HomeMy WebLinkAbout1.0 ApplicationAmended Plat Application Form RECEIVED .l3U2I1 Qc b 4' Applicant Name:SflN'' A MAS sRN \\ illFlRyS;, Please attach a brief description of the amendments to take place, then sign and attach to this application. Subdivision Name: Da$40A Owner: �I r 4v,61K6 Gn sN\ Loi -63 COT(. Bob Engineer/Planner/Surveyor: vok_c�l S�rareyvrs , 2: 'k_ I of / 3 a c43, Section Township Location: 50 •8 C4 yo rr Gree 4. Dr . Change in Public Access? YES If Yes Where? V S C't.L E S - Existing Zoning: Change in Easements? YES PUD If Yes Where? t37Ci-fr,c s-nnsarN/ x331 Original Lot(s) Size(s) 144 y s e 4 ,n,„..e /'`l e_ � rry /inc b lu re 6Z 4)/ 63 ry h' /,mo,e r c(dsefy (�//�.. VIAX /L.,/C,/6,8,c' :,,, Jt eS ( Ord . SCLa c �l�r../ ✓jn r, v -f fur v��r 1`F do 1s./Le/ Planning Department Review Fee: County Surveyor Review Fee: Total Filing Fee: $100.00 $40.00 1 / $140.00 — . C d - C� CIL 3 S" AD • CCD O N O 5. 5 0 0 At CD — O p� CD cr 0 0 UIP CD O C5D C' CSD C/) 0 n '� 0 0 7)•c _ o 0 , CD 0 CD r 5. 0 0 0 0- 0x•�o CD O N• O CD co �-t O CD O 4-0 Lu CD CT 0 0 `C O CD 0 tin 0 C) O CD — O 0 0 O Or C. N `C "4 0., CFD -4;1 D O Z p O p� CD "-t CD 0_ OCD p �_ ItoCD O O � 0 02., ,- "o+ W O CD UQ O O cn 0 0* '74 0. CD n = 0 0* 3 O ,0 O .0C A) 0 O DCD . o."0 C O C � G 0Cn 8OOo0 C CO StCemS �= CD oD "', .0 B. Q- "h "C3 IU1 OC0 O O 0 o CD O'=� ¢-O O.• O C. -t � -sc- CD d 0 -oa •to = v 0 0 o= '-h N 0 O O ccl 8 5 0 .d , . 0 rD O+ 0 0" CD 0 O O z. 0 r 0 'TJ 0- O Q ' O CD vt 0 0 = 0 r-. 24,O ,0_, Cj 1:0 O cm 0 E "V "0 • cr CD 0 " p `C C/D "'i CM `0 C0 = - (n CD 6 CD CD IR — 0 0 tv 0 CD "0 k• , 5 O 0 '2 0 O N 0 tD ►- O 0 ON .-. • N CD 0 .-r Z' O O O ti Pia 4 1 =n O CD �' C . CD CD 7 p) 0.z. N o CD .-. r+ 0 O "C3 h O a• 0.0 ScOn N 0 CD .' C4 11) S=S0 Ca CCD Z. C4 ri)rn = 0 0 O .0 cr N'0 O 0 "C O CD A^ 0 C/ - = ° '� ,-.t.. o crop =4 CD O cn R o -2 g .i (meq v CSD 0 O �G CDD 00Cr 0 'r7 -t Matthew and Kristine Stinson Garfield County Planning Department 4 O O 0 r PnCD o,. o! 0 Al Lip Bt. 8- -10 C cD a (ID o' o0. - . - �CD � CD• p cin CDP 0--- • 0-110• 5t. • co • 2 a. C 0 CD• • • o o O 0 5 O CD -. o 0 co C CD O CD (D O T LIP DACE. IJPROYIVENT LOCATION CERTIFICATE LOT 63 _1NYON CRETE. E'STA2ES, 5TL1 AMENDED PLAT CARF1ELI) COUNT COLORADO l < t DALyi frog 046 CONC. LUX (L0T 64) ?s0/ / / /LIM lint / CAS11 'do- / 1/ / (/ RETA ISQL I �d/ 1 / LCT 63 � / / 2 / / .. / J 456442 cr- .tt N SEVER a>rw-ovI 31•se ‘\ / s (LOT 62) 0.379 ACRES±/ f isr—BAC 145.00' S 8°. SHELLJO DRIVE UPDATE Il1PROVEMENT LOCATION CERTIFICATE I hereby certify that this update Improvement location certificate has prepared by swszow i Wilkes, Inc. for IOM Mortgage Corporation from an iapravevent location oestilioa►.• pro;._.tw t,., w'. -t`1., taginar_.na _nd Land :_vr,.ni data.Vr b tar 12, :211, that It Is not • lard survey plat or Improvement survey plat, and that it is not to be relied upon for the establishment of fence, building, or other future improvement lines_ I further certify that the improvements on the above described parcel on this date, November 19, 1993, except utility connectlor , are entirely within the boundaries of the parcel, except as shown, that there are no encrosthments upon the described premises by improvements on any adjoining premises, except as indicated, and that there 1s no arr.ar►nt oviAntro nr wt-... of any .a. wnr r •-�w�na ... �.,.-a...,�.. ,n•r .,.rF of .mtA nm:„ai - 0073'58" R- 1969.50' l-8.00' r- 4.00' lel- S 80716'5.8' W 8,00' 7 NJ- I CANYON CREEK ESTATES HOMEO WEBS ASSOCIATION AUGUST 10, 2001 CHRISTEN STENSON 508 CANYON CREEK DRIVE GLENWOOD SPRINGS, CO 81601 DEAR MRS. STENSON, AFTER REVIEWING YOUR PROPOSAL TO ADD AN ATTACHED SHED TO YOUR EXISTING GARAGE, AND YOUR INTENT TO RELOCATE YOUR PROPERTY LINE, THE ARCHITECTURAL COMMITTEE HAS NO OBJECTIONS. PLEASE CONTACT YOUR NEIGHBORS, MATCH THE EXISTING PAINT WITH THE NEW SHED, AND CHECK YOUR LOT LINES FOR THE PROPER SET BACKS SINCERELY, CANYON CREEK ACC AND RECEIVE© OCT 0 5 2001 Kristine D. Evers Stinson 508 Canyon Creek Drive, Glenwood Springs, Colorado 81601 October 3, 2001 Cathi Edinger Planning Technician Garfield County Building & Planning Department 109 8th Street Suite 303 Glenwood Springs, Colorado 81601 Re: Amended Plat Application Lots 62 & 63, Canyon Creek Estates Dear Cathi: 1 am writing to follow up your letter dated August 17, 2001, regarding additional items necessary for the consideration of our lot changes. I am still working on my husband to get a sketch of where the Sims' home and setbacks lie within the plat. I can provide the names and addresses of the owners of property within 200' of the lot line are as follows: Steve & Jeanne Beckley 0550 Canyon Creek Drive Glenwood Springs, Colorado 81601 (Lot # 59) Dave and Colleen Townsley 0568 Canyon Creek Drive Glenwood Springs, Colorado 81601 (Lot # 58) Fred & Colleen Truden 0514 Canyon Creek Drive Glenwood Springs, Colorado 81601 (Lot # 60) Ted & Jolene Armstrong Cathi Edinger October 3, 2001 Page 1 of 2 0502 Canyon Creek Drive Glenwood Springs, Colorado 81601 (Lot # 64) George Lloyd 0484 Canyon Creek Drive Glenwood Springs, Colorado 81601 (Lot # 65) Martha Kettele 0482 Canyon Creek Drive Glenwood Springs, Colorado 81601 (Lot # 66) Harold & Stephanie Kindall 0512 Canyon Creek Drive Glenwood Springs, Colorado 81601 (Lot#61) This property is a rental property for the Kindalls. It is managed by Vicki Lee Green and Associates. The Kindall's current address, according to their management person, is: 0174 County Road 130, Glenwood, 81601. I will forward the plat as soon as I can Tight a fire under my husband. If you have any questions, please call me at 970-947-9598. Thank you for your help. Sincerel Krist' a D. Vii. Stinson Cathi Edinger October 3, 2001 Page 2of'2 RECEIVED MAR 0 Kristine D. Evers Stinson 2002 508 Canyon Creek Drive, Glenwood Springs, Colorado 81601 February 26, 2002 Cathi Edinger Planning Technician Garfield County Building & Planning Department 109 8t" Street Suite 303 Glenwood Springs, Colorado 81601 Re: Amended Plat Application Lots 62 & 63, Canyon Creek Estates Dear Cathi: I am writing in reference to the amended plat application for Lots 62 & 63 in the Canyon Creek Estates. You had requested that we provide another plat drawing for Lot 62 (Simms) which includes where the house is located on the property, along with any other out buildings and setbacks from the property line. You indicated you needed to see the setback in order to verify that none of those are being encroached upon. Please find copies of the original plat with the Simms home included; there are no additional buildings on the property. We did not move the front property line. The proposed changes do not encroach on any setbacks. I believe we have provided all the information you requested to make a decision. If you have any questions, please call me at 947-9598 (eve) or 928-5101(day). Thank you for your patience and help. Sincerely, 100 _R-dief Kris ine D. tinson 75c 482959 13-952 P-756. 09/1.2/95- 11:_56A. PG_ L OF 6 REC DOC NOT MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 31.00 [Space Above This Line For Recording Date) DEED OF TRUST ALPINE BANK BASALT 137 MIDLAND AVENUE BASALT CO 81621 THIS DEED OF TRUST ("Security Instrument") is made on .SEP7.1riMpgR,,,,Q .,...U95 among the grantor, ROBERT $ IMS AND NIARYT,U SIMS wIT,,LIAM SIM$ W7.. RTl „S.IIIA whose address is Gkl~NWPQP...URM44 81-441, ("Borrower"), the Public Trustee of GARFIELD County ("Trustee"), and the beneficiary, , which is organized and existing under the laws of ...CQfrOtz,Apo , and whose address is .. X A7.. M.P.P. AVNNR .. Pk1SIWN ..4.4..81.4.4 ("Lender"). Borrower owes Lender the principal sum of ..F.ZXTAkN. X491-WP..4t?R.Ft.DRU. AWAIT -ME aim ooJ}oo Dollars (U.S. $ 7-5,.3,85.,.QQ...). This debt is evidenced by Borrower's note dated the c\ same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid c1 earlier, due and payable on SEPTEMBER 8 , opp This Security Instrument secures to Lender: (a) the r repayment -of -the -debt -evidenced -by the Note; with -interest, and all renewals, extensions and modifications of the -Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) 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 `-Z-- Trustee, in trust, with power of sale, the following described property located in gA,RFX .;rI? County, Colorado: LOT 62 CANYON CREEK ESTATES A PLANNED UNIT DEVELOPMENT CCORDING TO THE 5TH AMENDED PLAT CORDED JUNE 23, 1989 AS RECEPTION NO. 402846 UNTY OF GARFIELD STATE OF COLORADO which has the address of 'Street! ICnyl Colorado ("Property Address"); !Zip Code' COLORADO - Singlet gamily • Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 300 ,9� (page 1 of 6) BANKERS SYSTEMS. INC.. Si. CLOUD. MN 66302 11.800.397-23411 FORM Mn -1 -CO 116/92 FORM 3 K/1 .4V re-ktri /9/1/f,u ?&itJ , (3a secg, v• I30,� �, IS'Q sa. Cf-, e6 `,e/6 z/ 482959 B-952 P-757 09/12/95 11:56A PG 2 OF 6 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 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. Tests SECURITY INsrRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UN[PORM COVENANTS, Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for'1'axes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. Tlrese- items -are -called- "-Escrow Items. Lender may, at any time, collect and hold' Funds in an amount not to exceed- the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. § 2601 et seq. ("RESPA"); unless another law that applies to -the Funds sets a lesser amount. If so; Lender -may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may 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 Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may 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. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may 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, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrowershall promptly- discharge any lien which has -priority- over thisSecurity-Instrument-unless-Borrower: (a) - agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contcsts in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; 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 may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, Form 3006 1/91 (page 2 of 61 RANKERS SYSTEMS, INC., ST. CLOUD, MN 56302 11.500.397.2341) FORM MD -1-00 116192 FORM 203 482959 B-952 P-758 09/12/95 11:56A PG 3 OF 6 including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is 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 any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30 -day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty 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. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the 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. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attomeys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, 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 approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one -twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. Form 30I • 1.• 1 (page a o/ 6) BANKERS SYSTEMS, INC., ST. CLOUD, MN 56302 11-800.397-2341) FORM MD -1 -CO 1(8/92 FORM 303 /J •, 482959 B-952 P-759 09/12/95 11:56A PG 4 OF 6 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds tnultiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (h) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is Iess than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. 11. 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 any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not he a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower'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 may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's- consent. 13. Loan Charges. If the loan secured by this Security Instrument 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 under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender siiail-be given by - first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. 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. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Bon -ower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured Form 3006 1191 (page 4 of 6) BANKERS SYSTEMS, INC., ST. CLOUD, MN 56302 (1-800.397-2341) FORM MD -1-00 1/5/92 FORM 403 482959 B-952 P-760 09/12/95 11:56A PG 5 OF 6 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. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) 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) curcs 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; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security instrument shall continue unchanged. Upon reinstatement by Borrower, this Security instrument and the 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 paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may 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 in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law, 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. 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. Borrower shall promptly give Lender written notice of 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 Environmental Law of which Borrower has actual knowledge. if Borrower learns, or is notified by any governmental or regulatory authority, 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. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances 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. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. 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 paragraph 17 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 inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or hefore 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 to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, reasonable attorneys' fees and costs of title evidence. if Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Lender shall mail a copy of the notice to Borrower as provided in paragraph 14. 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. BANKERS SYSTEMS. INC., ST, CLOUD, MN 58302 0-800-397-23411 FORM M0 -1 -CO 1/6/92 FORM 503 Form 30N11 (page 5 of 6/ 482959 B-952 P-761 09/12/95 11:56A PG 6 OF 6 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. 22. 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 canceled, 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. 