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HomeMy WebLinkAbout1.0 ApplicationCover letter explaining the request Norris & Susan Ewalt at 12 Seeburg Circle (Lot 37A in Aspen Glen) in Carbondale along with our neighbor Dennis Murphy (Lot 37B) seek to amend our common property line located at the corner of Seeburg Circle and Diamond A Ranch Road. The change pertains to Aspen Glen filing 1, lots 37A and 37B to amend the common lot line created by the duplex subdivision of the property. Survco of Glenwood Springs, will be retained to locate the new property line so that: • the revised square footage of lot 37A and 37B remain equal • the garden area directly adjacent to the front door of lot 37A is included in Lot 37A and no longer a part of Lot 37B Norris Ewalt will work with Kathy Eastley of the Garfield County Community Development Office to gather, submit and pay for the actions required by Garfield County to make this property line change effective. Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION Owner/Applicant Name: 9RP$ 1 Ce., ,+itif E'U/ L-% Phone:(' — cf, 62 • Minor Subdivision � ( 'i /E. • Preliminary Plan Amendment Major Subdivision E-mail: it.- S' eth, / ' _/I F . J114 Final Plat Amendment • Sketch ■ Preliminary ■ Final Representative (Authorization Required) Name: • Common Interest Community Subdivision Conservation Subdivision • Public/County Road Split Exemption • Yield • Sketch • Preliminary • Final • Rural Land Development Exemption • Time Extension PROJECT NAME AND LOCATION Project Name: INVOLVED PARTIES Owner/Applicant Name: 9RP$ 1 Ce., ,+itif E'U/ L-% Phone:(' — cf, 62 Mailing Address: /l- 5P. � ( 'i /E. City: ('L4OVl.! �_ F State: CZip Code: (/'6 Z,T E-mail: it.- S' eth, / ' _/I F . J114 r Representative (Authorization Required) Name: Phone: ( ) Mailing Address: City: State: Zip Code: E-mail: PROJECT NAME AND LOCATION Project Name: Assessor's Parcel Number: 2- 3 c 3- Z. 0 3- 0 4- L ( S Physical/Street Address: Legal Description: ASIA 1_E -i L-_ / _IN 1 / ,....4_,S I cr Zone District: r t1'- Property Size (acres): Project Description Existing Use: t Dt r74.L_ Proposed Use (From Use Description of Project: Table 3-403): R s► – Ct.4 i -- L. T--tom--i — ."t`\ 1E F T Proposed Development Area Land Use Type # of Lots # of Units Acreage Parking Single Family Duplex Multi -Family Commercial Industrial Open Space Other Total REQUEST FOR WAIVERS Submission Requirements The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: 4--Z0? hue • ;-e(� Section: Section: 5.---402. ('1-t ` S Section: Waiver of Standards CI The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: 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 4g/Z5 Date OFFICIAL USE ONLY File Number: _ _ _ _ - _ _ _ _ Fee Paid: $ Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-countv.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION El Minor Subdivision L Preliminary Plan Amendment Major Subdivision Final Plat Amendment Sketch Preliminary Final c Common Interest Community Subdivision Conservation Subdivision c Public/County Road Split Exemption Yield Sketch Preliminary o Rural Land Development Exemption Final Time Extension INVOLVED PARTIES Owner/Applicant Name: / ZZ.vtS 644401 t tUQ3 ( icR- q's3—e6 Phone: Mailing Address: l 02 ccszi' •rc City: ' ,5CIYI ca/ c „ State: Zip Code: iF(6iQ E- mail: ry C7 �r-�s &.) G¢ /�� / 2 a dot- 4?) Ca_n--1 a Wa% C --c) F /6 .R 3 Fl6 - 8q e- 62q„2 E Representative (Authorization Required) Name: Phone: ( ) Mailing Address: City: State: Zip Code: E- mail: PROJECT NAME AND LOCATION Project Name: 4S ll g '' fdixij1 , G .b ��,4 1= 3 9'3 Q03 Oe -f. /I 4 _ Assessor's Parcel Number: 73 9 -3 - v 3 - 0 4 - 1 1 S_ Physical/Street Address: Legal Description: '45 ql z /(' (4' � �U775' 2 3 713 a 5723 Zone District: Property Size (acres): Project Description Existing Use k.1.QS r z E)- 42 - Proposed Use (From Use Table 3-403): Description of Project: A✓ AV/.00!)/17 uhf T Proposed Development Area Land Use Type # of Lots # of Units Acreage Parking Single Family Duplex Multi -Family Commercial Industrial Open Space Other Total REQUEST FOR WAIVERS Sub i Sion Requirements The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: 1- (2O3 /4/ ? ' a ,r! -`Section: Section: .5'- 4,4-6 c.C R ' Section: Waiver of Standards I=1 The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: 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. 04, gJat? Signature of Property Owner 'razz,/ /� Date lU l e(/ OFFICIAL USE ONLY File Number: _ _ _ _ - _ _ _ _ Fee Paid: Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2393-203-04-114 2393-203-04-115 DATE: November 21, 2014 OWNER: Ewalt, Norris D. Trust and Ewalt, Susan M. Trust - Lot D37A and Dennis Murphy - Lot D37B norrisewalt@qmail.com 312-953-0620 or 970-340-4152 PRACTICAL LOCATION: 210 E. Diamond A Ranch Road and 12 Seeburg Circle TYPE OF APPLICATION: Amended Final Plat I. GENERAL PROJECT DESCRIPTION Aspen Glen Filing 1, Lot D37A and Lot D37B seek to amend the common lot line created by a duplex subdivision of the property. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Garfield County Land Use and Development Code, as amended (LUDC) - Sections: • Garfield County Land Use and Development Code of 2013, as amended • 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 III. REVIEW PROCESS The process to accommodate this request shall require submittal of an amended final plat processed by Administrative Review pursuant to the LUDC. A. Pre -application Conference. B. Application Submittal. (3 paper copies and 1 CD) C. Determination of Completeness. D. Schedule Decision Date, provide documentation regarding notice requirements. E. Additional Copies requested and sent to referral agencies (if needed). F. Evaluation by Director/Staff resulting in a Staff Report to the Director of Community Development. G. Director decision issued and forwarded to Board of County Commissioners for call-up review (10 days). H. If no call-up is requested the decision is final. Mylar of plat may be submitted for Board signature. I. Recording. IV. PUBLIC HEARINGS AND NOTICE Public Hearing notices shall be posted, mailed and published pursuant to Section 4-101.E. None, unless call-up is requested/ Referral will be sent to the following agencies: County Surveyor, Aspen Glen DRB V. SUBMITTAL REQUIREMENTS A. General Application Materials a. Cover letter explaining the request b. Deed to demonstrate ownership c. Application form and fee d. Agreement to Pay Form e. Statement of Authority for any trust or LLC f. Letter of authorization i. Dennis Murphy authorizing Norris Ewalt to act on his behalf H. If Michael Sawyer is to represent Ewalt, then a letter from Ewalt will be required. g. Names and mailing addresses of properties within 200' (Assessor's Office) h. Assessor map indicating properties within 200' i. Mineral Ownership — Names and mailing address of any severed mineral rights owner (Clerk's Office) — Applicant is required to do research to determine if there are severed mineral owners. This information may be found in a title commitment or in the Clerk's Office. B. Vicinity Map — typically on the plat. C. Copy of existing plat for the two properties D. Final Plan Map — see description in 5-402 E. E. Draft Amended Final Plat — see description in 5-402 F. F. Copy of pre -application conference form G. Subdivision Improvements Agreement — request waiver H. CCR's — request waiver VI. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 100.00 $ Plus additional Staff time at hourly rate of $40.50 Referral Agency Fees: $ 0 County Surveyor: $ 100.00 (approximate) Recordation: $ TBD Total Deposit: $ 100.00 General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. 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: I kl ((4 Date Garfield County PAYMENT AGREEMENT FORM GARFIELD OUNTY ("C UNTY") and Property Owner ("APPLICANT") alit} a ,s j S agree as follows: 1. The Applicant has submitted to the County an plication for the following Project: die /i°71cxi.v S ?to 4sfasmart Cj/ lG 374 �'Z 2. The Applicant understands and agrees that Garfield County R6Iution No. 4-60, as clysfTz�2✓' amended, establishes a fee schedule for each type application, and the guidelines for the /2-e 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: 50,5/W at/AZT Contact Person: ��� Phone: (3 (o� `75T3 ea, Billing Contact Address: /0.2 .z Gl-V City:(124 $6:041-44 State: CYO--; Billing Contact Email: Printed Name of Person Authorized to Sign: (Signature) ani 47/6 (Date) A A a 0 7 3op 9 7 S 2 a :O 2 2 2 21 2 I�1 p p a tale N O W P 0 4 .111 U1.1 A, O O C G 8 0 0 10 00 O [.W[J� -J 00 W 0+ OV t0 N N 020 r -i OV W NO. 