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HomeMy WebLinkAbout1.0 ApplicationGarfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com DIVISIONS OF LAND APPLICATION FORM i TYPE OF SUBDIVISION/EXEMPTION ❑ Minor Subdivision 1 0 Preliminary Plan Amendment _ i Major Subdivision _ 1 0 Final Plat Amendment I 0 Sketch 0 Preliminary ❑ Final 0 Common Interest Community Subdivision _Conservation Subdivision 0 Public/County Road Split Exemption ❑ Yield 0 Sketch 0 Preliminary 0 Final [ ❑_ Rural Land Development Exemption ❑ Time Extension 1 INVOLVED PARTIES Owner/Applicant Name: Olivia M. Garcia Phone: ( 970 ) 984-3917 Mailing Address: P.O. Box 2931 City: Glenwood Springs E-mail: olivia_1984@yahoo.com State: CO Zip Code: 81602 Representative (Authorization Required) Name: Phone: ( Mailing Address: City: State: Zip Code: E-mail: PROJECT NAME AND LOCATION Project Name: Mountain Shadows Subdivision, Final Amended Plat of Lots 34 and 35 Assessor's Parcel Number: 2125 - 364 _ - 02 - 042 Physical/Street Address: 59 Pear Court Legal Description: Section 36 Township 5 Range 91 Mountain Shadows Subdivision Block 5 Lots 34 and 35 Zone District: Property Size (acres): Project Description Existing Use: Residential Proposed Use (From Use Table 3-403): Residential Description of Project: Remove property line between two subject parcels, Lots 34 and 35, which is consistent with existing lots in the Mountain Shadows subdivision. No amendments to the water supply, wastewater service, or access is proposed. Proposed Development Area Land Use Type # of Lots Single Family [Duplex Multi -Family Commercial Industrial Open Space Other Total fi # of Units Acreage Parking REQUEST FOR WAIVERS Submission Requirements The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: 4-203 Items E -O Section: Section: Section: Waiver of Standards CI The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: 7-207 & 208 Section: Section: Division 3 - Entire section Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. Signature of Property Owner OFFICIAL USE ONLY August 24, 2016 Date File Number: ____-_--- Fee Paid: $ Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.aarfield-county.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 212536402042 (Lots 34 and 35) DATE: August 3, 2016 PROJECT: MOUNTAIN SHADOWS SUBDIVISION, Final Amended Plat of Lot 34 and 35 OWNERS/APPLICANT: GARCIA, OLIVIA M REPRESENTATIVE: None PRACTICAL LOCATION: Section: 36 Township: 5 Range: 91 Subdivision: MOUNTAIN SHADOWS SUBDIVISION Block: 5 Lot: 34 AND:- Lot: 35 ZONING: Residential / Mobile Home Park (RMHP) TYPE OF APPLICATION: Amended Final Plat I. GENERAL PROJECT DESCRIPTION The applicant is requesting to remove the property line between the two subject parcels, Lots 34 and 35. The applicant has represented that the revised property line would result in a lot that would consistent with the existing lots within Mountain Shadows Subdivision. No amendments to the water supply, wastewater service, or access is proposed. In order to ensure all encumbrances and Iienholders are shown on the plat, a title commitment may be necessary. The applicant will want to review the attached memorandum from the Garfield County Attorney's Office regarding mineral owners to ensure that all necessary information is submitted with the application. Names and addresses of all mineral owners under the subject parcels is necessary for public notice purposes. In addition, the applicant will need to submit the names and addresses of all property owners within 200' of the subject parcels. The easiest way to find this list is on the Garfield County website at: hupa/uis.eariictd-county.corn/t.andExplorcrlindcx.html (Set the Buffer tool to 200' in order to obtain a list of names and addresses as they are on record with the County Assessor). A deed for both Lot 34 and 35 will need to be submitted with the application. The final plat will need to conform to Section 5-402(F), including the incorporation of the enclosed certificates. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS • Garfield County Comprehensive Plan 2030 • Garfield County Land Use and Development Code, effective July 15, 2013 • Amended Final Plat (5-305), following Administrative Review (Section 4-103) • Table 4-102, Common Review Procedures and Required Notice; • Table 5-401, Application Submittal Requirements • Article 7, Division 1, 2 and 3 III. REVIEW PROCESS • The review process shall follow the steps as contained in Section 5-305 (see attached flow chart and below outline). • Pre -Application meeting; • Submittal of Application (3 copies plus one electronic); • Completeness Review; • Submittal of additional materials (if needed) and copies for Referral agencies (21 day review); • Setting a date for the Directors Determination; • Public Notice 15 days prior to the Director's Determination to property owners within 200 feet and mineral rights owners on the subject property; • Directors Determination including any conditions; • A 10 day Call-up Period after Director's Decision is made (call-up to BOCC only if letter of request is received); • Finalizing the Plat and satisfaction of any conditions; • Circulation for Applicant/Owner and other signatures; • Board of County Commissioners execution of the plat as a consent agenda item; • Recording the Plat with the County Clerk and Recorder. SUBMITTAL REQUIREMENTS Please refer directly to Table 4-201 and the list of General Application Materials in section 4-203.B. These application materials are generally summarized below: • /Application Form signed by the Property Owner. ■ /Ownership Documentation (deed for all parcels) and title information indicating if there are any lien holders and/or encumbrances (a title commitment for both properties may be necessary) Statement of Authority and Letter of Authorization, if necessary 2 J• J• Fee Payment and Payment Agreement Form Pre -Application Conference Summary Names and addresses of all property owners within 200 feet of subject parcels (outside boundaries of Lot 34 and Lot 35) and all mineral owners of the subject parcels. Vicinity Map Improvements Agreement (may be waived upon request) Final Plat (plat should include improvement location information adequate to confirm that no new nonconforming conditions will result from the proposal) Code, Covenants, Restrictions (if there are no requested changes to the CC&Rs, this may be waived upon request) r.: 1 A The request should be consistent with all applicable provisions of Article 7, Divisions 1, 2 and 3. The Application should include, at a minimum, representations that the amendment will not result in any changes to drainage, access, utilities, and any other applicable Subdivision and Article 7 topics. Please submit three paper copies and one electronic that include all submittal materials. Additional copies will be requested upon determination of completeness. Please reference the Land Use and Development Code for additional information on submittal requirements. IV. APPLICATION REVIEW a. Review by: b. Public Hearing: c. Referral Agencies: Staff for completeness, recommendation and referral agencies for additional technical review X None (Director's Decision) _ Planning Commission Board of County Commissioners _ Board of Adjustment May include appropriate HOA (if applicable), Town of New Castle, Garfield County Designated Engineer, County Surveyor. Note: Additional copies of the complete application will be requested once the application is deemed Technically Complete. These copies will be sent to the referral agencies for their review and comments. Application Submittal 3 Hard Copies 1 Digital PDF Copy (on CD or USB stick) Both the paper and the digital copy should be split into individual sections. Please refer to the fist included in your pre -application conference summary for the submittal requirements that are appropriate for your application: • General Application Materials • Vicinity Map • Site Plan • Grading and Drainage Plan • Landscape Plan • Impact Analysis • 'traffic Study • Water Supply/Distribution Plan • Wastewater Management Plan • Article 7 Standards V. APPLICATION REVIEW FEES a. Planning Review Fees: $ 100.00 3 b. Referral Agency Fees: $ TBD -- consulting engineer/civil engineer fees c. Total Deposit: $ 100.00 (additional hours are billed at $40.50 /hour) General Application Processing The pre -application meeting summary is only valid for six (6) months from the date of the written summary. Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre -application Summary Prepared by: David Pesnichak, Senior Planner 4 August 3, 2016 Date Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") U ,A agree as follows: 1. The Applicant has submitted to the County an application for the following Project: f--10 v -,4i.ti S Vl JU-vS s 6 J,4 tS J ���.�'-L .4vFry Ut lJ L 4 7 J F L_ 0 1- 3 Lf 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of land. I hereby agree to pay all fees related to this application: CjLi •-i Nt- C-A2Ct✓t Billing Contact Person: Billing Contact Address: City: L ° o P ro c, S State: C Zip Code: u L i> - L?_ \30x -2.9 3 i Phone: ( 70) - Billing Contact Email: c v Lc - t l;J \( 6'C 1/1 0 C' CC-,, 0 CA Printed Name of Person Authorized to Sign: L ` " (Signature) (Date) 1. TALBOTT ENTERPRISES, INC 5175 COUNTY ROAD, 335 #402, NEW CASTLE, CO, 81647 2. WALTON, SUSAN L 239 APPLE DRIVE, NEW CASTLE, CO, 81647 3. BURNING MOUNTAINS FIRE PROTECTION DIST PO BOX 2, SILT, CO, 81652-0236 5033 335 COUNTY RD, NEW CASTLE 4. FIRST BAPTIST CHURCH, GLENWOOD SPRINGS, PO BOX 620, NEW CASTLE, CO, 81647 5131 335 COUNTY RD, NEW CASTLE 5. YOUNT, PAUL JR & PATRICIA R 440 APPLE DRIVE, NEW CASTLE, CO, 81647-9669 6. HARTLEY, KENNETH J 316 APPLE DRIVE, NEW CASTLE, CO, 81647 7. BUSH, ROBERT E & PAULA JO 292 APPLE DRIVE, NEW CASTLE, CO, 81647 8. PRIETO, OTILIO TOVAR PO BOX 2062, GLENWOOD SPRINGS, CO, 81602 59 PEACH CT, NEW CASTLE 9. JUKIC, NUSRET 6260 W OHIO AVENUE, LAKEWOOD, CO, 80226 PLUM CT, NEW CASTLE 36 PLUM CT, NEW CASTLE 10. TENCZA, RAYMOND J & MARY E 364 APPLE DRIVE, NEW CASTLE, CO, 81647-9669 11. CRAFFEY, JEANNE M 0105 APPLE DRIVE, NEW CASTLE, CO, 81647 12. SALVIDREZ, ANGEL 87 PEAR COURT, NEW CASTLE, CO, 81647 13. RAMSAY, SHARON J & STEVEN P 308 W SWINK AVENUE, FOWLER, CO, 81039 282 APPLE DR, NEW CASTLE 14. MARSHALL, MICHAEL LEE & KRYSTAL LEE 217 APPLE DRIVE, NEW CASTLE, CO, 81647 15. BROCK, BRAD J 42 PEACH COURT, NEW CASTLE, CO, 81647-9607 16. MILLER, JON & STEPHANIE 285 APPLE DRIVE, NEW CASTLE, CO, 81647 17. HAZEN, MARVIN 46 PEACH COURT, NEW CASTLE, CO, 81647-9607 18. MEDINA, RICHARD 64 APPLE DRIVE, NEW CASTLE, CO, 81647-9606 19. HANKS, LESTER RAY & JOYCE ANN 7518 COUNTY ROAD 312, NEW CASTLE, CO, 81647 63 CHERRY CT, NEW CASTLE 20. HOOKER, GREGORY SCOTT & PRITCHARD, RENEE 99 PEACH COURT, NEW CASTLE, CO, 81647-9608 21. BINEGAR, CHARLES F JR & GARILEA PO BOX 133, NEW CASTLE, CO, 81647 102 PEAR CT, NEW CASTLE 22. SCHIF, TIMOTHY M 91 APPLE DRIVE, NEW CASTLE, CO, 81647-9665 23. GWIN, DIANA M 443 APPLE DRIVE, NEW CASTLE, CO, 81647-9668 24. ORTIZ, RAYMOND VICTOR 0015 PEAR COURT, NEW CASTLE, CO, 81647 15 462 COUNTY RD, NEW CASTLE 25. BLOM, SELENA ANN 5812 NORTHWEST 108TH COURT, KANSAS CITY, MO, 64154 25 PEAR CT, NEW CASTLE 26. ORTIZ, KEVIN 20439 E MANSFIELD AVENUE, AURORA, CO, 80013 41 PEAR CT, NEW CASTLE 27. CASTILLO, JOSE 0044 APPLE DRIVE, NEW CASTLE, CO, 81647 28. NAVA MORALES, FERNANDO & CIGARROA, NARGE 29 APPLE DRIVE, NEW CASTLE, CO, 81647 29. KEITH, GEORGE R & SUSAN C 422 APPLE DRIVE, NEW CASTLE, CO, 81647-9669 30. CLAIR, TERRI SUE 107 PEAR COURT, NEW CASTLE, CO, 81647-9610 31. STENSLAND, ANN L 92 PEACH COURT, NEW CASTLE, CO, 81647-9607 32. BENSON, DANIEL KEITH 0295 COUNTY ROAD 149, GLENWOOD SPRINGS, CO, 81601 84 PEAR CT, NEW CASTLE 33. HUSSONG, CHAD 402 APPLE DRIVE, NEW CASTLE, CO, 81647 34. HOPKINS, SHIRLEY K & GARY E PO BOX 691, DELTA, CO, 81416 405 APPLE DR, NEW CASTLE 35. LOVITT, JAMES M & MERRIAM JUNE 303 APPLE DRIVE, NEW CASTLE, CO, 81647-9668 36. RJA ENTERPRISES L L C 27653 W TWIN LAKE DRIVE, PEQUOT LAKES, MN, 56472 124 APPLE DR, NEW CASTLE, 100 APPLE DR, NEW CASTLE 37. WALKER, KENNETH FRANK 334 APPLE DRIVE, NEW CASTLE, CO, 81647-9669 38. MILLER, JOEL HERSHEY & FRANCES ANN 2127 MORNING STAR DR, SILT, CO, 81652 33 PEACH CT, NEW CASTLE 39. SCHOONOVER, JEFF 429 APPLE DRIVE, NEW CASTLE, CO, 81647 40. HAZEN, LEE T & DOREEN A 151 APPLE DRIVE, NEW CASTLE, CO, 81647-9666 41. HARRIS, DALE & ELENA PO BOX 354, NEW CASTLE, CO, 81647-0354 144 AR CT, NEW CASTLE 42. CRAIN, RALPH WAYNE & SCHULLER-BROWN, JUL 62 CHERRY COURT, NEW CASTLE, CO, 81647 43. CERISE, TIFFANY PAIGE & MCELROY, JAMES A 35 APRICOT CIRCLE, NEW CASTLE, CO, 81647 44. GRIFFIN, SANFORD V 105 GREENFIELD LN, ESTILL SPRINGS, TN, 37330 378 APPLE DR, NEW CASTLE 45. WILSON, CAROL J 0171 APPLE DRIVE, NEW CASTLE, CO, 81647 46. GRIFFIN, MARK C 105 GREENFIELD LANE, ESTILL SPRINGS, TN, 37330 80 APPLE DR, NEW CASTLE 47. SALLEE, JAY A 160 APPLE DRIVE, NEW CASTLE, CO, 81647 48. COTTON, DALLAS ELLSWORTH JR & TERESA 24 PEAR COURT, NEW CASTLE, CO, 81647 49. BOND, KAREN A & ROBERT F 194 APPLE DRIVE, NEW CASTLE, CO, 81647 216 APPLE DR, NEW CASTLE 50. ANDERS, RUSSELL J & BENITA N 39 CHERRY COURT, NEW CASTLE, CO, 81647 24 APRICOT CIR, NEW CASTLE 51. FRISBEE, JAMES C & DOROTHY 29 CHERRY COURT, NEW CASTLE, CO, 81647-9604 52. ESQUIBEL, ANDY A & ANITA 371 APPLE DRIVE, NEW CASTLE, CO, 81647-9668 53. HOMAS, SALLY A & MESSINGER, KATHY A 0144 APPLE DRIVE, NEW CASTLE, CO, 81647 54. ELSTON, CORRINE E 1409 STATE STREET, TAMA, IA, 52339 15 APPLE DR, NEW CASTLE 55. ANGELES, ALEJANDRO & MEDINA, GENOVEVA 385 APPLE DRIVE, NEW CASTLE, CO, 81647 56. WATSON, STEPHEN & MIRANDA 0705 SEVEN OAKS ROAD, CARBONDALE, CO, 81623 333 APPLE DR, NEW CASTLE 57. FRIEND, SALLY SUMMERS LOUISE 22 PLUM COURT, UNIT A, NEW CASTLE, CO, 81647 58. FEDIRKO, PETER III 302 N 7TH STREET, NEW CASTLE, CO, 81647 264 APPLE DR, NEW CASTLE 59. FEDIRKO, PETER III 302 N 7TH STREET, NEW CASTLE, CO, 81647 33 PLUM CT, NEW CASTLE 60. CASTILLO, JOSE 0044 APPLE DRIVE, NEW CASTLE, CO, 81647 140 PEAR CT, NEW CASTLE 61. SOUZA, JAMES PO BOX 2838, BASALT, CO, 81621 65 APPLE DR, NEW CASTLE 62. COREY, CHARLES E & ALICE M 127 PEAR COURT, NEW CASTLE, CO, 81647 63. BUDD, JOSEPH E & SHIRLEY K 349 APPLE DRIVE, NEW CASTLE, CO, 81647-9668 64. FRISBEE, JAMES C & DOROTHY S 0029 CHERRY COURT, NEW CASTLE, CO, 81647 CHERRY CT, NEW CASTLE 65. PECK, TODD H & DUPLICE, TONYA L 31827 HIGHWAY 6, SILT, CO, 81652 122 PEAR CT, NEW CASTLE 66. ISENHART, ERIC D & JENNIFER L 54 PEAR COURT, NEW CASTLE, CO, 81647 67. ELSWICK, LUKE 58 PEACH COURT, NEW CASTLE, CO, 81647 68. BROWNING, JOANNE RENE & HEUSCHKEL, BRIAN 85 PEACH COURT, NEW CASTLE, CO, 81647 69. PRATT, TERRIE FALLON 0143 PEAR COURT, NEW CASTLE, CO, 81647 70. LEPISTO, JONATHAN R 39 APPLE DRIVE, NEW CASTLE, CO, 81647-9664 71. BECK, MILDRED H 80 PEACH COURT, NEW CASTLE, CO, 81647-9607 72. ANDERSON, MARY M 0095 PEACH COURT, NEW CASTLE, CO, 81647 73. ANDERS, RUSSELL J & BENITA 39 CHERRY COURT, NEW CASTLE, CO, 81647-9604 74. BOND, KAREN A & ROBERT F 194 APPLE DRIVE, NEW CASTLE, CO, 81647 -0 1C1:,. Garfield County i MEMORANDUM TO: Staff FROM: County Attorney's Office DATE: June 24, 2014 RE: Mineral Interest Research Mineral interests may be severed from surface right interests in real property. Colorado revised statute 24-65.5-103 requires notification to mineral owners when a landowner applies for a land use designation by a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4- 101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." It is the duty of the applicant to notify mineral interest owners. The following is a suggested process to research mineral interests: 1. Review the current ownership deed for the property (i.e. Warranty Deed, Special Warranty, Quit Claim Deed or Bargain and Sale Deed—NOT a Deed of Trust). The ownership deed is usually one or two pages. Is there a reservation of mineral interests on the ownership deed? Are there any exceptions to title? A deed may include a list of reservations that reference mineral owners or oil and gas leases. 