23. Waiver of Homestead. Borrower waives all right of homestead exemption in the Property. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] ❑ Adjustable Rate Rider ❑ Condominium Rider ❑ 1-4 Family Rider ❑ Graduated Payment Rider 0 Planned Unit Development Rider ❑ Biweekly Payment Rider 0 Balloon Rider ❑ Rate Improvement Rider ❑ Second Home Rider 0 Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. WILLIAM SIMS MARTHA SIMS ../1.4t ROBERT SIMS 275-68-0764 4-04,a) (Seal) -Borrower MARYU MS 338-54-9195 (Space Below This Line For Acknowledgment] 8th day of September, 1995 STATE OF COLORADO County of Eaq I e This foregoing instrument was acknowledged before me this by William Sims, Martha Sims, Robert Sims, and Marylu Sims My CommissiQntx,ires: ci(.., ?" roily pu r CHEM A. BROWN RANKERS SYSTEMS, INC., ST, CLOUD, MN 56302 (1-800-397-2341) FORM MD -1-00 1/6/92 (Seal) -Borrower (date) (name of person acknowledged). 7 Notary Public PAGE 605 Form 3006 1/91 (page 6 of 6) AIM IIII{ 111111 111111 1111 11111111 11111IIII 1111 533434 10/08/1999 11 54A 51154 P671 M ALSDORF 1 of 12 R 60.00 D 0.00 GARFIELD COUNTY CO Please Return Recorded Document To: NORWEST MORTGAGE, INC. FINAL DOCUMENTS 3601 MINNESOTA DRIVE BLOOMINGTON, MN 55435-6284 [Space Above This Line for Recording Data] DEED OF TRUST 5094497REL TI -HS DEED OF TRUST ("Security Instrument") is made on QGTQIIR.Z,.1.90Q among the grantor, KRISTINE D. STINSON AND MATTHEW L STINSON, WIFE AND HUSBAND ("Borrower"), the Public Trustee of PARFIELA County ("Trustee"), and the beneficiary, ...NQRWKAT.1M9RIP,APzg..1N.C. , which is organized and existing under the laws of THE ATATE.QE.C.AUEQRNIA , and whose address is ..41)5.SW.FIFTH.STREET,. DES.1&QINES,.IA...553Q9 ("Lender"). Borrower owes Lender the principal sum of...QME..HUNDitED..F.IF.T.Y.:EIQHT..TtiQ.4SAND AND N0/100 Dollars (U.S. 1 —ARUM ClQ ) This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on NOVEMBER 1, 2006 This Security instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security instrument; and (c) 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 trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in .. GARFIELD County, Colorado: LOT 63, CANYON CREEK ESTATED, A PLANNED UNIT DEVELOPMENT ACCORDING TO THE 5TH AMENDED PLAT RECORDED JUNE 23, 1989 AS RECEPTION NO. 402848. COUNTY OF GARFIELD, STATE OF COLORADO. which has the address of GLENWOOD SPRINGS THIS IS A PURCHASE MONEY MORTGAGE. 45855 HIGHWAY 6 #83 (63 SHELLJO DRIVE) [Street] , Colorado 81601 [City] [Zip Code] ("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 C'6 foregoing is referred to in this Security Instrumentas the "Property." m rs BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey 3 the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend V generally the title to the Property against all claims and demands, subject to any encumbrances of record. Ingle Family — FNMA/FHLMC UNIFORM INSTRUMENT FORM 3006 01/91 (Paye 1 of 6 Pages) ECBO5L Rev. 08/07/97 / ✓u a\ c OLORADO • 111111I Ill 1111111111111 553434 10/08/1999 11:54A B1154 P672 M ALSDORF 2 of 12 R 60.00 D 0.00 GARFIELD COUNTY CO 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 and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. (RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may 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 Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may 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. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may 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, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. 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; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; 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 may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term 'extended coverage' and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval Single Family FNMA/FHLMC UNIFORM INSTRUMENT COLORADO FORM 3006 01191 (Page 2 of 6 Pages) EG803L Rev. 08/07/87 1 111111 11111 111111 111111 1111 iiiiii iini iu 11111 11111111 553434 10/08/1999 11:54A 81154 P673 M ALSDORF 3 of 12 R 60.00 D 0.00 GARFIELD COUNTY CO which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is 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 any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30 -day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Properly as Borrower's principal residence within sixty 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. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially Impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the 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. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. E. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, 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 approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one -twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a Toss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. Single Family — FNMA!FNLMC UNIFORM INSTRUMENT FORM 3008 D1/91 (Page 3 of s Pages) COLORADO EC905L Rev. 05/07/57 1111111111111111111E1111111111111111111111111111111111 533434 10/08/1999 11:54A 51154 P674 M ALSDORF 4 of 12 R 60.00 D 0.00 GARFIELD COUNTY CO 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of thetime for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower'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 may agree to extend, modify, forbear or make any accommodations with regard to the terns of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument 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 under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. 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. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Single Family -- FNMA/FHLLIC UNIFORM INSTRUMENT FORM 3006 D1191 (Page 4 of 6 Pages) COLORADO ECEM51. Rev. 08/07/87 i iniii IIII olio 11111111111111111111111111111111111 553434 10/08/1999 11:54A B1154 P675 M ALSDORF 5 of 12 R 60.00 D 0.00 GARFIELD COUNTY CO Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise Is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration_ The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed 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. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any lime prior to the earlier of (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) 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; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the 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 paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer') that collects monthly payments due under the Note and this Security Instrument. There also may 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 in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Flazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of 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 Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, 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. As used in this paragraph 20, "Hazardous Substances' are those substances defined as toxic or hazardous substances 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. As used in this paragraph 20, "Environmental Law' means federal laws and laws of the jurisdiction where the Property Is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. 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 paragraph 17 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 inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. lithe 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 to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, reasonable attorneys' fees and costs of title evidence. Single Family -- FNMA/FHLMC UNIFORM INSTRUMENT COLORADO FORM 3005 01!91 (Page 5 of a Pages) ECBDSL Rev. 0€/07/87 1111111111111111111111111111111111111111111111111111 553434 10/08/1299 11:54A B1154 P676 M ALSDORF 6 of 12 R 60.00 D 0.00 GARFIELD COUNTY CO If Lender invokes the power of sale, Lender shall give written notice to 'Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Lender shall mail a copy of the notice to Borrower as provided in paragraph 14. 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; (h) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 22. 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. 23. Waiver of Homestead. Borrower waives all right of homestead exemption in the Property. 24. Riders to this Security Instrument. 1f one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security instrument. [Check applicable box(es)[ ❑ Adjustable Rate Rider ❑ Condominium Rider ❑ 1-4 Family Rider ❑ Graduated Payment Rider ® Planned Unit Development Rider D Biweekly Payment Rider X❑ Balloon Rider ❑ Rate Improvement Rider ❑ Second Home Rider E Prepayment Rider ❑ Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security instrument and in any rider(s) executed by Borrower and recorded with it. L2 Witnesses: 1- K • TINSON -Borrower _(Scan) -.Borrower STATE OF COLORADO ) ) SS COUNTY OF GARFIELD) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS 7th DAY OF OCTOBER, 1999 BY KRISTINE D. STINSON AND MATTHEW L. STINSON. WITNESS MY HAND AND OFFICIAL SEAL. NOTARY PUBLIC [Space Below This Line for Acknowledgment] My CtlfnmisslOn Wires 05/23/2001 Single Family -- FNMNFHLMC UNIFORM INSTRUMENT COLORADO FORM 3006 01191 (Page 6 of 6 Pages) EC805L Rev. 09/24/97 1111111 11111 111111 111111 1111 111111 1111111111111111111 553434 10/08/1999 11:54A B1154 P677 M ALSDORF 7 of 12 R 60.00 D 0.00 GARFIELD COUNTY CO