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HomeMy WebLinkAbout1.0 ApplicationRECEIVED !1IR 2 2001 Amended Plat Application Form Applicant Name: Joanne Lowe Nelson and Gilbert D. Lowe Please attach a brief description of the amendments to take place, then sign and attach to this application. Subdivision Name: Elk Creek Subdivision Owner: Joanne Lowe Nelson Engineer/Planner/Surveyor: n/a Location: Block 2, Lots 1,2,3 Section 25 Township 5 Range 91 Change in Public Access? YES (NO)f Yes Where? Existing Zoning: Residential 41 m C tA D Change in Easements? YES NO If Yes Where? Original Lot(s) Size(s) existing lot sizes are 60' x 110' proposed change from 3 lots to 1 lot 180' x 110' Planning Department Review Fee: County Surveyor Review Fee: Total Filing Fee: $100.00 $40.00 $140.00 Joanne Lowe Nelson 0787 C.R. 223 Rifle, CO 81650 February 28, 2001 Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Amended Platt Application 0057 Ute Avenue, New Castle, Colorado Sec 25 Twp 5 R91 Elk Creek Development Block 2, Lots 1,2,3 This application is being submitted for the purpose of eliminating the lot lines dividing the above mentioned lots in order to erect a larger structure without interfering with setbacks normally associated with individual lots. No access or easement will be affected by this proposed change. Submitted by: Joanne Lowe Nelson and Gilbert Lowe 7 rn 71 0 JJ II 0 lc Co I10' I iyf4ry�� �W 6N el; r.. 1 I'0' 11C • W 7e, 00•_''.' Qt O Ile 7 D N 0 • 9. Dole 0 i10 II0 \\ -J N N 0 0 N 40 0 S-B9'SS-oti kJ -FE AVE N � 0 :_ F 126.5 <. O EAST- - (J S a � �o `gib oo 9- N 0, J 9'SS' vk' 370 oo' 6 .^_ c• Q l9 0 l 0 'b RECORdED RT.g O'CIOCR P .i. MAR 30 1!!I 8JQ? rW![ *EC R 445693 M1LORED RLS0041• COMI 1Gi085 YNTT CLERK 1%. rune poems a gas aa. Ipptwr by On tww. ur Maass haerrslw rat 76-t1111 w Tina ninon M Mat INA rrinr4llM.11 MIDI/ TRAnINCTR1se, coro a.T 12mM. errtrrael.. TM% r• A I.it:A8. OraranllalM. W MOT tletWiden11/11, Lariat., tAx ne MURK (U1twees awssiA ea CONaII.Tkll e►RrRt aMMTM. THIS DEED OF TRUST is made this DEF.D OF TRUST Myelin Transfer - Stria!) 30t11 day of 'larch le 93 , between JOANNE LOME (Borrower), • li ne 'admit is P.O. ROI 621 SILT, CO 61632 and ''x Public Trustee of the Colony in which the Property (see paragraph 1) is situated (Trustee); for the benefit of CEARMAINV WOODARD (Lender), whose address is 6401 AUSTIN AVENUE, ODESSA, TI 79762 Borrower and Lender covenant and agree as follows: I . Pmperty 'n Trutt. Borrower, in conaiderstinn of the indebtedness herein recited and the trust herein created, hereby gutta and conveys to Trustee in trust, with power of sale, the following described property located in the County of OARFIELD State of Colorado• LOTS 1. 2 AND l BLOCS 2 UNIT I OF ELK CRi'EKK DEVELOPNENT COUNTY OF OARFIELD STATE OF COLORADO which has the address of 005'i UTE AVENUE, NEW CASTLE, CO 11647' (Property Address), together with all its appurtenances (Property). 2. Note; Other Obligations Secured. This Deed of Trus is given to secure to Lender: A. the repayment of the indebtedness evidenced by Borrower's note (Note) dated March 30, 1993 in the principal sum of TWENTY THOUSAND FIVE SUMMED & 00/100 U.S. Dollars, with interest on the unpaid principal balance from March 30, 1993 rate of 9.000 percent per annum. with principal and interest payable' at 6401 AUSTIN AVENUE, OD&SSA, TX 79762 or such other place as the Lender may designate, in 71 payments of THREE EUNDEED , until paid, at the FIFTY s 00/100 Dollars (U.S. S 350.00 ) due on the let day of each MONTE beginning June 01, 1993 ; such payments to continue until the entire indebtedness evidenced by aa.d Note is fully paid; however, if not sooner paid, the entire princip.: amount outstanding and accrued interest thereon, shall be due and payable on November 01, 1999 Borrower will pay the taxes and insurance ea;:h year when due and payable and will send a copy of the tax paid notice to Lender each year and will name Lender as Mortgagee on the