECTS, P.A. 216 SW FIFTH AVENUE MERIDIAN, IDAHO 83642 TEL. 208-888-1768 FAX. 208-955-6885 designwest@designwestid.com February 12, 2013 City of Meridian 33 E.. Broadway Ave Meridian, Idaho 83642 Re: Tomorrows Hope Intermediate Caze Facility Design Review To Whom It May Concern, The proposed Intermediate Care Facility's Architectural Character is designed both aesthetically and functionally to fit into a residential setting. Facades -The building facades aze low in profile and are painted in tan and brown earth tones. The facades utilize different widths of horizontal lap siding with horizontal and vertical trims. The lower portion of the lap siding will have a wider profile that is continuous azound the entire building and will be painted a dazker accent color. The upper siding will be a narrower profile and be painted a lighter color. The windows will be a white vinyl with painted trim surrounds. All four elevations of the building have changes in wall planes to break up the building mass. Primary Entrance -The primary entrance faces the South and is defined by a glazed door with side lites on each side of the door. The entire South elevation has a 6'-0 to 8-0 covered porch area supported by columns. The two center columns also define the main entrance. Roof Lines -The roof lines aze residential in nature with a combination of hip and gable roof elements. The eaves overhang all of the walls and on the front of the building the roof overhang creates a 6'-0 to 8'-0 porch. The roofing material is a brown architectural asphalt shingle. Pattern Variations -All sides of the building contain azchitectural elements that consist of changes in wall planes, windows, and accent paint and accent material changes. Mechanical Equipment -The extent of the mechanical equipment on the exterior of the building shall be two residential grade, ground mounted condensing units at the rear of the building in the area fenced with the privacy fence. The equipment will be hidden from view from all public ways. The Materials selected for this project aze residential in nature. The wood textured horizontal lap siding was chosen to keep the building profile low. The sidings, trims, soffit and fascia materials aze all wood textured and painted in an earth tone palette. The Parking Lot is located on the South side of the building which is the location of the Main Entrance. The pazking lot consists of a single drive aisle with parking on the north and south side. The Pedestrian Walkway consists of a 5'-0" sidewalk that runs from the sidewalk on Meridian Rd. to the Main Entrance of the building. When the walkway meets the West side of the building it continues under the 6'-0 to 8'-0 roof overang that protects the Main Entrance. Please feel free to contact me with any questions or concerns that you might have regarding this submittal. Sincerely C~~ _ _ James Main Project Architect QUITCLAIM DEED For value received, Their Pond and :Deborah A. Pand, husband and wife, do hereby quiEclaim'unto Thais Pend grad Deborah A. Pond as Trustees of "The Pand Family Revocable Living Trust", any and all of their interest in the real property described as fellows:. As set forth on the attached. EXHIBIT "A", which by this reference becomes a part hereof. together with all appurtenances attached:. . ! ~ Their Pond By: ~~~~ Deborah. A. Pand State of IDAHC3 } ss. County cif Ada } On this 2Q~' day of July, I~49, before me, a Watery public of the State of Idaho,. pe~sanially appeared Their Pand and Deborah A. Pand, known to me to ire the persons ~~ tivhase; names are subscribed to thin. instrument, and :acknowledged tame that. they exe~ut~d 'this instrument.: ~' ~~':~` ;p ~. `~', `." . " ; '~` N Public f+~r IUAHO ~'~-~ ~ . `~r` siding at Boise, I1~ .. , -• ~ `µ amrnission Expires: 10-1M2(}03 E ~ROED - RE EST pF ~+4.:` ^rr ~} 1 ~- ;;~r ~cr~~a~~~tRECO~DER OEP ~ Y m ~ ;. l?.;;r~~ ttAVA~E~Q fEE X000 Jl. 26 Ali g 38 1 C! ~ 4 5 ~ ~ ~' QUITCLAIM DEED ~~p~ Y it '( 7! PAFtCEF: I A parcel of land in, Lot 4 c~i Section 6, Townnhp 3 North, Range ~ East« Boise Nteridian, in Ada County, Idaho, more particularly described as Follows: BEGINNING at the Northwest corner of said Section. 6, Township 3 Nortks, Flange i Last, a bronze Cap; thence South.569.~ feet along the west boundary line o£ said Section 6 to a point, the REAL PaTNT OF BEGINNING; thence South 210.4. feet along the West boundary .Line aE said Section 6 to a point; thence slang 'the centerline s~f an irrigation ditch through the (Allowing twn courses and distances thence South 59 degrees 3fl' 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 Se'9.6 feet to the RF"AL PaiNT aF~ ~EClxrrrNG. PARCEL ~r A parcel o£ land in Lot 4 of Section fi, Township 3 Northi Range 1 East, F3oise Meridian,. in Ada Counter, Idaho., .more particularly described as follows: SECINNII~IG at the Northwest carnet of said Section 6; Townshalx 3 Ncsrth, Aange 1 East, a bronze cap; thence. South 327.8. feet along the West boundary line of said Section 6, to a point, the REAL POINT OP BEGINNING; thence. South 251,4 feet along the west boundary line aE ssid section 6 to a point: thence South 89 degrees 5Z' East 589.6 feet to a paint; thence North 251.4 feet to a point, thence North 89 degrees 5I' Wash 589.6 feet to the REAL POINT of sECZUrraxc, E'€CLPT :. A parcel of land in Lot 4 of Section 6, Townstsp 3 North, flange l East, Noise. Meridian, in .Ada County,. Naha, more particularly described a3 (allows: BEGINNING at khe Corthwest earner aE saki Section 6, Tawnship 3 FVorth, Range. i East, a brcrsze cap; thence South 317.8 Feet along the Flest boundary line of said Section 6 to a .point, the ttEltL F?OINT aF BEGINNING;- thence South lltl.a feet along tha West boundary line al' slid Scotian 6 to a point; thence South 89 degrees 5F.' East 585.6 feet to a point; thence North 17.0.0 feet to a paints thence. North 89 degrees 51' 4iest 589.6 Feet to. the REAL POINT bF BEGINNING. {~UIfiCLAIIvI DEED Ada Gounty'P`arcel Inforenatan Parcel TD #: 51106232536 Property Address: 2984 N Meridian Rd hlerldianr ICt 83646 Properh+'Type: ReSidentisl O>~nrner Fttformation Owner Name: Fond Family Revocable. Trust second Owners pond Thair ~ Trusfee Malt ~4ddresss 1655 rsiruCew Ave Ste 14Q Bolse, IC1 83242-044ia Assessor Information Legal Description:. FAR. #2636 OF GOVT LOT 4 SEC'6 3N 1E #2632-8 Subdivision: 3{d lE 46 Lot/Block: 4! Section:. 46 Acres 1;9144 brig Etistrct: NAM11PA MERTDfAN IRR Tax Code Area;. 242 Levy Rate 2410: 4,411.43493£+ Levy Rate 2011: 4,411773355 .Levy Rate Change: 2,96°!~ Zantng: Ada County-Ri Homeowner $4 Exemption: Treasu rer Information Year: 2449 Tax: $2,748 Years 2014. Tax: X2;264 Year:. 2411 Ta%: ~Zr149 Assessor Categories Year Cat. Description Acres Value 2412 354 CqM iMPF2OVEMENT 0 $53,440 2412 .120 Ri=aICtEN7IAL TRACT 1.414 $61,704. 2012 .134 COh1MERCIALTRACT 0•S $55,500 Totals: L914 $170,204 .Land Information Residential Acres: 1.414 Commercial Acres: 4,5 Other Acress 0 Streets Water So~rrces Sewers Sidewalks N Curbs and Guttetst' N View; Water influence: Water Frontage: 4 Corners. N Utilities: Topographys Commercial Characteristics Category:, 354 Year Built: 1998 Business Names Tomorrows Hope Stories6 1 Units:: 4 Leaseable Sq. Ft.s 0 Grownd F6 Sq. Ft,: 33&0' Total Sq. Ft.: 3360 used Acres 4 Tatai Acres: 4 ~;°Ti~_leC)~e .~ rtr9r ~ c.rrr~w< c°c~: 1.Q12312Si12 TttE f&'z4ti FAX 2t16 319 tl765 Tpt~azzc~rr s HoPa (~jfl03/fl23 • .~ A4k CEiUNT1` REGORQER ,i. DAYCD NkVk>1R0._ A~QUM il'.UO ...I, , a 90~E,~J-NO 04122+!11 18.•69 kM tt tt~~ {{ 11! JJ jj rr Rccordiagrcxitacstrdby: AECOtlpE~-REaU~ESTOF ~~!l~~~il~~~l~~~(I~~t~~tl~~~~~l~~~~ Wens Fargo Sauk, h'.A. Waif FIIOtt flank 307057325 VICTOR $BEBER Dt1GUMENT PREPARATION i I$?Ot# N'W WALI{ERRI3 #St2 8EA'1JERTt1N, OREGUTV 9700E 8&6-537-8489 Winn Ite~ordcd Return Ta: Wens Farga Bank,1V.A. Attnt DncumenbMgt. f P.U. Box 31SS7 hrTAC i~i45S-41S I~i!littgs, MT 5910'7-99110 State of Fda&a ~paee AbaYa"CdTs .Lice For Rtcardiwg gate ~ REB>aREN£E #: 24p?Q5971i}0329 Accawyi number, 651-651-138873Ci-1XXX ° SHURT F{~RM DEED 4F TRUST (Wlth Fnkure Advance GYause) I. DATE AND :PAR'T'IES. The data of this 5hrnx Farm Feed of Trust {"Security Inst~waoent"') is ~'IARCH 19. xpi17 and the parties •ere as fatics~: TRCTST>wYR ("Grantar"js TBAIR'S POi~iD, AN UNMARRIED MAN', WHt) AGQtilRED TITLE. AS, THA1R'Pt}1+1D, AN UNMARRIED MAN witasc address is: 2980:N hiERIDYAN RD, MER1DIr~N, IDAHt} 83646-S4A4 TftT,JSTEE. Wtllt Fargo Financial Natiantsl Rank, PO Baz 31557 Blltings, MT 39107 r BENEFICIAR'X ("L~cndra")» Weds Fargo Bank, N.A., l0I l~octh l'bTwps Avenue, Sioux Fads, SD 57104. 2, COTV'VEYAIYCE. Far good and vaiuabic cgnsideratian, the receipt and'suffieiencyof w2sicl- is acknewlcdgcd, aatd to secure. the. Secures! Debt (defined btslaw) and Granter's perfatutattct under this Security Irtstru3icnt, Granter rreueslabiy grants, canvcys and sells to "fs'ttstcc, in trust for the berxfit of Calder, with power of salo, al! of that certain real propertiy Iocatad in the County of ~,,DA, State. of Idaho, descnbed as follows.. fil3E LAPID REFEItRT) Tt313V THIS COM6ri2TMENT i6 DF.SGRIIiL23 AS FOI.LQWS: A PARCEC. QF LAND IN LOT 4 OP SEtTIt'}N ti, Tt}WN823TP 3 Nt31~T2i, RANGE 1 EAST, BUISE MERTDiAN* iN ADA CiflUN7Y, @AI20, AtO1tE PARTICULARLY DESCRIBED AS FOLLQSVS BEGINNING AT 1'SE NU22TIi'~5T CdRNRR OF SAID SECTtflN 6, '1'OW1tYSHIP 3 NORTH, RAI~IGE 1 EAST, A ItItt?I+IZE GAP;. THENCE SOUTH 569.2.. FEET ALONG THE WEST BOUNDARY LINE OF SAID SECTION 6 TO A PC3II~1T, "C21<E REAL. POINT OF BEGIPItiVI1VG; THENCE SOUTH 320.9 FEE'T' ALONG THE WEST BOUNDASY LENE OP SAID SECfiION 6 TO A POINT; THENCE ALONG THE GENTERLTI++E OF AN IRRIGATION 2)ITCII TIiROUGII THE FOLLOWING TWO COURSES AND ~ DISTANCES, T}iENCE SOUTB 59 DEGREES 30 MINITTES EAST 459.0 FEET TO A Pt)ItV1'; THENCE St?L31'ET 83 DEGREES 3d MINUTES EAST 186.6 FEET 3'O A POINT; THEAICE I~OR7"H 467.8 l'"EET'7'O A STEEL PIN; THElYCE NORTH 59 DEGREES 52 MINIiTI~S WEST 589.6 FEET TO o THE_RI?AI. PCINT OF EEGINNING+ 113 T)oestrnentsPracessed 03-I9.2407,13s42;43 1pP23J20i2 TUB i~:a6 FAX 2OB 3S9 Q7b5 Tarnazraw'a Hopp a~3( ~ ~ 1 g . ' wilt the address of 298d_„)V. ME1tIDIAN ttD N[,~RIllIiAN_,,, IAA1~0 $3b4b end parcel nttmtter of S]10b222636 toge#her with ail rights, easements,. eppurtett~ces, royalties, mint:ral rights, oil end gas rights, all water and riparism rlgttts, ditches, artd watci• stock and all existing and t'utuza isnproveraents, sWctures, flztures, and reglaceraents that tray new, ar ei any time in the future, ba part of the real estate desctrlxd above. 