PLANNED UNIT DEVELOPMENT RIDER 5094497REL THIS PLANNED UNIT DEVELOPMENT RIDER is made this 7th day of OCTOBER, 1999 , 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") to secure Borrower's Note to NORWEST MORTGAGE, INC. (the "Lender") of the same date and cove the Property described in the Security Instrument and located at: 45855 HIGHWAY 6 #63 (6 SHELUO DRIVE) GLENWOOD SPRINGS, CO 8180i (Property Address) The Property includes, but is not limited to, a parcel of land improved with a dwelling, together with other such parcels and certain common areas and facilities, as described in (the "Declaration"). The Prope Ry EEK ESTRTEart of a planned unit development known as CANYONS (Name of Planned Unit Development) (the "PUD"). The Property also includes Borrower's interest in the homeowners' association or equivalent entity owning or managing the common areas and facilities of the PUD (the 'Owners' Association") and the uses, benefits and proceeds of Borrower's interest, PUD Covenants. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. PUD Obligations, Borrower shall perform all of Borrower's obligations under the PUD's Constituent Documents. The "Constituent Documents" are the: (i) Declaration; (ii) articles of incorporation, trust instrument or any equivalent document which creates the Owners' Association; and (iii) any by-laws or other rules or regulations of the Owners' Association. Borrower shall promptly pay, when due, all dues and assessments imposed pursuant to the Constituent Documents. MULTISTATE PUD RIDER Form 3150 09190 (Page 1 of 3) SIngIe Family - FNMA/FHLMC Uniform Instrument ECO25L Rey. 03/02/98 1111111 niu 111111 niiii im ilial 11111 1111111111111111 553434 10/08/1999 11:54A 81154 P678 M ALSDORF 8 of 12 R 60.00 D 0.00 GARFIELD COUNTY CO 5094497REL It. Hazard Insurance. So long as the Owners' Association maintains, with a generally accepted insurance carrier, a "master" or "blanket" policy insuring the Property which is satisfactory to Lender and which provides insurance coverage in the amounts, for the periods, and against the hazards Lender requires, including fire and hazards included within the term "extended coverage,' then: (i) Lender waives the provision in Uniform Covenant 2 for the monthly payment to Lender of the yearly premium installments for hazard insurance on the Property; and (ii) Borrower's obligation under Uniform Covenant 5 to maintain hazard insurance coverage on the Property is deemed satisfied to the extent that the required coverage is provided by the Owners' Association policy. Borrower shall give Lender prompt notice of any lapse in required hazard insurance coverage provided by the master or blanket policy. In the event of a distribution of hazard insurance proceeds in lieu of restoration or repair following a loss to the Property, or to common areas and facilities of the PUD, any proceeds payable to Borrower are hereby assigned and shall be paid to Lender. Lender shall apply the proceeds to the sums secured by the Security Instrument, with any excess paid to Borrower. C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to insure that the Owners' Association maintains a public liability insurance policy acceptable in form, amount, and extent of coverage to Lender. D. Condemnation. The proceeds of any award or claim for damages, direct or consequential, payable to Borrower in connection with any condemnation or other taking of all or any part of the Property or the common areas and facilities of the PUD, or for any conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. Such proceeds shall be applied by Lender to the sums secured by the Security Instrument as provided in Uniform Covenant 10. E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's prior written consent, either partition or subdivide the Property or consent to: (i) the abandonment or termination of the PUD, except for abandonment or termination required by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (ii) any amendment to any provision of the "Constituent Documents" if the provision is for the express benefit of Lender; (iii) termination of professional management and assumption of self-management of the Owners' Association; or (iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the Owners' Association unacceptable to Lender. MULTISTATE PUD RIDER Form 3150 09/90 (Page 2 of 3) Single Family - FNMA/FHLMC Unitorm Instrument ECO25L Rev. 01/24/97 1111111111111111111111111111111111111111111111111111111 553434 10/08/1999 11 54A B1154 P679 M ALSDORF 9 of 12 R 60.00 D 0.00 GARFIELD COUNTY CO 5094497REL F. Remedies. If Borrower does not pay PUD dues and assessments when due, then Lender may pay them. Any amounts disbursed by Lender under this paragraph E shall become additional debt of Borrower secured by the Security Instrument. Unless