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HomeMy WebLinkAbout1.0 Applicationoo f{ soo ,ot ci,..*o (/Q S $fP I i: tega BEFORE THE BOARD OF COLINTY COt!0/flSSI GARMLD COIINTY, COLORADO N Pursuant to C RS. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivisi#t' Regulations of Garfield ounty,23, 1984, the Board of County of Garfield County, Colorado,to exempt by Resolution the division of acre tract landinto -Tf,...L.-tracts of acres each, more or less, from the definitions of "zubdivision" and "land" as the terms are used and defined in C.R.S (1973) Section 30- 28-l0l (10) (a) - (d) and the Garfield County Subdivision for.the reasons stated S Lts MITTAL RE QI.IIREMENT S : An application w*ch satisfied the review criteria must be submitted with all the following information: Sketch map at a minimum scale of 1":200' showing the legal description of the properfy, dimension and area of all lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities; and Vicinity map at a minimum scale of 1":2000' showing the general topographic and g*grupti" ielation ofthe proposed exemption to the surrounding area within rwo (2) ,i1;, ior which a copy of U.S.G.S. quadrangle map may be used; and Copy of the deed showing ownership by the applicant, or a letter from the properry owner(s) if other than the applicant; and Names and addresses of ou.ners of record of land immediately adjoining and within 200 f6g3 of the proposed exemption, mineral owners and lessees of minerals owners of record of the properry to be exempted, and tenants of any structure proposed for conversion; and Evidence of the soil types and characteristics of each rype; and proof of legal and ua.irut. source of domestic water for each lot created, method of sewage disposal, and ietter of approval of fire protection plan from appropriate fire district; and If connection to a community or municipal watef or sewer system is proposed, a letter from the governing body stating a willingness to serve; and. Narrative explaining why exemption is being requested; and ti (u A. B C D E. F G. H, -g- I J o o It shall be demonstrated that the parcel existed as described on January 1,1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel as it existed on January l,1973. A 5300.00 flee must be submitted with the a lication.,c J ,'?,1:' {",-r.^try Z,.o 313 Mailing Address ,((-,iL<2. City State ,77 1t"a u{-, <. 3 T ne Number E)GMPTION APPLICABILITY The Board of County Commissioners has the discretionary power to exempt a division of land from the definition of zubdivision and thereby from the procedure in these Regulations, provided the Board determines that such exemption will not impair or defeat the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfare. The Board shall make exemption decisions in accordance with the requirements of these regulations. Following a review of the individual facts of each application in light of the requirements of these Regulations, the Board may approve, conditionally approve or deny an exemption. An application for exemption must satisfy, at a minimum, all of the review criteria listed below. Compliance with the review criteria, however, does not ensure exemption. The Board also may consider additional factors listed in Section 8:60 of the Subdivision Regulations. A. No more than a total of four (4) lots, parcels, interests or dwelling units will be created from any parcel, as that parcel was described in the records of the Garfieid County Clerk and Recorder's Office on January l, 1973. In order to qualify for exemptioq the parcel as it existed on January 1,1973, must have been 35 acres or greater in size at that time and not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-of-way (State or Federal highway, County road or railroad), prwarting joini use of the proposed tracts, and the division occurs along the public right-of- *.y, ,u.li parcels thereby created may, at the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation othenvise applicable. For the purposes of definition, all tracts of land 3 5 acres or greater in size, created after January l, 1973 will count as parcels of land created by exemption since JanuarY l, 1973. q o B. AII Garfield County zoning requirements will be met; and All lots created will have legal access to a public right-of-way and any necessary access easements have been obtained or are in the process of being obtained; and Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantrty and dependability, and a suitable type of sewage disposal to serve each proposed lot. Proof of a legal supply shall be an approved substitute water supply plan contract; augmentation plan; an approved well permit; Iegally adjudicated domestic water source or a contract for a pennanent legal supply of domestic water to be hauled from an outside site for a cistern. Proof of the physical supply from a well for the public meeting, may be documentation from the Division of Water Resources that demonstrates that there are wells with 1/4 mile of the site producing at least five (5) gallons/minute. Prior to the signing of a plat, all physical water supplies using a well shall demonstrate the following: o C D i) 2) That a four (a) hour pump test be performed on the well to be used; A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; If the well is to be shared, a legal, well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs. The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. 3) 4) s) 6) 7) E F G H. For water supplies based on the use of cistern, the tank shall be a minimum of 1000 gallons. Method of sewage disposal, and a letter of approval of the fire protection plan from the appropriate fire distria; and All state and local environmental health and safety requirements have been met or are in the process of being met; and Provision has been made for any required road or storrn drainage improvements, and Fire protection has been approved by the appropriate fire district; and -Qn I o o I Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and School fees, tares and special assessments have been paid. (The school impact fee is $200.00 for each lot created) PROCEDURES A request for exemption shall be submitted to the Board on forms provided by the Carneta County Planning Department. Two (2) copies of the application, maps and supplemental information shall be submitted. The Planning Department shall review the exemption request for completeness within eight (8) days of zubmittal. If incomplete, the application shall be withdrawn from consideration and the applicant notified of the additional information needed. If the application is complete, the applicant shall be notified in writing of the time and place of the Board of County Commissioners meeting at which the request shall be considered. In either case, notification shall occur within fifteen (15) days of submittal. Notice of the public meeting shall be mailed by certified mail, return receipt requested, to owners of record of land immediately adjoining and within 200 feet of the proposed exernptiorq to mineral owners and lessees of mineral owners of record of the land proposed for eiemption, and to tenants of any structure proposed for conversion. The exemption site shall be posted clearly and conspicuously visible from a public right-of-way with notice signs provided by the Planning Department. All notices shall be mailed at least fifteen (15) and not more than i|1i1gy t:Ol days prior to the meeting. The applicant shall be responsible for mailing the notices and shall present proof of mailing at the meeting. At or within fifteen (15) days of the rneeting, the Board shall approve, conditionally approve or deny the exemption request. The reasons for denial or any conditions of appro"at shall be set forth in the minutes of the meeting or in a written resolution. An .ppti.*t denied exemption shall follow the subdivision procedures in these regulations. A. B C. D -qB, , .