2. Review your title insurance policy. Are there exceptions to title listed under Schedule B- NII? If so, review for mineral interests that were reserved and oil and gas leases. 3. Check with the Assessor's office to determine if a mineral interest has been reserved from the subject property. The Assessor's office no longer documents the mineral reservation ownership for its tax roll records unless ownership has been proven. There are only a Limited number of mineral owners who have provided such information to the Assessor's office so this may not provide any information, depending on your property. MEMO June 24, 2014 Page 2 4. Research the legal description of the subject property with the Clerk and Recorder's computer. You can search the Section, Township, and Range of the subject property. You may find deeds for mineral interests for the subject property. 5. Research whether a Notice of Mineral Estate Ownership was filed for the subject property. On the Clerk and Recorder's computer, search under Filter (on the right hand side of the screen), General Recordings, Notice of Mineral Estate Ownership for the subject property. 6. If you find mineral interest owners as reservations on your deed, listed in your title insurance policy, from the Assessor's records or the Clerk and Recorder's computer, you need to determine whether these mineral interests were transferred by deed and recorded in the Clerk and Recorder's office. 7. Enter the name of the mineral interest owner as the Grantor in the Clerk and Recorder's computer to see if the mineral interest was transferred. If you find a transfer deed, you need to repeat this process to follow any transfer of the mineral interest to present day. 8. Include a description of your research process in your application and the name(s) and address(es) of the current mineral interest owner(s). Mineral interest research can be a difficult and time consuming process. If you are unable to determine mineral rights ownership by yourself, consider hiring an attorney or landman. Attorneys and landmen specialize in determining mineral rights ownership, but they charge a fee for their services. 5-vph I iVI(v Assessor's Office 108 8th Street, Suite 207 Glenwood Springs, CO 81601 www. garfiel d -co unty. com 970-945-9134 Fax: 970-945-3953 V y OL.(g-S. ff (1) C O co 0 O <U) O w N I CO as to o ZO Z (Y) D 06 2 co O O O J co 0 C (4 N o a)-0 .c Z a) CD o "4.7.Q) W '% >, 5 <t V E_c2m a) co u) 0 S' a) a 0 0 m Document Number m • Q r CCN O J i CO 0 0) 0 CO 0 0 0 0 0 N 69- co cn co CD 0 COo (D in N IN = Lo N N ( n U O � 1� O z 0 2 z U N Hm 0 <- o Zco ZL{) a06 Dcr) 0 0 4 2M 2 c O O O O J J CO CI CO 0 N CO W N CO W 0 0 0 w 0 W O _000 CD --6 co cocn w CO CO B: 1859 P: 821 - Q tO J CZ 0 0 Ww co CO LU O T O O ti ti 0 D o } wo w� J D0 0 DO H0 _J LL Uw 0 UW J U Y J co Z mCC j< < JQ o(.7 co w0 GARCIA, OLIVIA M GARCIA, OLIVIA M BANK OF COLORADO Release Of Deed Of Trust N - co - N co d T a) LC) CO Ed LC) r r- d' O (o N 0 T ti GARCIA, OLIVIA M wz DCO 0 CY 0 _j 0W D Q w 0 Lf) (0 f- 10 Lf) O 6) t� N N CO �f' ti ti I- (0 co BANK OF COLORADO 0 CO 0 N ILo CO N Z <m Z Ln �CO Dar c7 O•O O J CO M 0 W .N a) 5Q N Lo 0 ,D_ 0 Lina W- D O J DO O CC f— 0 LL. _0w 0 JW a] Z aO m GARCIA, OLIVIA M 06/23/2016 Disbursers Notice CO 0 0 IL) Z Hm Z LC) 0 cO M O O J CO COW N E oW >Q °m 0 CO 0) BANK OF COLORADO GARCIA, OLIVIA M Release Of Deed Of Trust GARCIA, OLIVIA M } 0 WZ � U (LU ~0 0 pJ D0 CC >'0 f-_1 fY z O0W 0 D on CL QO OQ LL I 0 (7 Lfl (p Lf') T r--- Lf7 (b 6) N. N- CO CO CO BANK OF COLORADO 0 0s 0 d) 4- C0 N d' CNi N C) 0) U 0 1111111111111111111111111111111111111111111111111111111 710340 11/02/2006 03:29P 81859 P820 11 ALSDORF 1 of 1 R 6.00 D 21.25 GARFIELD COUNTY CO After Recording Return to: Aspen Land and Homes Ralph Hubbell 1810 Grand Ave. Glenwood Springs, CO 81601 WARRANTY DEED This Deed, made November 1, 2006 Between Edgar A. West and Jewell Earline West of the County Garfield, State of COLORADO, grantor(s) and Olivia M. Garcia, a Tenant in Severalty whose legal address is 004j. o 9'c-4, l2. i N 8A-'") h `..).7 (LCid .3/6-1-3- County of Garfield, and State of COLORADO, grantee. WITNESS, That the grantor, for and in the consideration of the sum of TWO HUNDRED TWELVE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($212,500.00 ) the receipt and sufficiency of which is hereby acknowledged, has granted, bargained. sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County ofGarrield, State of COLORADO described as follows: Lots 34 and 35, Block 5, Mountain Shadows Subdivision(Amended Plat). County of Garfield, State of Colorado also known by street and number as 0059 Pear Court, New Castle, CO 81647 TOGETHER with all and singular hereditaments and appurtenances, thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantee, his heirs and assigns, that at the time of the ensea]ing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and ]awful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former andother grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind of nature so ever, except for taxes for the current year, a lien but not yet due and payable, and those specific Exceptions described by reference to recorded documents as reflected in the Title Documents accepted by Buyer in accordance with section 8a (Title Review) of the contract dated September 7, 2006, between the patties. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the r®l whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this on the date set forth above. SELLERS: 5t? Edgar Qi West STATE OF COLORADO COUNTY OF GARFIELD 1 ell Earline West )ss: The foregoing instrument was acknowledged, subscribed and sworn to before me November 1, 2006 by Edgar A. West and Jewell Earline West. Witness my hand and official seal. WD -warranty Deed Notary Public Eliza ih J. Axthelm My Commission expires: 08/06/10 ESCROW NO. 926-110136044-105-EA3 111111 11111 1111111 11111 11111111 1111111111 1111111111111 710341 11/02/2006 03:32P 81858 P821 M ALSDORF 1 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO Bank of Colorado Space Above This Line For Recording Data P.U. Box 520 Glenwood Springs, CO 81602 DEED OF TRUST DATE AND PARTIES. The date of this Deed Of Trust (Security Instrument) is November 1, 2006. The parties and their addresses are: GRANTOR: OLIVIA M. GARCIA PO BOX 2931 GLENWOOD SPRINGS, Colorado 81602 TRUSTEE: PUBLIC TRUSTEE OF GARFIELD COUNTY, COLORADO LENDER: BANK OF COLORADO Organized and existing under the laws of Colorado 901 GRAND AVE. GLENWOOD SPRINGS, Colorado 81601 1. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debts and Grantor's performance wider this Security Instrument, Grantor irrevocably grants, conveys and sells to Trustee, in trust for the benefit of Lender, with power of sale, the following described property: Lots 34 and 35, Block 5. Mountain Shadows Subdivision (Amended Plat). County of Garfield, State of Colorado The property is located in GARFIELD County at 0059 PEAR COURT, NEW CASTLE, Colorado 81647. Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights. all water and riparian rights, wells, ditches and water stock and all existing and future improvements, structures, fixtures, and replacements that niay now, or at any time in the future, he part of the real estate described (all referred to as Property). This Security Instrument will remain in effect until the Secured Debts and all underlying agreements have been terminated in writing by Lender. 2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time will not exceed $170,935.00. This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument. 3. SECURED DEBTS. The term "Secured Debts" includes and this Security Instrument will secure each of the following: A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and replacements. A promissory note or other agreement, No. 5900103570, dated November 1, 2006, from Grantor to Lender, with a loan amount of $170,935.00 and maturing on November 1, 2021. B. All Debts. All present and future debts from Grantor to Lender, even if this Security Instrument is not specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more than one person signs this Security Instrument, each agrees that it will secure debts incurred either individually or with others who may not sign this Security Instrument. Nothing in this Security Instrument constitutes a commitment to make additional or future loans or advances. Any such commitment must be in writing. In the event that Lender fails to provide any required notice of the right of rescission, Lender waives any subsequent security interest in the Grantor's principal dwelling that is created by this Security Instrument. This Security Instrument will not secure any debt for which a non -possessory, non -purchase money security interest is created in "household goods" in connection with a "consumer loan," as those ternis are defined by federal law governing unfair and deceptive credit practices. This Security Instrument will not secure any debt for which a security interest is created in "margin stock" and Lender does not obtain a "statement of purpose," as defined and required by federal law governing securities. C. Sums Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security Instrument. 4. PAYMENTS. Grantor agrees that all payments under the Secured Debts will be paid when due and in accordance with the terms of the Secured Debts and this Security Instrument. 5. WARRANTY OF TITLE. Grantor warrants that Grantor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to irrevocably grant, convey and sell the Property to Trustee, in trust, with power of sale. Grantor also warrants that the Property is unencumbered, except for encumbrances of record. 6. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Grantor agrees: A. To make all payments when due and to perfonn or comply with all covenants. B. To promptly deliver to Lender any notices that Grantor receives from the holder. C. Not to allow any modification or extension of. nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written consent. 7. CLAIMS AGAINST TITLE. Grantor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require Grantor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Grantor's payment. Grantor will defend title to the Property against any claims that would impair the lien of this Security Instrument. Grantor agrees to assign to Lender, OLIVIA M. GARCIA Colorado Deed Or Trust CO34XXngkun90985400005451049102306Y e1996 Banken Systems, Inc., St. Cloud, MN Ei, er y Initials ilifc/P 1 IINII11111111111111111 IIIII 111 1111111Iii 11111 11E111 710341 11/02/2006 03:32P 61859 P822 M RLSDORF 2 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO as requested by Lender, any rights, claims or defenses Grantor may have against parties who supply labor or materials to maintain or improve the Property. 8. DUE ON SALE, Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. 9. WARRANTIES AND REPRESENTATIONS. Grantor has the right and authority to enter into this Security Instrument. The execution and delivery of this Security Instrument will not violate any agreement governing Grantor or to which Grantor is a party. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Grantor will keep the Property in good condition and make all repairs that are reasonably necessary. Grantor will not commit or allow any waste, impairment, or deterioration of the Property. Grantor will keep the Property free of noxious weeds and grasses. Grantor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Grantor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Grantor will notify Lender of all demands, proceedings, claims, and actions against Grantor, and of any loss or damage to the Property. Lender or Lcnder's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender will give Grantor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property will he entirely for Lender's benefit and Grantor will in no way rely on Lender's inspection. 11. AUTHORITY TO PERFORM. If Grantor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause Ihem to be performed. Grantor appoints Lender as attorney in fact to sign Grantor's name or pay any amount necessary for performance. Lender's right to perform for Grantor will not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property, including completion of the construction. 