Insurance policy; said will not be lean than the loan amount. and Borrower is to pay to Leerier r. late charge of 10 % of any payment not received by t'ie Lender wile 10 days after payment is due. and Borrower has the right to prepay the principal amount outstanding under said Note, in whok or in pan, at any time without penalty except none. B. the payment of all other sums, with interest thereon at 10 % per annum, disbunod by lender in accordart:c with this Deed of Trust to protect the security of this Deed of Trust; and C. the performance of the covenants and agreements of Borrower herein contained. 3. Title. Borrower covenants that Borrower owns and has the right to grant and convey the Property, and warrants title to tete same, subject to general real estate taxes for the current year, easements of record or in existence, and recorded declaration[. restrictions, reservations and covenants, if any, u of this date and except none . 4. Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Note. and late charges as provided in the Note and shall perform all of Borrower's other covenants contained it the Note. 5. Application of Payments. All payment received by Lender under the terms hereof shall be applied by Lender first in payment amounts due pursuant to paragraph 23 (Escrow Funds for Taxes and Insurance), then to amounts disbursed by Lender pursuant 10 paragraph 9 (Protection of Lender's Security), and the balance in accordance wih tis. term and conditions of the Note. e....t row A rt....ar Iyrrir - @e. N. 1•612102 N.. TD 72-1 1-0 Dowd of Trust Ms .a T.ar6r - auW 1 111)858P&ct086 Po... Monger. ma float of lr... (Toryee, Loan B.rrnwer than 1 ^renrtr an of I omovei s Wirehair under any prier deed of ane ma arty other raw hem Mtvweer shell per an u.ea, ••.eseenra.. and outer thea*.., bet .ed impreinin rte anritnn.hk m the Property retch Wray have or etude • priority n.er the brad of Trow. and lvaseM+M payments ser ground rents, Wary, in the manner .e nen m rearm* 13 Marrow Funds sew Tears and lnaunnce) or, if tea required to M peid in pack maw, by bnrmwer taking payment when den, directly In Lha payee thereof. begone the 6wegntirg, bormerer Ian not he required sit make peruses otherwise required by this paragraph if Sw,ewer, scree wake to Lender, ahe0 ie gond faith chest such ant/sloe by. or defeat enhriemnent of such melamine in. kg.l proceedings Mich mare M /revere the enfnareme a of to obligation or forfei ere of Ore Poverty or any pan thereof, only upna Anrnweer nekinty alt web contested partway and aka peynwr*s as ordered by the :mon M the registry of the coon in *arch such proceedings am fired 7 Properly In. ar*ece. Borrower than keep the itpmvenor*s nee examine or hemeeleer seemed on M Property armed seeing loss by fire or hazards included satin the ken 'extended em.vage' in M inward N Moe equal M M let.ee orf (I) the inn.nble ',shoe of the PmpMy nr (2) an smn.re wmkiere M pay the some waned by this Deed of Tam as well se any prim mvmMsncee ne the Properly. Alt or the trimming shell M known a. 'Property Lesesne. The imurance terrier provolone the inwreace than lar qualified en write Property Mauna* in Carried° and Ball he chosen by theorem abject to Lender's fight M eaject the chemo canter for reaennabk cane All insurance policies and reaewst thereof dun include s stand- ard mortgage clause ie Nem of Lender, and shell pmvlde rhes the in ..ranee carrier than maty Lander et .' 'g ten Ole le days hef ria motet Ionia termination ne any maunder charge of' cower . Inwmnce policies Oran he 6,m,,Md so lender et or before closing Lender shall have the ngta to hold the policies and renewals thereof. le the ever* of Ilse, i mower stall give prompt lathe to the insurance cellar and Leudet. Lender may make proof of lose if not mists pronee.y he Borrower. Inarence pmt:eade shell he applied to restoration ne repair of the Property damaged. pi -maid such restantion or repair is ecoomic.11y feseihk and the ea roily of this Deed of Tree is nor thereby impaired. If arch n toreenn or repair le nen economically feerohla or if the security of this Deed r (Trust would M impaired, the in.