Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1.01 Supplemental Application Info
777 V 4 Alpine Bank Shelbi Bauer Alpine Bank 100 E 411 Street Rifle, CO 81650 April 25, 2017 RE:larad Elder 7o Whom It May Concern: Riff 100 East 4th Street Rifle, Colorado 81650 970-625-9610 Fax 970-625-9616 Alpine Bank currently holds a lien against 4280 County Rd 331 in Silt. We are aware of the borrower's intentions to subdivide this property and are fine with the county proceeding to do so. if you have any concerns or need additional information from Alpine Bank please let me know. . Sincerely, Sheibi Banking Officer www.alpinebank,cotn RECORDATION REQUESTED BY: Alpine Bank, A Colorado Banking Corporation Alpine Bank Rine 400 71h Street South Rine, CO 81650 WHEN RECORDED MAIL TO: Alpine Bank, A Colorado Banking Corporation 400 7th Street South Rina, CO 81650 THE UNDERSIGNED HEREBY CERTIFIES THIS TO BEA TRUE 8, OCIOIR ECT Copy OF THE ORIGINAL. ' A Co. , SEND TAX NOTICES TO: JARAD B. ELDER 227 N. MEADOW DRIVE SILT, CO 81652-9608 FOR RECORDER'S USE ONLY DEED OF TRUST MAXIMUM PRINCIPAL AMOUNT SECURED. The Lien of this Deed of Trust shall not exceed at any one time $558,500.00 except as allowed under applicable Colorado law. THIS DEED OF TRUST is dated August 30, 2016, among JARAD B. ELDER ("Grantor"); Alpine Bank, A Colorado Banking Corporation, whose address is Alpine Bank Rifle, 400 7th Street South, Rifle, CO 81650 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and the Public Trustee of GARFIELD County, Colorado (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Grantor hereby Irrevocably grants, transfers and assigns to Trustee for the benefit of Lender as Beneficiary all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, Improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (Including stock In utilities with ditch or Irrigation rights}, and all other rights, royalties, and profits relating to the real property, Including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in GARFIELD County, State of Colorado: A TRACT OF LAND IN THE NE1/4 OF SECTION 34, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH PRINCIPAL MERIDIAN IN GARFIELD COUNTY, COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST RIGHT OF WAY LINE OF COUNTY ROAD NO. 331 (ALSO BEING A POINT ON THE NORTH/SOUTH CENTERLINE OF SECTION 34, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH P.M., GARFIELD COUNTY, COLORADO), WHENCE THE CENTER ONE-QUARTER CORNER OF SAiD SECTION 34 BEARS SOUTH 00"13'48" WEST 1677.09 FEET; THENCE NORTH 00'13'48" EAST 360.00 FEET ALONG SAID EAST RIGHT OF WAY LINE OF COUNTY ROAD NO. 331 AND SAID NORTH/SOUTH CENTERLINE OF SECTION 34; THENCE ALONG THE SOUTHERLY RIGHT OF WAY LINE OF COUNTY ROAD NO. 326 (ALSO BEING KNOWN AS CHIPPERFIELD ROAD) THE FOLLOWING THREE COURSES: SOUTH 81'53'31" EAST 366.28 FEET; THENCE NORTH 64'41'03" EAST 289.72 FEET; THENCE NORTH 81°43'13" EAST 64.95 FEET; THENCE, LEAVING SAID RIGHT OF WAY SOUTH 08'16'47" EAST 331.36 FEET; THENCE SOUTH 81'14'35" WEST 746.65 FEET TO THE POINT OF BEGINNING. The Real Property or its address is commonly known as 4280 COUNTY ROAD 331, SILT, CO 81652-9608. CROSS -COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of either Grantor or Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower and Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Grantor may be liable Individually or Jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Grantor presently assigns to Lender (also known as Beneficiary In this Deed of Trust) all of Grantor's right, title, and Interest In and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security Interest In the Personal Properly and Rents, THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST iN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR'S REPRESENTATIONS AND WARRANTIES, Grantor warrants that: (a) this Deed of Trust is executed at Borrower's request and not at the request of Lender, (b) Grantor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do not conflict with, or result In a default under any agreement or other instrument binding upon Grantor and do not result in a violation of any law, regulation, court decree or order applicable to Grantor; (d) Grantor has established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to Grantor about Borrower (including without limitation the creditworthiness of Borrower). GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "ane action" or "anti -deficiency" law, or any other law which may prevent Lender from banging any action against Grantor, including a claim for defiGency to the extent Lender is otherwise en 1lled to a claim for deficiency, before or after Lenders commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale. PAYMENT AND PERFORMANCE. Except as otherwise provided In this Deed of Trust. Borrower and Grantor shall pay to Lender all Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Grantor shall strictly perform all their respective obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Granter's possession and DEED OF TRUST Loan No; 4160544209 (Continued) Page 2 use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain In possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property In good condition and promptly perform all repairs, replacements, and maintenance necessary to preserve Its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantors ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender In writing, (a) any breach or violation or any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender In writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, slate, and local laws, regulations and ordinances, Including without limitation all Environmental Laws. Grantor authorizes Lender and Its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in Investigating the Properly for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for Indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to Indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or Indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the some was or should have been known to Grantor. The provisions of this section of the Deed of Trust, including the obligation to Indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest In the Property, whether by foreclosure or otherwise, Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lenders prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable limes to attend to Lender's Interests and to Inspect the Real Property for purposes of Grantors compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, Including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lenders Interests In the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lenders interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to [hose acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lenders option, declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, without Lenders prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer' means the conveyance of Real Property or any right, title or interest in the Real Property: whether legal, beneficial or equitable; whether voluntary or Involuntary; whether by outright sale, deed, Installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease -option contract, or by sale, assignment, or transfer of any beneficial Interest In or to any land trust holding title to the Real Property, or by any other method of conveyance of an Interest In the Real Property. However, this option shall not be exercised by Lender if such exercise Is prohibited by federal law or by Colorado law. TAXES AND LIENS. The following provisions relating to the taxes and (lens on the Properly are part of this Deed of Trust: Payment. Grantor shall pay when due (and In all events prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer), rines and Impositions levied against or on account of the Properly, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided In (his Deed of Trust. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lenders Interest in the Property is not jeopardized. If a lien arises or Is riled as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Properly. Grantor shall name Lender as an additional obligee under any surety bond furnished In the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction, Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to Insuring the Property are a part of this Deed of Trust. Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements an the Real Property In an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender, together with DEED OF TRUST Loan No: 4160544201 (Continued) Page 3 such other hazard and liability insurance as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of Insurance in form satisfactory to Lender. Including stipulations that coverages will not be cancelled or diminished without at least thirty (30) days prier written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omisslon or default of Grantor or any other person. Should the Real Property be located In an area designated by the Administrator of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss If Grantor falls to do so within fifteen (15) days of the casually. Whether or not Lenders security Is Impaired, Lender may, at Lender's election, receive and retain the proceeds of any Insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration If Grantor Is not In default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued Interest, and the remainder, If any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment In full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's Interests may appear. LENDER'S EXPENDITURES. If Grantor fails (A) to keep the Property free of all [axes, liens, security Interests, encumbrances, and other claims, (8) to provide any required insurance on the Property, or (C) to make repairs to the Property then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's Interests In the Property, then Lender on Grantor's behalf may, but Is not required to, take any action that Lender believes to be appropriate to protect Lender's interests. All expenses Incurred or paid by Lender for such purposes will then bear Interest at the rate charged under the Note from the date Incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any Installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. The rights provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title, Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title Insurance policy, title report, or final tlge opinion issued In favor of, and accepted by, Lender In connection with this Deed of Trust, and (b) Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding Is commenced that questions Grantor's title or the interest of Trustee or Lender under this Deed of Trust. Grantor shall defend the action at Grantors expense, Grantor may be the nominal party In such proceeding, but Lender shall he entitled to participate In the proceeding and to he represented in the proceeding by counsel of Lenders own choice, and Grantor will deliver, or cause to be delivered, to Lender such Instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Promises. All promises, agreements, and statements Grantor has made In this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature and shall remain in full force and effect until such time as Borrower's Indebtedness Is paid In full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shalt promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party In such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from lime to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property, The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees Incurred by Trustee or Lender in connection with the condemnation. IMPOSITION of TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents In addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred In recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific lax on Borrower which Borrower is authodzed or required to deduct from payments on the Indebtedness secured by this type of Deed Df Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (4) a specific lax on all or any portion of the Indebtedness or on payments of principal and Interest made by Borrower. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before It becomes delinquent, or (2) contests the tax as provided above In the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured pady under the Uniform Commercial Code as amended from time to 6me. DEED OF TRUST Loan No; 4160544201 (Continued) Page 4 Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest In the Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security Interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make It available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which Information concerning the security Interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust, FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney -In -fact are a part of this Deed of Trust: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, reflled, or rerecorded, as the case may be, at such times and In such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, In the sale opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Borrower's and Grantor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor, Unless prohibited by law or Lender agrees to the contrary In writing, Grantor shall reimburse Lender for all costs and expenses incurred In connection with the matters referred to in this paragraph. Attorney -in -Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Granter's expense. For such purposes, Grantor hereby Irrevocably appoints Lender as Grantor's altomay-In-fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may he necessary or desirable, In Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. Upon the full performance of all the obligations under the Note and this Deed of Trust, Trustee may, upon production of documents and fees as required under applicable law, release this Deed of Trust, and such release shall constitute a release of the lien for all such additional sums and expenditures made pursuant to this Deed of Trust. Lender agrees to cooperate with Grantor in obtaining such release and releasing the other collateral securing the Indebtedness. Any release fees required by law shall be paid by Grantor, if permitted by applicable law. EVENTS OF DEFAULT. At Lender's option, Grantor will he In default under this Deed of Trust if any of the following happen: Payment Default. Borrower falls to make any payment when due under the Indebtedness. Break Other Promises. Borrower or Grantor breaks any promise made to Lender or falls to perform promptly at the time and strictly In the manner provided in this Deed of Trust or in any agreement related to this Deed of Trust. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or In any or the Related Documents. Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. False Statements. Any representation or statement made or furnished to Lender by Borrower or Grantor or on Borrower's or Grantor's behalf under this Deed of Trust or the Related Documents Is false or misleading In any material respect, either now or at the lime made or furnished. Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security Interest or lien) at any time and for any reason. Death or Insolvency. The death of Borrower or Grantor, the Insolvency of Borrower or Grantor, the appointment of a receiver for any part of Borrowers or Grantors property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Grantor. Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Borrower's or Grantor's properly in which Lender has a lien. This includes laking of, garnishing of or levying on Borrower's or Grantor's accounts with Lender. However, If Borrower or Grantor disputes in good faith whether the claim on which the taking of the Property is based Is valid or reasonable, and if Borrower or Grantor gives Lender written notice of the claim and furnishes Lender with montes or a surety bond satisfactory to Lender to satisfy, the claim, then this default provision will not apply. Breach of Other Agreement. Any breach by Borrower or Grantor under the terms of any other agreement between Borrower or Grantor and Lender that Is not remedied within any grace period provided therein, including without limltallon any agreement concerning any Indebtedness or other obligation of Borrower or Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surely, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes Incompetent, or revokes or disputes the validity of, or [)ability under, any Guaranty of the Indebtedness. Insecurity. Lender In good faith believes Itself Insecure. RIGHTS AND REMEDIES ON DEFAULT. Subject to any applicable notice and cure provisions under Colorado law, if an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies: Election of Remadles. All of Lenders rights and remedies will be cumulative and may be exercised alone or together. An election by Lender to choose any one remedy will not bar Lender from using any other remedy. If Lender decides to spend money or to perform any of Grantoes obligations under this Deed of Trust, after Grantor's failure to do so, that decision by Lender will not affect Lender's right to declare Grantor In default and to exercise Lenders remedies. Accelerate Indebtedness. Lender shall have the right at Its option to declare the entire Indebtedness immediately due and payable, Including any prepayment penalty which Borrower would be required to pay. Foreclosure. Lender shall have the right to cause all or any part of the Real Property, and Personal Property, if Lender decides to proceed against it as if It were real property, to be sold by the Trustee according to the laws of the State of Colorado as respects foreclosures against real property. The Trustee shall give notice In accordance with the laws of Colorado. The Trustee shall apply the proceeds of the sale in the following order. (a) to all costs and expenses of the sale, Including but not limited to Trustee's fees, attorneys' fees, and the cost of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, If any, to the person or persons legally entitled to the excess. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. DEED OF TRUST Loan No: 4160544201 (Continued) Page 5 Collect Rents. Lender shall have the right to take possession of and manage the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor Irrevocably designates Lender as Grantor's attorney-In-fact to endorse instruments received in payment thereof In the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond If permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Receiver may be appointed by a court of competent jurisdiction upon ex parte application and without notice, notice being expressly waived. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Borrower or Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property Immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or available at law or In equity. Sale of the Property. in exercising its rights and remedies, Lender shall be free to designate on or before it files a notice of election and demand with the Trustee, that the Trustee sell all or any part of the Property together or separately, In one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Upon any sale of the Property, whether made under a power of sale granted in [his Deed of Trust or pursuant to Judicial proceedings, If the holder of the Note Is a purchaser at such sale, It shall be entitled to use and apply all, or any portion of, the Indebtedness for or in settlement or payment of all, or any portion of, the purchase price of the Property purchased, and, In such case, this Deed of Trust, [be Note, and any documents evidencing expenditures secured by this Deed of Trust shall be presented to the person conducting the sale in order that the amount of Indebtedness so used or applied may be credited thereon as having been paid. Attorneys' Fees; Expenses. If Lender forecloses or Institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action Is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of Its rights shall become a part of the Indebtedness payable on demand and shall bear Interest at the Note rale from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or Injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (Including foreclosure reports), surveyors' reports, and appraisal fees, title Insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, In addition to all other sums provided by law. Rights of Trustee. To the extent permitted by applicable law, Trustee shall have all of the rights and duties of Lender as set forth in this section. NOTICES. Any notice required to be given under this Deed or Trust, including without limitation any notice of default and any notice of sale shall be given In writing, and shall be effective when actually delivered, when actually received by lelefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited In the United States mall, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving formal written notice to the other person or persons, specifying that the purpose of the notice Is to change the person's address. For notice purposes, Grantor agrees to keep Lender informed at all limes of Grantor's current address. Unless otherwise provided or required by law, If there Is more than one Grantor, any notice given by Lender to any Grantor Is deemed to be notice given to all Grantors, It will be Grantor's responsibility to tell the others of the notice from Lender. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. What Is written In this Deed of Trust and In the Related Documents is Grantor's entire agreement with Lender concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to this Deed of Trust must be in writing and must be signed by whoever will be bound or obligated by the change or amendment. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to Interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the taws of the State of Colorado without regard to Its conflicts of law provisions. This Deed of Trust has been accepted by Lender In the State of Colorado. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts or Garfield County, Slate of Colorado. Joint and Several Liability. All obligations of Borrower and Grantor under this Deed of Trust shall be joint and several, and all references to Grantor shall mean each and every Grantor, and all references to Borrower shall mean each and every Borrower. This means that each Grantor signing below Is responsible for all obligations in this Deed of Trust. No Waiver by Lender. Grantor understands Lender will not give up any of Lenders rights under this Deed of Trust unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender does agree in writing to give up one of Lenders rights, that does not mean Grantor will not have to comply with the other provisions of this Deed of Trust. Grantor also understands that if Lender does consent to a request, that does not mean that Grantor will not have to get Lender's consent again if the situation happens again. Grantor further understands that just because Lender consents to one or more of Grantors requests, that does not mean Lender will be required to consent to any of Grantors future requests. Grantor waives presentment, demand for payment, protest, and notice of dishonor. In the event Lender institutes legal process to obtain possession of the Properly and to the extent permitted by law, Grantor hereby knowingly and voluntarily waives any right to a hearing prior to a court order granting Lender the right to lake possession of the Property. Grantor waives all rights of exemption from execution or similar law in the Property, and Grantor agrees that the rights of Lender In the Property under this Deed of Trust are prior to Grantors rights while this Deed of Trust remains in effect. Severability. It a court finds that any provision of this Deed of Trust Is not valid or should not be enforced, that fact by Itself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the DEED OF TRUST Loan No: 4160544201 (Continued) Page 6 provisions of this Deed of Trust even if a provision of this Deed of Trust may be found to be invalid or unenforceable. Successors and Assigns. Subject to any limitations slated in this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns, If ownership of the Property becomes vested In a person other than Grantor. Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness. Time Is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial In any action, proceeding, or counterclaim brought by any party against any other party. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of (he homestead exemption laws of the Stale of Colorado as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following words shall have the following meanings when used in this Deed of Trust: Beneficiary, The word "Beneficiary" means Alpine Bank, A Colorado Banking Corporation, and its successors and assigns. Borrower. The word "Borrower" means JARAD B. ELDER and RACHAEL L. ELDER and Includes all co-signers and co -makers signing the Note and all their successors and assigns, Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation all assignment and security Interest provisions relating to the Personal Property and Rents. Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, Including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99.499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C, Section 6901, at seq., or other applicable stale or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth In this Deed of Trust in the events of default section of this Deed of Trust. Grantor. The word "Grantor" means JARAD B. ELDER. Guaranty, The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, Including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or Infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used In their very broadest sense and Include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also Includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos, Improvements. The word "Improvements" means all existing and future Improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, addlllons, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, Interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses Incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust, together with Interest on such amounts as provided In this Deed of Trust. Speclfrcally, without limitation, Indebtedness Includes all amounts that may be indirectly secured by the Cross -Collateralization provision of this Deed of Trust. Lender. The word "Lender" means Alpine Bank, A Colorado Banking Corporation, Its successors and assigns. The words "successors or assigns" mean any person or company that acquires any interest In the Nola. Note. The word "Note" means the promissory note dated August 30, 2016, in the original principal amount of $558,500.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity dale of the Note is September 6, 2021. Personal Property. The words 'Personal Property` mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and addlllons to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all Insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described In this Deed of Trust. Related Documents. The words 'Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed In connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, Income, Issues, royalties, profits, and other benefits derived from the Property, Trustee. The word "Trustee" means the Public Trustee of GARFIELD County, Colorado, GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS, DEED OF TRUST Loan No: 4160544201 (Continued) Page 7 _ INDIVIDUAL ACKNOWLEDGMENT STATE OFo (� ) A )SS COUNTY OF `1 ) On this day before me, the undersigned Notary Public, personally appeared JARAD B. ELDER, to me known to be the Individual described In and who executed the Deed of Trust, and acknowledged that he or she signed the Deed of Trust as his or her free and volunla act and deed, for the uses and purpA�,:entioned. Given n m an ar offlc al saa this nrday of 20Residldc at -Notary Public In and for the State of My commission expiresisl Originator Names and Nationwide Mortgage licensing System and Registry IDs: Organization: Alpine Bank, A Colorado Banking Corporation NMLSR ID: 414674 Individual: Shelbl Bauer NMLSR ID: 993675 PATfI DENISE REICH NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20034000490 Commission Expires AunuSt 191 901 LaserPro, Ver. 16.1.10.003 Copr. D+H USA Corporation 1997, 2016. All Rights Reserved. - CO C:ILASERPR01CFl1LPLIGoiFC TR -66155 PR -213 RECORDATION REQUESTED BY: Alpine Bank, A Colorado Banking Corporation Alpine Bank Rine 400 7th Street South Rifle, CO 81650 WHEN RECORDED MAIL TO: Alpine Bank, A Colorado Banking Corporation 400 7th Street South Rine, CO 81650 THE UNDERSIGNED HEREBY CERTIFIES THIS TO BE A TRUE & GOR ECT COPY OF THE ORIGINAL. C ' Co. SEND TAX NOTICES TO: JARAD B. ELDER 227 N. MEADOW DRIVE SILT, CO 81652.9688 FOR RECORDER'S USE ONLY DEED OF TRUST MAXIMUM PRINCIPAL AMOUNT SECURED. The Lien of this Deed of Trust shall not exceed at anyone time $558,500.00 except as allowed under applicable Colorado law. THIS DEED OF TRUST is dated August 30, 2016, among JARAD B. ELDER ("Grantor"); Alpine Bank, A Colorado Banking Corporation, whose address is Alpine Bank Rifle, 400 7th Street South, Rifle, CO 81650 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and the Public Trustee of GARFIELD County, Colorado (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Grantor hereby Irrevocably grants, transfers and assigns to Trustee for the benefit of Lender as Beneficiary all of Grantor's right, title, and interest In and to the following described real property, together with all existing or subsequently erected or affixed buildings, Improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (Including stock in utilities with ditch or irrigation rights]; and all other rights, royalties, and profits relating to the real property, Including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in GARFIELD County, State of Colorado: A TRACT OF LAND IN THE NEI/4 OF SECTION 34, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH PRINCIPAL MERIDIAN IN GARFIELD COUNTY, COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST RIGHT OF WAY LINE OF COUNTY ROAD NO. 331 (ALSO BEING A POINT ON THE NORTH/SOUTH CENTERLINE OF SECTION 34, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6TH P.M., GARFIELD COUNTY, COLORADO), WHENCE THE CENTER ONE-QUARTER CORNER OF SAID SECTION 34 BEARS SOUTH 0013'48" WEST 1677.09 FEET; THENCE NORTH 00'13'48" EAST 360.00 FEET ALONG SAID EAST RIGHT OF WAY LINE OF COUNTY ROAD NO. 331 AND SAID NORTH/SOUTH CENTERLINE OF SECTION 34; THENCE ALONG THE SOUTHERLY RIGHT OF WAY LINE OF COUNTY ROAD NO. 326 (ALSO BEING KNOWN AS CHIPPERFIELD ROAD) THE FOLLOWING THREE COURSES: SOUTH 81'53'31" EAST 366.28 FEET; THENCE NORTH 6441'03" EAST 289.72 FEET; THENCE NORTH 81°43'13" EAST 64.95 FEET; THENCE, LEAVING SAID RIGHT OF WAY SOUTH 08°16'47" EAST 331.36 FEET; THENCE SOUTH 81'14'35" WEST 746.65 FEET TO THE POINT OF BEGINNING. The Real Property or its address is commonly known as 4280 COUNTY ROAD 331, SILT, CO 81652-9608. CROSS -COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of either Grantor or Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower and Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or Indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Grantor may be liable Individually or Jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of Ilmllatlons, and whether [he obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Grantor presently assigns to Lender (also known as Beneficiary in this Deed or Trust) all or Granter's right, title, and Interest In and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security Interest In the Personal Properly and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants [hat: (a) this Deed of Trust is executed at Borrower's request and not at [he request of Lender, (b) Grantor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the Property: (c) the provisions of this Deed of Trust do not conflict with, or result In a default under any agreement or other instrument binding upon Grantor and do not result In a violation of any law, regulation, court decree or order apptcable to Grantor; (d) Grantor has established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to Grantor about Borrower (Including without limitation the creditworthiness of Borrower). GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason or any "one action' or "anti -deficiency" law, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for deficiency to the extent Lender Is otherwise entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale. PAYMENT AND PERFORMANCE. Except as otherwise provided In this Deed or Trust, Borrower and Grantor shall pay to Lender all Indebtedness secured by this Deed of Trust as it becomes duo, and Borrower and Grantor shall strictly perform all their respective obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's possession and DEED OF TRUST Loan No: 4160544201 (Continued) Page 3 such other hazard and liability insurance as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of Insurance in form satisfactory to Lender, Including stipulations that coverages will not be cancelled or diminished without at least thirty (30) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Administrator of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, If available, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss If Grantor falls to do so within fifteen (15) days of the casualty. Whether or not Lender's security Is Impaired, Lender may, at Lender's election, receive and retain the proceeds of any Insurance and apply the proceeds to the reduction of the Zebledness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration If Grantor Is not In default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantors interests may appear. LENDER'S EXPENDITURES. If Grantor falls (A) to keep the Property free of all taxes, liens, security Interests, encumbrances, and other claims, (B) to provide any required insurance on the Property, or (C) to make repairs to the Property then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's Interests In the Property, then Lender on Grantor's behalf may, but is not required to, lake any aclton that Lender believes to be appropriate to protect Lender's Interests. All expenses Incurred or paid by Lender for such purposes will then bear Interest at the rale charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any Installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term or the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. The rights provided for In this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any Ilile insurance policy, title report, or final title opinion Issued In favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender under this Deed of Trust, Grantor shall defend the action at Grantors expense. Grantor may be the nominal party In such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lenders awn choice, and Grantor will deliver, or cause to be delivered, to Lender such Instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantors use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Promises. All promises, agreements, and statements Grantor has made In this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature and shall remain in full force and effect until such time as Borrower's Indebtedness is paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceeding in condemnation Is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented In the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or, any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees Incurred by Trustee or Lender in connection with the condemnation. IMPOSITION of TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Deed of Trust and lake whatever other action is requested by Lender to perfect and continue Lender's Ilan on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses Incurred In recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. Tire following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Borrower which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a lax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (4) a specific lax on all or any portion of the Indebtedness or on payments of principal and interest made by Borrower. Subsequent Taxes. If any lax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before It becomes delinquent, or (2) contests the tax as provided above In the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surely bond or other security satisfactory to Lender, SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. DEED OF TRUST Loan No: 4160544201 (Continued) Page 5 Collect Rents. Lender shall have the right to take possession of and manage the Property and collect the Renis, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's atforneyin-fact to endorse instruments received In payment thereof In the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lenders demand shalt satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to lake possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the indebtedness. The receiver may serve without bond if permitted by law. Lenders right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Receiver may be appointed by a court of competent jurisdiction upon ex parte application and without notice, notice being expressly waived. Tenancy at Sufferance. if Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Borrower or Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property Immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or available at law or in equity. Sale of the Property. In exercising its rights and remedies, Lender shalt be free to designate on or before It files a notice of election and demand with the Trustee, that the Trustee sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Upon any sale or the Property, whether made under a power of sale granted In this Deed of Trust or pursuant to judicial proceedings, if the holder of the Note is a purchaser at such sale, it shall be entitled to use and apply all, or any portion of, the Indebtedness for or in selflement or payment of all, or any portion of, the purchase price of the Property purchased, and, In such case, this Deed of Trust, the Note, and any documents evidencing expenditures secured by this Deed of Trust shall be presented to the person conducting the sale In order that the amount of indebtedness so used or applied may be credited thereon as having been paid. Attorneys' Fees; Expenses. If Lender forecloses or Institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal, Whether or not any court action Is involved, and to the extent not prohibited by law, all reasonable expenses Lender Incurs [hat in Lenders opinion are necessary at any time for the protection of Its interest or the enforcement of Its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the dale of the expenditure until repaid. Expenses covered by this paragraph include, without Ilmilation, however subject to any limits under applicable law, Lenders attorneys' fees whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (Including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated postjudgment collection services, the cost of searching records, obtaining title reports (Including foreclosure reports), surveyors' reports, and appraisal fees, title Insurance, and fees for the Trustee, to the extent permitted by appilcable law. Grantor also will pay any court costs, In addition to all other sums provided by law. Rights of Trustee. To the extent permitted by applicable law, Trustee shall have all of the rights and duties of Lender as set forth in this section. NOTICES. Any notice required to be given under (his Deed of Trust, including without limitation any notice of default and any notice of sale shall be given In writing, and shall be effective when actually delivered, when actually received by telefacsimlle (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, If mailed, when deposited In the United Stales mall, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority over [his Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving formal written notice to the other person or persons, specifying that the purpose of the notice Is to change the person's address. For notice purposes, Grantor agrees to keep Lender Informed at all times of Grantor's current address. Unless otherwise provided or required by law, If there Is more than one Grantor, any notice given by Lender to any Grantor Is deemed to be notice given to all Grantors, It will be Grantors responsibility to tell the others of the notice from Lender. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. What Is written in this Deed of Trust and in the Related Documents is Grantor's entire agreement with Lender concerning the matters covered by this Deed of TrusL To be effective, any change or amendment to this Deed of Trust must be in writing and must be signed by whoever will be bound or obligated by the change or amendment. Caption Headings, Caption headings In this Deed of Trust are for convenience purposes only and are not to be used to Interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the Interest or estate created by this Deed of Trust with any other Interest or estate in the Properly at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Colorado without regard to its conflicts of law provisions. This Deed of Trust has been accepted by Lender In the State of Colorado, Choice of Venue. If there Is a lawsuit, Grantor agrees upon Lenders request to submit to the jurisdiction of the courts of Garfield County, State of Colorado. Joint and Several Liability, All obligations of Borrower and Grantor under this Deed of Trust shall be joint and several, and all references to Grantor shall mean each and every Grantor, and all references to Borrower shall mean each and every Borrower. This means that each Grantor signing below Is responsible for all obligations in this Deed of Trust. No Waiver by Lender. Grantor understands Lender will not give up any of Lenders rights under this Deed of Trust unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender does agree In writing to give up one of Lenders rights, that does not mean Grantor will not have to comply with the other provisions of this Deed of Trust. Grantor also understands that if Lender does consent to a request, that does not mean that Grantor will not have to get Lender's consent again If the situation happens again. Grantor further understands that just because Lender consents to one or more of Grantors requests, that does not mean Lender will be required to consent to any of Grantors future requests. Grantor waives presentment, demand for payment, protest, and notice of dishonor. In the event Lender institutes legal process to obtain possession of the Properly and to the extent permitted by law, Grantor hereby knowingly and voluntarily waives any right to a hearing prior to a court order granting Lender the right to lake possession of the Property. Grantor waives all rights of exemption from execution or similar law In the Property, and Grantor agrees that the rights of Lender In the Property under this Deed of Trust are prior to Grantors rights while this Deed of Trust remains in effect. Severablllty. If a court finds that any provision of this Deed of Trust Is not valid or should not be enforced, that fact by Itself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the DEED OF TRUST Loan No: 4160544201 (Continued) Page 7 _ INDIVIDUAL ACKNOWLEDGMENT STATE OF3 ) )SS COUNTY OF `1 ) On this day before me, the undersigned Notary Public, personally appeared JARAD B. ELDER, to me known to be the Individual described In and who executed the Deed of Trust, and acknowledged that he or she signed the Deed of Trust as his or her free and valunla act and deed, for the uses and purpose�s/Ih¢re p mentioned. at /' Give; yrn m hon ar affic�al�ea this ,V) L�l. l day of lJ p0 (( -r- , Residldgc C� QQ Notary Public In and for the Stato aF CL'O My commission expires-_ � �C Originator Names and Nationwide Mortgage Licensing System and Registry IDs: Organization: Alpino Bank, A Colorado Banking Corporation NMLSR ID: 414674 Individual: Shelbl Bauer NMLSR ID: 993675 PATTI DENISE REICH NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20084000490 ,ommission Expires August 19, 2010 LaserPro, Ver. 16.1.10.003 Copr. D+H USA Corporation 1997, 2016. All Rights Reserved, - CO C:1lA5ERPROICFIILPLIGOI.FC TR -66155 PR -213 Garfield County Land FbK&r erg Garfield County Garfield County, Colorado Garfield County Land Explorer Printed by Web User J��Uatu uiGiiuu�in s��ltm 27-a` *1-3G�SCi-C E_• IWS',—I _, 1 inch = 376 feet 1 inch = 0.07 miles L'/ E 0 0.05 0.1 0.2 Miles s Garfield County Colorado Garfield County v/ v/ v/.garfield-county.com Colorado Disclaimer This is acompilation of records as they appear in the Garfield County Offices affecting the area shown. This drawing is to be used only for We rence Purposes and the County is not responsible for any inaccuracies herein contained. © Copyright Garfield County, Colorado I All Rights Reserved Printed: 5/1/2017 at 12:22:25 PM Garfield County Assessor Data Site Jim Yellico, 109 8th Street, Suite 207, Glenwood Springs, CO, 81601 (P) 970.945.9134 1 (F) 970.945.3953 1 (E)jyellico@garfield-county.com Account Information Account: M006992 Parcel: 000000000000 Owner Name: ELDER, JARAD BRUCE Owner Address: 227 N MEADOW DRIVE, RIFLE, CO, 816508754 Property Address: 66 CHIPPERFIELD LN, SILT Legal: MBL HOME TITLE: 24E536846 SERIAL: 050189606160AB YEAR: 2001 MAKE: CHAMPION SIZE: 28 X 52 SPACE: 0 2179- Year Land Actual 341-00-404 Tax Area: 023 Subdivision: 51,200 Sales Information Date Deed Type Doc Number Grantor Grantee Amount 02/01/2005 TTL 25,000 Taxable Values History Year Land Actual Imp Actual Total Actual Land Assessed Imp Assessed Total Assessed 2016 51,200 51,200 4,080 4,080 2015 51,200 51,200 4,080 4,080 Garfield County Assessor Data Site Jim Yellico, 109 8th Street, Suite 207, Glenwood Springs, CO, 81601 (P) 970.945.9134 1 (F) 970.945.3953 1 (E)jyellico@garfield-county.com Property Details Model Attribute Name Attribute Value MOBILE 0 ABSTRACT—CODE MANUFACTURED HOUSING - IMPRVMT UNITS 1 BUILDING—TYPE MANUFACTURED - HUD ACT—YEAR—BLT 2001 HEATEDAREA 1404 NEIGHBORHOOD 0 ARCH—STYLE 28 WIDE BATHS 2 BEDROOMS 3 FRAME WOOD AIRCOND ROOFTOP AREA UNITS 1 EXTERIOR—WALL VINYL HEATING—FUEL PROP/BUTAN HEATING—TYPE FORCED AIR ROOF COVER COMP SHNG ROOMS 5 XFOB 0 BUILDING—NO 1 ABSTRACT—CODE MANUFCTRD.HOUSING-IMPRVMT ACT—YEAR—BLT 2001 XFOB CODE ARCH RIB QUONSET (AVG) NEIGHBORHOOD AREA UNITS 0 Property Images :s? L JIM W, nor I Garfield County Treasurer Statement Of Taxes Due Account Number R0?;726 Parcel 217934100404 Acres 5.00 Assessed To ELDER, JARAD B 237 N MEADOW DRIVE RIFLE, CO 81650-8754 Legal 17escription Situs Address Section: 34"rownship:6 Range: 92 TR IN WI/2NE 004280331 COUNTY RD,4280 DRY HOLLOW RD Year Tae Interest Fees Payments Balance 2016 5962.04 S9.62 50.00 50.00 5971.66 Total Tax Charge S971.66 Grand Total Due as of 05/02/2017 $971.66 Tax Billed at 2016 Rates for Tax Area 023 - 2HD-SF - 023 Authority Mill Levy Amount GARFIELD COUNTY 10.1550000 S193.66 GARFIELD COUNTY - SOCIAL SE 1.0000000 $19.07 GARFIELD COUNTY - CAPITAL E 1.8500000 535.28 GA RFIELDCOUNTY- RFTIREMEN 0.6-500000 512.40 COLORADO RIVER FIRE PROTECT 6.1020000 SI 16.36 COLO RIVER WATER CONS 0 2530000 S4.82 WEST DIVIDE WATER CON 0.0390000 50.74 GRAND RIVER HOSPITAL 4.7490000- 590.56 SCHOOL DIST RE -2 GENERAL FU =4.7140000 589.90 SCHOOL DIST RE -2 - BOND 9.2480000 S176.36 COLORADO MTN COLLEGE 3.9970000 576.22 GRAND RIVER HOSPITAL- BOND 0.8480000 S16.17 GARFIELD COl1NTY PUBLIC L1131Z 1.00)0000 S19.07 SCHOOL DISTRE-2- MILL LEV 5.5430000 S111.43 Taxes Billed 2016 50.448(X)00 5963.04 * Credit Levy Values Actual SINGLEFANLRES.-LAND 589.000 SINGLE FAM.RES- S150,690 IMPROVEMTS Total Assessed 57.080 $11.990 S239.690 519,070 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - SEPTEMBER 1, 2016, REAL PROPERTY - SEPTEMBER 1, 2016. TAX SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. Garfield County Treasurer P.O. Box 1069 Glenwood Springs, CO 81602-1069 (970) 945-6382 Garfield Receipt _ Account Parcel Number Receipt Date R023726 217934100404 May 26, 2016 ELDER, JARAD B 4280 COUNTY ROAD 331 SILT, CO 81652 Situs Address 004280 331 COIJNTY RD,4280 DRY HOLLOW RD Legal Description Section: 34 To«>nship: 6 Ramie: 92 TR IN W Il2NE Property Code SINGLE FAM.RES.-LAND- 1 1 12 SINGLE FAM.RES-IMPROVEMI'S - 1212 Payments Received Direct Deposit Bank Account 1005 Payments Applied Receipt Number 2016-05-26- NIA S S PLAIT -000036 Payor WELLS FARGO REAL ESTATE TAX SERVICE, LLC ATT: FINANCIAL SUPPORT UNIT - REGION � I HOME CAMPUS NIAC 12301-02C DES NIOINES, IA 50328-0001 Actual Assessed Year Area Mill Levy 89,000 7,080 2015 023 46.178 150,690 11.990 2015 023 46.178 Multi -Account Payment Year Charges Billed Prior Payments New Payments Balance 2015 Tax $880.60 $4,40.30 $440.30 $0.00 $440.30 $0.00 Balance Due as of May 26, 2016 $0.00 ALL CHECKS ARE SUBJECT t -O FINAL COLLECTION. Thank you for your payment". Garfield County "Treasurer 109 8th Street, Suite 204 GleuNvood Springs, Colorado 81601 970-945-6382 wNN,v%%oartield-couuty coul Garfield County Assessor Data Site Jim Yellico, 109 8th Street, Suite 207, Glenwood Springs, CO, 81601 (P) 970.945.9134 1 (F) 970.945.3953 1 (E)jyellico@garfield-county.com Account Information Account: R023726 Parcel: 217934100404 Owner Name: ELDER, JARAD B Owner Address: 227 N MEADOW DRIVE, RIFLE, CO, 816508754 Property Address: 4280 331 COUNTY RD, SILT Legal: Section: 34 Township: 6 Range: 92 TR IN W1/2NE Tax Area: 023 Subdivision: Sales Information Date Deed Type Doc Number Grantor Grantee Amount 02/11/2005 WD 668730 ENGELHARDT, DEBRA K. ELDER, JARAD B 225,000 10/15/1993 WD 110,000 Taxable Values History Year Land Actual Imp Actual Total Actual Land Assessed Imp Assessed Total Assessed 2016 89,000 150,690 239,690 7,080 11,990 19,070 2015 89,000 150,690 239,690 7,080 11,990 19,070 Property Details Model Attribute Name LAND 0 ABSTRACT—CODE AREA—ACRES AREA_SQFT NEIGHBORHOOD Attribute Value SINGLE FAM.RES.-LAND 5 0 Garfield County Assessor Data Site Jim Yellico, 109 8th Street, Suite 207, Glenwood Springs, CO, 81601 (P) 970.945.9134 1 (F) 970.945.3953 1 (E) jyellico@garfield-county.com Model Attribute Name Attribute Value RESI 0 XFOB 0 XFOB1 XFOB 2 ABSTRACT—CODE SINGLE FAM.RES-IMPROVEMTS UNITS 1 BUILDING—TYPE SFR ACT—YEAR—BLT 1981 BASEMENTAREA 0 FINBSMTAREA 0 HEATEDAREA 1152 ARCH—STYLE MODULAR - UBC/IRC/IBC BATHS 1.75 BEDROOMS 1 AREA—UNITS 1 ROOMS 5 NEIGHBORHOOD FRAME WOOD FRAME AIRCOND NONE HEATING FUEL ELECTRIC HEATING—TYPE ELEC BS BD ROOF—COVER COMP SHNGL ROOF_STRUCTUR GABLE STORIES 1 BUILDING—NO 1 ABSTRACT—CODE SINGLE FAM.RES-IMPROVEMTS ACT—YEAR—BLT 1988 XFOB CODE ENC PORCH 251+ SF NEIGHBORHOOD AREA UNITS 0 BUILDING—NO 1 ABSTRACT—CODE SINGLE FAM.RES-IMPROVEMTS ACT—YEAR—BLT 1995 NEIGHBORHOOD XFOB—CODE BALCONY 251+ SF AREA UNITS 0 ABSTRACT—CODE SINGLE FAM.RES-IMPROVEMTS BUILDING—NO 1 ACT—YEAR—BLT 1988 NEIGHBORHOOD XFOB—CODE GARAGE 400-576 SF AREA UNITS 0 Garfield County Assessor Data Site Jim Yellico, 109 8th Street, Suite 207, Glenwood Springs, CO, 81601 (P) 970.945.9134 1 (F) 970.945.3953 1 (E) jyellico@garfield-county.com Model Attribute Name Attribute Value XFOB 3 ABSTRACT—CODE SINGLE FAM.RES-IMPROVEMTS BUILDING—NO 1 ACT—YEAR—BLT 1999 XFOB CODE GARAGE 1152+ SF NEIGHBORHOOD AREA UNITS 0 XFOB 4 ABSTRACT—CODE SINGLE FAM.RES-IMPROVEMTS BUILDING—NO 1 ACT—YEAR—BLT 1981 NEIGHBORHOOD XFOB—CODE SOLARIUM 251+ SF AREA UNITS 0 Property Images Account Number M006992 Petrel 000000000000 Acres 0.00 Assessed To ELDER, JAIZA13 BRUCE 227 N MEADOW DRIVE RIFLE, CO 81650-8754 Legal Description Situs Address MBL HONIE TITLE: 24E536846 SERIAL: 0-50189606160AB YEAR: 2001 MAKE: CHAMPION SIZE: 28 X 52 000066 CHIPPERFIELD LN SPACE: 0 2179-341-00-404 Year Tax Interest Fees Payments Balance Tax Charge 2016 5205.84 S2.06 S0.00 S0.00 $207.90 'rota] rax Charge S207.90 Grand Total Due as of 05/02/2017 $207,90 Tax Billed at 2016 Rates for Tax Arca 023 - 2ND -SF - 023 Authority GARFIELD COUNTY GARFIELD COUNTY - SOCIAL SF GARFIELD COUNTY - CAPITAL. E GARFIELD COUNTY - RETIREMEN COLORADO RIVER FIRE PROTECr COi_O RIVER WATER CONS WEST DIVIDE WATER CON GRAND RIVER HOSPITAL SCHOOL DIST RE -2 GENERAL FU SCHOOL DIST RE -2 - BOND COLORADO MTN COLLEGE GRAND RIVER HOSPITAL- BOND GARFIELD COUNTY PUBLIC LIBR SCHOOL DIST RE -2 - MILL LEV Taxes Billed 2016 x Credit Levy Mill Levy Amount 10.1550000 541.44 1.0000000 S4.08 1.8500000 57.55 0.6500000 S2.65 6.1020000 S24.90 0.2530000 51.03 0.0390000 50.16 =4.7490000= S19.38 4.7140000 S19.23 93480000 S37.73 3.9970000 S16.31 0.8480000 S3.46 1.0000000 54.08 5.8430000 S23.84 50.4480000 S205.84 Values A7ANUFCTRD.HOUSING- IMPRVM'r Total Actual 551.200 Assessed 54.080 551.200 54.080 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES -SEPTEMBER 1, 2016, REAL PROPERTY - SEPTEMBER 1, 2016. TAX SALE REDEMPTION AMOUNTS MUST BE PAID BY CASH OR CASHIERS CHECK. Garfield County Treasurer P.O. Bpx 1069 Glenwpod Springs, CO 81602-1069 (970) 945-6382 C� ,Garfield _0_wek�' W7. Receipt of Tax Payment Account Parcel Number Receipt Date Receipt Number M006992 000000000000 Feb 29, 2016 2016-02-29-97-3879 ELDER. JA11AD BRUCE 4280 CR 331 SILT, CO 81652 Situs Address Payor 000066 CHIPPERFIELD LN Legal Description N4131- HOME TITLE: 24E536846 SERIAL: OSOI89606160AB YEAR: 20QI MAKE: CHAMPION SIZE: 28 \ 52 SPACE: 0 2179-341-00-404 Property Code Actual Assessed Year Area Mill Levy MANUFCTRD.HOUSING-IiVI1312Vi\/IT- 1235 54200 4,080 2015 023 46.178 Payments Received Net Vantage $188.40 Check Number 000901 11 Payments Applied Year Charges Billed Prior Payments New Payments Balance 2015 Tax y $188.40 $0.00 $188.40 $0.00 $188.40 $0.00 Balance Due as of Feb 29, 2016 $0.00 ALL CHECKS ARE SUBJECT TO FINAL COLLECTION. Thank you for your Irtyment! Garfield Countv "Treasurer 109 8th Street, Suite 204 Glenwood Springs, Colorado 81601 970-945-6382 www.Qarfield-county.com • , •. •'pipi;pil Ill 1 r` r • �..... 1. Hoffineister, Harold P & Deanna M 0232 County Road 326, Silt, CO 81652 R023771 2. Ferguson, George W. & Judy L 4066 County Road 331 Silt, CO 81652 R023299 3. Wright, Jeffrey S & Heidi L 101 Owens Dr. Silt, CO 81652 4. Zimmerman, Michael S & Karen R 4359 County Road 331 Silt, CO 81652 R023724 5. Thompson, Brent Myers Sr & Brent Myers II 4380 County Road 331 Silt, CO 81652 R023772 Jarad Elder is the only owner of Mineral Rights pertaining to the subject property. Bill Barrett Corporation Division Orders are included as part of the Application Materials. Existing dwelling — 4280 County Road 331 ADU- 66 Chipperfield Lane, County Road 326 Bill Barrett Corporation Dear Interest Owner, Enclosed are duplicate original Division Orders covering your interest in the referenced property. 1. Please sign exactly as shown on the Division Order. If your name has changed due to marriage or divorce, execute the Division Order using your present name and furnish a copy of the marriage certificate or divorce decree. 2. If signing for a corporation, signature must be attested; corporate seal fixed and title of signatory party reflected. If signed by agent, attorney-in-fact, guardian or any party other than the named interest owner, two witnesses must execute the document where indicated. Please provide a certified copy of the power of attorney or other evidence of such party's right to sign. 3. Division Orders for partnerships must be executed by all partners or by an authorized partner. A certified copy of the instrument giving said partner's authority to sign must be furnished. 4. Federal Law requires that you include the proper Social Security Number or Tax Identification Number, whichever applies, in the space provided. Should you fail to provide the correct Social Security or Tax Identification Number, the law provides that we withhold 28% of all production proceeds due. You may also be subject to a further penalty levied by the IRS. 5. If form W-9, Request for Taxpayer Identification Number and Certification, has been included, please complete applicable information, sign and return. 6. If the address shown on our Division Order is incorrect, please insert the correct address to ensure prompt receipt of production proceeds. (Please print or type and do not abbreviate.) After executing the enclosed Division Orders, please return one copy in the enclosed envelope provided for your convenience, along with a completed W-9 form, if one was provided. Retain the second copy for your records. PLEASE NOTE that BBC is now offering direct deposit of your revenue checks into your bank account. If you are interested in participating in this program, complete the enclosed BBC ACH Program Add/Change Form and return it with a void check in the enclosed envelope. If you have any questions or concerns regarding direct deposit, contact the BBC Owner Hotline at (303) 312-8579. If you have any questions or require additional information, please contact the undersigned at 303-312-8787 or via email at Irutherford@billbarrettcorp.com. Sincerely, Lisa Rutherford Division Order Assistant 1099 18th Street Suite 2300 DENVER, CO 80202 USA T 303.293.9100 F 303.291.0420 www.BILLBARRETTCORP.com To: BILL BARRETT CORPORATION 1099 18'h Street, Suite 2300 Denver, Colorado 80202 Operator: Property# and Name: Description : County and State: Bi11 Barrett Corporation See Exhibit "A" See Exhibit "A" GARFIELD, CO Production: Oil Gas X Both Owner Number: 23714 Owner Name: JARAD B ELDER 4280 COUNTY RD 331 SILT, CO 81652 NADOA Model Form.Division Order (Adopted 9/95) Date: May 2, 2014 Effective Date: See Exhibit "A" Type of Interest: See Exhibit "A" Decimal Interest: See Exhibit "A" The undersigned certifies the ownership of the decimal interest in production or proceeds as described above payable by Bill Barrett Corporation. Bill Barrett Corporation shall be notified, in writing, of any change in ownership, decimal interest, or payment address. All such changes shall be effective the first day of the month following receipt of such notice. Bill Barrett Corporation is authorized to withhold payment pending resolution of a title dispute or adverse claim asserted regarding the interest in production claimed herein by the undersigned. The undersigned agrees to indemnify and reimburse Bill Barrett Corporation any amount attributable to an interest to which the undersigned is not entitled. Bill Barrett Corporation may accrue proceeds until the total amount equals fifty dollars ($50.00), or pay annually, whichever occurs first, or as required by applicable state statute. This Division Order does not amend any lease or operating agreement between the undersigned and the lessee or operator or any other contracts for the purchase of oil or gas. In addition to the terms and conditions of this Division Order, the undersigned and Bill Barrett Corporation may have certain statutory rights under the laws of the state in whihe property is located. Owner(s) Signature(s): Owner(s) Tax I.D. Number(s): Owner Daytime Telephone #: Owner FAX #: B ELDER (Date) 12-1-11 1^ Federal Law requires you to furnish your Social Security or Taxpayer Identification Number. Failure to comply will result in 28% tax withholding and will -not be refunded by Bill Barrett Corporation, PLEASE EXECUTE AND RETURN TO BILL BA.RRETT CORPORATION SS/LR ui ui X ul T -i QY Lr) Lf) LO Lr) Lr) Lmr) LI) Lr) C) 0 0 0 0 0 0 0 x;00000000 —0 0 0 0 0 0,0 0 -M00000000 -iE0 0 0 0 0 0 0 0 al 6 6 6 6 6 0 6 6 d. :CL N= — CL — CC, — — — — — oC ru, 0 0 0 0 0 0 0 0 T -i H r -I H H r -i H r -I r -i r -f r -i H r -i r -i -i LM 1-0 uj LU LU LU LU LU Uj' Uj Z Z Z Z Z Z Z ro rn ro cy) ro (y) ro ry) U u u u u u u u V) V) V) V) Ul) V) V) Ln N CN rq N N (N Q1 0) 0) M A cc =1 44 Ln (n V) cis I Ln 1 Ln 1 Ln .0- tD CD LD LD (b lD Co lD u Qi r -I r4 W cn LD 0) LD M W I'D W Q0 I'D inC) co CL m mro ro z ro. m < < < w LU w LU M z==Z Z Z Z 0 0 0 0 :D Z) D D F-- I-- 'E- 0 0 U) (n V) 0 0 Ln ro Ln w r� co a) o 0) 0) 0) 0) 0) 0) 0) C mmmmmmCD T -i To: BILL BARRETT CORPORATION 1099 180' Street, Suite 2300 Denver, Colorado 80202 Operator: Bill Barrett Corporation Property# and Name: See Exhibit "A" . Description : See Exhibit "A" County and State: GARFIELD, CO Production: _ Oil _ Gas X Both Owner Number: 23714 Owner Name: .IARAD B ELDER 4280 COUNTY RD 331 SILT, CO 81652 NADOA Model Form Division Order (Adopted 9/95) Date: May 2, 2014 Effective Date: See Exhibit "A" Type of Interest: See Exhibit "A" Decimal Interest: See Exhibit "A" The undersigned certifies the ownership of the decimal interest in production or proceeds as described above payable by Bill Barrett Corporation. Bill Barrett Corporation shall be notified, in writing, of any change in ownership, decimal interest, or payment address. All such changes shall be effective the first day of the month following receipt of such notice. Bill Barrett Corporation is authorized to withhold payment pending resolution of a title dispute or adverse claim asserted regarding the interest in- production claimed herein by the undersigned. The undersigned agrees to indemnify and reimburse Bill Barrett Corporation any amount attributable to an interest to which the undersigned is not entitled. Bill Barrett Corporation may accrue proceeds until the total amount equals fifty dollars ($50.00), or pay annually, whichever occurs first, or as required by applicable state statute. This Division Order does not amend any lease or operating agreement between the undersigned and the lessee or operator or any other contracts for the purchase of oil or gas. In addition to the terms and conditions of this Division Order, the undersigned and Bill Barrett Corporation may have certain statutory rights under the laws of the state in w ' h the property is located. Ownar(s) Signature(s): 7- �f - (Date) ARAD B ELDER Owner(s) Tax I.D. Number(s): ' Owner Daytime Telephone #: Owner FAX #: Federal Law requires you to furnish your Social Security or Taxpayer Identification Number. Failure to comply will result in 28% tax withholding and will not be refunded by Bill Barrett Corporation. SS/LR O ca 0 O 0 U O a r- 4- 0 0 u 0 4= (D 0 CL L- 0 U N +1 4- CU U O co 0 41 _0 U 4- Clj 4- -0 Ln aj m 0- m GJ Q) M W E O> 0 U 0 4- -a 0 N u 4- M 4� U < -0 IV m 0 r -I w; Ln Ln Ln Ln LO Ln Lr) Lr) 3- C) 0 0 0 0 0 0 0 4(1)c:)Oo00000 0 C) 0- (D' 0 0 0 0 0 0 C) 0 0 o o o E:. 0 0 0 0 0 0 0 c) -a' 6 6 6 6 C; - Z: CU; 'ru 0 0 0 0 0 0 0 0 < < O UJ UJ UJ UJ UJ W UJ UJ -- --zzzzzzzz y. ro ro m co ro ro m m -UUUUUUUU (n to V) Lo 0) a) M 0) 0) 0) 0) m OF 'f 'f 'f OF 5 Lh (h Lh V) Lh V) ul Lh lD kD lo tD uD CD tD Lo Ln: tD W LO lD 0) (n 0) 0) ro m M H m ca m ro It d N rq N .zzzz ro LU LU LU LU m z z z z F F 0 0 O' 0 E 0 0 0 C) N Lo Ln Ln 0 Md mwr` Como M �0) 0) 0) 0) a) 0) 0 Ln Ln Ln Ln V) In U) �D m. N N r4 N N " " N H rH H � r -i r -i r -i r -i r -I Bili Garrett Corporation BILL BARRETT (CORPORATION ACH PROGRAM (AiDD/CffANGE FOR" Y r E'.` �E,z." ?+,*+ f=.d��, f h ti�iVQ L VIS C{i•,�' 1V�11� lD ® [�1 � 1���1\Q�����V��1(� ©�J�tn � t�"`17C 13 �X� Y . tit 'j ;c"`�"{ � NAME: (LAST) (FIRST) (MIDDLE INITIAL) FIRST LINE ADDRESS SECOND LINE ADDRESS CITY, STATE, ZIP 23714. HOME TELEPHONE NO. PAYEE#. CELL PHONE NO. OFFICE TELEPHONE NO. SELECT OPTION FOR REVENUE CHECK DETAIL, DELIVERY Option 1: Email me my check detail-- E-MAIL ADDRESS. Option 2: Access check detail via wwwjibliiik.com. Preferred .Metl od' Contact JIBLink at 883-573-3364 to obtain a unique JIBLin1c user name and password. ` - -.�� .�_ '� `�����,�,t!����'a`�(1r����f� �.� •"� o . ,».��t ©�?`��,�� '{_..tom. _���. ��. v�.. `, NEW .ENROLLYIENT CHANGE Or PREVIOUS ENROLLMENT Please provide the following information and attach a voided cheek. Bank Name: ABA Routing Number: (FIRST NINE DIGITS IN LOWER LEFT CORNER Or YOUR CAECK) Account Name: Account Type CHECKING SAVINGS OTBER Account-Number: v 0, Please process the above address change/ACH-enrollment information effective immediately. For ACH information, I confirm that I am a registered owner of the account-referenced above. SIGNATIIRE: " D E. E:��� F D' j�, 'tl aQ E ® D F � �'Y.Eii�._���r-. - .P4 ������`�'�"4 ��'.'� a `M1: '4'• BiII.Barrett Corporation ACHProgram Attn: Revenue Department 1099 18th Street, Suite 2300 Denver, CO 80202 ACH Hotline Number: (303),312-8579 Print Window Page 1 of 1 AE X subject: Re: Holy Cross Energy Verification power is at existing addresses From: mistybgarcia@yahoo.com To: dgoad@holycross.com Date: Mondays May 01, 2017 04:32:13 PM Thank you! Misty B. Briscoe -Garcia, P.C. Attorney at Law P.O. Box 1134 Rifle, CO 81650 mbgsolopc.com Integrated Mountain Properties Broker Associate PO Box 908 1001 Grand Ave, Suite 201 Glenwood Springs, CO 81602 970.230.0359 .......................... mistvbgarc!a(® ahoo.com ............................................ ......... CONFIDENTIALITY NOTICE: This message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message. On May 1, 2017, at 3:52 PM, Debbie Goad <dgoad0holvcross.com> wrote: 05/01/17 To whom this may concern there is electric power already existing at 4280 County road 331 and 0066 Chipperfield Lane Thankyou Debbie Goad Member Service Representative d g oad Cath olycro ss. com (970)945-5491 Ext. 5502 <image001.jpg> "Holy Cross Energy is committed to providing its members with the best possible services at a reasonable and competitive cost consistent with sound business and environmental practices." https://mg.mail.yahoo.com/d/search/lceyword%3Dgold%2520star 5/1/2017 I zmqpqmwlr. V- -"-- -A too - - k-4 mayy June 26, 2017 RE: COMPLETENESS REVIEW ELDER MINOR SUBDIVISON MISA 05-17-8535 Requested Items: 1. Life Estate- Please find the documents attached, Settlement Statement and Waiver and Quit Claim Deed executed in December 2013 and a death notice in the Post Independent stating Vera Grant was predeceased by her husband Kenneth Grant. The premise of a life estate is that the right only exists while the person is alive or until they do something to forfeit that right. Once Kenneth died his life estate terminated and Vera Grant vacated the property and moved to a place she could be cared for. The life estate documents were executed at that point. Kenneth Grant no longer had a life estate because he no -lunger had life. 2. Deed and Title Commitment- Please see attached from Stewart Title. 