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S g g = = uarneta Lounry, w l iviap rant 441 road CARBONDALE GLEN LOT E 24 LLC 14225 VENTURA BLVD #100 239320301024 EWALT, NORRIS D TRUST & EWALT, SUSAN 11 TRUST 12 SEEBURG CIRCLE 239320304114 SEVEN SEAS EQUITIES, INC 2840 WEST BAY DRIVE #347 239320304039 NOVAK, JAMES & KANZ1.ER, MICHAEL 6387 NEW ALBANY ROAD 239320301023 KURA3iAN, GEORGE M 3R TRUST 3110 HOSNER ROAD 239320404034 SHIRK, JAMES A PO BOX 1549 239320304038 DAWSON, HANNELORE P AS TRUSTEE OF THE HANNELORE P DAWSON 2004 TRUST 13602 3ADFSTONE WAY 239320304036 MURPHY, DENNIS PO BOX 2911 239320304115 MKS INVESTMENTS LLC 5010 HILLSBORO AVENUE NORTH 239320304044 D-35, LLC 1818 RIDGECREST WAY 239320304035 2 more matches... rage 1otl IMRST.e..1.!IgnirilL11711,11111111M2(1146 "r. 1 • arfield County, CO llMm: UiYtal% l1. 4 gale; " 1 x no amp a far Illuariths parmem calm ind am net nom= amum. It mumma de felon! ommoirly or Om mum...amen or =MM. Mallasis onapliamws. Tha admumamelps imal ramps all Mama annams al the maps aal elite. Makallas ins OM Mit Me mapi MIA an gameMel ma maram ,p4 ail maim. nrtmmat ail awn llon. lls Maar Is aw.remd sr Garold Corium a is las imam R mum diam a.a w http://garfieldco.mygisonline.coin/print/?extent 305827.520178568,4366339.204,307309.... 1/23/2015 Mineral Ownership Information Norris Ewalt met with the Garfield County Clerks office on 11/20/14 re: any prevailing mineral ownership rights and was advised that there are none. kUi UQi GUUV itr:au CA,\ 111111IIIA 1111111 11111 III VIII NNIII III VIII IIII IIII 708772 10/12/2006 01:54P B1852 P35 M ALSDORF 1 of 4 R 21.00 D 8.75 GARFIELD COUNTY CO GENERALjWARRANTY DEED THIS DEED, made as of this 5 'day of October, 2006, is by and between Martin H. Freeman, and Roslynn M. Freeman, (c-ollectively, "Grantor"), whose address is 9064 Falls Creek Main, Durango, Colorado 81301, as to an undivided 5/8 interest in the Property (defined below), and Dennis P. Murphy, an individual, ("Grantee") whose address is P.Q. Box 2911, Basalt, Colorado 81621. Il010/022 1 `.75 WITNESSETH, that Grantor, for and in consideration of the sum of TEN DOLLARS to Grantor in hand paid by Grantee, and other good and valuable consideration, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto Grantee, his heirs, personal representatives, successors and assigns forever, Grantor's undivided 5/8 interest in the real property situate in the County of Garfield, State of Colorado, and more particu.larly described as: Lot D-37 Aspen Glen Filing No. 1 According to the plat thereof recorded April 6, 1995 as Reception No. 476330 in the County of Garfield, State of Colorado (the "Property"). (Purported street address: 0210 E. Diamond A Ranch Road, Carbondale, Colorado, 81623). TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the Property. TO .HAVE AND TO HOLD the Property above bargained and described, with the appurtenances unto Grantee, his heirs, personal representatives, successors and assigns forever, and Grantor, for themselves, their heirs, personal representatives, successors and assigns, does covenant, grant, bargain and agree to and with Grantee, his heirs, personal representatives, successors and assigns, that at the time of the ensealing and delivery of these presents they are well seized of the Property, as of good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same is free and clear from. all former andother grants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature soever except general taxes and assessments for the current year and all subsequent years; and except for those matters shown on Exhibit "A" attached hereto and incorporated herein by this reference; and the above bargained premises in the quiet and peaceable possession of Grantee, his heirs, personal representatives, successors and assigns, will warrant or forever defend against alt and every person or persons lawfully claiming or to claim the whole or any part thereof. IN WITNESS WHEREOF, Grantor has executed this Deed as of the day and year first above c) written. M: 'nH.F eeman rtin H. Free an 1 Roslynn M. Freeman u , oslyn Feeman /-eAnts i P1 of -01 P6Aiy tij 1 111111 11111 fit l l l l l 11111111111111111 111 I l! 11111 111! 111 708772 10/12/2006 01:54P 81852 P36 M ALSDORF 2 of 4 R 21.00 D 8.75 GAARFIELD COUNTY CO L STATE OF .. C1`a(_ r ) ) ss, COUNTY OF "'� [a011/022 �1� The foregoing instrument was acknowledged before me this 6 day of October, 2006, by Martin H. Freeman. Witness my hand and official seal. My commission expires: t- - 1 h Notar ' Public STATE OF L(Lri _& ) COUNTY OFLc� fa, The foregoing instrument was acknowledged before me rday o Rosl.ynn M. Freeman. Witness my hand and official seal. My commission expires: -1-73-F0 HAN1E STEv /ART TARY PUBLIC: F OJ QLOPADO My Commission Expires 07/03/2010 Notary ' ublic iterEOHANIt'STEWART t.. ')TARS' PUBLIC 1. OF COLORADO fission Expires 07/03/2010 @J012t022 1111111111(1Bill 111111111111111111111111111111111111 708772 10/12/2006 01:54P 81852 P37 M ALSDORF 3 of 4 R 21.00 D 8.75 GARFIELD COUNTY CO EXHIBIT "A" "PERMITTED EXCEPTIONS" 1. Terms And Conditions of Resolutions by the Board Of County Commissioners of Garfield County, Colorado, concerning the Aspen Gien Planned Unit Development and other matters, as set forth as follows: A. Resolution No. 92-056 recorded June 29, 1992 in Book 835 at Page 305 and amended in Resolution No. 97-38 recorded April 16, 1997 in Book 1015 at Page 617. B. Resolution No. 93-121 recorded December 28, 1993 in Book 887 at Page 824. C. Resolution No. 94-008 recorded February 2, 1994 in Book 891 at Page 620. D. Resolution No. 94-089 recorded August 9, 1994 in Book 91 1 at Page 791. E. Resolution No. 94-139 recorded December 13, 1994 in Book 925 at Page 345. F. Resolution No, 95-004 recorded January 17, 1995 in Book 929 at Page 64. G. Resolution No. 96-06 recorded February 9, 1996 in Book 966 at Page 682. H. Resolution No. 96-07 recorded February 9, 1996 in Book 966 at Page 686. I. Resolution No. 96-26 recorded May 9, 1996 in Book 977 at Page 399. J. Resolution No. 98-88 recorded October 13, 1998 in Book 1092 at Page 757. 10. Restrictive Covenants, which do not contain a forfeiture or reverter clause, but omitting any covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable State or Federal laws, except to the extent that said covenant or restriction is permitted by applicable law as contained in Master Declaration Of Covenant, Conditions And Restrictions for Aspen Glen recorded April 6, 1995 in Book 936 at Page 350. First Supplemental Declaration recorded July 15, 1997 in Book 1026 at Page 161, Second Supplemental Declaration recorded November 26, 1997 in Book 1043 at Page 850, Third Supplemental Declaration recorded February 10, I998 in Book 1053 at Page 8, Fourth Supplemental Declaration recorded February 10, 1998 in Book 1053 at Page 30, Fifth Supplemental Declaration recorded May 1, 1998 in Book 1065 at Page 800, Sixth Supplemental Declaration recorded May 22, J998 in Book 1069 at Page 58, Seventh Supplemental Declaration recorded August 24, 1998 in Book 1084 at Page 943, Eighth Supplemental Declaration recorded October 26, 1998 in Book 1094 at Page 517, Ninth Supplemental Declaration recorded August 17, 1999 in Book 1 145 at Page 680 and Tenth Supplemental Declaration recorded November 19, 1999 in Book 1 161 at Page 293 and Eleventh Supplemental Declaration recorded September 23, 1999 in Book 1 151 at Page 877 and Twelfth Supplemental Declaration recorded December 14, 1999 in Book 1 164 at Page 755 and Thirteenth Supplemental Declaration recorded July 1 7, 2000 in Book 1 197 at Page 740 and Fourteenth Supplemental Declaration recorded May 8, 2003 in Book 1467 at Page 910, and Fifteenth Supplemental Declaration recorded December 2 1 , 2004 in Book 1649 at Page 891. 11. Terms, provisions, obligations, restrictions, easements and rights of way as contained in Declaration of Golf Facilities Development, Construction and Operational Easement recorded April 6, 1995 in Book 936 at Page 314. 