•.rence proceeds hall he applied to .re suns saund by this Deed of Trp. with the excess. if any, odd M lenronwer. If the Property is ah Indorsed by Borrower. ser if S.Nrnwar flails le respond in Lender within 30 days from the date make is given in accordance with pangnph 6 (Notice) by tender to Borrower that to insurance carrier offers o sends claim for insurance benefits, Larder is aulhor:red .o eeriest and apply the insurance proceed., .:vender's option, .ilher to n rearat.rm or repair of*: Pnpeny or to the some ,stared by this Deed of Tnts. Any such application of proceed, to principal shalt no extend or postpone the due dare of the installments referred to in pangraphe 4 (Paynrint of Principal and Interest) and 13 (Escrow Funds to Taxes and Imurence) or change the amount of such insalhtento Notwithnanding anything herein to the contrary, if under paregrar h 16(ActeleMiow; Foreclosure; ()Jur Remedas)the Property is acquired by Lender, all right, title end interest of Bon .seer in and to any laminae policies and in and to the proceeds thereof ranking front denwge to the Property prior to the ask or acquisition sell pees 10 Lender to the extent °f the sums secured by this Deed of Tont immcdiat.•ly prior so such sale or requisition. All of the riches of Sommer and Lender hereunder with respect ro immerses carriers, insurance policies and insurance proceeds are subject to the rights of any holder of a prior deed of trust with respect to rid insurance criers, policies and pmceeds. tl. Preservation end Maimemnce of Property. Borowher droll keep the Poperty in good repair and rha:1 not commit wage or permit permit armament or deterioration of the Property and sole comply with the provisions of an- !:.ass if this Deed of Trust is on • kawtall. Borrower shall perform all of Borrower's obligations under any declarations, covenants, by -Yea, rules, or other documents governing the um, ownership or occupancy of the Property. 9. Raectinh of Lender's Security. Except when Bomover has exercised Borrower's rights under pangnph 6 above. if the borrower fails to perform the covenants ltd agreements contained in this Deed of Trust, or ifs default occurs in a prier lien. or if any stoat or proceeding is commenced which materially elects Lender's interest in the Property, then Lender. N Lender's option, eith noire to Borrower if required by law, may take such eppearancea, davhurse such sums and take such ocean as is necessary so protect Lender's intens, including, but not limited to, die unenent of rea.nr.hk ammrrey's fee. and entry upon the Property to make repaint. Borrower hereby assign* o Lender any right Ikeower may have by reason of ar.y prior encumbrance on die Property or by kw cr ctbenvise to cure any default under mid prix encumbnm:e. Any amounts disbursed by Lend:r pursuant 10 this paragraph 9, with interest thereon, than become additional irdebtednees of Borrower secured by this Deed of Trust. Such 'manna dull be payable upon nice tom Lender to &xrower requesting payment theeo(. and Lender may bring suit to collect any amounts so disbursed plus interest specified in paragraph 28 (Note; Other Obligor:one ::cured). Nothing contained in this paragraph 9 shall require lender to incur any expense or take any action hereunder. 10. Inspection. Lender nay make or cased to be made reasonable entries w on and inspection of the Property, provided that Lender shall give Borrower notice prior to any such inspection specifying neeaeble c ruse therefor related to Lender's interop in the Property. 