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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com . l op , Lno C� R +',CEIVED APR 0 2 2007 GARFIELD COUNTY BUiLDING & PLAfL ING AMENDED AND CORRECTED PLATS APPLICATION GENERAL INFORMATION (To be completed by the applicant.) ➢ Street Address / General Location of Property: J(' is y 1tzP►t_ f;�I-Q„ OD ► �I \ PXLtu 0-1 ➢ Legal Description:� -l- 1 e F'TNS- REe1.0 1`I = SEI 5- --- z 6,..SorH 0 e. p---1 /Li r 4j- e , ���J(y�l�/,EcR t \ /� 1 i r eV • c)Q 4k S� . `t `J'6.7• ➢ Subdivision Name: —Tinto tuyt--� TA. n -N t / ➢ Description of Proposal: (0 �Z*P M(E 1 - C OCit€T t'O1l 0 c 1+1E ILI>N6-MEL Z -t2-1A-71- -30o. ➢ Name of Property Owner (Applicant): ,R I 01 a ➢ Address: 0(67 Fox vy_1 Telephone: 300? t > City: `-1 F State: Zip Code: BIESZFAX: > Name of Owner's Representative, if any (Planner, Attorney, etc): ➢ Address: Telephone: ➢ City: State: Zip Code: FAX: STAFF USE ONLY ➢ Doc. No.: Date Submitted: TC Date: ➢ Planner: Hearing Date: ➢ Zone District: Last Revised: 2/2006 1 tR 04/02/2007 14:19 9706253558 FRATZKE GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) agree as follows: PAGE 02/02 ],. APPLICANT has submitted to COUNTY an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 9$-09, as amended, establishes a fee schedule fxr each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of tbe proposed project, it is Dot possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment .of the Base ree, established for the PROJECT, aryl to thereafter, permit additional costs to be billed to APPLICANT. A.PPLICAINT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The ase Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by tbe Board of County Commissioners for the consideration of au application or additional COUNTY staff time or expense not covered by the Base Fee, If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above, APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT Signature Date: 2 Print Name Ring Address:47(L 7 s r-. SCS 10/2004 Page 4 04/02/2007 14:27 9706253558 FRATZKE Garfield County Building and Planning Department 108 8th Street #401 Glenwood Springs, Colorado 81601 To Whom It May Concern, I am submiting this application to request the recording of an amendment of my original plat. The reason for this amendment is because the existing plat does not show the possibility of flash flooding from three seperate drainages as well as a probable intrusion on a wetlands while building a usable road to the current site. Feel free to contact me at 309-3025 daytime or 62553 evenings if needed. Thank you for your prompt. Sincerely, to this request. Brian Fratzke PAGE 02/02 0 04/02/2007 14:19 9706253558 FRATZKE PAGE 01/02 Monroe & Newell StnKtuznl Engirwcal tS;l•Dann, MINA Monroe & Newell Engineers, Inc. 0167 Fox Run Rifle, CO 81650 (970) 625-3558 Phone & Fax kfratzke@monro e-neweiLeom FACSIMILE TRANSMITTAL LETTER Date 4/2/2007 Pages (including transmittal): 7 Attention Cathi Company Garfield County Fax 384-3470 Copy Fax From Kate Fratzke, Controller Subject Tamburello North Message First contact phone number is Brian at 309-3025. If that fails, please call me at 625-3558 or 948- 0400. Are we going to owe more money for this or is this included in the fees we have already paid the county? Please call me with any questions. If transrnittat is not as indicated please notify sender 2614 PEktiminl Spomor Thc Colorado Chapter of TM Amerieau Iaadrute ofArchiteeu www.mOti roe-newell.com Denver, Vail, and Frisco Offices 4. Names and addresses of owners of record of land immediately adjoining and within two hundred feet (200') of the proposed amended plat, mineral owners and lessees of mineral owners of record of the property to be a part of the amended plat, and tenants of any structure proposed for conversion. 5. Evidence of the soil types and characteristics of each type. 6. Proof of legal and adequate source of domestic water for each lot created (which may consist of proof described in Section 8:42(D) of the Subdivision Regulations), method of sewage disposal, and letter of approval of fire protection plan from appropriate fire district. 7. If connection to a community or municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve. 8. The Applicant shall sign the "Agreement For Payment" form and provide the Base Fee of $100.00 with the application. 9. Provide 2 copies of the Application. Staff will request additional copies once the application has been deemed technically complete. I have read the state correct and accurate t nts abbe and have provided the required attached information which is th- .- +of -Fn knowledge. (Signature of:ap.lican wner 5 Date ) 04/02/2007 13:46 9706253558 FRATZKE RECORDATION REQUESTED BY: Alpine Bank Alpine Bank Rifle 100 E. 4th Street Rifle, 00 81650 WHEN RECORDED MAIL TO: Alpine Bank 400 7th Street South Rifle, CO 81650 SEND TAX NOTICES TO: BRIAN D. FRATZKE KATHERINE B. FRATZKE 0167 FOX RUN ROAD RIFLE, CO 81650 PAGE 02/08 FOR RECORDER'S USE ONLY DED OF TRUST MAXIMUM PRINCIPAL AMOUNT SECURED. The Lien of this Deed of Trust shall not exceed at any one time $195,500.00 except as allowed under applicable Colorado law. THIS DEED OF TRUST is dated January 8, 2007, among BRIAN D. FRATZKE and KATHERINE B, FRATZKE ("Grantor"); Alpine Bank, whose address is Alpine Bank Rifle, 100 E. 4th Street, Rifle, CO .81650 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and the. Public Trustee of GARFIELD County, Colorado (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Grantor hereby irrevocably grants, transfers and assigns to Trustee for the benefit of Lender as Beneficiary all of Granter's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements'and fixtures; alleasements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch•orirrigation rights); and all other rights, royalties, and profits relating to the real property, including. without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in GARFIELD County, State of Colorado: PARCEL 1 A TRACT OF LAND SITUATE IN THE SE1/4NE1/4 SECTION 2, TOWNSHIP 6 SOUTH, RANGE 93 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 2, AN ALUMINUM CAP L.S. NO. 10871 IN PLACE; THENCE NORTH 00"29'17" WEST ALONG THE EASTERLY LINE OF SAID SE1/4NE1/4 656.31 FEET TO A REBAR AND CAP L.S. NO. 31143 IN PLACE, THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE SOUTH 89°35'40" WEST 808.42 FEET TO A REBAR AND CAP L.S. NO. 31143 IN PLACE; THENCE SOUTH 74°37'38" WEST 528.83 FEET TO A POINT ON THE WESTERLY LINE OF SAID SE1/4NE1/4, A REBAR AND CAP L.S. NO. 31143 IN PLACE; THENCE NORTH 00°29'12" WEST ALONG SAID WESTERLY LINE 795.75 FEET TO THE NORTHEAST 1/16 CORNER SAID SECTION 2, AN ALUMINUM CAP L.S. NO. 15710 IN PLACE; THENCE NORTH 89°43'07" EAST ALONG THE NORTHERLY LINE OF SAID SE1/4NE1/4 1319.49 FEET TO THE NORTH 1/16 CORNER BETWEEN SAID SECTION 2 AND 3, A REBAR AND CAP L.S. NO. 19598 IN PLACE; THENCE SOUTH 00°29'17" EAST ALONG THE EASTERLY LINE OF SAID SE1/4NE1/4 656.31 FEET TO THE POINT OF BEGINNING. SUBJECT TO AND TOGETHER WITH A 60 FOOT WIDE ACCESS AND UTILITY EASEMENT FROM COUNTY ROAD NO. 210 ACROSS THE N1/2SE1/4 OF SECTION 2 AND ACROSS TRACT 2 OF THE TAMBURELLO NORTH EXEMPTION AS SHOWN HEREON. ALSO KNOWN AS TRACT 1 TAIVIBURELLO NORTH EXEMPTION AS SHOWN ON THE TAMBURELLO RECEPTION NO. 639205. PARCEL 2 NORTH .EXEMPTION PLAT RECORDED COTOBER 24, 2003 AS LOT 2 ZELENKA MINOR SUBDIVISION THE PLAT OF WHICH 15 RECORDED AS DOCUMENT NO. 310242 The Real Property or its address is commonly known as TBD COUNTY ROAD 210 & 0167 FOX RUN, RIFLE, CO 81650. CROSS -COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. If the Lender is required to give notice of the right to 08,1081 under Truth in Lending in connection with any additional loans, extensions. of credit and other liabilities or obligations of Grantor to Lender, then this Deed of Trust shall not secure additional loans or obligations unless and until such notice is given. Grantor presently assigns to Lender (also known as Reneficiary in this Deed of Trust) all of Grantor's right, title, and interest in.and to' 04/02/2007 13:46 9706253558 FRATZKE PAGE 03/08 DEED OF TRUST Loan No: 4150888701 (Continued) Page 3 assessments and shall authorize the appropriate governmental official to deliver to Lander at any time a written statement of the taxes and assessments against the Property, Notice of Construction, Grantor shall notify Lender at least fifteen 115) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's'lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lander that Grantor can and will paythe cost of such improvements. • PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property area partof this Deed of Trust. Maintenance of Insurance. Grantor shall procure and maintain policies of fire Insurance with standard extended Coverage .endorsements on a replacement basis for the full insurable value covering all improvemente on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender, together with such other hazard and liability insurance- as Lender may reasonably require. Policies shall be written in form, amounts, c0verages and basis reasonably acceptable to Lender and issued by a company or companies reasonably a0eeptable to Lender. Grantor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that °Overages will not' be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees t0 obtain and maintain Federal Flood Insurance, if available, for the fun unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. • Application of Proceeds. Grantor shall promptly notify Lender of any less or damage t0 the Property. tender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects t0 apply the proceeds. to restoration and repair, Grantor shall repair Or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for •the reasonable Cost of repair or restoration if Grantor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has net committed to the repair or restoration of the Proparte shall be used first to pay any amount. owing to Lender under this Deed of Trust, then to pay accrued interest, and the remainder, if' any, Shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Graritor's interests may appear. Compliance with Existing, Indebtedness. During the period in which any Existing Indebtedness described below is in effect, compliance with the insurance provisions contained in the instrument evidencing such Existing Indebtedness shall constitute compliance with the insurance provisions under this Deed of Trust, to the extent Compliance with the terms of this Deed of Trust would Constitute a duplication of insurance requirement. If any proceeds from the Insurance become payable on loss, the provisions in this Deed of Trust for division of proceeds shall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. LENDER'S EXPENDITURES. If Grantor fails (A) to keep the Property free of all taxes, liens, security Interests, encumbrances, and other claims, (8) to provide any required insurance on the Property, (CI to make repairs to the Property or to comply with any obligation to maintain Existing Indebtedness in good standing as required below, then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's interests in the Property, then Lender On Grantor's behalf may, butis not required to, take any action that Lender believes t0 be appropriate t0 protect Lender's interests, All expenses incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will • (A) • be payable On demand; (BI be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (21 the remaining term of the Note;. or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies t0 which Lender may be entitled on account of any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed 0f Trust: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or In the Existing Indebtedness section below or in any title insurance. policy, title report, or final title opinion issued in favor of; and accepted by, Lender in connection with this Deed of Trust, and lb) Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense. of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender under this Deed of 'Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such inatruments as Lender may request from time to time to permit such participation, Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property Complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Promises. All promises, agreements, and statements Grantor has made in this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature and shall remain in full force and effect until such time as Grantor's Indebtedness is paid in full. EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust: Existing Lien. The lien of thia Deed of Trust securing the Indebtedness may be secondary and inferior tow existing lien. Grantor expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for such indebtedness. No Modification. Grantor shall not enter into any agreement with the holder of any mortgage, deed of trust, or other security agreement which has priority over this Deed Of Trust by which that agreement is modified, amended, extended, or renewed without the prior written Consent of Lender. Grantor shall neither request nor accept any future adva oes.under any such security agreement without the prior written consent of Lender. CONDEMNATION. The following provisions relating to condemnation proceedings are a part Of this Deed .of Trust: Proceedings. If any proceeding in condemnation is filed, Gra0tor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action. and obtain the award. Grantor may be the nominal party in Such proceeding, but Lender shall be entitled to participate In the proceeding and to be represented In the proceeding by counsel of its own choice, and Grantor will deliver Of cause to be delivered to Lender such instruments and documentation as may be 04/02/2007 13:46 9706253558 FRATZKE PAGE 04/08 DEED OF TRUST Loan No: 4150888701 (Continued) Page 5 Grantor gives Lender written notice of the claim and, furnishes Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply, Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness. Or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs .with respect to any guarantor,. endorser, Surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Insecurity. Lender has reasonable cause to believe Lender is insecure or that Lender's collateral is impaired. , Existing Indebtedness. The payment of any installment of principal or .any interest on the Existing Indebtedness is .not made within the time required by the promissory note evidencing such indebtedness, or a default occurs under the instrument securing such. indebtedness and is not cured during any applicable grace period in such instrument, or any Suit or other action is commenced to foreclose any existing lien on the Property. RIGHTS AND REMEDIES ON DEFAULT. Subject to any applicable notice and cure provisions under 'Colorado law, if an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies: Election of Remedies. All of Lender's rights and remedies will be cumulative and may be exercised •alone or together. 'An election by Lender to choose any one remedy.will not bar Lender from using any other remedy. If Lender decides to spend money or to perform any Of Grantor's obligations under this Deed of Trust, after Grantor's failure to do so, that decision by Lender will not affect Lender's right to declare Grantor in default and to exercise Lender's remedies. Accelerate Indebtedness. Lender shall have the right at its option to declare the entire Indebtedness immediately due and payable, including any prepayment penalty which Grantor would be required to pay. Foreclosure. Lender shall have the right to Cause all or any part of the Real Property, and Personal Property, if Lender decides to proceed against It as if it were real property, to be sold by the Trustee according to the laws of the State of Colorado es respects foreclosures against real property. The Trustee shall give notice in accordance with the Taws of Colorado, The Trustee shall apply the proceeds Of the sale in the following order: (a) to all costs and expenses of the sale, including but not limited to Trustee's fees, attorneys' fees, and the'cost Of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, 50 the person or persons legally entitled to the excess. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the, rights and remedies of a secured party under the Uniform Commercial Code. CollectRents. Lender shall have the right to take possession of and manage the Property and collect .the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, egainat the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments ofrent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorneyin•fact to endorse instruments received in payment, thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by ,tenants or other users. to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right t0 the appointment of a receiver shall exist whether or not the apparent value Of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall. not disqualify a person from serving as a receiver. Receiver may be appointed by a court of competent jurisdiction upon ex parte application and without notice, notice being expressly waived. Tenancy at Sufferance. if Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. • Other Remedies. Trustee or Lender shall have any other right or remedy, provided in this Deed of Trust or the Note or available at law or in equity. Sale of the Property. In exercising its rights and remedies, Lender shall be free to designate on or before it files a notice of election and demand with the Trustee, that the Trustee sell all or any part of the Property together or separately, In one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property.' Upon any sale of the Property, whether made under a power of sale granted in this Deed of Trust or pursuant to judicial proceedings, if the holder of the Note is a purchaser at such. sale, it shall be entitled to use and apply all, or any portion of, the Indebtedness for or in settlement or payment of all, or any portion of, the purchase price of the Property purchased, and, in such case, this Deed of Trust, the Note, and any documents evidencing expenditures secured by this Deed of Trust shall be presented to the person conducting the sale in order that the amount of Indebtedness so used or applied may be credited thereon as having been paid. Attorneys' Fees: Expenses. If Lender forecloses or institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall beer interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph. include, without limitation, however subject to any limits underapplitabte law, Lender's reasonable attorneys' fees not in excess of fifteen percent (1596) of the unpaid.debt after default and referral to an attorney not Lender's salaried employee whether or not there is a lawsuit, including reasonable attorneys' fees and expenses for bankruptcy Proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees 'for the Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. Rights of Trustee. To the extent permitted by applicable law, Truatee shall have all of the rights and duties of Lender as set forth in this section. NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unease otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices Of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Any person may change his or her address fornotices under this Deed of Trust by giving formal weittan notice to tho other person or psrOOr. , .puclfylne that <nm pu,ee.o er <ha ne<,cs i. to 04/02/2007 13:46 9706253558 FRATZKE DEED OF TRUST Loan No: 4150888701 (Continued) PAGE 05/08 Page 7 Lender. The word "Lender" means Alpine Bank, its successors and assigns. The words "successors or assigns° mean any person Or company that acquires any interest in the Note. Note. The word "Note" means the. promissory note dated January 8, 2007. in the original principal amount of $195,500.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, o0nsolidationsof, and substitutions for the promissory note or agreement, The maturity date of the Note is January 10, 2009. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words"Personal Property" mean all equipment, fixtures, and Other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all, substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds Of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property.• Real Property_ The words "Real Property° mean the real property, interests and rights, as further described in this Deed of•Trust. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements. loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and. all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. Trustee.' The word "Trustee" means the. Public Trustee of GARFIELD County, Colorado. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST. AND EACH GRANTOR AGREES TO ITS TERMS. GRANTOR: BRIAN D. FRATZKE X 1Lti / KATHE INE B. FRATZKE STATE OF INDIVIDUAL ACKNOWLEDGMENT COUNTY OF ISS On this day before me, the undersigned Notary Public, personally appeared BRIAN D. FRATZKE, to me known to be the individual described in end who executed the Deed of Trust, and acknowledged that he or she signed the Deed of Trust as his or her free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and ocial seal this day of ffi, 20 fay Residing at Notary Public in and for the State of My commission expires STATE OF INDIVIDUAL ACKNOWLEDGMENT COUNTY OF )SS On this day before me, the undersigned Notary Public, personally appeared KATHERINE B. FRATZKE, to me known to be the individual described in and who executed the Deed of Trust, and acknowledged that he or she signed the Deed of Trust as his or her free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this day of , 20 By Residing at Notary Public in and for the State of My commission expires wee a"O tend.. v«.y.:u.ap.pp� rqp, huuna a....a, w, e}lr. Urn u agn.a GO a,NTmernvn w, ac m mi , wrp 04/02/2007 13:46 9706253558 FRATZKE PAGE 06/08 DEED OF TRUST Loan No: 4150888701 (Continued) Page 6 change the person's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's- Current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice givenby Lender to any Grantor is deemed to be notice given to all Grantors. It will be Grantor's responsibility to tell the others of the notice from Lender. MI$CELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. What is written in this Deed of Trust and in the Related Documents is Grantors entire agreement with Lender concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to this Deed of Trust must be in writing and must be signed by whoever will be bound or obligated by the change or amendment. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions Of this Deed of Trust. Merger, There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to• the extent not preempted by federal law, the laws of the State of Colorado without regard to its conflicts of law provisiOns. This Daed of Trust has been accepted by Lender in the State of Colorado. • Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Garfield County, State of Colorado_ • Joint end Several Liability. All obligations of Grantor under this Deed of Trust shall be joint and several, and all referenoeS to Grantor shall mean each and every Grantor. This means that each Grantor signing below is responsible for all obligations in this Deed of Trust. • No Waiver by Lender. Grantor understands Lenderwill not give up any of Lender's rights under this Deed of Trust unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender does agree in writing to give up one of Lender's rights, that does not mean Grantor will not have to comply with the other provisions of this Deed of Trust. Grantor also understands that if Lender does consent to a request, that does not mean that Grantor will not have to get Lender's consent again if the situation happens again. Grantor further understands that just because Lender consents to one or more of Grantors requests, that does not mean Lender will be required to consent to any of Grantor's future requests. Grantor waives presentment, demand for payment, protest, and notice of dishonor. In the event Lender institutes legal process to obtain possession of the Property and to the extent permitted by law, Grantor hereby knowingly and voluntarily waives any right to a hearing prior to a court order granting Lender the right to take possession of the Property. Grantor waives all rights of exemption from execution or similar law in the Property, and Grantor agrees that the rights of Lender in the Property under this Deed of Trust are prior to Grantor's rights while this Deed of Trust remains in effect. • Severability. If a court finds that any provision of this Deed of Trust is riot valid or should not be enforced, that fact by itself will not mean that the rest of this Deed of Trust will not be valid or enforced.. Therefore, a court will enforce the rest of the provisions of this Deed of Trust even if a provision of this Deed of Trust may be found to be invalid or unenforceable. Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantors interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor; may deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other party. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Colorado as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust Beneficiary. The word "Beneficiary" means Alpine Bank, and its successors and assigns. Borrower. The word "Borrower" means BRIAN D. FRATZKE and KATHERINE B. FRATZKE and includes all co-signers and co'makers signing the Note and all their successors and assigns. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Environmental Laws. The words "Environmental Laws" mean .any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the ,Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub, L. No.. 99-499 ("SARA"), the Hazardous Materials, Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicablestate or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words ''Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of default section of this Deed of Trust. Existing Indebtedness. The wards "Existing Indebtedness' mean the indebtedness described in the Existing Liens provision of this Deed of Trust. Grantor. The word "Grantor" means BRIAN 0. FRATZKE and KATHERINE B. FRATZKE. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materiels that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, Coats and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust, together with Interest on such amounts as provided In this Deed of Trust. Specifically, without limitation, Indebtedness includes all amounts that may be indirectly secured by the Cross -Collateralization provision of this Deed. of Trust. 04/02/2007 13:46 9706253558 FRATZKE PAGE 07/08 DEED OF TRUST Loan No: 4150888701 (Continued) Page 4 requested. by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any partof the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following' provisions relating to governmental taxes, fees and charges are a part of thls Deed of Trust Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lenders lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred In recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentary stamps; and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a epeci.flc tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; '(3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (4) a specific .tax on all or any portion of the Indebtednees or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section appliee is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender Cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating t0 this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shell have all of the rights of a secured party under the Uniform Commercial Code es amended from time to time. Security Interest. Upon request by Lander, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Personal Property, In addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization from Grantor, file executed Counterparts, Copies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all .expenses incurred in perfecting or continuing this Security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any 'Personal .Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3). days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating t0 further assurances and attorney-in-fact ere a part of this Deed of Trust: Further Assurances. 'At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate,complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, thls Deed of Trust, and the Related Documents, and (21 the liens and security interests created by this Deed of Trust on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection. with the matters referred to in this paragraph. Attomey-in-Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. Upon the full performance of all the obligations under the Note and this Deed of Trust, Trustee may, upon .production of documents and fees as required under applicable law, release this Deed of Trust, and such release shall constitute a release of the lien for all such additional sums and expenditures made pursuant to this Deed of Trust. Lender agrees to cooperate with Grantor in obtaining such release and releasing the other collateral securing the Indebtedness. Any release fees required by law shall be paid by Grantor, if permitted by applicable law. EVENTS OF DEFAULT. At Lender's option, Grantor will be in default under this Deed of Trust If any of the following happen: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Break Other Promises. Grantor breaks any promise made to Lender or fails to perform promptly at the time and strictly in the manner provided in this Deed of Trust or in any agreement related to this Deed of Trust. Compliance Default- Failure to comply. with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or in any of the Related Documents. Default on Other Payments. Failure of Grantor within the time required by this Deed. of Trust to make arty payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any. lien. False Statements. Any representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished. Defective Collateralisation. This Deed of Trust or any of the Related Documents ceases to be in full force and effect )including failure of any collateral document 16 create a valid and perfected security interest or lien) at any time and, for any reason. • Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any pare of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any, proceeding under any bankruptcy Or insolvency laws by or against Grantor. Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Grantor's property in which Lender has a lien. This includes 'taking of, garnishing of or levying. on Grantor's accounts with Lender. However, if Grantor disputes in good faith whether the claim on which the taking of the Property is based is valid or reasonable, and if 04/02/2007 13:46 9706253558 FRATZKE PAGE 08/08 DEED OF TRUST Loan No: 4150888701 (Continued) Page 2 all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL. OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as Otherwise provided in this Deed of Trust, Grantor shall pay to Lender all amounts secured by this' Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Grantor's obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and Use of the Property shall be governed by the following provisions:. .Possession anal .use_ Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; 12) use, operate or manage the Property; and (3) collect the Rents from the Property. • Duty to Maintain_ Grantor shall maintain the Property in good condition' and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except es previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender In writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted In compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly Sustain or suffer resulting from a breach of this Section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section Of the Deed of Trust, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall notbe affected by Lender's acquisition of any Interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance' nor commit, permit, or suffer any stripping of or waste on or to INC Progeny or any portion of the Property. Without limiting the generality of the. foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written eensent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental' authorities applicable to the use or occupancy of the Property. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's, interests in the Property are not jeopardized- Lender may require Grantor to post adequate security or a surety bond,reasonably satisfactory to Lender, to protect Lender's interest. . Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER_ Lender may, at Lender's option, declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer' means the conveyance of Real Property or any right, title or interest in the Rea( Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale Contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease -option contract, or by sale, assignment, or transfer of any beneficial interest in or to any and trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property- However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Colorado law. TAXES. AND LIENS. The following provisions relating to the taxes and liens on the Property ere part of this Deed of Trust: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer), fines and impositions levied against or:on account of the Property, and shall pay when due all claims for work done On or for servicesrenderedor material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due, except for the Existing Indebtedness referred to below, and except as otherwise provided in this Deed of Trust. Rightto Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as. Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the, lien arises or, if a lien is. filed, within fifteen (18) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien ,plus any costs and reasonable attorneys' fees, or other charges that could accrue as a result Of a foreclosure or sale under the Sen. In any contest, Grantor ahall defend itself and Lender and shag satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment- Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or 04/02/2007 13:46 9706253558 FRATZKE C:1,) 38-/- 3y7 0 ) 5r. (LC- ty Lip Li_ r 19n PAGE 01/08 I. PROCEDURAL REQUIREMENTS A. One of the following 3 procedures shall apply to a request for an Amended or Corrected Plat. 1. Application for an amendment to a recorded plat may be made, if the amendment a) does not increase the number of subdivision lots or dwelling units, b) results in the major relocation of a road or add new roads, or c) does not result in the relocation of property lines between more than two adjacent properties. An application for an amended plat shall be considered by the Board at a regularly scheduled public meeting. If approved, the amended plat shall comply with plat requirements outlined below (subsection B). 2. An application for an amendment to a plat of an existing subdivision, established prior to County subdivision regulations, that does not have an approved Preliminary Plan to verify the consistency with the proposed amended plat, or that results in the relocation of property lines between more than two (2) adjacent properties shall be subject to the criteria and public meeting requirements as follows: / r A. The Board shall not approve an applicion for an amended plat as mentioned above unless the applicant has satisd the following criteria: 1) All Garfield County zoning requirements will be met; 2) 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; 3) Provision has been made for an adequate source of water in terms of both the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot; 4) All applicable state and local environmental health and safety requirements have been met or are in the process of being met; 5) Provision has been made for any required road or storm drainage improvements; 6) Fire protection has been approved by the appropriate fire district; 7) Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained; and 8) School fees, taxes and special assessments have been paid. B. The Board shall consider the amended plat request at a public hearing. The applicant shall be solely responsible for the publication, posting and mailing of all notices and shall present proof of publication and mailing at or before the meeting. If proper notice has not occurred, the public hearing will not occur. Notice for the meeting shall be given as follows: (1) Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed amendment and nature of the meeting, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such meeting, and proof of publication shall be presented at hearing by the applicant. (2) Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such meeting time by certified return receipt mail, and receipts shall be presented at the meeting by the applicant. (3) The site shall be posted such that the notice is clearly/and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least/thirty (30) but not more than sixty (60) days prior to the hearing date and is,tie sole responsibility of the applicant to post the notice, and ensure that,,rf remains posted until and during the date of the hearing. If approved, the corrected plat shall comply with the requirements outlined below (subsection B). 3. A correction may be made to an approved gut, if the sole purpose is to correct technical errors such as minor surveying errors ancVdrafting errors, and the correction is consistent with the approved Preliminary Plan. Within thirty (30) days of being deemed in technical compliance, the corrected plat shall b,''brought before the Board at a regularly scheduled public meeting for review and decisjdn. If approved, the corrected plat shall comply with the requirements outlined below (subsection B). B. Upon approval of an Amended or Corrected Plat by the Board, the following plat requirements shall apply: A plat titled "Amended Finet'Plat of (subdivision name)" shall be signed and dated by the County Surveyor, then signed anddatedby the Chairman of the Board, as a consent agenda item, at a regularly scheduled Board meeting, and recorded in the Clerk and Recorder's Office of Garfield County within ninety (90) days of Board approval. The Amended Plat shall meet the minimum Colorado Revised Statues ("CRS") standards for land survey plats, as required by Colorado state law, and approved by the County Surveyor and shall include at leg t the information as outlined in Section 5:22 [Final Plat Requirements] of the Garfield County Subdivision Regulations. C. Application process steps: 1. Submit this completed application form, base fee, and all submittal requirements outlined below to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical compliance (completeness). 