3 111E1111111 708772 10/12/2006 01:54P B1852 P38 M RLSDORF 4 of 4 R 21.00 D 8.75 GARFIELD COUNTY CO C1).1.;511,1ZZ 12. .Right of proprietor of a vein or lode to extract and remove his ore therefrom should the same be found to penetrate or intersect the premises as reserved in United States Patent Recorded April 10, 1892 in Book 12 at Page 133. 13, An undivided one-fourth interest in and to all oil, gas, hydrocarbons and minerals of every kind and nature as reserved by Leonis P. Chu in warranty deed recorded December 26, 1958 in Book 314 at Page 160, any and all assignments thereof or interests therein. 14 Terms, Conditions, Provisions And Restrictions as contained in easements recorded February 10, 1995 in Book 931 at Page 354, in Book 931 at Page 374, in Book 931 at Page 393, in Book 931 at Page 412 and in Book 931 at Page 432. 15. Easements, Conditions, Covenants, Restrictions, Reservations, and notes on the plat of Aspen Glen Filing No. 1 recorded April 6, 1995 under Reception No. 476330. 16. Distribution utility easements. 17. Those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge and which were accepted by Buyer in accordance with Section 813 (Matters not shown by the Public Records) and. Section 8C (Survey Review) of the Contract to Buy and Sell Real Estate (Vacant Land -Farm-Ranch) between Dennis P. Murphy, Buyer, and The Estate of 13. Kenin Hart and Mark Freeman, Seller, dated August 16, 2006. 18. Inclusion of the Property within any special taxing district. 19. The benefits and burdens of any declaration and party wall agreements, if any. 3606458_2.00C 4 854462 10/0712014 02:14:43 PM Page 1 of 3 Jean Alberico, Garfield County, Colorado Rec Fee: $21.00 Doc Fee: $73.00 eRecorded III 1 1111 11111111111111111111N 1111111 111 Warranty Deed (Pursuant to 284O411.3 C.RS.) State Documentary Fee Date: September 19, 2014 $ 73.00 THIS DEED, made on September 19, 2014 by DANIEL P. DIXON Grantor(s), of the County of GARFIELD and State of COLORADO for the consideration of ($730,000.00) *** Seven Hundred Thirty Thousand and 001100 *** dollars in hand paid, hereby sells and conveys to NORRIS D. EWALT TRUST AND SUSAN M. EWALT TRUST Grantee(s), as Joint Tenants whose street address is 12 SEEBURG CIRCLE CARBONDALE, CO 81.623, County of GARFIELD, and State of COLORADO, the following real property in the County of Garfield, and State of Colorado, to wit LOT D -37A ASPEN GLEN FILING NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 6, 1995 AT RECEPTION NO. 476330, AND THE AMENDED FINAL PLAT OF LOT D-37, ASPEN GLEN FILING NO. 1 RECORDED AUGUST 19, 2000 AT RECEPTION NO. 754327. COUNTY OF GARFIELD STATE OF COLORADO also lmown by street and number as: 1.2 SEEBURG CIRCLE CARBONDALE CO 81623 with all its ap ces and warrants the tide to the same, subject to GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 2014 s y YEARS . ' SUBJECT TO THOSE ITEMS AS SET FORTH ON EXHIBIT "A" ATTACHED REIN. None #i State of COLORADO ) ss. County of EAGLE The foregoing 'instrument was acknowledged before me on this day of September 19, 2014 by DANIEL P. DIXON Notary Pub My commission expires JENNIFER STEPISNIK NOTARY PUBLIC STAB 10 COLORADO My Commission Expires October 21, 2015 When Recorded Return to: NORRIS D. EWALT AND SUSAN M. EWALT 12 SEEBURG CIRCLE CARBONDALE, CO 81623 Porro 13082 0912008 wd.open.odt Warranty Deed Open (Joint Tenant) BAR64000213 {20033448} bb44b2 1 Ulu f/ZU14 U2:14:45 MVI rage L of 5 Jean Alberico, Garfield County, Colorado Rec Fee: $21.00 Doc Fee: $73.00 eRecorded EXHIBIT. PmpertyAddress: 12 SEEBURG CIRCLE CARBONDALE CO 81623 TERMS AND CONDITIONS OF RESOLUTIONS BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, CONCERNING THE ASPEN GLEN PLANNED UNIT DEVELOPMENT AND OTHER MATTERS, AS SET FORTH AS FOLLOWS: A. RESOLUTION NO. 92-055 RECORDED JUNE 29, 1992 IN BOOK 835 AT PAGE 305 AND AMENDED IN RESOLUTION NO. 97-38 RECORDED APRIL 16,19971$ BOOK 1015 AT PAGE 617. B. RESOLUTION NO. 93-121 RECORDED DECEMI3ER28,1993 IN BOOK 887 AT PAGE 824. C. RESOLUTION NO. 94-008 RECORDED FEBRUARY 2,1994 IN BOOK 891 AT PAGE 620. D. RESOLUTION NO. 94-089 RECORDED AUGUST 9, 1994 IN BOOK 911 AT PAGE 791. E. RESOLUTION NO. 94-139 RECORDED DECEMBER 13,1994 IN BOOK 925 AT PAGE 345. F. RESOLUTION NO. 95-004 RECORDED JANUARY 17,1995 IN BOOK 929 AT PAGE 64. G. RESOLUTION NO. 96-06 RECORDED FEBRUARY 9,1996 IN BOOK 966 AT PAGE 682. H. RESOLUTION NO. 96-07 RECORDED FEBRUARY 9,1996 IN BOOK 966 AT PAGE 686. L RESOLUTION NO. 96-26 RECORDED MAY 9, 1996 IN BOOK 977 AT PAGE 399. L RESOLUTION 98-88 RECORDED OCTOBER 13,1998 IN BOOK 1092 AT PAGE 757. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORT PPIiCABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTIOCTIdN 1.9 PERMITTED BY APPLICABLE LAW, AS CONTAINED IN MASTER DECLARATION OF CO ,,• CONDITIONS AND RESTRICTIONS FOR ASPEN GLEN RECORDED APRIL 06,1995, IN BOOK 936 AT PAGE 350, FIRST SUPPLEMENTAL DECLARATION RECORDED JULY 15, 1997 IN BOOK 1026 AT PAGE 161, SECOND SUPPLEMENTAL DECLARATION RECORDED NOVEMBER 26,1997 IN BOOK 1043 AT PAGE 850, THIRD SUPPLEMENTAL DECLARATION RECORDED FEBRUARY 10, 1998 IN BOOK 1053 AT PAGE 8, FOURTH SUPPLEMENTAL DECLARATION RECORDED FEBRUARY 10,1998 IN BOOK 1053 AT PAGE 30, MTH SUPPLEMENTAL DECLARATION RECORDED MAY 1, 1998 IN BOOK 1065 AT PAGE 800, SIXTH SUPPLEMENTAL DECLARATION RECORDED MAY 22, 1998 IN BOOK 1069 AT PAGE 58, SEVENTH SUPPLEMENTAL DECLARATION RECORDED AUGUST 24,1998 IN BOOK 1084 AT PAGE 943, EIGHTH SUPPLEMENTAL DECLARATION RECORDED OCTOBER 26,1998 IN BOOK 1094 AT PAGE 517, NINTH SUPPLEMENTAL DECLARATION RECORDED AUGUST 17,1999 IN BOOK 1145 AT PAGE 680 AND TENTH SUPPLEMENTAL DECLARATION RECORDED NOVEMBER 19,1999 IN BOOK 1161 AT PAGE 293 AND ELEVENTH SUPPLEMENTAL DECLARATION RECORDED SEPTEMBER 23,1999 IN BOOK 1151 AT PAGE 877 AND TWELFTH SUPPLEMENTAL DECLARATION RECORDED DECEMBER 14,1999 IN BOOK 1184 AT PAGE 755 AND THIRTEENTH SUPPLEMENTAL DECLARATION RECORDED JULY 17, 2000 IN BOOK 1197 AT PAGE 740 AND FOURTEENTH SUPPLEMENTAL DECLARATION RECORDED MAY 8, 2003 IN BOOK 1487 AT PAGE 910, AND FIFTEENTH SUPPLEMENTAL DECLARATION RECORDED DECEMBER 21, 2004 IN BOOK 1649 AT PAGE 891. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, RESTRICTIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN IN DECLARATION OF GOLF FACILITIES DEVELOPMENT, CONSTRUCTION AND OPERATIONAL EASEMENT RECORDED APRIL 6,1995 IN BOOK 936 AT PAGE 314. B kYE0 02 (200334471 Form 13100 0812008 b2exhibit.esmow odt t3b4462 1U/0J/2014 02:14:4:3 l'M Nage :3 of Jean Alberico, Garfield County, Colorado Ree Fee: $21.00 Doc Fee: $73.00 eRecorded RIGHT OF PROPRIETOR OFAVEIN OR LODE' ,04 z AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTL CT TM PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 10,1892, IN BOOK 12 AT PAGE 133. AN UNDIVIDED ONE-FOURTH INTEREST IN AND TO ALL OIL, GAS, HYDROCARBONS AND MINERALS OF EVERY KIND AND NATURE AS RESERVED BY LEONIS P. CHUC IN WARRANTY DEED RECORDED DECEMBER 26,1958 IN BOOK 314 AT PAGE 160,ANY AND ALLASSIGNMENTS THEREOF OR INTERESTS THEREIN. TERMS, CONDITIONS, PROVISIONS AND RESTRICTIONS AS CONTAINED IN EASEMENTS RECORDED FEBRUARY 10, 1995 IN BOOK 931 AT PAGE 354, IN BOOK 931 AT PAGE 374, IN BOOK 931 AT PAGE 393, IN BOOK 931 AT PAGE 412 AND IN BOOK 931 AT PAGE 432. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF ASPEN GLEN FILING NO. 1 RECORDED APRIL 6,1995, UNDER RECEPTION NO. 476330. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF AMENDED FINAL PLAT OF LOT D-37, ASPEN GLEN FILING NO. 1 RECORDED AUGUST 19, 2008 UNDER RECEPTION NO. 754327. TERMS, CONDITIONS AND PROVISIONS OF PARTY WALL AGREEMENT AND SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LOT D-37 RECORDED AUGUST 19, 2008 AT RECEPTION NO. 754328. Form 13100 08/2008 b2exhibit.escrow.odt 17::Rst nil' BAR64000213 (200334471 863905 06/11/2015 12:01:00 PM Page 1 of 3 Jean Alberico, Garfield County, Colorado Rec Fee: $21.00 Doc Fee: $77.90 eRecorded 111 11111111 1111111111111111111111111111111 Warranty Deed (Pursuant to 38-30-113 C.R.S.) State Documentary Fee Date: June 01, 2015 $ 77.90 THIS DEED, made on June 01, 2015 by DENNIS MURPHY Grantor(s), of the County of GARFIELD and State of COLORADO for the consideration of ($779,000.00) *** Seven Hundred Seventy Nine Thousand and 00/100 *** dollars in hand paid, hereby sells and conveys to DOUGLAS R. POLSON AND CHERYL J. POLSON Grantee(s), as Joint Tenants whose street address is 5501 OAKVIEW STREET SHAWNEE, KS 66216, County of JOHNSON, and State of KANSAS, the following real property in the County of Garfield, and State of Colorado, to wit: LOT D-378 ASPEN GLEN, FILING NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 6 1995 AS RECEPTION NO. 476330 AND THE AMENDED FINAL PLAT RECORDED AUGUST IS, 2008 AS RECEPTION NO. 754327. COUNTY OF GARFIELD STATE OF COLORADO also known by street and number as: 210 E DIAMOND A RANCH ROAD CARBONDALE CO 81623 with all its appurtenances and warrants the title to the same, subject to GENERAL TAXES AND ASSESSMENTS FOR THE YEAR 2015 AND SUBSEQUENT YEARS AND SUBJECT TO THOSE ITEMS AS SET FORTH ON EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN. Nene 7.2 DENNIS MURPHY State of COLORADO County of EAGLE ) ss. The foregoing instrument was acknowledged before me on this day of June 01, 2015 by DENNIS MURPHY Notary Pubi My commission expires STEPS IK NOTARY in 2O03403137E) My Commission Expires October 21. 2015 When Recorded Return to: DOUGLAS R. POLSON AND CHERYL .1. POLSON 5501 OAKVIEW STREET SHAWNEE, IGS 66216 Folin 13082 09/2008 wd.open.odt Warranty Deed Open (Joint Tenant) BAR64000408 (22026158) 863905 06/11/2015 12:01:00 PM Page 2 of 3 Jean Alberico, Garfield County, Colorado Rec Fee: $21.00 Doc Fee: $77.90 eRecorded EXHIBIT A Property Address: 210 E DIAMOND A RANCH ROAD CARBONDALE CO 81623 RICHT OF PROPRIETOR OFA VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 10, 1892, IN BOOK 12 AT PAGE 133. AN UNDIVIDED ONE-FOURTH INTEREST 1N AND TO ALL OIL, GAS, HYDROCARBONS AND MINERALS OF EVERY KIND AND NATURE AS RESERVED BY LEON'S P. CHUC IN WARRANTY DEED RECORDED DECEMBER 26,1958 IN BOOK 314 AT PAGE 160, ANY AND ALL ASSIGNMENTS THEREOF OR INTERESTS THEREIN TERMS AND CONDITIONS OF RESOLUTIONS BY THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO, CONCERNING THE ASPEN GLEN PLANNED UNIT DEVELOPMENT AND OTHER MATTERS, AS SET FORTH AS FOLLOWS: A. RESOLUTION NO. 92-056 RECORDED JUNE 29, 1992 IN BOOK 835 AT PAGE 305 AND AMENDED IN RESOLUTION NO. 97-38 RECORDED APRIL 16,1997 IN BOOK 1015 AT PAGE 617. IL RESOLUTION NO. 93-121 RECORDED DECEMBER 28,1993 IN BOOK 887 AT PAGE 824. C. RESOLUTION NO. 94-008 RECORDED FEBRUARY 2,1994 IN BOOK 891 AT PAGE 620. D. RESOLUTION NO. 94-089 RECORDED AUGUST 9, 1994 IN BOOK 911 AT PAGE 79L E. RESOLUTION NO. 94-139 RECORDED DECEMBER 13,1994 IN BOOK 925 AT PAGE 345. F. RESOLUTION NO. 95-004 RECORDED JANUARY 17, 1995 IN BOOK 929 AT PAGE 64. G. RESOLUTION NO. 96-06 RECORDED FEBRUARY 9,1996 IN BOOK 966 AT PAGE 682. H. RESOLUTION NO. 96-07 RECORDED FEBRUARY 9,1996 IN BOOK 966 AT PAGE 68& I. RESOLUTION NO. 96-26 RECORDED MAY 9, 1996 IN BOOK 977 AT PAGE 399. J. RESOLUTION 98-88 RECORDED OCTOBER 13,1998 IN BOOK 1092 M' PAGE 757. TERMS, CONDITIONS, PROVISIONS AND RESTRICTIONS AS CONTAINED IN EASEMENTS RECORDED FEBRUARY 10, 1995 IN BOOK 931 AT PAGE 354 AND RECORDED FEBRUARY 10, 1995 IN BOOK 931 AT PAGE 374 AND RECORDED FEBRUARY 10, 1995 IN BOOK 931 AT PAGE 393 AND RECORDED FEBRUARY 10,1995 IN BOOK 931 AT PAGE 412 AND RECORDED FEBRUARY 10, 1995 IN BOOK 931 AT PAGE 432. TERMS, CONDITIONS, PROVISIONS, OBLIGATIONS, RESTRICTIONS, EASEMENTS AND RIGHTS OF WAY AS CONTAINED IN IN DECLARATION OF GOLF FACILITIES DEVELOPMENT, CONSTRUCTION AND OPERATIONAL EASEMENT RECORDED APRIL 6,1995 IN BOOK 936 AT PAGE 314. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAINA FORFEITURE OR REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR ASPEN GLEN RECORDED APRIL 06, 1995, IN BOOK 936 AT PAGE 350, FIRST SUPPLEMENTAL DECLARATION RECORDED JULY 15, 1997 IN BOOK 1026 AT PAGE 161, SECOND SUPPLEMENTAL DECLARATION RECORDED NOVEMBER 26, 1997 IN BOOK 1043 AT PAGE 850, THIRD SUPPLEMENTAL DECLARATION RECORDED Form 13100 08!2008 b2exhibit.escrow.odt BAR64000408 (22026159) 863905 06/11/2015 12:01:00 PM Page 3 of 3 Jean Alberico, Garfield County, Colorado Rec Fee: $21.00 Doc Fee: $77.90 eRecorded FEBRUARY 10, 1998 IN BOOK 1053 AT PAGE 8, FOURTH SUPPLEMENTAL DECLARATION RECORDED FEBRUARY 10,1998 IN BOOK 1053 AT PAGE 30, FIFTH SUPPLEMENTAL DECLARATION RECORDED MAY 1, 1998 IN BOOK 1065 AT PAGE 800, SIXTH SUPPLEMENTAL DECLARATION RECORDED MAY 22, 1998 IN BOOK 1069 AT PAGE 58, SEVENTH SUPPLEMENTAL DECLARATION RECORDED AUGUST 24, 1998 IN BOOK 1084 AT PAGE 943, EIGHTH SUPPLEMENTAL DECLARATION RECORDED OCTOBER 26, 1998 IN BOOK 1094 AT PAGE 517, NINTH SUPPLEMENTAL DECLARATION RECORDED AUGUST 17, 1999 IN BOOK 1145 AT PAGE 680 AND TENTH SUPPLEMENTAL DECLARATION RECORDED NOVEMBER 19,1999 IN BOOK 1161 AT PAGE 293 AND ELEVENTH SUPPLEMENTAL DECLARATION RECORDED SEPTEMBER 23,1999 IN BOOK 1151 AT PAGE 877 AND TWELFTH SUPPLEMENTAL DECLARATION RECORDED DECEMBER 14,1999 IN BOOK 1164 AT PAGE 755 AND THIRTEENTH SUPPLEMENTAL DECLARATION RECORDED JULY 17, 2000 IN BOOK 1197 AT PAGE 740 AND FOURTEENTH SUPPLEMENTAL DECLARATION RECORDED MAY 8, 2003 IN BOOK 1467 AT PAGE 910, AND Fir u .ENTH SUPPLEMENTAL DECLARATION RECORDED DECEMBER 21, 2004 IN BOOK 1649 AT PAGE 891. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON THE PLAT OF ASPEN GLEN FILING NO. 1 RECORDED APRIL 6,1995, UNDER RECEPTION NO. 476330 AND AMENDED FINAL PLAT RECORDED AUGUST 19, 2008 AS RECEPTION NO. 754327. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS OF PARTY WALL AGREEMENT AND SUPPLEMENTAL DECLARATION RECORDED AUGUST 19, 2006 AS RECEPTION NO. 754328. (ITEM INTENTIONALLY DELETED) Form 13100 08/2008 b2exbibit_escrow odt BAR84000408 (22026159} 755765 09/16/2005 02:39:12 PM Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $6.00 Doc Fee: $0.00 eRecorded QUITCLAIM DEED - CORRECTION DEED THIS DEED, made this /2 day of S€P—f" , d-°°(a'between 0210 E. Diamond A Ranch Partnership, LLP of the said County of .q IC. and State of Colorado, Grantor, and Dennis Murphy whose legal address is: P.O. Box 2911, Basalt, CO 81621 of the said County of &--41,91 C. and State of Colorado, grantee: WITNESS, that the grantor, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed, and QUIT CLAIMED, and by these presents do remise, release, sell, convey and Quit Claim, unto the grantee, his heirs, successors and assigns, forever, all the right title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any, situate, lying and being in the said County of Garfield and State of Colorado described as follows: Lot D -37B, Aspen Glen Subdivision, Garfield County, Colorado also known by street and number as: 0210 Diamond A Ranch Road E, Aspen Glen, Garfield, County, Colorado TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereuto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee, his heirs and assigns forever. The singular number shall include the piural, the plural and the singular, and the use of any gender shall be applicable to all genders. IN WITNESS •x F, the grantor has executed this deed on the date set forth above, 021 E aniel P. Dixon, Partner STATE OF cal ()r h COUNTY OF GO ( r 14 ) )ss. The foregoing instrument was acknowledged before me this 12 By. Dennis Murphy, Px4r day of p rn d lb�y Daniel P. Dixon, Fanofner and Dennis Murphy, Partner. 011 £. t�`�).. i w .. i •gy�p. My commission exp C)) - 2 2 -.2()12. My Commission Expires 0112212312 Quitclaim Deed 863906 06/11/2015 12:01:00 PM Page 1 of 17 Jean Alberico, Garfield County, Colorado Rec Fee: $91.00 Doc Fee: $0.00 eRecorded After Recording Return To: EMC HOLDINGS LLC 8400 EAST CRESCENT PARKWAY STE 350 GREENWOOD VILLAGE, CO 80111 ATIN:EMC HOLDINGS LLC Prepared By: LAURA 0' BRYAN EMC HOLDINGS LLC 8400 EAST CRESCENT PARKWAY STE 350 GREENWOOD VILLAGE, CO 80111 (800) 771-5534 (Spore Above This Line For Recording Data' DEED OF TRUST POLSON Loan d: 68505913 45 MIN: 10035591503160001G MERS Phone: 1-888-679-6377 PIN: 2393-203-04-115 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated JUNE 1 , 2015, together with all Riders to this document. (B) "Borrower" is DOUGLAS R. POLSON AND CHERYL J. POLSON. Borrower is the trustor under this Security Instrument. (C) "Lender" is SMC HOLDINGS LLC. Lender is a LIMITED LIABILITY COMPANY organized and existing under the laws of coLORADO. Lender's address is 8400 EAST CRESCENT PARKWAY STE 350, GREENWOOD VILLAGE, CO 80111. (D) "Trustee" is the Public Trustee of GARFIELD County, Colorado. (E) "MFRS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is .acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (F) "Note" means the promissory note signed by Borrower and dated JUNE 1, 2015. The Note states that Borrower owes Lender WIVE HUNDRED FIFTY—TWO THOUSAND SIX HUNDRED AND 00/100 Dollars (U.S. $552 , 600 00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not Tater than JULY 1, 2045. (G) "Property" means the property that is described below under the heading "Transfer of Rights in the COLORADO -Single Family -Fannie Mae/Freddie Mae UNIFORM INSTRUMENT 4m. 313.25 Page 1 of 15 Form 3004 1/01 Pig ct t Lndw mr� �.nvw 863906 06/11/2015 12:01:00 PM Page 2 of 17 Jean Alberico, Garfield County, Colorado Rec Fee: $91.00 Doc Fee: $0.00 eRecorded 6850591345 Property." (H) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (1) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: C Adjustable Rate Rider 0 Balloon Rider 01-4 Family Rider 0 Condominium Rider 0 Planned Unit Development Rider 0 Other(s) [specify] IX Second Home Rider C Biweekly Payment Rider (J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non -appealable judicial opinions. (K) "Community Association Dues, Fees, and Assessments" means alt dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (M) "Escrow Items" means those items that are described in Section 3. (N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (12 G.F.R. Part 1024), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage toan" under RESPA. COLORADO -Single Family-Faniie MaefFreddle Mae UNIFORM INSTRUMENT 313.25 Page 2 of 15 Fort 3086 1/01 863906 06/11/2015 12:01:00 PM Page 3 of 17 Jean Alberico, Garfield County, Colorado Rec Fee: $91.00 Doc Fee: $0.00 eRecorded 6850591345 (R) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns of MFRS. This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the COUNTY of GARrI ELD: LOT D -37B ASPEN GLEN, FILING NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 6, 1995 AS RECEPTION NO. 476330 AND THE .AMENDED FINAL PLAT RECORDED AUGUST 19, 2008 AS RECEPTION No, 754327. COUNTY OF GARFIELD STATE OF COLORADO which currently has the address of 210 E. DIAMOND A RANCH ROAD, CARBONDALE, Colorado 81623 ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred/ to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record and liens for taxes for the current year not yet due and payable. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. COLORADO -Single Family -Fannie Mac/Freddie Mac UNIFORM INSTRUMENT 313.25 Page 3 of 15 Form 3006 1/01 863906 06/11/2015 12:01:00 PM Page 4 of 17 Jean Alberico, Garfield County, Colorado Rec Fee: $91.00 Doc Fee: $0.00 eRecorded 6050591345 currency. However, if any check or other instrument received by ].ender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following; forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such cheek is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, al] payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. Elmore than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items.° At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender 1Funds for any or all COLORADO -Single Family -Fannie Mat/Freddie Mae UNIFORM INSTRUMENT 313.25 Page 4 of 15 Form 3006 1/01 863906 06/11/2015 12:01:00 PM Page 5 of 17 Jean Alberico, Garfield County, Colorado Rec Fee: $91.00 Doc Fee: $0.00 eRecorded 6850591345 Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount clue for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lcndcr is an institution whose deposits are so insured) or in any Federal Home Loan Bank_ Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA_ Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, hut in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 313.25 Page 5 of 15 Form 3006 1161 863906 06/11/2015 12:01:00 PM Page 6 of 17 Jean Alberico, Garfield County, Colorado Rec Fee: $91.00 Doc Fee: $0.00 eRecorded 6850591315 can attain priority over this Security Instrument, Lender may give Borrower a notice idlentifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against Toss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower, If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under tlhis Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undlertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. lithe restoration or repair is COLORADO -Single Family -Fannie Mae/Freddir Mat UNIFORM INSTRUMENT 313.25 Page 6 of 15 Form 3006 1/01 863906 06/11/2015 12:01:00 PM Page 7 of 17 Jean Alberico, Garfield County, Colorado Rec Fee: $91.00 Doc Fee: $0.00 eRecorded 6850591345 not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property, Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is COLORADO -Single Family -Fmk Mae/Freddie Mae UNIFORM INSTRUMENT E) 313.25 Page 7 of 15 Form 30041/01 863906 06/11/2015 12:01:00 PM Page 8 of 17 Jean Alberico, Garfield County, Colorado Rec Fee: $91.00 Doc Fee: $0.00 eRecorded 6850591345 reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding_ Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water frorn pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall not, without the express written consent of Lender, alter or amend the ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of lslortgage Insurance. Such Toss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not Ibe required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance: as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable Toss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to COLORADO -Single Family-Faoaie Mae/Freddie Mac UNIFORM INSTRUMENT !3+ 315.15 Page 8 of 15 Form 3096 1/111 863906 06/11/2015 12:01:00 PM Page 9 of 17 Jean Alberico, Garfield County, Colorado Rec Fee: $91.00 Doc Fee: $0.00 eRecorded 6850591345 these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. if such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is cornpleted. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums COLORADO -Single Family-Fanaie Mae/Freddie Mac UNIFORM INSTRUMENT 313.25 Page 9 of 15 Form 34106 1/91 863906 06/11/2015 12:01:00 PM Page 10 of 17 Jean Alberico, Garfield .County, Colorado Rec Fee: $91.00 Doc Fee: $0.00 eRecorded 6850591345 secured by this Security Instrument whether or riot the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. Al] Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liabillity of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortisation of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts Tess than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound, Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is eo-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property andl rights under this COLORADO -Single Family-Faanie Mae/Freddie Mac UNIFORM INSTRUMENT ' 313.25 Page 10 of 15 Form 3006 1/01 863906 06/11/2015 12:01:00 PM Page 11 of 17 Jean Alberico, Garfield County, Colorado Rec Fee: $91.00 Doc Fee: $0.00 eRecorded 6850591345 Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower_ Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of -address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law_ Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, COLORADO -Single Family -Fannie Mme/Freddie MIK UNIFORM INSTRUMENT 313.25 Page 11 of 1 Form 3006 1/01 863906 06/11/2015 12:01:00 PM Page 12 of 17 Jean Alberico, Garfield County, Colorado Rec Fee: $91.00 Doc Fee: $0.00 eRecorded 6850591345 those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall riot be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not Tess than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security instrument. Those conditions are that Borrower_ (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest m the Property and rights under this Security instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. 