3, MAXLY1tJM C1BLIGA'TiD~I LIMIT ANL! SEt:t€RED DEBT, The total amotutt which this Sxtuity lnsuument wi!! secure shall not exceed 70 d .00 together with ,all iatetrat thereby accruing, as Set Earth in iha promissory note, revolving line of tatdit agreement, contract, guarantor or cthcr evidence pf dobi {"Scctuud L7cbt"j of evaa ddte bcrc~virh, and att. assscndateats, ctuansians, tttadifiaatiasks,renewals or ether docurneats wlach are incorporated` by rclerenc~ 'into this Stcurity fnstnument, uow ar in the fume, Tho meauity date of the Ssxured Debt is l~°ICH 19. zoa7. 4, MAST~tt Ft3RM DEt?,D OF TRt'1ST. Ay the delivery snd executiar: of this 5sxuriry lnatrttatenc, titasuar agrees that alt provisions and sections of the Muster Farm Deed of Trust {"Master Fora;u'~, inclu5va, dt+ted ` February 1, 1997, and t~ecarded an F~ebrgartr 14, 1997 as lnstrumeat Number 97 t2d in Hoak NIA at Page ~V,~/A of` ttte OtTectal ttcenrds in the Ot'Fice of the Rocaaier ©f AD~Counry, State of ldaha, arc hereby "sncarparated torte, artd shall gavcrn,,tisis Security lnstnuncnt. ~O~Jai023 S. RIDI~RS. If chteked, the foltaw'tng eie applicable to ibis Security Ynstrttment. The covenants and agreematts of each of the riders ehecktd below era iacarparated taro and .supplement and amend. the terms of dti~ 5eeurity Itt9truraent tvt,- 'Third Party Rider . ~~- 'Leasehold. Rader ~~ [khar, N/A SIGNATtJRESs Sy signing below, Granwr agrccs to gcrfarm alt covenants and duties es set focrh is true Security ltuia-umenl. Granter also t+clrnnwlcdges recalpt at' a copy of this docutttatt and a cagy at'the pmvislons contained in the previously reec~rdcd Master' Farm (the Deed ofTrust•BatsWGustamei Cripy). .fie. 1~ Date Grantor Data .Grantor Datc Grantor Datc Grardtar Date Ii~iaecd-sbortCDP,VI (06!2002 ?f3 Daaunents Processed03-14-2007,.13:01:43. i0/~312a12 TUE 1de4~ FAx ~Q6 319 47bS Tomorrow`s Hape } Gzautor Dete Grantor Dste Grantor Date. AG1i7YC!'4?VI.EDGIvY~t~7T's L~oG Afi Individual Aeting In His(Her awn Right. State atidaha, county of J~ll]P. ass. On this ~ day of /tiA,t~.n,ckw ,;io the year of ~"~' , befatc me pcrsatiatly appeared _- -____~-- rrra kztawn ar idcntifced is me (ar proved to ttte on the oath of ....}, to bt the persoa whasts nano is subs<an°bed ttt the within usatfument, and acknc+wted$pd to that he {ar they} executed the same. IN t~'ITNE.SS WHtaF,1 have hereunto sec eery' hand amt af~xal n-Y affteial seat ft~ dny and year in this: cenifiaate first above written. NataryP ha t ~ ~;,~ Residir~ at _ '~L~ > ~,,_ My canurussion exgires ~ '?c, ,~- ~'"~ R ~, au'~ . TDt7eed>ahort CDF.V I (0612042 3!3 I[l1~1~1~6~~~~(J~~C~~11~it~~~t~E I?ttcurncnts t*roc~sed 43-19-3447,13:Qis43 I~14051Q23 I0123C201= TUE I.Az 36 FAX. 208 31.9 0765 Tamarzow` s FTope mS306/023 f i i t~LEGIBI.E Nt~TARY SEAS. DECLARATION i CEf2Ti6Y llNCiER PENALTY tai PERJURY THAT THE NOTARY SEAL Qhl THE DOCUMENT` TO WHfCH THIS STATEMENT iS A'fTACNEi? READS AS FOLLOWS; Name of Commission ~ 1 Number: 1 ' Gornrnisstrtn ~•~. Cs~.~~~C Expire~st "~! Date 8~ Piace of ~~ }! NoEary Exeoutian• ~ - „___,~~.. pate 8 Place of ~ This 1~xacutian: • W shin on !Coon O ._,,.--. __ Signature 1NELLS FAR~o F3ANK, N.A. Revizcd 7-1'7-gi! 10t2~t241~ TUE 19aA~ SAX 30,8 3]:4 0765 Tornvrrow's Hope ..'t ~ °r ~ COUNtY gfCQAG87! d DrtY1 , 0 HAVAiiRO A;~iDUNT 48 80~E tDANQ 071t~18~, p1:24 FM OG Return Ta, Di:PlIfY ~~p(~ Oft , 16 ~~~ ~~=N~ ~ RAM A~~~~Q_R~u~~ of ri~o ~~e iC~ I1111t1~llill~ll~llli~l~1llf!! 1555 H, itifAI;ttf3'P SI2L ski. #240 2!C u.~_ 195i~94$I1 IRVING, TX fi5038 Prepared ~y: FIRST St]RZZt'}!t tit)ME I;DAN CORPOR)1TION 3x05 EAST t3t7LRLiSN'g STRIVE SD'IAI~t, IEA 8 k ~A 36 9 2 ff ,r+ * ~ ~j ~ ~ f f ~ IM[C AkWVC`~115 LtflQ FtlC R[iAit~, Dit9~ J 7 Z?EED OF 'TRUST DQS9z2793s ~lH 1{?OOt3 5200542279395 IOEFITJtTIONS Wards used rn tnuhrpk sections of this document are dcGned bclaw and other words ere deftned in Seaiaas 3, 11, 13, 18, 2i} and ? t. Cortaro culex re8ardia~ ihr usago of wards used rrt this docus:#ent are also pmridod in 5ectroes ld. (A} "security Tnstruipent" means this document, which is detcd July 7th, 2ti05 tog~&erwuh ailRttler to tfi~ dacumentw (B~ "Borrower" is THAIR P02Ytt , Ar- tlrttaaxrfed ;~Sasa Aa Als t3cle ~ 5opttzt~te Property. Bacrarwt:r rs tha pvstor undo tbrs Security tnstrument. {C) "t,s"nder" is SIRST BC1AZ~t)N HgHB SAAN C0t3PCtRATItJR Lcndor r5 a CORPQRATZt3N . organized and ezistitsi; under ehe lows of TSE STATE {7F Z~iSA a iDIWC3-Srsgla Fami4y Faisrnk MaetFraddle Nfac UMlFOl3M INBTRUMEtiT Wf3H MERS Fnrma01J1101 {•6A{~) roms} p,peiorrs ~ _..C.S.t.- ~~ ~ N~ RN~~~ VNV -iWirta rGErMS, teG0ig2 x•724 t (~j40Et423 /~ 10f23f2.012 TUE lAt 9? 1;'AX 208 319 tt765 TamarroFt' s Hope Lender`s address is 40EJ0 Aoza.zon Way xzving, Texan 75()63 (p} '*'ftYtsiee" is ',cZ'D±7.E"C}HE' 335 22T#t- AVE.. Fib.., ttAMPI-, It3 83666. . {>~ T"{4+tE}`{&" is Marigage D±1«ctrostic Rtgisztation Systems, Inc, M;~RS is a separate cwparatisan that is actipg solely as a nominee far tender and L.endcfs successors and assigns. &IEtiS is the beneftriary antler this Security tnstrtrzgertt. tvt~RS is argeaized and existing uadt;t the taws oC Delaware, and bas an address and telephone number of F,fl. Bnati 202b, Flint. 2vtl 48101-Z0Z6, let. {ASti} 679•SviERS. (')?j "!late" means the promissory note sigtred by $orrawer and dated. Jts].g 7th., 2t'tQ5 . The Nate states that Borrower owls leader TFbtEE Ftt7ktDRE"ii TFSZFtTY F:I~T TFi048lSNir 6 Ot?/1fl0 DoIWu's (1.1.5. $ 33B, itt){?.84 )plus ioletest. Sorrnwec has promised ttr pay this debt is regular Periodic Payments aad to pay the debt in full not later than At1t~t3T ~., 2035 {G} "Prapetrty" mesas ltte proptxty that is deseribed below antler tht: 6eadittg "Transfer oC Rights is the Prcrperty." (Ei} "l;oaa" means the debt cviJenced by the Rate; plus interest, any prepayment charges and late charges due wader 4be Nate, and. all sums due uttdcr this Security. lastrumeat, plus interest. {I} "Riderx" means alt hiders to this S+eCUriry lnsttument that arc executed try.. $arnswer. The. following hiders. arc to tm excntted by Bomswer jebeett box es applieable]< Adjustafrfe Rate ttrdec ~ Candaminiunr Rider 3ecand Hame Rider Balloao Rider (~ Piaaned Uait pevctopment tiidcr ~ i-4 Fatuity Rider VA Rider (,~ Biweekly Payment Rider ~J Otber(s3 Esp~ifY {J} "App6catrle taw" means alt cootratliag applicable federal, stoic end local s~talutes, regulaaags, vrdinar.~es asut administrative rotes and orders (that have the etTest r+f taw) as well as all applicable foal, non-appealable judicial opinions. {!{} "Coramttnity ,Asaaciatton Dees, Pas, and AssrsstaeatsTM means alt dues, feet(, assessrneats and other charges ttrat arc :imposed an 8nrrowcr or the Ptaptxty by a condomtnium association, hamsowners assoeistion or sirnitar organization: {L} "Etectranic Funds Tranafer"means any transfer of funds, other then a transaction originated by check, draft, or .similar paper insttumettt, which is imitiaied tbroush an alectranic tcmtiutrt, telephonic insuumcat, carnputer, ar tnagrtciic tape sa•as to order, instruct, ar authnn~.e a Ctnancial institution to debit tx credit t>in account. Such term. includes, trot is (sot.. limited ro,; pohst-of-ale transfers, autamaied teller machine transactions, transfers ittitiaicd try tclepfiane, wire tzai-sfas, and autattated ctearingbouse uanst'ers. {M} "P~craw Items" mesas those items that are descritred in Section 3. {l+t}'~Miscx-tarreaas Proceeds" means any catnpeasatiaa, scttierncnt, award of damages, or proceeds paid by any third party {other than tnsuraace pmcecds paid under the cavcrages dcsaibed is Scctoa S} for: (i} damage to, ar desuuctitta of, the Property; {it} eondemnaiinn ar other taking of alt or nay part oftbe Property; (iii} convcyaFtce is lieu of coodemnatian; ar {iv} mistrrprestttations of, or omissions as to, the value andiar caadttaa al`thc Property. {Q} "Mortgage trtsnranee" means insuranee protecting Lcoder ngainsi the nortpayrrt~t uf, or default an, the Loan. {P} "Periodic Paymetti'" means the regularly st:tteduled atnauttt due fax {i} pr`metpat and inicrest under the Note, plus {ii} any amounts under Section 3 of this Securty Instrument. Q054227934 ~,~,~ ~{!~ {1~~.61~t'pt ppgst vaas:daa Porm3ot3 tN1t ~flostt~a~ 141~3f~nL2 Ttt~ &d,4T ~~ 24:8 319 4765 Tttmo~t~oW g Hope (Q} "ItESPli~" means the Real Estate Settlement Procedures Act (l'I U,S.G Section 2601 et seq:} and. its r implcmcming regulatlnnR,R.egulation ?