-t at 2t1 R4 (em) ,zb2y, Pnl*,idt ld S@ .g l.E NCEIE' L EOISIN m xu, io,v ty'"tn 5c.n*l o t-D{4 EXEMPTIOI,{ :92W LORADO ) EXAPaOI CelED.lE cluRlllll n€ rc srf cuNa SE"OT JJ ns ngzt ,/ wo ANo sElL OF lH€ CdJNfr 6 CaRnO-D: /rfst COINTY CLTRK wE L&t COUNTY SURItIORS CtRnACaE ME ESMfr OR CONTENT lrtt) fORu ON-l AtlO rOf tut ICCIJMC| E ANO DP/FlrfiG PUrcUM rO CR.S. Xr-sr-rot .L a sun rti Ja+ optuefD tly REsotutpN * rH€ ruio tr @uHTr @,,/6si,|g5cwrrt atoatrc Das - DAf 6 - v Fn-tt rtfH Dl€ cltRr bD Rtffioal 6 *enat @uild, tvAt N tp rAY ttPuES DAr fH€ NfORtAIpAI $Attil t€ReN 6 , ictntfE 1uf aoEs Noc.lt ftal lH6, Pur 6 aEvPf frcu NI E) REcUAmtG UNOER CefEO @UN|Y g)Buv6pfl ' /f ,HE rlu€ 6 nS nLr6. ?.. n :i' . t gort S4<7P /o.71 e...5 tvt/E€r/'flt/1 terT L or3 anng.t @wt suRv*a D^78 g,Rt€toks SfxutE vf NI, t t€ 9BO^,6,oN 6 lAira. lv ,/I€SS VEREO€ t tAv€ SEI Ln ruD )UA .'a( ,16-- AA '99r. REC6|€RO t*9 SURvftU cTIRr so RECa,RO6Pi.s CER|YTC^E 1T ' ft J.c : ,,:i ii{i , .;t '_'.jJ '.i i )''|a t^l .;a{..'.i ,.:A, ,:J'iI ' ,,a.) .' jrr ,;rl.ir.i -:l I- FILED IOR RECORO ClNNTLD COUNTY Af lH€ A.&r ,rJO_.,t- oN rr{ urB A)Lr Rtffioo N tN frl€ otTEE trocl&x tgl,z. PtOto. -. CLERX AI1O RE@RDIN Rf:trPUr )HEC K aX.gt . ou@WE,!*, ffi9rce coafi|Y rc^o 2Jt LOIS :atfn TA9A RIN T oo CHRENE SUEDMSION mEMPNON- eenntu couNTY COLORADO srrlct vlP CHRMTEDIICPffil. 96n7tAtE: t2/2J/oo W Ptofos*ttol Lond,Surww LS 'ep,177J 211 N. Sift blomdo(em) E76-2e17 LOr 2 ti r,l ,,| A0-7 / ,r. ,'r, 1/trassMD 0! ). *"! ) 1t0 COUNTY ROAD 2J3 7, SCALE SECIION J3 r55, R92ry oF \HE 6lH P.ll. COUNW OF AFRELD STATE OF COLOfu DO I 111CH - 5O0 Itr U ,t"\ A t)(t \)-\I,t'l(l '{ ,lr '1 I I I I I I L -I L ,oo" """""'' andNTr x1Pl'-ffiO' \\ -n'---- nJ' L- ---___t- Form No. GWS.25 OFFICE OF THE $GENGINEER COLOHADO DMTSION OF WATER RESOUHCES 9-1-S^91rl"ll!"1 Bldg., 1313 Sherman Sr, Denver, Colorado 8o203(3c3) 8663s81 t APPLICANT THEODORE W CHHISTIE 3917 CR 233 RIFLE CO 816s0- (970)62s-10S1 PERMITTO USE AN E(ISTING WELL Lrc WEII PERMTT NUMBER Dlv. 5 CNTY. 23 WD 39 DES. BASIN MD Lot: Block: Filing: Subdiv: APPROVED N GARFIELD COUNry sE 114 SW .t/4 Twp 5 S HANGE Section 3g 92 W 6rh P.M DISTANCES FROM SECTION LINES 809 Ft. from South Section Line 1356 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDMONS OF APPROVAL 1) This wellshall be used in such 9-*ay as to cause no material iniury to existing water rights. The issuance of thepermit does not assure the applicant tnat no injury will occur to another vested water right or preclude anotherowner of a vested water right from seeking relief in a civil court action. 2) The construction of this well snatt oe in compliance with the water Well construction Rules 2 ccF 402-2,unlessapproval of a variance has been granted by the state Board of Examiners of water well construction and pumplnstallation Contractors in accordince with Rule 18. 3) Approved pursuant to cFls 37-92-602(3)(b)(tD(A) as the onty weil on a tract of tand of 35 acres described as rhatportion of the sw '1: of sec. 33, Twp. s s6utir, ilng. s2 west of the 6th p.M., Garfield county, more particulartydescribed on the auached exhibit .A,. 4) Approved for the change of legal description of permit no. 159129 (canceled), and for the use of the existing wellconstructed under that permit. The issuance of this permit hereby cancels feimit no. 15g12g.5) The use of ground water from this well is limited to ordinary househord purposes inside up to 3 single familydwellings, fire protection, the waterinq of poultry, domestic animars, and iivestock on a farm or ranch, and theirrigation of not more than one (1) acie of 'homagardens and rawns. 6) The maximum pumping rate shall not exceed 1s GpM. 7) The return flow from the use of the welt must be through an individual waste water disposal system of thenon-evaporative type where the water is returned to the slm" stream system in which the well is tocateo.8) This well shall be located not more than 200 feet from the location specified on this permit.9) This permit has been-approved for a pymping rate of 15 gallons per minute (apptication requests 30 gpm). youare hereby notified, that you have tne lignt io appeat th" i"ir"n"e of this permit, by fiting a written request with thisoffice within sixty (60) days of tne o"tE of issuance, pursuant to the state Administrative procedures Act. (seeSection 244-104 through 106, C.R.S.). ;t D ,-u'17 OWhl[,q'$ CCt,v 4._,., I *>//t I J .' ./uLL By EXptFAloN ea1g,:iilt .l I iy!;" State Engin@r DArE lssggp APR I 4 1997 I/b A !.1. Receipt No. 041 19s1 APPROVED JD2 o -l oa . WATER wEr'r' SHARTNG AIID UA]NTENANCE DEcr,aRATroN THIS DECLARATIOi.I is entered into on the date set forth be1ow,to be effective on February 18, L997, to be binding on Theodore w.Christie and Katherine S. Chrj-stie, whose address is 3gL7 CountyRoad 233, Rifl-e, colorado, gl-650, and. their respective successorsin interest in the ownershj-p of a portion of the f ollowj-ngdescribed property situate in the County of Garfield and State ofcolorado consisting of approximately 37 acres to wi-t: In Toramship 5 South, Range 92 West of the 6th p.M.: section 33: wLsElswtr, NElsElswA, ELsElsElswl. WHEREAS, each of the partj-es and therr successors in interestare to be the owners of the well represented by Well pennit No.1'59L29, which is rocated at a point approximatery 809 feet from thesouth section line and 1356 feet from the west sLcti-on line in thesElswl of section 33, Township 5 south, Range 92 west of the 6thP.M., Garfield county, colorad.o, and shalr be the owners of thewater well and casing presently constructed and the water to bediverted by said well system for providing domestic water for therespective parties of the properties,. and WHEREAS, the werl casing, pump and distribution system is tobe utilized by the owrrers as a rawiul- water right; and WHEREAS, the water well has been installed and is functioning,but extension of the domestic water service to a new proposed 1oiin the northeast corner of said property describea- anbve willrequire that a pipeline be installed. ihe cost of the installationof the new pipeline wil-I be borne sorely by the owner of the newproposed Iot. upon such installation, the water supply system willrequire continuing maintenance and operatj-on,-- the cost ofassociated with the new pipeline wi]l be borne so1ely by thq ownerof the. ney proposed Iot. Continuing maintenance and operation ofthe existing well and distribution system wil-I be borne 858 by theexi-sting owner(s) and 15? by the ownLr of the new proposed. rot. WHEREAS, the well contemplates the perpetual, although notconstant, use and operation of the well, pump and. the appurtenantstructures; and WHEREAS, ds the present owners, Theodore w. christie andKatherine S. christie desire to make this Declarati.on for thepurpose of clarifying the respective rights and duties andestablishing easements and. procedures for iti-ntfy operating saidwater well and delivering water to the properties of the presentowners and the owner of the new proposed lot, and for providing amethod for equitably dividing the water derived. from operation ofthe system, and for equitably allocating the shared payment ofcosts of operation and maj-ntenance of the water well and 1ts pumpand other structures by all of the parties pase i -ll o o NoW.THEREFORE, in consideration of the mutual obligations,promises and covenants set forth herein, and the due periormancehereof, and for other good and valuable consj-deration, the receiptand sufficiency of which is expressly acknowledged, including butnot limited to the acceptance of the benefits and detrimentsderiving here from, the above-named parties dedicate and agree asfollows: SECTION 1. The owner of the new developed J-ot of approxj-mately 5 acres createdas a result of the Christie Subdivision Exemption for the above-described property shaII be an otrner of only 350 qrallons of waterper day for domestic in-house use only of the subject well permit,weII, pump, power source for the pump, fittings at the well head,meter (whether one exists at this time or will be installed at afuture time ) , pump house, valves,' and any other pipe or pipel j-nes and other structures that are jointly used. The owner of the newdeveloped Iot is to within one year of the date of thisDeclaration, develop Griffin Spring/We11 No. 3 and provide analternate source of water for said new deveJ.oped J-ot in the amountof at least 350 gallons of water per day for domestic in-house use.Only in the event that said Griffin Spring/We11 No. 3 is proven tobe quantitatively inadequate or is determined to be inappropriateby Garfield County regulations can the owner of the new proposedIot continue to use the 350 gallons of water per day from the wellpermitted as No. 1-591-29, which is the subject well of thisDeclaration for more than one year from the date of thisDeclaration. SECTION 