11. Condemntiota. The proceeds of any sward or claim for damages, direr' or consequential, in connection with any condemnation or other taking of the Property, or pen thereof. or foe conveyance in lieu .'condemnation, ars hereby *aired and shall be paid to Lender as herein provided. Hewer, all of the righa of Borrower and Larder hereunder with respect to such proceeds are subject to thc rights of any holder of a prior deed of trust. In the event of a total taking of the Popery, the proceeds sag be applied Io the sums secured by this Deed of Trust, with to excess, if any. paid 10 Boemwer. In the event of a partial urine of the Property, the proceeds remaining Mist taking on any pan of Its award due any prior Ilan holder (net award) than be divided katween Lander and Burrower, in the semi olio as the amour* of the sums secured by this Deed of Trust immediately prior to the da_. of taking Man to Borrower's equity in the Property Immediately prix to the date of taking. Borrower's equity in the Property Weans the fair market value of the Property lea is .mount of sums secured by bah this Deed of Trost and all prior liens (except taxa) that are to receive any of tie award, all et the value immediately prior to the data of Iakinj. lithe Property is abandoned by Borrower, or if, Mist nice by Lender to Borrower that the condemnor offer to make an award ae settle a claim for damages, Borrower fails to respond to Lander within 30 days after the date such notice :a given. Lender is swhor'nd to tither and apply the proceeds, at Lender's option, either to remontioh or repair of the Property oro the suns secured by this Deed of Trust. Any such application of proceeds to principal dolt not extend or postpone the due date of the installments referred to in paragraphs 4 (Payment of Principal and !MEMO) and 23 (Escrow Funda for Taxes and Insurance) nor change the amount of such installments. 12. Boevnwer Na Released Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust gamed by lander to any a: maser in interest of Borrower shall n operate to release, in any rammer, der liability of the original Borrower, nor aortowe:'s successors in ireeres , from the original terms of this Deed of Trust. lander dull not be required to commence proceedings .gemst such successor or refuse 10 extend rim: for payment or aherm/is. modify amortization of the suns secured by this Deed of True by moon of any demand made by the original Borrower nor Borrower'. successors in interest. (3. Forhearea:e by Lander Na a Waiver. Any forbearance by Lander in exercising any right or remedy hereunder, or otherwise afforded by law, d; all not be a waiver or preclude the exer^.iaa of any such right or remedy. 14 Remedies C.rmuktive. Each remedy provided in the Note and this Deed of Trust is distinct from and cunolativ- to all other nghis or reredaa under the Note ltd this Deed of Trus or afforded by Ire or equity, ltd may he exercised concurrently, independently Of successively. (5. Succeerora e,d Assigns Bound; Joint and Several Liability; Caption.. The covenaias and agreements herein contained sell bind, and the rights hereunder shall inure to, the respective successor and assigns of Lender and Borrower, subject to the provisions of paragraph 24 ((runner arta Properly; Assumption). All covenants and agreements of Borrower' all be joint and several. The captions and headings of the paragraphs in this Dad "(Taus are for convenience only ltd are n to be used in interpret or define the provision hereof. (6. Notice. Exo •ot for any nice required by law to be given in another manner, (a) any notice to Borrower provided for in this Deed of Tag dull in writing and dull be given and to effective upon (1) delivery to Bowrower or (2) mailing such notice by firm -class U.S. mail, addressee to Borrower at Borrower's address eared herein ors such other address es Borrower may deaigate by make to Lender as provided' -^rein, and (b) any nice to Lender cull be in writing and shall he given and he effective upon 1) delive.y to Lender or (2) mailing such Kake by firs -class U 3. moil, to Lander'; ed•lnse staled herein oto such other &lana to Lender way dssigm , by nice to Borrower eo provided herein. Any notice provided for in this Deed of Trull shall be deemed to have been given to Borrower or Lender when gismo int any rasher designated herein. 