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HomeMy WebLinkAbout1.0 ApplicationS VISION SKETCH PLAN • (2 copies) Name: - 2`' 01 4.5 C Aloy Location, Number of Lots, Etc.: Zoning: ,a/,2/R.0 Access: ,6( Water: (9.0_6„\Av Sewer: Check List: #1 Sketch Ckee-k Map #2 Geologic > X X X . A . >C . Fee Paid Property Boundary survey with North arrow and date. Conceptual drawing of lot and street layout indicating area of lots and access. Type and Layout of Water System Type and Layout of Sewer System Provision for off Street Parking, and School Bus Stops, the latter for School District approval Significant natural and manmade features and existing development on adjacent property. 5 Total tract acreage Existing and proposed zone district boundaries (when applicable) General land use divisions Scale 1"/200', name of Subdivision, County Name, Township, Range, Section, Quarter Section, Index map. and Soils Analysis #3 Vicinity Map: #4 Information Comments: 3/2/8 : Geologic Characteristics : Soils type : Radiation Hazards : 1.5 Miles on all sides Disclosure of Ownership ( title,insurance, etc.) Total development area Total Number of proposed dwelling units Estimated GPD of sewage Estimated Construction Cost and Method of financing streets, water, storm/drainage, utilities, etc... Evidence of Legal access k GD WR I :vv. /6 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. CO ADO DIVISION OF WATER RESOU 818 Cearnial Bldg., 1313 Sherman St., Denver, Colora PERMIT APPLICATION FORM (j"$ -A PERMIT TO USE GROUND WATER (.>1 A PERMIT TO CONSTRUCT A WELL FOR:p<A PERMIT TO INSTALL A PUMP 403 RECEJ Vim, r�� FEB r2 51961 • N 41 ( ) REPLACEMENT FOR NO. ( ) OTHER WATER COURT CASE NO .:t, (1) APPLICANT - mailing address NAME TJ!ZS fE/L'y Go' STREET j7CX �1 &4 e l CC)(0. 16 Se (State) 1 (Zip) TELEPHONE NO (--?0-:.) 762— Z137 CITY (2) LOCATION OF PROPOSED WELL County OtrZ44 (5, id /OE: Y. of the 4/41-) /., Section t� Twp. 7 S Rng. _ 7_ 1, 1N,S) iEWI P.M. (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground water,_[,_ to be appropriated (acre-feet) : / a G r Jess A!`t4J owe Number of acres to be irrigated: Proposed total depth (feet): 7S` Aquifer ground water is to be obtained from: Owner's well designation GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY - no irrigation (0) "d DOMESTIC (1) ( ) INDUSTRIAL (5) ( 1 LIVESTOCK (2) ( ) IRRIGATION (6) 1 ) COMMERCIAL (4) ( ) MUNICIPAL (8) ( 1 OTHER (9) DETAIL THE USE ON BACK IN (11) FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN (4) DRILLER Name Street City (State) (Zip) Telephone No Lic. No. Receipt No. / . 5 3o Basin Dist. CONDITIONS OF APPROVAL m. r,.. This well shall be used in such a way as to cause;:_ no material injury to existing water rights. The issuance of the permit does not assure the applicant';,:; that no injury will occur to another vested water.;. right or preclude another owner of a vested waterY,', right from seeking relief in a civil court action. 0 v4 APPROVED FOR DOMESTIC USE, INCLUDING THE IRRIGATION OF NOT OVER ONE ACRE OF HOME y GARDENS AND LAWNS. 0 i- S� APPLICATION APPROVED PERMIT NUMBER 118971 DATE ISSUED MAIV 0 EXPIIR /N DATE 83 A BY I.D. _ an (STA ENGINE/ 2 COUNTY 3 �' THE LOCATION OF THE P OSED WELL imd the area on die e water will be used must c indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. 1- -- f- -- --1- 1- I - - 1 NORTH r w_ Z J 1 I I-- rn -1— -�—Lj 1 MILE, 5280 FEET •-•-- + ECTION LINE 1 X 1 1 I i 1 - ± - — -- --}- — - I 1 1 SOUTH SECTION LINE N 1 m m r) 0 z r - z m 4 -I- -- -4- The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. (6) TELL MUST BE LOCATED BEILQW by distances from section lines. 1.2(20 ft. from 7c 0 ft from LOT /J p SUBDIVISION tt/��v / �exelnp a' a/ pow, 1 (north •r south) tr easror west) BLOCK FILING *. sec. line sec: line (7) TRACT ON WHICH WELL WI 12 LOCATED Owner: No. of acres 2 Og the only well on this tract? wlu .. hls be Y�DS (8) PROPOSED CASING PROGRAM ,.'.s, Plain Casing s - 41- S -- in. 3 in. from 6 ft to /0 ft / Z in from /C) ft to y Q '4`- r i Perforated casing L * ��f y' 'Z in fromq ' � � ' ft to -- "'-f4ft in from ft to 4:. • WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot duel) 1 cubic foot per second Icfs) ... 449 gallons per minute (qpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: '4j/A (10) LAND ON WHICH GROUNQ WATER WILL BE USED: Owner(s):_1c !t// j: S /74 1•/S/LIL 7- % y f • No. of acres: Legal description: ✓vim Ul / "` L' /Vet ,--,5k. .>l,,7 /cop / v • /e/6, &7 ez . i2 h 7? (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. --- / ,ct-- C 9.- /,/ cL)/, / et r4, -e-- 210 i1./k (6)% /ea c/ r<< (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right ;trig - Used for (purpose) Description of land on which used (13) THE APPLICANT (S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. SIGNATURE OF APPLICANT(S) Use additional sheets of paper if more space is required. • 7t,c„az —fie, ax�- �c n LGvwu�v� z(9:4. ee .:23/3o/p ��J o,•,,>,•,v fcper5i OW/Vers ttper,/dc)/Vers Gyre, s/,duJA; dni Atika,e).1 l'OckPo fPaieS 5-ei are cs oildws ✓ or t"Cc., Co-/7o'/ 1,41y . 92- Cat-4oN c4Q/e /Cocky K). /T%uwc,L) goic 700 / ��e'uw ood . pri)? c,,/. gao/ Yctdy F_, ae/50/0 16Co • ` g5t. dS0 4) 7 7 q 7L /Zit- 64,p/400004 Z/t - 6/e,V&c c riiv"$ 6/. 57/o/ -7907E 5 ac /et,— - (Ta ft %seA) Ye /66/3 y, gZ Cariithiciode, Co. 6)/(23 /3eril 416 gwcJ- / 6 (� 9s-' Al- �''Z. Ca,rb tidc%a 1 C/o. ata) PcttAi 13-er4er - _ 10// Z gee 864)ely Zane 6/enwool Co. 5 ‘01 0r in/. Oa&/ear vv1 / /flay kJ -0 Oe, J- Co/a., $d za,3 ,e7,f4iv e4114,7% CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE CHICAGO TITLE INSURANCE COMPANY, a corporation of Missouri, herein called the Company, for a valuable consideration. hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." Issued by: COLORADO WEST TITLE INSURANCE COMPANY 818 Colorado Avenue, Suite 101 P. O. Box 925 Glenwood Springs, Colorado 81601 (303) 945-2271 or 945-2272 "/ i / r-1-1 xfi..Ui., ,,r`sernurF ..® { Ow( CHICAGO TITLE INSURANCE COMPANY By: 714,:v President. F Authorized Officer or Agent F. 2880 Secretary. „.%;* rr .162W #.#M" CTIRB: 5-1-75 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Exclusions from Coverage and the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed Insured CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE CHICAGO TITLE INSURANCE COMPANY, a corporation of Missouri, herein called the Company, for a valuable consideration. hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." Issued by: COLORADO WEST TITLE INSURANCE COMPANY 818 Colorado Avenue, Suite 101 P. O. Box 925 Glenwood Springs, Colorado 81601 (303) 945-2271 or 945-2272 CHICAGO TITLE INSURANCE COMPANY By: fr111) � '..s — ATTEST: ‘“% Secretary. "i r / ; / Authorized Officer or Agent • F. 2880 CT1RB: 5.1-75 CONDITIONS AND STIPULATIONS 1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any Toss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Exclusions from Coverage and the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage, whether or not based on negligence, which arises out of the status of the title to the estate or interest or the lien of the insured mortgage covered hereby, or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of this Commitment. I. Effective Date: November 9, 1979 8:00 A. M. 2. Policy or Policies to be issued: A. ALTA Owner's Policy Proposed Insured: B. ALTA Loan Policy Proposed Insured: SCHEDULE A Case No G-11-620-79 Premium: Owners Loan Loan Tax Certificate Amount S 150, 0.00.00 Roy F. Gillmore and James 0. Goad Bank of Basalt Amount$ 95,000.00 294.40 20.00 20.00 5.00 C. ALTA Loan Policy Amount $ 50 , 000.00 Proposed Insured: Norman F. Hansen, Mike Theos, Clark Wix and John Wix 3. The estate or interest in the land described or referred to in this Commitment and covered herein is a fee simple, and title thereto is at the effective date hereof vested in: Norman F. Hansen, Mike Theos, Clark Wix and John Wix 4. The land referred to in the Commitment is described as follows: A parcel of land situated in Government Lots 3 and 6, Section 32, Township 7 South, Range 87 West of the Sixth Principal Meridian, lying Northerly of the Northerly right-of-way of State Highway 82, is more particularly described as follows: Beginning at the Witness Corner for the Northwest Corner of said Section 32, a rock found in place; thence S. 54°26'21" E., 3013.63 feet to a point on said right-of- way, the "True" point of beginning; thence N. 79°59'37" W., 377.92 feet along said right-of-way to a point of intersection of a fence extended as constructed and in place; thence leaving said right-of-way, N. 14°04'14" E., 117.72 feet along said fence and extension; thence leaving said fence N. 01°40'00" E., 484.28 feet; thence S. 88°20'00" E., 294.07 feet, thence S. 10°10'40" W., 240.64 feet to a fence as constructed and in place; thence S. 57°07'42" W., 13.27 feet along said fence; thence S. 35°59'32" E., 165.11 feet along said fence; thence leaving said fence, S. 01°37'00" W., 277.84 feet to a point on said right-of-way, the "True" point of beginning. COUNTY OF GARFIELD STATE OF COLORADO SCHEDULE A - PAGE 1 - NO. SCHEDULE B SECTION 1 REQUIREMENTS The following are the requirements to be complied with: G-11-620-79 Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Warranty Deed from Norman F. Hansen, Mike Theos, Clark Wix and John Wix to Roy F. Gillmore and James p'. Goad conveying the property described in Schedule A hereto. 2. Deed of Trust from Roy F. Gillmore and James 0. Goad to the Public Trustee of Garfield County securing Bank of Basalt. 3. Deed of Trust from Roy F. Gillmore and James g. Goad to the Public Trustee of Garfield County securing Norman F. Hansen, Mike Theos, Clark Wix and John Wix. Item (c) Payment of all taxes, charges or assess:, nnts, levied and assessed against the subject premises which are due and payable. x ertificate ordered and to follow. Item (d) Additional requirements, if any, disclosedbelow: 1. Release of Deed of Trust from Norman F. Hansen, Mike Theos, Clark Wix, and John Wix to the Public Trustee of Garfield County securing The First National Bank of Meeker, said Deed dated October 10, 1978 and recorded October 26, 1978 as Document No. 289533 in Book 517 at Page 990. NOTE: If the above Deed of Trust is not released it will appear as an Exception under Schedule B of the Final Policy. SCHEDULE B — SECTION 1 — PAGE 1 — NO. Parte 2 SCHEDULE B SECTION 2 EXCEPTIONS G-11-620-79 The policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes or special assessments which are not shown as existing liens by the public records. 7. In addition, the owner's policy will be subject to the mortgage, if any, noted under item one of Section 1 of Schedule B hereof. 8. Reservations and exceptions as contained in the United States Patent to the described property granted to John Paterson dated March 27, 1894 and recorded January 18, 1911 as Document No. 41131 in Book 73 at Page 37, including: a. Right of the proprietor of a vein or lode to extract and remove his ore therefrom. b. There is reserved from the lands hereby granted a right of way thereon for ditches or canals constructed by the authority of the United States. 9. There is excepted and reserved the 2/3 of all minerals and mineral rights, including oil and gas, as reserved in the Warranty Deed recorded November 14, 1960 as Document No. 211723 in Book 331 at Page 65. 10. Right of way and easement for the Ditch along the Southerly portion, the centerline of which is shown on the survey prepared by Scarrow and Walker dated June 5, 1978. 11. An easement for a well and pipeline from the point of the well as set. forth in the Quit Claim Deed recorded September 27, 1979 as Document No. 298039 in Book 536 at Page 89. 12. Taxes or special assessments which are not shown as existing liens by the public records, and possible liens, if any, for taxes or special assessments which are not required to be certified to the County Treasurer to become liens on the land described herein. SEE ADDED PAGE SCHEDULE B — SECTION 2 — PAGE 1 — NO. Page 3 ADDED PAGE G-11-620-79 EXCEPTIONS SCHEDULE B Section 2 13. Any unpaid taxes and 1979 taxes, a lien, not yet due and payable. NOTE: In the event of payment of any unpaid taxes, a copy of the Tax Receipt must be furnished to the Company prior to the issuance of any Final Policy. Page 4 1 „So i ( Csc?M) Apla.,.rt)cal v (c) No.5 oP /14 prOpd..i&ci /0 to 1 /' ; 2) -'e cilffc/) X � /G� ai ju f " 7/.5 -ti o P e. //e.s /iv S ec.fianJ / = G (ti(e ery xori-Aery eGt:9 / the r'd �d s(Aid calc1) So; l CA &ram erg sal c,5 Ar3 Ph G V" ys—G oc, re rose, -h i, S�ecX / � ��dnls 1° 1 i SCS -CONS -228 Rev. 6-71 (file Code CONS -14) 4 Owner Operator 1 CONSERVATION PLAAP UNI i ED STATES DEPARTMENT OF AGRICULTURE [ SOIL CONSERVATION SERVICE cooperating with Conservation District County State Location (Community, watershed, road & distance, etc.) Plan No. Scale _. Acres_ �. Approximate Approximate Photo No. X11 C- hLJ' 2. 6kAe itocoe, t!: t 6 r✓ /far' • • DEED OF TRUST THIS DEED OF TRUST is made this 22nd day of January 19. 80., among the Grantor, ROY F. GILLMORE and JAMES H. GOAD (herein "Borrower"), the Public Trustee of Garfield County (herein "Trustee"), and the Beneficiary, BANK OF BASALT , a corporation organized and existing under the laws of Colorado , whose address is P.O. Box R, Basalt, Colorado 81621 (herein "Lender"). BORROWER, in consideration of the indebtedness herein recited and the trust herein created, irrevocably grants and conveys to Trustee] in trust, with power of sale, the following described property located in the County of Garfield , State of Colorado: A parcel of land situated in Government Lots 3 and 6, Section 32, Township 7 South, Range 87 West of the Sixth Principal Meridian, lying Northerly of the Northerly right-of-way of State Highway 82, is more particularly described as follows: Beginning at the Witness Corner for the Northwest Corner of said Section 32, a rock found in place; thence S. 54°26'21" E., 3013.63 feet to a point on said right-of-way, the "True" point of beginning; thence N. 79°59'37" W., 377.92 feet along said right-of-way to a point of inter- section of a fence extended as constructed and in place; thence leaving said right-of-way, N. 14°04'14" E., 117.72 feet along said fence and extension; thence leaving said fence N. 01°40'00" E., 484.28 feet; thence S. 88°20'00" E., 294.07 feet, thence S. 10°10'40" W., 240.64 feet to a fence as constructed and in place; thence S. 57°07'42" W., 13.27 feet along said fence; thence S. 35°39'32" E.., 165.11 feet along said fence; thence leaving said fence, S. 01°37'00" W., 277.84 feet to a point on said right- of-way, the "True" point of beginning. COUNTY OF GARFIELD STATE OF COLORADO which has the address of...... 16704 ,St4te. 111.gbvay. 82 [Street] Garfield County Colorado (herein "Property Address"); [City] [State and Zip Code] TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents (subject however to the rights and authorities given herein to Lender to collect and apply such rents), royalties, mineral, oil and gas rights and profits, water, water rights, and water stock, and all fixtures now or hereafter attached to the property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the property covered by this Deed ($f Trust: and all of the foregoing, together with said property (or the leasehold estate if this Deed of Trust is on a leasehold) are herein referred to as the "Property"; To SECURE to Lender (a) the repayment of the indebtedness evidenced by Borrower's note dated January 22 ,, 1980 , . , ... (herein "Note"), in the principal sum of ONE HUNDRED THOUSAND AND .......... . ......................Dollars, with interest thereon, providing for monthly installments of principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on _ __. 1, 1981 ; the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Deed of Trust; and the performance of the covenants and agreements of Borrower herein contained; and (b) the repayment of any future advances, with interest thereon, made to Borrower by Lender pursuant to paragraph 21 hereof (herein "Future Advances"). Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property, that the Property is unencumbered, and that Borrower will warrant and defend generally the title to the Property against all claims and demands, subject to any declarations, easements or restrictions listed in a schedule of exceptions to coverage in any title insurance policy insuring Lender's interest in the Property. COLORADO -1 to 4 Family-6/75—FNMA/FHLMC UNIFORM INSTRUMENT No. 500 --Deed of Trust—FSMA/FHLMC Uniform Instrument „_. r� i4 r .lishinK Co., 1546 Stout St.. Denvi'r, CO (573-50111 4-78 • • UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Note, prepayment and late charges as provided in the Note, and the principal of and interest on any Future Advances secured by this Deed of Trust. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly installments of principal and interest are payable under the Note, until the Note is paid in full. a sum (herein "Funds") equal to one -twelfth of the yearly taxes and assessments which may attain priority over this Deed of Trust, and ground rents on the Property, if any, plus one -twelfth of yearly premium installments for hazard insurance. plus one -twelfth of yearly premium installments for mortgage insurance. if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. The Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a Federal or state agency (including Lender if Lender is such an institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground rents. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the time of execution of this Deed of Trust that interest on the Funds shall be paid to Borrower, and unless such agreement is made or applicable law requires such interest to be paid. Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds shosying credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Deed of Trust. 'If the amount of the Funds held by Lender. together with the future monthly installments of Funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes. assessments. insurance premiums and ground rents as they fall due. such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay taxes. assessments. insurance premiums and ground rents as they fall due. Borrower shall pay to Lender any amount necessary to make up the deficiency within 30 days from the date notice is mailed by Lender to Borrower requesting payment thereof. Upon payment in full of all sums secured by this Deed of Trust, Lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 18 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply,•no later than immediately prior to the sale of the Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit against the sums secured by this Deed of Trust. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under the Note and paragraphs 1 and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note, then to the principal of the Note, and then to interest and principal on any Future Advances. 4. Charges; Liens. Borrower shall pay all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Deed of Trust, and leasehold payments or ground rents, if any, in the manner provided under paragraph 2 hereof or, if not paid in such manner, by Borrower making payment, when due, directly .to the payee thereof. Borrower shall promptly furnish to Lender all notices of amounts due under this paragraph, and in the event Borrower shall make payment directly, Borrower shall promptly furnish to Lender receipts evidencing such payments. Borrower shall promptly discharge any lien which has priority over this Deed of Trust; provided, that Borrower shall not be required to discharge any such lien so long as Borrower shall agree in writing to the payment of the obligation secured by such lien in a manner acceptable to Lender, or shall in good faith contest such lien by, or defend enforcement of such lien in, legal proceedings which operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. 5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage", and such other hazards as Lender may require and in such amounts and for such periods as Lender may require; provided, that Lender shall not require that the amount of such coverage exceed that amount of coverage required to pay the sums secured by this Deed of Trust. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided, that such approval shall not be unreasonably withheld. All premiums on insurance policies shall be paid in the manner provided under paragraph 2 hereof or, if not paid in such manner, by Borrower making payment, when due, directly to the insurance carrier. All insurance policies and renewals thereof shall be in form acceptable to Lender and shall include a standard mortgage clause in favor of and in form acceptable to Lender. Lender shall have the right to hold the policies and renewals thereof, and Borrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged. provided such restoration or repair is economically feasible and the security of this Deed of Trust is not thereby impaired. If such restoration or repair is not economically feasible or if the security of this Deed of Trust would be impaired, the insurance proceeds shall be applied to the sums secured by this Deed of Trust, with the excess, if any, paid to Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Deed of Trust. Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments. If under paragraph 18 hereof the Property is acquired by Lender, all right, title and interest of Borrower in and to any insurance policies and in and to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition shall pass to Lender to the extent of the suns secured by this Deed of Trust immediately prior to such sale or acquisition. 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. If this Deed of Trust is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit development, and constituent documents. If a condominium or planned unit development rider is executed by Borrower and recorded together with this Deed of Trust, the covenants and agreements of such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Deed of Trust as if the rider were a part hereof. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, including, but not limited to, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums and take such action as is necessary to protect Lender's interest, including, but not limited to, disbursement of reasonable attorney's fees and entry upon the Property to make repairs. If Lender required mortgage insurance as a condition of making the loan secured by this Deed of Trust, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law. Borrower shall pay the amount of all mortgage insurance premiums in the manner provided under paragraph 2 hereof. Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, shall become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the date of disbursement at the rate payable from time to time on outstanding principal under the Note unless payment of interest at such rate would be contrary to applicable law, in which event such amounts shall bear interest at the highest rate permissible under applicable law. Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder. 8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. • • 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust, with the excess, if any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing, there shall be applied to the sums secured by this Deed of Trust such proportion of the proceeds as is equal to that proportion which the amount of the sums secured by this Deed of Trust immediately prior to the date of taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds paid to Borrower. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is mailed, Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust. Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due date of the monthly installments referred to in paragraphs 1 and 2 hereof or change the amount of such installments. 10. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest. 11. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust. 12. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively. 13. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. 14. Notice. Except for any notice required under applicable law to he given in another manner, (a) any notice to Borrower provided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail, return receipt requested, to Lender's address stated herein or to such other_address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein. 15. Uniform Deed of Trust; Governing Law; Severability. This form of deed of trust combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Deed of Trust shall he governed by the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time of execution or after recordation hereof. 17. Transfer of the Property; Assumption. If all or any part of the Property or an interest therein is sold or transferred by Borrower without Lender's prior written consent, excluding (a) the creation of a lien or encumbrance subordinate to this Deed of Trust, (b) the creation of a purchase money security interest for household appliances, (c) a transfer by devise, descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less not containing an option to purchase, Lender may, at Lender's option, declare all the sums secured by this Deed of Trust to be immediately due and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer, Lender and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to Lender and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as Lender shall request. If Lender has waived the option to accelerate provided in this paragraph 17, and if Borrower's successor in interest has executed a written assumption agreement accepted in writing by Lender, Lender shall release Borrower from all obligations under this Deed of Trust and the Note. If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 14 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 18 hereof. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 18. Acceleration; Remedies. Except as provided in paragraph 17 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, including the covenants to pay when due any sums secured by this Deed of Trust, Lender prior to acceleration shall mail notice to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a dale, not less than 30 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the breach is not cured on or before the dale specified in the notice, Lender at Lender's option may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, reasonable attorney's fees. If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Lender shall mail a copy of such notice to Borrower as provided in paragraph 14 hereof. Trustee shall record a copy of such notice in the county in which the Property is located. Trustee shall publish a notice of sale for the time and in the manner provided by applicable law And shall mail copies of such notice of sale in the manner prescribed by applicable law' to Borrower and to the other persons prescribed by applicable law. After the lapse of such time as may be required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or Lender's designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time when the purchaser will be entitled to Trustee's deed thereto. The recitals in Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorney's fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. 19. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust, Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at any time prior to the earlier to occur of (i) the fifth day before sale of the Property pursuant to the power of sale contained in this Deed of Trust or (ii) entry of a judgment enforcing this Deed of Trust if: (a) Borrower pays Lender all sums which would be then due under this Deed of Trust, the Note and notes securing Future Advances, if any, had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed of Trust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agreements of Borrower contained in this Deed of Trust and in enforcing Lender's and Trustee's remedies as provided in paragraph 18 hereof, including, but not limited to, reasonable attorney's fees and Trustee's expenses and withdrawal fee; and (d) Borrower takes such action as • i Lender may reasonably require to assure that the lien of this Deed of Trust, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 20. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 18 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraph 18 hereof or abandonment of the Property, Lender, in person, by agent or by judicially appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorney's fees, and then to the sums secured by this Deed of Trust. Lender and the receiver shall be liable to account only for those rents actually received. 21. Future Advances. Upon request of Borrower, Lender, at Lender's option prior to release of this Deed of Trust. may make Future Advances to Borrower. Such Future Advances, with interest thereon, shall be secured by this Deed of Trust when evidenced by promissory notes stating that said notes are secured hereby. 22. Release. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to release this Deed of Trust and shall produce for Trustee duly cancelled all notes evidencing indebtedness secured by this Deed of Trust. Trustee shall release this Deed of Trust without further inquiry or liability. Borrower shall pay all costs of recordation, if any, and shall pay the statutory Trustee's fees. 23. Waiver of Homestead. Borrower hereby waives all right of homestead exemption in the Property. IN WITNESS WHEREOF, Borrower has executed this Dee STATE OF COLORADO, Eagle X Roy X Trust JamesGoad County ss: The foregoing instrument was acknowledged before me this 22nd day of January 1989.., by Roy F. Gillmore and James 11. Goad Witness my hand and official seal. /z/s15 1 My commission expires: Notary Public . — Borrower — Borrower In consideration of the making of this loan, the undersigned agrees that this obligation may not be assumed by any third party without the prior written consent of the holder and that if the property described in this deed of trust carrying said note, or any portion thereof, be sold or con— veyed prior to the time the indebtedness shall have been paid in full, the holder reserves the right at its option (a) to accelerate and require payment in full of the entire indebtedness then due if the party to whom the property is transferred is not, in the reasonable opinion of the holder, financially capable of retiring the indebtedness according to its term; and/or (b) to increase the interest rate by no more than 1% per annum; and/ or (c) to charge a fee not exceeding z of 1% of the amount of the indebted— ness, together with costs, if any. (Space Below This Line Reserved For Lender and Recorder) STATE aI t'ttI.c)R:\luI, said pairSer, person J BOOK 542 PAGE : ?3 C1"14,Notary Public in and for /� l/ Zee cL_ C County, in the State aforesaid, do hereby certify that Ale ✓�r1�� . /Vt/1!c-c' !l't€c�'S /ark K/i�Y '3 O l ' x who personally known to me to be the / fi� whose name 'S acknowledged that %d subscribed to the foregoing Deed, appeared before me this day in person and signed, sealed and delivered the said instrument of writing as G� free and voluntary act and deed for the uses and purposes therein set forth. Given rudder my hared and official seal, this 2 z.<t.W day of /-//8/ My co 11 suion expires 'Aft ,19 it7 44: • Notary t uhlic. A parcel of land situated in Government Lots 3 and 6, Section 32, Township 7 South, Range 87 West of the Sixth Principal Meridian, lying Northerly of the Northerly right-of-way of State Highway 82, is more particularly described as follows: Beginning at the Witness Corner for the Northwest Corner of said Section 32, a rock found in place; thence S. 54°26'21" E., 3013.63 feet to a point on said right-of- way, the "True" point of beginning; thence N. 79°59'37" W., 377.92 feet along said right-of-way to a point of intersection of a fence extended as constructed and in place; thence leaving said right-of-way, N. 14°04'14" E., 117.72 feet along said fence and extension; thence leaving said fence N. 01°40'00" E., 484.28 feet; thence S. 88°20'00" E., 294.07 feet, thence S. 10°10'40" W., 240.64 feet to a fence as constructed and in place; thence S. 57°07'42" W., 13.27 feet along said fence; thence S. 35°59'32" E., 165.11 feet along said fence; thence leaving said fence, S. 01°37'00" W., 277.84 feet to a point on said right-of-way, the "True" point of beginning. TOGETHER with an aasignnble perpetual nalexciusive easement for inures And egress oyer and across the existing roadway between Colorado Highway 82 and the foregoing described tract; and together with '.12 c.f.ei. in the Cu�,,;nr?s haste Water Pitch, with all its appurtenances; including an undivided 5O interest in and to that certain water well r.nd pump nn installed And in rl ee :n the premises. WARRANTY DEED O STATE OF COLORADO, I hereby certify that this instrument was filed JAN 2 4 1980 M., and duly recorded Reception No. O 0 Z 0 V i L 0 1�eCo 1f.. 3 .'., JAN 24 1980 b0;1K 542 P OE i ,7,7 Reo.epti. 11 ;v 01133 .at't 1,--I.rad A:Lsdorf, Recorder ' A No. 36. WARRANTY DEED — Short Form. Bradford Publishing Co., 1824-46 Stout Street, Denver, Colorado (573-5011) 3.79 THIS DEED. Made this day of January Norman F. Hansen, Mike Theos, Clark Wix and John Wix ,19 80 ,between of the County of Garfield and State of Colorado, of the first part, and Roy F. Gillmore and James H. Goad whose legal address is P.O. Box 4794, Aspen, CO. 81611 of the County of Garfield WITNESSETH, That the said part ies and State of Colorado, of the second part: JAN 2 4 1:80 of the first part, for and in consideration of the sum of Ten Dollars and other good and valuable consideration AMANFO to the said parties of the first part in hand paid by the said part ies of the second part, the receipt whereof is hereby confessed and acknowledged, ha Ve granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the said part ies of the second part, their heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State of Colorado, to wit: A parcel of land situated in Government Lots 3 and'6, Section 32, Township 7 South, Range 87 West of the Sixth Principal Meridian, lying Northerly of the Northerly right of way of State Highway 82, as more particularly described on page two (2) of this Warranty Deed, being the reverse side hereof. also known as street and number TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and all the estate, right, interest, claim and demand whatsoever of the said part ies of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances unto the said part ies of the second part, their heirs and assigns forever. And the said parties of the first part, for them selves, their heirs, executors, and administrators, do covenant, grant, bargain and agree to and with the said part ies of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and enei mbrances of whatever kind or nature soever. except subject to easements, ri t'•hts of way and\reservations of record including those mineral in nsture, and subject to the general tax for 1990 which shall be payable by Grantees when due in 1981; and the above bargained premises in the quiet and peaceable possession of the said part ies of the second part, their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part ies of the first part shall and will WARRANT A N I) FOREVER DEFEND. IN 1vi'1'NEsswHEREOE', The said part ies oft he first pout ha ve hand s and seal s the day and year first above written. Signed, Sealed and Delivered in the Presence of hereunto set their ;t-.- - — ISE:AL) ISEAL] • )SEAL) • 1, J[1N 2 4 19RQ r Recorded at o'clock. ... M., 15110.(.. 542 PACES/04 Reception No r��..R.,� {,i�. ��� Recorder. KNOW ALL MEN BY THESE PRESENTS, That, Whereas, NORMAN F. HANSEN, MIKE THEOS, CLARK WIX and JOHN WIX by DEED OF TRUST dated the Tenth day of October , 19 78 , and duly recorded in the office of the County Clerk and Recorder of the County of Garfield , in the State of Colorado, on the 26th day of October 19 78, in book 517 , on page 990 , (WIN4$/ ► No. 289533 ), conveyed to the Public Trustee in said r Reunption uty of Garfield , certain real estate in said Decd of Trust described, in trust to secure to the order of The First National Bank of Meeker the payment of the indebtedness mentioned therein. AND WHEREAS, Said indebtedness has been paid and the purposes of said trust have been fully satisfied; NOW, THEREFORE, At the request of the legal holder of the indebtedness secured by said Deed of Trust, and in consideration of the premises, and in further consideration of the sum of Three Dollars, to me in hand paid, the receipt whereof is hereby acknowledged, I, as the Public Trustee in said County of Garfield , do hereby remise, release and quit -claim unto the present owner or owners of real estate and unto the heirs, successors and assigns of said owner or owners forever, all the right, title and interest which I have in and to the said real estate, as such Public Trustee, in said Deed of Trust mentioned; and more particularly described as follows, to wit: A parcel of land situated in Government Lot:; 3 and 6, Section 32, Township 7 South, Range 87 West of the Sixth Principal Meridian, lying Northerly of the Northerly right-of-way of State Highway 82, as more particularly described in the Deed of Trust dated October 10,E 1973 and recorded October 26, 1973 as Document No. 289533 in Boo): 517 at Page 990. situate, lying and being in the Town of Cnrbonda.4junty of Gar field and State of Colorado. TO HAVE AND TO HOLD the same, together with all and singular the privileges and appur- tenances thereunto belonging forever. And further, that the said Trust Deed is, by these presents, to be considered as fully and absolutely released, cancelled and forever discharged. WITNESS my hand and seal, this 21+th day of January 19 80, (.:(';' '•'t As the Public Tnitce in sail 4, ,XwI'E OF CO! RADO Y • 410(14' Count'y\of Garfield , / Ella Stephens as the By :14. The foregoing %'`�` ( A County or Garxr, leZ)d Deputy ruWle Trustee. instrument was acknowledged before me this day of January 19 80, by Public Trustee in said County of Garfield My Commission expires //;,'. d S Witness my hand and official seal. • The Public Trustee in said Please execute this release, the having been fully paid. , Colorado. :4r �f: "r0 'J ��• / 'yr otq�l�l'ublle.' County of b Garfield •0.1 indebtedness secured by the above mentioned o> .of 'TrustS' The First National Qankof Meeker By The legal holder or the Indebtedores sec. red b, said Deed or Trust No. 930. RELEASE OF DEED 01' TRUST BY THE PUBLIC TRUSTEE. Bradford 1'ubl ahing Co.. 11324.41 Stout Street, D , Colorado - 7 ?G No. 36. WARRANTY DEED — Short 1.Orm. Bradford Publishing Co., 1824-46 Stout Street, Denver, (,,,‘6; -ado (573-5011) 3-79 THIS DEED, Made this � day of January Norman F. Hansen, Mike Theos, Clark Wix and John Wix , 19 80 , between of the County of Garfield and State of Colorado, of the first part, and Roy F. Gillmore and James H. Goad whose legal address is P.O. Box 4794, Aspen, CO. 81611 of the County of Garfield and State of Colorado, of the second part: WITNESSETH, That the said part ies of the first part, for and in consideration of the sum of Ten Dollars and other good and valuable consideration XXON1VV, to the said parties of the first part in hand paid by the said part ies of the second part, the receipt whereof is hereby confessed and acknowledged, ha Ve granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm, unto the said part ies of the second part, their heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the • County of Garfield and State of Colorado, to wit: beginning at the Witness Corner ,for the U rthwest Corner of seid Section 32, a roK1,. fund in place; thence S. 514'26'21" E., 3013.63 feet to a point on said right-of-way, the "True" point of beginning; thence N. 79'59'37" W., 377.92 feet along said right-of- way to e point of intersection of a fence extended as constructed. end in place; Thence leaving said' right-of-way, N. 14'04'14" E., 117.72 feet elmg said fence and extensi:n'.lr- nee leaving said fcnce N. 01'40'00" E., 4.171+.28 fret; thence S. `'f.i°20'00"E. , 29)1.'07 feet, thence S. 10'10'40"'W., 240.64 feet to a fence es ccnatructed 'and in place; thence S. 57'07'42"'N., 13.27 feet along said fence; thence S. 35'59'32" E., 165.11 feet along said fence; thence leering said fence, S. 01`37'00" W., 277.84 feet to a point Qt -1 said right6 ;f -..thy, the "True" point of beginning.' The above described parcel contains 4.50 acres, more or less, TOGETHER with an assignable perpetual ncnexclusire ease.)ent for ingress and -egress Over and across the existing roadway between Colorado Highway 82! and the foregoing described tract; and together with .12 c.f.u. in th' Cu ,,;r,e,s Waste 'rater Ditch, with ell its appurtenances; including, an undivided 50% interest in and to that ,,. 1i rt pd rt ± + _i ct.,. it k.ct r t r-�--,-,_, rs n all en. n -1�-c ;�; the F^^, r^,, TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, 'remainder and remainders, rents, issues, and profits thereof; and all the estate, right, interest, claim and demand whatsoever of the said part ies of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TQ HOLD the said premises above bargained and described, with the appurtenances unto the said part ies of the second part, their heirs and assigns forever. And the said parties of the first part, for them selves, their heirs, executors, and administrators, do covenant, grant, bargain and agree to and with the said part ies of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these presents are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and dear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever. except subject to easements, rights of way and reservations of record including those mineral in nature, and subject to the general tax for 1990 which shall be payable by Grantees when due in 1981; 4 and the above bargained premises in the quiet and peaceable possession of the said part ies of the second part, their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said part ies of the first part ha ve hand s and seal s the day and year first above written. Signed, Sealed and Delivered in the Presence of her unto set rTh ' / [SEAL) [SEAL) [SEAL] their STATE OF COLORADO, County of __CL said QrlSe#/ person acknowledged that u\otary Public in and for County, in the State aforesaid, do hereby certify that /a' W/�K J,x who ✓ kt-t—a • personally known to me to be the whose name 3 subscribed to the foregoing Deed, appeared before me this day in person and signed, sealed and delivered the said instrument of writing as G�- free and voluntary act and deed for the uses and purposes therein set forth. Given under my hand and official seal, this 2-2--< My commission expires / L /// 0 z WARRANTY DEED 0 STATE OF COLORADO, s instrument was filed 3 3 y day of 0 0 0 _ 0 Reception Nu. l � eo Not all' Pc hl ic. J • O 0 Recorded at _— -- . -- --o'clock _--_ M., Reception No _- -Recorder. THIS I)EEU OF TRUST, Made this Roy F. Gillmore and James 4. Goad the grantor herein whose address is P.O. Box 4 79 4 day of January 19 80 , between Aspen, County of Pitkin and State of Colorado, and the PUBLIC TRUSTEE of the County or City and County in which the property described below is situated, in the State of Colorado, Witnesseth: The Grantor to secure One (1) promissory note/) hearing even date herewith, for the total principal sum of i 0—t .- � �2 �1✓/� '" ter ti/ '' �//= -- — — — — _ dollars, payable tothe or/ der of Clark Wix, John Wix, Mike Theos, and Norman F. Hansen the beneficiary herein whose address is P.O. Box X, Basalt, Colorado 81621 Two years , after the date thereof, with interest thereon from the date thereof at the rate of 12 percent per annum, principal and interest payable interest only on First anniversary and total principal plus accrued interest on or before the second anniversary, does hereby grant and convey unto said Public Trustee the following described property, situate in the County of Garfield , State of Colorado, to wit: All of that property described in Exhibit "A" attached hereto and by this reference incorporated herein; providing further that beneficiaries herein, without further payment or acceleration hereof, shall grant a partial release frcrn the lien of this deed of trust for a parcel of unimproved land measuring up to 2.25 acres upon receipt of request and survey by Grantors, subject to the condition that Grantors have first received subdivision approval from the Board of Commissioners of Garfield County also known as street and number 16704 Highway 82, Carbondale, Garfield County, Colorado 10 HAVE AND TO HOLD the same together with all appurtenances, in trust nevertheless, that in case of default in the payment of said note or any part thereof of interest thereon, or in the performance of any covenants hereinafter set forth, then upon the beneficiary (note holder) (cling nott.-r ofelect,on and demand for sale. said Public Trustee. after ad'ertrsin • notice of said sale weekly, for not less than four weeks, In sonic ne-paper of general circulation In said county. shall sell said property in the manner pros rded mw by law rn a ffret at lhr lime of filing said notce and demand, at public auction for cash. at any proper plane designated in the notice of sale. Out of the proceeds of said sale said Trustee shall retain or pay first all fees, char g,^ and .os,4 and all moneys ads arced for taxes, insurance and assessments, or on any prior encumbrance, with interest thereon. and pay the principal and Intel est due on stud note, rendering the oserplus Of any) unto the grantor, and after the expiration of the time of ,ademption, said Trustee shall execute and deliver to the purchaser a deed to the property sold. The beneficiary may purchase said property or any part t hereof at such sale. The grantor covenants that at the time of delivery of these presents, he is seized of said property in fee simple, and that said property is free of encumbrances. except subject to a prior deed of trust for use of Bank of Basalt and tl.at he will keep all buildings insured for fire and extended coverage in amount eyu al to the unpaid balance of saidnone «v4111054 pa} abl.• tr. the beneficiary, and will pay all taxes and assessments against said property and amounts due on prior encumb, alters. and if 1,e shall fail to pay insurance premiums, taxes or amounts due on prior encumbrance, the beneficiary. may pay the same and all amounts 40 aid shall become additional tr ehledness due hereunder, and,igcase offor eclosure.hewillpay anattorney'sfee of a reasonable amount or not less than 10% of the unpaid Should the beneficiary hereunder be made a party to any action affecting this deed of trust or the title to said property, the grantor agrees that all court costs and a reasonable attorney's fee paid by the beneficiary shall brrorne additional indebtedness due hereunder; arid the grantor dues hereby release arid waive all claims In said property as a homestead exemption or other exempt ion now or her.after ptovided by law. It Is agreed that in case of default in payment of said principal or interest or a breach of any of the covenants herein, then said principal sum hereby secured and interest thereon may at the option of the beneficiary become due and payable at once, anything in said note to the contrary notwithstand- ing and possession of said property will thereupon be delivered to the beneficiary, and on failure to deliver such possession the beneficiary shall be entitled to a receiver for said property. who may be appointed by any court of competent junsd,ct ion. Whenever used herein the singular number shall Include the plural, the plural the singular, and the use of any gender shall pre applicable to all genders All of the covenants herein shall he binding upon the respective heirs, personal repre'rnlat nes, successors and assigns of the parties hereto. Should any pruv:s,on of this (teed of Trust Ike found to violate the statutes or court der is,uns of the State of Colorado, or of the United States, such provision .hat Ire deemed to be ante i dJy-d r0mply with and conform to such statutes and dee,s,ona. Execulo. day w p•sto ewntten. 4(4, Roy ,illmore mes H. Goad V1 January STATE OF COLOR 8110. County of Tl,e fuer going , nst ryn.ent w a• at knowledged tefory me this Roy F. Gillmore and James N. Goad 19 80- , by' Atv ('onrnn'44071 expores cress my hand and official veal 2 Z �( day of 2 A- .I� .9/ Notary 1'u bhc. No. 923-B Rev. '78 — 1)1 D 01 TRUST TI) PUBLIC TR I'STEF.. (No — Out on Sal.- elauve) — Short For — Copyright l 1978 -- Bradford Publishing Co., )846 Stout Street, 1)cnscr. Colorado (573-50I 1) —6.79 Gij0re k itak PJ - ✓'opO,sec - Src6c,�,;s ory-pr i cle,c /lc/51p/, trio. ('o iv Oaf SAO wd ttl f rbfie 5tcl eSUI1 e 5 cVJ (Id / iS fle Cat1e use 74) brtak d J Copy oP A -enc) b,v€Jc&p-Cyst✓- ovmclipJ 13 Lf! re. e.) eSo l c o,ties e rrn J ,tt) adva, 4 r" S I/ (i Ur.) - 7776/6 i furs ul `-tics poi/ C./ CO Mini irn enc/ (44 - f5/�t/ a.cJjo/t/ t ra er owiveis �'► cr" �e- Iln cdrk5 SocA,rcc ©g tad-, wi ii je- i wd;JJ 0e11 Copphto4i Pcr t -'e [ perrytij 10.5 I c) S -) Sejo& disps) u i /I 46 lxidithdcea1 sp t _ y siler� NO yaw PJ�c( /ca) I ' 4+rel as itie � v� earn Gross is or a 4joi s fie, /drop d s ed S uAc'"U i cW 10.rjd e. re_ a re_ tV O S I 1 /11Gt ilk. ra- C'' /nGt /rt rid e ec ar e i�n1 /" Xe S4k . fl erns_, S2 e. fay_ hoc, 1 ito mcLicks -- Coru 44.6(1 [I&re- rs c�)t) ex e ut a. dpI e -A - Mt. 64oc ors e. Guy cl res s ae �so 16'761./ 1/61 aff rox i •en widey ,2d041-, / from0 (-kr'f rcf e r I 11 v& oN �Oroj sed t& -k CIA) r:sl'ort/. (k0 4^a4e' (/7c(r o)&) -Try acddl e -t, oyv e, 9 a h d c ci reS s es DF � 'X /72i/ver-c4/ OW/2"e K5 L( ctre, ,5 /z o 6th),) i,v )1e, t >vs a roe 24of i 'c/ LG4b c/ Ir' A ettc pct ,ie . /7 cid/re55 Core,Aid e z)ee /19 Og-D .,fox 0513 47 J e/ F 16G.? or C cJ/ 9e3--3/3 7 G. SUBDIVISION SUMMARY FORM Date Li/ Subdivision Name: County Type of Subdivision Request for Exemption SiSetcPlan Final Plat Filing Location of Subdivision Owner(s) NAME ADDRESS _ x4,.,, Subdivider (s) NAME ADDRESS !Same Designer ---1AME TOWNSHIP 75 RANGE .2 SEC. :72 1/4 ADDRESS Type of Subdivision Number of Area s Dwelling Units of (Acres) Total Area Single Family '� 4., ( ) Apartments ( ) Condominiums ( ) Mobile Home ( ) Commercial ( ) Industrial N.A. N.A. Street Walkways Dedicated School Sites Reserved School Sites Dedicated Park Sites Reserved Park Sites Private Open Areas Easements Other (specify) Total Estimated Water Requirements Proposed Water Source /� Gallons/day. . Estimated Sewage DisposAl Req emeny. Proposed Mans of Sewage Disposal Gallons/day. Seto�IG.+ ACTION: Planning Commission Recommendation Approval ( ) Disapproval ( ) Remarks Date 19 Board of County Commissioners Approval ( ) Disapproval ( ) Remarks Date , 19 -42-