2. The continuing costs of electricity, maintenance, upgrading,cleaning, repairing and all other work required on shared components of this water system to cause the water at the well to become and remain available to deliver water to the present owrrers and the olrner of the new developed J-ot shall be shared by said owners i-n the ratio of 85eo by the present owners and L5Z by the owner of the new developed Iot. SECTION 3. The present owners and the owner of the new developed lot sha11 be deemed to grant by this Dedication such permanent, non exclusive easements across their respective lots as may be necessary for this Dedi-catj-on to be performed for the benefit of all the parties as users of the shared weI1, ptrmp and common pipeline, in locations tobe determined upon conveyance of the new deveJ-oped J.ot byDeclarants. The easement described above sha1l aIlow for a twentyfoot square well access, repair and maintenance easement around the well- and a ten foot wide water line repair and maintenance easement. Page 2 tJ- o rn the event that the Griffin- well/spring No. 3 successfullyprovides at least 35o grallons of water per aay and satj-sfies afiGarfield county regulationsr said new easements and thisDeclaration will become unnecessary and shal1 be terminated. In theevent that the owner of the new developed J.ot requires a specific,surveyed location of the structures which have been construtted, inorder to limit the generali-ty of this section, the cost ofobtainj-ng the survey and preparing the modified easement languageshalL be 'borne by the owner of the new deveroped Iot. - tfreDeclarants sha11 sign the necessary conveyaneing d6cuments. SECTION 4. This Dedication sha1l be bind.ingr upon and inure to tne benefit ofTheodore W. Christie and Katherine S. Christie, and. their assigneesor successors, and the easements and covenants granted or agreed toherein shal-1 be deemed to run with the 1and. and shall encumber theland of each party for the benefit of the properties of the partiesas described herein. SECTION 5. The laws of the State of Colorado shall govern the validity, effectand construction of this Dedication. SECTION 6. This Dedication may not be modifi-ed in any manner as it pertains tothe new developed lot except by an instruhent in writin-g signed bythe then exJ-stj-ng new lot or^,rrer and the present lot owners of theChristie Subdivision Exemption. rN WITNES$. on the /? q WHEREOF, the parties have signed this Declarationday of February, 1-997. aZ**/r&4 Theodore W. Christie Katherine S. Christie a o -ls- 1--o o wilhln rnrde ttb Gaorgia Chamberlarl'Public Tru?.es Gf,rffeld CourfiY,Cdorado 478825 8-942 P-536 06/01195 10:43A FG I OF 6 I'TILDRTD AI-SDoRF GARFIELD CCTNTY CI.ERK AND RECORDER WHEN RECORDED MAIL TO: MSN SV.79 / OOCUUENT CONTROL OEPT P O. 80X t0256 VAN NUYS, CALIFOFNIA 9I1IO.O?55 loAN r: 4221965 EScRow/CLoSlNa r: 950101 2- REV I 5E0 53L m l0T sPACE ABOVE FOR FECOH0EFS USE _ 00 REC 30. Par{al rde@ ot tE APR 2 B*df Tn:f. P,.p:,.d 6r: U. YOUNG Lo'f 2- 4.ot* A 1.- ta\: N\ DEED OF TRUST TIIS DEED OFTRUST ('Sauity lnsrument") is made on Hay 3I , 1995 THEODORE I{. CHRISTIE ANO KATHERINE S. CHRISIIE among l}le granlor ('Bonower"). r}c Public Trust c of GARF I E L0 Counry (-Trustcc'), and t}te bcneficury, AHERICA'S }IHOLESALE LENDER which is organizcd and cxiscing under fie laws of NEI{ Y0RK , ard whose rddress is 155 NORTH LAKE A\/EHUE, PASAOENA. CA 91i09 ('Lrnder"). Borrower o*'es Lcnder tlre pnncipal sum of 0tlE HUI{0RE0 HIIIETY FIVE IH0USAND and 00/100 Dollars (U.S.5 195.000.00 ). This debt is evidenccd by Borro*'cr's nolc dated tre same daa as fiis Securirv Instrumcnt (-Npa'), which provides for monbly paymen6, with dre full debL if not paid e-a:rlis, due and pavable on June I , 2025 . This Sccurity lnsu-umcn( sccures !o Lcndec (a) thc repaymst of fie debt evidenced by rle Notc, wiri interest- and all rencwais, excnsions and modificadons of t}e Notei (b) dre payment of all otrer sums, sr0l inrcrest. advanced under paragtaph 7 to protect the security of riis Secuity Insrumenq and (c) thc prcrfommce oI Bono*er's covenanG and agrecments und:r *ris Security Instrument and the Note. For fiis purpose. Borro*'er, in considcradon of fre debt md 6e trust hcrein creatcd, inevocably granls md conveys to Trustec, in 915L widr power o[ sale, thc lollo*'ing described propeny located in 6ARF I ELg County, Colondo: TOl'IHSHIP 5 5OUTH, RANGE 92 I{ESI OF THE 5TH P.H. SECTION 33: I{I/2SE1/45'd1/4, NE1/4S81/4SII1/4. E1/2SE1/4SE1/4SH1/4, COUNTY OF GARFIELD. STAIE OF COLORAOO whichhasthcaddressof 3917 233 ROAD ,RIFtE Colorado. 81650 (-Propcny Addrcss'): lZiP Codcl COLOEAOO - Singla Family . F!nnl. M../Fr!ddlo Mrc UNIFORM IHSTRUUEtIT @ -oB1c01 qr.o:r.ot cFc (07/91) vuP UoRTG^GE Foaus ' l!00lt2r'rzsr ilffi ffi ffi ffi Iilflilffililil ilnffi ffi ffi ilflilf, ilffi tilf, llilffi lllffi; oo+22 I 965ooooo(soAo' lSwcq Ciryl. Prg. r ol t Form 1006 I/9'l Am.nd.d 5/91 taaas: M-a-7 1ililflilffiffiil[n fl[n b 2399 q oo 478825 8-942 P-537 06/01/95 l0:43A PG 2 OF 6 LOAN #: 4221965 TOCETHER WITII dl tre improvcmens now or hcreaftcr crectcd on Uc propcrry. and all c.ascmcn6. appurtcnanccs. and fixtues now or hcrcaftcr a pifl of dtc propcny. All replaccmcnE md cdrlitions shall also be covcrcd by rlris Sccurity lnsurmenL All oi tle foregoing is refcncd to in rhis Sccunry Inswmcnt as thc -hoperrv.' BORRO\YER COVENANTS that Borrowcr is lawfully sciscd of Lhe cstatc hcrcby conveycd and has thc righr ro gran( and convey he hoperty and 6at fie Propcny is unencumbcrcd, crccpt for cncumbranccs o[ record. Bonowcr wa:rUrs and will defend gcncrally rie trrJc to fic Propeny aSains( dl claims md dcmands. sublcct ro any cncumbmccs of rccord. THIS SECURITY INSTRUI\IENT combines uniform covenanLs for nadonal use and non.uniform covcnanls wi*r limiad vriadons by junsdicdon to consd(utc a uniform sccurity insrumcn( covcring rcsl propeny. LfNIFORIvI COVENANTS. Borrower and Lrnder covenm( and agrcc u follows: 1. Payment of Principal and Inter?sl; Prcpaymcnt and Late Charges. Borower shall promprly pay when duc dre principal of and inerest on Ue dcbt evidcnccd by the Notc and anv prepaymcn( and lae charges due undcr Ge No1g. 2. Funds for Taxes and lnsuranct. Sub.lcct to appliceblc hw or to a writtcn waivcr by Lcnder, Borrowcr shall pay o knder on fic day monthly palmcn$ are duc under $e Note, until tlre Note is paid in full. a sum ("Funds") foc (a) yearly trxes and asscssmcns which may atlaln priority gvcr dtis Secunty Insu-ument as a licn on rhe Propeny; (b) yearly leaschold payments or ground renls on $e hopeny, if any: (c) yeerly hazlrd or propcny insrrance premiums; (d) yearly flood insuruce prcmiums. i{ any-i (e) yerly mortgage insunnce premiums, if any: and (Q ony sums payablc by Borrower to Lcndcr. in accordance wifi rhe provisions of paragraph 8, in lieu of $e paymenr of mongrge insurance prcmiu;ns. Thcsc itcms are called "Escrow ltems." Lender may, at any ttme. colle(t ard hold Funds in an amount noI to cxcccd fre maiimum arrounr a lender for a fcdcratly rclatcd mongagc loan may require for Bonower's escrow accounl under 6e fedcrd Real Esute Seulement hoccdures Act of 1974 as a.mended from timc to tjm€, l2 U.S.C. Secdon 7601 cr scq. ('RESPi\'). unless anolhcr law *rar applies o the Funds scts a lesscr amounl lf so, Lcnder may, at any dme, ccllci and hold Funds in 3n sount not to excccd th: lcss:r 3mounl Lender may est.imatc fie anount of Funds due on the basis of cmcnt dat3 and rc-asonablc estimates of expenditures of fururc Escrow Iems or odreruisc in accordrnce witlr applicablc law. The Funds shail be held in an instituuon whosc deposis arc insued by a fcdcral agency. insrumenality, or ennry (including Lrnder, if tcnder is such an institution) or in any Federrl Home Loan Bank. Lcndcr shall apply frc Funds to pay rhe Escrow Items. Lcndar may not chargc Bonower for holding and rpplying hc Funds, annuaJly ana.lyzing he escrow accounl or verifying the Escrow Items, unless lznder pays Borrower interest on fie Funds and rpplicable law permis Lcndcr to ma]e such a charqe. However, l,tnder may rcquire Borrower lo pay a one-timc charse for an independcnt red esutc n reponing seruice uxd by Lcnder in connecdon widr tlis loan, unless applicable law provides oGcnvise. Uniess an agreemenI is made or applicrble law requires interast to b€ paid, knder shall not be rcquired to pay Bonower rny intercsr or eamings