17. Ooverainq L ,v; Severability. The Nae and this Deed of Tag dull be governed by the Ire of Colorado. In to event that any provision or clause o this Deed of Teri or the.Note conflicts wile the law, such conflict dull not affect other pre,. uioea of the Deed of True, or the Nae can be given effect without the conflicting provision. and to this end the provision of the Deed of Trust and Nae are declared to ),• te. Inn% 858O87 IA. Acreleretion; Poreehxsure; Other Remedies. teeth* es provided in paragraph 34 (f rerefer WON. Ptroperty; Awaritptktn), rpm Bort wen's breach of soy cowmen ar egtnemerd of Born w& in Acis Deed of True, or erne defor h ire a prior !lase opera the Property. Pinkie Borvnwer hes everei ed Borrower's rights under paragraph 6 shovel, at Linder'. nptkrn, all of the ramie steered by this Dead nitro* deo he hrmvdieely dee smut payable (Accekrninn). To itemise this Wino, lender miry ievnks the peer od ask and say other remedies permitted by Ino. Lender stn he entitled to collect .n reawuwhk costa sod reponse. incurred in pureeing the remedies provided in this Deed of Time, inetading, ha era kmriled to. reasonable attorney's fees. If Lend& invokes the power of ask, Lender than giver written notice to Tremae of such election Trustee tial! give such ureic. in Rnr ower of Borrower's rights as le smirked by kw. Trine* den ncnrd a copy of such entire ea squired by kw. Trustee sell .dv.nise Are time red pees of doe sale of the Property, for est leu thea fore weeks lo r newtpsper of general circulating' in each sanity in which the Proper, is situated, end sad mail copies of each meet of sale to Borrower red oohs peewee as prescribed by law. Al.. the leper of such time ea may he required by law, Tempe* wi brad demand on Borrower, Mall sall ted Property ei public auction In the bight.. bidder for cub M **Low and place (which nay he on the Property or eny pan thereof as permitted by kw) in nue or more p.rc.l se Tnneee Wiry 'hick bee and )w such order se Terme nay tete mhw. Lender or Lender'. designee nay Arches* the Property M soy ask. R Man eel be nbligeory upon to pureheeer M any swell sale to we to the .(plication of ter porches* money. Trustee than apply the pmceeda of the sale no the 6llowing order: (el to all ewe ramble costa and expellees of the ask, khelud.ng, bet nee limned w. rcaennabk Tneee's red .nnney'e fete and toes of tide evidence; (b) as eft whore e.cwed by this Deed of Tse, and le) M wirers, if any. to the penmen or pecans legally entitled thereto. la. Borrower's Right In Cure D'e(knh. Wherever 6oacosun le commenced 6o nuupsynwti of any sums due hereunder, the owners of the Pmpeny re penia liable hereon Mall he entitled to cure slid defsuh. by paying all drlinquene principal and interne payments Pie as of the dew of can, cores, expenses, fee charges, ettnmey'a fees and neher fees all in the manner provided by kw. Upon etch paymen, this Deed of Trio and the oblig1iwa r,cured hereby shall remain in full fine and effect es though no Accekr.i a 4414 occurred_ and the foreclosure proceedings shall he diseaainued 20. Aeeignmen of Rena; Appointment of Receiver; Lander in Poseeslion. As additional eecurity hereunder, Borrower hereby satire to Lender Aha rents of the Property; however. Borrower shall, prior to Accelererin under paragraph 16 (Accekretioe; Foredooms; Other Remedies) or eh.ndo nnen of die Property, have the right in collect red retain arch nue. se they become due sod pa y.hle Lender or the holder of the Trainee's cenifrcate of puha.