3 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT FEE SCHEDULE Garfield County, pursuant to Board of County Commissioners ("Board") Resolution No. 98-09, has established a fee structure ("Base Fee") for the processing of each type of subdivision and land use applications. The Base Fee is an estimate of the average number of hours of staff time devoted to an application, multiplied by an hourly rate for the personnel involved. The Board recognized that the subdivision and land use application processing time will vary and that an applicant should pay for the total cost of the review which may require additional billing. Hourly rates based on the hourly salary, and fringe benefits costs of the respective positions combined with an hourly overhead cost for the office will be used to establish the actual cost of County stafftime devoted to the review of a particular project. Actual staff time spent will be charged against the Base Fee. After the Base Fee has been expended, the applicant will be billed based on actual staff hours accrued. Any billing shall be paid in full prior to final consideration of any land use permit, zoning amendment or subdivision plan. If an applicant has previously failed to pay application fees as required, no new or additional applications will be accepted for processing until the outstanding fees are paid. Checks, including the appropriate Base Fee set forth below, must be submitted with each land use application, and made payable to the Garfield County Treasurer. Applications will not be accepted without the required application fee. Base Fees are non-refundable in full, unless a written request for withdraw from the applicant is submitted prior the initial review of the application materials. Applications must include an Agreement for Payment Form ("Agreement") set forth below. The Agreement establishes the applicant as being responsible for payment of all costs associated with processing the application. The Agreement must be signed by the party responsible for payment and submitted with the application in order for it to be accepted. The complete fee schedule for subdivision and land use applications is attached. GARFIED COUNTY BUILDING AND PLANNING DEPARTMENT BASE FEES The following Base Fees shall be received by the County at the time of submittal of any procedural application to which such fees relate. Such Base Fees shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board for the consideration of any application or additional County staff time or expense not covered by the Base Fee, which have not otherwise been paid by the applicant to the County prior to final action upon the application tendered to the County. TYPE OF PROCEDURE BASE FEE Vacating Public Roads & Rights -of -Way $400 Sketch Plan $325 Preliminary Plan $675 + application agency review fees and outside consultant review fees, as authorized pursuant to the Regulations, such as the Colorado Geologic Survey Final Plat $200 Amended Plat $100 Exemption from the Definition of Subdivision (SB -35) $300 Land Use Permits (Special Use/Conditional Use Permits) ■ Administrative/no public hearing $250 • Board Public Hearing only $400 • Planning Commission and Board review & hearing $525 Zoning Amendments ■ Zone District map amendment $450 • Zone District text amendment $300 • Zone District map & text amendment $500 • PUD Zone District & Text Amendment $500 • PUD Zone District Text Amendment $500 Board of Adjustment • Variance $250 • Interpretation $250 Planning Staff Hourly Rate • Planning Director $50.50 • Senior Planner $40.50 • Planning Technician $33.75 • Secretary $30 County Surveyor Review Fee (includes review of Amended Determined by Surveyor$ Plats, Final Plats, Exemption Plats) Mylar Recording Fee $11 — 15' page $10 each additional page Paget The following guidelines shall be used for the administration of the fee structure set forth above: 1. All applications shall be submitted with a signed Agreement for Payment form set forth below. 2. County staff shall keep accurate record of actual time required for the processing of each land use application, zoning amendment, or subdivision application. Any additional billing will occur commensurate with the additional costs incurred by the County as a result of having to take more time that that covered by the base fee. 3. Any billings shall be paid prior to final consideration of any land use permit, zoning amendment, or subdivision plan. All additional costs shall be paid to the execution of the written resolution confirming action on the application. 4. Final Plats, Amended or Corrected Plats, Exemption Plats or Permits will not be recorded or issued until all fees have been paid. 5. In the event that the Board determines that special expertise is needed to assist them in the review of a land use permit, zoning amendment, or subdivision application, such costs will be borne by the applicant and paid prior to the final consideration of the application. All additional costs shall be paid prior to the execution of the written resolution confirming action on the application. 6. If an application involves multiple reviews, the Applicant shall be charged the highest Base Fee listed above. 7. Types of "Procedures" not listed in the above chart will be charged at an hourly rate based on the pertinent planning staff rate listed above. 8. The Planning Director shall establish appropriate guidelines for the collection of Additional Billings as required. 9. This fee structure shall be revised annually as part of the County budget hearing process. Page 3 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete and will request additional copies for the Board to review. In addition, shall the request require a public hearing, Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested amended or corrected plat. 3. The Applicant is required to appear before the Board at the time and date of the public hearing or public meeting at which time the Board will consider the request. Should the request require a public hearing, the Applicant shall provide proof, at the hearing, that proper notice was provided. 4. Once the Board makes a decision regarding the amended or corrected plat request, Staff will provide the Applicant with a follow-up letter outlining the action taken by the Board. II. APPLICATION SUBMITTAL REQUIREMENTS jTheToTlowing steps outline how an amended or corrected plat application review process works in Garfield County.) A. The following application submittal requirements shall only be applicable to Procedure 1 and 3 listed above in the "Procedural Requirements" section of this application. The application for an amended plat or corrected plat shall be submitted with the following: 1. A narrative explanation of the reason for the application. 2. The consent of all land owners involved. Copy of the deed showing ownership of the parcel(s), or a letter from the property owner(s), if other than the applicant. 3. A plat shall illustrate the parcel(s) prior to adjustment and subsequent adjustment. 4. The Applicant shall sign the "Agreement For Payment" form and provide the Base Fee of $100.00 with the application. 5. Provide 2 copy of the Application. Staff will request additional copies once the application has been deemed technically complete. B. For Procedure 2 listed above in the "Procedural Requirements" section of this application, the following supplemental information shall be submitted with the application: 1. Narrative explaining why the amended plat is being requested. 2. A plat shall illustrate the parcel(s) prior to adjustment and following the adjustment. The plat shall delineated the fathering and receiving parcel(s) and/or boundary line(s) prior to adjustment, and the parcel(s) or boundary line(s) transferred/relocated following the adjustment. 3. Copy of the deed showing ownership of the parcel(s), or a letter from the property owner(s), if other than the applicant. 4 04/02/2007 14:27 9706253558 FRATZKE PAGE 02/02 Garfield County Building and planning Department 108 8th Street #401 Glenwood Springs, Colorado 81601 To Whom It May Concern, I am submiting this application to request the recording of an amendment of my original plat. The reason for this amendment is because the existing plat does not show the possibility of flash flooding from three seperate drainages as well as a probable intrusion on a wetlands while building a usable road to the current site. Feel free to contact me at 309-3025 daytime or 625.3553 evenings if needed. Thank you for your prompt Sincerely, to this request. Brian Fratzke File Nance: Date Application Submitted: z Tech. Comp. Check Due: NTC Letter Sent: TC Letter Sent: Public Notice Sent: Meeting Date: Meeting Type: PII / PM BOCC / PC Date Agenda Request Submitted Referrals Sent: Site Visit Conducted: Meeting Outcome: Follow-up Letter Sent: Approval Expire. Date: Conditions Met: Bill sent: Bill Paid: Permit Written: Permit signed: Resolution #: Resolution signed: Case Closed: 1://q via April 05, 2007 Brian Fratzke 0167 Fox Run Rifle, CO 81650 (1::, Garfield County BUILDING & PLANNING DEPARTMENT RE: Amended Plat for Tract 1,Tamburello North Exemption Dear Mr. Fratzke: Thank you for the application you submitted to this office on April 02, 2007 regarding the plat amendment for Tract 1 of the Tamburello North Exemption. The purpose of this letter is to notify you that the application has been deemed technically complete. Please understand that a determination of technical completeness by this office shall not be deemed a recommendation of approval, finding of adequacy of the application, or a finding of general compliance with any goal or objective of the Garfield County Subdivision Regulations or Zoning Resolution. The application will be reviewed by Staff, a staff report will be generated and sent to you, and the Board of County Commissioners will discuss and review the application at a public meeting which has been scheduled for the regular meeting of April 16th, 2007 at 1:15 PM. The meeting will be held in the Commissioners' Meeting Room in the Garfield County Administration Building, 108 8th St., Glenwood Springs, CO 81601. In addition, please submit 6 copies of the full application materials to this office no later than April 10th , 2007. (Reduced versions of large plans are acceptable for the copies.) I look forward to working with you in the processing of this application. Do not hesitate to contact me in the event you have any questions. Very truly yours, 7,144, Mary Ray, Senior Planner 970.945.8212 108 Eighth Street, Suite 401 • Glenwood Springs, CO 81601 (970) 945-8212 • (970) 285-7972 • Fax: (970) 384-3470 7-7 (71 N\Nuss1 DF TT, : LE LS vd ZIC-t796-0L6 RECEIVE APR 0 6 2007 GAR!' 1.azi..L., COUNTY BUILDING AVN/NG eoglo LO 90 .idy rage 1 of 1 Brian F From: <KUULHEAT@aol.com> To: <FishlipsJ©Wil owwisp.net> Sent: Thursday, April 05, 2007 7:14 PM Subject: Horne location To whom it may concern at the Garfield county Bid. I Doug Nielsen Owner of Track 3 of the Tamberilo North exemption property could care less where Bien Fratzke builds his home as long as it is on his property and maintains proper easments from the road. If you have any question regarding this matter please feel free to call me . home # 876-0439 cell 379-4274 . Respectfully: Doug Nielsen, See what's free at AOL.com_ Z'd Z 6 l.0 -t796 -0L6 APR 0 6 2407 BUI LDI NG /'�9/ U VTY G 4/5/2007 809:L0 LO 90 AV 04/02/2007 14:27 9706253558 FRATZKE PAGE 01/02 Date 4/2/2007 Attention Cathi Company Garfield County Fax 384-3470 Copy Fax Monroe &Newell Frypnoael. low Structural Engineers .rc,Kr,Dillon Monroe & Newell Enzineers, Inc, 0167 Fox Run Rifle, CO 81650 (970) 625-3558 Phone & Fax idratzke@monroe-newell.com FACSIMILE TRANSMITTAL LETTER Pages (including transmittal): From Kate Fratzke, Controller Subject Tamburello North Message First contact phone number is Brian at 309-3025. If that fails, please call me at 625-3558 or 948- 0400. Are we going to owe more money for this or is this included in the fees we have already paid the county? Please call me with any questions, If transmittal is not as indicated please notify sender 2664 Plminom Spoarur Thor Col r,do Chapter or 7!t Arotriotu raatitotc or Archltecb W WV4".mOnroe-newelLcom Denver, Vail, and Frisco Offices