on fic Funds. Borros'er and l.ender may aEec in w'nting, howcv?r, tiat intercst shail bc paid cn t]re Funds. Lcnder shall give to Borrower, witrout charge. an arnual accounting of tre Funds, showing credis and debis to the Funds and the purpose for which cach dcbit. to the Funds was made. The Funds are pledecd as idditjof,al sccunty for ail sums sccured by rhis Security Insu-umenL If the Funds held by Lender exceed tle amouns permitted to be held by applicable law, Lcnder shall account to Borrower for $e excess Funds in accordarcc *ith the rcquiremenu o( afplicable Iaw. I[ ilre amount of dre Funds hcld by Lcnder ar any ume is not suflicient o pay *re Essow ltems when due, Lcnder may so noti[v Bono*'cr in wridnq, and, in such case Bonou'er shal.l pay to knder Lhc moqnt necssy to ma*c up t}tc dcficicncy. Boaos o shf,ll malc up $e dcllcicncy in no morc Uru n*'clve montily paymens. at Lender's solc discredon. Upon pa1'ment in full of a.ll sums secured by t}is Sccurity InstrumenL Ltndcr sha.ll prompdy refund to Borrower any Funds held by Lender. If, under paragraph 21, knder shall Nquire or scll the Propcny, Lcndcr, prior to rie acquLsirion or sa.le of tlre Property, shal apply any Funds hefd by Lcndcr at tie dmc of acquisition or sale as a credit agahst dre sums sccued by riG Secuity Insu'umcnu 3. Application of Payments. Unless applicable law provides ofierwise. ajl paymens received by Lcnder under paragmphs I and 2 shall be applied: [-usL to any prepayment chuges due under 6e Note: second. to amoun6 payable under paragraph 2: .. frird, o interest due: founi. o principal due: and last, to any lac charses due under the Notc. {. Charges; Liens. Borrouer shall pay all bres, assessmcns, charges. fines ard imposidons atribuhble to fie Ftop€fi which may atuin priority over 6s Sccuriry InsrumenL and leeschold paymens or ground rents, if any. Borrower shall pay 0rcsc obligadons in tlc manner provided in paragraph 2, or iJ not paid in fiat marner, Bonower shall pay thcm on dme direcdy o rhc pecon owed paymenL Boro*er shall promptJy fumish o Lcnder a.ll notices o[ alnouns to be paid under $ris paragraph. If Borrower makes tlesc pa,vments directJy, Borrowcr shall prompdy fumish o Lendcr reccips evidencing tie paymcn6. Borrower shall prompdv discharge any lien which has prioriry over this Securiry Instrumcnt unless Borrower: (a) agrees in wridng to the paymenr of ue obligauon sccued by fre lim in a mantr rccepubic ro Lxndcc (b) con'css in good fa.idr uh: licn by, or defends against enforcement of dre lien in. legal procecdings which in 6e Lcnder's opinion opcrac to preven( de enforcement of tle lien: or (c) sccures from the holder o[ the lien an agrccment sadsfacrcry to LendeJ subordinaung the lien to Gis Security lnsu-umenc lf Lcnder detemines that any part of the hopcny is subj€t to a licn which may attair prioriry over t]ris Secunry lnsu-umenL Lrnder may give Borrows a noticc rdenufying tle Iien. Borrower shaJl saGfy tltc licn or takc onc or morc of he actions sct foflJl above wifiin l0 days of tie giving o[ notice. Form 3006 ,/9r @ -6R(CO) rg.o:r.or CFC (07/9.)PrC.2 ol 6 l^dr.,r: , ryg&-/ PL- b -t5 Oo 478825 8-942 P-538 06/01/95 l0:43A pG 3 OF 6 LOAil #: 4221963 5. Ilazard or Propcrt) lnsuranct. Bonower shal.l kccp tie improvcmenc now cxisung or hcrcaftcr crectcd on rie Propen-v insurcd agxinst loss by I-re. hazards includcd witrin frc tcm ''errcndcd coverage- and rrty oficr hazards, including floor1s or flooding, for *hich Lendcr requires insmcc. This insurocc shall be mlntucd in thc mouns md for trc periods t]rat Lcnder requires. The insunnce crnicr providing thc insurance shall bc chosen by Bonower subjcct ro Lcnder's approval which sha.ll not be unrec-sonablv wit-i:held. I[ Bormc'cr farls to marnnin coverf,[s dxcnb--d abovc, Lcnder may, a( Lcndcr's opuon, obtain cover3ge to prorect Lender's righLs in drc Propcny in accordance wil}l panenph 7. All insurrnce policies rnd renewcls shall bc accepuble to Lender and sha.ll include a sland.:rd mongage clause. Lender shall have t}e right to hold dre policics and renervals. If Lcnder rcqures, Borrouer sha.ll prompdy giye to &ndcr all receips of pairl premiums and reneta! nouccs. ln dtc event of loss. Borrower shail give prompt nouce to fie insunnce camer and Lcnder. Lenrler may male proof of loss if not made pmmpdy by Bonowcr. Unless Lcnder rnd Borower oOreruisc agree in *rdn[, insunnce prcreeds shall bc applied to resoradon or rcpair of Oe Properry damaged. if the restorruon or rcpai.r is economically fe.asible md Lcnder's sccurity is not lesscned. [f ric restoration or repab is no( e.onomicf,lly fc-csible or Lrnder's secunty would be lesscned, &e irsurance proceeds shal be applied ro he sums secured by t}lis Sccuriry lnstrumenl. whethcr or not fien duc. wih any ercess paid !c Borrower. If Borrower abandons fic Propefly, or doeJ not answer widin J0 days a notice from Lrnder drct dre insurance cerrier has offered to setdc a claim. hcn Lender may collcct the insurance procc€ds. Lcnder may use de proceeds lo rcpair or resrorc the Properry or to pay sums securcd by tlis Sccurity lnso-umcnL whe$er or not 6cn due. The l0-drv period will *kgrn u,\en rhe notice is grven. Unless Lcnder ard Borroq'er oderuisc agrer in *rting, any applicatron of procccds o principal shall not extcnd or poseone he due date of fie monthly piyments referred to ir pmgraphs I and 2 or change tre amoun( o[ $e payments. lf under pcragaph 2l tie hopeny is acquired by Lender. Borrower's nght to anv insurr.ncc poticies and procc.ds resulung from dlrnage to rhe ftoperry prior to 6c acquisidon shall pass !o'Lrnds to 0re ciient of thc sums secuerJ by tris Sccuiry Insu-umcnt immediatcly prior to l}le acqulsioon. 6, Occupancy. Prtscrvation, Ilaintenance ,nd Protection of the Properry; Borrorver's Loan Application; Leaseholds. Bonower shall occupy, esublish. and usc hc hoperry as Borower's pnncrpal residence within suty d.ays after he cxecution of t}is Securiry lnstrument and shall condnue trc occupy thc ftcpeny as Bonoser's principal residence for at l*st one ye.cr alter trc dare of occupancy, unless Lender odrerwisc agrees in wntrns. q'hich ccnscnt sha.ll no( be uffeasonably witiheld, or unless exrcnuating circumstarces crist chich are bcyond Bonower's conrol- Bono*er shall not dasroy, damage or impat de hopcny, a.llow the Propcrry o detriorrr, or commit wase on the hoperry. Bonower shall bc in default rf any forfeiture action or procelding, whcder civil ot cnminal, is bcgun dat in Lender's good ixid judgment could result in forfeiture of hc Properry or otheryise materially impair $c licn creatcd by this Securiry Instrument or Lcnder's securiry inrcresL Borrower may cure such a default and reirsnte, as provided in pamgaph 18, by causing the action or proceriing to bc dismissti wrrlr a rulirg trar- n Lender's good tajth deteminadon, precludes forfeiture of fie Borro*'er's inrcrest in t}le Propcny or other maerial imparment of ilre lien cre-acd by this Securiry Insu'ument or Lender's security interest Borrower shall al5o be in default if Borrower. dunng tre loan applicetron prccess. gJve matcnally falsc or inaccuratc infomadon or sut(ements to kndcr (or ferled to provide Lendcr widr any marerial informadon) in connection widr the lom evidenced by the Note. including, but not limitcd to, rcpresenutions conceming Bonos'er's crcupilcy of $e hopeny as a pnncipal residencc. if tlris Securiry Insu-ument is on a leasehold, Bonower shall comply wi& all the provisions of the lerse. If Bonower acquires fe uLle to the Properry,t}t: leasehold and t}te fec utlc shaU not merge unlcss lrnder aqrees to hc mcrger in widng. 7. Protection of Lender's Riehts in the PropertI. lf Bonower fails o perform dle covenants and agreemenB conlained d rhis Securiry Insu-umenr- or dere is a legal procccding that may siqnificandy affect Lrnder's righs in Ore Propeny (such as a proceeding in bankruptcv. prot'are. for condemnadon or forfeinfe or to enforce laws or regulations), then Lenda may do and pay for wha(evcr G neccssary to prctcct 6e valuc of fie Propcny and Lcnder's righs in tlrc Properq'. Lender's aclions may include paying any sums serured by a lien which has prioriry over fi's Secuiry InstrumenL appearing in courl paying re-asonable a(lorneys' fccs and entering on de Propery to male rcpairs. Alt}ough Lcnder may talc xtion under fris paragnph 7, Lcnder does not h3ve trc do so. Any amounts disbuncd by Lcndcr undcr fris paragnph 7 shall become addrrional dcbt of Borrowcr sccured by t}is Sccurity Inso-umenl Unless Borrower and Lender agrec to otJlcr tems of paymenq fresc amounc shall bcar in@rcst lrom frc darc o[ disbusement at dre Note ratc and shd.l be pay'able, witi intrest upon notjcc from Lender to Borrower requesring paymenL 6, I\lortg;rgc Insurance. If l-cnder required mongage insurance as a condirion of maklng $re loan secured by his Securiry lnstrumenl Borrower shill pav tlte premiums required o mrrnr-h rie mongage insurancc in cffect- If, for any ruson, t-he monqage insurarce coveragc required by Lrnder lapscs or ceascs !o b.e in effcc! Borrows shall pay $c premiums required o obtah coverage sut'surcialiy equivaient to i.l:c monslge Lrsurce prcr icuily in effal at a ccsi srbscndally ecuivalcnt o $c cosl ro Borowcr of the mortg:ge instrra.nce prcviously in effc.L from an altcmatc mo(cage insmr approved by Lender. If subsuntia.Uy equivdent mongJge insursncc covemgc is not available. Borrower shall pay to LJndcr eech monlh a sum equa.l to one-twelfth of thc yoly mon(Jqe inslme premium being paid by Borcwer whcn t}lc inswce covcmge lapsed or ce.ascd lo bc in effect- L,cnder wiU accepl, usc alld rclsm uresc paymens as a loss rescrve in licu 0f mongagc iruurancc. Loss reserve Form 3006 1/9 t @ -681co1 rr.ol.ot cFc (07/9.)P!9. I or t ln{l.rt: / -v -..>-<-/* bF.-/(, - (--- oo 478825 8-942 P-539 06/01/95 10:43A PC 4 0F 6 LOAN #: 42?.1965 paymenls may no longer be required. at the option of Lcndcr, if rnongrgc insurancc coveragc (in rhc amount and for the periort that Lendcr rcquircs) providcd by an insurcr approved by Lcndcr agarn bccomes avaiiable and is ob(ained. Bonower shall pay rlre prcmiums rcquircd o mainain mongaee insumcc in cffL'ct- or to providc a loss rcsene, until the requircmcnt for mongrgc insuralce ends in cccordance wifi any writtcn agrecmcnt bctwccn Bonowcr and Lcndcr or applicable law. 9. Inspeclion. Lendcr or is cgcnt may makc re.rsonable cno-ics upon and insprcctions of rhe propcny. Lcndcr shall give Borrower noucc f,l $e time of or prior to an inspection spccifying reasonablc crusc for r}e inspecdon. l0' Condemnation. The procccds of ily awud or claim for dmages. dircct or conscqucntial, in connettjon wih any condcmnaljon or otier nking of uty pan of l}le Propcfly., or for convcyancc in lieu oi condemnadon, are hcrcby assigned urd shall bc paid to Lrnder. ln he event of a onl uling of 6c Propeny, $e procceds shalJ bc applicd ro rle sums secued by rlris Securiry Instrument- whetier or not $en due, with any excess paid o Bono*'er- In drc event of a pxnial nking of rhe ftopeny in which rie far market valuc of the hop'eny immedtaaly beforc thc Laking is cqual to or gre.rcr rian he amounr of rhe sums sccured by riis Secwiry lnstrument immediately bcfore the taking, unlxs Borrowcr and Lender o$erwisc agree in wridng. he zums sccured by his Security Instrumcnt shall bc rcduced by lie amount of r}e procccds multiplied by fre following frruon: (a) fic total amounr ol $e sums secured immaliarcly bcforc the uling, dividcd by (b) ric fair marke! value of rie Propcny immediarly before dre teling. Any balance shdl bc paid o Borrower. In $e cvcnt of a panial nting of the Propcny in which r}c fair markcr valuc of rhe Propeny immcdiately bcfore r}e uking is lcss than tjre amounr of thc sums secured immediatcly bcforc lie taking, unless Bonower and Lcnder odrerrise cgree in writing or unless applioble law orJrcrurseirovides, the procecds shall be applied to rle sums secured by tlis Securiry Instrument whc*rer or not dc sums ue dtcn duc. tf 6e hopeny is abandoned by Borrower, or i[, after nouce by Lendcr ro Borrorver dat t]e condcmnor offers b male an awatd or sctde a claim for damages, Bonower fails to respond to L.ndcr wrriin J0 days alrer fie darc rhe notice is givcn. Lrnder is audrorized to collect and applv dre proceeds, at is opdon. eidrcr to reslorauon or repeir oi 0rc Properry or to *re sums se!ured by this Security lnsrumcnq whedrcr or not then due. Unless L:nder md Bomwer other*ise agree in wridng, any rpplicauon of procceds to pnncipal shall not utcnd or posrpone tie due date of *re montlly pa)-mcnB referred to in paraqraphs I and 2 or changc thc arnount of such paymcnu. ll. Bonower Nol Releestd; Forbearancr By Lcnder Not a \Vaiver. Ertcnsibn of he timc for paymcnt or modification of amonizadon oI drc sums securcd by t]is Security Instrumen( gnnrcd by kndcr ro ily successor in intcrest of Bonower sha]l not op€rilte lo Iele!-se the liability o[ 6c onginal Borrower or Borro*'er's successors in inEresL Lender shall not be requircd !o commence proceedings aeainst any successor in interest or rcfuse lo ertend time for payment or odrerwisc modiiy amoniz:tton of the sums sccured b1'ttis Securitv Insu::ment by rer-son of any dcmand mrde by 0re original Borrower or Bonower's successors in inlercsl. Any forbc.atancc by Lcndcr in exercising any right or remedy shall not bc a waivcr of or precludc tie ercrcise of any right or remedy. 12. Successors and Assigns Bound; Joint and Scveral Liability; Co-signers. The covenants and agrcemenu of rlris Securiry Insrument shall bind and benefit thc successon and assigns of Lrnder and Borrower, subjtxt o *re provisions o[ Para$mph 17. Bonos'er's covenants and agrecmens sha.ll bc icint and several. Any Borrower who co.signs tlris Secmty Insu-ument but dm not exrutc dre Notc: (a) is co-signing riis Sccuriry Insrumenl only o mongage, grant and convey *rar Borrower's inErest in &e Property under dlc terms of $is Saurity Instrumen( (b) is not persona]ly obligated to pay l}le sums sccued by this Security lnso-umenq and (c) agrces frat Lendcr and any othcr Borrower may agrec to ertcnd, modify. forbe-ar or make any accommododons widr regard to the tems o( this Secuity Instrumenr or tlre Note widrour that Bonower's consenLlf. Loan Charges. lf tlrc loan secured by tlris Srcuity Instrumenr is subj€t to a law which sels milimum loan charges, and *rat law is hnally interprecd so tlat the increst or oher loan charges collcctcd or to be col.lected in connecdon wir] Ore loan ercecd tie pemined limis, then: (a) ary such loan charge shall bc reduccd by rhe arnount nccessary ro reducc rle chugc lo r}e Permined limiq and (b) any sums a.lready colJected from Borrowcr which ercccded permiacd limis will bc rcfundcd ro Bonower. l.cnder may choose trc make 6is refund by rcducing Ore principal owed undcr *rc Notc or by making a dtect payment o Borrower. lf a rcfund rcduces principal. the rcduction will bc treard as a panial prepaymcnt widrout any prcpaymcnr charge under de Note. l.l. Noticcs. Any nodce to Borrowqr provided for in rlris Secunry lnsu-ument shall be given by delivering ir or by majling iI by frst class mail unless appticable law rcquires usc of arofier merhod. The notice shail bc dLected to 6e Property Address or any oticr adclress Borrowa dcsignaEs by notice to Lcndcr. Any notice tro Lendcr shall be given by [-rst class ma:l to Lrndcr's address slaed herein or any oder address Lender designaes by nouct to Borrower. Any notice provided for in rlris Secriry lnsrumcnt shall b€ d€med to have bctn given o Borrower or Lcnder when given as provrded in rlris paragraph- 15. Governing Lrrv; Sertrabilii;. ThLs S*'.nty Insrunc;:r shall be gove:::C by feCenJ law ard r-he law of rlrc juisdiction in thich dc Proprrty Lt locarcd. In thc evcnt Oat any provision or clause of riis Securiry lnsu-umcnt or $c Notc conflic6 wilh applicable law, such conflict sha.ll not affm other provisions of dis Securiry Insrument or r]re Notc which can be given cffccr widrout the conflicnng pmvision. To this end dre provisions of rhis Seuiry Inscrumcnr and Urc Noe arc declarcd o bc scverablc. Form 3006 l/9t @ -eR1co1 1r.o:t.ot cFc (07/94)tnri.r.:2111.