* shall he eniiled „p a receiver for to Prnpeny eller Acceleration under paragraph Ig (Acceleretkm; Foreclosure; Other Remedies), and shall oleo be so entitled during the time covered by foredoom proceedings and the period of redemption, if any; and Mall he entitled thereto as r mater of right without repot to Ara solvency rte insolvency of Borrower or of the Ilea owner of the Property, and without regard to the value thereof. Such receiver may be appointed by an Court of competent juridictmn wen ex pane appliea':oe and without notice • orrice being hereby expreeely waived. Upon Acceleretkoh under peragreplh 16 (Acceleration; Foreclosure; DIA& Remed...) or abandonment of the Property, Lander, in person, by agent or by judicially -appointed receiver, .hell be entitled to enter Upon, take poseeuiom of and menage the Properly end to collect the rents of the Property including those post due. All rents colkaaed by Lender or the receiver shall be applied, first, to payment of the toes ofpreeervstion and naegemen of the Property, second, to payments due upon prior line, red then to the oma secured by this Deed of Trust. Lender and the receiver Mall he liable to sccount only for those rens ..Wally received. 21. Release. Upon payment of an wrens secured by this Deed of Trull, Lender Mull cause Trustee to release this Deed anvil and Miall produce for Trustee the Nola. Borrower Mall pay all coats of recordation and shall pay the eatusoy Tneee's fee.. If Lender shall not produce the Noes as aforesaid, •ten Lender, upon notice in accordance with pangreph 16 (Notice) from Borrower to Lender, shall (+Main, at Lender'. expense, and file any last instrument bond required by Tnrae* or pay the con thereof to effect the release of this Deed of Trot. 22. Waiver of Exemption. Brrmwer hereby waives all right of Sonw.tcsd and any other exempaiao in the Property under era or federal kw presently existing or hereafter enacted. 23. Lem*: Fund. for Tae. and Insurance. This pmgreph 23 is no applicable if Furls as defined below are being paid purulent to a print encumbrance. Subject to applicahk law, Borrower shall pry to Lender on each day installments o(rin* .l and inane are die m payable under e N., until the Note is paid in 1611, . rum (herein referred a as 'Fund.') equal to $ • U . 00 of to yearly taxa end asseemens which may amain priority over this Deed of True, plus 1 0.00 of yearly premium installments for Prope..y Insurence, all a re.eoable .Minuend initially and from time to time by Lander on the basis of aseeser ens and bins and reawon.ble eMimatea thereof, taking ireo account any excess Funds not used or shortages. The principal of the Ponds shall be held in a cepuate account by the Lender in Inset for die benefit of the Borrower.nd deposited in an institution the depoeia or accounts of which are insured or guaranteed by a federal or rete agency. Lender Mull apply ted Funds to pay said axes, .sacrament* and insurance premiums. Lender may Win charge for so holding and applying the Funds, analyzing mid recount or verifying and compiling said assaumen. and hill.. Lender call not he required to pay Borrower any intents or earninge on the Funds. Lender sell give to Borrower, without charge, an annual accounting of the Funds stowing credits std d flits to de Funds and the purpose for which each debit h the Funds was rode. The Funds are p:edged as additional security for the .unit secured by this Deed of True. If the amount of Cie Funds held by Lender shall not be .utfhcitre to pay taxes, arernanens and neurone* premiums se they, ell der, Borrower shall pay to Lender any amount eceaury to make up the deficiency within 30 days from the date notice is given in accordance with paragraph 16 (Notice) by lender to Borrower requesting payment thereof. Upon payment in bull of all rums secured by this Deed of Tru., Lender shad simultaneously refund to amrtnwer any Fads het by Lender. If under paragraph IS (Acceleration; Foreclosure; Other Remedies) the Property is sold or the Property is otherwise acquired by Lender. Lemke sell apply, no Wier than immediately prior to the ask of the Property or is inquisition by Lender, whichever occurs first. any Funds held by Lender M the time of applicatinm as credit ageing the sums secured by this Decd of Toth. 24. Tnnfer of the Property; Awmption. The following neer .hall be referred to herein u • Transfer% (1) • unmake or conveyance of tide (or any