Borrower and Lender agree to other teams of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. BY SIGNING BELOW, Borrower accepts and PUD Rider. es to the terms and provisions contained in this (Seal) D. STINSON -Borrower (Seal) MATTHEW L. STINSON -Borrower MULTISTATE PUD RIDER Form 3150 09/90 (Page 3 of 3) Single Family - FNMA/FHLMC Uniform Instrument ECO25L Rev. 01/24/97 I111111IIIA 111111I11III II9111111IIIII III Allll III IIII 553434 10/08/1999 11:64A B1154 P680 M ALSDORF 10 of 12 R 60.00 D 0.00 GARFIELD COUNTY CO BALLOON RIDER 0005094497 (CONDITIONAL MODIFICATION AND EXTENSION OF LOAN TERMS) THIS BALLOON RIDER is made on this 7th day of OCTOBER, 1999 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") to secure Borrower's Note to NORWEST MORTGAGE, INC. (the "Tender') of the same date and coveringthe property described in the Security Instrument and located at: 45855 HIGHWAY 6SHELLDRIVE) GLENWOOD SPRINGS, CO 81801 (Property Address) The interest rate stated on the Note is called the "Note Rate.' The date of the Note is called the "Note Date." I understand the Lender may transfer the Note, Security Instrument and this Rider. The Lender or anyone who takes the Note, the Security Instrument and this Rider by transfer and who is entitled to receive payments under the Note is called the "Note Holder." ADDITIONAL COVENANTS. In addition to the covenants and agreements in the Security Instrument, Borrower and Lender further covenant and agree as follows (despite anything to the contrary contained in the Security Instrument or the Note): !. Conditional Modification and Extension of Loan Terms. At the maturity date of the Note and Security Instrument (the "Maturity Date"), I will be able to extend the Maturity Date to November 1, 2029 , and modify the Note Rate to the 'Modified Note Rate' determined in accordance with Section 3 below if all the conditions provided in Section 2 and 5 below are met (the "Conditional Modification and Extension Option"). If those conditions are not met, I understand that the Note Holder is under no obligation to refinance or modify the Note, or to extend the Maturity Date, and that I will have to repay the Note from my own resources or find a lender willing to lend me the money to repay the Note. Substantially Similar to MULTISTATE BALLOON RIDER Form 3180 07/09 (Page 1 of 3) Single Family - FNMA Uniform Instrument EC082L Rev. 02/20/98 1111111 11111 111111 1111 111111 11111 111 1111111111111 553434 10/08/1999 11 54A 81154 P681 M ALSDORF 11 of 12 R 60.00 D 0 00 GARFIELD COUNTY CO 0005094497 2. Conditions to Option. If I want to exercise the Conditional Modification and Extension Option at maturity, certain conditions must be met as of the Maturity Date. These conditions are: (1) I must still be the owner and occupant of the property subject to the Security Instrument (the "Property"); (2) I must be current in my monthly payments and cannot have been more than 30 days late on any of the 12 scheduled monthly payments immediately preceding the Maturity Date; (3) the Modified Note Rate cannot be more than 5 percentage points above the Note Rate; (4) I must make a written request to the Note Holder as provided in Section 5 below; (5) the lien of the Security Instrument must be a first and prior hen against the Property; (6) I must provide the Note Holder evidence satisfactory to it that the rights of the owners of other security interests encumbering the Property are subordinate to the rights of Note Holder, including, among other things, subordination agreements and title insurance endorsements in forms acceptable to the Note Holder; and (7) if there are any other security interests encumbering the Property, 1 must satisfy and comply with all other requirements of the Note Holder for mortgages with subordinate financing, which may include requirements of the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation in effect at the tirne of maturity. 3. Calculating the Modified Note Rate. The Modified Note Rate will be a fixed rate of interest equal to the Federal National Mortgage Association's required net yield for 30 -year fixed rate mortgages subject to a 60 -day mandatory delivery commitment, plus one-half of one percent (0.5%), rounded to the nearest one-eighth of one percent (0.125%) (the "Modified Note Rate"). The required net yield shall be the applicable net yield in effect on the date and time of day that 1 notify the Note Holder of my election to exercise the Conditional Modification and Extension Option. If this required net yield is not available, the Note Holder will determine the Modified Note Rate by using comparable information. 4. Calculating the New Payment Amount. Provided the Modified Note Rate as calculated in Section 3 above is not greater than 5 percentage points above the Note Rate and all other conditions required in Section 2 above are satisfied, the Note Holder will determine the amount of the monthly payment that will be sufficient to repay in full (a) the unpaid principal, plus (b) accrued but unpaid interest, plus (c) all other sums I will owe under the Note and Security Instrument on the Maturity Date (assuming my monthly payments then are current, as required under Section 2 above), over the remaining extended term at the Modified Note Rate in equal monthly payments. The result of this calculation will be the new amount of my principal and interest payment every month until the Note is fully paid. 5. Exercising the Conditional Modification and Extension Option. The Note Holder will notify me at least 90 but not more than 120 calendar days in advance of the Maturity Date and advise me of the principal, accrued but unpaid interest, and all other sums I am expected to owe on the Maturity Date. The Note Holder also will advise me that I may exercise the Conditional Modification and Extension Option if the conditions in Section 2 above are met. The Note Holder will provide my payment record information, together with the name, title and address of person representing the Note Holder that 1 must notify in order to exercise the Conditional Modification and Extension Option. If I meet the conditions of Section 2 above, 1 may exercise the Conditional Modification and Extension Option by notifying the Note Holder no later than 45 calendar days prior to the Maturity Date. Substantially Similar to MULTISTATE BALLOON RIDER Form 3180 07/88 (Page 2 o1 3) Single Family - FNMA Unllorm Instrument EC082L Rev. 01/15/97 11111111311111111111111111111111111111111 1111111111111111111111111111111111111 III 111111111 IIII 553434 10/08/1999 11 54A 81134 P6 ORF 12 of 12 R 60.00 D 0 00 GARFIELD COUNTY CO 0005094497 The Note Holder will calculate the fixed Modified Note Rate based upon the Federal National Mortgage Association's applicable published required net yield in effect on the date and time of day notification is received by the Note Holder and as calculated in Section 3 above. I will then have 30 calendar days to provide the Note Holder with acceptable proof of my required ownership, occupancy and property lien status. Before the Maturity Date the Note Holder will advise me of the new interest rate (the Modified Note Rate), new monthly payment amount and a date, time and place at which I must appear to sign any documents required to complete the required note modification and Maturity Date extension. I understand the Note Holder will charge me a $250 processing fee and the costs associated with updating the title insurance policy, if any. BY SIGNING BELOW, Borrower accepts and a: ees to the terms and covenants contained in this Balloon Rider. �,��,' � (SEAL) *l •. STINSON -Borrower MATTHEW L STINSON (SEAL) -Borrower Substantially Similar to MULTISTATE BALLOON RIDER Form 3180 07/89 (Page 3 of 3j Single Family - FNMA Uniform Instrument EC082L Rev. 01/18/97 The appraisal data used to establish real property value was from the 18 -month period ending June 30, 2000. If data is insufficient during this time period, Assessors may use data from the five-year period ending June 30, 2000. Data should be gathered in six-month intervals going back from June 30, 2000, until sufficient data is gathered. Your property was valued as it existed on January 1 of the current year. The "current year actual value" represents the actual value of your property as of the appraisal date. The appraisal date is June 30, 2000. The tax notice you receive next January will be based on this value. An assessment percentage will be applied to the actual value of your property before property taxes are calculated. The assessment percentage for residences is tentatively projected to be 9.00%. Generally, all other property, including vacant land and personal property, is assessed at 29%, 39-1-104(1) and (1.5), C.R.S. A change in the projected residential assessment percentage is NOT grounds for protest or abatement of taxes, 39-5-121(1), C.R.S. YOU MAY ELECT TO COMPLETE THE BACK OF THIS FORM TO PROTEST YOUR PROPERTY VALULATION OR THE CLASSIFICATION. 212336223063 DATE: May 1, 2001 SCHEDULE NUMBER TAX YEAR TAX AREA CODE PROPERTY DESCRIPTION (MAY NOT BE COMPLETE) R080804 2001 008 SECT,TWN,RNG:36-5-90 SUB:CANYON CREEK E STATES -5TH AMEND LOT:63 BK:0587 PG:0420 BK:0814 PG:0288 BK:0983 PG:0079 BK:115 4 PG:669 BK:1154 PG:670 PRE:R080726 SPE P R D O P N E E R R T Y STINSON, MATTHEW L. & KRISTINE D. 508 CANYON CREEK DR GLENWOOD SPRINGS, CO 81601-9725 TYPE OF PROPERTY PRIOR YEAR ACTUAL VALUE CURRENT YEAR ACTUAL VALUE + OR - CHANGE RESIDENTIAL 222130 236750 14620 TOTALS 222130 236750 14620 LAND SIZE # OF BUILDINGS ON FILE BUILDING #1 CHARACTERISTICS DISPLAYED NOV 2001 SEE REVERSE SIDE FOR PROTEST FORM