3. Mineral Owner Notification- Please see below an explanation and attachment. 4. Colorado Geological Survey Submittal Form- Please find a copy of the check requested attached and the actual check submitted with this document. The Submittal Form was part of the requirements, to my understanding, however given the nature of this very small subdivision and the fact that literally the only change that is taking place is drawing legal boundary lines splitting the property, I suggest a variance be granted in order to avoid any undue burden or further expense to any party. S. Article 7 -107(F) -See below explanation. 6. Article 7-204 Topographic Map- See the attached requested maps. 7. Article 7-203 Protection of Waterbodies- See attached proposed plat; my apologies I submitted the incorrect version previously. The pond is not split by a property line. The pond will be located on the parcel that will be approximately 2.999 acres and houses the dwelling with the address 4280 County Road 331. 8. Article 7-203 Protection of Waterbodies/ 35 foot setback- See below explanation. Also Included; 1. Syracuse Drilling and Pump Co- A copy of the 4 -hour pump test completed September 6, 2011 2. The original septic permit from the dwelling prior to the ADU (1981) 3. A water quality test conducted by Culligan on 6/9/2017 Explanations ARTICLE 7-107(F) - In general this is very small subdivision, basically consisting of drawing the imaginary legal boundary lines between the dwelling and the ADU to complete the split of the 5 acres. There are no changes to the Roadways at all. Access to Roadways 1. Circulation and Alignment- This is a very small subdivision, consisting of two (2) dwellings. Both dwellings are in existence and have been in existence. The driveways are the only "roads" and they have also been in existence and were constructed in accordance with the County standards at such time. The main dwelling is accessed via County Road 331 and the ADU is accessed via Chipperfield Lane. The access in place is the most logical and ideal. 2. Intersections- This is a very small subdivision, consisting of two (2) dwellings. Both dwellings are in existence and have been in existence. The driveways are the only "roads" and they have also been in existence and were constructed in accordance with the County standards at such time. The main dwelling is accessed via County Road 331 and the ADU is accessed via Chipperfield Lane. No more than two (2) streets intersect. The only true intersection related to the property is the intersection of County Road 331 and Chipperfield Lane. The accesses to both the dwelling and the ADU are via apron from the respective main roads. 3. Street Names -There will be no new street names. Street names are in existence; County Road 331 and Chipperfield Lane. 4. Congestion and Safety -The road system exists, there is no new roads being constructed. All roads and aprons to the dwelling and ADU are in existence and were constructed and approved when the dwelling and the ADU were approved by the county. 5. Continuation of Roads and Dead -End Roads- This is a very small subdivision, consisting of two (2) dwellings. Both dwellings are in existence and have been in existence. The driveways are the only "roads" and they have also been in existence and were constructed in accordance with the County standards at such time. The main dwelling is accessed via County Road 331 and the ADU is accessed via Chipperfield Lane. The only true intersection related to the property is the intersection of County Road 331 and Chipperfield Lane. The accesses to both the dwelling and the ADU are via apron from the respective main roads. The dwelling and ADU are situated and do not impede traffic movement, effective fire protection or provision of utilities. All access is logically situated respectively via County Road 331 and Chipperfield Lane. Neither piece of property is undeveloped and no dead-end streets exist or will be required. 6. Relationship to Topography -All designated streets (County Road 331 and Chipperfield Lane) were designed prior per the County. There are no new proposed roads and therefore there will be no change to the topography, creeks, wooded areas or any other natural features. 7. Erosion and Drainage- All designated streets (County Road 331 and Chipperfield Lane) were designed prior per the County. There are no new proposed roads and therefore no changes to the road system or change to the erosion and drainage structure in place, as well as no need for future systems to be put in place. 8. Commercial and Industrial- This is a rural residential property. There are no existing commercial or industrial developments. The existing dwelling and ADU will split a five (5) acre total parcel and therefore there will be no future development of that type. 9. Emergency Access and Egress- The roads designated as County Road 331 and Chipperfield Lane provide access to both the dwelling and the ADU and per my conversation earlier referenced with Orin Moon, he does not foresee any issue in the future nor does he take issue with the current emergency access and egress. 10. Traffic Control Street Lighting- No traffic control and street lighting will be required as this is very small subdivision, consisting of two (2) dwellings. Both dwellings are in existence and have been in existence. The driveways are the only "roads" and they have also been in existence and were constructed in accordance with the County standards at such time. The main dwelling is accessed via County Road 331 and the ADU is accessed via Chipperfield Lane. There is a stop sign at the intersection of County Road 331 and Chipperfield Lane and there is street lighting in place on the County Road. 11. Drainage Structures- No additional drainage structures will be required as this is very small subdivision, consisting of two (2) dwellings. Both dwellings are in existence and have been in existence. The driveways are the only "roads" and they have also been in existence and were constructed in accordance with the County standards at such time. The main dwelling is accessed via County Road 331 and the ADU is accessed via Chipperfield Lane. a. Roadway drainage structures are already in place for the driveways to the dwelling and the ADU; no additional roadway structures are proposed to complete the subdivision. b. Culverts already exist where the dwelling at 4280 County Road 331 meets the County Road and also where the ADU located at 66 Chipperfield Lane meets Chipperfield Lane. 12. Roadside Ditches- No additional roadside ditches will be required as this is very small subdivision, consisting of two (2) dwellings. The county just recently cleaned the roadside ditches to allow flow through the culverts effectively. Both dwellings are in existence and have been in existence. The driveways are the only "roads" and they have also been in existence and were constructed in accordance with the County standards at such time. The main dwelling is accessed via County Road 331 and the ADU is accessed via Chipperfield Lane. ARTICLE 7-203 PROTECTION OF WATER BODIES- In general this is very small subdivision, basically consisting of drawing the imaginary legal boundary lines between the dwelling and the ADU to complete the split of the 5 acres. There are no changes to the Roadways at all. A. Minimum Setback 1. A setback of 35 measured horizontally from the Typical and Ordinary High Water Mark- According to the "preliminary plat" the only structure that encroaches on the 35 foot setback rule is the metal shop. It is approximately 21 feet from the edge of the bank of the pond at the closest measurement. This bank is expansive and does not reflect the high-water mark. This "pond" is part of an augmentation plan and the water level remains moderately low. The space between the edge of the pond and the metal building is a embankment or hillside essentially. The waterbody is and will be protected as no physical changes are proposed from the existing. 2. This is not the case of an entrenched or incised stream; this is an augmentation pond with a naturally gradually sloping bank. 3. No hazardous materials, salt or sand used for roads will be stored at this location B. Structures Permitted in Setback- Irrigation or water facilities, flood control structures, culverts, bridges, pipelines, and other reasonable and necessary structures requiring some disturbance within the 35 foot setback may be permitted. Per the original allowance of the ADU and metal shop in conjunction with the pond, this metal shop has become reasonable and necessary as it is the most logical placement for the boundary line of the subdivision as not to disturb, disrupt or impede any of the other requirements for the protection of water bodies, as everything is pre- existing. C. Structures and Activity Prohibited in Setback- The ADU was approved with the metal shop in 2001. No changes have taken place since that point as the metal shop is fixed to the same location. These were previously permitted and approved with the currents setbacks from the pond. 1. There is no proposed removal of any existing native vegetation or activity that will cause loss of riparian areas except periodic removal of dead fallen trees. 2. There is no proposed disturbance to the existing natural surface drainage characteristics, sedimentation patterns, flow patterns, or flood retention characteristics by any means. D. Compliance with State and Federal Laws- The pond was previously approved as part a water augmentation plan at approximately the same time the ADU was approved. There are no new changes. MINERAL INTEREST RESEARCH PURSUANT TO MEMO JUNE 24, 2014 Research process conducted: A. Mineral interest search conducted by Commonwealth Title Company - See attached documentation Community Development Department May 17, 2017 Misty Briscoe -Garcia PO Box 1134 Rifle, CO 81650 970-230-0359 RE: Completeness Review Elder Minor Subdivision MISA -05-17-8535 Dear Mrs. Briscoe -Garcia, Thank you for your application provided on behalf of Jarad Elder for a Minor Subdivision located at 4280 County Road 331, Silt, 81652. Our completeness review included input from the County Attorney's Office and has identified several items that need to be addressed or clarified priorto a determination of technical completeness. Please respond to the following items: 1. After researching ownership records, the County Attorney's Office found that there was a life estate on a portion of the property. The Attorney's Office also found that one-half of the couple quitclaimed their interest back (Vera Grant), but was unable to find if Kenneth Grantstill still has an interest. Please address this issue and submit any necessary supporting evidence. 2. Please provide a copy of the deed and a title commitment. 3. In order to ensure compliance with State Statute regarding mineral owner notification, please provide a statement indicating whether public records were searched to obtain the identified mineral owner and the date that those records were searched. See attached Memo for guidance. 4. The application included a copy of the Colorado Geological Survey Submittal (CGS) Form for Land - Use Reviews. Please submit a check in the amount required by CGS to cover their referral fee for very small residential subdivision review. 5. Article 7-107(F) of the Land Use Development Code details county roadway standards. Please provide a statement as to whether or not the driveways from public right of way (County Road) to the use(s) on the site meet those Design Standards. 6. As stated in the pre -application summary, please supply a topographic map of the site to address Section 7-204 Drainage and Erosion. 7. In the response to Article 7-203 Protection of Waterbodies, the application states that, "The pond will be located on the three acre parcel containing the existing dwelling at 4280 County Road 331. 108 Eighth Street, Suite 401 Glenwood Springs, Colorado 81601 (970) 945-8212 This is in accordance with the Water Right and Augmentation Pian prepared by Resource Engineering, Inc December 16, 1999." In the proposed final plat, it appears that the proposed lot line splits the pond. Please address this discrepancy. 8. Article 7-203 Protection of Waterbodies requires a 35 foot setback for structures from any waterbody. Please address whether all structures are 35 feet away from any stream and/or pond that may be on the property. Once the above topics are addressed, we can finalize our completeness review and schedule a date for the Director's Decision. Please note that the Garfield County Land Use and Development Code requires that the technical completeness issues be resolved within 60 -days of the date of this letter. If not resolved in that timeframe, the application will be deemed withdrawn, unless a request for extension is submitted and approved. Please feel free to call or request a follow-up meeting with staff to address any questions you may have regarding the above items. You may reach me at pwallerCftarfield-county:com or 970-945-1377 ext. 1580. Sincerely, Patrick Waller Senior Planner 108 Eighth Street, Suite 401 Glenwood Springs, Colorado 81601 (970) 945-8212 SETTLEMENT AGREEMENT AND WAIVER This Settlement Agreement ("Agreement") is by and between 7arad B. Elder ("Elder"), Vera M. Grant ("Grant") and Debra K. Engelhardt ("Engelhardt") collectively Elder, Grant and Engelhardt are known as the "Parties". RECITALS WHEREAS, the Parties had previously entered into that certain Memorandum of Understanding dated February 11, 2005 and life estate granted by that certain Warranty Deed dated February 11, 2005 and recorded as reception number 668729; and WHEREAS, the MOU and life estate permitted Grant to remain on the property owned by Elder and known as 0066 Chipperfield Lane, Silt, Colorado (the "Property"); and WHEREAS, the Parties now desire to terminate the life estate and settle and any claims each may have against the other subject to the terms set forth herein. AGREEMENT 1. Incorporation of Recitals. The Recitals set forth above are hereby incorporated by reference as if fully set forth herein. 2. Purpose of Agreement. This Agreement is to terminate the life estate and compromise disputed claims and is not to be construed as an admission of liability by any Parry hereto. 3. Effective Date. This Agreement will be effective upon execution by each of the undersigned. 4. Possessory Termination and Departure Date. Grant agrees that the life estate currently held by her shall terminate and Grant shall remove all personal possessions and surrender, depart and leave the Property on or before 11:59 pm, MT on December 31, 2013 (the "Departure Date"). Plaintiff's Inspection and Payment. Grant shall leave the Property in good clean condition free from any damage, normal wear and tear excepted. Any personal property remaining on the Property after the Departure Date shall be conclusively deemed abandoned and Elder may dispose of such property as it sees fit. Within twenty-four (24) hours of the Departure Date Elder shall perform a final inspection to inspect the condition of the Property. Provided the Property is left in a good, clean condition Elder shall deliver to Grant a check in the amount of one thousand dollars ($1,000) within seventy-two hours of the Departure Date. In the event the Property is not left in an acceptable condition Elder shall detail the necessary scar) Ed repairs in writing and shall withhold from the $1,000 the amount necessary to make said repairs. Elder and Grant agree to appoint Cheryl Chandler as an independent third party to review and arbitrate any disputes concerning the scope of the necessary repairs or condition of the Property, with the goal of making the property eligible for reletting to a new tenant. 6. Retention of Royalties. Engelhardt and Grant may retain any and all mineral royalties previously paid to them by Bill Barrett Corp. prior to the effective date of this Agreement. 7. Execution of Quitclaim Deed/Further Acts. At the time of and in exchange for the delivery of the payment referenced in paragraph 5 Grant shall execute a quitclaim deed in the form attached hereto as Exhibit A in favor of Elder terminating the life estate granted by the Warranty Deed. Further, the Parties agree to take such other acts and steps as may be reasonably required to effectuate the intent of this Agreement, including providing such additional documentation to Bill Barrett Corp. as may be necessary to evidence termination of the life estate. 8. Mutual Release and Waiver of Claims. Upon successful completion of the requirements herein the Parties hereby fully, completely, unconditionally, and irrevocably waives, release, and forever discharges any and all claims they may have against each other, their respective agents, attorneys, assigns, heirs, executors, representatives, or designees which exist as of the time this Agreement is fully executed, arising out of the Property, and/or the Parties possessory rights, use or occupancy thereof; except for claims related to a default or breach of this Agreement. 9. Enforcement and Attorney's Fees. If any action to enforce this Agreement is filed by either party, such action must be filed in the appropriate court located in Garfield County, Colorado, and no other, and that court shall have exclusive jurisdiction thereof. In the event a disagreement arises out of this Agreement, the prevailing party in any litigation or arbitration with respect to such dispute shall recover all of its costs, expenses and attorney fees incurred in each and every action, suit or other proceeding it considers or brings to enforce this Agreement. 10.Inteerated Akreement. This Agreement expresses the complete agreement between the Parties and may not be modified in any manner except in a writing signed by all Parties to this Agreement. 11. Governing Law. This Agreement shall be construed and governed by the laws of the State of Colorado. 12. Parakraph Headings. The paragraph headings in this Agreement are provided for convenience of reference, and are not intended to limit, restrict or modify the rights and obligations of the Parties as set forth in the paragraphs of this Agreement. In the event of any conflict between a heading and the text of this Agreement, the text of this Agreement will control. This Agreement shall be interpreted as though it were drafted by both Parties. WE, THE UNDERSIGNED, HEREBY CERTIFY THAT WE HAVE READ THIS ENTIRE SETTLEMENT AGREEMENT, HAVE THE AUTHORITY TO SIGN AND BE BOUND BY THIS AGREEMENT, AND HAVE HAD THE OPPORTUNITY TO HAVE TERMS USED HEREIN AND THE CONSEQUENCES THEREOF EXPLAINED BY OUR RESPECTIVE ATTORNEYS. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. 47 Vera M. Grant Debra K. Engelhardt STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) The foregoing Settleme�k, A eement was acknowledged, signed and sworn to before me this _,�day of �CGm�' 2013 by Vera M. Grant. Witness my hand and official seal. My commission expires:�r� Not ry ubli STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) The foregoing-§ettlemept Agreement was acknowledged, signed and sworn to before me this 7 day of a 2013 by Debra K. Engelhardt. Witness my hand and official seal. / My commission expires:/ i'i 14 Notary Public STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) e foregoiSettlement Agreement was acknowledged, signed and sworn to before me this day of r °GQvw%3�G� , 2013 by Jarad B. Elder. Witness my hand and official seal. My commission expires: 1 r`a 114 E'�_ TI THISSEN ,r„,CSTi-YE' -OIL 4 I j,,i30478 �NplrY” ; ;.y„omber 2, 2014 t Notary Publi SETTLEMENT AGREEMENT AND WAIVER This Settlement Agreement ("Agreement") is by and between Jarad B. Elder ("Elder"), Vera M. Grant ("Grant") and Debra K. Engelhardt ("Engelhardt") collectively Elder, Grant and Engelhardt are known as the "Parties". RECITALS WHEREAS, the Parties had previously entered into that certain Memorandum of Understanding dated February 11, 2005 and life estate granted by that certain Warranty Deed dated February 11, 2005 and recorded as reception number 668729; and WHEREAS, the MOU and life estate permitted Grant to remain on the property owned by Elder and known as 0066 Chipperfield Lane, Silt, Colorado (the "Property"); and WHEREAS, the Parties now desire to terminate the life estate and settle and any claims each may have against the other subject to the terms set forth herein. AGREEMENT 1. Incorporation of Recitals. The Recitals set forth above are hereby incorporated by reference as if fully set forth herein. 2. Purpose of Agreement. This Agreement is to terminate the life estate and compromise disputed claims and is not to be construed as an admission of liability by any Party hereto. 3. Effective Date. This Agreement will be effective upon execution by each of the undersigned. 4. Possessory Termination and Departure Date. Grant agrees that the life estate currently held by her shall terminate and Grant shall remove all personal possessions and surrender, depart and leave the Property on or before 11:59 pm, MT on December 31, 2013 (the "Departure Date"). 5. Plaintiffs Inspection and Payment. Grant shall leave the Property in good clean condition free from any damage, normal wear and tear excepted. Any personal property remaining on the Property after the Departure Date shall be conclusively deemed abandoned and Elder may dispose of such property as it sees fit. Within twenty-four (24) hours of the Departure Date Elder shall perform a final inspection to inspect the condition of the Property. Provided the Property is left in a good, clean condition Elder shall deliver to Grant a check in the amount of one thousand dollars ($1,000) within seventy-two hours of the Departure Date. In the event the Property is not left in an acceptable condition Elder shall detail the necessary repairs in writing and shall withhold from the $1,000 the amount necessary to make said repairs. Elder and Grant agree to appoint Cheryl Chandler as an independent third party to review and arbitrate any disputes concerning the scope of the necessary repairs or condition of the Property, with the goal of making the property eligible for reletting to a new tenant. 6. Retention of Royalties. Engelhardt and Grant may retain any and all mineral royalties previously paid to them by Bill Barrett Corp. prior to the effective date of this Agreement. 7. Execution of Quitclaim Deed/Further Acts. At the time of and in exchange for the delivery of the payment referenced in paragraph 5 Grant shall execute a quitclaim deed in the form attached hereto as Exhibit A in favor of Elder terminating the life estate granted by the Warranty Deed. Further, the Parties agree to take such other acts and steps as may be reasonably required to effectuate the intent of this Agreement, including providing such additional documentation to Bill Barrett Corp. as may be necessary to evidence termination of the life estate. 8. Mutual Release and Waiver of Claims. Upon successful completion of the requirements herein the Parties hereby fully, completely, unconditionally, and irrevocably waives, release, and forever discharges any and all claims they may have against each other, their respective agents, attorneys, assigns, heirs, executors, representatives, or designees which exist as of the time this Agreement is fully executed, arising out of the Property, and/or the Parties possessory rights, use or occupancy thereof, except for claims related to a default or breach of this Agreement. 9. Enforcement and Attorney's Fees. If any action to enforce this Agreement is filed by either party, such action must be filed in the appropriate court located in, Garfield County, Colorado, and no other, and that court shall have exclusive jurisdiction thereof. In the event a disagreement arises out of this Agreement, the prevailing party in any litigation or arbitration with respect to such dispute shall recover all of its costs, expenses and attorney fees incurred in each and every action, suit or other proceeding it considers or brings to enforce this Agreement. 10.Integrated Agreement. This Agreement expresses the complete agreement .between the Parties and may not be modified in any manner except in a writing signed by all Parties to this Agreement. 11. Governinz Law. This Agreement shall be construed and governed by the laws of the State of Colorado. 12. Paragraph Headings. The paragraph headings in this Agreement are provided for convenience of reference, and are not intended to limit, restrict or modify the rights and obligations of the Parties as set forth in the paragraphs of this Agreement. In the event of any conflict between a heading and the text of this Agreement, the text of this Agreement will control. This Agreement shall be interpreted as though it were drafted by both Parties. WE, THE UNDERSIGNED, HEREBY CERTIFY THAT WE HAVE READ THIS ENTIRE SETTLEMENT AGREEMENT, HAVE THE AUTHORITY TO SIGN AND BE BOUND BY THIS AGREEMENT, AND HAVE HAD THE OPPORTUNITY TO HAVE TERMS USED HEREIN AND THE CONSEQUENCES THEREOF EXPLAINED BY OUR RESPECTIVE ATTORNEYS. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. �1- V-1 z Q 2b &/2 Vera M. Grant Debra /_ . ! l .f STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) The foregoing Settlen3pnt Agreement was acknowledged, signed and sworn to before me this day of,2013 by Vera M. Grant. Witness my hand and official seal. My commission expires: k1l Id zo Not 4u is STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) The foregoing Settlement Agreement was acknowledged, signed and sworn to before me this /,V day of , 2013 by Debra K. Engelhardt. Witness my hand and official seal. My commission expires: STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Notary Public ,�e foregoing Settlement Agreement was acknowledged, signed and sworn to before me this 1`% day of 0P-nr (' , 2013 by Jarad B. Elder. Witness my hand and official seal. My commission expires: tl �2,11`E' KATHY THiSSEN NOTARY PUBLIC STATE OF COLORADO NOTARY 10 #19984030478 My Com Mlon EVkes November 2, 2014 jzk"X�- NAary Pu is SETTLEMENT AGREEMENT AND WAIVER This Settlement Agreement ("Agreement") is by and between Jarad B. Elder ("Elder"), Vera M. Grant ("Grant") and Debra K. Engelhardt ("Engelhardt") collectively Elder, Grant and Engelhardt are known as the "Parties". RECITALS WHEREAS, the Parties had previously entered into that certain Memorandum of Understanding dated February 11, 2005 and life estate granted by that certain Warranty Deed dated February 11, 2005 and recorded as reception number 668729; and WHEREAS, the MOU and life estate permitted Grant to remain on the property owned by Elder and known as 0066 Chipperfield Lane, Silt, Colorado (the "Property"); and WHEREAS, the Parties now desire to terminate the life estate and settle and any claims each may have against the other subject to the terms set forth herein. AGREEMENT 1. Incorporation of Recitals. The Recitals set forth above are hereby incorporated by reference as if fully set forth herein. 2. Purpose of Agreement. This Agreement is to terminate the life estate and compromise disputed claims and is not to be construed as an admission of liability by any Party hereto. 3. Effective Date_. This Agreement will be effective upon execution by each of the undersigned. 4. Possessory Termination and Departure Date. Grant agrees that the life estate currently held by her shall terminate and Grant shall remove all personal possessions and surrender, depart and leave the Property on or before 11:59 pm, MT on December 31, 2013 (the "Departure Date"). 5, Plaintiffs Inspection and Payment. Grant shall leave the Property in good clean condition free from any damage, normal wear and tear excepted. Any personal property remaining on the Property after the Departure Date shall be conclusively deemed abandoned and Elder may dispose of such property as it sees fit. Within twenty-four (24) hours of the Departure Date Elder shall perform a final inspection to inspect the condition of the Property. Provided the Property is left in a good, clean condition Elder shall deliver to Grant a check in the amount of one thousand dollars ($1,000) within seventy-two hours of the Departure Date. In the event the Property is not left in an acceptable condition Elder shall detail the necessary 0 repairs in writing and shall withhold from the $1,000 the amount necessary to make said repairs. Elder and Grant agree to appoint Cheryl Chandler as an independent third party to review and arbitrate any disputes concerning the scope of the necessary repairs or condition of the Property, with the goal of making the property eligible for reletting to a new tenant. 6. Retention of Royalties. Engelhardt and Grant may retain any and all mineral royalties previously paid to them by Bill Barrett Corp. prior to the effective date of this Agreement. 7. Execution of Quitclaim Dee&Turther Acts. At the time of and in exchange for the delivery of the payment referenced in paragraph 5 Grant shall execute a quitclaim deed in the form attached hereto as Exhibit A in" favor of Elder terminating the life estate granted by the Warranty Deed. Further, the Parties agree to take such other acts and steps as may be reasonably required to effectuate the intent of this Agreement, including providing such additional documentation to Bill Barrett Corp. as may be necessary to evidence termination of the life estate. 8. Mutual Release and Waiver of Claims. Upon successful completion of the requirements herein the Parties hereby fully, completely, unconditionally, and irrevocably waives, release, and forever discharges any and all claims they may have against each other, their respective agents, attorneys, assigns, heirs, executors, representatives, or designees which exist as of the time this Agreement is fully executed, arising out of the Property, and/or the Parties possessory rights, use or occupancy thereof; except for claims related to a default or breach of this Agreement. 9. Enforcement and Attorney's Fees. if any action to enforce this Agreement is filed by either party, such action must be filed in the appropriate court located in Garfield County, Colorado, and no other, and that court shall have exclusive jurisdiction thereof. In the event a disagreement arises out of this Agreement, the prevailing parry in any litigation or arbitration with respect to such dispute shall recover all of its costs, expenses and attorney fees incurred in each and every action, suit or other proceeding it considers or brings to enforce this Agreement. lO.Inteyated Agreement. This Agreement expresses the complete agreement between the Parties and may not be modified in any manner except in a writing signed by all Parties to this Agreement. 11. Governing Law. This Agreement shall be construed and governed by the laws of the State of Colorado. 12. Paragraph Headings. The paragraph headings in this Agreement are provided for convenience of reference, and are not intended to limit, restrict or modify the rights and obligations of the Parties as set forth in the paragraphs of this Agreement. In the event of any conflict between a heading and the text of this Agreement, the text of this Agreement will control. This Agreement shall be interpreted as though it were drafted by both Parties. WE, THE UNDERSIGNED, HEREBY CERTIFY THAT WE HAVE READ THIS ENTIRE SETTLEMENT AGREEMENT, HAVE THE AUTHORITY TO SIGN AND BE BOUND BY THIS AGREEMENT, AND HAVE HAD THE OPPORTUNITY TO HAVE TERMS USED HEREIN AND THE CONSEQUENCES THEREOF EXPLAINED BY OUR RESPECTIVE ATTORNEYS. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) The foregoin Settlempnt Agreement was acknowledged, signed and sworn to before me this 7Z04 day of C2 2/ , 2013 by Vera M. Grant. Witness my hand and official seal. My commission expires: *,,1 %e 2 D/y Notary Publi STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) The foregoi g Settlepent Agreement was acknowledged, signed and sworn to before me this � day of C��� , 2013 by Debra K. Engelhardt. Witness my hand and official seal. My commission expires//� /9/-, �/i - `� Notary Public STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) The foregoing Settlement Agreement was acknowledged, signed and sworn to before me this day of2013 by Jarad B. Elder. Witness my hand and official seal. My commission expires: l 1 l g + A — KATHY THISSEN Notary NOTARY PUBLIC STATE OF COLORADO NOTARY ID #19984030478 My COMMMion Expires November 2, 2014 847367 03/20/2014 10:24:52 AM Page 1 of 1 Jean Alberico, Garfield County, Colorado Rec Fee: $11.00 Doc Fee: $0.00 eRecorded QUIT CLAIM DEED This QUIT CLAIM DEED ("Deed") made this 14day of, c_V,11 �, 2013 between Vera M. Grant ("Grantor"), and Jarad B. Elder ("Grantee"). WITNESSETH, that the Grantor, for Ten Dollars ($10.00) 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 does remise, release, sell, convey, terminate and QUIT CLAIM unto the Grantee, its successors and assigns, forever, the life estate interest held by Grantor and created by the Warranty Deed recorded as reception number 668729 and all the right, title, interest, claim and demand which the Grantor has in and to the following described real property, together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado, described as follows: A parcel of land situate in the NEI/4 of Section 34, Township 6 South, Range 92 West of the 6th P.M., County of Garfield, State of Colorado, being a portion of the parcel of land described in Book 878, Page 796 as filed with the Clerk and Recorder's Office of Garfield County. -Said parcel of land being more particularly described as follows: Beginning at a point on the Southerly right-of-way line of County Road No. 326 (also being known as Chipperfield Road) whence the center 1/4 comer of said Section 34 bears S 08°58'17" W. 2018.09 feet; thence along said right-of-way the following three (3) courses: I ) S 81053'31"E. 56.66 feet; 2) N 64041'03" E. 289.72 feet; 3) N 81043'13" E. 64.95 feet to a point on the Easterly line of said parcel of land described in Book 878, Page 796; thence departing said right-of-way S 08016147" E. along said Easterly line 271.42 feet; thence departing said Easterly line S 88°44'12" W. 323.37 feet; thence N 69°36'06" W. 117.40 feet; thence N 06°14'27" E. 110.21 feet to the Point of Beginning. Said parcel of land containing 1.893 acres, more or less TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto 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, its successors and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this Quit Claim Deed on the day set forth above L By ' fl y Vera M. Grant STATE OF COLORADO ) ss. CY.OF GARFIELD ) Y '}s'he f regoing Quit Claim Deed was acknowledged, signed and sworn to before me this da of Ste. 12013 by Vera M. Grant. t`'NJitness my hand and official seal. My commission expires: 4YY ota b 'c (1111111111111111111111 INIIIIIIIIIIII11111111HEIlii � 668729 02/16/2005 11:47A 81663 P223 M ALSDDRF 1 of 1 R 6.00 D 0.00 GARFIELD COUNTY CO WARRANTY DEED THIS DEED, made this 10'- day of -4n- , 2005, between DEBRA K. ENGELHARDT, of the County of Garfield and State of Colorado, Grantor, and KENNETH A. GRANT and VERA M. GRANT, whose legal address is 0066 Chipperfield Lane, Silt, County of Garfield, State of Colorado 81652, Grantees: WITNESSETH, That the Grantor for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantees as joint tenants with right of survivorship, their heirs, successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Garfield, State of Colorado described as follows: An estate for the life of the survivor of Kenneth A. Grant and Vera M. Grant in that real property described as: A parcel of land situate in the NE%, of Section 34, Township 6 South, Range 92 West of the 61" P.M., County of Garfield, State of Colorado, being a portion of the parcel of land described in Book 878, Page 796 as filed with the Clerk and Recorder's Office of Garfield County. Said parcel of land being more particularly described as follows: Beginning at a point on the Southerly right-of-way line of County Road No. 326 (also being known as Chipperfield Road) whence the center %, corner of said Section 34 bears S 08°58'17" W. 2018,09 feet; thence along said right-of-way the following three (3) courses: 1) S 81 °53'31" E. 5 6.6 6 feet; 2) N 64°41'03" E. 289.72 feet; 3) N81-4313" E. 64.95 feet to a point on the Easterly line of said parcel of land described in Book 878, Page 796; thence departing said right-of-way S 08° 16'47" E. along said Easterly line 271.42 feet; thence departing said Easterly line S 88°44'12" W. 323.37 feet; thence N 69036'06" W. 117.40 feet; thence N 06°14'27" E. 110.21 feet to the Point of Beginning. Said parcel of land containing 1.893 acres, more or less, together with the improvements thereon, but terminating, in any event, should neither Kenneth A. Grant or Vera M. Grant occupy the premises as their principal place of residence for a period exceeding sixty (60) days and, if not sooner, terminating nineteen (19) years from the date hereof, which has a street address of: 0066 Chipperfield Lane, Silt, Colorado 81652. AND WARRANTS title to the same subject to the lien of the 2005 general property taxes, �- patent reservations, prior mineral reservations, and casements of record. 0 IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. Q Q Debra K. Engelhardt V2 STATE OF COLORADO ) r1 )ss �l COUNTY OF GARFIELD ) i+— Th e Binstrument was acknowledged before me this day of n 2005, oss my hartdo official seal mcdRr1A11,f0iWnettp s: IMFFER W Gass a 0.'+U200t3 Notary Public��� 4 $dC.i-1iz�3at 0 Vera Grant (June 23, 1923 Oct. 27, 2016) 1 PostIndependent.com Page 1 of 1 Vera Grant (June 23, 1923 — Oct. 27, 2016) October 31, 2016 Vera was born in Saint Francis, Kansas. She is predeceased by her husband, Kenneth Grant. She is survived by her children Debra Engelhardt of Parachute, Co, and Cheri Hager of Rifle, Cc; grandson Shawn Engelhardt of Littleton Co; and 2 granddaughters, Carrie Church of Rifle, Co, and Melinda West of Silt, Co. She had 7 great-grandchildren, and a future son-in-law, Michael Stevenson, that loved her like a Mom. She loved her family, and her family cherished her. She always wanted to make everyone around her happy. We couldn't ask for a more loving Mom & Grandma. We will miss her so very much. http://www.postindependent.cominews/obituaries/vera-grant june-23-1923-oct-27-2016/ 6/13/2017 STG Prior Deeds Endorsement 1 ENDORSEMENT ISSUED BY STEWART TITLE GUARANTY COMPANY File No.: 01330-45353 Charge: $35.00 The Company hereby insures the Insured against loss or damage (not exceeding the amount specified hereinafter) which the Insured shall sustain by reason of: That according to the Public Records, there have been no deeds, other than the deed(s) which vest title in the owner(s) stated in Schedule A of the commitment conveying the land described in this Commitment within a period of two (2) years prior to the Commitment Date, except as follows: NONE. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature. Countersigned by: w�- bait= Aubdud Cauntasipw Stewart Title - Glenwood Springs 1620 Grand Avenue Glenwood Springs, CO 81601 File No. 01330-45353 STG Prior Deeds Endorsement 1 stewwt title guaranty company Matt Morris President and CEO Denise C rraux Secretary Page 1 of 1 Stewart title View your transaction progress 24/7 via Stewart Online Ask us about your login today! Stewart Title - Glenwood Springs - Main 1620 Grand Avenue Glenwood Springs, CO 81601 Date: September 05, 2014 File Number: 01330 -45353 -Amendment No. C4 Property: 4380 County Road 331, Silt, CO 81652 Please direct all Closing inquiries to: Kari Arneson Phone: (970) 440-3020 Fax: (800) 966-1709 Email Address: karneson@stewart.com SELLER: Wits End Land & Cattle Trust Delivery Method: Emailed Lender: Bank of Colorado 4848 Thompson Pkwy Ste 100 Johnstown, CO 80534 BUYER: Jarad Elder and Rachael Elder Delivery Method: Emailed Selling Agent: Leverich & Carr Real Estate Co 555 E Durant Ste 4A Aspen, CO 81611 Contact: Chris Leverich Phone: (970) 925-5400 Fax: (970) 920-4549 Email: cleverich@aol.com Delivery Method: Emailed We Appreciate Your Business and Look Forward to Serving You in the Future. Stewart title" Stewart Title - Glenwood Springs - Main 1620 Grand Avenue Glenwood Springs, CO 81601 (970) 945-5434 Escrow Number: 01330-45353 WIRING INSTRUCTIONS US Bank 535 Westminster Mall Westminster, CA 92683 Beneficiary: STEWART TITLE ACCOUNT #: 153910695052 Routing/Transit #: 123000848 PLEASE REFERENCE: Escrow Number: 01330-45353 Escrow Officer: Kari Arneson Property Address: 4380 County Road 331 Silt, CO 81652 Buyer/Borrower: Jarad Elder and Rachael Elder "Please be aware Stewart Title cannot accept ACH'S to our Escrow Account" File No.: 01330-45353 Page 1 of 1 ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE Issued by STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: Aubrizcd Countasigmtm Stewart Title - Glenwood Springs - Main 1620 Grand Avenue Glenwood Springs, CO 81601 (970) 945-5434 stewaf t title guaranty company HOW E tE�gpS F^ a/t4uH8W8 Matt Morris President and CEO %fid Denise Ca/rraux Secretary Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. AMERICAN All other uses are prohibited. Reprinted under license from the American Land Title Association. [AND t I t L r AI%M 1A110N File No. 01330-45353 004 -UN ALTA Commitment (6/17/06) CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2, 000, 000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at< http://www.alta.orp/h. All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. AMERICAN All other uses are prohibited. Reprinted under license from the American Land Title Association. 1 AN u r I t t u A110; IAMIN File No. 01330-45353 004 -UN ALTA Commitment (6/17106) COMMITMENT FOR TITLE INSURANCE SCHEDULE A File No.: 01330-45353- Amendment No. C4 1. Effective Date: July 25, 2014, at 8:00 A.M. 2. Policy or Policies to be issued: (a) A.L.T.A. Owner's Policy Proposed Insured: Jarad Elder and Rachael Elder (b) A.L.T.A. Loan Policy Proposed Insured: 2006 (Standard) 2007 (Short Form Residential) Bank of Colorado, its successors and/or assigns Amount of Insurance 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the said estate or interest in said land is at the effective date hereof vested in: Wits End Land and Cattle Trust 5. The land referred to in this Commitment is described as follows: $375,000.00 $361,875.00 Township 6 South, Range 92 West of the 6th P.M. Parcel 2, CHIPPERFIELD ESTATES, being a portion of the NE1/4 of Section 34, according to the Plat recorded January 9, 1984 as Reception No. 348764. County of Garfield, State of Colorado Purported Address: 4380 County Road 331 Silt, CO 81652 STATEMENT OF CHARGES These charges are due and payable before a policy can be issued Basic Rate 2006 Owner's Policy: $1154.00 2007 Loan Policy: $150.00 Tax Certificate: $20.00 CO Form 100: $50.00 ALTA Form 8.1-06 $50.00 STG Prior Deeds End: $35.00 Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. xMti1U�N All other uses are prohibited. Reprinted under license from the American Land Title Association. P P ,3,�aihiz»a File No. 01330-45353 Page 1 of 1 STEWART TITLE CO STG ALTA Commitment Sch A STO GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART I File No.: 01330 -45353 -Amendment No. C4 The following are the requirements to be complied with: 1. Payment to or for the account of the grantor(s) or mortgagor(s) of the full consideration for the estate or interest to be insured. 2. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. 3. Evidence satisfactory to Stewart Title Guaranty Company of payment of all outstanding taxes and assessments as certified by the County Treasurer. 4. Execution of Affidavit as to Debts and Liens and its return to Stewart Title Guaranty Company. NOTE: If work has been performed on, or in connection with, the subject property (architectural drawings, soils testing, foundation work, installation of materials), please notify the Company's escrow officer within 10 days of receipt of this title commitment. 5. Payment of any and all Homeowners assessments and expenses which may be assessed to the property. 6. Execution of an acceptable survey affidavit certifying that there have been no new improvements constructed or major structural changes made on the subject property. NOTE: If improvements have been made on, or in connection with, the subject property, please notify the Company's escrow officer within 10 days of receipt of this title commitment. 7. Recordation of a Statement of Authority for Wits End Land and Cattle Trust, a trust, pursuant to the provisions of Section 38-30-108.5 / 38-30-172 C.R.S. 8. Deed from vested owner(s) vesting fee simple title in the purchaser(s). NOTE: Notation of the legal address of the grantee must appear on the deed as per 1976 amendment to statute on recording of deeds CRS 38-35-109 (2). 9. Deed of Trust from the Borrower to the Public Trustee for the use of the proposed lender to secure the loan. NOTE: The vesting deed is shown as follows: Special Warranty Deed recorded January 20, 2009 as Reception No. 761816. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. A+r�icnrt All other uses are prohibited. Reprinted under license from the American Land Title Association. AAaf ilii File No. 01330-45353 Page 1 of 1 STEWART TITLE CO STG ALTA Commitment Sch B I GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II File No.: 01330 -45353 -Amendment No. C4 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the Land and not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Minerals of whatsoever kind, subsurface and surface substances, in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records or listed in Schedule B. 7. Water rights, claims or title to water. 8. Any and all unpaid taxes and assessments and any unredeemed tax sales. 9. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 10. Reservations or exceptions in Patents, or in Acts authorizing the issuance thereof, including the reservation of a right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded December 7, 1911 in Book 71 at Page 516 as Reception No. 43188. 11. Reservations or exceptions in Patents, or in Acts authorizing the issuance thereof, including the reservation of a right of way for ditches or canals constructed by the authority of the United States, as reserved in United States Patent recorded September 5, 1912 in Book 71 at Page 558 as Reception No. 45065. 12. Rights and reservations disclosed in Warranty Deed recorded December 13, 1950, in Book 255 at Page 493 as Reception No. 174442, and any, and all assignments of record, or otherwise, thereof, or interests therein. 13. Rights and reservations disclosed in Warranty Deed recorded December 16, 1955, in Book 290 at Page 297 as Reception No. 192553, and any, and all assignments of record, or otherwise, thereof, or interests therein. 14. Rights and reservations disclosed in Warranty Deed recorded January 4, 1963, in Book 346 at Page 320 as Reception No. 219990, and any, and all assignments of record, or otherwise, thereof, or interests therein. 15. Rights and reservations disclosed in Warranty Deed recorded February 28, 1969, in Book 400 at Page 86 as Reception No. 242860, and any, and all assignments of record, or otherwise, thereof, or interests therein. 16. Holy Cross Electric Association, Inc. Right -of -Way Easement recorded March 19, 1982 in Book 594 at Page 994 Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. AextcaN All other uses arerohibited. Reprinted under license from the American Land Title Association. LAW" � i 1 } P P .xe auta�v File No. 01330-45353 Page 1 of 2 STEWART TITLE CO STG ALTA Commitment Sch B 11 STO GUARANTY COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE B PART II as Reception No. 325769. 17. Resolution No. 82-231 recorded October 7, 1982 in Book 609 at Page 548 as Reception No. 333100. 18. Resolution No. 83-131 recorded June 7, 1983 in Book 628 at Page 463 as Reception No. 342672. 19. Matters disclosed on the Chipperfield Estates Map recorded January 9, 1989 as Reception No. 348764. 20. Declaration of Covenants, Conditions and Restriction of Chipperfield Estates recorded January 18, 1984 in Book 642 at Page 621 as Reception No. 349081. 21. Holy Cross Energy Right -of -Way Easement recorded November 6, 2001 in Book 1300 at Page 958 as Reception No. 591393. 22. Oil and Gas Lease recorded July 25, 2005 in Book 1709 at Page 503 as Reception No. 678816, and any and all assignments of record, or otherwise, thereof, or interests therein, and other Oil and Gas Leases of record, and any and all assignments of record, or otherwise, thereof, or interests therein. 23. Rights and reservations disclosed in Warranty Deed recorded October 10, 2008 as Reception No. 757101, and any, and all assignments of record, or otherwise, thereof, or interests therein. 24. Matters as shown on the Improvement Survey Plat by Peak Surveying, Inc. dated August 19, 2014 as Project No. 08100A. Copyright 2006-2009 American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. rrar s�4�r+ Allother uses are prohibited. Reprinted under license from the American Land Title Association. File No. 01330-45353 Page 2 of 2 STEWART TITLE „tui, CO STG ALTA Commitment Sch B II STO GUARANTY COMPANY , DISCLOSURES File No.: 01330-45353 Pursuant to C.R.S. 10-11-122, notice is hereby given that: A. THE SUBJECT REAL PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT, B. A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; C. INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OF COUNTY COMMISSIONERS, THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR Note: Colorado Division of Insurance Regulations 3-5-1, Subparagraph (7) (E) requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Stewart Title - Glenwood Springs - Main conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lender's Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single-family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled Mechanic's and Materialmen's Liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure: a. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and b. That such mineral estate may include the right to enter and use the property without the surface owner's permission. NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN, UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. File No.: 01330-45353 CO Commitment Disclosure STG Privacy Notice Stewart Title Companies WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION? Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and driver's license number. All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday business—to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing. Reasons we can share your personal information. Do we share Can you limit this sharing? For our everyday business purposes— to process your How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we transactions and maintain your account. This may include running the Yes No business and managing customer accounts, such as processing How do the Stewart Title Companies collect my We collect your personal information, for example, when you transactions, mailing, and auditing services, and responding to court ■ request insurance -related services orders and legal investigations. We also collect your personal information from others, such as the real For our marketing purposes— to offer our products and services to Yes No you. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and Yes No non-financial companies. Our affiliates may include companies with a Stewart name; financial companies, such as Stewart Title Company For our affiliates' everyday business purposes— information No We don't share about your creditworthiness. For our affiliates to market to you — For your convenience, Yes Yes, send your first and last name, the email Stewart has developed a means for you to opt out from its affiliates address used in your transaction, your marketing even though such mechanism is not legally required. Stewart file number and the Stewart office location that is handling your transaction by email to optout@stewart.com or fax to 1-800-335-9591. For non -affiliates to market to you. Non -affiliates are companies No We don't share not related by common ownership or control. They can be financial and non-financial companies. We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] SHARING PRACTICES How often do the Stewart Title Companies notify me We must notify you about our sharing practices when you request a about their practices? transaction. How do the Stewart Title Companies protect my To protect your personal information from unauthorized access and use, we personal information? use security measures that comply with federal law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies collect my We collect your personal information, for example, when you personal information? ■ request insurance -related services ■ provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction, credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact us: If you have any questions about this privacy notice, please contact us at: Stewart Title Guaranty Company, 1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 File No.: 01330-45353 Page 1 Revised 11-19-2013 Re: Mineral Owners far Parcel Number 2179 341 00 404 We examined title to the minerals as reflected in recorded documents in the Garfield County Clerk and Recorder's Office for the following parcel: A tract of land in the NE1/4 of Section 34, Township 6 South, Range 92 West of the 6th Principal Meridian in Garfield County, Colorado, and being more particularly described as follows: Beginning at a point on the east right of way line of County Road No. 331 (also being a point on the North/South centerline of Section 34, Township 6 South, Range 92 West of the 6th P.M., Garfield County, Colorado), whence the Center one-quarter corner of said Section 34 bears South 00°13'48" West 1677.09 feet; thence North 00°13'48" East 360.00 feet along said east right of way line of County Road No. 331 and said North/South centerline of Section 34; thence along the southerly right of way line of County Road No. 326 (also being known as Chipperfield Road) the following three courses: South 81053'31" East 366.28 feet; thence North 64041'03" East 289.72 feet; thence North 81043'13" East 64.95 feet; thence, leaving said right of way South 08°16'47" East 331.36 feet; thence South 81°14'35" West 746.65 feet to the POINT OF BEGINNING. As appears from the recorded documents in the Garfield County Clerk and Recorder's Office we examined for the above described parcel, and subject to reservations, exceptions and conditions contained in the United States Patent, easements, rights of way, liens, encumbrances, rights of parties in possession, liens, if any, of mechanics and materialmen, zoning and subdivision regulations, and any state of facts which an accurate survey would disclose, title to the minerals is vested in the following: Mineral Rights Owner Address as shown on the most recent recorded instrument Magic M & R LLC 1720 South Be Haire Street, Ste. 1209 Denver, Colorado 80222 Bay Minerals LLC 501 South Cherry Street, Suite 920 Denver, Colorado 80246 Bay LLC 1512 Larimer Street, Suite 150 Denver, Colorado 80202 Bay Energy Partners LLC 1512 Larimer Street, Suite 150 Denver, Colorado 80202 Left Hand Resources LLC 1720 South Bellaire Street, Ste, 1209 Denver, Colorado 80222 Retova Resources LP 1873 South Bellaire Street, Ste. 900 Denver, Colorado 80222 Next Generation LLC 714 Pontiac Street Denver, Colorado 80220 Mimonte LLC P. 0. Box 3358 Englewood, Colorado 80155 Richard Altman & Company 1801 Broadway # 315 Denver, Colorado 80202 Devra L. Altman 2020 East 4th Avenue Denver, Colorado 80206 Mark A. Huttner & Cathlyn J. Huttner 21427 East Ottawa Circle Aurora, Colorado 80016 Rufus Craig Patch and Kristy Lee Patch 1951 West Williams, Unit 218 Fallon, Nevada 89406 Jimmie Beres, Jr. 221 Rye Beach Road, Apt. # 1F Huron, Ohio 44839 Carolyn Andrews 14541 West Bates Place Lakewood, Colorado 80228 Lois Martinez 4945 Mark Dearling Boulevard, Lot 170 Colorado Springs, Colorado 80918 Linda Lawrence 15 EI Paso Boulevard, Lot # 5 Manitou Springs, Colorado 80829 Lori Nelson 7710 East 131St Bixby, Oklahoma 74008 Jordan Beres 221 Rye Beach Road, Apt. # 1F Huron, Ohio 44839 Lupton Energy LLC 2854 Elm Drive Grand Junction, Colorado 81501 Desert Partners III P. 0. Box 3579 Midland, Texas 79702 J. Chris Statton P. 0. Box 878 Ouray, Colorado 81427 John C. Thomas P. 0. Box 6881 San Antonio, Texas 78209 George G. Vaught, Jr. P.O. Box 13557 Denver, Colorado 80201 McCulliss Resources 62117 1h Street, # 2155 Denver, Colorado 80293 Snyder Oil 1560 Broadway, Suite 2090 Denver, Colorado 80202 Douglas Denton P. 0. Box 7947 Midland, Texas 79708 cr c 1 ® Q 1CCN Cd j 00 W W 00 Ex 0 cc 0' h J 0 rm rU rm LO 40 m� 1 � pw UD D 1t �06J L— s ia6 0 NDC ;D M _e_c �mJA NNQ r 1 1 0 co a A ru N 0 -+ ■ W Q N O Q V m " C,m G (YI cr c 1 ® Q 1CCN Cd j 00 W W 00 Ex 0 cc 0' h J 0 rm rU rm LO 40 m� 1 � pw UD D 1t �06J L— s ia6 0 NDC ;D M _e_c �mJA NNQ r 1 1 0 co a A ru N 0 -+ ■ FIE O c Iz W O Q N c n O 0 a 0 0 DO m -o 3 w A O O W fD 'D O O 3 O O "O O C !iI 7 w 7 a. 3 w 54 n 0 c c n c a ca rD 0 O Cl. ro w a w Ei 0 rx r w w p m +_rl !_n to cn 1_n n 1. r„ to tr,(-n rn Cm - I 1l) r -= r , 4— Ul ww C7 1 0% ,� , 1 I ..h . n I 'ri I Vl WU] rJ �.LI . L. (r) I-- ill -S to En m �i 1 Li 1� Q CL F-11 ar — m a r ,a J l 4f d 1 f -04- , r� 1 mAr m # s _ 4 � 1 ( ,t m . rl - 3 — i' ♦ cu 4f ti ; A, HIMIf 11901 Ian, 3 ".=s LII3rr_ 9 e $ a nig � Rua c = c3'E kg i3 q 4R - a HIM z �aa �s3� ��a vo P _Qra'rsPes�g� 3�.3 2«[NMI a, 1n0'm_ pit 1 S3�ys.seg 11 H _ ego, Ks a3?�Fr I eM_ I3 pySF 31 aa 1 a�H4Kie�e - _e 1isiaa °L°^iaos:l 1 `saa2 � :.. a 1 �ga g $ ;5Er', �S' y2;e 3a�2:384ysSg�g s _ 11 58 pc�3 a sL =4 3_9g�H 3 f HUI 3 i �9E33�F � s��s s E Sa;R m 0 5 ^a 1 1°',1c � � � � Co - oil ol-"wR "s=s^ N'- aT` D_O 92x3 �n 0.vTN� -il :gag v2 -r 0 0 sae a K CC— Road No.331 — °. f =` O �� —DI c dao y a -_- 111 n r O85 ,_tS5 a�tlq e5 s N a� ro tz County Road No. 331 g � n PV n +3> Y> N O I> N N Inb 0mtto A°r „ z O iD ooA =- ➢ 00 N m� ro pNBt�� = opo OA%u 3 � ,0 A - n WP 0 3 T 1 s . � s Imo— F4-25 mss•m` z a� a "s - �. Y 5 Y R a-7.,�Hy'do 004 /':'� A t.. Y6a0p UP i bx 3 o RRe :sP3�RSA �a� ►routes Drilling & Pump Co., luta YELLS • SPECIALTY DRILLING • PUMPS • WA7ER TREATMENT SALES INSTALLATION SERVICE & TESTING )X 2346 • GLENWOOD SPRINGS, COLORADO 81602-2346 September 7, 2001 Debra Engelhardt 4280 County Road 331 Silt, Colorado 81652 Re: Flow Test — 4280 County Road 331 - Garfield County. Colorado To Whom It May Concern: 970-625-1522 877-222-8443 Fax 970-625-1530 Reez.l VeD SE' '102 j! On September 6, 2001, our company preformed a four- (4) hour pump test on the above referenced property. We observed the following data: Static Water Level: 20 feet (before pumping) Pump Setting: 150 Feet Total Well Depth: 160 Feet Well Production: 8+ Gallons Per Minute Pumping Level: 54 Feet The test was preformed utilizing the existing pump that is in the well that was tested. It is our professional opinion that this well produces an amount greater that 8 gallons per minute and that this well is more than adequate to furnish water for two dwellings. Thank you for the opportunity to serve you. Please feel free to contact us with any questions or comments. Respectfully Submilted, BY U DRI P C GW Cert' d Driller No. 112024 Colorado icenseNo.1382 JJD/rht a Owner:_ �. Mail Address: �1 INDIVIDUAL HOME SEWAGE TREATMENT -SYSTEMS APPLICATION Date d-Is1 ,, Phone >' 77- City: :6ZY+ zip: INFORMATION REGARDING. PROJECT SUBMITTED FOR REVIEW Attach separate sheets or report showing'entire area with respect to surrounding areas, topography of area, habitable buildings, location of potable water wells, soil percola- tion test holes, soil profiles in test holes (see Page 3). Near What 1. Location of Facility: County GARFIELD City or Town aj1 Location Address &/or Lot Size Legal Description 7 2. No. of Bedrooms - Septic Tank Capacity Aeration Unit Capacity _ N/A 3. Source of Domestic Water: Public (name) : Private: Well _ Depths Other Depth to 1st ground water table 4. Is facility within boundaries of a city/town or sanitation district? 5. Distance to nearest sewer system: Have you attempted to arrange a connection with the system? If rejected, what was the reason 6. If R.P.E. tested, state rate of absorption in test holes shown on the location map, in minutes per inch of drop in water level after holes have been soaked for 24 hours: 7. Name, address, and telephone of R.P.E. who made soil absorption tests: 8. Name, address, and telephone of R.P.E. responsible for design of the system: 9. Express permission is hereby granted for the inspection of the above property by any member of the Garfield County -Building & Sanitation Department and/or such persons as they may designate. Any"Withdrawal of this permission shall be in writing and receipt Acknowledged by the County Building & Sanitation Department. 10. I have been given an opportunity to read the Individual Sewage Disposal Systems Regula- tions of Garfield County and I hereby agree to comply with all terms, conditions and requirements included therein. if CiA .40/ _ lgnature o Pp � t a to (TO BE RETURNED TO ENVIRON. HEALTH DEPT.) INDIC PLEASE DRAW AN ACCURATE MAP TO YOUR PROPERTY E BELOW THE.LOCATION OF YOUR BUILDINGS, WATER SUPPLY (TO BE RETURNED TO ENVIRON. HEALTH DEPT.) Report Date: 6/9/2017 Analysis Number: 1703337 Culligan Water Conditioning of Carbondale, Colorado 1107 Hendrick Drive Control Number: Account Number: 5045 Collected By: Ralph Courter SAMPLE INFORMATION: Analysis Type Requested: Realtor Well Test 9399 West Higgins Road Suite 1100 Phone: 847 430 1219 Rosemont, IL 60018 Fax: 847 430 2219 CERTIFICATE OF ANALYSIS Customer: Jarad Elder 4280 Ct Rd 331 Silt CO, 81650 Misc: cc: Page 1 of 5 Sampled: 6/7/2017 Supply/Source: Private Well Condition: Untreated Water Received: 6/8/2017 Sampling Point: Hydrant Application: Household Tfiis CeRtficale of Mniilys!Fcompares the aclual fastresu W—naffio—nal standards as detinea in the s Pr ano Seconaary urinking Water Regulations. Primary Standards: Are expressed as the maximum contaminant level (MCL) which is the highest level of contaminant that is allowed in drinking water. MCLs are enforceable standards. Secondary Standards: Are non -enforceable guidelines regulating contaminants that may cause cosmetic effects (such as skin or tooth discoloration) or aesthetic effects (such as taste, odor, or color) in drinking water. Some states may choose to adopt that as enforceable standards. mg/L (ppm): Unless otherwise Indicated, results and standards are expressed as an amount in milligrams per liter or parts per million. ug/L (ppb): Unless otherwise indicated, results and standards are expressed as an amount in micrograms per liter or parts per billion. Minimum Detection Level (MDL): The lowest concentration level that the laboratory can detect a contaminant. ND: The contaminant was not detected above the minimun detection level. NA: The contaminant was not analyzed. * - NELAP accredited parameter. Status The contaminant was not detected in the sample above the minimum detection level. The contaminant was detected below National Standard limit. ® The contaminant was detected above National Standard limit. Page 2 of 5 National Standards Status Contaminant Results MDL Units Method EPA Limit Prima / Secondary Total Arsenic* 2,49 1.00 ug/L 200.8 R5.4 10.00 Primary This report can only be reproduced in its entirety, The results reported here are representative of the sample as received in the laboratory. Unless noted holding times and temperatre requirements for method 300 are not followed. pH results are out of hold time. This analysis will not determine whether a water is safe for human consumption. A „ Fp NELAP Certifications: IL -100213; PA -68-04623; NY -11756; TX-TX269-2007A Maria Mozdzen State Certifications: IL -IDPH -17598; CA -2958; MT-CERT0091; IA -369; Analytical Lab Manager VT -02199; 105-10119; 00-11-100213; MI -9988; MO -1060 98p E. Coli* E. Coli Detected SM9223B Coli -18 Lead (Pb)* <1.00 1.00 ug/L 200.8 R5.4 15.00 Primary Nitrate as N* <0.20 0.20 mg/L 300.0 R2.1 10.00 Primary Nitrite as N* <0.10 0.10 mg/L 300.0 R2.1 1.00 Primary Total Coliform* Coliform Detected SM92238 Coli -18 This report can only be reproduced in its entirety, The results reported here are representative of the sample as received in the laboratory. Unless noted holding times and temperatre requirements for method 300 are not followed. pH results are out of hold time. This analysis will not determine whether a water is safe for human consumption. A „ Fp NELAP Certifications: IL -100213; PA -68-04623; NY -11756; TX-TX269-2007A Maria Mozdzen State Certifications: IL -IDPH -17598; CA -2958; MT-CERT0091; IA -369; Analytical Lab Manager VT -02199; 105-10119; 00-11-100213; MI -9988; MO -1060 98p Page 3 of 5 pH - the acid strength of water on a scale of 0 to 14 (neutral = pH 7.0). Values from 7- O are increasingly more acidic; values from 7—.14 are increasingly more alkaline. The recommended range for drinking water under the U.S. regulations is 6.5 to 8.5. Conductivity - the relative ability of water to carry an electrical current, used to estimate the total concentration of dissolved ions. Turbidity - cloudiness in water caused by the dispersion of light by extremely tiny particles. Measured on an arbitrary scale of Nephelometric Turbidity Units (NTUs). The mandatory maximum under U.S. regulations is 0.5 NTU. Turbidity Filtered is measured after 11 micron filter paper. Color - the amount of brownish -yellow color from dissolved tannins from vegetation (like tea) and metals (like rust) and their combinations, measured on an arbitrary scale. The recommended maximum under U.S. regulations is 15 CU. Silica, SIO, - a naturally occurring dissolved mineral, which produces a glassy scale in high temperature equipment but is more important in predicting the life of certain water treatment media. Hydrogen Sulfide, H,S - a toxic, noxious, corrosive gas that smells like rotten eggs. Bacteria acting on sulfate or organic sulfurcontaining materials in the absence of oxygen produce it. Only "special" water analyses can determine hydrogen sulfide levels. Total Hardness - the sum of all metal ions which react with soap to inhibit sudsing and form "scum" or "bathtub ring" - mostly Calcium and Magnesium. When heated or evaporated, hard water can cause lime scale that can deposit on sink and shower fixtures and walls and result in loss in efficiency or fuel waste in water heaters, boilers, and cooling systems. Total Alkalinity - the sum of hydroxide (OH-), carbonate (CO3'), and bicarbonate (HCO;) ions, which can combine with both acids and bases, which act to buffer water and prevent sudden uncontrolled changes in pH. Cations - ions (atoms or molecules with an electrical charge) with a positive (+) electrical charge, so named because they go toward the cathode in an electric field. Besides the hardness ions, the main cations in water are sodium, Na', and potassium, K•. Anions - ions (atoms or molecules with an electrical charge) with a negative (-) electrical charge, so named because they go toward the anode in an electric field. The main anions in water are hydroxide (OH-), carbonate (CO3 2), bicarbonate (HCO3) (which together comprise "alkalinity"), sulfate (SO.-'), nitrate (NO,-) and chloride (CI-). Nitrate/Nitrite, NO, -/NO, - important because of toxicity to infants, nitrate comes from fertilizers and animal wastes. Water supplies with high nitrate levels should also be screened for agricultural pesticides and bacterial contamination. The mandatory limit under U.S. regulations is 10 mg/L. Sulfate, SO4-1 - a common mineral component, only rarely occurring at excessive levels, which can cause a temporary diarrhea in visitors who have not become acclimated to it. Recommended U.S. limit, 250 mg/L. Fluoride, F- - often added to water to Inhibit tooth decay. Mandatory U.S. limits range from 4.0 mg/ L in northern regions to 1.4 mg/L in southern regions (where more water in consumed). Chloride, Cl- - a common mineral component, can be found in elevated levels near seawater and other salt supplies, which can cause taste problems and can contribute to corrosion. Recommended U.S. limit, 250 mg/L. Iron, Fe - cause of metallic taste, rust stains on laundry and porcelain fixtures, and clogging/fouling of equipment. The recommended U.S. limit is 0.3 mg/L. Manganese, Mn - cause of metallic taste and black stains on laundry and porcelain. Often occurs In combination with iron. The recommended U.S. limit is 0.05 mg/L Mn or a total of 0.3 mg/L of Fe + Mn. Copper, Cu - cause of green stains on porcelain and fittings, seldom naturally -occurring, usually due to corrosion. The mandatory U.S. "actions level" of 1.3 mg/L is tied to the regulation for lead contamination due to corrosion of plumbing materials. Zinc, Zn - cause of metallic taste and upset stomach. Due to corrosion of galvanized plumbing materials. Recommended U.S. limit, 5.0 mg/L. Units of Concentration used in this Report gpg-abbreviation for "grains per gallon" calculated in terms of calcium carbonate equivalents. Multiply by 17.12 to convert gpg into either ppm or mg/L. ppm -abbreviation for "parts per million." Interchangeable with mg/L. mg/L-abbreviation for "milligrams per liter." Interchangeable with ppm. (There are one million milligrams in a liter of pure water). ppb -abbreviation for "parts per billion." Interchangeable with Ng/L or micrograms per liter. ug/L-abbreviation for "micrograms per liter." Interchangeable with ppb. (There are a billion micrograms in a liter). 1000 ppb =1 ppm; 1000 pg/L =1 mg/L Page 4 of 5 CONTAMINANT I PRODUCT RECOMMENDATION Alkalinity Softener Aluminum Softener Ammonia Dionization, Filtration Antimony Ultra Filtration, Reverse Osmosis Arsenic Arsenic Filter Arsenic +3 Arsenic Filter Arsenic +5 Arsenic Filter Barium Softener Beryllium Reverse Osmosis, UF, Softener Bromate Activated Carbon Cadmium Reverse Osmosis, UF, Ion Exchange Calcium Softener Chloride Ion Exchange Chromium Reverse Osmosis Color Activated Carbon Conductivity Dionization Copper Reverse Osmosis, Softener Fluoride Reverse Osmosis Hydrogen Sulfide Sulfur-Cleer Iron Iron Cleer Iron Bacteria Chlorine, UV, Ultrafiltration Lead Carbon Block, Faucet Filter, AquaCleer with RO Magnesium Softener Manganese Softener Mercury Carbon Block Mod Susp Solids Depth Filter, Particle Filter Nitrate/Nitrite Reverse Osmosis pH Calcite Potassium Softener Selenuim Reverse Osmosis Silica Reverse Osmosis Silver Reverse Osmosis, Ion Exchange, Activated Carbon Slime Forming Bacteria Chlorine, UV, Ultrafiltration Sodium Reverse Osmosis Solids (TDS, TSS, TS) each Reverse Osmosis, Dionization Strontium No Reliable Treatment Sulfate Ion Exchange, Reverse Osmosis Sulfate Bacteria Chlorine, UV, Ultrafiltration Tannins (if color is present) Carbon Filter Thallium Reverse Osmosis, Cation Exchange TOC Carbon Filter Total Coliform Chlorine, UV, Ultrafiltration Total Hardness Softener Total Phosphate No Reliable Treatment Turbidity Particle Filter, Depth Filter, Reverse Osmosis Uranium Ion Exchange Volitile Organic Compound Carbon Filter Zinc Reverse Osmosis, Cation Exchange Note: Not all product recommendation may be used to all states Page 5 of 5 1703337 Conti -of Number r.,.., J.,AL, AINAEYSIS REQUEST Culli;an International Com an •.`. �•;�,,;r". r; -,r J4ia', 93991'�',Hi p '►'Anai�•ticalLaboraton ggins Road Suite 1100 Rosemont, IL 60015 SAMPLE SUBAIITTED BY. Account Number: Name: �Nrt/� t c2 tyG ------ PhoneNut ibe : 1/1 E-MAIL: 1! 'r, G f1 m _.. _ Person 7 "ng Samp �L pI i;;.,::• Date Sam le Taken: p — Tone Sample Taken: CUSTOAI.ER INFORAIATI ON: Location Name: � Customer reported concern: S#aie: ( ftp; SAMPLE IiNFORAIATION: Water Supply: Private " ZMunicip'al Source: Surface 1vell Condition: Treated Untreated ✓Cloud Sample Point: Fauces I Colored Application: 73ousehold 1_ ornpnint Other < �A/ Comments:: Commercial National Account A.NALIISIS REQUESTED: Basic 117ell Expanded 11'ell Gold Well A _Realtor lVell Testing For Questions br Special Analysis contact Maria A40zdzen at (847) 430-1219 1. Let water,ron to drainfora SAA nli' G INSTRUCTIONS 2.. Remove aeratorfrom faucet 3:. Sanitize -faucet ivith alcohol u>ipes or by tlannino .4_ Wear gloves G 5: "Fill Sample Bottle to -%Nriihin I inch of cap and screw the cap tiglntl� on the bottle 6. Fill clear baeteria bottle to ��rithin two lines on bottle 7. Till out Sample Request completely. Failure to rejected for analysis. completely fill out request ,%Iill result in sample being S. Return both bottles in enclosed envelope using enclosed UPS shipping label. Send same dad as collection date Monday rlu u Thursday only. Drop them offal a manned store, not a drop bo>• 6/12/2017 Name: Address: City/State: Phone: Parameter Turbidity Visual Noticeable Odor Dissolved Solids TDS Hardness CACO3 Total Iron Iron after filtration pH Hydrogen Sulfide H2S ChlorineCL2 Total Alkalinity Sulfate SO4 Copper - Total Copper - Free Copper - Meta Total Coliform E -coli HPC -non pathogenic Iron Reducing Bacteria Sulfate Reducing Bacteria Slime Forming Bacteria Water Test Elder, Jarad.xlsx Culligan Water Test Jarad Elder 4280 CR 331 Sol; Co 970.618.6612 Recom. Max. Limit 0 500 10 0.2 0.2 7-8.5 0 0.5 500 250 1.3 Absent Absent Absent Absent Date Sampled: Location: Sampler. Mandatory.Limit .5 NTU 0 CoI1100 ML 0 Col/100 ML 6/7/2017 Test Date: 6-7-17 Well bead Tester Ralph C. Ralph Courter Results Clear None 1,160 4 1 7 None depending when drawn See H2S below mg/I grains/gallon mg/I mg/1 mg/1 mg/l mg/I mg/I mg/I mg/I httpsJ/us1-excel.officeapps.live.com/x/ layouts/xlprintview.aspx?&NoAuth=1&sessionld=12.87b4ddfd71a11.A88.1.V24.8474HolJvBTvnJ1g72hjf%2F%2B314.5.e... 1/1 July 7, 2017 RE: REVIEW OF TECHNICAL COMPLETENESS - ELDER MINOR SUBDIVISION MISA 05-17-8535 1. TITLE- Please see attached correct title work for the subject property 2. TABLE 7-107 a. The driveway for address and dwelling at 4280 County Road 331 meets the Roadway Standards for Primitive/Driveway as a single family dwelling ADT is 9.57. The driveway or ROW width meets the following standards: 15-30 feet ROW/driveway, single lane width 12', ditch width 3', cross slope 2%, minimum radius 40', maximum grade 12% and native material used for the surface (road base). b. The driveway for address and ADU 66 Chipperfield Lane meets the Roadway Standards for Primitive/Driveway as a single family dwelling ADT is 9.57. The driveway or ROW width meets the following standards: 15-30 feet ROW/driveway, single lane width 12', ditch width 3', cross slope 2%, minimum radius 40', maximum grade 12% and native material used for the surface (road base). 3. TOPO MAPS- Parcel boundaries identified 4. No further information requested S. No further action required on Mineral statement 6. OWTS- Permit Page attached (3 Pages Total) Misty Briscoe Garcia From: Patrick Waller <pwaller@garfield-county.com> Sent: Wednesday, June 28, 2017 2:46 PM To: Misty Briscoe Garcia Subject: Review of Technical Completeness - Elder Subdivision Misty, It was nice talking with you. Following-up on our conversation this morning: 1. The submitted Title Work appears to be for the parcel directly to the south. Please supply Title Work for the subject property. 2. Please provide a statement as to whether or not the driveways on the property meet the standards described in Table 7-107 of the Land Use and Development Code (Average Daily Trip or ADT for a single-family dwelling unit is 9.57). If the driveway does not comply with those standards, you must submit a Waiver from the Roadway Standards. Please contact me for further waiver information if the driveway does not meet those standards. 3. Please identify the parcel boundaries on submitted topo maps. 4. Per state statute, we are required to send any subdivisions to Colorado Geological Society (CGS). Therefore, we cannot waive the $600 review fee. Please let me know if you have any further information from CGS. 5. 1 spoke with the County Attorney and she said that the mineral rights statement that you referenced was sufficient. 6. Additionally, although we did not discuss this over the phone, the OWTS permit that you submitted for the main house did not include the permit page. Please resubmit the permit with all 3 pages. Please let me know if you have any questions on the above topics. As I said over the phone, I will be on vacation from JUly 11th until the 24th. If you need an extension for the completeness review, please let me know by July 7tn Have a nice day, Patrick Waller Senior Planner Garfield County Community Development Department 1088 th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-1377 ext. 1580 pwaller@garfield-county.com http://www.garfield-county.com/communitV-development 1111111111111111111 IN IN 1111111111111111111111111111 668730 02/16/2005 11:53A B1663 P224 M ALSDORF 1 of 1 R 6.00 D 22.50 GARFIELD COUNTY CO WARRANTY DEEDs d� a THIS DEED, made this I i�*'_ day of 2005, between DEBRA K. ENGELHARDT, ofthe County of Garfield and State of Colorado, rantor, and JARAD B. ELDER, whose legal address is 6450 County Road 319, Rifle, County of Garfield, State of Colorado 81650, Grantee: WITNESSETH, That the Grantor for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the Grantee, his heirs, successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Garfield, State of Colorado described as follows: A tract of land in the NE'/4 of Section 34, Township 6 South, Range 92 West of the 6" Principal Meridian in Garfield County, Colorado, and being more particularly described as follows: Beginning at apoint on the east right ofway line of County Road No. 331 (also being a point on the North/South centerline of Section 34, Township 6 South, Range 92 West of the 6' P -M., Garfield County, Colorado), whence the Center one-quarter coiner of said Section 34 bears S 00 ° 13'48" W 1677.09 feet; thence N 00° 13'48" E 360.00 feet along said east right of way line of County Road No. 331 and said North/South centerline of Section 34; thence along the southerly right of way line of County Road No. 326 (also being known as Chipperfield Road) the following three courses: S 81 °53'31" E 366.28 feet; thence N. 64°41'03" E. 289.72 feet; thence N 81 '43'13 " E 64.95 feet; thence, leaving said right of way S 08 ° 16'47" E 331.36 feet; thence S 81 'N'35" W 746.65 feet to the Point of Beginning, excepting therefrom a terminable life estate for the survivor of Kenneth A. Grant and Vera M. Grant previously conveyed, affecting a portion of the real property above-described, which life estate is set forth in that deed recorded in Book J'.. at Page c%),3 in the Office of the Garfield County Clerk and Recorder, and which life estate is further subject to certain terms and conditions set forth in a Memorandum of Understanding concerning the exercise of rights and obligations among the parties under such life estates, and of even date herewith, also known by street and number as: 4280 County Road 331, Silt, Colorado 81652. AND WARRANTS title to the same subject to the lien of the 2005 general property taxes, patent reservations, prior mineral reservations, and easements of record. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. LQO An k, 0,nqp aaJ:-- o- Debra K. Engelhardt l0 Q STATE OF COLORADO ) ss O COUNTY OF GARFIELD ) The foregoing instrument was acknowledged before me this , day of�b� 2005, by DEBRAK. fNGEL1 T. W ness nd anJofljg� . PAULAM co lksioKIEEP Notary Public �Jh oon l*%im • es 03/0 11008 t2�� .� !sa', ZIa 6c_. 4k2 331 S,tE, c-(1-<,sII.Sa, ALTA OWNER'S POLICY - 10-11-92 POLICY OF TITLE INSURANCE ISSUED Bir STEWART TITL- GUARANTY COMPANY SUBJECT `I'U THE EXCLUSIONS FROM COVFRAGF., THE FXCUTIONS IFROM _0VFRAGS CONTAINED lN-SC IIBDiJLE BAND THE CCINDITIOtS AND STIPULATIONS, S"1'l?WA;1 `l'I'I'Lll GUARANTY COMPANY, a Texas corporation, herein called the Company, insures, as oI' Dalc of Policy shown in Sched-uto A, apinst. loss or damage not excccding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or imerest describM in Schcdulu A being vestal other than as stated therein; 2. Atiy defect in or lien or encumbrance on the title; 3. Unmarketability of the title; . Lack of a right of auiss to and From the land. The Corripany will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as irlsnxed, but only to the extent provided in the Conditions and Stipulations. TN WITNESS WHEREOF', Stewart Title Guaranty Company has caused this policy to be signed and ,sealed by its duly, audioriaed officers as of the Date of Policy shown in Scliedult; A. I l Chairman of the Boa ST.EWART TITLE 0MRAN TY COMPANY .. Cotmtersignede - � uthorized Countersignature STt WART TITLE OF Gt.ENWOOD SPRINGS, INC. krrmnw att�a7r�S9 President t9Q8 ;-a Agent ID -06051A The fttlloWligv mAtwrs are expressly excluded from the coverage of this policy .and flit Company will no"t pay loss or damage, costs,* attorneys' fees or expenses which arise by reason of. 1. (a) Any law, ordinance or governmental regulation (including but not limired to building and inning laws, 'ordinarices: or regulations) restricting, regulating, prtihihiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvetuent now or hereafter erected on die land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or war; a parr or (iv) environmental protection. or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcemeul thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy, (b) :Airy governmental. police power not excluded .by (a) above; except to the extent that a notice of the exercise thereof or a'notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded it) die public records at bate of policy. 2- -Rights of eminent domain unless notice of the u:xcrciscthereof has been recorded in the p€iblic .records .at hate of Policy, but not _excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, enetirnhranccs. adverse claims or ottirr matters: (a) created, suffered, assumed or agreed. to by the insured Claimant: (b) not known to the Company. not recorded in [lie public rvwrds at Tate of Policy, but known to the insuitil claimant and not diseloscd in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under thin policy; (c) resulting in no loss or damage to the insured claimant: ,(d) attaching or created subsequent to Date of Policy; or (e) resutlrng in loss or damage which would not have been sustained if the insured claimant had.paid valva for the estate or inthitet insured by'this policy - 4. Any claim, which arises out of die tratisaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws: that is hased on: (a) the trarimetion creating the estate or interest insured by this policy being deemed a fraudutent aonveyaiice or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential translcr except where the preferential transfer results from die Nituru: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a iudement or lien creditor. Scriai No. 0-9701-316732 CONDITIONS AND STIPULATIONS 1, DEFINITION OF TERMS. The following FerFns when used in this policy mean: {a) "insured": the insured named in Schedule A, and, ,uhjcc1 [o any -rights "ioi defenses the Colmparty would have htid against the named insured. those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, ne til of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or uofioe . which tray be imputed to an insured by reason of the public records as defined in this policy or any other records which impart cnnstructive notice of matters affecting the land, (d) "land": the land described or referred to in Schedule !t, and improvements affixed thereto which by law constitute real .property: The terin "land" does not include any property beyond the Eines of the area described 'or referred to in Schedule A, nor any rigill, title, interest, estate or easement in abutting :streets, roads, avenues, alleys, lanes, ways or waterways, -but nothing herein shall modify or limit the extent W which a right of access to and from the land is insured by this policy. (e) "mortgage"-: mortgage, deed of trust, trust deed, or other security instrument. (f) "public retards": records estahlishcd understate :statutes at Date of Policy for lire pui•pose`of ilripaning cotistrtrctive notice of matters relating to real prope;'ty, to purchasers for value and without knowledge. With respect to Section 1(a) (h,) of the Exclusions From Coverage, "public records' shall also include environmental protection liens filed in the records of the cleik of the United States district court for the district in which the land is located. (g) "unmarketabiGty of the title": an alleged or apparent matter affecting the title to the larid, not excluded or excopteA from [;overage, . whicli would entitle a purchaser of the estate or interest described in Schedule A to be released from the'obligation to purchase by virtue of . .a contractual condition requiring the delivery of marketable title. .2. CONTINTiATION OF INSURANCE AFTER CONVEYANCE OF TITLE:. The coverage of this policy shall continue In force as of Bare of Policy in favor of an insured only SO 1011$ aS the inured retainS'an- - .. estate or interest In the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser fro111 the insured, . or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of tale estate or interest. This policy shall not continue in force in favtor of any purchaser from the insured of either (i) an estate or interest .. in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF MUM TO BE GIVEN Ili' INSlJRFD CLAIMAINT. The insured shall notify die Company promptly in writing (I) In case of any litigatioin as set forth u1 :Section 4(a)' belo , (ii) in ease - _knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the Estate or interest, as insured, and which might cause logs or damage for which the Company may be liable' by virtue of this pobicycor (iii) if title to the estate Or interest, as insured, is rejected as utnnarketabic. If prompt notice Shall ;lot be. given to the Company, ibetn as to the insurcd all liability ' of the Company shall terminate with regard to the matter or matters for which prompt notice is-r[xltiirs=d; provided; li0Aever, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall he prCjudiccd by the failure and then only to the extent of the prejudice. .4. DEFENSE AND PROSECUTIONOF AMNIONS; DUTY OF INSURED CLAIRNLANT TO CCIDI'tRATF. (a) Upnn written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the : Coilipany, at its oven cost and without unreasonable delay, Shall provide for the defense of an insured in. Jitigation in which any third party asserts a claim adverse to the title or interest as insurcd, but only as to those stated causes -of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the . : 'right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and Will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by tete insured in the defense of those causes of action which allege matters not insured against by this policy. (h)'I`he Company- shall have the right, at its own cost, to institute and prosccute any action•or proceeding, or to do any other act which h.i its opinion may be necessary or desirable to establish the title to the estate or Interest, as insured, or to prevent or reduce loss iir damage ' to the insured, The Company -may take any appropriate action under the terms ur drispolicyi whether or not it shall be liable hereunder, " and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as yequ ire d ;or permitted b4 tbe'provisions of"tiiis policy, tite Contpany may pursue any litigation to final determination by a court of competenf jurisdiction and "cxpi•essly reserves the right., in its sole discretion, to appeal frotil ally adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceed- ing, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpnxc. Whenever requested by the "Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining -witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any oiher iaWful act which in the opinion of the Company may be necessary or desirable to esmblislt the title to the estate or interest as insured, :If the'Company is prejudiced by the - Wiurc of the insured to furnish the required cooperation, the Company'.,; obligations u) .the insured u;ider -die policy shall terminate, including any liability or obligation to defend, prosecute, or continuE any litigation, with regard ' to the matter or matters requiring such c[xlperatit;n: ' -ALTA OW -AWS POLICY -oiler riyTt lf: A SCHEDULE A Order Numher.' `{}5606439 LEGAL bFSCRIPTION ALTA OWNER'S POLICY SCHEDLTLE Carder Num* ber: o5p(tdD39 Policy No,: 0=9701-316732' Thin policy does not insure against loss or damage (and the Cothpany will not pay gists; attariieys' fetes'or expenses) Which arise by reason of: . 1, Righcs-Or claims of parties iii possessioii,'not shown by the public rewrds. 2. Ease iitents, .or, claims of easerrients, not shown by the public records. 3: Discrepancies, conflicts iii boundary lines .shortage in area, cncroachriients,: and any: facts:..Which a correct .survey and inspection of the prernises would disclose and which are not shounl'by the -public records, 4. .Any, lien, or right to a lien; : for services, Taber or material heretofore or .hereafter furnished; .imposed by law and not shown by the pubtic records_ -5. Unpatentert rriining claims; reservations or exceptions -in patents, or an act aiithorizitig .the issuance thereof; water rights, claims or title to water. - 6. .Taxes, far the year 2005, andyears," special assessments 'or*! charqim not certified to the County Treasurer. . 7. 'rhe effect of inclusions iit ariy 'general or specific water ctiriAervancy, fire" protection, -sail conservation or other district or inclusion in any waatet service or street improvement Area. S. -Right-of way foi ditc' ie"s'or canals .can.atructad by* the "authority of the 7j"ni.ted States, --as reserved in United States Patent. recorded Do6ember 17':: 1511 in' Book 71 at .Pagek 516 as ReCaption bio.. 43188. 9. The Smart Ditch statement and Map recdrded October 25, :1945- as 'nddept on t;%: 3fl, .The Sivart �3itah Ca..T�eedei Ditch. Statement and'Map recorded .september l,:.1906 in Book 62 at Page 292 as Reception No. 35673. 11. .warranty Deed recorded Deaeinbek 13, 1950 in Rooke 255 at .Pa§e-493'6s Reception' No. 174442,and any .and all assignments of record, or s�tYteriviee, thereof, 'or interests therein.. 3:2, 14arranty 'Dee8 recorded Jaxivary4 , 3.963 in Book 346 at .page 320 as Reception` Na: 21.9990,and any'and all assignments`of record, or otherwise, ..thereof, or. i.titerests therein. 13.-Warriinty 1)061 re,c6rded -February 28, 1969 in Sook 400 at' Page 86 -aa Heciaptz.on No. 242860,and-any and all assignments of record, or thereof ..Or or interests therein. 14:' Rept7lutaosi #$Z-$5 recorded April 16, 19B2 in ;Book 597 .at .Page 285 as":Reception Contintied on n.eiCt : pane C6ntinuatio of SG7.isdule AL A':Owner's Policy Policy Number: 4-9701-316732 No. 326769. 15. Moly Cross-Electric:AsabCiation _Zn Right of Wdy Easement roCOYdFd August 1r 1989 in Book 553 at Page 195 as .Reception No. 305184. .16. Holy .Crass Electric Association, Inc. Right of 'Way' Easement* recorded .kdreh :1982 in.Book 594 at Page 994 as Reception No. 325769. IV Holy `Crtisb Einergy sight of Way Easement recorded November 6, X001 in Book 1300 at Page 954 "ss Reception .No. 591391. 1.8.. Holy Cross Eiiergy Contract for Electric Service .(Ir�dividu ls) reC6rc3ed November 19, 2001 in Book 1303 at Page 931 as Reception No. 592489: ResolutibxtNo.:2001--95 -recorded January 7$, 2002 .1n Hook 1324 at Page `.320 as Reception Nc+. 596442. 20. Oil aurid Gas Lease recorded June 11., 2003 in Book 1479 ..&t, Page 601 .as Reception No.- 629197, and any and .all .assignments of record, or othdi:wise, .thereof, or inte'rests.therein;:and other -Oil and Gas Leases of record. 21. Aty adverse`mattsrs disclosed on'.the Improvement Location 06 rti.-ficat,e dated February 1, .2005 by 13ookcliff Survey Services, Inc. as Job No. 05031�O1... 22: -Mattersrecorded February 1.6, :2005: in Hook 1653 at : Page 223 as Reception No. 668729_ 23. batters, disclosed in WArranty Deed recorded reYiriiary .16, 2005' a.ti'Book 1663 at Page 224'as Reception No. 668730. 24.' Dred •of Trust .from FARAD B. ELDER to the Public Trustee of - Garfield County,: f'or the use of WELLS PARGO BANK, :N.A: .to secure $180,000.00, ..dated EBRU SR'I. 11; '2005] .recorded FEBRUARY 16, 2005, in Book 1663 at Page 225 as:lde�cepCian Na:.. 668731.. 25: Beed of Trust Froin -JAR.AA B: .9LDER to the public trustee of Garfiald Cotinty, for' the use of'WELLS FARG(7 BAIi%C, N.A. to secure $25,ODO.00, dated FEBRUAAY 1.1.; 2005, recorded TBBRtTARY 16, 2005, in Book 1663 at Page 341 as Reception No: 658732.. CONDITIONS AND S`fIl?`I.ILATIONS Continued 5. k0OV OF LASS OLi DMUGE. In addition to and after the notices required under Section 3 of these' C,nnditions and Stipulations have been pnivided die C621i0 iry, a proof of'loss or damage sighted and swom to by the insured claimant shall be furnished to Uie Company within 90 days after tha instated claimant shall ascertain tht factfi giving rise to the loss or damage. Tbc proof of lnss or damage shall describe the denier in. or lien or encumbrance on tiie title, or ocher rrilluer insured against by this policy ivlilch constitutes the basis of loss or damage and shall state, to the extent possible, the basis -of calcntating the amount of tl•,e lnss or damage. If the Company is prejudiced by the failure of the insured claimant m provide the required proof of loss or damage, Ute Company's obligations to the insured under the policy shall xetmiriate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage, . In addition, the insured elarmant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying. at such reasonable times and places as may lie designated by any authorized ri;presemative of the Company. all rrcvrtls, books, ledgers, checks, correspondence and memoranda, whether bearing a date befune or utter Bate uCPolicy, which reasonably pertain to Ill,-Joss or damaga. further, if reques(ed by any authorized representative of the Company, the insured claimant shall grant its permi.ssinn, in writing, fol• any authorized ieptesentative of the Company !o examine, inspect and copy all records, bnoks, ledgers, checks, correspondence and maniorauda in the custody or control of a third "party; which reasonably Pertain to the loss or damage- All information, designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of The Company, it is necessary in the administration of the claim. Failure of the insured claimant m submit for examination under oath. produce other reasonably requested information or grant permissint•i to secure reasonably necessary information Flom third parties as required iti this paragraph shall terminate any liability of the Company under this policy as to that chin). G. OPTIONS T4 PAY OR OTfWRWISF, SRM.E C;LAMIS; TERMIN4T ON Or LIABILITY. In case of a claim under this policy, the Curnpatty shall have the following additional options; (a) To Pay or Tender Paymea of the Amount of Ju."iranee. Tta pay or tender piyment of dtc amount of insurance untler this policy together widt any costs, attorneys' fees and-expenses incurred by the-insured claimant, which were authorized by the Company, lip to the time of payment or tender ofpayment and which the company is obligated to pay. Llpnn the esercisc by die Company of this option, all liability and obligations to the insured under this polic.y,`otberlhari fn make" the payment required, shall tel-iii .hiate, itit`.ludine any liability or obligation, in defend, prnstcute, or continue any litigation, and the policy -shall be surrendered to Ube Company for caricellation_ (h) To Pay or Otherwise Settle Willi 1'arlies Oiltcr itrau Elle Tiisured or With the Tnstrred Claimant. .. {i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured againstundds r Otis policy; together pith any costs, afrnmoys' 'fccs and expenses incurred by the insured claimant which were authorized by the Company lip to the lime of payment and which the Company is obligated to pay; or to pay or iithertvise settle "with Ute insured claimant the loss tar damage provided for under this policy, mgethet' with "any c(tsts: attorneys' fees'aiai expenses iucurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated id pay. Upon the exercise by the Company of eitkter of the options provided lot- in paragraphs (b)(i) or (it), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute.or continue any litigation. 7, llE'1'ERMINATION, EXTENT OF LIABILITY AND COTItiS1TRANCF. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured cltihnant Who'hm sQfteie d Inns or damage by reason or matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not execed the least of: (i) Pie Amount of Insurance stated in Schedule A: or, (ii) th"c difference between the value of the insured estate or interest as in% T-d and the value of the insured estate of intefest subject to the defect, lien At etirt rn- braltee insured uguitrst by this policy. (h) In the event the Amount of Insurance stated in Schedule A at'the Date of Policy is less than 80'pereent of the value of die insured estate or interest or the full cotisiaeration paid for Ute land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land w iich Jkreasi;s the i,aluc of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A. than this Policy s subject to tita'followiirg: - .(1) where no suhsequent improvement has been made, as to any partial loss. the Company all only pay the loss pro rata! in rile prOpOYhUn that the a371QlInt of insurance'at Date of Policy bears w the ictal value of the ilisured estate or hrterest at Date of Policy; or (ii) where a subsequent improvement has been ma&,"as to any partial tuns, the Cumpauy shall unly pay die loss pro'rato in the proportion that 120 percent of the Arno'urd of lnsunin(e stated hi Schedule A bears to Ure sum of the Atuount of Insurance stated in Schedule A and the amount'expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' Ices and expenses Air which the Company is liable uixier this policy, and shall only apply to that poitiou of uny loss which exceeds, ill lite aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Scttiun'4 of these Curiditiuns and Stipitlatiolis. 8, APPORTIONMEiNT.' if the land described in 5cticdule A consists of two or more parcels which are not used as a single sate, uhd u loss is establiahPd afCeciiue one "oi"more of rile parcels but not �Il, the loss shall be, computed anti settled on a pro rata basic as if the amount. of insurance under this policy Seas divided pro rata as to the value on Date of Policy of each separate parcel to the Whole, exclusive of any troy ovoitionts made sabse(Inen,` to Date of Policy, unless a liability -or value has otherwAe been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an cxpress s(awnient or by an endorsement attached to this policy. (corrtinired and concluded on last page of this policy} (ALTA Owner's Fahey) 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removte the alleged defect, lien or encumbrance, or cures the lark oz a tight Of access to br from the [and. or cures the claim of urnnatketahility of title, all as insured, in a reasonably dibgeut warmer by any method, including litigation and the completion of any appeals therefrnnt, it shall have fully performed its obligations with respecc to that matter and shall not he liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or Willi the Company's consent, the Cornpt rty' shall have no liability for IOSS ur damage until there has been a Fwal determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to. the tide as insured. (c) The Company shall not be liable for loss or damage to any insurers for liability voluntarily asstnne< .by the insured in settling ally claim or suit without site prior written consert of die Company- 10. REDUCTION OF INSURANCE, REDUCTION OR TERi14INATiON Our LIABILITY. All payments under ibis policy, except payments made for costs, aaorneys' fees and expenses, sisals iedui;e the atnourit ofthe insurance pro-tanto. 11. LIABILITY NONCUMULATrVE, It is expressly understood that the amount of insurance under this policy shall be mduccd by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has ap z:ed, assumed, or taken suhiect, or which is hereafter executed by an insured nerd which is a charge or lien on die estate or interest described or referred to in Schedule A. and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payin,eut shall be made without producing this policy for endorsement of the payment'unless the policy has been lost or'destroyed, in which case prbof of Ions or destruction shall be furnished to the satisfaction of the Company. (b) %Vheu liability and die extent of loss Or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage "shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SE`iTLMIENT. (a) The Companv Is Right of Subrogation. Whenever the Company shall havetsettled and paid a'clirnl under Hiss policy, All right of subrogation s tall rest in die Cortipaity unaffected bjy any act of the insured claimant. The Company--shall be. subrogated to and be entdded to all rights and remedies which the insured clainFaut would 11,de had against any person or propene, in respect to the chum had this poli;.,y not b=n issued. if requestt:d by the Company, the insured claimuut shall transfer w the COrnpuriy ail rights and temedres against troy person or property necessary in orderto perfNct this right of suhrogation. The insured claimant shall petmir the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction in litigation involving these rights or remedies. If a payment on account of a claim does not %Hy cover the loss of the insured claimant, the CDtnpany shall he subrngated m these rights and remedies in the Proportion which the Company's payment bears to the whole amount of the loss- If loss should result from any act of the insured claimant, as stated above, that act sball not void this poldcj , but the Company; in that event, shall be, requiter) to pay only that part df any losses tnsurcd against by this policy which shall exceed the amount, if any, lost to the Company by mason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of suhmgation against non-insured Obligors shall exist and shall include, Without limitation, the lights of the instired to indemnities, guaranties, outer policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which proi'itle frit subrokation rights by mashie of this pmlicy. 14. ARBITRATION C rites prohibited by applicable law, either the Company or the insured tory demand arbitration pursuant to the Title lnstironce. Arbitration Rulc of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company'and the insuTud arising out of or relating to this policy, atry service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,MO,(Y(1(i or less .shall he arbitrated at. the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,0()0 shall be arbitrated only when agreed to by both the Company aad the insured. Arbitration pursuant to Us policy and under the Rules in effect on the date the dernand for .arbitration is made or, at the option of the insured, the Rules in effect at Data of Policy shall be binding upon the patties, The award may include attarneys' fees Only if the laws of the state in which the land is located permit a couit to nvrard-artorneys' fees tri a prevailing. parry.-Iudgment ulinn-the award rendered by the Arbitra(or(s) may be entcrcd in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Tide Insurance Arbitration Rules. A eopy of the RulcS may be obtained from the Company upon lvjuest. 15. LIABILITY LiMI7 , D TO THIS POLICY; POLICY ENTIRE CONTRACT. (a)'rhis policy together with all endorsements, if any, attached hereto by (be Cumpaay is die'enlire'policy and contract tretween the utsured and the Company. In interpreting any provision of this policy. this policy shall he construed as a whole. - (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of die title to lire estate or irderest covered hereby or by any action asserting such claim, shall be restricred to this policy. (e) No ameridmciat of or endorsement to this policy can be made except by a writing endorse'd hereon or attached hereio'signed by either #ho Presideri#, a trice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. . 16. SEWRABILITY. in the event any provision & the policy is held int ibd ire unenfdre ibEe staler apphrabie law, tire. policy ha11 ire' deetfted riot to include that provision nftd al other provisions shall remain in frill fotce And effect. 17. NOTICES, GVI11✓'RE SENT. All notices required to be given the Company and any statement in writing required to be tiifnished the Y;ompaby sliest include the number of this policy and shall be addimssLd to the Company at 11.0, Box 2029, Houston, Texas 77252-2029. ST EWART TITLIE GUARANTY COMPANY y ' f O {26 Pr lam.Aa ''pw.--- f�- IIRRI mix 7/7/2017 Go gle Maps Silt Silt - Google Maps t 1 i � a 0 _. O ` � 1� 1,, 'fin E�a Go gle Ell Map data ©2017 Google 2000 ft, Silt Colorado Sunny • 85°F 11:11 AM Quick facts haps://www.google.com/maps/place/Silt,+CO/@39.4863684,-107.6558145,14z/data=!4m5!3m4! 1 sOx874115865786d5bd:Oxce7cfeaff3l663bf!8m2!3d3... 112 7/7/2017 Silt - Google Maps Go gle Maes Silt s r o low s' Goog� fEll♦ 1 — Map data @2017 Google 1000 ft, I Silt Colorado Sunny •85T 11:11 AM I- — — --- -- Quick facts https://www.google.com/maps/place/Silt,+CO/@39.4863684,-107.6558145,15zldata=!4m5!3m4! 1 sOx874115865786d5bd:Oxce7cfeaff3l 663bf!8m2!3d3... 1/2 7/7/2017 :: Maps 4280 Co Rd 331 4280 Co Rd 331 - Google Maps Imagery ©2017 Google, Map data ©2017 Google 1 mi 4280 Co Rd 331 Silt, CO 81652 You visited yesterday https:llwww.google.com/maps/place/4280+Co+Rd+331,+Silt,+CO+81652/@39.4738563,-1 07.6528646,19645m/data=!3m 1 ! 1 e3!4m5!3m4! 1 sOx874116... 1 /1 Owner: XI ' ./ ;,I -i INDIVIDUAL HOME SEWAGE TREATMENT SYSTEMS APPLICATION Date /0 0 Mail Address:-1��tY� =; �/ ,{�c+� City: :61 Zip: Phone: ;I_VL INFORMATION REGARDING PROJECT SUBMITTED FOR REVIEW Attach separate sheets or report showing'entire area with respect to surrounding areas, topography of area, habitable buildings, location of potable water wells, soil percola- tion test holes, soil profiles in test holes (see Page 3). Near What 1. Location of Facility: County GARFIELD City or Town Location Address &/or Lot Size z Legal Description ��-�/�e � ->r -- 2. No. of Bedrooms _ _ Septic Tank Capacity Aeration Unit Capacity _ N/A 3. Source of Domestic Water: Public (name): i( Private: Well _ Depth & Other �. Depth to 1st ground water table ._.12)eL 4. Is facility within boundaries of a city/town or sanitation district? 5. Distance to nearest sewer system: Have you attempted to arrange a connection with the system? If rejected, what was the reason? 6. If R.P.E. tested, state rate of absorption in test holes shown on the location map, in minutes per inch of drop in water level after holes have been soaked for 24 hours: 7, Name, address, and telephone of R.P,E. who made soil absorption tests: 8. Name, address, and telephone of R.P.E. responsible for design of the system: 9, Express permission is hereby granted for the inspection of the above property by any member of the Garfield County Building & Sanitation Department and/or such persons as they may designate. Any withdrawal of this permission shall be in writing and receipt acknowledged by the County Building & Sanitation Department. 10, I have been given an opportunity to read the Individual Sewage Disposal Systems Regula- tions of Garfield County and I hereby agree to comply with all terms, conditions and requirements included therein. / " c", 4p 1 ate Sig nature o pp t (TO RE RETURNED TO ENVIRON. HEALTH DEPT.) GARFIELD COUNTY BUILOI AND SANITATION DEPARTMENT 2014 laka Avenue Glenwood Sp rigs, Colorado 81601 Phone ($03) 945.8241 • This does not constitute INDIVIDUAL SEWAGE DISPOSAL PERMIT, a building or use permit. do Owner KO ne h R Matti n l e St 4 miles e h Silt System Location _� �. Licensed Installer a " Conditional Construction approval is hereby granted for a, Z ►250 gallon _CSX_ Septic Tank or Aerated treatment uitit. Absorption area (or dispersal area) computed as follows: Parc rate of one inch in minutes requires a m'nirrium of ' - V sq. ft. of absorption area per bedroom. Therefore the no. of bedrooms 4 x ft. !minimum requirement « a tots! of �sq. ft. of absorption area. r / I May we sug st l 1 (U V % 3 Date D { Inspector.—I FINAL APPROVAL OF SYSTEM: No system shall be deemed to be in compliance with the Sewage Disposal Laws until the assembled system Is approved prior to cover. Ing any part. Septic Tank access for inspection and cleaning within 12" of ground surface or aerated access ports above ground surface. Proper materials and assembly. Trade name of septic tank or aerated treatment brilt. Adequate absorption (or dispersal) area. _ Adequate compliance with permit requirements. i r Adequate compliance with County and State regulations/requirements, Other 12 D,►te_a,�-S� . _ ��� � 92 Inspector RETAIN WITH RECEIPT RECORDS AT CONSTRUCTION SITE `CONDITIONS: 1. All installation must comply with all requirements of t 'e County Individual Sewage Disposal Regulations, adopted pursuant to au. thority granted in 66.444, CRS 1983, amended 66.314 CRS 1963, 2. This permit is valid only for connection to structures which have fully complied.with County zoning and building requirements. Connection to or use with any dwelling or structyres not approved by the Building and Zoning office shall automatically be a viola'. tion of a requirement of the permit and cause for both I#'gal action and revocation of the permit. 3. Section ill, 3.24 requires any person who constructs; otters, or installs an individual sewage disposal system in a manner which in. volves a knowing and material variation from the terms or specifications contained in the application of permit commits a Class 1, Petty Offense ($500.00 fine — 6 months in jail or both).: Applic*nt: Orton CoPv D000rtmant: Ptnk Copv _ rar - s — _ _ii1 PLEASE DRAW AN ACCURATE MAP TO YOUR PROPERTY INDICATE BELOW THE LOCATION -OF-YOUR BUILDINGS, WATER SUPPLY AND DISTRI- (TO BE RETURNED TO ENVIRON. HEALTH DEPT.)