£ (34 C.p.R. Part. 35(lq), es thcX might Ire amended from time to time,. ar any addiGanal or successor iegislatton or regulation chat governs the same subject ntateer. As used in this Security Instrume»i, "RESPA" refers to ail rcquiretstents arni restrictions .that are imposed in regard to a "frderaNy reltited mortgage loan" even if the Lnad does not qualify as a °Cederalty related mortgage roan" under RESPA. (R.y +'Snccesstrr is interest of Borrower" means any ,patty that has Lateen tide to the Proptsrty, whether or not that party bas assumed Borrower's obligations underthe Mote and/nr this 5ccr~rity lnstrutrnmt. TRANS>+ER t71` RI{IIi7'S fIJ TNF. PROPERTY The beneficiary,of this Security Instrument is MFRS (solely as nntnir-ce Car Lender and Leader`s succi„ssors and assigns) and the successors and asslgtss of SRS, This Security Instntmcnt secures to Leader, (i} the repayment of the Luca, and alt renewals, extensions and rnodificatinns of the Nate;. and (ii) the performance nC &rrrower`s ~venants and agreements .under this Security Instntmmt and the Nose. Fnr this purpose, Borrower irrevocably grants and conveys to Trustee, is dust,. with power of sale, the fntlowing described . property lot:ated in the Catxtsty lTYtkcrRecur~tiagttsisdictcsrj ~r n~ tNamcort:«urrtingttirtavlcu~,1 ; AAk that tract: tsz lrarcal of land so shown an Schedule ++A'+ attached Itez~ta -wich 3.a incorporated 2serain tsr-d ttusc3e ~ parst hereof. k Faecal 1}? Number. Cvurrty i Sllt?ti222556 Gityt which cucrentty has dte address of g 298i) 1'tt9A't't3 ZaERSD271N F~ltit [&irectl t~RIDI7IN (city), ldabo 93642. f~t+Cwie) {"Property Addrt~s"). TOGETIiIiR WITH all the improvements now or hcrealta' erected on the property,. and all easemcats, ' appurteaanses, end fixtures now ar bert:eRer a part of the property. Ail replacementt; and additions shall. also be envcrcd by this Serttrity Instrument. Alt aCtbt fott~;oing is referred to in tttis 8eatrity instrument as fife ''Property "Borrower urtderatands and agrees that h1ERS hnlds only Jcgal title to the nttrests gtattted by Botmwtr In this Security Instrtttnertt, but, if necessary to carnpty with law or custom, h!IEAS (es nnminee for Les:der sad Ltndtr's sut:cnssors and assigns) has the right: to oxt;xcise spy err all of these Interests; including, but trot limited to, the righr to forcclnsttre and sett the Ptnperty, and to take any actt`an required of Lender including, but not limited to releasing and: canceling ibis Securitylnstrurnens. IIOItROWER COVF,MAPiTS that Borrower is l>swfulty seised oC the estate herby conveyed and bas.. the tight to grant and convey the Property and that the Properly is unencumbered, extxpt fnr encumbrances of record. Hnmrwcr warrants and will defend generally the title to the Fretperty against all claims and demands, subject to any ezscumbren+ccs nfrecord. l~{4 L 4,J tt 23 ODS9227939 v" ~~BAItDI t1 r~aats ~ ~ fvtm9ot~ ttttt 1Df23f2a~1~ TtJE 14«47 FASt 2Q8 31.9 tP765 T'otnor>:ow's xape THIS SEG't3RJTY INSTRUMENT carnbidos unifttntt t:ovedants Car national use and don-unifamt covenants with. iitttited variations by ~trrisdiction to constittttC a uniform security instrument covering real property, UNIFORM CC?~ENANT5. I3orrawer and Lender cavcnant and agtxa as fniMws: 1, Faytnent at' i'riaeipat, Interrrst, Escrow items, Praperytntsnt Charges, and Late Chttrgos. 8arrawer shalt pay when dno the princ'tpai of, and interest ltd, the debt evidencacl by the 'Note and. any prepayrstent charges. and Iate charges dtto under the Natc. Batrttevrer shai! also pay fudds for. Escrow items pursuant to Scctiua 3. Payments dua under the Note and this. 3txuriry Instrument shat! bo tdade in U"S. ( curt"ertry. Hawaver, if any check ar athor inshttmont received by Lender as payment under the Naia or this Sectttity ltrsttumedt is returned la Lender udgaid, Loader may require Thai any ar el# subsequent payments -due udder the Notc and this 9ecuraty Instrument-be mach in one or morn ad thin fallowidg, farms, as selected by Lender; (a) cash, {b),maney order; (c) ccrtil5td check, hank ehcetc,,treasurer's check or cashier's check, provided any such check is drawn upon. eft institution whose deposits ar,t: idsured by a federal agoncy, instrutnenta6ty, ar entity; or (di Electrodic Funds Transfer, i'aytnedts ere deemed received. by Lender wheel received at the Iocadon designated id the Nata ar at such other Iacatian as may be designated by I:.tndor in ac°cardaoce with the natitte'pcovisiods in Section 15. Lender may rtrtttm any paymen! ~ partial payment if tba payment ar partial payments one insullicient to bring tlra Loan current, Latdcx may srcept any payment ar partial payment lrtauiTieient to bring flit: Lean current, t without waivtr ofaoy .rights hrseunder ar grcjudicc tats »ghts to refuse suc}t payrttent ar partial payments in the future, but Leader is dot obiigatcd to apply such payments at iho time such. payutadts are accepted. If each Periodic Payment is applied as of its schadyied due date, ;lien Lender aced not pay inrerest an unapplied i funds, Leader may bald such trnapplied lttdds flail; I3arrawcr makes. payment. to bring the. Loan curredt. If Batrawer does rtat do so within a rcasaaablr period of time, Lender shah either apply such funds ar return ` them to 8onawer. If dal applied oarliar, such elands will bo applied to the outstadding principal baladcc udder the Nate imrnt:dately prior to farcciasure, No offset ar cia'rratt which Sarrowcr might Nava daw or in the future against Lender shat! relieve Borrower from making payments duo udder the Note and this. Security Instrtstnoat ar pcrfomting the covenanu add agroerrtcrtts secured by This Security Idsttvdtcdt. 2, Appllcatian of Payments ar Proceeds. Except as atherwrsc described id this Section 2, all paymottts ? accepted and applied by Lendcrshah be applied its the followlnb order of priority; (a} inicrest duaussdorthe Nate, (b) principal due ender the Natt; (c) amaunts due under-Section 3. Such peynteuts shaft bn applied ro each Periodic Payment in fire order in which it bacamr due, Any rcrrtairing amaunts sbal!'be apgfu:d first to late charges, second to any atlrar arnaudts due under shis Security lnstrumHet, and that w reduce rho principal balance afibe tote. it" 1-e>,dwr receives a payment from. I3atmvter Car a delinquent Periodic Paytncdt which ;deludes a i sufTicient remount to pay say into charge duq den payment may be applied to the delinquent payment and tho taro cbargo. Xf more than one Periodic Payment is outstanding, Lendtxmay apply arty paymetrt received' from Batrowar to the rcpoyment of the Pcr3odtc Payments it, and tit the extent tltst, each payment can be paid in t full" `fa the extent titer ady excess exists otter rho payment is appiiedio the 4'uli p®yttxrtt of one ar mare Porwdc Payments, such excess may be appiied to any late charges duo. Yaluntttry prepsymedts shall be applied ftrst to arty prcpaymortt charges and flied as described in the Nato: Any apptication aC paymcdts, insurance pt~tceexis, ar ivliscellaneous Procoeds'to principal duo under' rho Nate shah not axtcnd or postpone the dnc data, ar change rho atnaudt, of ilia Periitdic Payments. 3. Funds der ~;scraw ;toms. Borrower shall pay to Lettdcr on the day Periodic Payrnonis are due under the Note, until the Note is paid in full, n sum. (the'Funds*} to provide der payment of amaunts dua for, (a} taxes and assessments cad other items which ;cart nttaid priatity over this Security T»stntmettt na a, Gen or oncurnbtancs on the Property; (b'i Itiaschold payments. or ground rents an the Pmparty, it`ady; (c) premiums Car any and ail insurance required by Lender under 5ecttan 5: and (dj Mertgaga Insurance premiuma, iC any, or any sudts payable. by }3otmwer to fcader in I'teu of the payment of Mortgage. Instertutlca premiums ld accardaace with the provisions of Section l0', Thtxc items era coiled "Fscraw Itertts." At otiginatian Drat. eny time during the term of the Laen, Lender may t~uire that t:.ammuniry Association Duos, :Fees, and Assessments, if any, be escrowed by Botrr7wer, and such dues, fees and assessments shall be an Isscraw dtcnt. Hormwer slta'il promptly famish to Lendter all datives oCanrttunts io >sepaid under this Section, (~p11ttI23 ~6Atit9} IaooSt f+.eraatt4 ~~~~ - fornt3t)13 tlOt tt11~3I2t}12 TttE PA: 48 1r AX 2pB 319 t)765 Tatnozrari' s tiop~ Bairowtr sbal# pay Lender tbt: Funds. fez i*scrow items unless Ltnder waivta Barrowst's altligataan to pay the Funds for any or sit fscraw Iteans. Lender may waive Barrawcr's obligation to pey to Leoder Funds fur nny or t+ll F~ctow Items ar say tame. Any such waiver may any bean writing, In the rrettt of suchwaiver, Borrower steal! pay discctly, when and where payable, the arrtauats due Ear arty Escrow ltttrts far which paytttir»t of Funds. has herb waived by Lrnticr and, 1f Lender requires, st-atl famish m Lender receipts tvidenCang such payment within such rime pcraod as Lender may rcquirt. Eamawrs's-abligsdon to make such payments and to provide receipts shall far al[ puslwses be deemed to bt a covenant and agrctment cantaincd in this. 5ecuriry Insovmtnk, as the phrase "covenant and agreement" is :used in Sect#an 1. if Barmwer is ats#agattd to pay kscraw Items directly, Pursuant to a waiver, end Borrower fatty to pay the emaunt due fnrnn Escrow Item, Lender-may exercise its rights under &ectaan 4 and pay such ac»au»t and 8arrawer shalt then bC abiigated a»der Scotian 4 to repay to Leader any sualt arnaunt. Lender may rtvake ttse waiver as to arty or a## Escrow items at say time by a notice given in accardancc wash Section 15 rand, upon .such rtvocataaa, Barntwcr shall gxy to Ltnder all Funds, and an such amounts, that art theft rtxtuired underthis Sectaan 3. y Lender may, tit. any time, co#[ect and held Funds in an .amount (s) sutlicient to ptrtnat Lerrdtr to apply the Funds at the tit»t specifsed under it.pSPA, and {h) net to txcecd the maximum amouat a teadtr can irequart under RESPA. Lender shalt estimate tht amount of Funds due an the basis of current data aad. reasonable estimates a C expenditures of ittture >Mscrow Items nr otherwise in acc~nrrdanct with Apgticable Law, "l'tte Funds shall bt herd in an insEitutiaa wtitase deposits are Insured by a fcdetat agency, arititrutnentatity, or entity (including Ltnder, ii' Lender is an institutaon whoss degasiis art sa insurccl} ar is any Federal flame Loaa Bank. Lender shall apply tlst Funds to pay the Escrow items no Iatcr than tht time specltied undtz RESPA, Lradcr shalt not charge Barmwer Eor ho#ding and ;applying the !"ands,. sasuslly analysing the escrow account, or verifying the Escrow items, un#css Lender pays llotrower interest nn the. Funds. and Apgticatalc-Law gtxmiss Lender to make such a charge, taniess an a~rtemcdt is made an writarig or Applacabte Law rcgtt'rres interest to be paid on-the Funds, Lcndtr sha0 not bertguarr:d to gay Batrowtr any Interest or etuniogs art rift Fuads. Batrawtr and Leader can agree inwrating, however, that interest shalt be