'The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RFSPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage logon servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given COLORADO -Single Family -Fannie Mae/Freddie Mae UNIFORM INSTRUMENT 313.25 Page 12 of 15 Form 3006 1141 863906 06/11/2015 12:01:00 PM Page 13 of 17 Jean Alberico, Garfield County, Colorado Rec Fee: $91.00 Doc Fee: $0.00 eRecorded 6850591345 in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 2L Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property_ Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of(a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Env ironmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 1S unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further informs Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non- existence of a default or any other defense of Borrower to acceleration and sale. If the default Is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 313.25 Page 13 of 15 Form 3006 1/01 863906 06/11/2015 12:01:00 PM Page 14 of 17 Jean Alberico, Garfield County, Colorado Rec Fee: $91.00 Doc Fee: $0.00 eRecorded 6950591345 to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, hut not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give written ■once: to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Lender shall mail a copy of the notice to Borrower as provided in Section 15. Trustee shall (record a copy of the notice in the county in which the Property is located. Trustee shall publish a notice of sale for the time and in the manner provided by Applicable Law and shall mail copies of the notice of sale in the manner prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or Its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time the purchaser will be entitled to Trustee's deed. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall request that Trustee release this Security Instrument and shall produce for Trustee, duly +cancelled, all notes evidencing debts secured by this Security Instrument. Trustee shall release this Security Instrument without further inquiry or liability. Borrower shall pay any recordation costs and the statutory Trustee's fees. 24. Waiver of Homestead. Borrower waives all right of homestead exemption in the Property_ BY SIGN G BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instr and in any Rider executed by Borrower and recorded with it. "71-- - BO ?h - — C R `' POLSON, BY DOUGLAS R POLSON AS ET ATTORNEY IN FACT — DATE — COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSiRUJMENT 313.25 Page 14 of 15 Form 3006 1/11 863906 06/11/2015 12:01:00 PM Page 15 of 17 Jean Alberico, Garfield County, Colorado Rec Fee: $91.00 Doc Fee: $0.00 eRecorded 'Space Below This Line For Acknowledgment] State of C,.C))02-4-430 ) County of LC.io . ) The foregoing instrument was acknowledged before me this JUNE 1, 2015 by kcs l L-4.1 u , k u 6850591395 Witness my hand and official seal. NOTARY 115 20034►034 i My Commission Exp;res Octvoer 21, 2015 IC (Title or Rank) ULA 3cj () 3-7 C (Serir Number, if any) Commission Expires: /c")/ MORTGAGE LOAN ORIGINATOR ALAN GEORGE SCHRUM NATIONWIDE MORTGAGE LICENSING SYSTEM AND REGISTRY IDENTIFICATIION NUMBER 376960 MORTGAGE LOAN ORIGINATION COMPANY EMC HOLDINGS LLC NATIONWIDE MORTGAGE LICENSING SYSTEM AN!) REGISTRY IDENTIFICATION NUMBER 151994 COLORADO -Single Family -Fantle Mae/Freddie Mac UNIFORM INSTRUMENT gEt9+ 313.25 Page 15 of 15 Form 3006 1/01 863906 06/11/2015 12:01:00 PM Page 16 of 17 Jean Alberico, Garfield County, Colorado Rec Fee: $91.00 Doc Fee: $0.00 eRecorded SECOND HOME RIDER POLSON Loan #: 6850591345 MIN: 100355915031600016 THIS SECOND HOME RIDER is made this 1ST day of JUNE, 2015, and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower," whether there are one or more persons undersigned) to secure Borrower's Note to EMC HOLDINGS LLC (the "Lender") of the same date and covering the Property described in the Security Instrument (the "Property"), which is located at: 210 E . DIAMOND A RANCH ROAD, CARBONDALE, CO 81623 [Property Address]. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree that Sections 6 and 8 of the Security Instrument are deleted and are replaced by the following: 6. Occupancy. Borrower shall occupy, and shall only use, the Property as Borrower's second home. Borrower shall keep the Property available for Borrower's exclusive use and enjoyment at all times, and shall not subject the Property to any timesharing or other shared ownership arrangement or to any rental pool or agreement that requires Borrower either to rent the Property or give a management firm or any other person any control over the occupancy or use of the Property. 8. Borrowers Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material MULTISTATE SECOND HOME RIDER- Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT fto 35.17 Form 3890 1/01 (page 1 of 2 pages) 863906 06/11/2015 12:01:00 PM Page 17 of 17 Jean Alberico, Garfield County, Colorado Rec Fee: $91.00 Doc Fee: $0.00 eRecorded 6850591395 information) in connection with the Loan, Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's second home_ BY SIG BELOW, Borrower accepts and agrees to the terms and covenants contained in this Se Rider. Amp.- de" el#11°P-A„, - BO 17FER - C : E - J POLSON , BY DOUGLAS R POLSON AS MY ATTORNEY IN FACT - DATE - MULTISTATE SF,CONI) HOME RIDER- Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT +el' 35.17 Form 3890 1/+01 (page 2 of 2 pages) 5501 Oakview St Shawnee, KS 66216 Phone: 913-962-6192 E -Mail: d4042@sbcglobal.net August 26, 2015 Kathy Eastley, AICP Senior Planner Garfield County Community Development 108 8th Street, #401 Glenwood Springs, CO 81601 Dear Kathy: !'N Please find attached, the "Notification of Assignment, Sale, or Transfer of Ownership of Your Mortgage" relating to our property at 210 E Diamond A Ranch Road, Carbondale, CO 81623. I sincerely hope that this is the document that will help Norris Ewalt move forward with the Amended Property line issue. Sincerely, • ouglas R Polson 04/17/2013 04:48 239-793-1109 PAKMAIL PAGE 02/02 • 4841Frede1ca5imei [Mershone,nr423O1 Douglas R Poison Cheryl IT Poison 5501 Oakview St Shawnee RS 66216 Mortgage Loan Number: Ammo RE4, Partial Release Request Dear Mortgagor (s) U. S Bank Home Mortsage Portion of the security loan was originated, U.S. Bank Home.Mortgage. is thP Servicer pf yonr Mortgage. The Investor, who is the Present -tiwner.of youi104n, bas set forth„ Guidelines that mUSt be followed so 5 Brk can,act -an the rnvestors behalf. Ve are required to abral p -Snfooltion from you j..a order to make a. decision as to whether your 'request can be granted or -denied_ . ,.... -"10.11111111111141111141W ,• ':. ,.. •• . '- ---.'. ' •• •, • - . October 07, 2015 has received your request to release a certain fht was used as collateral at the time your Certair circumstances May re• U. _ Bank Home MOrtg4ge. -17 liast (:)31.tact :taw • Banic Home -Mortgage will. re below: Process 'youc Partial - documentation of roval of the Investor tii rot • -001L7tgage Insurance, 10"00POIst .(3.-ao,..p re the following docume.ntation listed lease Win not begin until the roper ki-%71.5p. pay 30 :to £0d.1,0 er .111is. Ulte is '4‘007-RBFOVIORT, whether the re ease .,%:.- •, - ••• •'- .-- /t Complete an. • ip4n..th ..'zenClosed ..applicatioi,i, * state the.crfAtipep4evtiOn't :.pott--3133. 2/;.redei.3re., ,p0t4;or all of this t "Ma 'be:re -t...a.. . : the "taveStor .ap •a )r,1-1:).P4,1D!Al Curtailment ( .4....i.a. 1 lance-' • Our,:.. oan)., -... , • - • *..iv a...6 -141VIImm'-44-a.43. As14.4 as --t-Ta: apPriDate . . * A. 1e 1 .descr?.pt on,vf,.. o d and remaining 44-11.1w-144rta"..t-P'9.bit-M... Ta9e4Ert...y.:line:fp:..the a 'Ica. alory„-. Secur ,- 'TheSe'dePer--3,,p0.04s :must be -.Clearlylegible-. .3:,,c1 be prepared by a lified aPrifeyOr or retable Title •Cfmpany, • * .l copy,t a .ctirrent's4.10S Co•0,.t.- -. • . -...•••:•:-- -•• -, ••, • -. 'TheThleveetor' on -Toqr :Mortgage ' - ire s a- .-- v. -.. • • •-•,. _ This appraisal .•A pAnc:•i-MUSt Only be ordered 11 ,by .--s.: • 4.- - -or' • - g- $ery .0.,ng- Center. ,0,q14,x.A.J.a-.arate 600;00.4u. ai.sa fee...is. e. r-i.:-The--fee-set is-haned on iM1" an te.i.g, ryIs. ,..E • • a 2 - - ip pra4sa ..i -10Ss.thad_th required :11:4 amount1 will -12e Xefiluded. ..e.d,lffere.tice,after-the appraisal -fee paid.. If the.: . raisal fee is greater f3/4-In$600 00* -von w ill be 55c>;ft required to pay -t1 aifference above th4 ig0.0_00: * Upon receipt ot your .Part'fal Release, it ' 'your • respoasibilityro baye it recorded Immediately 1a yaar Connty'Recoraers office.,•b orinal recordeddoonmnts must be returned to your Partial Release Specialist_ ..... If you have any questiomsregardiug the above information, please contact me at 1-U00-365-7778 ext. 6865435 Sincerely IThrith4fO MEG MCMICAN Partial Release.qpecialist Aserumptn io/Payoft Department C�ganK. All of cup serving you Home Mortgage July 20, 2015 8-72658202-0000262-001-02-000-000-000-000 DOUGLAS R POLSON CHERYL J POLSON 5501 OAKVIEW ST SHAWNEE KS 66216-4913 RE: Loan Number: 6850591345 Property Address: 210 E DIAMOND A RANCH RD CARBONDALE CO 81623 Notification of Assignment, Sale, or Transfer of Ownership of Your Mortgage Loan The Helping Families Save Their Homes Act of 2009 which also amended the Truth In Lending Act (TILA), requires that when a mortgage loan secured by the primary home of the Borrower is sold, transferred or assigned, the new owner of the mortgage loan must notify the Borrower in writing of the transfer of ownership. The purpose of this notice inform you that your mortgage loan, referenced above, was sold or transferred to U. S. Bank National Association on 07/17/2015. As the new Creditor and Servicer of your mortgage loan, you may contact us at: U.S. Bank Home Mortgage 4801 Frederica Street P. O. Box 20005 Owensboro, KY 42301 1-800-365-7772 us bankhomemortgage. com The instrument representing the indebtedness of your mortgage loan (Note) is not a recordable document. The Note is in our possession or held on our behalf by our Custodian. The Security instrument (Mortgage or Deed of Trust) that secures the repayment of your Note is recorded in the public land records for: GARFIELD, CO. The transfer of ownership of your mortgage loan does not change the terms or conditions of the Mortgage, Deed of Trust, or Note. No action on your part is required by this notice. U. S. Bank: Home Mortgage is proud to be the Servicer of your mortgage loan. Should a change of servicer occur, you will be notified of the change in writing separately from this notice. It is important that you continue to make your monthly payments to U. S. Bank Home Mortgage as noted on your monthly billing statement. Should you have any questions regarding this notice, please call our Customer Service Center at 1-800-365-7772. Cr Member FDIC LENDER 1. tib44bU 1 U/U //1U14 U2:14:4:i I -'M Nage 1 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $0.00 eRecorded 111 111111111111111111111111111 11111 1111 111 STATEMENT OF AUTHORITY ($38-30-172, C.R.S ) This Statement of Authority relates to an entityl named THE NORRIS D. MALT TRUST 2. The of entity is a: Corporation Nonprofit Corporation Limited Liability Company General Partnership Limited Partnership Registered Limited Liability Partnership Registered Limited Liability Limited Partnership Limited Partnership Association Government or Governmental Subdivision or Agency Trust 3. The entity is formed under the laws of ILLINOIS 4. The mailing address for the entity is 12 SEEBURG CIRCLE, CARBONDALE, CO 81623 5. The X name X position of each person authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity is NORRIS D. EWALT, TRUSTEE 6. The authority of the foregoing person(s) to bind the entity: is2 not limited is limited as follows 7. Other matters concerning the manner in which the entity deals with interests in real property: 8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of §38-30-172, C.RS.3 9. This Statement of Authority amends and supersedes in all respects any and all prior dated Statements of Authority executed on behalf of the entity. Executed this 1 1 day of car LI NORRI D. EWALT, STEE This form should not be used unless the entity is capable of holding title to mal property. 1 The absence of any limitation shall be prime fade evidence that no such limitation exists. 3 The statement of authority must be recorded to obtain the benefits of the statute. Form 13759 0312005 soa.odr BAR64000213 {20057942] pg 1 of 2 land 654460 10/07/2014 02:14:43 1'M Hage 2 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $0.00 eRecorded State of COLORADO County of EAGLE ) The foregoing instrument was acknowledged before me this .177. by NORRIS D. EWALT AS TRUSTEE FOR THE NORRIS D. EWALT TR Witness my hand and official seal- A1) ia r / Jf My commission expires: WHEN RECORDED RETURN TO: NORRIS D. EWALT 12 SEEBURG CIRCLE CARBOPD]ALE, CO 81823 Form 13759 03/2005 soa.odt BAR64000213 4 JENNIFER STEP1SNJK - NO`1APV PUBLIC STATE OF COLORADO NOTARY 020034034379 Ivry tionamission Eames October 21, 2015 (20057942) pg 2 of 2 854461 10/07/2014 02:14:43 PM Page 1 of 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $0.00 eRecorded 111 111111111 IIIIIIIIIIIUIIUI IUII 1111111 STATEMENT OF AUTHORITY ($38-30-172, C.R.S.) 1. This Statement of Authority relates to an entity' named SUSAN M. EWALT TRUST 2. The type of entity is a: Corporation Nonprofit Corporation Limited Liability Company General Partnership Limited Partnership X Registered Limited Liability Partnership Registered Limited Liability Limited Partnership Limited Partnership Association Goverment or Governmental Subdivision or Agency Trust 3. The entity is formed under the laws of ILLINOIS 4. The mailing address for the entity is 12 SEEBURG CIRCLE, CARBONDALE, CO 81623 S. The X name X position of each person authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity is SUSAN M. EWALT, TRUSTEE 6. The authority of the foregoing person(s) to bind the entity: 152 not limited is limited as follows: 7. Other matters concerning the manner in which the entity deals with interests in real property: 8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of §38-30-172, C.RS 3 9. This Statement of Authority amends and supersedes in all respects any and all prior dated Statements of Authority executed on behalf of the entity. Executed this % day of ) °'1 yn . Eauea± SUSAN M. EWALT, TRUSTEE as. 911e • ' This form should not be used unless the entity is capable of holding title to real property. 2 The absence of any limitation shall be prima facie evidence that no such limitation exists. 3 The statement of authority must be recorded to obtain the benefits of the statute. Form 13759 03/2005 soa.odt BAR64000213 120057951} pg 1 of 2 i$b44b1 1 U/Uf/2U14 U2:1 4:4-i F'M Page 1 OT 2 Jean Alberico, Garfield County, Colorado Rec Fee: $16.00 Doc Fee: $0.00 eRecorded State of COLORADO County of EAGLE )ss The foregoing instrument was acknowledged before me this 1 1 day of by SUSAN M. EWALT AS TRUSTEE OF THE SUSAN M. EWALT TRUST Witness my hand and official seal, !/ My commission expires: 14Mat t J a S WHEN RECORDED RETURN TO: SUSAN M. EWALT 12 SBEEURG CIRCLE CARBONDALE, CO $1623 Foran 13759 0312005 soa.odt ip,itk Lg./L.4014i JENNIFER STEPISNIK NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20034034379 My Commission Expires October 21, 2015 i4o; i.Y`0f Tr, bi! BAk64000213 {20057951} pg 2 of 2 November 22, 2014 From: Dennis Murphy To: Norris Ewalt Re: Amend Property Line Norris, You and I have agreed that the property line adjacent to my garage should be adjusted so that your front garden area is part of your lot. From the northeast corner of my garage the new property line will be swung at the curb on Seeburg Circle so that the net revised square footage of my lot and your lot is equal. When we met today, with Sam Phelps of Servco, we asked him to develop the revised survey so that it is in compliance with the requirements of Garfield County. I understand that you will be working on our joint behalf with Kathy Eastley at the Community Development Office to gather, submit and pay for the the actions required by Garfield County to make this property line change effective. This change pertains to Aspen Glen filing 1, lots 37A and 37B to amend the common lot line created by the duplex subdivision of the property. This letter confirms that I authorize you to proceed with this process representing our joint objective. I understand that you will provide periodic updates to me as they occur. Dennis Murphy /, July 3, 2015 From: Doug and Cheryl Polson To: Norris Ewalt Re: Amend Property Line Norris, We have agreed that the property line adjacent to my garage should be adjusted so that your front garden area is part of your lot. From the northeast corner of my garage the new property line will be swung at the curb on Seeburg Circle so that the net revised square footage of my lot and your lot is equal. I understand that you have retained Sam Phelps of Servco, to develop the revised survey so that it is in compliance with the requirements of Garfield County. I understand that you will be working on our joint behalf with Kathy Eastley at the Community Development Office to gather, submit and pay for the the actions required by Garfield County to make this property line change effective. This change pertains to Aspen Glen filing 1, lots 37A and 37B to amend the common lot line created by the duplex subdivision of the property. This letter confirms that I authorize