#), '')v b--tf o o 478825 B-942 P-540 O6/Otl95 10:{3A pG 5 oF 6 @ -6F1CO1 1r.o:r.or CFC (07/9.)P.Cr 5 ol t L0AN #: 42?1965 16. Borrowcr's Copy. Borowcr shail b,e given onc confomcd copy of rie Note ud of this Sccuiry Insu-umenl . .17. Tran-sfer of_the-Pro.pcrly or.a Bencfici:l tnt?16t in Bororyer.' If all or any pan o[ the Propcny oi cny inrcrest in it lssold or ransfcrrcd (or if a bencticia.l interest in Bonower is sold or u'usfcmd and Borowcr is noi a riatgral'p.rson;-,"ithout Lcnder'S prio-r wntten consenL kndcr may, a( its option. rcquirc immcrlirtc paymcnt rn full of all sums sccured by ,i,i, So*,yInsrumenL Howcvcr, $is opdon shall not be ercrcised by Lcndcr iI crcrcrsc is prohibircd by fcdcrrl law as oI ri," O"a o]-111,sSecuriry lnstrumenl If Lender erctcises this opdon, Ltnder. shall give Borrower notjcc of accclcradon. The noucc shall provide a period of not lesst}ran J0 days-lrom 6e diE de noucc is dclivercd or matlcd wir}tin .rhich Borrower musr pay rll sums secured'by r]ris SecuriryInstrumenL lf Bonoq'er fails lo Pay-Lhesc sums prior to 0re crpirauon of riis period, Lendci iray invoke any r...di.s p"*u,"0 by 0ris Sccurity Insrument widrour further noticc or dcmand on Bonoq.cr. - IE. Borroscr's RiBht lo R.instale. II Bonowcr mcels cenain condjdons, Borrower shall have the nght to havecnforcc.ment of $is Secunry Insrument discontinued lt any dme prior U] Lhe earlicr of: (a) 5 d:ys (or such othcr oenod as lPPlicablc law may spccify for reinstatement) t'efore sale of Lhe Properry pursuant to 3ny poser oi silc iontainea 'n rlriJ!ccu"r,Insu-umenu or (b) en6-y of a judgmenl cnfgrc]ns this Security lnsrumenl Thosc conditrons are drat Bonowec (a) pays t-cnoiiJisums which tien would be duc undcr riis Sccurity Instrumcnt and Lhc Norc as if no accelerarion.had occmcd: (Uli** -ydcfault.of .any otltcr covenan6 or agrccmcns: (c) pays all cxpen.scs incuncd in cnforcng this Security InstrumenL ii,iluainc. brrnot limitcd o, reasonable attomeys' tees; and (d) ules such rtion as L,cndcr may reasonibly rcquire io assure hart}re tien diGrsSccunty lnsrumcnl- Lrndcr's nghc in_ dc hop€ny and Borrowcr's obligarion to pry'the sums securcd by r}is SccuniyInsrumcnt shall condnue unchanged.- Upon reinsutemcn( by Bono\\'cr. r}G Secunry lnsrument and rlre obliiations sccucrjhereby shall rcmain fully effecuve as if no rcelerauon had occuned. llowcver, 0ris nghr to rernsratr shall not appiy in 1rc casc ofl'accelemtion under Fa.ragriph 17. _ 19. Sale of Note; Change of Loan Servicer. The Note or a gan-ral inrerest in rie Norc (rogctrcr wirh Uris Secunw Insrument) [ay be sold one or more dmes without prior nouc: to Borower. A saje mav result in a change in rhe enury (kro*,n as de ''t a, Servicer") tiat collecs monthly payments due unrJcr tie Note and *rs Securiry Instrumenl Tf,cre atso may bc on. otmore changes of drc Loan Sefricer unrela(ed to a sale cf tre iiote. If tierc is 3 chanqc oi rie Loan Seryicer, Borower will tegiycn wntten nodcc of the chanse in cccordancc widr puarraph l4 above end applica6le law. The nodce will statc he name and address of tle new Loal Servictr.and *rc address o whrch pai'men6 should bi made. Thc notice will ajso conarn any oder information required by appiicable law. 20. llaardous Substancc. Borrower sha.ll not c3us4 or permit rlre pr$cnce. use, disposa.l, slorage, or rclessc of uv Hazardous SubsEnces on or in $e hopely. Bonower shall not do, nor allow anvone else to do, anyfiing fuiecung he Propenytiat is in violadon of ary Environmena.l Law. The precedirg two sen(ences shall not apply to *re prcsenci. use, orircrrge on fie Property of small quanudes of Hazardous Subsunces $at are generally recognued o be appropnate to normal residcn'r:al uses and to maintenance of tie Prop'erty Borrowel shall promptly gve Lender rrirtcn nodce of any invesusadon. claim. demard, lansuit or o$er action by anv governmenE.l or rcgulatory agency or pnvate parry involving *rc ftopeny rnd any H:z:rdous Subs6nce or Environmenni L:rvof which Bonower has actual knowledce. If Bonower lerrns. or is notrfici by 3nv gosernmenal or regulatory aufioriry. thar anv rcmoval or other remediation of any Hazardous Subsunce alfecung the Properry G necessary, Borrower shall prompr-ly mle a.il necessary remedial rtions in accordancc with Environmennl [:w. As used in dis paragraph 20, "Harardous Substances" are hose subsnnces defined as loric or hazgdous subsnnces bv Environmenurl Law and *re foUowing subsunces: gasoline. kerosene. ouher llammable or rcxic pcroleum produc6. loric pesucides and hcrbicides, volatile solven6, materia.ls conoininq:rsb.:sros cr forma.ldchrde. and ndioaadye matenels. As used inriis paragnph 20, 'Envrronmennl L:w' meens federel laws rnd la."s of $c junsdrcuon where the ftoperry is locaed thai relare lo hedh. saJery or environmenoJ protcction. NON-LJNIFORI\I COVA\ANTS. Borower and lrnder fun]er covenarr and agre. as follows: 21. Acceleration; Rcmedies. Lendcrshell givc notice to Borroser prior to acceleration follon.ing Borrower's breach of enI cov?nant or egreement in this Security Instrument (but not prior to accrleration under paragraph l7 unless applicable law provides oth?miJc). Th? notice shall specifr: (a) (h? d?fault; (b) thc action requircd to cure the default; (c) a dale. nol less than 30 days from the datr the notice is gilen to Borro*rr, by nhich thc default must be cured; and (d) thet fsiiurc lo cur. lhc dcfaull on or bcfort the date specilied in th? notice may rrsul( in acceleration of thc sums secured by this Security Instrumcnt ,nd srle of thc PropertI, The notice shall I'urther inform Borros.er of the right to reinstatc after acccleration and thc right to assert in thc foreclosure proceeding the non-eristeDc. ofa default or any otler defense of Rorron'er to acctl.ration and salc. If thc default is not cured on or before thc datc specified io the notic?, Lrndcr, at its oplion. may rcquirc immediatc palm?nt in lull of all sums secured by this Security Instrumcnt rithout furthrr demand and may invokc thc powcr of selc end sny olhrr remcdi€s pemitted by appliceblc taw. Lender shall bc entitled to cotle(t all erptnsa incurred in pursuing thc remedi6 provided in this paragraph 21, including, but not limited to, rQasonable attornr)s' fees and costr of title evidcnce. If Lender invokes the porer of salc, Lender shall give nritten notic! to Truslee of the occurrence of an ayeDt of default and of Lend:r': .leclion lo ceuse the Propcrtr to be sold. Lcnder shall mail a copy of tbe notic. to Bonower as provided in paragraph 14. Truste sbau rltord a copy of the notic? in the county in which the Prop?rt7 is located. TrustE shall publish a Doti(r ol salc for th. timc and in lhe manntr provided by appticablc taw and shall mail copies of the noticr of sale in thc manncr prcscribed by applicable law to Borro*er and to lhe other pcrsons prrscribed by applicable law. Afl?r thc time required by applicable lar, Trustee, without demand oo Borrower, shaU sell the Property at public audion to the Fo.m 3006 1/91 +Dr-hll.Li . 'vv {-u,')Ljl(_ b--/ I - o o 478825 V942 P-54r 06/01/95 l0:43A PG 6 0F 6 LOAN #: 42?1965 highest bidder for cash at the lime and place and und€r the lerms designated in the notice ofsale in onc or more parccLl and in any order Trustct determines. Trustee may posrpone salc of any palcel of the Property by public announcemenl at the timc and placc of any prrviou.sl-v scheduled salt. Lender or its d6ignr? may purchasc thc Propcrty al any sele. Truslrc shall deliver lo the purchaser Truste?'s cerlificate describing the Properly and the timc the purchaser rrill be cntilled to Truslce's ded. The r?cilals in thc Trustce's decd shall bc prima facie evidcnce o, thr truth o[ thc st3tem.nts madc thercin. Trustee shall apply the procetds of the sale in the follos'ing order: (a) to all erpenses of thr sele, including, but nol limited to. r?rsonable'fruster's and attom.ys' fees; (b) to all sums secured by lhis Security ILstrument; and (c) any crc6s to thc pcrsoo or persons legally enlitlcd to it. 22. Release. Upon payment of all sums sccurcd by dris Security Insu-umenL Lxnder shall request hat Trusec rele:sc his Secunty Insrumen( and shail produce for Trustee, duly cancellcd, all noes cvidcncing dcbu sccurcd by tltis Security Insrumenu Trusr4 shall relcasc ris Securiry Insu-ument witlout funier inqury or liabiliry. Borrowcr shall pay any recordation coss and *re sBtulory Trustec's fees. 23. Waivrr of Hom6tead. Borrower watvcs all right of homesr.ad cremption in thc hoperty. 24. Riders to this Securitl Instrumcnt. If onc or morc riders are crecuted bylBor.*"r md recordcd togcdrer wirlr r}lis Secunry Insu-umcnL 6c covenan6 and agre€ments of each such rider shall be incorporatcd into and sha.ll amend and supplement Ule covenan6 and afreements of this Securiry Instrurncnt as if tle ride(s) were a part of ths Security Instrumcnl IChock box(es) l Adjustlble Ratc Rider(s) Graduard Payment Rider Bai.loon Ridcr V.A. Rider Condominium Rider Planned Unit Dereiopment Ridcr Rac lmprovcment Ridcr Ot}rs(s) (specifyl l-1 Family Rider Biweckly Payment Rider Second Homc Ridcr nEE BY SICMNG BELOW. Bono*'er accepts and agrees trc rhe tcrms and covenanls contdned in this Security Insrument and in any ride(s) cxecutcd by Bonower and recorded with iu Wirrcsscs: IHEOOORT IJ. CHRI5TII 8orcuer (S€i) KAIHTRIXE S. CHNISIIE -Boro-er (S€l) - Bm*cr -Borc*cr STATE OF COLORADO,Gar f 1e ld County ss: daY of ltayThe foregoing instrumcnt wu acknowledged bcforc me this 3I s t I995 ,by Theodore l'1. Chrlstle and Katherlne S. Christie Wimess my hand and official scel. My Commission ErPires: 6-29 Narry 127 Easc 5th Scree Rlfle, Co 81550 @o.cB{CO1 re.o:1.0r CFC (07/9{}Pr9. I ol t Form 3006 l,/9'l -l7- o'ff /6* l.':arrrtlcrl LI reric\-)l o tqa F.ccrptrrrn \o. April 14, 1997 Theodore W. Chri.stie a Katherine S. Chri America's Wholesale Lender May 31, 1995 June 1, 1995 Garf :-e1d 1t_€_8;-r Film \o. Book 942,Page 536 Recorcic'r REQUEST FOR PARTIAL RELE,\SE OF DEED OF TRUST . ND PARTIAL RELEASE Rtccptrtrn \,1 lease was acknowledeed betbre me on Date tsl,ifi.rGranror { Borrol eil Originai Benericiarr ( Lcnder t Date ol Dced ol Trust Recording Date ol' Deed ol frust Countiot'Recording Receptron and/or Film Nos. of Recorded Deed ol Trust Book and Paee ol'Deed ol Trust LOS ANOELES COUNTY Comm. Exp Ulrch t7,2O0O lness and B,'61 ;.,PrBc \o. rO THE PUBLIC TRUSTEE OFGarfield Counn'tfhe Public Trustee to *hich the above Deed oiTrust convevs rhe said properr\.) Please trecute this release. as the indebtedness has been partiallv paid and/or rhe rerms and condirions ot'the rrusr hare been parliallv satrsticd.Countrwide Home Loans, Inc., doinq business as America's Whofesale tender Currcnt O*ncr and lloldcr ol lh. E. rd.ncl ol Debt Sccured h\ lJ.cd oi frut( tLrndcrr Susan E. KeIs Senior Vice President \ama and Irtla ol Agcnl oa Otficer ('urrcnt Oq'ncr and Holdcr if Srgnatu rc Si3nrturc s,or.- ot' dJJ.lil.Counrr or'AWILDA APOT'.II I: Conrm. #10903ijr_r1es ]O IA}tY PUBLIC E,ur -:{ - v IF -^. ?rE;ErGt -cl-(oJ :o) lu -Ff HIo-lLrE -gs:dGfr.r! Gt: -o_ (9I6tIG):Z =sq:h6 rot ctI?l:\ 6l -Ne I$t -)oroEI -S -r:Trs{ trEo The lbregoingAoril I request lbr re4, 1997 {datet by'E. Kelsev.Senior Vice President fi,u^tlnl M,- Date Commission E.'.pires Nortry Public PARTI.\L RELE.\SE OF DEED OF TRUST KNOw ALL lvlEN. that rhe above referenced Cranror{s). b.v Deed of Trusr. conveyed cerrain real properry described in said Deed ofTrust. to the Public Trustee ofthe County ret'erenced above. in rhe Srate ofColorado, to be held in trusr to secure lhe payment ofthe indebtedness referred to therein. NOw TI'IEREFORE' et the written request of the legal holder of the said indebtedness. and in consideration ol the premises and lhe palment ot'the statulorv sum. receipt olwhich is herebv acknowledged. I. as rhe public Trusree in the County hrst referenced above.--I^^-n ^^i -"i''l'i6 rrnrn the nresent owner or owners of the properrv hereinafter descrihed. and unto the heirs. 69/os/ 1 ee8 ae r 3e FRooFLE F I RE PROr. D I sr.ro e2o? RrrLe Frne PnorgcTroN Dsrntcr Septedber 2, X998 Ted Christie 3799 Counuy H.oad 233Rifle, Colorado 81650 Reference : Subdivision exentption lr1r. Christie , IfLre Rifle Fire Brotection DisEricE has reviewed your Broposedis the D subdivision at 3799 Councy Road 233. ItisErict's proposal is Eo and cli PqrcvLde it inter ot Ey acres in eizetake a o use aa consE,ructlon of t,l P,02 ir€iTtlis Dropereyand fire-and'by the Distrlct. recorunendatiorrs euergency se$Jb 1. The addregpintersects wr\tb ion Dist,riet ct d' a t2i at[ EUE t be provide.d followingqfvidins of I a?r',where i t t,d'rlltiote s- ls tohouses s pos ted on of4 inches background. 2, Vegetation coupleEed horne a be mininu"rmrast rith shotrlto area of Ehe.ce in the everrt 3. Consideration should be given E,o t,he $reights of f ireapparatus and access:ibilrty-during adwerse ieather cb'nditions. 4, Ttre DisE,rict recouunend.s che u6e of .a classif ied roofeovering and. non-combustible sidi:rg rnaterials to minimizetrhreats from a wild land fire: Ttrank you.for your cooperation on'thege irems. If you haveany questions please fEel free Co call of a rild land fire. Sincere Mi (xrie.f Telephone \9m) 625-1249. Fax (970) 62s-2963 1850 Bailroad Avenue - P.0. Box 1133'. Rifle, Colorado 81650 Di ct -)l-TnTOt P-q2 o 2127 33 300188 Gail N. Mulvihill 355 Madison Ave., #3 Morristown, NJ 07960-6910 2177 33 300225 Jewell, August G., Alberta & Edith Mae Life Estate of August G. & Alberta Jewel 3483 County Road 233 Rifle, CO 81650-8741 2t77 33 300067 Kozak, Kazimierz & Esther S' 3801 County Road 233 Rifle, CO 81650-8742 2t77 0l i00001 Yeakel, Mollie 1119 Riverview Dr. Glenwood Springs, CO 81601-3246 2t77 01, 100404 DeBoer, Skyler S. 2730 Snowmass Creek Road Snowmass, CO 81654 ffio Alffy o t' r4id rql r istP_ I J: reeo -^x- 56 =c{ crl c 7 VALL€Y .50 - d 21 57 (+ i.--\\ 50 34 66 ' :.i" 35 o t li .I 66,i: T.5S. -T. 6 S-.ll: o\ oo o 54 - i-!'f(' ;(\+ 'r t d"G- o o 21 RIFLE AREA, COLORADO lncluded with this soil in'mapping are small areas ot Of.iV, n*"J", and Kim soils that have slopes of 1 to 3 i,ii.ti,t. These areas make up 5 to 10 percent of the map unit."'FermeaOifity is slow, and available water capacity is moderate. Efiective rooting depth is 60 inches or more' Srrf... runoff is medium-, and the erosion hazard is slight.- inis soir is used for irrigated crops and hay (fig' 5)' e[atia, smalt grains, some corn for silage' and grass or orass-lequme mixtures are grown' ";i;.;itg I suitable for inigating this soil'.lntake rate is sto". WiOi, deep cracks lorm when the soil dries' lrriga- ion tri""'and' tillage practices should^ be carefully olanned to overcome soil conditions' Green manure I.r.-"nO-.o*mercial fertilizer are generally needed to maintain or improve tilth and fertility''Jn" n"tir" vegetation on this soil was mainly wheat- orart, ."g"brush] and rabbitbrush; however' all areas of inis soil are now in irrigated crops'' Cottoniaif rabbit, sq-uirrel, mourning dove' and pheas- ant find habitat on this soil.- C;ffir;it development and recreation are limited by ,r* i.ir.luitity, nign clay content, ,"nl shrink-swell poten'fiaf. Dwellings and roads can be designed to com- lensate for the low strength and shrink-swell potential' 6.pii. i.ni absorption fields are severely limited by slow ,.irn""Ulfity. Community sewage disposal systems will be needed if population density increases' This soil is'in capability subclasses llle, irrigated' and lVc, nonirrigated. 29-Heldt clay loam, 3 to 6 percent slopes' This Oeep, *eff drained, gently sloping soil is on alluvial fans .nO'!i0". of valley!' Eievation ranges from 5'000 to O,OOO i""t. This soit formed in fine textured alluvium obriveo from shale and sandstone. The average annual pi.lipii"tion is about 14 inches, the average annual air iemperature is about 48 degrees F, and the average frost-free period is about 120 days' Typicafry, the surface layer is qllyi:l-'.b.rown clay loam aUoli a inines thick. The subsoil is light brownish gray ,[V f"., about '13 inches thick' The substratum is light gray clay to a dePth of 60 inches." lnctuoLo witn ihis soil in mapping are small areas of Ofney, n*aaa, and Kim soils that have slopes of 3-to 6 p.t..i,t. These areas make up 5 to 10 percent of the map unit. Fermeabifity is slow, and available water capacity is moderate. Efiective rooting depth is 60 inches or more' Srrt"." runoff is mediunr, and the erosion hazard is moderate.ini. soil is used for irrigated crops and hay' Some areas are used for grazing. Alfalfa, small grains' some corn for silage, and grass or grass-legume mixtures are grown. Flooding is suitable for irrigating this soil' lntake rate is slow. Wid6, deep cracks form when the soil dries' lrriga- ion rates and tillage practices should be carefully olanned to orercome limiting soil conditions' Green ;il;; crops and commercial fertilizer are generally neeOea to maintain or improve tilth and fertility' The native vegetation on this soil is mainly wheat- gr".., siteorusti, and low rabbitbrush; however' all ireas of this soil are now in irrigated crops'--Cottont"if rabbit, squirrel, mourning dove' and pheas- ant find habitat on this soil.- Cornrrnlty development and recreation are limited by sro* J"tmeloitity, high clay content, and shrink-swell potentiaf. Dwellings and roads can be designed t9 "-o.',-lensate for the lbw strength and shrink-swell potential' 5;;i;'i""k absorption fields are Severely limited by slow oeimeaUitity. Community sewage disposal systems will be needed if population density increases' This soil is in capability subclasses llle, irrigated' and lVc, nonirrigated. 30-Heldt clay loam, 6 to 12 percent slopes' This Oeep, *eff drained, moderately sloping-to rolling soil is on-lifuvUf fans and sides of valleys' Elevation ranges i.. S,OOO to 6,000 feet. This soil formed in fine textured "firuirrn derived trom shale and sandstone' The average annuat precipitation is about 14 inches, the average innual air temperature is about 48 degrees F' and the average frost-free period is about 120 days' '--- pi*irv, the surface layer is gfqyi:|',brown clay loam auoli a inches thick. The subsoil is light brownish gray .LV f"i, aOout 13 inches thick' The substratum is light gray clay to a depth of 60 inches'- lnctuoeo with ihis soil in mapping are small areas of Of""V, n*"da, and Klm soils that have slopes of 6 to.12 p"t""nt. These areas make up about 5 to 10 percent of tt?#;i"l|lliv i, ,ro*, and available water capacitv is moderate. Efiective rooting depth is 60 inches or more' Surt"." runoff is medium-, and the erosion hazard is moderate.fni. .oir is used mainly for irrigated hay (fig' 9). Td grazing. Some small areas are in inigated crops' Alfalfa' i.art irains, and grass or grass-legume mixtures are grown..'Fjoooing is suitabte for irrigating this soil. The intake rate is sto-w. Wide, deep crac[s form when the soil dries' iriig"tio;- "rd tiilage p-ractices should be carefully pla-nned to overcomi soil conditions and to control ero- s|on.Erosioncanbecontrolledbykeeping.theso-ilin ,r"V .i p"itut" lor at least three-fourths of the time' Green manure crops and fertilizer are generally needed to maintain or improve tilth and fertility' The native vegetation on this soil is mainly wheat- grass, sagebrush, and rabbitbrush' When range condition deteriorates, forbs and shrubs increase. WhLn the range is in poor condition' undesira- _ )J- oo RIFLE AREA, COLORADO 66-Torrlorthents-Camborthlds:Fl ock outcrop com- plex, steep. This broadly defined unit consists of ex- boseO sandstone and shale bedrock, loose stones, and soils that are shallow to deep over sandstone and shale bedrock and stony basaltic alluvium. This complex occurs throughout the survey area. The soils and out- crops are moderately steep to very steep. Slope ranges trom t 5 to 70 Percent. Toniorthents make up about 45 percent of the com- plex, Camborthids make up 20 percent, and Flock out- crop makes up 15 percent. The Torriorthents are on tooihills and mountainsides below Rock outorop' The moderately steep Camborthids are on lower toe slopes and concave open areas on foothills and mountainsides' Torriorthents are shallow to moderately deep' They are generally clayey to loamy and contain variable amou-nts of 6ravel, cobbles, and stones. The surface is normally covered with stones weathered from the higher' fing R6ck outcrop. South of the Colorado River, basaltic stones and cobbles are on the surface. Camborthids are shallow to deep. They are generally clayey to toamy and have slightly more clay in the sub- soil tlran in th6 surface layer. The surface layer is light colored. The profile is normally free of stones, but scat' tered basalt stones, cobbles, and sandstone fragments are on the surface. The Rock outcrop is mainly Mesa Verde sandstone and Wasatch shale. Some areas are covered with basal- tic boulders and stones. Small areas of limestone out- crops and exposed gypsum are in the eastern part of the survey area. lnciuded in mapping are small, isolated areas of llde- fonso, Lazear, Ansari, Begay, Heldt, and Dollard soils' These intermittent areas make up 10 to 20 percent of this map unit. This complex is used for grazing, wildlife habitat, and recreation. The stones on the surface and the steep slopes make this complex unsuitable for crops. Some areas can be reseeded to pasture by broadcast seeding. Other plant ing methods are made difficult by the stones and slopes' the native vegetation includes wheatgrasses, blue- grasses, lndian iicegrass, needlegrasses, bitterbrush, irountainmahogany, iagebrush, and an overstory of pinyon and juniPer.' The value of grazing is fair. The vegetation should be managed to maintain wood production and limited graz- ing. Selectively thinning the pinyon and juniper improves grazing and provides firewood and posts. Steep slopes, iroderate to severe erosion hazard, and slow regrowth of trees affect harvesting and management. Most of this complex is a prime wintering area for deer. Rabbits, coyote, and a few elk also find food and cover on this comPlex. Building is limited by steep slopes and stoniness' These limitations can be overcome by appropriate design and construction. 37 This complex is in capability subclass Vlle, nonirrigat- ed. G7-Torrlorthents-Rock outcrop complex, steep. This broadly defined unit consists of exposed sandstone and shale bedrock and stony soils that are shallow to moderately deep over sandstone and shale and stony basaltic alluvium. Areas of this complex occur throughout the survey area. The soils and outcrops are moderately steep to very steep. Slope ranges from 15 to 70 percent Torriorthents make up about 60 percent of this conr plex, and Rock outcrop makes up 25 percent- The Tor: iiorthents are on foothills and mountainsides below the Rock outcrop. r Torriorthents are generally clayey to loamy and con- tain variable amounts of gravel, cobbles, and stones. The surface is normally covered with stones weathered from the higher-lying Rock outcrop. South of the Colora- do Biver, stones and cobbles of basalt are on the sur- face. The Rock outcrop is mainly Mesa Verde sandstone and Wasatch shale. Some areas are covered with basal- tic boulders and stones. Small areas of limestone out- crops and exposed gypsum are in the eastern part of the t'fi:lJ::"in mappins are small isolated areas of llde- fonso, Lazear, Ansari, Gaynor, Tridell, and Nihill soils. These intermittent areas make up 10 to 15 percent of this map unit. This complex is used for limited grazing, wildlife habi- tat, and recreation. Because of the stones on the surface, the Rock out- crop, and the steep slope, this complex is unsuited to crops. The native vegetation includes wheatgrass, bluegrass, lndian ricegrass, needlegrass, bitterbrush, sagebrush, mountainmihogany and an overstory of pinyon and iuni- per. The vegetation should be managed to maintain wood production and limited grazing. Selectively thinning .the pinyon and juniper improves grazing and provides fire- wood and posts. Steep slopes, moderate to severe ero- sion hazard, and slow regrowth of trees affect harvesting and management. Most oi this complex is a prime wintering area lor deer. Rabbits, coyote, and a few elk also find food and cover on this comPlex. Community development is limited by the Rock out- crop, steep llopes, and stoniness. These limitations can be 'overcome by appropriate design and construction' This complex ls in capability subclass Vlle, nonirrigat' ed. 68-Vale silt toam, 3 to 6 percent slopes. This deep, well drained, gently sloping soil is on mesas, terraces, and alluvial fans. Elevation ranges from 5,000 to 7,200 feet. This soil formed in calcareous eolian material. The -)V- oo MnsoN €; MoRSE REAL ESTATE Memo Tor Fromr Date: Rer John Barbee, Senior Planner Garfield County Donna R. Fell September 29, 1998 Ted Christie Property The septic system on the new parcels created by the Christie SuMivision exemption will be the responsibility of the buyers. cc: Ms. Donna Fell o Page 1 80t Colouoo AvENue Gr-rNvooo SpnrNcs, Colonnon 8l60I (970) 928-9ooo FncstutLe: (97o) 928'0977 o I am hereby requesting the subdivision exemption to create two additional single family parcels. These parcels are currently both under contract to purchase, subject to approv4l of this exemption. Respectfully, AZ"-d*- d.&"**' Theodore W. Christie o o o OPER 2t27 33 300188 Gail N. Mulvihill 355 lvladison Ave., #3 Morristown, NJ 07960-6910 2177 33 300225 Jewell, August G., Alberta & Edith lvlae Life Estate of August G. & Alberta Jewel 3483 County Road 233 Rifle, CO 81650-8741 2t77 33 300067 Kozak, Kaztmierz & Esther S 3801 CoLrnty Road 233 Rifle, CO 81650-8742 2t77 01 100001 Yeakel, Mollie L l 19 Rivervierv Dr. Glenr.vood Springs, CO 81601-3246 L.4, 2t77 0r 100404 DeBoer, Skyler S. 2730 Snowmass Creek Road Snowmass, CO 81654 200 R