paid on the Fonds. Ltnder stza#i gave to t3arrawcr, without charge, en anneal act:ounting of thy. Funds as required by RE&PA. 1f there is a surplus of Funds held in escrow, es defined under RESPA, ..Leader shaft account to T3atmwer for the excess. funds in acsordance with ttisSAA. If thtsce is a tthartege of Funds Itctd in esa'aw, as dtfiaed under RESPA, Lender shall notify Borrower as requucd by Rl?SFA, earl Borrower shat! pay to Lender the amauat nsary to make up ibe shortage is accordance tarith liESFA, bat in »a mare tha» I2 monthly gaytntnts: If tbeee is a detlc#ency of Funds held in csrraw, as deBnad under Rls'SPA, Ltnder shell »atty Barrttwer es raga#rtd by RESPA, aad 8arrawer sitiatl pay trt Letsdtx the emagnt necessary to make ap the dei"rcitatcy in:aecordancc.with ILESPA, but in no.titore t[tan IZ monthly paymmu. tJpoxtpaynte:tt in fui# of art sums secured by this 5aeusity Instrumtrtt, Lt:ndtr shat! promptly rtittnd to t3arznwer any Funds held by txndex. d. Cherges•, Liens, l3arrower she#l pay a## taxes, assessments, charges,. firt~, easd impositions ettYbutatsk to ttia Proprny which can attai»'priarity over this Security [nstrumeru leasehold payrrtents ar ground rents as the Praptrty, if any, and Community ,Assaciatiott I1uea, Fens, and Assessrrtartts, ifany, To iht extent that thcst sterns art Escrow Items, Borrower shall pay. them`in the maaaer provided in Section 3, Borrower shall promptly dascharge any .lice which has priority ovtt' .this Security Instrument unless i Btttrawer. (a) agrees in westing to the payment of the ab[igatittn secured by tba tiara. is a manntz atceplabie to Lender, but only sa iatsg as tlarn>wtr is ger°fortning such agrremcnu {b) caatests the flan in good faith by, or defends agtiinst enforcement of the lzta ip, legal prvctedaogs which in Lender's opinion operate to gtevent the. mfotcemeni of the Ilea while these proceedings are pendhs$, but anty unfit such proceedings ar?e cancludcd, ar (t:) secures from the holder of the lien as tigreement satisfactory to Ltnder suhazdinatang the tarn to this Srcttrity Instrument, If Leader determines that eay pan of the Ptvgcrty is suhjeci to a lien which can attain priority over fitly Security lnstrumeat, l..enda tray give Borrower s notice identifying the Sion. Within t{l ~j0121a23 irst`aah° ~$Iltltt} ttt Pags5cr15 FOrrn30t3 if41 days of the date an which that naftce is gives, t3o=r'awer shall satisfy the lien ar tske oaa ar store of iht actinrts sci Earth a~ve in this Section 4. Leader may require Harrower to gay a ane•time charge tar a real estate tape veritrcatiorr andlor reporting service used by Leader In connettion with this Loan. 5. Property Insurance. Borrower shat[ keep the improvements new existing ar beresflcr erected on the Property slnsured against loss by tire, hazards included within the term "extended coveerage," and any other hazards inchrditlg, but oat limited to, carthquakcs and. floods, for which Lender requires insurance. 'this iasutaat:e shad be rnaintaiaed is the amounts (including. deductible ievetsj and for the periods chat Gender r~uires What Lender raluires pursuant to the preceding sentences can change during the term of the t.oaa. The insurance .carrier pravidiag the insurance shat! be chascn by Barrawer subJeat to Lender's fight to disapprove Barrawec"k chaise, which right slraA aai be exercised unreasonably, i„ettder may require Igormwcr to gay; in connection with this Goan, either; (a) a ottatame charge for flood zaae d~xniaation, ~ CratiGr~tmn and treCkiag 5erYiCES~ or (b) a one>time eharge'Ftx~ fitted zone dettxtainalt`an and certiGcatian services and subsequent charges each lima remappings ar similar changes occur which. reasonably might atfcct such, datemtlnatian or cenittcatioa Harrower shat! also be respaaslble: for the payment oC any fees !reposed by the Federal Ernergcacy Maaagentent .Agency io connection with the review of any flaad xon¢ deterrttinatian resulting 6vm as obJecttao b'Y Batrawer: If Harrower fails to maintain any of the caxcragz;t described shave, Lender may obtain insuratce ° covtxage, at Lender's option and: Borrower's expense. Gender is under no ataligation to purchase any particular type ar atttouat of sovsrage„ "therefore, such coverage shalt saver Lander,. bui taight of mibhl not pretest Borrower, Sotrawcr's equity in :rite Property, or rtte contents of the Property, againstany risk,-hazard ar Gatrlllry sad .might provide greater ar lesser coverage tuna was pteviausty in effect: Harrower acknowledges that the cast of the nsuratux cavcrage sa obtained might signitrcantty t:xcecd the. cosh ct n~trancr, !bat Borrower coutd have obtained: Any amaunis disbursal t:y Lender under this Secuan 5 chaff becomeadditiaaal dtdrt of Borrower secured by this Security instntment. Theseamounts shall. bear interest at the note talc from flu date atdisbursemcnt and shalt }x payahte, with such inicsest, upon taoicc from Leader to Harrower requesting payment Att insurance policies required by Lender and reacwals af'such policies shalt be snbjed to Gender's. right is disapprove such paCieies, shall include a standard mattgage etause, and shaft Darns Lender as mactgagee and/or as as additional. fora payee. tender shalt have the right to hard the policies etsd tzrtewal ccrtiiicates. tt Lens]rr requires, Borrower shall promptly'give to Lender all receipts orpaid premiums and renewer notices. if l~sarrawer obtains any farm of insurance coverage, eat otherwise required try Lender, fore damage tta, or destruction af, the Property, such policy shall include a standard mortgage clause aadshatl name Leoder as mangagee sadist ae as additional lass payee. In the event of lass, Borrower shad give prompt notice to the inattrance t:arrie!r and Leader. Lender may make proof of lass if not made pramptty by Hotrawer, Uz3lrss Lender end Hornrwer otherwise agree is writing, any insurance proceeds, whettser or net ttte underlying insurance was requtred by Lender shalt bt applied to restoration or repair a{'.the Property,. if the restorattaa or rgsalr is ecoaornlca!!y feasible sad Lender's security is aol ~ssencd: Dosing such repair and testoratiaa period, Lender chaff have the right to bald such'insurance proceeds until !.ender has had an apponunity to inspect such Property to ensure the wank has bcert camp[eted to Leader's satisfaction; provided that suchrnspection shall be uadcrtaken pratnptly. Lender may disburse proceeds far thtt repairs and resroration is a single payment ar in a sexier of progress payatents es the.. work is campteted. Unless. an agreement is made is writing or Apptkable Law :requires interest to be patd art such insurance proceeds, Ixnder° shalt. sat tae required to gay Borrower any interest ar eamiogs on such proceeds. Pees for pubtie adjusters, ar other third. parties, retained by Harrower shall. not be paid autraf the insurance proceeds sad shall be tttc sale abtigation of Bornrwer. It: the restoration ar repair is not economically feasible nr Gender's security would be lessened, iba insurance proceeds chart be applied to the sus secured by thin Security Instrument, whether or not. then due, with the excess, if any, paid to Horrawcr. Such insutattca proeeals shat! be applied in the order provided far in Section 2. ~~~ ,~r~/,~J (~m~4ltp1 taxrsr argaaarta Fcrsnopt~ iftrt t<ztil£YGQJ ada~ s ,r,ozzrnaoy 59L4 tiT£ 8QZ anti 9t+rtrT Hr1S ZTpZ/tEZ1aE 1.0123/2412 TtJp 14:48 t?AX 2.09 319 t1T65 ~'amasro'w' s Hale If Hrrrowcr abandons the prapcrty, lender tray tilt;., negotiate and settle any availatzte insurance claim and re1atcd metiers. If $tirrower does not respond vrithin 3{t days to a notice from lender that the insurance tarsier has affcred to state a cinim then Lender may negotiate and settle the. ctairn. The 3tI•day period witl begirt when the Halite u given. In either averrt, ar if Landes' acquires the Propcny under Seclian 22 err otherwise, Borrower hereby assigns to t-~dcr (e} Bavrowet's rights to any insurance practiceds in au atnounr not,>lo exceed the amounts unpaid under the Nate ar this .security Jrrsirutneat, and (b} any ssihu of l3orrower`s rights (other than the right to eery refund of unettnsed premiums peed 6y $orrower} under all insurance policies caveriitg the Property, iasofar as such tights are applicabte to ibe caveragc of the Property. Lendex tnay use the insurance proerds either to repair or restore ttte Property err to pay arnaants unpaid under the i+totc or this Security Instrunteot, whether or net Wen due: b: i7panry. Borrower shah occupy, establish, and rase iba Proptxty as $orrtswet's principal xesidtnce within fi4t days :,tier the execution of this Security Iosbvment and sheet continue to occupy iha Proptnry as s Borrower`s principal residence for at least one year after the date of occupancy, unttse Lender otherwise agrees in writing, which consent street net be srnreasonabty withht:kt, or unless. axtenpating circumstisnt:es exist wbidt aroisayaod 6arrowet's conuoL ?. Preservetfan, Maintenance and Prutectlorr of the Property; Irrspaeitons. ;•lorower shall. ant destroy, clamag err irrtpau the Pmperty, attov+ the Property to deteriorate or commit-waste on the;Property. Whether or not Hower is residing. in the Property, Borrower shag maintain the Prapaty in prder to prevarat ~ the Property Iiom deteriorating or decreasing in valuer due ter its catrdition. Urltess it is determined pursuant o Secttoa S trier repair or restoration is not ccanonticatty: feasible, klonrower shat[ promptly repair the i'rapetty if damaged to avoid further deterioratipn nr damage. If insstrancr or condemnation proceeds era paid in connection with damage ter, or the taking of, the Property, i3tirrawer shall be rrsponsibta Cor repairing or restoring the Property onFy if bender Irffs rr:Ieasrxi protxeds far sucfi putpases. Lender may disburse proctrds for the repairs and restoration in a singte payment. ar in a series of progress paytnenls as the wank is compteted. if ttse insurance err condemnation. proceeds are net suCticient to repair at tt.store the PtaP~y+ Borrower is net rttieved of Borrower's obligation t`ar the cpmptetion of such repair err restaratitin. Lender or its agent snap make rcasoneble entries upon and inspections of iht Property, If it :has reesanabte cause,..Lender may inspect dtc interior of the irssprovements ott the Praperry. Lender shalt give Borrower notice at the dine dC or prim to such sa interior inspection spedCying such'rcasnnable cause. & 8arrawer's loan Appiicatlan. Borrower street be in default if, during the t,.oan application process, 8arrawer ar any pe7<!sans oc entities acting at the direction of liotmwa ar with Borrower's knowledge or coasent gave rnaterialty fats-, mislrading, or inaccurate inf'otmation or statemortts to Lender (err fatted to provide. Lender with material iaforrrtatian} is conaecuop with. the Loan,. tk~atrriai rcpresetttatirins include, but are erne iirnited to, rcpreseneations coucemiog $otrower's occupancy of the Property as eairower's principal t~idenct, ` 4. Protecdt-n at Lendtr'a interest la the Property arid Rights L3Adcr this Sccurlty Iastrameat. if (a} 13ormwcr .faits to perform the covenants and agreements contained in this Security Instrument, (ter} there is a tcgat procccding that might significantly;atTeci.Lender's trtcrest in the Property andtar rights undc- this 5ectuity Instrument (saeh as a proceedaesg to tranktuptcy, prabatc, Ear cortdemnatian or forfcittue, tar aatforcemenr of a liter wretch may annin priority aver" this Security- Instrurmnt err to cirfarce taws err regulations}, or (c} Harrawcr has sbandoned the Propcriy, rhea Lender may do and pay Tor whatever is rcasaaahte or app~tapria7ss ter. protect Lersdcaa's interest in theProperty and rights under this Security Instrument, including pratecxiag andJar assaseing tlta value oC tba Property, and ,aerating andlor repairins the Ptnperry. I.cnder's actions caa inotude, but arc oof ttrnited to: (a) paylag any sums sceurrd by n -lien wttictr has priority over this. Security [nstrumcnt; (b) appearing in court; and (c) paying reasonable attarncys` rn:., ®} taant rsererrs forns3CiS liar (~j614/t)23 Q/29/2.012 Tt71r 14:99 ~t :?R$ 319 0755 Tomorrow' s [tope fog to prrrtect its interest 'in' the Property and/or rights wader this Security lnsavmeni, including its secured position. to a bankruptcy proceeding. Securing the Property includes, true is not limited ta, entering the Property to make repairs, change lacks, replace ar board up doors and wiadaws, drain waist tram pipes, etimiaate building ar athsr' code violations or dangerous coediiians, and have utilities inrned on or off ~ Atihaugh Leader roar take aci+an under this section 9, Lander does not have to da sa and Is »ot under any duly or obligation to do sa, It is agreed that Candor incurs na liability tar pot taking any or all actions euthpiued wader this Section 4. Any atnounis disbursed by Lander under this Sedlan 9 strati became additional debt of Bornrwer secured by this Security Instrument.. These amaupu abate hear interest at the t+Iate rate. tram. the date at disbursexncnt and shall txe payable, with such inecttest, upao nauca froth Lander to Bortowar nxluesting payntcnt, If this Security Instrument is im a 4easahatd, Batrawar shall. comply with ate the provis'torrs of the tease.. If Borrower atxluires fee elite to the Prapeny, the ttasehatd and the fee tiito shall .Clot merge unless Leader :agrees to thQ merger in writing, 14. Mar~tgage lnanranre. if Lender raquirad Mortgage Insurance as a condition of rocking the taan, Borrower shat! pay iha prQxniums required to taintain the Mortgage b'~urance is .ailed, if, for any reasaa; tba Mortgage Ipsuranca coverage required by Lends' ccasrs to be available from the mortgags insurer that previously provided such insurance and 13orraiwer was required to make separately designated payments toward the premiums for Mortgage Insurance;, Borrower shall pay iha premiutres requa'ed to obtap cavtraga substsntially equivalent to the Martgaga Insurance previously in alTect, e! a cast substantially squivoleut w ' the cast to Batrower of the Morrgaga Insutanca previously in efface, from. an nlternata morrgaga insurer setactat lay Lender, If substantially ~uivalcntMortg#3ga Itrsurancc cnvarage is pat available, Borrower slice! cantiaue to pay to Lender the amount of the separately designated payments Thai wetx dne when itte insurance coverage ceased to be in effect. Lander will accept, use and retain these payments as a ooa-rafundahte lass raserve in 1'reu of Marigesc Insurance. Such }eras reserve shalt ba pan-refundable, natwitbstancl3ng the Cnct that. the teen. is ultimately paid is full, and tentIsr° shat! not ba required to pay Borrawex any intrsrrst or eatsiiags ~ an such lass reserve. Lander can nn tangGr rsquira toss ressrva payments if Mortgage insurance raverago (io the etnaant and for the period that Lander requires} provided by an insurer selected by Lender again becatnes available, is obtained, cad Lasadar requires separately designated paytnrnts toward the prcrrriums far Mattgaga ' Insurance. 1f Larder requirixl Mortgage Insurance as a eanditian of making the Loan and SorratrWer was required to make separately designated payments [award.. iha prerniurns far Mortgage Insurance, Sorrawer ~' sbatt pay the premiums required to maintain Mortgage Insurance ip affix[, ar to provide a aaa•refuadabte [ass reserve, tintii Lender's rt:quirCtntmt for Mortgage Insurance ands in accordance with any written: agreemrnt bctwcan Hatrawcr end Leader providing for:such termiaetiaa w until tatrtsiaatian is requitedhy Apgticable T_aw„ NatLiug in ibis Secdon ltl effaces Batrower's obligation to pay interest at iha rate provided in the NatE. Mangnpa lnstuanca ratihburscs Lander tar any ontiCy 15at purcbasas the Noto} far aersaia lasses tt inay incur if i3anowar does oat rr,~ray ibe Lunn as agrsxd, Borrower is oat a party a the Mortgage lasurance. Mort~ags insurers evaluate [hair total risk on all such iosuraaco in force from trnre to lime, cad [pay cuter into agrtancnts with other panics that share ar trtodit`y their risk; ar reduce krases, These agreements are. art terms and canditrons Ihat cite: sasisCactary to ibe mortgage insurer and the other patsy (ar parties) to these i agreements, i'hese agreements may require iha mortgage insurer to make payments using any source of funds that the martgaga insurer may have available (whicL may inctudc funds obtained from Morigaga Fusurnnca premiums}. As a result of these agreements, .Lander, any purchaser o[ iha Note, anathsr insurer, tiny reinsurrr; nay ether entity, ar any affiliate of arty of iha farcloing, may txcciva jd;rectly ofi indirectly} amounts that davc tram for might ba etiaractesrtzed as} a portion of 8arrawer's payments for Martgaga lnsuratxx, in ertchaag>: far sirarimg ar modlfyiag the mortgage insurer's.. risk,. or [Educing losses, fsucb ag,reemmt provides drat sp aflitiatE of Leader takes a share nfibe insit~s risk in exchange far a attars pf the premiums paid 1a iha insunx, iha arrangement is often termed "captive roinsuranee." Pursherr (a} Arty such agreements will oat affect the atnaunts that I3crrrawcr lies agreed t.n pay far Martgat;e insurance, ar eitiy other terms of tire: Latin. Such agreements wEll cot irrereasc iha amount Borrower wilt irws far Mnrtgags insurance, and they w1ll oat etititte Harrower to any rstand. (~j01al023 M+WYt#: +~{301 Sit ~ap.aor+b Form3asS tnJt lotz~~atr~a TUH ld: A9 PAX ztle 319 o~s~ 2'amorrax' ~ !tape Cb) Arry such. agreemeau will oat aitcct rric rights 8arratver has. - U any -with respect to the . Mortgage tasarance wader the liomcawners Prntectian Act of 1498 or say othtr Iavv. These rights may include the right to receive certain. dlscCprares, to rtqucst wad obtain caneclistlan of the Mortgage. Insnrant:e, to have the Mtrrigega insarance termirtated automatleatty, andlar to reccit'e a rMund of say Martgaee Insaraace prrmiurns that were uacaraed at the time aE such caactilatian of terminalloa. ` It. Assigrttnent of :llisccllaaeoas Proceeds, a<arfcUnra AIC ~tiscetiatteaus Proceeds are bertby assigrted to and shall be paid !o Lender. if the Ptaperty is damaged, sut:h NGscetiencaus: Prot:ccds shalt be applied to restoration or'repair of the'. Property; if the restoration or ropair is ecoaamicaliy feasible pnd Lendsfs security is not lessened. I?uring such repair and restoration period, Lender shall have the right to bald such Miscttlatteaus Practxds urrtit Lender has bad as opportunity to inspect such Property to ensure the week has been comptersri !a Larder's... saiisfaetioa, provided that such inspection shah ht: undertakat ptotnptty. Leader may pay tar rite repaita and restarasiau in a single disbursement or in a series of pmgress paytneots as the work Is template!. Unleas an E agntmcrtt is taadc in vrriting ar AppGcabte Law requires intuest to be paid as such Miscellaneous Proceeds, Lender shall leer be required to pay torrower any rnterest or earn"rugs et- Bath Miseciancous Proceeds: If the ~ restoration or repair is cot etonomicatiy feasible ar L.ender's security wautd 6s tessenai, tree Misceilantrous Proceeds shall ~ applied to the sums securai by this Security lostmmeot, whether ar not thew due, w"sth the excess, if way, paid to Harrower. Such h+Cisceltaneous Ptviceeds shalt be .applied. in the order provided for is Sectiaa 2> In the event of a rata! taking, desauctian, or floss in value of the Pmpcrty, the Mistetlaneaus i'rncceds ! shall be applied m the sums secured by this Sccutyry instrument, whether or oat then due, wish the excess,, if any, paid to l3orrovrer, r in the cvcttt of a partial taking. destrut:tioa, ar lass in value of the Ptaprrty in which the fair market -value ofthe Pmpary Catatcdiately before the partiaC taking, dcsrtuction, err toss in value is equal ter ar g€ratcr than the amount of the Burns seared by this Security IasRutnent immediately before the partial taking, destruction, ar Coss in value, uatess Banowcr and Lender otherwise agree ip wilting, the sums ssxutt:d by this Seeurity Ittstrutncnt shelF be reduced by the.. arnouat of the Misteilaoeaus Protttds multiplied by .she ' fallowing traction: (a} the to~i amount of the: soma seturod Immedietety betot$ the partial taking, dastruotron, ' nr Foal; is value divided by (b)' the. fair market value of the Propetry immediately before the partial taking, } dcstruetion, ar 1o9s i» value, Any b~tsnce alra!) be paid w Borrower. in the event of a partial taking, dtsavGtitrn, or loss in value.. of the- Property in which the fair market ' valuer of the Property immediately before the partial tnkiag, desevction, ar lass is value is less- thaw the aataunt of tltc sums sxured immediately trefon the partial asking, desttuctian, or lass is value, uatrss 13orrawer aad Lender otherwise agree in writ'utg, the Msecltancixts Pmtceds ehsll 6e applied to the sums secured by this Saeurity lasErumeoi w3reilrer arnat the sums arc tltm due,. If the: Ptroperry is abandoned by 9arxawrr, ar if, atler natitx by Lender fa Harrower that the Opposing Parry (as defined in the next sentence) affcrs to make na award to settle a claim ('ar damages, Barzawer fella to resynnd ra Lertdtr within 3Q days aQergihe data the notice is given, Lender is aulborrzed is wllect soil apply the hlisrxlluneaus Rroctxds either to resiriratio»'or'icpetr iif this" Properly or to ilea sutt~ secured by this Secutty Instrument, whether ar oat then due. "Opposing Patty" means the Ibird parry that owes Borrower Mistcllatrtous Proceeds err the party against wham Bartower has: a right. of nttian in regard to Misccltatteous Proceeds. Hatrowi:r shall be in default #f :any action ar ptroceeding, whether civil tlr critninnl, is begun that, in Lender's judgntcat, could result in forfeiture of the Property or ether rnatetial impait:;tent of Lender's interest. in the Progeny ar rights under Iftis Security lastrumz:rtt. $otmwer i;an cure such a dclhuh and,_if accekratian has oCt:ttt'red, reiastatc as provided in Scctiaa i4. by causing the aetian or proeeeding to be dismissed wills a rating that, 9n Lender's judgment, prcttudes forfeiture aC the Property ar ether matcrixt impaittnent of Lender's interest is tbt Property or rightsunder this Security Instrumarrt; The proc~ds of say award ar claim :for dem~gas that are aruibutable to the iarpainnent of l,c»dcr"s nrttest is the Frapetty nra hereby assigned .aad shall be paid to Lender. All Misccltaaarus Proccrda that. arc cot applied to restoration or rc~ir of the Property .shall be applied in the order provided for in Section 2. p~isto2~ .t;p(~l muss a.p~ ad is ~ feria 3013 !!Ot 14/231~t112 Tt1t 3d: tS9 FAX 20$ 339 Q7b:5- Ttarrtarrr~w~ s Rape 12. Borrower Ntit Relaascdi Fartrcarance By Lender Not. w Walvrr. Exiensian of the time for payment or modiCcation of arrrartixatfon of the sums sera,red by this Security .instrument granted by Lander • ra Harrower ar any Successor in lnttstrost rif 13tumwer shalt not operate to release the fiahitity of Borrower ar any Su~essors in Taterest of Hornrwer: Lender shall ..not. bs requ'ucd ro carnmencc proceedings agafmsr any ` Successor is ittfgrest of Borrower ar to refuse to extcttd time for payment or otlterwlsc :modify emtatlzadoa of the auras secured by thfs Security lnstrumeat by reason of any demand made by the original Borrower or any Su~essats in Interest of Harrower. Any forbearance by Leader in exercising any right or remedy including, wit[rout limitstiaa, Lenders acceptanrx of payments (ram 'third persons, eatitie9 or Sutxessots in interest of I-omswer ar to amounts less than the: amount thrn due, shall not be a waiver of or prsciyde the exert:ise ofany right orremedy. I3. )Hint and Several LlabWty; Ca-stgnerst Sncccssara and Assigns Hound. Harrower covenants attd ar,~recs that Harrowers abt3gatians and liability shalt be joint tend several. Hourevert any'Bosrawer who co-slgrts this Security tastrument hrtl dons Hat execute the Hale {a "ra-signer"~: (a) IS co-si~ag this. 5eourily Iastrumm~t only to moragagt:, grant Viand convey the ca•Signets interest fa the Property wader the terrrts of this Security InstYVment; (b} is Hat personally obligated to pay the sums secured by this Security instrument; sad (ts) agrees that Lcrtder and any other Harrower can agree to cxtend,:madlly, Gorhtnr or make any acccimmadsGons with .regard to the teens of this Securfty Instrument ar the Note without the cu-signer's cpnseat. ~; Subject to the ptovisfana of Secttaa i 8, any Suctrssar in Interest of Honowcr who assumes t3ormwars obligations wader this Security instrument fa writing, and is approved by Leader, shall obaia all of j Harrowers rights. and betteHts under this Securfty instrument. Borrower shall eat be released finrn Borrowers obtigatians and liabil'sly wader this Security instrument unless Lender agrees to such zettrase is ~ wridng, 'Ihe cavcnants and agrrxmeats of this Stxurity Instrument shalt bind (except as provided in Straiten 2Q~ and beneift the. succesaots and assigns a6 Leader: 3d, Lonn Charges. Ltnrter may ahargt: Borrower fees far services performed is cpanecitcrn with iiorm~xers default;. Far rite pterpostt of prottxting Lend~'s Interact in ttrc Property and rights uads«r this Security Insmsmeat, including, but not lirrtiteti' to,,attaracys' fees,, property inspection and valuation fees. in ` regard to airy atber fees, the: absenve of expre:ssauthority In this Brantley Insintment to charge a specific fee. ' to Borrower sbetl not be corfstrtrcd as a prnhibitfon-0a the charging aCsueh fee. Lender tray Hat charge fees that are. expressly prohibited by this Secevity instromeat -ter by Applicable Law. if the Laatt is subject w a law which arts maximuc» Iaen charges, and -that law is realty ittterpreted srr that the interest or other loan charges caltcetad err to be collected fa coanecrion with the Loan exceed the ps~rttit3cd iitnits, then: (a} any such ltsan charge shall. bereduecd by the amauat necessary to ~ncn the charge to the permitted Graft; and (b) any surrts nlready col[ecttxl liom Sornawer which exceeded permitted limits will bo ref`uoded to Horrrswer: I:.ender may choose to make this refund by ratucing the principal awed under the Nate err by reeking a direct paymxat to Borrower. if a refund reduces ptincipat, the reduction wilt be treated as a partial prepayment withaut any prepayment charge (whethu err Hat a prcpaymt:at charge Is pravfded Car wader the Note).,t3arravrcts acteptaace of any auchsefund made by direct payment to Borrower wftt eottsttute a waiver of any right ol'actian oFrgwer might have arising ant of such avrxct}arge. fS. IVattees. All notices given by $amrwer or Lender itt caaaection with this Securty-Ittstrrrmemt must be in writing, Any notice w Borrower in rortnection with 3his Security Tnstnrmeat shall be deemed ro have i Fseert giaea ro Borrower when mailsd by+ first class mart ~ when actually delivered ra t3urrflwer's aotiatt ttddreas if amt 6y otttcr mesas, Notice to any aac Borrower shall eonstitute notice to ati i3atrawera unless Applicphle Law expnxsly regwires otherwise, The notice address bball be the Property Address un[ess ', Harrower has designated n substihrrt: natiea add~ss by aatica to E.rnder. Barsawex shall promptly natefy Lender of Borrowers change aCaddress. If Loader specifies a procedure for separttog Borrower's cimcge of .address, then Harrower shall nary report a change of address through that spex;iGed procedure. There relay be only sac dtsigttatcd notice address under. this Security instrument at airy aae time. Any notice a Lender obeli br: given by dclirering it err lay mailing i€ by firer class trail to Lender's address stated herein unless Lender bas dtsigtsefed another address by notice to Boirowct. Any notice in coanectioa with Ibis Security instrument shall eat bt: dtxtmeri i~ have bens given to Lender until aciualty received by Leader, If any rtotict regretted by this Security instrument is else required wader Applicable Law, the Appiicabte Law r>quiramexet wilt satisfy ~ the eorrespanding rcquiretrtent under W'is SrCUrity hsstrrttrtent, , ®01 T.1 Q23 Mm.ex ~~ +~-e,ACta! tmusr ps.,oaas ~~rrnaoia awe IOJ23f201~ Tt3E 14.50 PAX ~0& 3.1..9 Qfi65 Tarnazrotd S Nape i 16, Gaveraitag Law; Severability; Rules of Consiructian, Tbis Seattdty instrument shalt be gawerneA . by CexIctat taw and the taw of the ,}usisdiction in which. then Proptxty is tttcated, All rights aitd abiigatians cantaitted is this 5exurity instrument era subject to any rcquirernertis and timitatioas aI Apptfcabto Law. Applicable Law aright eatplis~itly ar implicitly ttitow kht parties to ogres by caehact ar it mighk be silent, but such silence shall. cot be construed as a Caohibitian against agresment by canaset. in ~e eveat that eny provision ar clause aCthis Security fnsuumertt or the Nail eont9icts with Applicable Law. such. rnnftict shall rat afYect other pravisians of this Security lnst:vrrteet or the Kota which can be given ell`ect without. Iho conflicting provision, As used in this Security instrument; {a} wards of the tnascultirre Sender shalt mean attd inciude " Cotmprtnding ncutet w01'tl OC vraiTiS 6f IIiC feminine gender; {b} wards to the singular shag mean cod inctutie the pturat and vicx versa; and {c} the ward "mtiy" gives sole discresian without any ahtigation to take any actir~n. 37. Basrawcr's Copy, Etarrowcr shat! be given one copy aC the Nato and aCthis Security Instntrnent. f8. Transfer of the Prerperty or a Bcneflciat Interest in Harrower, As used in Ibis Sectlan 18, "Interest. in the Properly" mieaas any 9ega1 or berteficiat interest in the Property, including, but not limited ta, those txxteflciat interests transferred is a bond t'ar detd, contract fat deed, itsstalkneotsales contract arw agreerneot, ttte Ittteat afwhtch /S the trdDSffa'af tttk by-~'latrawerat a fatura datC tea. purchaser. Tf atF ar aay part o£ the Fropeny ar any interest is the Property is sold ar transfbrreti {ar is aorrower is not a natural persae and a beneficml interest in 9arrawcr is said or trartsfemd) wiibauCLender's prior written consent, Leader may raltiiirt: itrarit;datc payment in full of a!! sums sectur;d by dais 5ecttt7ty lastrumcat. Hawmer, this option shall not be e:xercuad by Calder if such eaccrcise is prohibited by Applicable Laws If Lender eicercises this option, Leader shall give Harrower notice oC hcceitxeuon. The notice shalt' provide ty period oC not teas then 3t} days from site date the collet is given in tsccordance +vith 5ectian tS within w~tich Sorrawer must pay alt surtts secure8 by this Security instrumtn6 !f Harrower Cans to pay these sums prior to the expiration. of tFtis ptsiod, 'Lender may invoke any rcrnedies pertrittrd by this Security. instrurrteet without tUrther naiicear demand an Baixower: I9, Harrower*s Right to Reinstate Alter Aertieratine. fC Hotrawer meets certain conditions, 8arravrcr shake have the right to have cnCorcetnent of this Security insirttment discontinued at any time prior. to the cattiest of: {a} five days before sett aC the Property pursaaet io any power ai'sate contained alt this Sceurlty Instrument; {ir) such other paled as Applicable Law might specify t'or the tertninr+tian oCl3otrowec's right ro rciostate; or (y entry ot" a judgment tnfarcing thin Sectiuity Instrument. Those conditions era that 3 Botmwerz {a}pays Lender all sums which tltctt would be due under this Security itucstmatt and fire iVota as iC ea acceitxatiaa _had accumd; (~} cures any default aC any outer covenants or agreements; {c} pays all expenses incurred' in enforcing t3ris Sccuridt tttxuvtnent, including. but rat IimNtxl ta, taasonabts attatneys" fees, proptny inspetstion and vatuatian fees, and other flies incurred Car the purpose of pratecdng L.crnder's interest itt rho Property aed rights under this Security Tnsuument,and (d} takes such action as Ltrotler may. rea.,ootsbly require to assure that Lender's ntcres# in the Property and rights utttier this Security Itasttwttesnt, a aad„ Borrower's otsligatiaa to pay the sr~ms secured by this Sr»uunty `rnstrumrnt, shall eatttinue unchanged. Leader may require that Battawer pay sack reinsiatemeal sums and expeesrs in one ar meta oC the fallowing Camts, as selected by Lender. {a} cssh; {b} money order, {c} eenitied citeclc, bank check, trcasuret's check ar cashier's -check, provided any such check is dawn uponan instirutian tivbast deposits ate insured by a federal . agency, irtstntrnentality or entity; ar {d} Electrortie Funds Tran~ifec upon reinstatement by Borrower; this Scantily instrutrtent and obligations secured hereby shall retrain Catty eCCcetive as C no accettxation tttrct occurred'. However. this rigtst to reinstate sbatk ttai apply in the cast of acceteratian trader Section 16: 2~. Sate of Nate; CEtsegt: of Lase Services; Notice of ~Gtcvattce. The Nam ar a partial interest in the tdate (together whh this Security Instrument}.cart be sold ace or more times without pr~r aolice to Harrower. A sate tn~ht result in a change in the entity (knows as the: "[.clan Services"} that cottects Periodic Payments duo under the Mote and this Security ittstrumeat anti pt~f'orms other mortgage loan servicr'eg obligations under rho Nate, this Security tnstntment, nod Applicable Law. There also might be oat ar snare changes of iho Loan Services uareleted to a sale aC the Natc; l l" thee is a change of ttte Laan Services,l3arnawer wilt rte given vrritten notice aC the change. which wilt state the name and addrrss aC the new Loan 5ervicer, the address to which payments should be made and any other infomsatian FtESPA requires in canncction with. a m016l023 ~,r: ~6A,Itt)l tt+ooat r~aatt~ta ~ Form 3013 1101 IOl23J2012 TtJE 1G: 50 FA~t 20$ 319 0765 ~`arnarzaw' s Hope rsatict of transfer oC servicing... If the Notc is said and thertaEier the Loan is serviced by a Lnan Stn ctr ether l then the purchaser oC the Atott, tde marigagt loan satvicitsg odtigrttious to Harrower will rttnain with test ' .Loan Smites nr be transferred to a successes t.oan Strvicer and ate not: assumed by the Nolt purchaser unless otherwise provided dy thtNo~a put~Bastr: t " Neither Sorrower nor Lender may cnmmenca, join, er be joined to any judicial. aeries (as either err individual litigant or the rnembtr afa class) that arses fmm the otherpany'r actions pursuant to this Blearily Instrument or that alleges that the other party has-bn;achtd any provision of, or any duty owes by reason of, this Stcuriiy Instrument, t.sntit such Hmmwer ar L,erxler has aatified the other party (with such notice given in can7pliencc whit the regttiretneats of Section 15) ofauch alleged ttnaad :and afforded tbt other puny hereto a reasaaabtc pcrs"ad afar the $`tving of aucit notttt to take: corrtxttve senor. !f Applicable Law provides a time ptrind which mast elagst bcCote certain action can bt takes, that dine period wiU be deemed to bt reasonable fns putpests aCthis paragraph. The noiit~ aCaccelctation end opportunity to cam given to Borrower pursuant to Section 22 and tdr notir.~ of acctalet'ation given to Bnirower pursuant to=5ectinn tg shall be dtxmal Ia satisfy thenottce and opportunity to trke comctive acti4a provisions oCthis Section 2t). Zl. Hazardons Substances, As used itt tdis Stctan 21; {a) *Hazardous Sebstances" arc those substanecs-defined es toxic or hazardous substances, pollutants, or wastes try Environmaatal Law and the E fnltawng substances: gasoliner ketoscnt, attter fiatitmeble ar toxic petrotarm products, toxic pestlades end herbicides, votabtt solvents, materials containing asbestos er fartualdedyde, slid radioactive materials; (b) . "]rnvirentncniai l.aw" means federal laws and laws oC Ibo jurisdlttina wdetta the t'tapetry is located tdat relate to health, safety or tnviroarnutidl protection; (t:} "Envuottmental Cleanup" includes any response action,. rcrnedial action, or remeuel action, sa defined In Envitaomental I.aw; and {d) an "Ennvtronmcntat Caru#it'wa" mesas a condition that can cause, contribute tu, ar atltorwisc'uigget an F.tivixanmeatal Cltaaup. ' Batmwer shall not cause nr permit the prcsrnce, use,. disposal, stetagc, or rcleast of any Hazardetts Substances, or threaten de rtleasc any Hazardous Substances, an ar in the Property. Botrawct shalt not do, uor allow anyanc else to dn. anytbfng atTecting the Property {a} that is in vietat':on of any Envimtrmcntal { Law, (bj whicd creates as EnviroametttaC Ctindltlnn, ar (t:} which, dolt to the prestntx; use, or release aC s Haza~doas Substance, creates a condition tdat advetxely efCecis the value of the Property. Tdtprctxding two sentcnccs shall nok apply to tilt presence, use, or storage en tdt Property of smelt quarttitits of Hazardous Substances that. art: genteelly recagntzed to bt epprnpriatt to netrnat resideatal uses and to rrm'tatcnanct of t tde I'raperty (including, but. eat limited ro, hazardous: substances in consvrner products). j Borrrrwrr shall pratnptty give Lender vrritun natiee of (a)'•any investigation, claim, demand, tawsuit;or older action by stay gavcrnmcntat nr regulatory agency nr private part} involving the :Property and. any r Hazardous Substance or Envirnitintntat Law of which Borrower des actual knowledge, (b} any ' Etiviranirttittal Condition, includtng but not tirttitcd ta, any spitting, leaking, discharge,. reirase or lltrtai of rtttaso of any Hazardous Sudatancc, end (cl any candltian caused try tbm presence, use or release of a Hazardous Substantx wdt'cb adversely atTtets the valor of the Proptaty+. I(' liorrawer learns,. err is natiCtcd by any gtrvetrintetttat er regulatory authority, er .arty private parry,.. That any retrscrva or athtr remediation of eny Hazardous Substance affecting the Property is necessary,: borrower shait,prompdy take alt necessary rectt:sfial actions in accordance wild l^nviranmenla} Law. Nothing herein shall create any obtigatinn oa Lcttder Car sn E Envlrortmcatal Cleanup. (~0191Q23 truxiax> -h=-~-~---~ ~al~l tooast rr,Qe+t'~+s Form 34t3 tt04 1O1Z3I20I2 fir)I: 14; S0 FAx 20 i3 319 t}765 Tatorraw' s Hope NON-UNI370}tM C~Vi:NttN't"S, 8arrowcr sad Lcndcr further covenant and agree as fallowr 22. lkcreltxation; Ftemcdies. f.errder shall give aatfce to 33otrawer prior to ac°celeratftta foiiowfa~ Borrower's breach of any covenant or agrecmeat fn this Security. Instruateat {hut oat prior to atxeteratlan wader Secffaa i 8 ualrss Applicable Law provides otherwise). The naNct shall specify: (a) the default; {b} lire action requfred to cure the defaott: (c) a date, not less than 3D days iYam the dots lire natter 1s given to BoTrawer, by which the default most tre cured; and td) tbnt failure to cure firs default as or before ttre date sgtcltfed t» the aatict may result in acceleration of'the sums scoured by this Security InstrumeaE and Yale of tAc Property. The notice shat! farther fnfotla Barrawer o! the right to reinstate alter acceleration sad the right to bring a court action io assert the non-ezCstra¢a oCa clefauft or any other deftasc of Borrower to acceleration and sa1c. It the default is not. cured an or before the date specified in the notice, Lender at fts optiaa tray require irnrnedlata ftayment fu fog of aft solos serureti by this Security nstrnme°rtt without further demand and may invoke ttre power of sale sad any other remedies permitted by Applicable Law. lender shelf he eatltied to collect alt ezptnses incurred in pursufng the reatedies provided in this Section 22, including, trot: nat. limfted ttR reasonable attorneys'-fees and costs of title evidence. It Lender bleaker .the power of seic, Leader ahatl czecute or cause Trosfec to e>iecate Hrftten notice nf'Wc oecunrare al tan event of dcfaatt sad of Leadrx's electlaa to cause the Property to be sold, and shall cause such notice to be rt~corded in each county fa which eay part nl the Property h located. Lender or Trustee shall taal6 copies af'th notice as prescribed by Appifeahle Law to Borrower and to other persons prescribed try Appiicntrie i.aty. Trustee shall glxe putrlfc notice of sak fa tbepersons and in the rnanocr prescrftred by Applicable Law. After the tftne required by Applicable Law, 7`rustee* Switboat demand an 33orrawer, shaft sett the Property at public auction to the higt-est tridder at rho time and place cad under the terms dcfenated3a Wt npt3ce ofsalt is one os tnorc parcels and in any order Trustee deterrnints. Trustee may postpone sale o! ail or any parcel of the Property by pabik annaunctment at the lime and ptace of nay previously scheduled ..sale. Lender ar .its desfgnce taay purchase the Property at arty safe.. Truster shall deUVer to the parchaser T'rustee's decd canveyirtg the t'ropurt7 without anY covenant or warranty, expressed or hstpiicd. 