12. DEFAULT. Grantor will he in default if any of the following occur: A. Payments. Grantor fails to make a payment in full when due. B. Insolvency or Bankruptcy. The death, dissolution or insolvency of, appointment of a receiver by or on behalf of, application of any debtor relief law, the assignment for the benefit of creditors by or on behalf of, the voluntary or involuntary termination of existence hy, or the commencement of any proceeding under any present or future federal or state insolvency, bankruptcy, reorganization, composition or debtor relief law by or against Grantor, Borrower, or any co-signer, endorser, surety or guarantor of this Security Instrument or any other obligations Borrower has with Lender. C. Death or Incompetency. Grantor dies or is declared legally incompetent. D. Failure to Perform. Grantor fails to perform any condition or to keep any promise or covenant of this Security Instrument. E. Other Documents. A default occurs under the terms of any other document relating to the Secured Debts. F. Other Agreements. Grantor is in default on any other debt or agreement Grantor has with Lender. G. Misrepresentation. Grantor makes any verbal or written statement or provides any financial information that is untrue, inaccurate, or conceals a material fact at the time it is made or provided. A. Judgment. Grantor fails to satisfy or appeal any judgment against Grantor. I. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a legal authority. J. Name Change. Grantor changes Grantor's name or assumes an additional name without notifying Lender before making such a change. K. Property Transfer. Grantor transfers all or a substantial part of Grantor's money or property. This condition of default, as it relates to the transfer of the Property, is subject to the restrictions contained in the DUE ON SALE section. L. Property Value. Lender determines in good faith that the value of the Property has declined or is impaired. M. Insecurity. Lender determines in good faith that a material adverse change has occurred in Grantor's financial condition from the conditions set forth in Grantor's most recent financial statement before the date of this Security Instrument or that the prospect for payment or performance of the Secured Debts is impaired for any reason. 13. REMEDIES. On or after default, Lender may use any and all remedies Lender has under state or federal law or in any document relating to the Secured Debts, including, without limitation, the power to sell the Property or foreclose on installments without acceleration. Any amounts advanced on Grantor's behalf will he immediately due and may be added to the balance owing under the Secured Debts. Lender may make a claim for any and all insurance benefits or refunds that may be available on Grantor's default. Subject to any right to cure, required time schedules or any other notice rights Grantor may have under federal and state law, Lender may make ail or any part of the amount owing by the terms of the Secured Debts immediately due and foreclose this Security Instrument in a manner provided by law upon the occurrence of Grantor's default or anytime thereafter. If there is a default, Trustee will, in addition to any other permitted remedy, at the request of the Lender, advertise and sell the Property as a whole or in separate parcels at public auction to the highest bidder for cash. Trustee will give notice of sale including the time, terms and place of sale and a description of the Property to be sold as required by the applicable law in effect at the time of the prnposed sale. Upon the sale of the Property, to the extent not prohibited by law, and at such time purchaser is legally entitled to it, Trustee shall make and deliver a deed to the Property sold which conveys title to the purchaser, and after first paying all fees, charges and costs, shall pay to Lender all monies advanced for repairs, taxes, insurance liens, assessments and prior encumbrances and interest thereon, and the principal and interest on the Secured Debt, paying the surplus, if any, to persons legally entitled to it. Lender may purchase the Property. The recitals in any deed of conveyance shall be prima facie evidence of the facts set forth therein. OIJVIA M. CARCIA Colorado Deed Of Trost C014XX ogk,n009a5400005451049102r06Y °1996 Bankers Systeun, loc., St. Clow% MN Eq?," 1111111 11111 1111111 LII 11111 1111 II1111111111111111 II 710341 11/02/2006 03:32P 81869 P823 M ALSDORF 3 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO AP remedies arc distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debts after the balance is due or is accelerated or after foreclosure proceedings are filed will not constitute a waiver of Lender's right to require full and complete cure of any existing default. By not exercising any remedy, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. 14. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitted by law, Grantor agrees to pay all expenses of collection, enforcement or protection of Lender's rights and remedies under this Security Instrument or any other document relating to the Secured Debts. Grantor agrees to pay expenses for Lender to inspect and preserve the Property and for any recordation costs of releasing the Property from this Security Instrument. Expenses include. but are nor limited to, reasonable attorneys' fees not in excess of 15 percent of the unpaid debt after default and referral to an attorney who is not a salaried employee of the Lender or such additional fee as may be awarded by the court. These expenses are due and payable immediately. If not paid immediately, these expenses will bear interest from the date of payment until paid in full at the highest interest rate in effect as provided for in the terms of the Secured Debts. In addition, to the extent permitted by the United States Bankruptcy Code, Grantor agrees to pay the reasonable attorneys' fees incurred by Lender to protect Lender's rights and interests in connection with any bankruptcy proceedings initiated by or against Grantor. 15. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substance," "hazardous waste," "hazardous substance," or "regulated substance" under any Enviromnental Law. Grantor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will he located, stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances that are generally recognized to be appropriate for the normal use and maintenance of the Property. B. Except as previously disclosed and acknowledged in writing to Lender, Grantor and every tenant have been, are, and will remain in full compliance with any applicable Environmental Law. C. Grantor will immediately notify Lender if a release or threatened release of a Hazardous Substance occurs on, under or about the Property or there is a violation of any Environmental Law concerning the Property. In such an event, Grantor will take all necessary remedial action in accordance with any Environmental Law. D. Grantor will immediately notify Lender in writing as soon as Grantor has reason to believe there is any pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance or the violation of any Environmental Law. 16. CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened action by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Grantor authorizes Lender to intervene in Grantor's name in any of the above described actions or claims. Grantor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds will he considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 17. INSURANCE. Grantor agrees to keep the Property insured against the risks reasonably associated with the Property. Grantor will maintain this insurance in the amounts Lender requires. This insurance will Iast until the Property is released from this Security Instrument. What Lender requires pursuant to the preceding two sentences can change during the term of the Secured Debts. Grantor may choose the insurance company, subject to Lender's approval, which will not he unreasonably withheld. All insurance policies and renewals will include a standard "mortgage clause" and, where applicable, "loss payee clause." Grantor will give Lender and the insurance company immediate notice of any loss. All insurance proceeds will be applied to restoration or repair of the Property or to the Secured Debts, at Lender's option. If Lender acquires the Property in damaged condition, Grantor's rights to any insurance policies and proceeds will pass to Lender to the extent of the Seemed Debts. Grantor will immediately notify Lender of cancellation or termination of insurance. If Grantor fails to keep the Property insured, Lender may obtain insurance to protect Lender's interest in the Property and Grantor will pay for the insurance on Lender's demand. Lender may detnand that Grantor pay for the insurance all at once, or Lender may add the insurance premiums to the balance of the Secured Debts and charge interest on it at the rate that applies to the Secured Debts. This insurance may include coverages not originally required of Grantor, may be written by a company other than one Grantor would choose, and may he written at a higher rate than Grantor could obtain if Grantor purchased the insurance. Grantor acknowledges and agrees that Lender or one of Lender's affiliates may receive commissions on the purchase of this insurance. 18. ESCROW FOR TAXES AND INSURANCE. Grantor will not be required to pay to Lender funds for taxes and insurance in escrow. 19. CO-SIGNERS. If Grantor signs this Security Instrument but is not otherwise obligated to pay the Secured Debts, Grantor does so only to convey Cirantor's interest in the Property to secure payment of the Secured Debts and Grantor does not agree by signing this Security instrument to be personally liable on the Secured Debts. If this Security Instrument secures a guaranty between Lender and Grantor, Grantor agrees to waive any rights that may prevent Lender from bringing any action or claim against Grantor or any party indebted under the obligation. These rights may include, but are not limited to, any anti -deficiency or one -action laws. OLIVIA M. GARC'IA Colorado Deed of The C0/4XXnglemt00985411000545lO49l02301Y 1996 Baukcrs Systems, lac., St. Cloud, MN E, nl'at Initials >"4 3 1111111 111111111111111111111111111111111 II 1111111111111 710341 11/02/2006 03:32P 81859 P824 M ALSDORF 4 of 4 R 21.00 D 0.00 GARFIELD COUNTY CO 20. WAIVERS. Except to the extent prohibited by law, Grantor waives all appraisement and homestead exemption rights relating to the Property. 21. APPLICABLE LAW. This Security Instrument is governed by the laws of Colorado, the United States of America, and to the extent required, by the laws of the jurisdiction where the Property is located, except to the extent such state laws are preempted by federal haw. 22. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Grantor's obligations under this Security Instrument are independent of the obligations of any other Grantor. Lender may sue each Grantor individually or together with any other Grantor. Lender may release any part of the Property and Grantor will still he obligated under this Security Instrument for the remaining Property. If this Security Instrument secures a guaranty between Lender and Grantor, Grantor agrees to waive any rights that may prevent Lender from bringing any action or claim against Grantor or any party indebted under the obligation. These rights may include, but are not limited to, any anti -deficiency or one -action laws. Grantor agrees that Lender and any party to this Security Instrument may extend, modify or make any change in the terms of this Security Instrument or any evidence of debt without Grantor's consent. Such a change will not release Grantor from the terms of this Security Instrument. The duties and benefits of this Security Instrument will bind and benefit the successors and assigns of Lender and Grantor. 23. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may not be amended or modified by oral agreement. No amendment or modification of this Security Instrument is effective unless made in writing and executed by Grantor and Lender. This Security Instrument and any other documents relating to lite Secured Debts are the complete and final expression of the agreement. If any provision of this Security Instrument is unenforceable, then the unenforceable provision will he severed and the remaining provisions will still be enforceable. 24. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The section headings are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. 25. NOTICE, FINANCIAL REPORTS, ADDITIONAL DOCUMENTS AND RECORDING TAXES. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate party's address listed in the DATE AND PARTIES section, or to any other address designated in writing. Notice to one Grantor will be deemed to he notice to all Grantors. Grantor will inform Lender in writing of any change in Grantor's name, address or other application information. Grantor will provide Lender any financial statements or information Lender requests. All financial statements and information Grantor gives Lender will be correct and complete. Grantor agrees to pay all expenses, charges and taxes in connection with the preparation and recording of this Security Instrument. Grantor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Grantor's obligations under this Security Instrument and to confirm Lender's lien status on any Property, and Grantor agrees to pay all expenses, charges and taxes in connection with the preparation and recording thereof. Time is of the essence. SIGNATURES. By signing, Grantor agrees to the terms and covenants contained in this Security Instrument. Grantor also acknowledges receipt of a copy of this Security Instrument. GRANTOR: / OLIVIA M. GARCIA Individually ACKNOWLEDGMENT. (Individual) OF 62, 6l4ss day ofG This instrument was acknowledged before me this a OLIVIA M. GARCIA . MY COMMISSION EXP1RES My commission expires: 0008 (Notary ' bite) by OLIVIA M. GARCIA Colorado Deed Of 'hurt CO,4XXe5lem00985400005451049102306Y 4'1996 Bankers Systems, Inn., 51. Claud. MN Esc er g lniauds Page 4 1111 KIVIV01111,14DitiitiMalkiiliAlliii ul111 Reception#: 742075 01130/2008 04:55:44 PM Jean Rlberico 1 of 4 Rec Fee,$21.00 Doc Fee!0.00 GARFIELD COUNTY CO Bank of Colorado /0 • P.O. Box 520 Glenwood Spri'gs,CO 81602 Space Above This Line For Recording Data DEED OF TRUST DATE AND PARTIES. The date of this Deed Of Trust (Security Instrument) is January 25, 2008. The parties and their addresses are: GRANTOR: OLIVIA M. GARCIA PO BOX 2931 GLENWOOD SPRINGS, Colorado 81602 TRUSTEE: PUBLIC TRUSTEE OF GARFIELD COUNTY, COLORADO LENDER: BANK OF COLORADO Organized and existing under the laws of Colorado 901 GRAND AVE. GLENWOOD SPRINGS, Colorado 81601 1. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debts and Grantor's performance under this Security Instrument, Grantor irrevocably grants, conveys and sells to Trustee, in trust for the benefit of Lender, with power of sale, the following described property: Lots 34 and 35, Block 5, Mountain Shadows Subdivision (Amended Plat). County of Garfield, State of Colorado The property is located in Garfield County at 0059 Pear Ct, New Castle, Colorado 81647. Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, wells, ditches and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in the future, be part of the real estate described (all referred to as Property). This Security Instrument will remain in effect until the Secured Debts and all underlying agreements have been terminated in writing by Lender. 2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security Instrument at any one time will not exceed $28,000.00. This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect Lender's security and to perform any of the covenants contained in this Security Instrument. 3. SECURED DEBTS. The term "Secured Debts" includes and this Security Instrument will secure each of the following: A. Specific Debts. The following debts and all extensions, renewals, refinancings, modifications and replacements. A promissory note or other agreement, No. 5900103745, dated January 25, 2008, from Grantor to Lender, with a loan amount of $28,000.00 and maturing on January 15, 2016. 13. All Debts. All present and future debts from Grantor to Lender, even if this Security Instrument is not specifically referenced, or if the future debt is unrelated to or of a different type than this debt. If more than one person signs this Security Instrument, each agrees that it will secure debts incurred either individually or with others who may not sign this Security Instrument. Nothing in this Security Instrument constitutes a commitment to make additional or future loans or advances. Any such commitment must be in writing. In the event that Lender fails to provide any required notice of the right of rescission, Lender waives any subsequent security interest in the Grantor's principal dwelling that is created by this Security Instrument. This Security Instnunent will not secure any debt for which a non -possessory, non -purchase money security interest is created in "household goods" in connection with a "consumer loan," as those terms are defined by federal law governing unfair and deceptive credit practices. This Security Instrument will not secure any debt for which a security interest is created in "margin stock" and Lender does not obtain a "statement of purpose," as defined and required by federal law governing securities. C. Stuns Advanced. All sums advanced and expenses incurred by Lender under the terms of this Security Instrument. 4. PAYMENTS. Grantor agrees that all payments under the Secured Debts will be paid when due and in accordance with the terms of the Secured Debts and this Security Instrument. 5. WARRANTY OF TITLE. Grantor warrants that Grantor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to irrevocably grant, convey and sell the Property to Trustee, in trust, with power of sale. Grantor also warrants that the Property is unencumbered, except for encumbrances of record. 6. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Grantor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Grantor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written consent. 7. CLAIMS AGAINST TITLE. Grantor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require Grantor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Grantor's payment. Grantor will defend title to the Property against any claims that would impair the lien of this Security Instrument. Grantor agrees to assign to Lender, OLIVIA M. GARCIA Colorado Deed 0111114 Initials /YY� C0/4XXngkoa00063000005993045012408Y ®1996 Bankers Syswmu, loc., Si Cloud, MN F Pa I .III rtlll■flP111 1107714 7,IVIi'T TI Irl 111'■ 11111 Receptaen0: 742075 20t of042008 Ren Fee5$21.044 0Doc0 Jean GARFIELD COUNTY CO as requested by Lender, any rights, claims or defenses Grantor may have against parties who supply labor or materials to maintain or improve the Property. S. DUE ON SALE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any transfer or sale of all or any part of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. 9. WARRANTIES AND REPRESENTATIONS. Grantor has the right and authority to enter into this Security Instrument. The execution and delivery of this Security Instrument will not violate any agreement governing Grantor or to which Grantor is a party. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Grantor will keep the Property in good condition and make all repairs that are reasonably necessary. Grantor will not commit or allow any waste, impairment, or deterioration of the Property. Grantor will keep the Property free of noxious weeds and grasses. Grantor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Grantor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Grantor will notify Lender of all demands, proceedings, claims, and actions against Grantor, and of any loss or damage to the Property. Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender will give Grantor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property will be entirely for Lender's benefit and Grantor will in no way rely on Lender's inspection. 11. AUTHORITY TO PERFORM. If Grantor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Grantor appoints Lender as attorney in fact to sign Grantor's name or pay any amount necessary for performance. Lender's right to perform for Grantor will not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction 012 the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property, including completion of the construction. 12. DEFAULT. Grantor will be in default if any of the following occur: A. Payments. Grantor fails to make a payment in full when due. B. Insolvency or Bankruptcy. The death, dissolution or insolvency of, appointment of a receiver by or on behalf of, application of any debtor relief law, the assignment for the benefit of creditors by or on behalf of, the voluntary or involuntary termination of existence by, or the commencement of any proceeding under any present or future federal or state insolvency, bankruptcy, reorganization, composition or debtor relief law by or against Grantor, Borrower, or any co-signer, endorser, surety or guarantor of this Security Instrument or any other obligations Borrower has with Lender. C. Death or Incompetency. Grantor dies or is declared legally incompetent. D. Failure to Perform. Grantor fails to perform any condition or to keep any promise or covenant of this Security Instrument. E. Other Documents. A default occurs under the terms of any other document relating to the Secured Debts. F. Other Agreements. Grantor is in default on any other debt or agreement Grantor has with Lender. G. Misrepresentation. Grantor makes any verbal or written statement or provides any financial information that is untrue, inaccurate, or conceals a material fact at the time it is made or provided. H. Judgment. Grantor fails to satisfy or appeal any judgment against Grantor. I. Forfeiture, The Property is used in a manner or for a purpose that threatens confiscation by a legal authority. J. Name Change. Grantor changes Grantor's name or assumes an additional name without notifying Lender before making such a change. K. Property Transfer. Grantor transfers all or a substantial part of Grantor's money or property. This condition of default, as it relates to the transfer of the Property, is subject to the restrictions contained in the DUE ON SALE section. L. Property Value. Lender determines in good faith that the value of the Property has declined or is impaired. M. Insecurity. Lender determines in good faith that a material adverse change has occurred in Grantor's financial condition from the conditions set forth in Grantor's most recent financial statement before the date of this Security Instrument or that the prospect for payment or performance of the Secured Debts is impaired for any reason. 13. REMEDIES. On or after default, Lender may use any and all remedies Lender has under state or federal law or in any document relating to the Secured Debts, including, without limitation, the power to sell the Property or foreclose on installments without acceleration. Any amounts advanced on Grantor's behalf will be immediately due and may be added to the balance owing under the Secured Debts. Lender may make a claim for any and all insurance benefits or refunds that may be available on Grantor's default. Subject to any right to cure, required time schedules or any other notice rights Grantor may have under federal and state law, Lender may make all or any part of the amount owing by the terms of the Secured Debts immediately due and foreclose this Security Instrument in a manner provided by law upon the occurrence of Grantor's default or anytime thereafter. If there is a default, Trustee will, in addition to any other permitted remedy, at the request of the Lender, advertise and sell the Property as a whole or in separate parcels at public auction to the highest bidder for cash. Trustee will give notice of sale including the time, terms and place of sale and a description of the Property to be sold as required by the applicable law in effect at the time of the proposed sale. Upon the sale of the Property, to the extent not prohibited by law, and at such time purchaser is legally entitled to it, Trustee shall make and deliver a deed to the Property sold which conveys title to the purchaser, and after first paying all fees, charges and costs, shall pay to Lender all monies advanced for repairs, taxes, insurance liens, assessments and prior encumbrances and interest thereon, and the principal and interest on the Secured Debt, paying the surplus, if any, to persons legally entitled to it. Lender may purchase the Property. The recitals in any deed of conveyance shall be prima facie evidence of the facts set forth therein. OLIVIA M. OARCIA Colorado Deed Of 'rust C0I4XXngkn100065000005995045012408Y 1 e1946 Bankers Sys ens, Inc., St. Cloud, MN Esa115inZ Initials Pa 2 ■IIIKPY►+It~1Ptl ,141,1411,1411Kalkil.I41H' II III Reception#: 742075 01/30/2000 04:55:44 PM Jean Alberico 3 of 4 Rec Fee :$21.00 Doc Fee:0.00 GARFIELD COUNTY CO All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debts after the balance is due or is accelerated or after foreclosure proceedings are filed will not constitute a waiver of Lender's right to require full and complete cure of any existing default. By not exercising any remedy, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. 14. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent permitted by law, Grantor agrees to pay all expenses of collection, enforcement or protection of Lender's rights and remedies under this Security Instrument or any other document relating to the Secured Debts. Grantor agrees to pay expenses for Lender to inspect and preserve the Property and for any recordation costs of releasing the Property from this Security Instrument. Expenses include, but are not limited to, reasonable attorneys' fees not in excess of 15 percent of the unpaid debt after default and referral to an attorney who is not a salaried employee of the Lender or such additional fee as may be awarded by the court. These expenses are due and payable immediately. If not paid immediately, these expenses will bear interest from the date of payment until paid in full at the highest interest rate in effect as provided for in the terms of the Secured Debts. In addition, to the extent permitted by the United States Bankruptcy Code, Grantor agrees to pay the reasonable attorneys' fees incurred by Lender to protect Lender's rights and interests in connection with any bankruptcy proceedings initiated by or against Grantor. 15. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substance," "hazardous waste," "hazardous substance," or "regulated substance" under any Environmental Law. Grantor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will be located, stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances that are generally recognized to be appropriate for the normal use and maintenance of the Property. B. Except as previously disclosed and acknowledged in writing to Lender, Grantor and every tenant have been, are, and will remain in full compliance with any applicable Environmental Law. C. Grantor will immediately notify Lender if a release or threatened release of a Hazardous Substance occurs on, under or about the Property or there is a violation of any Environmental Law concerning the Property. In such an event, Grantor will take all necessary remedial action in accordance with any Environmental Law. D. Grantor will immediately notify Lender in writing as soon as Grantor has reason to believe there is any pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance or the violation of any Environmental Law. 16. CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened action by private or public entities to purchase or take any or all of the Property through condemnation, eminent domain, or any other means. Grantor authorizes Lender to intervene in Grantor's name in any of the above described actions or claims. Grantor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds will be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 17. INSURANCE. Grantor agrees to keep the Property insured against the risks reasonably associated with the Property. Grantor will maintain this insurance in the amounts Lender requires. This insurance will last until the Property is released from this Security Instrument. What Lender requires pursuant to the preceding two sentences can change during the term of the Secured Debts. Grantor may choose the insurance company, subject to Lender's approval, which will not be unreasonably withheld. All insurance policies and renewals will include a standard "mortgage clause" and, where applicable, "loss payee clause." Grantor will give Lender and the insurance company immediate notice of any loss. All insurance proceeds will be applied to restoration or repair of the Property or to the Secured Debts, at Lender's option. If Lender acquires the Property in damaged condition, Grantor's rights to any insurance policies and proceeds will pass to Lender to the extent of the Secured Debts. Grantor will immediately notify Lender of cancellation or termination of insurance. If Grantor fails to keep the Property insured, Lender may obtain insurance to protect Lender's interest in the Property and Grantor will pay for the insurance on Lender's demand. Lender may demand that Grantor pay for the insurance all at once, or Lender may add the insurance premiums to the balance of the Secured Debts and charge interest on it at the rate that applies to the Secured Debts. This insurance may include coverages not originally required of Grantor, may be written by a company other than one Grantor would choose, and may be written at a higher rate than Grantor could obtain if Grantor purchased the insurance. Grantor acknowledges and agrees that Lender or one of Lender's affiliates may receive commissions on the purchase of this insurance. 18. ESCROW FOR TAXES AND INSURANCE. Grantor will not be required to pay to Lender funds for taxes and insurance in escrow. 19. CO-SIGNERS. If Grantor signs this Security Instrument but is not otherwise obligated to pay the Secured Debts, Grantor does so only to convey Grantor's interest in the Property to secure payment of the Secured Debts and Grantor does not agree by signing this Security Instrument to be personally liable on the Secured Debts. If this Security Instrument secures a guaranty between Lender and Grantor, Grantor agrees to waive any rights that may prevent Lender from bringing any action or claim against Grantor or any party indebted under the obligation. These rights may include, but are not limited to, any anti -deficiency or one -action laws. OLIVIA M. GARCIA 411 Colorado Deed Of Trust InitialsCO/4XXngiem000630000059930450t2408Y °t996 Banters Systems, loc., St. Clad, MN 11111'af Y1411 p . ,44; I01I 111 411 III Receptiont: 742075 0Jan 1/30/2008 of 042Rec FFee5$24400MDoceFeeplberco 0.00t GARFIELD COUNTY CO 20. WAIVERS. Except to the extent prohibited by law, Grantor waives all appraisement and homestead exemption rights relating to the Property. 21. APPLICABLE LAW. This Security Instrument is governed by the laws of Colorado, the United States of America, and to the extent required, by the laws of the jurisdiction where the Property is located, except to the extent such state laws are preempted by federal law. 22. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Each Grantor's obligations under this Security Instrument are independent of the obligations of any other Grantor. Lender may sue each Grantor individually or together with any other Grantor. Lender may release any part of the Property and Grantor will still be obligated under this Security Instrument for the remaining Property. If this Security Instrument secures a guaranty between Lender and Grantor, Grantor agrees to waive any rights that may prevent Lender from bringing any action or claim against Grantor or any party indebted under the obligation. These rights may include, but are not limited to, any anti -deficiency or one -action laws. Grantor agrees that Lender and any party to this Security Instrument may extend, modify or make any change in the terms of this Security Instrument or any evidence of debt without Grantor's consent. Such a change will not release Grantor from the terms of this Security Instrument. The duties and benefits of this Security Instrument will bind and benefit the successors and assigns of Lender and Grantor. 23. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may not be amended or modified by oral agreement. No amendment or modification of this Security Instrument is effective unless made in writing and executed by Grantor and Lender. This Security Instrument and any other documents relating to the Secured Debts are the complete and final expression of the agreement. If any provision of this Security Instrument is unenforceable, then the unenforceable provision will be severed and the remaining provisions will still be enforceable. 24. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the singular. The section headings are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. 25. NOTICE, FINANCIAL REPORTS, ADDITIONAL DOCUMENTS AND RECORDING TAXES. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first class mail to the appropriate party's address listed in the DATE AND PARTIES section, or to any other address designated in writing. Notice to one Grantor will be deemed to be notice to all Grantors. Grantor will inform Lender in writing of any change in Grantor's name, address or other application information. Grantor will provide Lender any financial statements or information Lender requests. All financial statements and information Grantor gives Lender will be correct and complete. Grantor agrees to pay all expenses, charges and taxes in connection with the preparation and recording of this Security instrument. Grantor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Grantor's obligations under this Security Instrument and to confirm Lender's lien status on any Property, and Grantor agrees to pay all expenses, charges and taxes in connection with the preparation and recording thereof. Time is of the essence. SIGNATURES. By signing, Grantor agrees to the terms and covenants contained in this Security Instrument. Grantor also acknowledges receipt of a copy of this Security Instrument. GRANTOR: A OL IA M. GARCIA Individually ACKNOWLEDGMENT. (Indivld I) n OF a /41-64 j , OF This instrument was acknowledged before me this OLIVIA M. GARCIA . My COUd1SSION EXPIF S My commission expires: 06.0212006 day of �o-yce((tyy , tee? (Notary blit) by OLIVIA M. GARCIA Colorado need Or Trust C0I4300nglenn00063000005993045012408Y ®1996 Bankers Systems, Inc., SL Cloud, MN Initials Page 4 Illh��.rr'��}h�yMl�tG NW!! rmini LK11111 Reeept.iontt: 672958 01/2712016 03:46:46 RI Jean Alberico 1 of 1 Rec Fee,$11.00 Dee Fee :0.00 GARFIELD [AUNTY GO Original Note and Deed of Trust Returned to: Olivia Ti Garcia WHEN RECORDED RETURN TO: PO Box 2931 , • Prepared/Received by: Glenwood Springs CO 81602 1 REQUEST FOR FULL g❑ / PARTIAL RELEASE OF DEED OF TRUST AND RELEASE BY OWNER OF INDEBTEDNESS WITHOUT PRODUCTION OF EVIDENCE OF DEBT PURSUANT TO §38-39-102 (1) (a) AND (3), COLORADO REVISED STATUTES) C� i CO - I O4 January 22, 2016 Olivia M Garcia PO Box 2931 Glenwood Springs CO 81602 Bank of Colorado January 25, 2008 January 30, 2008 0 Check here is current address is unknown Garfield 742075 Date Original Grantor (Borrower) Current Address of Original Grantor, Assuming Party, or Current Owner Original Beneficiary (Lender) Date of Deed of Trust Date of Recording and/or Re -Recording of Deed of Trust Recording Information County Rept. No, and/or Film No. and/or Book/Page No. and/or Torrens Reg. No. TO THE PUBLIC TRUSTEE OF GARFTF.T.n COUNTY (The County of the Public Trustee who is the appropriate grantee to whom the above Deed of Trust should grant an interest in the property described in the Deed of Trust.) PLEASE EXECUTE AND RECORD A RELEASE OF THE DEED OF TRUST DESCRIBED ABOVE. The indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed ofTrust has been fully or partially satisfied in regard to the property encumbered by the Deed of Trust as described therein as to a full release or, in the event ofa partial release, only that portion of the real property described as: (IF NO LEGAL DESCRIPTION IS LISTED THIS WILL BE DEEMED A FULL RELEASE) Pursuant to § 38-39-102 (3), Colorado Revised Statutes, in support of this Request for Release of Deed of Trust, the undersigned, as the owner of the evidence of debt secured by the Deed of Trust described above, or a Title Insurance Company authorized to request the release ofa Deed of Trust pursuant to § 38-39-102 (3) (c), Colorado Revised Statutes, in lieu of the production or exhibition of the original evidence of debt with this Request for Release, certifies as follows: 1. The purpose ofthe Deed of Trust has been fully or partially satisfied. 2 The original evidence of debt is not being exhibited or produced herewith. 3. It is one of the following entities (check applicable box): a. El The holder of the original evidence of debt that is a qualified holder, as specified in § 38-39-102 (3) (a), Colorado Revised Statutes, that agrees that is is obligated to indemnify the Public Trustee for any and all damages, costs, liabilities, and reasonable attorney fees incurred as a result of the action of the Public Trustee taken in accordance with this Request for Release; b. ❑ The holder of the evidence of debt requesting the release ofa Deed of Trust without producing or exhibiting the original evidence of debt that delivers to the Public Trustee a Corporate Surety Bond as specifed in § 38-39-102 (3) (b), Colorado Revised Statutes; or c, ❑ A Title Insurance Company licensed and qualified in Colorado, as specified in § 38-39-102 (3) (c), Colorado Revised Statutes, that agrees that. it is obligated to indemnify the Public Trustee for any and all damages, costs, liabilities, and reasonable attorney fees incurred as a result of the action of the Public Trustee taken in accordance with this Request for Release; Bank of Colorado Name and Address of the Holder of the Evidence of Debt Secured by Decd of Trust (tender) or rause and address ofthe Tide Insurance Company Authorized to Request the Release ofa Deed anus' Stephen Paul VP r ;ox 520 r: Name. Tit t • 14,,..,.,1, • ` 4P0 14" Signature od Springs CO 81602 or Attorney ofthe Halder ofthe Evidence of Debt Secured by Deed of Trust (Lender) State of Colorado , County of Garfield The foregoing Request for Release was acknowledged before me on January 22, 2016 (date) by* Stephen Paul as VP for Bank of Colorado 6/19/2016 Date Commission Expires *If appli cable, insert title of officer and name degrees owner and holder Notary Public Witness my hand and official seal RELEASE OF DEED OF TRUST WHEREAS, the Grantor(s) named above, by Deed of Trust, granted certain real property described in the Deed of Trust to the Public Trustee of the County referenced above, in the State of Colorado, to be held in trust to secure the payment of the indebtedness referred to therein; and WHEREAS, the indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of Trust has been fully or partially satisfied according to the written request of the holder of the evidence of debt or Title Insurance Company authorized to request the release of the Deed of Trust: NOW THEREFORE, in consideration of the premises and the payment of the statutory sum, receipt of which is hereby acknowledged, I, as the Public Trustee in the County named above, do hereby fully and absolutely relee, cancel and forever discharge the Deed of Trust or that portion ofthe real property described above in the Deed ofTrust, togethe h,al11Irivi)fges an app ut races t¢ reto belonging. its EXHIBITED �'r�ol?Yt .r� of Trust rl• �Oeed m. u.r ajy`neD, mle L:ha:f (lfapplicable. Nacre and Address of Person Creat 2008 CPTA. All Rights reserved. ublic Trust" f4 Deputy Public Trustee d by 38-35-106.5. Colorado Revised Sonars.) , n ,Prl:.4bh JAN 2 6 2016 Rev. 04/08 878754 06/23/2016 03:59:38 PM Page 1 of 7 Jean Alberico, Garfield County, Colorado Rec Fee: $41.00 Doc Fee: $0.00 eRecorded RECORDATION REQUESTED BY: Bank of Colorado Grand Junction 200 Grand Avenue PO Box 968 Grand Junction, CO 81501 WHEN RECORDED MAIL TO: Bank of Colorado Grand Junction 200 Grand Avenue PO Box 968 Grand Junction, CO 81501 FOR RECORDER'S USE ONLY CONSTRUCTION DEED OF TRUST MAXIMUM PRINCIPAL AMOUNT SECURED. The Lien of this Deed of Trust shall not exceed at any one time $292,503.00 except as allowed under applicable Colorado law. THIS DEED OF TRUST is dated June 17, 2016, among Olivia M. Garcia, whose address is PO Box 2931, Glenwood Springs, CO 81602 ("Grantor"); Bank of Colorado, whose address is Grand Junction, 200 Grand Avenue, PO Box 968, Grand Junction, CO 81501 (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 grams, transfers and assigns to Trustee for the benefit of Lender as Beneficiary all of Grantor'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; all easements, rights of way, and appurtenances; all water, water rights and ditch rights /including stock in utilities with ditch or irrigation 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: Lots 34 and 35, Block 5 Mountain Shadows Subdivision as shown by the amended map filed January 20, 1966, as Reception No. 233190. County of Garfield State of Colorado The Real Property or its address is commonly known as 59 Pear Court, New Castle, CO 81647. Grantor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Grantor's right, title, and interest in and to 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 (A1 PAYMENT OF THE INDEBTEDNESS AND (81 PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND AU. OF GRANTOR'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN GRANTOR AND LENDER OF EVEN DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER 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. CONSTRUCTION MORTGAGE. This Deed of Trust is a "construction mortgage" for the purposes of Sections 9-334 and 2A-309 of the Uniform Commercial Code, as those sections have been adopted by the State of Colorado. 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 and Use. Until the occurrence of an Event of Default, Grantor may 111 remain in possession and control of the Property; (2) use, operate or manage the Property; and (31 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 as 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 Ib) 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 (11 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, 878754 06/23/2016 03:59:38 PM Page 2 of 7 Jean Alberico, Garfield County, Colorado Rec Fee: $41.00 Doc Fee: $0.00 eRecorded DEED OF TRUST (Continued) Page 2 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 not be 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 the Property 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 consent. 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 10 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, t0 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. Construction Loan. 1) some or all of the proceeds of the loan creating the Indebtedness are to be used to construct or complete construction of any Improvements on the Property, the Improvements shall be completed no later than the maturity date of the Note (or such earlier date as Lender may reasonably establish) and Grantor shall pay in full all costs and expenses in connection with the work. Lender will disburse loan proceeds under such terms and conditions as Lender may deem reasonably necessary to insure that the Interest created by this Deed of Trust shall have priority over all possible liens, including those of material suppliers and workmen. Lender may require, among other things, that disbursement requests be supported by receipted bills, expense affidavits, waivers of liens, construction progress reports, and such other documentation as Lender may reasonably request. 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 Real 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 131 years, lease -option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land 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 an the Property are 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 services rendered or 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 and except as otherwise provided in this Deed of Trust. Right to 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. 1f 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 116) 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 end reasonable attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall 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 assessments and shall authorize the appropriate governmental official to deliver to Lender 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 hen, or other lien could be asserted on account of the work, services, or materials. Grantor wit upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of 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 Improvements 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, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable 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 coverages will not be cancelled or diminished without at least tan (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 en area designated by the Administrator of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, for the full 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 loss or damage to the Property. Lender 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 to apply 878754 06/23/2016 03:59:38 PM Page 3 of 7 Jean Alberico, Garfield County, Colorado Rec Fee: $41.00 Doc Fee: $0.00 eRecorded DEED OF TRUST {Continued) Page 3 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 not committed to the repair or restoration of the Property 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 Grantor's interests may appear. LENDER'S EXPENDITURES. 1f Grantor fails (Al to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims, (B) to provide any required insurance on the Property, or (C) to make repairs to the Property 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, but is not required to, take any action that Lender believes to be appropriate to protect Lender's interests. All expenses incurred or paid by Lender tor 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 (AI be payable on demand; (el 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 (2) 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 to 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 of Trust: Title. Grantor warrants that: la) 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 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 (b) 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 Instruments 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. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceeding in condemnation is filed, Grantor 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 or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Nat Proceeds. If all or any part of 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 this 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 Lender's 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: 11) 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 specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (31 a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (41 a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Texas. If any tax to which this section applies 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 to 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 shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, 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 Idebtorl 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) ate as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY-IN-FACT, The following provisions relating to further assurances and attorney-in-fact are a part of this Deed of Trust: 878754 06/23/2016 03:59:38 PM Page 4 of 7 Jean Alberico, Garfield County, Colorado Rec Fee: $41.00 Doc Fee: $0.00 eRecorded DEED OF TRUST (Continued) Page 4 Further Assurances. M 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, this Deed of Trust, and the Related Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens 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 falls 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 Grantors 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, H 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 falls 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 any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ability to repay the Indebtedness or Grantor's ability to perform Grantor's obligations under this Deed of Trust or any of the Related Documents. 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 Collateralbatton. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to 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 part 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 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. Right to Cure. If any default, other than a default in payment, is curable and if Grantor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured if Grantor, after Lender sends written notice to Grantor demanding cure of such default: 11) cures the default within twenty (20) days; or (2) if the cure requires more than twenty (20) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. 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 penahy 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 11 as if it were real property, to be sold by the Trustee according to the laws of the State of Colorado as respects foreclosures against real property. The Trustee shall give notice in accordance with the laws 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, to 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. Collect Rents. Lender shall have the right to take possession of and manage the Property and collect the Rents, including amounts past due and unpaid, end apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attomey-in-fact 878754 06/23/2016 03:59:38 PM Page 5 of 7 Jean Alberico, Garfield County, Colorado Rec Fee: $41.00 Doc Fee: $0.00 eRecorded DEED OF TRUST (Continued) Page 5 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 to 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 Lander. 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 alt 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 sate 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 (Vote 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' tees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, at 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 bear 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 under applicable law, Lender's reasonable attorneys' fees not in excess of fifteen percent (15%) 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 reportsl. 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, Trustee 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 (unless otherwise required by laws, 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 for notices under this Deed of Trust by giving formal written notice to the other person or persons, specifying that the purpose of the notice is to 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 given by 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. FUTURE ADVANCES. In addition to the Note, this Deed of Trust secures all future advances made by Lender to Grantor whether or not the advances are made pursuant to a commitment. Specifically, without limitation, this Dead of Trust secures, in addition to the amounts specified in the Note, ail future amounts Lender in its discretion may loan to Grantor, together with all interest thereon. Grantor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Grantor's right, title, and interest in and to 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. MISCELLANEOUS 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 Grantor's 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 conticts of law provisions. This Deed of Trust has been accepted by Lender in the State of Colorado. No Waiver by Lender. Grantor understands Lender will 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 Grantor's 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 not 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 Grantor's interest, this Deed of 878754 06/23/2016 03:59:38 PM Page 6 of 7 Jean Alberico, Garfield County, Colorado Rec Fee: $41.00 Doc Fee: $0.00 eRecorded DEED OF TRUST (Continued) Page 6 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 Dead 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 ward "Beneficiary" means Bank of Colorado, and its successors and assigns. Borrower. The word "Borrower" means Olivia M. Garcia 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 applicable state 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. Grantor. The word 'Grantor" means Olivia M. Garcia. 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 materials 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, costs 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. Lender. The word "Lender" means Bank of Colorado, 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 June 17, 2016, in the original principal amount of $292,603.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of the Note is May 22, 2017. 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. Renta. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS. GRANTOR: / /� x � Z1ia /// 7,�/GIAiG� Oliv M. Garcia 878754 06/23/2016 03:59:38 PM Page 7 of 7 Jean Alberico, Garfield County, Colorado Rec Fee: $41.00 Doc Fee: $0.00 eRecorded DEED OF TRUST (Continued) Page 7 INDIVIDUAL ACKNOWLEDGMENT STATE OF 0.01Drr.U10 COUNTY OF fie. }ss } SHARON D. WILLIAMS NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20154011899 Alit Commission Expires AAatch 24, 201e On this day before me, the undersigned Notary Public, personally appeared OI3vIa M. Garcia, 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 and7offici}al seal this ('�f�I day of JUnts , 20/t -0r By 4M25t-i i).�{/i�QI �Y►�C}. Residing at 200G.ro.ndAtiv.tl7lrouiJ itC,fi(5n,Cb15o1 Notary Public in and for the State of COIDC?ittl] My commission expires 03- Zi--20L'f Originator Names and Nationwide Mortgage Licensing System and Registry IDs: Organization: Bank of Colorado NMLSR ID: 405279 Individual: Deese D Hand NMLSR ID: 681389 Lase:Pro, Ver. 16.1.10.003 Copr. D+H USA Corporation 1997, 2016. All Rights Reserved. • CO L:1CFI1LPL\G01.FC TR -132754 PR -544 878755 06/23/2016 04:06:08 PM Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $11.00 Doc Fee: $0.00 eRecorded RECORDATION REQUESTED BY: Bank of Colorado Grand Junction 200 Grand Avenue PO Box 988 Grand Junction, CO 81501 WHEN RECORDED MAIL TO: Bank of Colorado Grand Junction 200 Grand Avenue PO Box 968 Grand Junction, CO 81501 DISBURSER'S NOTICE The Information contained on this Disburser's Notice is filed under Colo. Rev. Stat. Section 38-22-126(2). THIS DISBURSER'S NOTICE IS DATED JUNE 17, 2016. BORROWER: The "Borrower" is Olivia M. Garcia, whose address is PO Box 2931, Glenwood Springs, CO 81602. LENDER: The "Lender" is Bank of Colorado, whose address is Grand Junction, 200 Grand Avenue, PO Box 968, Grand Junction, CO 81501, whose telephone number is (970) 245-1600. OWNER IIF DIFFERENT FROM BORROWER): PRINCIPAL (GENERAL) CONTRACTOR(S): Principal Contractor: #1: Factory Direct Housing, LLC Address: 2489 US Hwy 6 & 50 Telephone Number: Grand Junction, CO 81505 LEGAL DESCRIPTION OF PROPERTY: Lots 34 and 35, Block 5 Mountain Shadows Subdivision as shown by the amended map filed January 20, 1966, as Reception No. 233190. County of Garfield State of Colorado PROPERTY ADDRESS: Real Property located at 59 Pear Court, New Castle, CO 81647 LENDER: BANK OF COLORADO ssa O Ht��n Da t Vice President LaserPro, Ver. 16.1.10.003 Copr. D+H USA Corporation 1997, 2016. All Rights Reserved. - CO L:1CFI1LPL\G03C.FC TR -132754 PR -544 ■III�lrrl:�Fr�tfiIMLGi4g1f� 41n'trl�I� tali:i3FL�iY4rtl ®I Ill Receptiontt: 879516 07/11/2016 02:31:25 PM Jean nlberico 1 of 1 Reo Fee:$11.00 Doc Fee.0.00 GARFIELD COUNTY CO -7O Original Note and Deed of Trust Returned to: Olivia M Garcia WHEN RECORDED RETURN TO: PO Box 2931 Prepared/Received by: Glenwood Springs CO 81602-2931 REQUEST FOR FULL El / PARTIAL RELEASE OF DEED OF TRUST AND RELEASE DY OWNER OF INDEBTEDNESS WITHOUT PRODUCTION OF EVIDENCE OF DEBT PURSUANT TO §38-39-102 (1) (a) AND (3), COLORADO REVISED STATUTES) July 6, 2016 Olivia M Garcia PO Box 2931 Glenwood Springs t1602 Check here is current address is unknown Bank of Colorado November 1. 2006 November 2, 2006 Garfield 710341 1859/821 County Rcpt. No. and/of Film No. and/or Book/Page No, and/or Torrens Reg. No. Date Original Grantor (Borrower) Current Address of Original Grantor, Assuming Party, or Current Owner Original Beneficiary (Lender) Date of Deed of Trust Date of Recording and/or Re -Recording of Deed of Trust Recording Information TO THE PUBLIC TRUSTEE OF GARFIELD COUNTY (The County of the Public Tnlstee who is the appropriate grantee to whom the above Deed of Trust should grant an interest in the property described in the Deed of Trust.) PLEASE EXECUTE AND RECORD A RELEASE OF THE DEED OF TRUST DESCRIBED ABOVE. The indebtedness secured by the Deed of Tnnst has been fully or partially paid and/or the purpose of the Deed of Trust has been filly or partially satisfied in regard to the property encumbered by the Deed of Trust as described therein as to a full release or, in the event of a partial release, only that portion of the real property described as: (IF NO LEGAL DESCRIPTION IS LISTED THIS WILL BE DEEMED A FULL RELEASE) Pursuant to § 38-39-102 (3), Colorado Revised Statutes, in support of this Request for Release of Deed of Trust, the undersigned, as the owner of the evidence of debt secured by the Deed of Trust described above, or a Title Insurance Company authorized to request the release of a Deed of Trust pursuant to § 38-39-102 (3) (c), Colorado Revised Statutes, in lieu of the production or exhibition of the original evidence of debt with this Request for Release, certifies as follows: 1. The purpose of the Deed of Trust has been fully or partially satisfied. 2 The original evidence of debt is not being exhibited or produced herewith. 3. It is one of the following entities (check applicable box): a. ® The holder of the original evidence of debt that is a qualified holder, as specified in § 38-39-102 (3) (a), Colorado Revised Statutes, that agrees that is is obligated to indemnify the Public Trustee for any and all damages, costs, liabilities, and reasonable attorney fees incurred as a result of the action of the Public Trustee taken in accordance with this Request for Release; b. ❑ The holder of the evidence of debt requesting the release of a Deed ofTtust without producing or exhibiting the original evidence of debt that delivers to the Public Trustee a Corporate Surety Bond as specifed in § 38-39-102 (3) (b), Colorado Revised Statutes; or c. ❑ A Title Insurance Company licensed and qualified in Colorado, as specified in § 38-39-102 (3) (c), Colorado Revised Statutes, that agrees that it is obligated to indemnify the Public Trustee for any and all damages, costs, liabilities, and reasonable attorney fees incurred as a result of the action of the Public Trustee taken in accordance with this Request for Release; Bank of Colorado Nome and Address of the Holder of the Evidence of Debt Secured by Deed of Trust (Lender) or name and address of the Title insurance Company Authorized to Request the Release ora Deed of TrustStephen Paul VP P' Box 520, lenwood Springs CO 81602 Name, Tit d. �. . • gent, 01 Attorney of the Holder of the Evidence of Debt Secured by Deed of Trust (Lender) Signature Signature State of Colorado , County of Garfield The foregoing Request for Release was acknowledged before Ire on July 6, 2016 (date) by* Stephen Paul as VP for Bank of Colorado 6/19/2020 • Date Commission Expires 'If applicable, insen title of officer and name of correct owner and holder SUE 13RIDGER NOTARY PUBLIC STATE OF COLORADO NOTARYID 20004016233 • MY COMMISSION EXPIRES 06/10/2020 Notary Public Witness my hand and official seal RELEASE OF DEED OF TRUST WHEREAS, the Grantor(s) named above, by Deed of Trust, granted certain real property described in the Deed of Tnist to the Public Trustee of the County referenced above, in the State of Colorado, to be held in trust to secure the payment of the indebtedness referred to therein; and WHEREAS, the indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of Trust has been fully or partially satisfied according to the written request of the holder of the evidence of debt or Title Insurance Company authorized to request the release of the Deed of Trust; NOW THEREFORE, in consideration of the premises and the payment of the statutory sum, receipt of which is hereby acknowledged, I, as the Public Trustee in the County named above, do hereby fully and absolutely release, cancel and forever discharge the Deed of Trust or that portion of the real property described above in the Deed of Trust, together with all privileges and appurtenances thereto belonging. 1-XHIBITED t i, : r,• . (; F opy Dee8.bf Trust Public Trustee Deputy Public 'Fruslp��t/] t7fapplicab/e. Name and Address of Person Creming New Legal Description as Required by S 38.35-106.5, co1J ado Rtivse2 5azes. © 2008 CPTA. All Rights reserved. re.Garfield County Ckrissy Ziegler --Doran Recording Clerk 109 8th Street, Suite 210 Glenwood Springs, Colorado 81601 (970) 384-3700 ext. 1840 Fax: (970) 947-1078 Received From Address For Dat 81/9//6' 027223 ()(1th- &al ra4- Dollars $ q-7-5 MONEY ORDER ❑ CREDIT GARD 0 By C� FirstTitle AmericanCompany Heritage Making Transactions Pcrsonal TITLE DEPARTMENT — DELIVERY TRANSMITTAL 2700 Gilstrap Court. Suite 100 Glenwood Springs. CO 81601 (970) 384-2023 Fax: (970) 384-2024 FILE NUMBER: 926-H0136044-105-EA3 DATE: September 18. 2006 PROPERTY ADDRESS: 0059 Pear Court New Castle. CO 81647 OWNERJBUYER: Edgar A. West and Jewell Earline West / Olivia M. Garcia PLEASE DELIVER TO THE CUSTOMER LISTED BELOW: TO: First American Heritage Title Company Glenwood Springs Escrow Elizabeth Axthelm 2700 Gilstrap Court, Suite 100 Glenwood Springs. CO 81601 PHONE: (970) 384-2023 FAX: (970) 384-2024 E-MAIL: eaxthelmici?fahtco.com NO. OF COPIES: 1 ROUTING METHOD: TitleVault TO: Aspen Land and Homes Ralph Hubbell 1810 Grand Ave. Glenwood Springs. CO 81601 PHONE: FAX: E-MAIL: NO. OF COPIES: 1 ROUTING METHOD: Fax & Mail (888) 928-8484 (970) 945-9890 TO: Gerald E. Olshove PHONE: FAX: E-MAIL: NO. OF COPIES: 1 ROUTING METHOD: Fax (970) 927-3006 (970) 927-4975 TO: PHONE: FAX: E-MAIL: NO. OF COPIES: ROUTING METHOD: TO: Edgar A. West and Jewell Earline West PHONE: FAX: E-MAIL: NO. OF COPIES: ROUTING METHOD: TO: Olivia M. Garcia P.O. Box 2931. Glenwood Springs. CO 81602 PHONE: FAX: E-MAIL: NO. OF COPIES: 1 ROUTING METHOD: Mail TO: PHONE: FAX: E-MAIL: NO. OF COPIES: ROUTING METHOD: PLEASE REVIEW THE ENCLOSED MATERIAL COMPLETELY AND TAKE NOTE OF THE FOLLOWING TERMS CONTAINED THEREIN: Schedule A: Schedule BI: Schedule BII: ABOVE IS A LIST OF CLIENTS TO WHOM THE ATTACHED MATERIALS HAVE BEEN DELIVERED. SHOULD YOU HAVE ANY QUESTIONS REGARDING THESE MATERIALS, OR OUR NEW ON-LINE TRANSACTION MANAGEMENT PROGRAM TITLEVAULT, PLEASE CONTACT First American Heritage Title Company AT THE ABOVE PHONE NUMBER WE SINCERELY THANK YOU FOR YOUR BUSINESS. A POLICY -ISSUING AGENT OF FIRST AMERICAN TITLE INSURANCE COMPANY FA- FIrtCo st American Heritage le Co Making Transactions Personal Date: September 18, 2006 RE: Buyer/Borrower: Olivia M. Garcia SelIer(s): Edgar A. West and Jewell Earline West Property Address: 0059 Pear Court New Castle, CO 81647 File Number: 926-H0136044-105-EA3 We would like to thank you for choosing First American Heritage Title Company for your title insurance needs. Enclosed please find: Q COMMITMENT(s) • CCR'S Q SUPPORTING DOCUMENTS ❑ TAX CERTIFICATE to follow from the Escrow Office Schedule/Tax Parcel Number: 212536402042 R017084 For all of your closing needs, your Escrow Officer is: Elizabeth Axthelm: Please feel free to contact your closer at: (970) 384-2023, fax: (970) 384-2024, email: eaxthelm@fahtco.com, 2700 Gilstrap Court, Suite 100 Glenwood Springs, CO 81601 . For all of your title and commitment needs, your Title Examiner is: Tarnra Smith. Please feel free to contact your examiner at: (970) 384-2023, fax: (970) 384-2024, email: tasmith@fahtco.com, 2700 Gilstrap Court, Suite 100 Glenwood Springs, CO 81601 . Once again, thank you for your business, and please feel free to contact your Business Development Representative for a log -in and password to TitleVault our new on-line transaction management program. We look forward to serving all of your title needs. Sincerely, First American Heritage Title Company A POLICY -ISSUING AGENT OF FIRST AMERICAN TITLE INSURANCE COMPANY 09/18/2006 2:53:18 PM is TS File No.: 926-H0136044-105-EA3 STANDARD COMMITMENT FOR TITLE INSURANCE ISSUED BY First American Heritage Title Company AS AGENT FOR First American Title Insurance Company INFORMATION The Title Insurance Commitment is a legal contract between you and the company. It is issued to show the basis on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain risks to the land title, subject to the limitations shown in the Policy. The Company will give you a sample of the Policy form, if you ask. The Commitment is based on the land title as of the Commitment Date. Any changes in the land title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT PART OF THE TITLE INSURANCE COMMITMENT. YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. IF YOU HAVE ANY QUESTIONS ABOUT THE COMMITMENT PLEASE CONTACT THE ISSUING OFFICE. AGREEMENT TO ISSUE POLICY First American Title Insurance Company, referred to in this commitment as the Company, through its agent First American Heritage Title Company, referred to in this Agreement as the Agent, agrees to issue a policy to you according to the terms of this commitment. When we show the policy amount and your name as the proposed insured in Schedule A, this commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in the Commitment have not been met within six months after the Commitment date, our obligation under this Commitment will end. Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Disclosures and Conditions contained in this Commitment. This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B attached. First American Title Insurance Company By By By President Secretary Countersigned 09/18/2006 2:53:18 PM is TS File No.: 926-H0I36044-105-EA3 CONDITIONS 1. DEFINITIONS (a) "Mortgage" means mortgage, deed of trust or other security instrument. (b) "Public Records" means title records that give constructive notice of matters affecting the title according to state law where the land is located. (c) "Land" means the land or condominium unit described in Schedule A and any improvements on the land which are real property. 2. LATER DEFECTS The Exceptions in Schedule B — Section 2 may be amended to show any defects, liens or encumbrances that appear for the first time in public records or are created or attached between the Commitment Date and the date on which all of the Requirements of Schedule B — Section 1 are met. We shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we may amend Schedule B to show them. If we do amend Schedule B to show these defects, Iiens or encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of this information and did not tell us about it in writing. 4. LIMITATION OF OUR LIABILITY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met its Requirements. If we have any liability to you for any loss you incur because of an error in this Commitment, our liability will be limited to your actual loss caused by your relying on this Conunitment when you acted in good faith to: ■ comply with the Requirements shown in Schedule B - Section 1 or • eliminate with our written consent any Exceptions shown in Schedule B - Section 2. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and our liability is subject to the terms of the Policy form to be issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title to the land must be based on this Commitment and is subject to its terms. DISCLOSURES NOTICE TO PROSPECTIVE OWNERS (A STATEMENT MADE AS REQUIRED BY COLORADO INSURANCE REGULATION) GAP PROTECTION When this Company conducts the closing and is responsible for recording or filing the legal documents resulting from the transaction, the Company shall be responsible for all matters which appear on the record prior to such time of recording or filing. MECHANIC'S LIEN PROTECTION If you are a buyer of a single family residence you may request mechanic's lien coverage to be issued on your policy of insurance. If the property being purchased has not been the subject of construction, improvements or repair in the last six months prior to the date of this commitment, the requirements will be payment of the appropriate premium and the completion of an Affidavit and Indemnity by the seller. If the property being purchased was constructed, improved or repaired within six months prior to the date of this commitment, the requirements may involve disclosure of certain financial information, payment of premiums, and indemnity, among others. The general requirements stated above are subject to the revision and approval of the Company. SPECIAL TAXING DISTRICT NOTICE (A Notice Given In Conformity With Section 10-11-122 C.RS.) The subject land may be located in a special taxing district; a certificate of taxes due listing each taxing jurisdiction shall be obtained from the county treasurer or the county treasurer's authorized agent; and information regarding special districts and the boundaries of such districts may be obtained from the board of county commissioners, the county clerk and recorder, or the county assessor. PRIVACY PROMISE FOR CUSTOMERS We will not reveal nonpublic personal information to any external non-affiliated organization unless we have been authorized by the customer, or are required by law. CONSUMER DECLARATION STATEMENT This Commitment for Title Insurance may include a Schedule B exception reference to recorded evidence that a mineral estate has been severed, leased, or otherwise conveyed from the surface estate. If such reference is made, there is a substantia] likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property. The referenced mineral estate may include the right to enter and use the property without the surface owner's permission. You may be able to obtain title insurance coverage regarding any such referenced mineral estate severance and its effect upon your ownership. Ask your title company representative for assistance with this issue. First American Heritage Title Company COMMITMENT SCHEDULE A Commitment No: 926-110136044-105-EA3 1. Commitment Date: August 31, 2006 at 8:00 A.M. 2. Policy or policies to be issued: Policy Amount (a) Standard Owners Policy Proposed Insured: $ 212,500.00 Olivia M. Garcia (b) Loan Policy Proposed Insured: $ 170,000.00 To Be Determined (c) None Proposed Insured: $ 3. Fee Simple interest in the land described in this Commitment is owned, at the Commitment Date by: Edgar A. West and Jewell Earline West 4. The land referred to in this Commitment is described as follows: Lots 34 and 35, Block 5. Mountain Shadows Subdivision(Amended PIat). County of Garfield, State of Colorado (for informational purposes only) 0059 Pear Court, New Castle, CO 81647 PREMIUM: Owners Policy Tax Certificate OEC -NO ILC REQUIRED 09/18/2006 2:54:06 PM is TS $862.00 Mortgage Policy $75.00 $15.00 Form 100/8.1/LEC $125.00 $60.00 09118'2006 2:53:18 PM is TS File No.: 926-H0136044-105-EA3 Form No. 1344-B1 (CO -88) ALTA Plain Language Commitment SCHEDULE B — Section 1 Requirements The following requirements must be met: a. Pay the agreed amounts for the interest in the land and/or for the mortgage to be insured. b. Pay us the premiums, fees and charges for the policy. c. Obtain a certificate of taxes due from the county treasurer or the county treasurer's authorized agent. d. The Affidavit and Indemnity signed by Edgar A. West and Jewell Earline West and notarized. e. The following documents satisfactory to us must be signed, delivered and recorded. 1. Deed from Edgar A. West and Jewell Earline West to Olivia M. Garcia. 2. Deed of Trust from Olivia M. Garcia to the Public Trustee of Garfield County for the benefit of To Be Determined to secure: $170,000.00. For Owners Extended Coverage, First American Heritage Title Company will not require an Improvement Location Certificate (ILC). Exceptions 2 through 4 herein will not appear on said owner's policy. Upon receipt and approval by First American Heritage Title Company of a properly executed lien affidavit, exception number 5 herein will not appear on said Owner's Policy. If First American Heritage Title Company conducts the closing, disbursement and recordings for the transaction herein, gap protection will be provided to the proposed insured(s). If First American Heritage Title Company does not close, disburse and record, gap protection is available by purchasing a GE -1 endorsement prior to closing. Form 100 is hereby approved and will be attached to the loan policy when issued. Form 8.1 is hereby approved and will be attached to the loan policy when issued. For Lenders Extended Coverage, exceptions 2 through 4 herein will not appear on said lender's policy. Upon receipt of a properly executed lien affidavit, exception number 5 will not appear on said loan policy. If First American Heritage Title Company conducts the closing, disbursement and recordings for the transaction herein, gap protection will be provided to the proposed insured(s). If First American Heritage Title Company does not close, disburse and record, gap protection is available by purchasing a GE -1 endorsement prior to closing. 09!! 8/2006 2:53:18 PM is TS File No.: 926-11OI36044-105-EA3 Form No. 1344 -BI (CO -88) ALTA Plain Language Commitment SCHEDULE B — Section 1 Requirements (Continued) NOTE: IF THE SALES PRICE OF THE SUBJECT PROPERTY EXCEEDS $100,000.00 THE SELLER SHALL BE REQUIRED TO COMPLY WITH THE DISCLOSURE OR WITHHOLDING PROVISIONS OF C.R.S. 39-22-604.5 (NONRESIDENT WITHHOLDING). 09;1812006 253:18 PM is TS File No.: 926-H0136044-105-EA3 Form No. 1344-B2 (CO -88) ALTA Plain Language Commitment SCHEDULE B — Section 2 Exceptions Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction: 1. Taxes and Assessments not certified to the Treasurer's Office. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easements, not shown by public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the land would disclose, and which are not shown by the public records. 5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Any water rights or claims or title to water in, on or under the land. 7. Any and all unredeemed tax sales. NOTE: This exception to coverage will not appear on the policy(ies) to be insured hereunder if a Certificate of Taxes Due discloses that there are no unredeemed tax sales for this property. 8. Right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded on July 2, 1894 in Book 12 at Page 241. 9. Right of the Proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises hereby granted as reserved in United States Patent recorded on July 21, 1894 at Reception Number 16160 in Book 12 at Page 241. 10. Easement as evidenced in instrument recorded on July 20, 1904 in Book 4 at Page 11. 11. Terms, conditions, restrictions, provisions, notes and easements as disclosed on Plat(s) of said Subdivision recorded on May 28, 1965 at Reception Number 230035 and as recorded on January 20, 1996 at Reception Number 233190. 12. Any loss or damage arising from the fact that any fence lines on or near the perimeter of subject property may not coincide with property lines. 0 PR-1PLiPT1OLi AND (LUZ 1 ' RY THZ TNIITED STATIS OIT I lLIL<% L J I Certificate No 6 4 To all fo 'Whoa( these 2*ueseata mall mate, Gll > TING3t f hay deposited in the "erect .Land Office of the United States a Certificate of the Register of the Land Office at '`1,. ' /G '"4"`-'°"="" :'"'�L" " '-'''"?-0Y.e r whereby if /appears- that full payment has been made by the said . / according to the provisions of the Act of Congress of the 341h of April, 1390, entitled "An Act making further pro- vision for the sale of the Public Lands,,, and the acts supplemental thereto, for yr s u/ r! ` /. .c,2-7/ (/ ill , Y•cr 1 /t � • '%.L. 0.'..m ,,, i�radir Gra.,,t.-tr rr'.....irl.(4„„,/./rL.i x.,c,k _,.,...,../.../- .:1✓�•%.,-,:,!yL--0--,--,-1...-t-';.-4,1"_,-1. '°�. i}.(.a.--.-c.'O✓i/ Ls*.t_9%:/ iI GG'+' "/• - • _;' A� .1,11 1/1/�%.NZ . •if i - ,, uzg./c 6"1 2`- (Z,",- /,A.Zl ei .aYti/ ,: ..��!:. /;;:c•L6:_,...., :e�•�ra,.-a.tir4<....v.n.�i.GC. :':::,..,•:-;(---: �s/m�i Cf�—U.a,:,,.�.viL'o,s;/ E.:� .niir.../'4-.,,,"A_Ci64, �Fl:p^., .e-.;. micC%�.�,.rl2dfc,„r /i.%.c.1/fL+ Za :�C/,E.r-Ci.[/}�4!_N,L[X/,.,.-i/az.tHn_Hll./ LY,2.v/ / according to the Official Plat of the Survey of the said Lands. returned to tfie_Generai Land Office by the Surveyor General, which said Tract hailleen purchased by the saidiff-d•.,-r; FOw Knew Va., That the United States of America, in consideration of the premises., and in conformity with the several Vets of Congress in .such core malls and provided, have given and _'ranted, and by these presents / 'ff r r i do give and grant unto the sa4id f /- • r :✓- k' [l •� 'f and to (<<' heirs, the said Tract above desorTed: To Have and to Hold the same, together with all the rights, privileges, immunities and appurtenance,,¢,• of whatsoever nature, thereunto belonging, unto the said /44.a� .-_. .� , and to . c r .heirs and assigns forever; subject to any vested and accrued water rights for mining, ag'ri- cultural, manufacturing or other purposes. and rights to ditches and reservoirs used in connection with such water rights as may be reaogniied and acknowledged by the local customs, laws and decisions of Courts, and also subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the ls. sayrne 7 Sbunt � o�eaastr tr .ori rsect th 1yr rtet raaided h zom l/h.-�'y,�f ice. i �_e...�r , . :[�.r/; i ,'•hes/;"x':e%c::� «&_.`✓,/,u...r[?.��wu.c t`a Teaxaag Waereoi,• �,- �....�.�;{.<.1Went aF the United. 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CQ916(273499 .6494C...< uuabcj, 96.3. . 279. , .. . 969. _ 799.. .. • 4a'a°., 4.PL,.ar.°n. 1` Ratio.a. 00 Mote.vrni v 7x17 1I RoVp_;rj: Lei / ,.l' 7,7.6 PiPF Ln' e 9.0.3le 1139 Teo .. 13.9 .... ••q.w1., h .97 A STATE aF C&URP1O ST1IT£ME,'V CLAW To bU1TFR P HT 1 5� cox:lll • Or Gel !zet < ) 3rregat9031:10•16.010....9.0 9,1 Wftle7Dxsi•.c#.4 </d /4 0491/6 4/( eYtw.-,ra1 C�.,: 90.17 /fr..il�ww r�` :.c 4. / !6!/�</9 2.4 pr,G.3.44,r/.• •/<1L6• f_.140.t44 011.44'324_.3%3196(/I. �X aY6L4 .59.-ol9( sGr1' K .d,�.GY+�r Wai �Ce!i 0.1 . x73.4. 500.372.. u a.-Gc .60661 �i, o,a.c9a4,.,, a...•s[ .+�•s.•.3cerc r z6¢ 6 7rr.4 :+.! Ad g' 60137 60641.. a'...c i. f •/ a.99 �..r lF.o.-../r- ';� Bhh' ..,.{ucJc.eia.6.a.,•.,..¢6.c t dr4011., 6E6.,<.,,G2 r.a 49 47,1949 = . 0.•66 .9.r.,a .tg1...3d s.: 6.a 3;4.,.E,4� )99,,+.' 6 73.+x. 'Gcw+•a a'fr Xrut 7s's�o+.31 /+x11-!2.!!'!797 .2.n aj ceezth ":f4 - -.1.tedL��raa COG 397E a< zfe6E. ?- x a --•.+•r- 7. 7.9. �tro.:._.01 /3. 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FRAGM f - PRIM( ,e1.7 41.." <2....-1.-. rhy•m•K 4.• ant:1.d4%, At' PA, ea- y.,ieteee: ohea. 4....a.tee.e infe. 1..a.e....7. et...La( iefaerl.Lea • Welt 4......1( ....c.e........4....,ae:7 .f.eeel.(.........2. 44‘ 1 I-24.74. -7/424ef 9 ' ' . "21- 1 : -Surbscrtbed cmd sivoyn 1. bybre h. AM •^4( a, ol 1,1,..-,,,a.00.6 or -.6 1 ti-L.S, dr--1'',.e-T-' 6,..i .-,..;:t7Vr e6.-/-c6,y -6 6„ v .... 4 1A.S.teral ) doo'herlood • • •en .5773TE COLORDO1 cowl& oJ aarrida Roareicit add.. Cotoraoo /tidehenp .4.e 44141•44 Be.aeal•odit ..doe.ac-ALoaome 4.ocol dd. .Goo. 044.4d;st ao5:1(-astr 1744 Kto.ast as000-or0000,-/-daloC.. . • j'a a . auboorrboa ona. Ardor, to &pat Jon )4io.o.41:1 ttr A.Z1/401- /277 art' , • sor• d :coo --•••• oOl .STATE GOLOWAyss city rind countie yverven Gaily da% 16 fieue. r -f.1•4 /8° iiinivy All /901: Ei•e:G•ar enr:ww, • .srArx Earstazots MIER COLORRDO EA• • ' • /9 /, • 1 e •-rwv CI,ToVISM en, • ' • '4 /5 .es• za4r4,_, • ," 3,7'. 15 1 AgL ;TIC I wavrxe, 6 A4 AP0F:THE: MOUNTAIN..SHADOWS SUBOIVIS/ON ', •*-.1 1...0 7 .5 .3 A;VD 4 OF: . 567C770,,V . 3 " : - --t • k -'''''. 7.- 6 5., R. 9 l vie OF tic 1 k7,4. -R/q, • • 1 S W A SE* AND sExesc,*OF:SertioAt 3 7.- 5. 3., R. 9/ 'W OF 'IPA"- 677.1..h PM GARA-7 ELI, COUNr1; COLOR 400 " • scALE / Avcw - 100 ,----4----,- - srArefriovr 6,--- OWNER ANO oA-ez:, OF aEo/c-A•rrom:' . : - • , .. ., bfarvapet R 72,1270754 ze;f79, 'ie sole 0.4.7-7ers iir ere sariwie oir eV/ KNOW ,4L1./WEN 8Y rmr-Te RRES£7477-5'i 7hor` 1.k.; Zafaa14 FaY,14..T.T..e0/4.27:43F/6019.0/,0 0,...,0' 4,e.,499 /7 74 CstAst, .;:uf Cop.".4/0' stow' Stole Er( Cis/oradai.vieserrbeer .1...."0"//e4re A r,-,,,,/ of /aim/ SfAus,'s-s, dir ZoiS .3 <2-741 4 of aecii a Peii,44;eh7a 6 Sou -At /a:77/9e,9/: Bleei- 07, 797e Six•Art P.-/%7e7Ro/ .41e7-/e7e777' of& /.?? WU' SA426, Sal* 75...aaship 5 sck.”9, 8ar/9e 9/ Wes,' of Wye .5744/7 P, --,...-7c4.29/ Alerleis777' oesewhedegir442//o14: • _57: .:' .3eip"..7...7,;75. 7:77t a "0.0497‘ 40 1./7e C0/0/.00f0 ReVeri 4.4.1379 fire 7`erie .ies'87 ea)- ail'e:ittorW,"' Wows. Corner of 0-40.4? .s-eebise-7 a, o.F.4.00,74"-e. 4:7 .5145,7,5. ..1-e•Pc a.exa' ,rwroperk, ,...i74:0-4tec, 717,- - 741; • ,t, /Age said if/hire-' Cetei7e? of :reef -7'a"; 3 ee;t7.-e-'3:044-17 85%.!88•74fel,E;thence N 36,55e; 808.78 area./ eaRai7y ce,71-er of 00,0f /Well 7..0/erree /114.0',47:45a: 80s..97::,.7e7z Ohs...," [-MA,' Ore .50/4/ Y.7E/Cr"; Waerree N.4:7•004". 37419 fee7' 0/0/1.4.;‘4:01Zy....pyr-..S'ikid:Wkeys...4. 41..5Z.'45.50Z- 5/19/ feel' ta.earrea c-eiari.? aye said ?Veer; 76/43 Na0508 .332:.73.7 • 474,-107 Ce7.4.7- ae"..sa...d rird?; fo‘iterce At .6-6-4z8. 448..5z. -7"eell :::,-.4757. rive, Aisenee Az co-sse. e61a3 le -e-/ ak."79 ce...675, 4.0.C.said ..,•-hee-,-„, f-he.-xe-e,.5:89'44:80Z 66././ "reef• pep 7z/7e A-Gs/Leo-4 /Age ore"witl.s•-e•c74•O:,7 ,gc.)--7‘Ae!:-7e-e500'03:6: ".. zge000 7S..ep4 er, r93e szen'theas7' corfere-r- .pt-,451.5•PC7ti.a-7....4%j 0 '..5.7‘0,:0e.',0)4,,,,41.. 74,5.4..."Ce* 5:4201e8:30:4" /7585 its.',-; :50ei7ce ...TD7'00.e....4-E: .80484 ,'se '-e '7 ,i-e,s7°Tsro.: 84e •,,--.-,-4. ,,,,,,,,e a •03-sivs-.4( /1446 fee'; viohenee S•gra•SeVZ"-fie'.-..359.41r, 7'44.7f,-;r:4A*ent'e 4. 1. .. N6-6'wne .....sA.). ea: A..e7i 7 0 .00.7,7, 0? 74he kres-/- /..,.,73 of 5-eaio':5•47c-4,ean, :9, •i54serice ..9.80.7S- '4 -et 7., N-..- .64,..-69.......,-, c............ of .--,...e. secbaia 8 fheiaa.aaa' 0fiyi.,7/7.,a",. ca.aAaiiairig 5887 acres- .070...-3 oe 4e..5.7. .s 17ee.., .. ia, . . . AK. dr, et59- tAbclivide 8./d. 0.lea/ ,o.eoptee* CPINO. desig.rre Wae- sriae eaS a .4farieFeraria ...5:itaafas..,s‘ /,7 -"We Counts, -.0-./. ice:A.-ice/a; Ca/'.' ,,,,,e...44, .....,d, -. 4 01445; 66 i,eirbu skate- awe' ce..."-,tifir os 74-6-gors: '• : . . /. 711.01 ...-e ../-7s,/e' 4-sasraf ,,7,7./5 ...Q.:cr ta be /node d;iiie:14Triecl, 8. liaa/...re ..17.azie caused,i75e a'aore cieserriiked redaiae;riti, 7`z, Oe ,10...,e, ..-w' se/ds//s,;-:/,' ...:,,,,, ..,,,t.,-; 2/a--cks; sr'reer's- ono'c...94//i't. %...a.-./..re•new,e-s- .au - 3. 74a, Are herabri aedicafe >3.:, -he Aub/ie use Wae .$4:7-ceis ohi,/ e//9/4/5/ O$ "Isrese7 ,c7.4s.11'S'S; /eat-ar'ed arrad de-s*???aaAeci,,,erie4 ,ave,c,:›4•zei 6e.i.., .p,,,,e5,/,c &we 7,01.«.-e• cf.' eys r^.,::,, ar .5,4-e-ei.s> 4.75'/...);.i...s awrie ..--A9.7`e"...-4,-/ oitichwes. „,0 .14•I'.0,...53 4,4• f ,see /rapt fre hereaarh, $e/ cr."? .0.aadeg.a•d;selai:z... ' a c "'far .4.5 4,765 . . 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Ge7P, A,.........e,,e;‘,/ .ree.; ir. .A4 C0177/72./5.5/4,7 .r./..0./Pre..., --------------4',,,.... /1/47:1214, .... „. QT 3 • • ' 6..0/79c.fel n. "7,24... • Suivey-o,'"--77 • fl,rifit.11'- vox ‘77.-attosespi • alw•ra.•751,,riA riattEcife,;r; 7r. .-41. asvousaws.am....4ta..96.,-; • 57ATE'M6NT di /CNOW .A[ L MJcorqorrif. •R • To/A /gine A 7ruCf .t 'f✓esf;o{ {erg•s s:csf 47"44 -her of srVfncss. 'cor 7e,i "'.cYrr,'c' _ of ativoh o%rsq .:c •/7' t .f7Ce. /320..00 lrei' 7‘1 {4henCe 'SL+7 e831 44..17•!4! /SPO,+ Nore/7 kf.eg COn irriq ...56 • M , 7oY» Sl�vcd ewe -h ofrrs:xlo , r: Tho,` ,re )7r/ ,ord ,ond sad& 3: Th4,4 ...eel .4,•s-..hei'ec.i in iyi.�hrs' �+ vpnp Of"C'OLOR 6J:2 .•;.7�W COUNTYrG� /965 , fbiryy. A`. Ta/6Forrris Wi9"irts, `.CE.PTiFrCATE• -OF .Z Bober' L •Co%rao'oj'.ab He op9corriird Dr. .24 die/d .sriegev & i as l4/i4nrss..oayi shill QF COGORR COUNTV a' 34RFYE . _ The. obe _tE doqq.olNfe O'ixss •,N/ .C.elerrfi LOT4 'AcCcptrd ,' •4,14 C'or."4,7 .; CO/OrOd • Cs� 1 43 . . • . • • • „ . . . • AMENDED. MAP OF THE MOUNTAIN SHADOWS SU8DIVIS1O , sfrufia-e-e, /iv • LOTS 3 AND 4 OF SECT/ON: 3 - 7 6 S.., R. 9i W OF 77-74ET tTHPH- Awe> ffvf - - • • I .259 -Se./ 0-1 • kY' ts7-051•47. ,2i53;/ 90 as ,-:::f:fs,`ZT.:z; 07- • • fria-iSE14 AND SEgt .5t* -OF SECT/ON 36 75. s:, I 91W- Ofe THE. 64-4 , GARA—/ELD COUN.7Y):.•:COLPA-6100 sc.44.e /New .700 ,4: -Ater •, • 57--A7-4,7A-few,- 0,- (21414/e -RS ANO .GEZ70 Or 0.5Z7/CA770N.• • ifNOW ALL AfE.N 8V 7Ne--5-fwesew7-3,_ my,' #44;7-....fa,9,-, A--4,-fris - 2-/fz-„Asofnr..4.,-avoetw oPfer` .-. 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