you to proceed with this process representing our joint objective. I understand that you will provide periodic updates to me as they occur. Doug d Cheryl Polson Karp_Neu_HaATTonionw November 19, 2014 Norris and Susan Ewalt 12 Seeburg Circle Carbondale, CO 81623 Sent via e-mail to: norrisewalt®gmail.com ewaltsusan@u,gmail.com Re: Engagement Agreement Dear Norris and Susan: Sander N. Karp* James S. Neu Karl J. Hanlon Michael J. Sawyer James F. Fosnaught Jeffrey J. Conklin Matthew L. Trinidad Patrick L. Barker Of Counsel Richard 1. Zuber** Anna S. Itenberg Greg S. Russi Hollie L. Wieland 201 14th Street, Suite 200 P. O. Drawer 2030 Glenwood Springs, CO 81602 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 www.motmtainlawfirm.com * Fellow attire College ofL:boeand Employment Lawyers Fellow of the American Academy of Matrenronial Lawyers Thank you for expressing an interest in retaining our firm as your attorneys and counselors at law. We want to make certain that you know how we determine our fees and how we intend to handle your matter and this letter will address those issues. We ask that you review this document, and that if you agree with it, you countersign in the space provided below. Services to be Provided. You have asked and we have agreed to represent you in assisting with a boundary line adjustment. We look forward to working with you with respect to these matters. If you request additional services and we agree to provide such services, the terms and conditions of this engagement agreement will apply to those services as well. We will be rendering legal services only to you and to no other person or entity in connection with our work. As long as you keep our advice to you confidential, the attorney-client privilege and confidential relationship between us will not be inadvertently waived. Michael J. Sawyer will be the attorney with primary responsibility for handling your matter. Other attorneys and firm personnel may work on the matter from time to time. All work by non -lawyer personnel will be supervised by an attorney. Fees for. Services Provided and Retainer. Our fees will be based on a number of factors, primarily the amount of time spent on the matter. Billing rates are assigned to each attorney and paralegal based upon skill and experience and a copy of the firm's current Hourly Rate and Expense Chart is enclosed. These rates are changed occasionally to reflect changes in experience of our personnel and inflation. When preparing any billing statement, we consider all the factors set forth in Rule 1.5 of the Colorado Rules of Professional Conduct adopted by the Colorado Supreme Court, a copy of which is also attached. While we may, from time to time, furnish you with estimates of the amount of fees which we anticipate will be charged for services to be performed under this agreement, such estimates are by their nature inexact and cannot be binding on either of us. In some circumstances, we may agree to perform certain well defined Karp Neu Hanlon P.C. Engagement Agreement Page 2 November 19, 2014 legal services for you on a fixed fee. Any work performed that is outside the reasonable scope of any fixed fee services will be subject to our customary billing rates and practices then in effect. Considering the nature of your matter, we request that you provide an initial retainer in the amount of $500.00. Should the need for an additional retainer arise to cover anticipated fees, costs or expenses, you agree to provide additional retainer fends, and if your matter involves litigation, we will request a sufficient retainer to cover the anticipated fees and costs through trial. Any amount of the retainer that is not used to pay fees and costs under this agreement will be returned to you upon completion of the work or termination of our services, subject to the other provisions of this agreement. Return of your retainer may be reasonably delayed so that our firm may ensure that any pending expenses or costs from third party vendors are paid. Expenses. You agree to reimburse us for all out-of-pocket costs and expenses incurred in connection with the legal services that we perform for you. Without limitation, these costs and expenses may include filing and recording fees, photocopy and document handling fees, court and deposition reporter fees, secretarial overtime, travel expenses, research, document retrieval, and other similar charges. Standard costs are identified on the enclosed Hourly Rate and Expense Chart. We may from time to time advance certain costs on your behalf, but we may also require that you pay certain costs, especially relatively large costs, in advance, directly to us or to the vendor, as needed. Billing and Payment. Our office bilis clients on or about the last day of the month. We send monthly statements to you which will include charges for attorneys fees for services performed as well as for costs and expenses incurred. Payment is due upon receipt of our invoice. Payments not received thirty days after invoicing will accrue interest at the rate of 1.5% per month (18% A.P.R.). Work Product. The parties agree that the work product that our firm develops will remain our property. You may have reasonable access to our work product, but it is specifically understood that your file and our work product will not be returned to you or transferred to a third party unless you request return or transfer in writing and only when you pay all fees, costs and expenses due at the time and all administrative costs associated with return or transfer. The firm will retain our work product for a reasonable period of time after the completion of representation. The firm reserves the right, in our sole discretion, to store our work product either in a paper or electronic format. In the event that our work product is stored in an electronic format, paper documents may be destroyed. Resolution of Disputes. Any dispute under this engagement agreement, or in any way involving our representation of you that cannot be resolved in a reasonable time by discussions between us, shall be resolved by filing an action in Garfield County District Court, with a waiver of trial by jury. The firm will be entitled to recover attorney fees and costs if it prevails in such dispute in addition to all other remedies. You agree to pay any costs or expenses incurred by our firm in connection with the collection of amounts due and owing by you to our firm. Termination of Services. You have the right at any time to terminate our services upon Karp Neu Hanlon P.C. Engagement Agreement Page 3 November 19, 2014 written notice. We will cooperate with you in facilitating the orderly transfer of your files and records to you or your new attorneys, subject to the provisions above. Such termination will not, however, relieve you of the obligation to pay the fees due for services rendered and costs and expenses incurred prior to such termination or in connection with the transfer of your files. Upon termination by either party for litigation services, the firm may be required to seek an order from the court allowing withdrawal. Any actions required to effectively withdraw from a litigation case are to be considered part of the services that we provide to you, so hourly fees may apply. If you fail to meet your obligations under this engagement agreement, we will have the right to terminate our services and to decline to represent you further. If we elect to exercise this right, you agree to cooperate in freeing us of any further obligation to represent you. The foregoing covers the essential elements of our engagement. We would be happy to discuss these or any other aspects of our representation. If you have questions about a particular fee statement or any other aspects of our services for you in the future, please bring these to my attention since communication resolves most misunderstandings. We look forward to a successful and satisfying relationship with you. Because this letter sets forth the basis on which we will represent you, please execute the enclosed copy of this letter and return it to me, along with your retainer in the amount of $500.00, allowing us to commence representation. Enclosures: Rule 1.5, C.R.P.C. Hourly Rate and Expense Chart AGREED AND ACCEP I"ED: Very truly yours, KARP N or ; , AN ®N; P.C. '7 Michael J. Sawyer alic)`".2)w /(--/9--/- Norris Ewalt Date