portion thereof, legal or equitable) of the Property (or any part thereof or Wife* therein), (hi) the exectrion of a contract or agreement creating a right to tide (or any portion thereof, legal or equitahk) in to Property (or any pan thereof or imams' therein), (iii) or .n agreement granting s possessory right in the Property (or any portion thereof), in excess of Aho (3) years, (iv) a ask or transfer of. or the execution of a contract or .greerere creating a right to acquire or receive, more than fifty percent (50%) of the controlling interest or more than fifty percent (50%) of the beneficial interest in the Borrower, (v) the reorganization, liquidation or dissolution of the Borrower. Na to be included as a Transfer are () the creation of ■ lien or encumbrance subordin.4 to this Dead of Trust, (ii) the enation' f • purchase money security interest for household appliances, or (iii) • Transfer by devise, deicers or by operetiw of the law town the death of join teen. At the election of hence', in the there of each and every transfer. (a) All 114015 sec.red by this Deed of True shall become immediately due and payable (Acceleration). (h) If a Transfer occur and should Lender not exercise Lender's option pursuant as this paragraph 24 to A^ceknte, Transferee sell be deemed to have resumed all of the obligation of Borrower under this Deed of Trust including all sums secured hereby whether or not the instrument evidencing such conveysncs, contract oe gran expressly so provides. This covenant .hall run with the Property end renin in full force aid effect until said sums are paid in 611. The (ender may without notice W the Borrower deal with Transferee in tt- sane manner se with the Borrower with reference lo mid suns including tie payment or erect to Transferee of undiswned reserve Funds on payment in full rf asid sums, without in any way altering or discharging the Borrower's liability hereunder for the obligetioaa hereby secured. (c) Should lender not elect to Accelerate upon the occurrence ()Couch Transfer then, subject to (b) sow., the man feed of s laps. of time or the acceptant, of payment subsequent to Illy of such even., whether or 4144 Lender had menial or constrictive notice of such Transfer, shall not be deemed , waiver of Lender's right to mike such election nor shall Lender be mopped therefrom by virtue thereof. The issuance on 44.41.l( of the Larder of a routine statement staving the statue of the loan, whether or not Lander had sctu.l or constructive notice of such Transfer, cull not be waiver or estoppel of Lender's said rights. 25 Borrower's Copy. Borrower acknowledges receipt of a copy of the Note and this Deed of Trot. Per 4 , ItheitPAC 088 858 F.XECIITEU BY BORROWER. BORROWER IS NATURAL IMERSON(1): JOANWB LONII IF BORROWER IS CORPORATION/PARTNERSHIP: ATTEST: (SEAL) STATE OF COLORADO )u. County of OlUtFIELD The foregoing instrument was selmowleidged before me this 2gi dayof Kum 19 g 3 , by JOANNE LONE Witness my hand and official seal. My commission expires: 5 a3ct3 (11 UNDA 41.411311181 ..... . OSP RECEIVED MAR 2 1 2001 Joanne Lowe Nelson 0787 County Road 223 Rifle, Colorado 81650 970/625-2727 March 13, 2001 Board of Directors Elk Creek Home Owners Association P.O. Box 518 New Castle, CO 81647 Re: Amended Plat Application Block 2, Lots 1,2,3 Elk Creek Development Commonly known as: 0057 Ute Avenue The following request is respectfully submitted for your approval, which is required with regard to the above referenced Amended Plat Application. The intent of this application is to combine the three lots, each 60 ft. by 110 ft. into one larger lot 180 ft. by 110 ft. This is necessary in order to accommodate a larger structure than would currently be possible due to County setback requirements. Under current Garfield County setback requirements it would be impossible to build on any one of these lots. A copy of the application and the proposed amended lot lines are attached for your reference. Approved By: Title: Date: