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Home My WebLink About1.0 ApplicationOcs' e Community Development Department ,11 ` q4 as 8rh Street, Suite 401 g 01 wood Springs, CO 81601 atk (970) 945-8212 G0\vs1 www.garfield-countv.com Garfield County DIVISIONS OF LAND APPLICATION FORM I TYPE OF SUBDIVISION/EXEMPTION _ • Minor Subdivision • Preliminary Plan Amendment Major Subdivision o Final Plat Amendment • Sketch • Preliminary • Final • Common Interest Community Subdivision Conservation Subdivision • Public/County Road Split Exemption • Yield • Sketch • Preliminary • Final • Rural Land Development Exemption • Time Extension INVOLVED PARTIES Owner/Applicant Name: Larry Todd Lorentson Phone: ( 970 ) 366 0450 Mailing Address: 1510 Forest Service 300 Rd. City: Glenwood Springs E-mail: tlorentson@att.net State: CO Zip Code: 81601 Representative (Authorization Required) Name: Malcolm Ross Terry Phone: ( 970 ) 309 7558 Mailing Address: 1510 Forest Service 300 Rd. City: Glenwood Springs E-mail: ross1@sunlightmtn.com State: CO Zip Code: 81601 PROJECT NAME AND LOCATION Project Name: Amended plat of the Lorentson exemption plat Assessor's Parcel Number: 2395 - 321 - 00 - 082 Physical/Street Address: 1510 Forest Service 300 Rd. Glenwood Sp. CO 81601 Legal Description: See attached tax record Zone District: rural Property Size (acres): 90.59 Project Description Existing Use: vacant land Proposed Use (From Use Description of Project: Table 3-403): Move existing lot line of the Lorentson Exemption Parcel appx 217 feet to add 2 acres to the exemption parcel Proposed Development Area Land Use Type # of Lots # of Units Acreage Parking Single Family Duplex Multi -Family Commercial Industrial Space _Open Other Total REQUEST FOR WAIVERS Submission Requirements fl The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Improvement agreement Section: Section: Section: Waiver of Standards CI The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. 1/29/18 Signature of Property Owner Date OFFICIAL USE ONLY File Number: L P A, - 2 Fee Paid: $ 00 . 00 1/29/2018 Account Account: R080608 Location Account Number R080608 Parcel Number 2395-321-00-082 Situs Address City Glenwood Springs Tax Area 008 - 1G -DF - 008 Legal Summary Section: 32 Township: 7 Range: 89 W2NE(NET 73.63 AC). EXCEPT A TR IN NWNE CONT 6.37 AC. ALSO, THAT PT OF SENW LYING N OF A LINE RUNNING PARALLEL TO 4 MILE CRK & 200'S OF THE C/L OF 4 MILE CRK CONT 21.96 AC. EXCEPT A TR CONT 3 AC AS DESC IN REC #538800 & 1119/937 AKA LORENTSON EXEMPTION. EXCEPT A TRACT OF LAND CONT. 2 AC. +/- AS DESC. IN THE AMENDED LORENTSON EXEMPTION PLAT REC. # 870055. Transfers Sale Date 01/19/1977 09/18/1987 10/12/1990 09/08/1992 03/18/2011 10/17/2011 08/16/2014 08/16/2014 09/17/2015 Tax History Tax Year 2017 2016 Taxes $6,727.52 $7,000.20 Owner tram !nation Owner Name LORENTSON, LARRY TODD Owner Address PO BOX 932 KOKOMO, IN 46901 Sale Price 2 $316,50 Images http://act.garfield county.com/assessor/taxweb/account.jsp?accountNum=R080608&guest=true Assessment History Actual (2017) $317,000 Assessed $91,930 Tax Area: 008 Mill Levy: 73.1810 Type Actual Assessed Acres SQFT Units Land $317,000 $91,930 90.590 0.000 0.000 Doc Description PERSONAL RLP DEED COURT DECREE OPTION Trustee's Deed Cert. Foreicn Letters Appoint. Pers. Rep.'s Decd $tatetnent Of Authority Soecial Warranty Deed Plat 1/1 Garfield County 06 Community Development Department �� 108 8i" Street, Suite 401 "' 17" lenwood Springs, CO 81601 RF1c4 DE D��N� (970) 945-8212 CaM�V�I[`{ www.garfield-countv.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION • Minor Subdivision • Preliminary Plan Amendment Major Subdivision o Final Plat Amendment • Sketch • Preliminary • Final • Common Interest Community Subdivision Conservation Subdivision • Public/County Road Split Exemption • Yield • Sketch ■ Preliminary • Final • Rural Land Development Exemption • Time Extension INVOLVED PARTIES Owner/Applicant Name: Malcolm Ross & Theresa Marie Terry Mailing Address: 1510 Forest Service 300 Rd. City: Glenwood Springs E-mail: ross1@sunlightmtn.com Phone: ( 970 ) 309 7558 State: CO Zip Code: 81601 Representative (Authorization Required) Name: N/A Phone:( Mailing Address: City: State: Zip Code: E-mail: PROJECT NAME AND LOCATION Project Name: Amended plat of the Lorentson exemption plat Assessor's Parcel Number: 2395 - 321 - 00 - 147 Physical/Street Address: 1510 Forest Service 300 Rd. Glenwood Sp. CO 81601 Legal Description: Section 32 Township 7 Range 89A TR IN NW NE Cont 5 AC AKA Lorentson Exemption Zone District: rural Property Size (acres): 5 Project Description __- Existing Use: 5 acre residential Proposed Use (From Use Description of Project: Table 3-403): Move existing lot line appx 217 feet to add 2 acres to the exemption parcel Proposed Development Area Land Use Type # of Lots # of Units Acreage Parking Single Family Duplex Multi -Family Commercial Industrial Open Space Other Total REQUEST FOR WAIVERS Submission Requirements O The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List: Section: Improvement agreement Section: Section: Section: Waiver of Standards ❑ The Applicant is requesting a Waiver of Standards per Section 4-118. List: Section: Section: Section: Section: I have read the statements above and have provided the required attached information which is correct.a d accurate to the best of my knowledge. Signe o Property Ow OFFICIAL USE ONLY 7 File Number: 1/29/18 Date `1 ICS Fee Paid: $ 00 D0 AZGarfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") Malcolm Ross and Theresa Marie Terry agree as follows: 1. The Applicant has submitted to the County an application for the following Project: Amended Plat of the Lorentson Exemption Plat 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. 1 hereby agree to pay all fees related to this application: Billing Contact Person: Ross Terry Billing contact Address: 1510 Forest Service 300 Rd. City: Glenwood Springs Phone: ( 970 ) 309 7558 Billing Contact Email: rossl@sunlightmtn.com State: CO Zip Code: 81601 Printed Name of Person Authorized to Sign: Ross Terry r 1/29/18 (Signature) (Date) Amendment to the Lorentson Exemption Plat Request This project involves shifting the existing east lot line of the Lorentson Exemption Plat which is a single family residence parcel owned by Malcolm Ross and Theresa Marie Terry approximately 217 feet to the east increasing the lot size from 5 acres to 7 acres. The adjoining parcel consists of approximately 90 acres of undeveloped land owned by Larry Todd Lorentson and was the fathering parcel of the original Lorentson Exemption. No changes to the existing access easements, drainages, utilities, infrastructure or other article 7 standards are proposed. A waiver for submission of an improvements agreement is requested because there are no improvements on the affected property. There are no liens, covenants or other restrictions affecting either parcel. Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2395-321-00-147 and 2395-321-00-082 DATE: January 26, 2018 OWNER: TERRY, MALCOLM ROSS & THERESA MARIE (2395-321-00-147), and LORENTSON, LARRY TODD (2395-321-00-082) PRACTICAL LOCATION: Approximately 6.5 miles southwest of the City of Glenwood Springs, Colorado (1510 Forest Service Road 300 - 2395-321-00-147) TYPE OF APPLICATION: Amended Final Plat for Lorentson Subdivision Exemption Amended Final Plat, Lots 1 and 2 (Reception Number 870055) I. GENERAL PROJECT DESCRIPTION The Applicant is requesting an Amended Plat to adjust the lot lines between the existing Lot 1 and Lot 2 of the Lorentson Exemption Amended Final Plat (Reception Number 870055) recorded in 2015. Both Tots are located within the Rural Zone District. There is currently a single family dwelling on Lot 1 while Lot 2 is vacant. Lot 1 is owned by Malcolm Ross and Theresa Marie Terry while Lot 2 is owned by Larry Todd Lorentson. The amendment would shift the property line between the two parcels, resulting in an increase in the size of Lot 1 (5 acres) and a decrease in the size of Lot 2 (89.63 acres). No changes to the existing access or utilities are proposed as a result of the amended plat. In addition, no nonconforming conditions have been noted which would result from the lot line modification. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Garfield County Land Use and Development Code, as amended (LUDC) - Sections: • Garfield County Comprehensive Plan 2030 • Garfield County Land Use and Development Code, effective July 15, 2013 • Amended Final Plat (5-305), following Administrative Review (Section 4-103) • Table 4-102, Common Review Procedures and Required Notice; • Table 5-401, Application Submittal Requirements 111. REVIEW PROCESS The process to accommodate this request shall require submittal of an amended final plat processed by Administrative Review pursuant to the LUDC. • The review process shall follow the steps as contained in Section 5-305 (see attached flow chart and below outline). • Pre -Application meeting; • Submittal of Application (3 copies plus one electronic); • Completeness Review; • Submittal of additional materials (if needed) and copies for Referral agencies (21 day review); • Setting a date for the Directors Determination; • Public Notice 15 days prior to the Director's Determination to property owners within 200 feet and mineral rights owners on the subject property; • Directors Determination including any conditions; • A 10 day Call-up Period after Director's Decision is made; • Finalizing the Plat and satisfaction of any conditions; • Circulation for Applicant/Owner and other signatures; • Board of County Commissioners execution of the plat as a consent agenda item; • Recording the Plat and Boundary Line Adjustment with the County Clerk and Recorder. IV. SUBMITTAL REQUIREMENTS Please refer directly to Table 4-201 and the list of General Application Materials in section 4-203.B. These application materials are generally summarized below: • Application Form (Signed by property owners of Lot 1 and Lot 2) • General Description of the request outlining the reason for the Amended Final Plat. ■ Ownership Documentation (deed for all parcels) and title information indicating if there are any lien holders and/or encumbrances (a title commitment for platted lots) 6/-- • Statement of Authority (if an LLC or Corporation) and Letter of Authorization, as necessary. • Fee Payment and Payment Agreement Form • Pre -Application Conference Summary • Names and addresses of all property owners within 200 feet of subject parcels (outside boundaries of Lot 1 and Lot 2) and all mineral owners of the subject parcels (Lot 1 and Lot 2). ■ Vicinity Map �►� ■ Improvements Agreement (may be waived upon request) ■ Final Plat (Consistent with Section 5-402F, plat should include improvement location information adequate to confirm that no new nonconforming conditions will result from the proposal) 41. Code, Covenants, Restrictions (if applicable, book and page or reception number needs to be referenced on the plat) 2 V. APPLICATION REVIEW a. Review by: Staff for completeness recommendation and referral agencies for additional technical review b. Public Hearing: _X_None (Director's Decision) _ Planning Commission Board of County Commissioners Board of Adjustment c. Referral Agencies: May include Garfield County Designated Engineer, Re -1 School District, and County Surveyor. V. APPLICATION REVIEW FEES a. Planning Review Fees: $ 100.00 b. Referral Agency Fees: $ TBD — consulting engineer/civil engineer fees c. Total Deposit: $ 100.00 (additional hours are billed at $40.50 /hour) General Application Processing Planner reviews case for completeness and sends to referral agencies for comments. Case planner contacts applicant and sets up a site visit. Staff reviews application to determine if it meets standards of review. Case planner makes a recommendation of approval, approval with conditions, or denial to the appropriate hearing body. Application Submittal 3 Hard Copies 1 Digital PDF Copy (on CD or USB stick) Both the paper and the digital copy should be split into individual sections. Please refer to the list included in your pre -application conference summary for the submittal requirements that are appropriate for your application: • General Application Materials • Vicinity Map • Site Plan Grading and Drainage Plan • Landscape Plan • Impact Analysis • Traffic Study ▪ Water Supply/Distribution Plan • Wastewater Management Plan • Article 7 Standards Disclaimer The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. Pre -application Summary Prepared by: January 26, 2018 David Pesnichak, AICP Date 3 W. Section 5-305 Amended Final Plat leGarfield County Amended Final Plat Review Process (Section 5-305) Step 1: Pre -application Conference *Applicant has 6 months to submit application Step 2: Application Submittal Step ''.ornpknenes i(eview • tr1 bi sinusvdays to ravir+w • lf'incomplete, 60 days to remedy deficiencies Step n: Schedule Decision Date and Provide Notice • Mailed to adjacent property owners within 200'feet and mineral owners at least 15 days prior to decision date Step 5: Referral 021 day comment period Step t,: tvalut'ion by Director Step 7_ nirector's Decision • Call-up Period - within 10 days of Director's Decision • Final Plat must be signed by the BOCC and be recorded within 10 business days ofapproval. 101 February 9, 2018 Garfield County Planning 108 8th Street Glenwood Springs, CO 81601 To whom it may concern, This Letter of Authorization identifies and gives permission to Malcolm Ross Terry to be my Representative in the matter of the Application for an amendment to the Lorentson Exemption Amended Final Plat. Respectfully, Larry Todd Lorentson 7 Garfield County MEMORANDUM TO: Staff FROM: County Attorney's Office DATE: June 24, 2014 RE: Mineral Interest Research Mineral interests may be severed from surface right interests in real property. Colorado revised statute 24-65.5-103 requires notification to mineral owners when a landowner applies for a land use designation by a local government. As such, the landowner must research the current owners of mineral interests for the property. The Garfield County Land Use and Development Code of 2013 ("LUDC") Section 4- 101(E)(1)(b)(4) requires written notice to owners of mineral interests in the subject property "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." It is the duty of the applicant to notify mineral interest owners. The following is a suggested process to research mineral interests: 1. Review the current ownership deed for the property (i.e. Warranty Deed, Special Warranty, Quit Claim Deed or Bargain and Sale Deed—NOT a Deed of Trust). The ownership deed is usually one or two pages. Is there a reservation of mineral interests on the ownership deed? Are there any exceptions to title? A deed may include a list of reservations that reference mineral owners or oil and gas leases. 2. Review your title insurance policy. Are there exceptions to title listed under Schedule B - II? If so, review for mineral interests that were reserved and oil and gas leases. 3: Check with the Assessor's office to determine if a mineral interest has been reserved from the subject property. The Assessor's office no longer documents the mineral reservation ownership for its tax roll records unless ownership has been proven. There are only a limited number of mineral owners who have provided such information to the Assessor's office so this may not provide any information, depending on your property. " MEMO June 24, 2014 Page 2 4. Research the legal description of the subject property with the Clerk and Recorder's computer. You can search the Section, Township, and Range of the subject property. You may find deeds for mineral interests for the subject property. 5. Research whether a Notice of Mineral Estate Ownership was filed for the subject property. On the Clerk and Recorder's computer, search under Filter (on the right hand side of the screen), General Recordings, Notice of Mineral Estate Ownership for the subject property. 6. If you find mineral interest owners as reservations on your deed, listed in your title insurance policy, from the Assessor's records or the Clerk and Recorder's computer, you need to determine whether these mineral interests were transferred by deed and recorded in the Clerk and Recorder's office. 7. Enter the name of the mineral interest owner as the Grantor in the Clerk and Recorder's computer to see if the mineral interest was transferred. If you find a transfer deed, you need to repeat this process to follow any transfer of the mineral interest to present day. 8. Include a description of your research process in your application and the name(s) and address(es) of the current mineral interest owner(s). Mineral interest research can be a difficult and time consuming process. If you are unable to determine mineral rights ownership by yourself, consider hiring an attorney or landman. Attorneys and landmen specialize in determining mineral rights ownership, but they charge a fee for their services. January 29, 2018 Mineral interests research for the Lorentson Exemption Plat Parcel This purpose of this letter is to document the research into mineral interests for the properties involved in the proposed amendment of the plat of the Lorentson Exemption plat. I reviewed the deeds involved and found no mention of mineral ownership. I reviewed the title insurance policy and found no mineral ownership for this property. I obtained a Property Profile report from the Assessor's office for the Section 32 township 7 Range 89 section and found no mineral ownership for the parcels. I reviewed the Mineral Estate ownership book at the clerk and recorder's office and found no record of mineral ownership for these parcels. I researched the Clerk and recorders computer records for the Parcels and found no mineral ownership that pertained to these parcels. Respectfully, e.3k-- /- Malcolm Ross Terry D. Amended Final Plat County Commissioner's Certificate Based upon the review and recommendation of Garfield County Director of Community Development, the Board of County Commissioners of Garfield County, Colorado, hereby approves this Amended [Exemption] Plat this _ day of , A.D., 20_, for filing with the Clerk and Recorder of Garfield County and for conveyance to the County of the public dedications shown hereon, subject to the provisions that approval in no way obligates Garfield County for the financing or construction of improvements on lands, public roads, highways or easements dedicated to the public, except as specifically agreed to by the Board of County Commissioners by subsequent resolution. This approval shall in no way obligate Garfield County for the construction, repair or maintenance of public roads, highways or any other public dedications shown hereon. Chairman, Board of County Commissioners Garfield County, Colorado Witness my hand and seal of the County of Garfield. ATTEST: County Clerk Certificate of Dedication and Ownership The undersigned , being sole Owner(s) in fee simple of all that real property situated in Garfield County, described as follows: containing acres, more or less, has [have] caused the described real property to be surveyed, laid out, platted and subdivided into Tots and blocks as shown on this [Exemption] Plat under the name and style of , a subdivision in the County of Garfield. The Owner(s) do(es) hereby dedicate and set apart all of the streets and roads as shown on the accompanying Plat to the use of the public forever, and hereby dedicate(s) to the Public Utilities those portions of said real property which are labeled as utility easements on the accompanying Plat as perpetual easements for the installation and maintenance of utilities, irrigation and drainage facilities including, but not limited to, electric lines, gas lines and telephone lines, together with the right to trim interfering trees and brush, with perpetual right of ingress and egress for installation and maintenance of such lines. Such easement and rights shall be utilized in a reasonable and prudent manner. All expense for street paving or improvements shall be furnished by the seller or purchaser, not by the County of Garfield. EXECUTED this day of , A.D., 20_. Owner Address: STATE OF COLORADO ) COUNTY OF GARFIELD ) The foregoing Certificate of Dedication and Ownership was acknowledged before me this day of , A.D., 20_, by : ss My commission expires: Witness my hand and official seal. (SEAL) Notary Public Surveyor's Certificate I� , do hereby certify that I am a Professional Land Surveyor licensed under the laws of the State of Colorado, that this Plat is a true, correct and complete Plat of , as laid out, platted, dedicated and shown hereon, that such Plat was made from an accurate survey of said property by me, or under my supervision, and correctly shows the location and dimensions of the lots, easements and streets of_ as the same are staked upon the ground in compliance with applicable regulations governing the subdivision of land. In witness whereof, I have set my hand and seal this day of , A.D., 20_ Professional Land Surveyor Clerk and Recorder's Certificate This Plat was filed for record in the Office of the Clerk and Recorder of Garfield County, Colorado, at o'clock , on this day of , 20_, and is duly recorded as Reception No. Clerk and Recorder By Deputy 28 County Surveyor's Certificate Approved for content and form only and not the accuracy of surveys, calculations or drafting, pursuant to C.R.S. § 38-51-101 and 102, et seq. DATED this day of , A.D., 20_. Garfield County Surveyor Title Certificate 1, , an attorney licensed to practice law in the State of Colorado, or agent authorized by a title insurance company, do hereby certify that I have examined the Title to all lands shown upon this Plat and that Title to such lands is vested in , free and clear of all liens and encumbrances (including mortgages, deeds of trust, judgments, easements, contracts and agreements of record affecting the real property in this Plat), except as follows: DATED this day of , A.D., 20_. OR TITLE COMPANY: Agent Attorney Colorado Attorney Registration No. Certificate of Taxes Paid 1, the undersigned, do hereby certify that the entire amount of taxes and assessments due and payable as of , upon all parcels of real estate described on this Plat are paid in full. DATED this day of , A.D., 20_. Treasurer of Garfield County 29 Land Title GUARANTEE COMPANY WWW.LTGC COM ONE REPORT To: NA Attn: ROSS TERRY Fax: Date Ordered: Order Number Phone: 01-29-2018 740435 970-309-7558 Address: 1510 FOREST SERVICE 300 ROAD GLENWOOD County: GARFIELD SPRINGS, CO 81601 LEGAL DESCRIPTION PLEASE SEE DOCUMENT FOR COMPLETE LEGAL DESCRIPTION OWNERSHIP & ENCUMBRANCES Certification Date: 01-04-2018 OWNERSHIP: MALCOLM ROSS TERRY AND,THERESA MARIE TERRY Doc Type WARRANTY DEED ENCUMBRANCES AND OTHER DOCUMENTS Doc Fee $0.00 Item Payable To DEED OF TRUST U.S. BANK, NATIONAL ASSOCIATIO MAP Cust Re f# Date Reference# 03-18-1999 541990 Amount $ 100,000.00 Date 02-08-11 1103.15 Reference# 798522 870055 By: MARY HANISKO Land Title Property Resource Specialist Email: oe@Itgc.com Phone: 303-850-4190 Fax: 303-393-4827 Form OE.WEB 06/06 This ONE REPORT is based on a limited search of the county real property records and is intended for informational purposes only. The ONE REPORT does not constitute nny fort of warranty or guarantee of title or title insurance, and should not be used by the recipient of the ONE REPORT Its the basis for making any legal, investment or business decisions, The recipient of the ONE REPORT should consult legal, tax and other advisors before making any such decisions. Thp liability of Land Title Guarantee Company is strictly limited to (1) the recipient of the ONE REPORT, and no other person, and (2) the amount paid for the ONE REPORT. pp! Prepared For: Land Title ROSS TERRY GUARANTEE COMPANY WW W.LTG C. COM Reference: 1510 FOREST SERVICE 300 ROAD GLENWOOD SPRINGS, CO 81601 Attached are the additional documents you requested: Doc Type MARY HANISKO Land Title Property Resource Specialist Email: mhanisko@ltgc.com Phone: 303-850-4193 Fax: 303-393-4827 ADD.DOCS 740435 Recorded Reception#ZBooltPage Ross Terry From: Calderon, Renee Y <renee.calderon@usbank.com> Sent: Tuesday, February 13, 2018 2:59 PM To: Ross Terry Subject: RE: equity loan RE: Equity Line - 3000809782 Dear Terry, Please accept this as confirmation that the Home Equity Line of Credit mentioned above is closed. Please allow 10 business days to receive the final closing letter. We will notify Garfield County to release the property from the lien and satisfaction of the Deed of Trust on record. If you have any questions or if I can be of further assistance please do not hesitate to contact me. Thank you. Renee Y. Calderon U.S. Bank Personal Banker Glenwood Springs Rose #7024 1901 Grand Avenue Glenwood Springs, CO 81601 (970)384-9243 direct line (970)384-2208 fax From: Ross Terry [mailto:ross1@sunliRhtmtn.com] Sent: Tuesday, February 13, 2018 8:11 AM To: Calderon, Renee Y <renee.calderon@usbank.com> Subject: [EXTERNAL] equity loan Hi Renee, just a reminder about the email for my county application. Thanks, Ross Ross Terry Asst. GM Sunlight Mtn Resort U.S. BANCORP made the following annotations Electronic Privacy Notice. This e-mail, and any attachments, contains information that is, or may be, covered by electronic communications privacy laws, and is also confidential and proprietary in nature. 1 d Title GUARANTEE COMPANY www. LT a t; C OM ONE REPORT To: NA Attn: ROSS TERRY Fax: Date Ordered: Order Number Phone: 01-29-2018 740432 970-309-7558 Address: VACANT LAND GLENWOOD SPRINGS, CO 81601 LEGAL DESCRIPTION PLEASE SEE DOCUMENT FOR COMPLETE LEGAL DESCRIPTION County: GARFIELD OWNERSHIP & ENCUMBRANCES Certification Date: 01-04-2018 OWNERSHIP: LARRY TODD LORENTSON Doc Type WARRANTY DEED ENCUMBRANCES AND OTHER DOCUMENTS Item NONE Cust Ref# Payahle To Doc Fee $0.00 Date Reference# 08-18-2014 852719 Amount Date Reference# By: MARY HANISKO Land Title Property Resource Specialist Email: oe@Itgc.com Phone: 303-850-4190 Fax: 303-393-4827 Form 0E.WEB 06/06 This ONE REPORT is based on a limited search of the county real property records and is intended for informational purposes only, The ONE REPORT does not constitute any form of warranty or guarantee of title or title insurance, and should not be used by the recipient of the ONE REPORT as the basis for making any legal, investment or business decisions. The recipient of the ONE REPORT should consult legal, tax and other advisors before making any such decisions. The liability of Land Title Guarantee Company is strictly limited to (1) the recipient of the ONE REPORT, and no other person, and (2) the amount paid for the ONE REPORT, Pill Prepared For: Land Title ROSS TERRY GUARANTEE CUNE1•.•1r WWW. LTG -.0 OM Reference: VACANT LAND GLENWOOD SPRINGS, CO 81601 Attached are the additional documents you requested: Doc Type MARY HANISKO Land Title Property Resource Specialist Email: mhanisko@ltgc.com Phone: 303-850-4193 Fax: 303-393-4827 ADD.DOCS 740432 Recorded Reception#IBooikPage 11111 11111111111 11111111111111111111111 1111 1LI1 541892 83/18/1929 111.31A 81119 P941 M ALSOCRF 1 of 5 R 20.00 0 0.00 GARFIELD COUNTY CO Ta, pod., Delduar e<rhi. in,n hen ism sr'r.a l at [ir C'Mttada Heal Estee C05101111as. CID 504.865 TO THIS FORM IS USED IN A CONSUMER CREDIT TRANSACTION, CONSULT LEGAL COUNSEL. 5515 I5 a LEGAL INSTRUMENT. IF MR UNDERSTOOD, LEGAL,111 OR OWER COUNSEL SHOULD DE CONSULTED BEFORE SIGNING. DEED OF TRUST (Due on Transfer — Strict) THIS DEED OF TRUST is made this 5th day of March 1999 between Malcolm Ross Terry and Theresa Marie Terry (Borrower), whose address is 75 Pickett Pin Lane. Snowmass. Colorado 81654 and the Public Trustee of the County in which the Property (see paragraph 1) is situated (Trustee); for the benefit of Leonard E. Lorentson (Lender), whose address is P.0. Box 932, Kokomo, IN 46903 Borrower and Lender covenant and agree as follows: 1. Property in Truat. Borrower, in consideration of the indebtedness herein recited and the trust herein created, hereby grants and conveys to Trustee in trust, with power of sale, the following described property located in the County of Garfield State of Colorado: Described on Exhibit A attached hereto and incorporated herein by this reference. which has the address of N/A — Vacant'. Lana ,E EASED Wit pUR.t.1C 's USTE1: 5 ARFtELD CC: -1M" , Colorado (Property Address), together (Cllr) (Zip Cady) with all its appurtenances (Property). 2. Note; Other Obligations Secured. This Deed of Trust is given to secure to Lender: A. thermpaymant of the indebtedness evidenced by Borrower's note (Note) dated March 5 .19°9 in theprincipal sum of Five Thousand Dan Hundred SeveSIt.y amt) U.S. Dollars, with interest an the unpaid principal balance From March 5 1999 until paid, at the rateaf nine {9) perma1 per annum, with principal fund interest payable at P.0. Box '932. 'Kokomo 5 IN 4 69 03 or such other place as the ender may designate m monthly payments of . F1vP nett ed anal 00/100 Dollars (US 5 590.00)due on the 5th day of each month beginning April i 1999 such payments to continue until the entire indebtedness evidenced by said Nate is fully paid; however, if not sooner paid, the entire principal amount outstanding and accrued interest thereon, shall be due and payable on March 5 2000 and Borrower is to pay to Lender a late charge of 5 % of any payment not received by the Lender within 1 5 days after payment is due; and Borrower has the right to prepay the principal amount outstanding under said Note, in whole or in part, al any time without penalty except B. the payment of all other sums, with interest thereon at 12 % per annum, disbursed by Lender in accordance with this Deed of Trust to protect the security of this Deed of Trust; and C. the performance of the covenants and agreements of Borrower herein contained. 3. Title. Borrower covenants that Borrower owns and has the right to grant and convey the Property, and warrants title to the same, subject to general real estate taxes for the current year, easements of record or in existence, and recorded declarations, restric- tions, reservations and covenants, if any, as of this date and except 4. Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Note, and late charges as provided in the Note and shall perform all of Borrower's other covenants contained in the Note. 5. Application of Payments. All payments received by Lender under the terrns hereof shall be applied by Lender first in payment of amounts due pursuant to paragraph 23 (Escrow Funds for Taxes and Insurance), then to amounts disbursed by Lender pursuant to paragraph 9 (Protection of Lender's Security), and the balance in accordance with the terms and conditions of the Note. 41f No. TD72-7-96. DEED OF TRUST (Dae on Transfer —S6Ir11 Bradford Pabliehing, 1703 Mame SI, Denver, CO 50202—(3031292-2500-10-96 Page 1 of 4 q!J 1111111 i111111111III till 541992 03/16/1999 11:5111 81114 P942 I! ALSDORF 2 of 5 R 26.00 D 0.00 GARFIELD COUNTY CO 6. Prior Mortgages and Deeds of Masa Charges; Liene. Borrower shell perform all of Borrowers obligations under any prior deed of trust and any other prior liens. Borrower shall pay all taxes, assessments and other charges, fines and impositions attributable to the Property which may have or attain a priority over this Deed of Trust, and leasehold payments or ground rents, if any, in the manner set out in paragraph 23 (Escrow Funds for Taxes and Insurance) or, if not required to be paid in such manner, by Borrower making payment when due, directly to the payee thereof. Despite the foregoing, Borrower shall not be required to make payments otherwise required by this paragraph if Borrower, after notice to tender, shall io good faith contest such obligation by, or defend enforcement of such obligation in, legal proceedings which operate to prevent the enforcement of the obligation or forfeiture of the Property or any part thereof, only upon Borrower making all such contested payments and other payments as ordered by the court to the registry of the court in which such proceedings are bled 7. Properly fn.nranee- Barrawel shell 1.cep the improvements now existing or hereafter erected on the Properly insured against loss key bre or haaards included within lie term "extended coverage" in an amount et least equal to the lesser of f I) the insurable value of the Properly or (2) en alma or sul(i eat to pay she surra secured by this Deed of Yaks rte well as any prior encumbrances on the Property. A11 of the foregoing shall be known as' Properly few ranee". TM insurance carrier providing the insurance shall be quxlified to write Properly Insuranoe in Colorado and shall be chow by Borrower subject to lender's right to reject the chosen carrier for reasonable cause. All insurance Retinas and renewals thereof shall include a standard mortgage clause in favor of Lender, and shall provide that the insurance carrier shall notify Lender at least ten 00) days before cancellation, termination or any material change of ems -rage Insurance policies shall be furnished to Lender at or before cloning Lender shall have she right to hold the policies and renewals dieacof. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Be ntwer. has wan .= ',meccas Moil be applied to restoration or repair of the Properly damaged. provided such realttraltrm or repair lscmouru. iurliy feati111e and the security or ?Pic: Deed o1Trwl lo eat thereby impaired. If such restnrntion or repair 15 not eeauomlmlly feasible or if doe security of this Deed of [hot would he impaired, she insuta1tt proecedi shall be eppllcd to the sum%secured by this Decd of Trust, with the excess, if any, paid to Borrower. If the Properly is abandoned by Borrower or if Borrower Fails to respond Id Lender within 30 days from the data notice is given in ncwr dance with paragraph 16 (Nodoc}by Lender to Borrower 0411141 i esu mow carrier offers sa settio a claim for insurance benefits, Lender kc authorized to collect and apply the insurance proceeds, at Leniter'1 option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust. Any such application of proceeds to principal andl not extend or postpone the due date of the Inslallmenss referred to in paragraphs 4 (Payment of Principal and interest) and 23 (Escrow Funds for Taxes and Insusnncr) or change the amount of such installments. Notwithstanding anything herein to thetantrary, if under paragraph Ig (Acceleration; Foreclosure; (]tiler Remedies) the Property is acquired by Lender, all right. title and interest of Borrower in and in any insurance policies and in orf (0 the proceeds thercorrevul ling from damage to the Property prior to the sale or acquisition shall pass to Lender to the extent of the sums secured by this Deed of Trust immediately prior to such sale or acquisition. A!I of the rights of Borrower crud L.er.der hereunder with respect to .nsurenee carriers, lnrlltalree policies anti insar:sncs proceeds are subject to she rights of may holder of a prim deed of must with respect to said in%mance careen, policies and proceeds. g. Preservation and Maintenance of Property. rlarra341 shall keep the novelty in gonad repair and shall not commit waste Of permit impairment Or deleei0f1tibn of the Property and Shall comply with the Prov ksiens of any l454 it ihix Decd of T1151 Is on leasehold. Borrower shall perform aft of Borrower's obligations under any declarations, covenants, by-laws, rules, or other documents governing tate use, ownership or occupancy of the Property. 9. Protection of Lender's Security. Except when Borrower hos exercised Borrower -5 right under paragraph f, above. df die 1301, rower fails so perfnlln the crivertan's and agreements clod mined in this Deed of Trust, or if a default occurs in a prior Tien. or if any action or proceeding is cam -mooed which inaterialty al<eets Lender's interest in the Property, then Lender, 01 Leader's Winn, with 1101kecte Borrower if required by Iaw, may make sorb appearances, disburse such summed lake Stah acllnn as u nee05041y 10 pmt001 Lender's interest, including but not limited ler: (a) any general or special taxes or ditch ser water assessments levied of accruing against the Property; (b) the premiums on any insurance necrosary to protect any improstments comprising a part of the Property; (c) sums dial on any prior lien or cncunlhrancx col 160 Property; (d) if the Properly is 011.1333110111 or is subject to o lease, at sums due under such lease; (e) the teasonnhk costs and expenses of defending, protecting, and maintaining the Property and Lender's interest in the Property, including repair and mainlenonee elms and es punts, ousts and 3apeiisca of protecting and securing the Prop- erty, heels ar s fees and expenses, lnsprctlun fres, appra Llai fees, 46011 enols, attorney fees and costs, and fees and casts of an Odor nay in 1114 employment or the Lender or holder of the certificate. of purchase; (I) all other doss and expenses allowable by the evidence of debt or this deed of Trust, and (4) such ether costs and cxpenscs which may be tanhorlxcd by a enact of competent jurisdiction. Harrower b4Cby assigns Io Lender any. tight BOfeOwer may have by maria o1 any prior eneunibmp0n on the Property or by iso or otherwise to cure any default under said prior encumbrance. Any amountsdisbursed by [.ender puf%uant en rho paragraph 9, with interest thereon, shall become nddiponal indebtedness 01 Borrower secured by this heed of Trust, Such amounts shall be payable upon notice from 1,eoder 10 Borrower requesting payment thereof, and (.ender may bring suit to collect eny xnluanle sol dishnrsed pins interest specified in paragraph 2B (Nate; Other °Miga- do11c Secured). Nothing contained in this paragraph 4 shall 30)141re Lender to incur any Oepcnsc or lake any action hereunder 10. Inapeeiien. I ender may make 01 1101C 10 lex mark reasonable entries upon and inspection of the Properly, provided that Lender shaft gssx Bnlsower notice prior Its any such inspection specifying reasonable cause Iheaefor related to Lenders interest in the Property. 11. Condemns l toe. The proc<edsofany award ser elate' for damages. direct or tonsequrnlisl- in connection with any condemnil- lion or mailer taking of the Properly, or part thenar, or for conveyance In 11eu of condemnation, are hereby assigned and shall he paid la Leander as herein pi wider!. f Inwever, alt of the riphls of Borrower and Lender hereunder with reaped 1a such proceeds urn subject IO the rights of any holder ors prior deed or frust. in the Eve CI t pia total laking of the Property, aha proceeds shall be applied to the ALMS seemed by this Decd Or T1u1:t, with thr erects, irony, pald to Barrdw31. In the avant of a partial laking of the Property. the plprciedi remaining p0cr Taking out any part of the award due any Ilridr lien holder (oc1 award) shall be divided be tweet Lender and non ewer, ie the aalild.' fa111r as clic amount of the sums secured by this Deed of Trost immediately prior 10 the dare of eking bears to Bornowces equity in the Properlp immediately prier 10 torr date of taking. Bolsower's equity so the Property means chn fans market value of The Property less the amount of sums steered by both this Recd of Thus and all poor (lens (except taxed) 0101 arc 10 l eerive eny orlhc award, and at the vel au immediately 311100 10 1113 dale of taking. If the Properly is abandoned by Borrower, or if, after notice by Leader to Borrower that the condemnor offers to make an award or satire a craim for damages- Borrower fails to sespaod to Lelyder within 30 days after the date such notice t5 given, Lender is 54111nrired to culled and apply the proceeds. at Lender's option, either ru reuoration or repair of the Property or to she sums Secured by this Deed of Trutt Any such applicalinn of proceeds toprinelpi ! shall not emend or poli .nr1e the due dile of the m11alFmcnts eckrred 10 in paragraphs 4 (Payment of Principal and inlefes° and 23 (Escrow Funds for Taxes and Insure nu.) nni change the allmllnl of such installments. 12. Portant! Not Released. Este rid La of the 11me sof payment or modilicatinn orarnnl liration of the aulrls secured ('(11115 Dccd of Trust granted by Lender 30 any successor in interest of Borrower shalt not cosmic 10 release, in any Menial, the liability of the co igjnal Borrower, nor Borrower's successors in interest. from the original terms o1'this Decd of Tool lemlrr shell sol be lnt1ucd 1u commence prrrvel info aauinat .,ch s,lrrr-u.r e..elLde do eatnn4 time fn. n mha�w.on n.,n1r n . ..fir„ 4,.•n secured by shit t)Ced Of 101111 143 reaesm of any demand made Py 1 NC of I frnul Wftw1rr.weot U0, 10 r w....cr'esum• I n one 1.113. Forbearance by lender Nat a iiOlrer. My forbtararce by Lender 1n exercising any light or remedy hereunder,1r otherwise afforded by Iaw. shall not be a waiver or preclude the exercise of any such right or remedy. 14. Remedkv Camulalhe. Each remedy provided in (Ile Nose and this Dred of Trust is distinct from and cumnlaltve 1.0 1111 01 her rights or remedies under the :vote and this Decd of Trustor afforded by law ser equity, and may be exereited cdneu fit oily, mdepca• densly or success ivd y. 11. surae 5015 mod Assign+ Bound; Joint and Several Liabidity; Captions. 'The covenants and agreements herein [detained shall bind, and the rights kerclrndcr shall inure to, there -theorise successors and assigns of Leudet and forrowei, subject to ilte provisions of paragraph 24 (Transfer of the Property; Assumption). All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs in this 17eed of That are for convenience only and are not to be used to interpret or define the provisions hereof. No. TD72-7-96. Page 2 of 4 woe 11111111111 IIIIII 111111111111111111111 III 1111111111111 541982 03/10/1099 11:51A 81119 P943 M AMOR? 3 of 5 R 20.00 D 0.00 GARFIELD COUNTY CO i 16. Notice. Wept for any net ice woo Bed by kw to hag'sen pr anulhcr mu e. (.04 any nghcc to Harrower provided for In Thu Mod of 11011 shall bk in writing and shellbe Risen and be effective upon (I) dclivcty l0 Borrower or (2} mailing such naticu by first. class lf.S mull, addressed to Borrower at Borrower's address staled heroin ar as such other address as Borrower may designate by notice to Lender a5 provided herein, end (b) any notice to Lender shall be is writing and shall be gisoa and be clfccli+c upon (1) delivery to lender or (2) mailing suet notice by firstittass U.S. mail, to Lender's address stated herein or to such other address as Lcrnitt may drwi9nate by notice to Bunawor as ptnvided herein. Any notice provided for in this Deed ofTrusl shall be deemed In have been given to Borrower or Lender when given in any manger desi}ytated herein. 17. f:uwniag Lan; Iaarab1[ty- The Noir end this Deed of Must shall be governed lay the law ofCalomda In the e,rnl that any provision or clause of this Deed of Ileum the Note conflicts with the law.s,trh cimfict shall not dent other provisionsof ibis Deed of True nr the Now whirls can be given e&er 101110w1 the caurlici og provision, and Ice this, end the provisions of Die Dred of'Ihust and Note are declared to be severable 18. Actieterasian; Fwrclasurot Other Remedica. Except as provided in paragraph 24 (Transfer of the Property. AsrumptiaiII, apon Borrower's breach of any ma'eoant nt xgr cement of Benuwer in this Dent of Trust, ea Spun any deiautt in it pour 'WI upon the Property, (unless Borrower has exercised Borrower's rights under paragraph 6 above), al Lender's option, all of the sums aecured by this Deed of Trust shrill hs, immediately dud and payable (Accelerateoo . To exercise this optical, Lender may invoke the powerof sale and any other remedies permitted by law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies prorisled in this Feed of Thiel, including. but not limited tb. ma -Soluble attomcys foes. If Lender imolees the power of Satee. Lander shall wise written nod= to Mulles, of web election. T Mice shall give was nonce 10 Borrower of Borrower's rights as hr provided by law. TrWlee anal] record a way of suet notice as required 49 law. Trustee shall advertise the time end place of the sale or the Preachy, for 1101 km titan four weeks in a newspaper claviers f circulatiml in cod' roomy in which the Property is eiluated, and shall mall copies ofaueh notice of sale to Borrower tnd ether pelsons:lo proscribed by Inw.After the haptc ufaudt time as may tx requited by law, 1401100, without demand 011 Borrower,11111111011 the Property al public mtcnon 10 she highest bidder for cash at the time and place (which may be on the Properly or any part thereof as permitted by law) in one or more parcels as Trustee may think bestand in sudi order as Trustee rmrp- 1etemtln0 Lendertte lender's designee may purchase the Property at soy sale. ll shall not be obligatory upon the purchaser at any such sale to we 10 the application of the purehhse money. Trustee shall apply the proceeds of the sale in the following order: (a) to alt reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorney's fees and costs 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 thereto. 19. Borrower's Right to Cure Default. Whenever foreclosure is commenced for nonpayment of any sums due hereunder, the owners of the Property or parties liable hereon shall be entitled to cure said defaults by paying all delinquent principal and interest payments due as of the date of cure, costs, expenses, late charges, attorney's fees and other fees all in the manner provided by law. Upon such payment, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as though no Acceleration had occurred, and the foreclosure proceedings shall be discontinued. 20. Ana Ignore of of Rents; Appointment of Nether; Leader in Possession. As additional security hereunder, harrower hereby assigns to Lender the rents of the Property; howovtt, Borrower shall, pelor to Accekralirm under paragraph 18 (Acceleration; Fore- closure; Other Remedies) or abandonment of the Property, have the right to collect and retain such rents as they become due and payahle. Lender or the holder of the 'siustee's certificate of purchase shall be entitled to a ttldlver for the 'tolkcrty,b FllN Acsciclalian ander paraggrraph 18 (Acceleration; For1closaro,, Other Remedies), and shaft also be so entitled during the unto coverddtby foreclosure pow Innings and the period of redemption, if xny; and shall be entitled thereto as n matter of right sditltaut regard I0 the labency or insolvency of llgrrowor or of the than owtxr of the Proems , And wilhaui regard to dm value thereof. Such receiver may be associated by any Court of competent jurisdiction upon es parte application and wilhaul notice — notice being !tetchy eapdesaly. waived. Upon Acceleration under paragraph 18 (Acceleration; FornrJpsnre; 011ier l9emodies) or abandonment of the Property, Lander. in per_sdo, by agent or by jtaliciallyappointed receiver, shalt be entitled 101151tl upon, faire possession ofand man*the Property and its collect the rents of the Property including More past doe AU rents collected by Lander or the reoeiwa-tltall be applied, Aral, to payment of the costs of preservation and management of the Property, second, to payments due upon prior liens, and then to the sums secured by this Deed of Trust. Lender and the receiver shall hC liable td account only for those rents actually rewired. 21. Release. Upon payment of all sums secured by this Deed of Trust, Lender shall cause Trustee to release this Deed of Trust and shall product for Truateethe Note. Borrower shall pay all coats Of recordation and shall tray the statutory Thrsteak Iran. If Lender shall not produce the Hole as aforesaid, then Lender, upon notice to accordance with paragraph 11 {Notice) from Borrower to Lender, shall obtain, et Lender's expenses and file any lent imtrument bond required by -Bootee or pro. the cost Ihaoaf In effect she release ar this Dtcd of Trust. 22. Wainer of Exemptions. Borrower hereby waives all right of homestead and any other exemption in the Properly under state or federal law presently existing or hereafter enacted. to a prior encumbrance. Subject to applicable law, Borrower shalt pay to lender. on each day installments of principal and 1 • am payable under the Note, until the Note is paid in full, a sum (herein referred to as "Funds") equal lo of the rattly texts and 01SElxtuents which may Wain priority over lhta Deed of 'frost, plus of yearl7 premium instalMelilla fru PI open's' kosu.nun, ell a. reawlrably estimated tonicity end horn time ro due by le • - •n the 01111101 assessments and bills and reasonable eStitoatcs Ibereer.laking inle *DOM nt any excess Fonds vol used or 511 • -.•es The pc mei ofthe Funds shaft beheld in separate acoeunl by the Lender in trust for - , alit otIItc Borrower and depoarlrd in an lnsiiiUtinn the deposits or accounts of which are insured or guaranteed by a r- . • state agency. Lender shall apply WO Funds to pay said rakes, assessments and insurance premiums. Lender may not du ,. . an holding and cps/Ulna the Funds, analyaing said account or verifying and compiling said assessments and bills. Lender . , . be required to pay Bormwer any imc101 or earnings as the Funds. Lender shift give to Bummer, without charge, an an . . • ocoualsngdf the Ponds slrowtgcredits and debits to the Funds and the purpose for veitleh each debit to the Funds WAS ma. - Funds aro pledged as additional security for the sums secured by this Deed of Trust. If the amount of the Funds held by Lenders. 08 beauAlclenl to pay !axes, assessments and insurance premiums as they fall due, Borrower shall pxy to Lender any am. .- ary to make up the deficiency within 30 days from the date notice is given in accordance with paragraph 16 ( •. - • Lender 10 Borrower rtqueatieg payment thereof Provided however, if the lean =maxi by this Deed of Trust is sabj.+ 4SPA or other laws notating Escrow Accounts, such dens -rutty, surplus nr any other required adjustment shall be . • . iced or adjusted to compliance with such opplienblelaws_ Upon payingall of all sums secured by this Dads of Tis!, Lender/hall simultaneously refund to ikrrmru any Funds held by Lender. 1 paragraph 18 (Acxleraliun; Foreclosure; Other Remedies) the Property 11 sold or Mu Property is otherwise acquired by • , Lender shall apply, 110 Is ter than immediately prior to the sale of the Property or its acquisition by Lender, whichever occurs ••-24. TT'ans er of the Property; Assumption, The fallowing events shalt be referred to herein asa "Transfer": 11) a transferor cendeyance'Hide (or any portion thereof, legal or equitable) of the Property (or any part thereof or interest 141140, (ii) the execution ef•a roniml or agreement creating a right le line (as any portion thereof, legal or scrollable) in the Plapeny (ot any parr thereof or interest therein% (tat) or an agreernenr pi -entrap a possessory right in the Property (or any [onion thereof), in ca rens of three (3) years, (iv) asale or transfer of, of the 110Mlllion of a connecter a441eoi0c11l Creating a right 10 acquire or receive, more than fifty percent (SO%) of the conlrQning 101050. t or more than fifty penin( (50%) of the beneficial interest in the Borcower,;v) the reorganization. liquidation Of dir1Mut fun 0f the Borronor. Not la he included as a TFanafer are (1) she minion of n Len of en0umhrenee subordinate loans Deed or •rrorlt, 1.1)140 clystion of a putehafe moony Wearily Infero.% km tannetwld pppll m,taa, en 8111). r.a..KC, lir de.1.., .kwr•M '.• try operation of the law upon the death ora )dint tenant At stn election of Lender, in the event of each and 0ycry transfer: (a) All sums secured by this Acrd of Trust shall become irnmedlnlely due and aryable (Acceleration). Lb) Ira Trararer amreand should Lender no! memberLender's option pursuant to this paragraph 20 to Accelerate, Transferee shell be deemed to have assumed allot the obligations of Burrowertrdder this feed of Thest including a l! sums secured hereby whether 01 not the instrument evidencing such conveysuce, ranlract or grant expressly so provides. This GOveneltt shall run with the Properly and remain in full force nod tikes until fairings.% ere paid in fulLTIP: Lands/ mar without naiica t0 Tho Bprmwerdeal with Tlansfeme in the same manner as with the Borrower with reference to said sums including the payment or credit I0 TranSferef of urrdisbursed rearm Funds on payment in full of said apma, without in any way altering nr discharging the Borrower's liability hereunder for the obligations ttereby secured. No. '1 D72-7-96. Page 3 of 4 Continued on reverse side. 1111111 IIIA 111111 111111111 11111I111III III IIIA LEHI 541992 03/16/1998 11:31{1 81119 PS44 M ALSDORF 4 of 5 R 28.00 0 0.00 GARFIELD COUNTY CO (r) Should Leader not clecl to ACCciefate upon the occurrence of such TFansfer then, subject to (b) above, Ilie mere Bel or lapsed -time or the acceptance of payment subsequent to any of such events, whether or not Lender had actual or constructive riot Le of such Measles, shall net he domed a waiver of Lender's right to make such *&tion Mu Shall Lender be entupped therefrom by )(unto thereof. The issuance on behalf of the Leader of routine statement Showing the atm, of the Ivan, whether or not Lender had actual or constructive notice of such Transfer, shall not be a waiver or estoppel of Lender's said rights. 25. Borrower's Copy. Borrower acknowledges receipt of a copy of the Note and this Deed of Trust. EXECUTED BY BORROWER. IF BORROWER IS NATURAL PERSON( MALCOLM ROSS TERRY IF BORROWER IS CORPORATION: ATTEST: (SEAL) Q.e/c.1.4.44441 _vaA THERESA MARIE TERRY doing business as wan otcorpauurra sesrelarr By arrear IF BORROWER IS PARTNERSHIP: [.\-)rir-cleld STATE OF COLORADO County of r1 The foregoing instrument was acknowledged before me this 's clay of J 1(1 f U 1 ILL by Mr rr 1 r R05S i er! n nCI �1rrF<,r1 )iar'l NeanofPanemhip By A &roll?In= Witness my hand and official seal. My commission expires' 818 Colorado Avenue Glenwood Springs, CO 81601 My Commission explres April 28, 2001 A66rea •If a natural person or persons, insert the name(s) of such person(s). if a corporation, insert, for example, "John Doe as President and lane Doe as Secretary of Dos & Co, a Colorado corporation." If a partnership, invert, for example, "Sam Smith as general partner in and for Smith & Smith, a general partnarahip." No. TD72-7-96. Page 4 of 4 DEED OF TRUST 5 I hereby certify that this instrument was filed for record r - z 111111111111111111111111111111111111111111111111111111 541692 03/16/1999 11:51P 61110 P045 M ALSOORF 5 of 5 R 26.00 D 0.00 GARFIELD COUNTY CO EXHIBIT A A TRACT OF LAND SITUATE IN THE NW1/4 DF THE NE1/4 OF SECTION 32, TOWNSHIP 7 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NW1/4 OF THE NE1/4; THENCE S 87 DEGREES 26'47" E 326.70 FEET ALONG THE NORTH LINE OF SAID NW1/4 OF THE NE1/4; THENCE S 03 DEGREES 07'48" W 400.00 FEET; THENCE N 67 DEGREES 26'47" W 326.70 FEET TO THE WEST LINE OF SAID NW1/4 OF THE NE1/4; THENCE N 03 DEGREES 07'48" E 400.00 FEET ALONG THE WEST LINE OF THE NW1/4 OF THE NE1/4 TO THE POINT OF AEGI!•NI G ALSO DESCRIBED AS THE EXEMPTION PARCEL ON THE LORENTSON EXEMPTION PLAT RECORDED IN THE GARFIELD COUNTY RECORDS ON JANUARY 15, 1999 AS RECEPTION N0. 538800. TOGETHER WITH: A PERPETUAL, NON-EXCLUSIVE ACCESS EASEMENT SITUATE IN THE NEW OF THE NEW OF SECTION 32, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6" PRINCIPAL MERIDIAN BEING 30 FEET IN WIDTH AND LYING 15 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT IN THE RIGHT-OF-WAY OF USES ROAD NO. 300 WHENCE THE NORTHWEST CORNER OF SAID NW1/4 OF THE NE1/4 BEARS N 24 DEGREES 45'54" W 1516.58 FEET; THENCE N 32 DEGREES 26'19" E 447.98 FEET; THENCE N 18 DEGREES 36'46" E 153.97 FEET; THENCE N 24 DEGREES 00'24" W 62.07 FEET; THENCE N 66 DEGREES 46'06" W 116.97 FEET; THENCE 187.77 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 220.51 FEET, A CENTRAL ANGLE OF 48 DEGREES 47'20", AND SUBTENDING A CHORD BEARING S 88 DEGREES 50'14" W 181.14 F'SET; THENCE S 64 DEGREES 26'34" W 65.73 FEET; THENCE 110.07 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 157 DEGREES 4.0'11", AND SUBTENDING A CHORD BEARING N 36 DEGREES 43'20" W 78.49 FEET; THENCE N 42 DEGREES 06'46" E 94.45 FEET; THENCE 142.34 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 268.52 FEET, A CENTRAL ANGLE OF 30 DEGREES 22'19", AND SUBTENDING A CHORD BEARING N 57 DEGREES 17'55" E 140.6E FEET; THENCE 114.31 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 163 DEGREES 44'11", AND SUBTENDING A CHORD BEARING N 9 DEGREES 23'01" W 79.20 FEET; THENCE S 88 DEGREES 44'54 W 168.38 FEET; THENCE S 75 DEGREES 17'53" W 195.81 FEET; THENCE S 69 DEGREES 39'07" W 262.03 FEET; THENCE 120.21 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 172 DEGREES 11'27", AND SUBTENDING A CHORD BEARING N 24 DEGREES 15'09" N 79.81 FEET; THENCE N 61 DEGREES 50'34" E 173.96 FEET; THENCE N 19 DEGREES 35'32" E 95.11 FEET TO THE SOUTH LINE OF THE EXEMPTION PARCEL, THR POINT OF FNUI]NG. COUNTY OF GARFIELD STATE OF COLORADO D1230747 1 111111 11111 111111 1111 I 11111111 11111 111 1111 11111111 581114 93/27/2000 09:29A 81178 P398 11 ALSODRF 1 of 1 R 5.09 D 0.00 GARFIELD COUNTY CO 14 9a•Ileppawblq WSW line of awl m officer and name orwrtevl owm.od holder. a 1 L I4 Original Note and Deed of Trust Returned to; 1 5 /0 F5 RceeWM b1t I REQUEST FOR RELEASE OF DEED OF TRUST AND RELEASE March 21. 2000 Malcolm Ross Terry and Theresa Marie Terry Leonard E. Lorenlsori March 5 1999 Date Grantor (Borrower) Original Beneficiary (Lender) Date of Deed of Trust March 18, 1999 Recording Date of Deed of Trust Gal Lield County of Recording 541992 Reception and/or Film Nos, of Recorded Deed of Trust 1119 941 Book and Page of Deed of Trust Reoepllao No Film No Boon Nu Pec No 914 TO THE PUBLIC TRUSTEE OF Garfield County (The Public Trustee m which the above Deed of Rust cenveys thaaaid ptopetlfl Please execute this release, as the indebtedness secured by the Deed nf'fruat hoe been fully or partially paid and/or the purpose of Rho Deed of 'Rust has been fully satisfied. LEONARD E. ].0R839TBO111 C.+aml Oscar and }Wag fossle deaar &owed tri Pad w Dan (Lemk r Siege. Stale of Colorado, County of Garfield The foregoing request for release was acknowledged before me on March 21. 2000 (date) by Leonard E. Wren1BOn 818 Colaeao Avenue Glenwood Springs, CO 81601 My Commidalon expires Apra t 1. ins Witness My RELEASE OF DEED OF TRUST Neu./ /NW WHEREAS, the above referenced Grantor(s), by Deed of 'Rust, conveyed certain real property described in said Deed of Trust to the Public Trustee of the County referenced above, in the State of Colorado, to be held in trust to secure the payment of the indebtedness referred to therein; and WHEREAS, the indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of Trust has been fully satisifed as set forth in the written request of the current owner and holder of the said indebtedness. NOW THEREFORE, in consideration of the premises and the payment of the statutory sum, receipt of which is hereby acknowl- edged, I, as the Public 'Rustee in the County first referenced above, do hereby remise, release and quitclaim unto the present owner or owners of said real property, and unto the heirs, successors and assigns of such owner or owners forever, all the right, title and interest which I have under and by virtue of the aforesaid Deed of Trust in the real estate described therein, to have and to hold the same, with all the privileges and appurtenances thereunto belonging forever; and further I do hereby fully and absolutely release, cancel and forever discharge said Deed of Trust. • EXF(I0ITED: Nolo Dead MTom STATE OF COLORADO) St COUNTY OF GARFIFLD) _ The foregoing in9ttumrnt was T aCknowicdgcd before me by Shinny 1. 1 b BODllOiL Deputy public •Trustee For Sarfteld Count.. Colorado on PM 2 4 201 the e•u.na., .....ce of [:aunty, Coloado. In `f--Dt/ Datc Commisa a Expires Msirllarav EegtrPrh eittulee WiuxlaMy (land and Sial • �F.ct-x• � �.rr�i�n� rt�fi�s�'. No. 904. Rer. 6-92. (REQUEST FOR) (RELEASE) OP DEED OF TRUSTE Bradford Publishing 1743 Wane SI., Done,, CO 80202—(303)292-2500-11.97 I'PI �f:'Yi1�l, i,gtf.F'1;11:/fri:'r'A Li1!'lY! F, r1III eFre,ep»^s 052774 ••,9FE'S 0} !2 r r�: �. 4(ber rm.^• . , 0' ' . _. 0 00 Lr:., • 0 !AUNTY CO (sry.: sxa 0 0O. '. (00 Llg la1•Terce 11 0.1,. Fary aekomb i Onon, P.C. P.O DrrWwTIO 0n,000Sp,^u,0r0 COO. SPECIAL WARRANTY DEED THIS DEED, made this 161 day of August, 2014, between the LEONARD E. LORENTSON FAMILY TRUST, whose address is c/o Richard p. Schafntall, Trustee, PO Box 932, Kokomo, IN 46901, (Grantor) and LARRY TODD LORENTSON, whose address is PO Box 932, Kokomo, IN 46901, (Grantee). WITNESSETH, that the Grantor, for and in consideration of the sum of One Dollar, the cccipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms, unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, located in the County of Garfield and State of Colorado described as follows: SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either In law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. To HAVE AND TO HOLD the Bald premises above bargained and described, with the appurtenances, unto the Grantee, and the Grantee's heirs end assigns forever. The Grantor, for itself, its successors and ensigns, does covenant and agree that the Grantor shall and will WARRANT AND FOREVER DEPEND the above -bargained premises, in the quiet and peaceable possession of the Grantee and the heirs and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor except and subject to easements, restrictions, reservations and any other matters of record es of the date hereof and any rights of way of record, or situate and in use as of the date hereof. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. LEONARD E. LORENTSON F 1LY TRUST eA Richard D. chi fatal motto STATE OF COLORADO )es COUNTY OF GARFIELD ) The above and foregoing document was acknowledged before me this 161 day of August, 2014, by Richard D. Shafytall, Trustee of the Lennard E. Lorentson Family Trust. Myrmrmissionexpires: Witness my hand and official seal. YS.ir l�� Notary Publi SALLY GEIS VAGNEUR ROTARY PUBLIC STATE OF COLORADO OTARY ID r� 2tr •EIJ NOfdrIVrP,nuc, lm F}tirPI,i'Alk''llI ,Phil Re ct°A1,,, : as2715 0911612011 91 2 so 111 J..,, lilariol 2 °1 P set F.° 171 OP 501 r.. ° 0 GIA, MO" CWJIT1 CO EXHIBIT A CONDOMINIUM UNIT 2-F BRETTLEBERG CONDOMINIUMS According to the Co; idonunium Map, as amended, appearing in the records. of the County Clerk and Recorder, o:' Garfield County. Colorado, in Plat Book 3, at page 107 as Reception No. 259396, and as amended by Amended and Supplementary Map, appearing as Reception No. 262677, and as defined and described in that Condominium Declaration for Brettelberg Condominiums appearing in such records in Book 448 at Page 17 as Reception No. 259395 and in all amendments, thereto, appearing of record. CONDOMINIUM UNIT F-3 BRETTLEBERG CONDOMINIUMS According to the Condominium Map, as amended, appearing in the records, of the County Clerk and Recorder, of Garfield County, Colorado, in Plat Book 3, at page 107 as Reception No. 259396, and as amended by Amended and Supplementary Map, appearing as Reception No. 262677, and as defined and described in that Condominium Declaration for Brettelberg Condominiums appearing in such records in Book 448 at Page 17 as Reception No, 259395 and in all amendments, thereto, appearing of record, 1'ownshln 7 Booth. Itanne $2aVelt of the 6a P,M Section 33: SWI/4NE1/4, NW1/4SE1/4, W1/2W12SW1/4NWI/4, EXCEPT that portion of the S W l/4N W 1/4 conveyed to Barbara Higgs, as Trustee of the Higgs Children's Trust, by Deed recorded in Book 445 at Page 466 as Reception No. 258695. Section 32: E1/2E1/2SE1/4NE1/4, EXCEPT that portion of the SE1/4NEI/4 conveyed to Barbara Higgs, as Trustee of the Higgs Children's Trust, by Deed recorded in Book 445 at Page 466 as Reception No. 258695. WI2NE1/4, EXCEPTING 6.38 acres and a 16 foot road easement connected therewith situate in the N W 1/4NEI/4 of said Section 32, conveyed to Primo Martino and Virginia Martino, all as particularly described in a Deed dated April 4, 1972 and recorded in Book 429 at Page 245 as deception No. 253248 of the Garfield County Records, SEI/4NW 1/4, EXCEPT that portion of the SEI/4N W1/4 as conveyed to Sunlight Ranch Co., by Deed recorded in Book 518 at Page 667 as Reception No. 289912, EXCEPT a tract of land situate in the N W 1 /4 of the NEI /4 of Section 32, Township 7 South, Range 89 West of the 6m P.M. being more particularly described as follows: Beginning at the Northwest corner of said N W 1/4 of the NE1/4; thence S. 87°26'47" E. 326.70 feet along the North line of said NWI/4 of the NEI/4; thence S 03°07'48" W 400.00 feet; thence N 87°2047" W 326.70 feet to the West line of said N W 1 /4 of the NE1/4; thence N 03°07'48" E 400.00 feet along the West dine of the N W I /4 of the NE1/4 to the point of beginning. Also described as the Exemption Parcel on the Lorentson Exemption Plat recorded in the Garfield County records on January 15, 1999 as Reception No. 538800. EXCEPT a parcel of lend situated in the 13112N114, Section 32 and the W112NW 114, Section 33, Township 7 South, Range $9 West of the 6" P.M. being more particularly described as follows: Beginning ata point being a mbar and cap, 1...S. No. 26455 whence the North 1/16 corner of said Sections 32 and 33 beings number mbar with a 3 inch diometcr aluminum cap bears 16°22'49" W 367.83 feet thence S 31°0179" E 42.10 feet to a rebarr and cap, L.S. No. 26950; thence N 80°15'40" W 94.05 feet to a quifledh 1,P M 111/Silvtirl/ MINA 111111 R.e.ptlanIoo: a52718 Sania1R9. F,. 1 t 0 0 °Fe,pnp[y' Mit EL COUNTY CO • mbar and cap, L,S. No. 26950; tenet S 09°44'20" W 335.08 feel to a rehar and cap, L.S. No. 26950; thence N 8095'40" W 43.18 feel MB caber and cap, L.S. No. 26950; thence N 09'44'20" E 95.31 feet to mbar and cap, L.S. No. 26950; thence N 12°48'31" W 205.11 feel to a mbar and cap, L.S. No. 26950; thence x166°06'08" E 98.09 feel to a rcber and cap, L.S. No. 26950; thence N 85°05'43" E 110.30 feet so the point of beginning, said parcel containing 0.40 acres, more or less. TOGETHER WITH apares] of land situated in the W1/2NW114, Section 33, Township 7 South, Range 89 West of the 6° F.M. being more particularly described as follows: Beginning 01 a paint beings mbar end cap, L.S. No. 26950 whence the North 1/16 corner of said Sections 32 and 33 being A number 6 mbar with a 3 inch diameter aluminum cop bears N 34943.10" W 507.39 feet; thence S 09°44'20' W 335.08 feet to a mbar and cap, L.S. No. 26950; thence N 80°15'40" W 49.00 fees io a rcbar and cap, L.S. No. 26950; thence N 09°4420" S 133,98 feet lo a rebar and cap, L.S. No. 26950; thence N 14°19'47" W 148.74 feet to a rebar and cap, LS. No. 26950; thence N 3!°01'29" W 86,20 feet to a rcbar and cap, L.S. No. 26950; thence S 80°15'40" E 165.95 feet to the point of beginning, said parcel containing 0.60 acres, more or less. TOGETHER WITH Any and eII right, lisle, imeresl, claim and demand which the Grealm hen or may have in to all waters, water rights, ditches, ditch rights, springs and spring rights, reservoirs, reservoir rights, wells and well rights of every kind or nalurc whether or not adjudicated, decreed and/or permitted, with 011 'mem-ea and appurtenances appurtenant to, arising upon, used in conjunction with. or decreed for use upon she properties described above including any rights of Leonard E. Larenlson retained pursuant to Quit Claim Deed between Leonard E. Lorenison and Malcolm Ross Terry and Theresa Marie Terry recorded March 18, 1999 in Book 1119 at Page 939 as Reception No. 541991 of the Garfield County retards. Adjacent Property owners Darlene Martino 3075 county rd. 117 Glenwood Springs, CO 81601 White River National Forest 900 Grand Ave. Glenwood Springs, CO 81601 Sunlight Inc. 10901 county rd 117 Glenwood Springs, CO 81601 Alpine Trust and Asset Mgmt Trustee for Trust under Will of Henry P. Williams Jr. FBO Williams, Eric C. 225 N 5TH Street Grand Junction, CO 81501 SSI Holdings, LLC 5111 Maryland Way Suite 201 Brentwood, TN 37027 Adjacent Property owners Darlene Martino / 3075 county rd. 117 Glenwood Springs, CO 81601 1 Joyce Ellis 3075 county rd. 117 Glenwood Springs, CO 81601 White River National Forest PO Box 948 Glenwood Springs, CO 81602 Sunlight Inc. 10901 county rd 117 Glenwood Springs, CO 81601 Alpine Trust and Asset Mgmt Trustee for Trust under Will of Henry P. Williams Jr. FBO Williams, Eric C. 225 N 5TH Street Grand Junction, CO 81501 Stirling Mountain Properties - PO Box 120897 Nashville TN 37212 1111111 11111 11IIII Mil 101 11111 1411 111 11111 11111111 541990 03/16/1999 11:46A 81119 P937 n ALSOORF 1 of 2 R 11-00 0 3.00 GARFIELD COUNTY CO sPICC1AI. )'ARRA,Nl Y DEED ']HIS DEED, Mad: this 5TH Canada IX day of PL'Trc17 Leonard E. Lorentson -I)99 . of the ,State of Colorado. grantors) and Malcolm Ross Terry and Theresa Marie Terry, as Joint Tenants s hose legal address R 75 Pickett Pin Lane, Snowmass, Colorado 51654 County or , State of Colorado. gnmtee(s): NTI NESNLIH,'I hal the grantor(s), for and in consderalion of the sum of Ten and 00/100 DOLLARS, Ilv: nx-nipt 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(s) if any, Situate lying and being in the described as follows: t Mins and assigns forever. all the seal property, tngcther with improvements, county f Garfield , State ofColorado, Described on Exhibit A, attached hereto and incorporated herein by this reference. also known by' street and number as: N/A - Vacant Land assessor's schedule or parcel number: TOGETHER with all and singular the hereditaments and appuncnanccs thereto belonging, or in anywise appertaining, and the reversion and reversion, remainder aal remaifders, rents, issues and profits thereof; and all the estate, right, Iitle, interest, claim and demand whatsoever Male grantor(s), stillest in law or equity, or, in and to the above bargained premises, with the hereditaments and appurtenances: "1'f! IIAVE AND TO 1101.D the said premises above bargained and described with the appurtenances, unto he gmtace(5), t ficin Ind assigns furevcr. The grantor(s)fm himsel f his heirs and personal represcatal ices or successors, do covenant and agree dim he shall and will WARRANT AND FOREVER DEFEND Ilk above -bargained premises in the quiet and peaceable possession of the grantee(s), theirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor(sy subject to real property taxes not yet due and payable, * IN WITNESS WHEREOF, the grantor(sl haS executed this deed tm the date ref froth ohms. * and ail matters of record. S (*ATE OF COLORADO County of1—c- The fof upping(mlrumenlN• aeknr5wkdytd before me this a ,aa by i.('"Cf`(ts".f91r'y�AG� '!I in Censer. iter 818 Colorado A Glenwood Springs, C0-81601 y Commission expires April 28, 2001. LEONARD E. LORENTSON day of )lc I- eh .t9 '1q Witness my hand and official seal �Imti� dpi Notary P4htk NI".nan4t vs CPIMA, .'491 rin.lr C'rraRal LOA tx.wrilaftif )6.55•L16 5.0 R Si iL1 hi r 4 k' Lawrence R. Green Glenwood 8pfk)gs, CC;`u Inc. 16- Rev. 4-94, SPECIAL WARRANTY DEED Bradford Publishin& 1743 Wane 3 , Denver, 1'080202 — (303) 292-2500 — 4-93 111111 11111 11111111111 111111111 111111111111111 1111 1111 541990 03/18/1999 111460 B1119 P938 0 ALSOORF 2 of 2 A 11 00 0 3.00 GARFIELD COUNTY CO EXHIBIT A A TRACT OF LAND SITUATE IN THE NW1/4 OF THE NE1/4 OP SECTION 32, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6TH PRINCIPAL MERIDIAN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID NW1/4 OF THE NE1/4; THENCE S 87 DEGREES 26'47" E 326.70 FEET ALONG THE NORTH LINE OF SAID NW1/4 OF THE NE1/4; THENCE S 03 DEGREES 07'48" W 400.00 FEET; THENCE N 87 DEGREES 26'47" W 326.70 PEET TO THE WEST LINE OP SAID NW1/4 OF THE NE1/4; THENCE N 03 DEGREES 07'48" E 400.00 FEET ALONG THE WEST LINE OF THE NW1/4 OF THE NE1/4 TO THE POINT OF BEGINNING. ALSO DESCRIBED AS TH8 EXEMPTION PARCEL ON TH8 LORENTSON EXEMPTION PLAT RECORDED IN THE GARFIELD COUNTY RECORDS ON JANUARY 15, 1999 AS RECEPTION NO. 538800. TOGETHER WITH: A PERPETUAL, NON-EXCLUSIVE ACCESS EASEMENT SITUAT8 IN THE NW% OF THE NESE OF SECTION 32, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6" PRINCIPAL MERIDIAN /HUNG 30 FEET IN WIDTH AND LYING 15 FEET ON EACH SIDS OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT IN THE RIGHT-OF-WAY OF USFS ROAD N0. 300 WHENCE THE NORTHWEST CORNER OF SAID NW1/4 OF THE NE1/4 BEARS N 24 DEGREES 45'54" W 1516.58 FEET; THENCE N 32 DEGREES 26'19" 8 447.98 FEET; THENCE N 18 DEGREES 36'46" 8 153.97 FEET; THENCE N 24 DEGREES 00'24" W 62.07 FEET; THENCE N 66 DEGREES 46'06" W 116.97 FEET; THENCE 187.77 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OP 220.51 FEET, A CENTRAL ANGLE OF 48 DEGREES 47'20", AND SUBTENDING A CHORD BEARING S 88 DEGREES 50'14" W 182.14 FEET; THENCE 3 64 DEGREES 26'34" W 65.73 FEET; THENCE 110.07 PEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OP 157 DEGREES 40'11", AND SUBTENDING A CHORD BEARING N 36 DEGREES 43'20" W 78.49 FEET; THENCE N 42 DEGREES 06'46" E 94.45 FEET; THENCE 142.34 FEET ALONG THE ARC OFA CURVE TO THE RIGHT, HAVING A RADIU3 OF 268.52 FEET, A CENTRAL ANGLE OF 30 DEGREES 22'19", AND SUBTENDING A CHORD BEARING N 57 DEGREES 17'55" B 140.60 FEET; THENCE 114.31 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 163 DEGREES 44'11", AND SUBTENDING A CHORD BEARING N 9 DEGREES 23'01" W 79.20 FEET; THENCE S 88 DEGREES 44'54 W 168.38 FEET; THENCE S 75 DEGREES 17'53" W 195.81 FEET; THENCE S 69 DEGREES 39'07" W 262.03 FEET; THENCE 120.21 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 40.00 PEET, A CENTRAL ANGLE OF 172 DEGREES 11'27", AND SUBTENDING A CHORD BEARING N 24 DEGREES 15'09" W 79.81 FEET; THENCE N 51 DEGREES 50'34" E 173.96 PEET; THENCE N a" DEGREES 35'32" E 95-.1-1- FEET TO THE SOUTH -LINE OF THE EXEMPTION PARCEL, THE POINT OF ENDING. COUNTY OF GARFIELD STATE OF COLORADO 1W230747 January 29, 2018 Mineral interests research for the Lorentson Exemption Plat Parcel This purpose of this letter is to document the research into mineral interests for the properties involved in the proposed amendment of the plat of the Lorentson Exemption plat. I reviewed the deeds involved and found no mention of mineral ownership. I reviewed the title insurance policy and found no mineral ownership for this property. I obtained a Property Profile report from the Assessor's office for the Section 32 township 7 Range 89 section and found no mineral ownership for the parcels. I reviewed the Mineral Estate ownership book at the clerk and recorder's office and found no record of mineral ownership for these parcels. I researched the Clerk and recorders computer records for the Parcels and found no mineral ownership that pertained to these parcels. Respectfully, Malcolm Ross Terry ACCESS EASEMENT UNE TABLE LINE BEARING LENGTH L1 S 2445'54" E 151858' L2 N 327619' £ 447.98' L3 N 1836'46' E 15197' L4 N 241724' W 62.07' L5 N 6646'6" W 116.97' L8 S 6426'34" W 65473' L7 N 425'46' E 94.45' L8 N 5777'55' E 14x68' L9 S8844'54"W 1M38' L10 S 7577'53' W 19581' L11 S69.397'W 2620,' L12 N 6150'34' E 17.196' L13 N 3935'32' E 9511' ACCESS EASEMENT CURVE' TABLE CURW LENGTH RADIUS TANGENT CHORD BEARING DELTA C1 187.76' 22(451' 10(400' 18214' S 885014' W 4847111' C2 109.09' 4(400' 19(435' 7x29' S 3643120' £ 15675'52' C3 114,34' 4(400' 280.72' 7920' N 97311' W 16346'51" C4 12(415' 4(400' 579.35' 79.81' S 24752' E 17239J' 200 White River National Forest Parcel/ 239520200958 North 1/4 Corner of Sec. 32-7-89 NW Corner of Lorentson Exemption Parcel Rec. 538800 L.S. No. 15710 Malcolm Ross Terry & Theresa Marie Terry 1510 Forest Service Road 300 Glenwood Springs, Co. 81601 Parcel # 239532100147 P. O.B of remaining Fathering Parcel NE 1/1 OP Nr 1/1 C -N 1/16 Sec. 32- 7-89 GRAPHIC SCALE 0 100 200 400 INFEET) 1 inch = 200 ft SA' 1/1 OP Kr 1/1 N.' 1/1 OF NIP 1/1 Ski Sunlight Inc. Parcel # 239532300083 Site ,pec. 2-7-89 -89 Lot 1 it To Glen jroo.l Springs ..' 0uy Lot 2 VICINITY MAP: SCALE 1" = 1000' Notice. - According to Colorado law, you must commence any legal action based upon any defect in this survey within three years ager you first discover such defect. In no event may any legal action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. White River National Forest Parcel # 239520200958 • $ 87•26'.1y" 8 5151' LOT LINE DISSOLVED BY TH/S PLAT Lot / Acres 8.52 acres 326.70' Total N87'28tor 217811 L10 kso,,, O NEW L O T N Sec Re to the NW Corner of the NW 1/4 of the NE 1/4 of Sec. 32-7-89 Found rebar with 3" Aluminum Cap L.S. #15710 20n 8,9 Fathering Parce :1 L' VD S 8726'47" E 25244' aqW !\ 0 O (?) PARCEL ADDED TO LOT 1 (3.52 acres) L9 v- 258.99' S 87'26'47" E 463.00' Parcel Reception No. 253248 p 4 in Book 429 at Page 245 00' to Darlene C Martino & Joyce / Ellis oParcel # • 239532100044 :7 Nr 1/1 OF A271/1 N 8726'47" W 463.00' N 8726'47" W c1 Remaining Fathering Parcel 86.11 acres more or less .5/ 721.99' Centerline of Access Easemen t per Lorentson E pti Plot rec. no. 511;800 Approximate location of 4 Mi/e Rood (USFS Rood 300) Lot z Fathering Parcel (Larry Todd Lorentson) Sr 1/1 OF NE1,/1 Fathering Parcel Lorry Todd Loren tson P.O. Box 932 Kokomo, IN, 46901 Parcel # 239532100082 White River National Forest Parcel# 239520200958 Original Site Data LOT 1: 5.00 Acres LOT 2 : 89.63 Acres more or less. Amended Site Data Lot 1 : 8.52 Acres Lot 2 : 86.11 Acres more or less Section 82--7-89 Se 1/1 Legend and Notes: - •FOUND A #5 REBAR WITH FOREST SERVICE 3" ALUM/NUM CAP STAMPED FOREST SERVICE INDICATES FOUND NO.5 REBAR & 1 1/4" YELLOW PLASTIC CAP MARKED LS 15710 OR AS DESCRIBED HEREON. 0 INDICATES SET N0.5 REBAR & RED PLASTIC CAP MARKED LS 33638 THE PURPOSE OF THIS PLAT IS TO DISSOLVE THE EAST LINE OF L O T 1 AND ACQUIRE 3.52 ACRES OF LOT 2. BEARINGS ARE BASED UPON A FOUND #5 REBAR WITH 3" ALUMINUM CAP, L.S. NO. 15710 AT THE CENTER -NORTH 1/16 SEC. 32 AND A FOUND #5 REBAR WITH 3" ALUMINUM CAP, L.S. NO. 15710 AT THE NORTH 1/4 CORNER SEC. 32, USING A BEARING OF N 03" 07'48" E" BETWEEN THE TWO DESCRIBED MONUMENTS. - THIS SURVEY DOES NOT REPRESENT A TITLE SEARCH BY TH/S SURVEYOR TO DETERMINE OWNERSHIP OR TO DISCOVER EASEMENTS OR OTHER ENCUMBRANCES OF RECORD AND NO T/TLE COMMITMENT WAS PROVIDED AT THE TIME OF THIS SURVEY. ALL PLAT NOTES SET FORTH ON THE LORENTSON EXEMPTION PLAT, RECORDED JANUARY 15, 1999 AS RECEPTION NO. 538800, AND ANY AMENDMENTS THERETO APPLICABLE TO THE TRACTS DESCRIBED IN TH/S AMENDED PLAT, SHALL REMAIN IN EFFECT • n Second Amendment to Lot > and Lot 2 Lorentson exemption Plat Section 32, 77ownshv 7 SouM, Range 8,9 Itese, 6ih. P.111, Garfield County, Colorado. The purpose of dais plat is and acquire Original Parcel 1Oescriptions: Lot 1 (Exemption Parcel): As shown on the `Amendment to Lorentson Exemption Plat'', Section 32, Township 7 South, Range 89 West, 6th. P.M., Garfield County, Colorado recorded November, 2015 as Recep tion No. 870055, containing 5.00 acres. Lot 2 (Fathering Parcel): As shown on the `Amendment to Lorentson Exemption Plat, Section 32, Township 7 South, Range 89 West, 6th. P.M., Garfield County, Colorado recorded November, 2015 as Recep tion No. 870055. (Also being a Tract of land situated in Section 32, Township 7 South, Range 89 West of the 6th. Principal Meridian being more particu/ary described as follows: Fathering Parcel as shown on the Exemption Plat of Lorentson Exemption Plat Recorded in Book 1109 at Page 226 as Reception No. 538800, dated January 15, 1999. Excepting out the -Exemption Parcel" as shown thereon and the 2.00 acre parcel shown on the said `Amendment to Lorentson Plat".) Second Amendment to Lot 1 and Lot 2 Lorentson exemption Rat Aarcel Descriptions:. Lot 1 (Exemption Parcel): As shown on the `Amendment to Lorentson Exemption Plat, Section 32 Township 7 South, Range 89 West, 6th. P.M., Garfie/d County, Colorado recorded November, 2015 as Reception No. 870055, containing 5.00 acres. Together with the following described parcel: Beginning at a point whence a 3" Aluminum Cap L.S. No. 15710 found at the North 1/4 Corner of said Section 32 bears N 8726'47" W a distance of 796.95 feet (with all bearings being relative to a bearing of N 8726'47" W between said North 1/4 Corner and a 3" Aluminum Cap U.S.F.S found at the Northwest Corner of Section 33) a/so being a point at the Northwesterly Corner of o parcel of land described described in Reception No. 253248, thence along the westerly line of said parcel described in Reception No. 253248 S 0230'15" W a distance of 600.00 feet to Southwesterly Corner of said parcel described in Reception No. 253248; thence N 8726'47" W a distance of 258.99 feet; thence N 0307'48" E a distance of 200.03 feet to the Southeaster/y corner of said Lot 1, thence continuing along the easter/y line of said Lot 1 N 0307'48" E a distance of 400.00 feet to the northeaterly corner of said Lot 1 also being a point on the northerly line of said Section 32 thence S 8726'47" E along said northerly line of said Section 32, S 8726'47" E a distance of 252.44 feet to the point of beginning, containing on area of 3.52 acres. Lot 2 (Fathering Parcel): As shown on the Amendment to Lorentson Exemption Plat, Section 32, Township 7 South, Range 89 West, 6th. P.M., Garfield County, Colorado recorded November, 2015 as Reception No. 870055. With the Exception of the following described parce/: Beginning at a point whence a 3" Aluminum Cap L.S. No. 15710 found at the North 1/4 Corner of said Section 32 bears N 87'26'47" W a distance of 796.95 feet (with all bearings being relative to a bearing of N 8726'47" W between said North 1/4 Corner and a 3" Aluminum Cap U. S. F. S. found at the Northwest Corner of Section 33) also being a point at the Northwesterly Corner of a parcel of land described in Reception No. 253248, thence along the westerly line of said parcel described in Reception No. 253248 S 0230'15" W a distance of 60000 feet to Southwesterly Corner of said parcel described in Reception No. 253248; thence N 8726'47" W a distance of 258.99 feet; thence N 0307'48" E a distance of 200.03 feet to the Southeasterly corner of said Lot 1, thence continuing along the easterly line of said Lot 1 N 0307'48" E a distance of 400.00 feet to the northeaterly corner of said Lot 1 also being a point on the norther/y line of said Section 32 thence S 8726'47" E along said northerly line of said Section 32 S 8726'47" E a distance of 252.44 feet to the point of beginning, containing an area of 3.52 acres. to dissolve the East line of Lot > 8.52 acres from Lot 2. Access Easement Description An Access Easement situate in the NW1/4 OF THE NE1/4 of Section 32, Township 7 South, Range 89 West of the 6th. Principal Meridian being 30 feet in width and lying 15 feet on each side of the following descried centerline: Beginning at a point in the right-of-way of USFS Road No. 300 whence the Northwest corner of said NW1/4 of the NE1/4 bears N 24'45'54" W, 1516.58 feet; thence N32 26'19 "E 44798 feet; thence N 1836'46" E 153.97 feet; thence N 24'0024" W 62.07 feet; thence N 6646'06" W 116.97 feet; thence 18777 feet along the arc of a curve to the /eft, having a radius of 220.51 feet, a central angle of 48'4720'; and subtending a chord bearing S 88'50'14" W 182.14 feet; thence S 6426'34" W 65.73 feet; thence 110.07 feet along the arc of a curve to the right, having a radius of 40.00 feet, a central angle of 157'40'11', and subtending a chord bearing N 3643'20" E 78.49 feet; thence N 4206'46" E 94.45 feet; thence 142.34 feet along the arc of a curve to the right, having a radius of 268.52 feet, a central angle of 3022'19'; subtending a chord bearing N 57'17'55" E 140.68 feet; thence 114.31 feet along the arc of a curve to the left, having o radius of 40.00 feet, a central angle of 16344'11'; and subtending a chord bearing N 923'01" W 79.20 feet; thence S 8844'54" W 168.38 feet; thence S 7577'53" W 195.81 feet; thence S 6939'07" W 262.03 feet; thence 120.21 feet along the arc of a curve to the right, having a radius of 40.00 feet, a central angle of 172'11'27", and subtending a chord bearing N 2475'09" W 79.81 feet; thence N 61 '50'34" E 173.96 feet; thence N 3935'32" E 9511 feet to the South line of the Exemption parcel, the point of end. County Commissioners Certificate Based upon the review and recommendation of the Garfield County Director of Community Development, the Board of County Commissioners of Garfield County, Colorado, hereby approves this Amended Final Plat this ___ day of , A.D. 2018, for filing with the Clerk and Recorder of Garfield County and for conveyance to the County of the public dedications shown hereon, subject to the provisions that approval in no way obligates Garfield County for the financing or construction of improvements on lands, public roads, highways or easements dedicated to the public, except as specifically agreed to by the Board of County Commissioners by subsequent resolution. This approval shall in no way obligate Garfie/d County for the construction, repair or maintenance of public roads, highways or any other public dedications shown hereon. Chairman, Board of County Commissioners Garfield County, Colorado Witness my hand and seal of the County of Garfie/d. ATTEST: County C/erk County Surveyor's Certificate: Approved for content and form only and not the accuracy of surveys, calculations or drafting, pursuant to C.R.S. § 38-51-101 and 102, et seq. Dated this day , A.D., 2018. Garfield County Surveyor Surveyor's Certificate /, Jeffrey Allen Tutt/e, do hereby certify that l am a Professional Land Surveyor licensed under the laws of the State of Colorado, that this Plat is a true, correct and complete Plat of the Amended Final P/at Lorentson Exemption Plot, as laid out, platted, dedicated and shown hereon, that such Plat was made from an accurate survey of said property by me, or under my supervision, and correct/y shows the location and dimensions of the tracts, easements as the same are staked upon the ground in compliance with applicable regulations governing the subdivision of land. In witness whereof, l have set my hand and seal this ____ day of , A.D., 2018. Professional Land Surveyor: Jeffrey Allen Tutt/e, P.L.S. #33638 727 Blake Avenue Glenwood Springs, CO 81601 /Certificate of Dedication and Ownership The undersigned, being sole owner's in fee simple of all that real property being more particularly described as follows: Lot 1, Amendment to Lorentson Exemption Plat and Lot 2 Amendment to Loren tson Exemption PlatParcel as shown on the Amendment to Lorentson Exemption Plat, Section 32 Township 7 South, Range 89 West 6th. P.M, Garfield County, Colorado. recorded as Reception No. 870055. have caused the described real property to be surveyed, laid out, platted into a tract as shown on this Amended Final Plat under the name and style of SECOND AMENDEDMENT TO LOT 1 AND LOT 2 OF L OREN TSON EXEMPTION PLAT, a subdivision in the County of Garfield. The Owners do hereby dedicate and set apart all of the streets and roads as shown on the accompanying plat to the use of the public forever, and hereby dedicate to the Public Utilities those portions of said real property which are labeled as utility easements on the accompanying Plot as perpetual easements for the installation and maintenance of utilities, irrigation and drainage facilities, including, but not limited to, electric lines, gas lines, telephone lines, together with the right to trim interfering trees and brush, with perpetual right of ingress and egress for installation and maintenance of such lines. Such easements and rights shall be utilized in a reasonable and prudent manner. All expense for street paving or improvements shall be furnished by the seller or purchaser, not by the County of Garfield. EXECUTED this day of , A.D. 2018. By. Ross Malcolm Terry, Owner- Lot 1 of Amendment to Lorentson Exemption By. Theresa Marie Terry, Owner- Lot 1 of Amendment to Lorentson Exemption By. Larry Todd Lorentson, Owner- Lot 2 of Amendment to Lorentson Exemption STA TE OF COLORADO COUNTY OF GARFIELD ss. ) The foregoing Certificate of Dedication and Ownership was acknowledged before me this day of , A.D. 2018 by Ross Malcolm Terry and Theresa Marie Terry. My commission expires: WITNESS my hand and official seal. STATE OF COLORADO COUNTY OF GARFIELD ) ss. The foregoing Certificate of Dedication Notary Public and Ownership was acknowledged before me this day of , A.D. 2018 by Larry Todd Lorentson. My commission expires: WITNESS my hand and official seal. Notary Public Title Certificate 1, , an attorney licensed to practice law in the State of Colorado, or agent authorized by a title insurance company, do hereby certify that l have examined the Title to all lands shown upon this Plat and that Title to such lands is vested in , free and clear of all liens and encumbrances (including mortgages, deeds of trust, judgmen ts, easements, contracts and agreements of record affecting the real property in this Plat), except as follows: DATED this ___ day of , A.D., 2018. OR TITLE COMPANY: Agent Attorney Colorado Attorney Registration No. Clerk and Recorder's' Certificate: This Plat was filed for record in the Office of the Clerk and Recorder of Garfield County, Colorado, at o'clock __M., on this day of A.D., 2018, and is duly recorded as Reception No. Clerk & Recorder By Deputy Certificate of Taxes Paid 1, the undersigned, do hereby certify that the entire amount of taxes and assessments due and payable as of , upon all parcels of real estate described on this Plat are paid in full. DATED this ___ day of , A.D., 2018 Treasurer of Garfield County Second Amended Plat of ./•4 QL4, -c1+2) W u Ua1 W H ILI tin 7. ilk\111 a W J N F imm