'The recftais is the Trustee's deed shelf be prima. fade evldeace af'tbe truth. of the statements rasde therein. Trustee shall apgiy the proceeds al the sate in the fnUowing ardor. {a}'to aU expenses of the. Sala, fnclrfdiug, but not limited ta, reasonntrle Trustee's and attorneys` lees; (b) to aU rotas secured try this Security itistrumeat, and tc} nay excess lathe person or ptravus legally entftlcd to it. 23. ltccunweysace. ITpon payment of ell sums secnrcd by this Security insaumcsst, ixtider shad request Trustee to reconvoy the Property rind shall sutrettder this Security Instnimeerl and all motes cvideacing debt secured by this Security Iasuument to Trustee. Trustee shall rccaavey the Properly without watraaty to the pctsttz< tlr persons #cgelfy cntil#ed to lt. Such person err persons sitaA pay any rtcordaiion costs. [.ender mey chttrgasuob ptrrsrnt or persons a Cot i`at recoaveyiagPub Property. but only if the far is paid to a ttsitcf fsarty (such as tilt TrustCe) ftir services rettdcred and, the charging trf iha fire fs psrtnitttd under Applicable Law, 24. SubstituteTrttsttr. Landerttssy, Cat any ttasoa ter c~tusc, from.. time to time rrtnavaTtttsite sad aiat a successor trustee to any 't'rustct appointed horeundcr. Without conveyance aF Ihr property, the successor trustee shalC succeed to alt the: title, paver alto duties conferred upon Trusts fitrefn and by Applicable Law> 25.:Area and lacatlaa oC Property, Eitfttr the. Property is not snore than 40 acrGS in arcs. of the Pmpetty is located ~ritriin an incorporated city or village. #~J020/823 tti~~ ~3AitDi azos! vatetaats fatm~iJ Stot d 19123/~t112 Tt7E iC: S4 FAX 2t36 31.9 f17ta5 Tarnarrv'~' s Hope k 9Y 51GNTh3G B.,l?W, t3arrawer accepis and agrees la the terms and covessants canlained its this 5ccuriry Iasvumrat and in any Rider exocuted by t3arrowcr artd recorded wish it. W ttncsses jSaat} T PCtNTt7 -Spnawa CScel) .tin~wcr (Seal} -~~Q 005422?939 Attn> cosy {Scal} -u~> _ {Seal) (Seal) tHvrrowca -Syaawa ~- (SCp1} (Seat} -t3atrcwcr •Rrtrmwa Pape f4af is t=ortn3itli 1tDt ~j0211023 ltt/23f 7D7.2 ~tJ£ 14s SQ gpv 2.08 37.9 0765 Tomozrow' a Mope .~ 5"CATE UFlDAHO, t:AAtYCN Caunty sss qn this ~ day /o~t` ~",,,, ~~ a~ aa.s` , bet'ore men -~%~ ~k.~f~+"ft~'h. aY a. Nosary Pulbtic in and far said t:ounty and sate, petsanhliy appeared TA}IIFt PL?Nt~ i known or proved to nee to be the person(s) wha executed the foregoing instrument, and ec7cswwledged to me that belshetthey rxerulacl the same. in witness tvheratf I have hereuaw cat my hand aad affixed my oftaiat scat the day and year is this ' cet'teftcate Ctrst above writEm. ~~srme 4~,~ CsRE1~r~~ 4tty tail 1C (LSff~T11g lt: ,®,,,r Fteeidtng In Nampa, t0 ~ ~~~ ~ ~ ~ p~~,~~G ~ ~y G~~runiseton Expires 07-0t~t35 ~ J~, 't~ ~'*~'~ ~'~ Ot' 19 I 4051227439 i~a: ~~~tnt oclsk nog. rs d s5 Form 3013 1101 l (~j022/p23 1ti123/201~ ~t3E 1.4f 51 F71X 2t?ti 319 0765 Tomorrow° s Rape EXHi81T "A" i~}oz3~a23 A parcel of land in .Lot 4 of Section 6, Township ~ North, Range 1 East, 9aisa Mefidtan, Ada County, Idaho, mare parttcularfy described as (aElrws. 13EtaINNiNG at the Nocthwast comer of said Secttbn 6, Tcnvnship 3 Narih, Rangy 1 East, a bronze cap; thence South 539.2 feet along the West boundary' Gne of said $ectlon 6 to a poink, the REAL f'QIhIT Qp BEGtNNtNG; thence Sttutta 29A.4 Feet along the West. boundary. tine rsF said Section 6 to a point; thence along the centerline of an f lrrigatiart ditch through the fciiouving tvlo courses and distances; thence ~ South 5g°3tt' East, 469x3 feet to a point., thence South $3®3A' EaSt, i66.6 Feet to a pnirtt,'ihence forth 467,6 feet to s steel pin; thence fVarth 88°51' West, 589.!3 Feet to the REAL POINT C}F $EGttVN1NG. sattbt- A. legal tlesc~§srion AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) ,~j~ / , (name) ~ / (address) /Y/1PY~rlr gU1 ~ CC.~"`~ (city) (state) being fast duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: At~4-~) UNt_oRiJ , ~~~ wSU'Av~ MERrDiaN, ~D 83L`I~ (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City.of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this day of /~°~ , 20 L ~-~~ J (Signature) SUBSCRIBED AND SWORN to before me the day and yeaz fi#st above written. ~~pT A$ Y ... •- S :~ pVgL~G ~•' f, •. ,.~ O r••'•9TF O F 1~~ ••'• Public for Idaho) Residing at: ' ~' My Commission Expires: ~'~ l~ ~~ Matt Adams From: Mindy Wallace [Mwallace@achdidaho.org] Sent: Wednesday, October 24, 2012 2:31 PM To: Matt Adams Subject: RE: Tomorrow's Hope ICF Follow Up Flag: Flag for follow up Flag Status: Flagged Matt, A traffic impact study will nat be required for this application. Please let me know if you have any questions. Mindy Mindy Wallace Planning Review Supervisor Ada County Highway District (208j 387-6178 "We drive quality transportation for all Ada County -- Anytime...Anywhere!" From: Matt Adams [mailto:mattCa~thelandaroupinc.com] Sent: Wednesday, October 24, 2012 12:33 PM To: Mindy Wallace Cc: Denise Lauerman Subject: FW: Tomorrow's Hope ICF Mindy, We are hoping to have all of our CU paperwork by the end of the week. Will you have time to respond to below question this week? Matthew T. Adams The Land Group, Inc. From: Matt Adams Sent: Wednesday, October 17, 2012 11:47 AM To: 'Mindy Wallace' Cc: Denise I..auerman Subject: Tomorrow's Hope ICF Mindy, Thank you for your time meeting this morning on this upcoming group home facility. Can you please let us know if a TIS will be required for this project? Thank you, Matkhew T. Adams, PLR I Principal Landscape Architect ID: 16589 I WA: 1288 I NV: 801 I CA: 4923 i '~ _ t. 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Broadway Avenue Meridian, Idaho 83642 Community Development 208.887.2211 Department Address Verification Date: 1/29/13 The address information below has been researched and verified as the "correct address" by the City of Meridian Community Development Department. Project Name: Address: Zip Code: Parcel,: Note: TOMORROW'S HOPE INTERMEDIATE CARE FACILITY -UNIT 1 3034 N. Meridian Rd. 83646 S1106222636 Located closest to N. Meridian Rd. on west end of parcel 1) The address has been assigned based on available information. This address should be considered temporary. Final address to be assigned upon completion of development. 2) This address will be required to connect to municipal services per Meridian City Code 9-1-4. _X_ Municipal water is available for connection at this location. _X_ Municipal sanitary sewer is available for connection at this location. This property does not currently have municipal services available. 3) This is an existing structure that is currently connected to municipal services. ALL PLANS BEING SUBMITTED TO THE CITY OF MERIDIAN WILL BE REQUIRED TO CLEARLY REFLECT THE CORRECT ADDRESS AND SUITE NUMBER (IF APPLICABLE) AS REFLECTED ABOVE. Address Verification Rev: 04/23/12 E IDIAI~T%="' Meridian City Hall, Suite 102 33 E. Broadway Avenue i Meridian, Idaho 83642 Community Development 208.887.2211 Department Address Verification Date: 1/29/13 The address information below has been researched and verified as the "correct address" by the City of Meridian Community Development Department. Project Name: TOMORROW'S HOPE INTERMEDIATE CARE FACILITY- UNIT 2 Address: 3038 N. Meridian Rd. Zip Code: 83646 Parcel: S1106222636 Note: Located east of Unit #1 on west portion of parcel 1) The address has been assigned based on available information. This address should be considered temporary. Final address to be assigned upon completion of development. 2) This address will be required to connect to municipal services per Meridian City Code 9-1-4. _X_ Municipal water is available for connection at this location. _X_ Municipal sanitary sewer is available for connection at this location. This property does not currently have municipal services available. 3) This is an existing structure that is currently connected to municipal services. ALL PLANS BEING SUBMITTED TO THE CITY OF MERIDIAN WILL BE REQUIRED TO CLEARLY REFLECT THE CORRECT ADDRESS AND SUITE NUMBER (IF APPLICABLE) AS REFLECTED ABOVE. 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Rich AMOUNT 19.00 + BOISE IDAHO 02108/13 11:16 AM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIII III III RECORDED-REQUEST OF 113D14~~~ Thair Pond CROSS ACCESS DRIVEWAY AGREEMENT THIS AGREEMENT, made and entered into at ADA County, IDAHO, this ~ day of Nov , 20 ~L 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: 1. 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. 2. 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, repaying 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 ~pday of DU , 20L. PARTY OF T FIRST P .~ Print Name: //lct. ~' S, ("pr~~~ PARTY OF THE SECO PART S' /~Y%.~ Print Name: /~~,y J . Oilp' Print Name: Print Name: CROSS ACCESS DRIVEWAY AGREEMENT PAGE 3 OF 4 STATE OF ~CYG~~In GL(1(ti COUNTY, SS: Before me, a Notar~jPublic in and for said County and State, personally appeared the above named i 1~" who acknowledged that ~ did sign the foregoing instrument and that the same is ~_ free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal at County, , this ~ day of NDUT~t'Yl VY~, , 20~ Notary Public .pt~p s /as- ~l~s .••~ti~,•( BAR®F~% ~ ~pTARry i~~ c 1'UB~+~ O ~'%~:~ rE of ~~°~' CROSS ACCESS DRIVEWAY AGREEMENT PAGE 4 OF 4