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1.0 Schultz Amd Plat Application Part 1
Garfield County ommunity Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com DIVISIONS OF LAND APPLICATION FORM TYPE OF SUBDIVISION/EXEMPTION u Minor Subdivision MN Preliminary. Plan Amendment = Major Subdivision .Final Plat Amendment Ti Sketch OPreliminary (]Final Common Interest Community Subdivision ME Conservation Subdivision = Public/County Road Split Exemption n Yield lIM5ketch QPreliminarvOFinal = Rural Land Development Exemption EJ Time Extension l] Basic Correction Exemption INVOLVED PARTIES Owner/Applicant_ Name: A--.70 Ai A/APd J G'/f41/ /[ 7C /TZPhone: ( q70 1 6/1--‘7-5-- 2_47S 0 335- dg's 9 GA j 53 'Mailing Address: 5, II City: J /'� OA �fiLr. Par J fu! s ate '2L Zip Code: C / L f" E-mail: 5-ACI-lt Z.S efciAlatI.,. ee Representative (Authorization Required) Name: Mailing Address: City: State: ip Code: E-mail: PROJECT NAME AND LOCATION Project Name: Assessor's Parcel Number: a`- t q I - 6 _ 0 U- / if cL Physical/Street Addre : 2 6,75 £!Z33 2157 CiL, 53.E 'r-' 2L-75 caetrv.,) g �w,��N t _ 14 iAA/6 9/ tA/ �' -fiz_ Legal Description: fg6l RA L Property Size (acres): 247C ~ F A c i -e j / 34(42-P) Zone District: , , /6 V Project Description 41Q041 -0t 1 Existing Use: Proposed Use (From Use Description of Project: Table 3-403): JJ 6 CA ek N ,— e A.k 0 l d6, re.")' e I.– �! ^, - _ Proposed Development Area Land Use Type # of Lots # of Units Acreage Parking Single Family Duplex C!, Multi -Family Commercial Industrial Open Space Other Total REQUEST FOR WAIVERS Submission Requirements 0 The Applicant reqT sting a Waiver of Submission Requirements per Section 4-202. List: Section: Section: Section: Section: Waiver of Standards 0 The Applicant is requ sting a Waiver of Standards per Section 4-118. List: Section: �, J f j Section: Section: Section: I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. Signature of Property Owner or Authorized Representative, Title Date OFFICIAL USE ONLY File Number: EX A- I i 2 Fee Paid: $ foo. u Pro . ject Description e •51--t.4.5-0, Ail: 'eT5td,P10----ta; - ----- -- - - - - --- ---- — — ' Existing Use: Proposed Use (From Use Table 3-403): IJ 6 CAM hi eye Description of Project: _LI/ p._01,!-)61, Proposed Development Area ._ . . Lots . Land Use Type N of Units Acreage Single Family 1.-----1 Duplex L : Multi -Family — i Commercial ----, -I Industrial Open Space . _ LOther • Parking id REQUEST FOR WAIVERS T;s1;iiequirernents 0 The Applicant requ sting a Waiver of Submission Requirements per Section 4-202. List: Section: 4 Section: Section: Section: Waiver of Standards 0 The Applicant is requ sting a Waiver of Standards per Section 4-118, List: Section: fki 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. Signatu .of Propert er or Authorized Representative, Title Date -04ICIALi SE ONLY r-- - File Number:La A - F Fee Paid:$ /00 00 Garfield County Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 As'ww.garficici-CO titllv'.cattl PRE -APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: 2181-082-00-142 & 2181-081-00-213 DATE: 7/24/19 PROJECT: Amended Final Plat Schultz Subdivision Exemption OWNERS: Ronald and Karen Nadon Craig and Elisa Schultz SURVEYOR: To be Determined PRACTICAL LOCATION: 2675 County Rd. 335, Silt, CO 81652 2859 County Road 335, New Castle, 81647 TYPE OF APPLICATION: Amended Final Plat ZONING: Rural (R) I. GENERAL PROJECT DESCRIPTION The Applicant plans to request approval to adjust the lot line between the two parcels to conform with an existing fence line. The parcels were created by a Subdivision Exemption approved by Resolution No. 78-96. While a plat was not recorded for the Subdivision Exemption. The resolution contains general description for the acreage of the Tots and required a legal description to be filed with the County. While no legal description is reflected in the Community Development Files, an amended plat is the appropriate means for revising the lot descriptions and the acreage that was approved by the Board in 1978. The amended plat will need to meet all Land Use and Development Code and survey requirements for Final Plats. II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS The following Sections of the Garfield Land Use and Development Code as amended apply to the proposed Application: • Section 5-305 — Amended Final Plat Review and Review Criteria • Table 5-103 Common Review Procedures and Required Notice • Table 5-401 Submittal Requirements • Section 5-402 Description of Submittal Requirements including requirements for a Final Plat • Section 4-103 Administrative Review and Section 4-101 Common Review Procedures • Article 7, Divisions 1, 2, 3, and 4 as applicable III. SUBMITTAL REQUIREMENTS As a convenience outlined below is a list of information typically required for this type of application. The listing can function as a checklist for your submittal. ❑ General Application Materials including the Application Form (signed), payment of Fees and signed Payment Agreement Form (see attached). A narrative describing the request and related information. yd Proof of Ownership (title work and/or copy of a deed) and information on any lien holders. If the property is owned by an LLC or Trust a signed and recorded Statement of Authority is needed to document the authority of the signatory in regard to the Application and any authorization to represent. ❑ Names and mailing addresses of property owners within 200 ft. of the subject property from Assessor's Office Records (see attached/Applicant needs to confirm). vel Mineral rights ownership for the subject property including mailing address and/or statement on mineral rights research (see attached). If an owner intends to have a representative complete the Application and processing then an authorization letter is needed. L Copy of the Preapplication Summary needs to be submitted with the Application. o The Proposed Plat showing the existing and the proposed adjusted lot lines. The Tots lines need to be clearly labelled. All easements shall be shown and labelled. All required certificates (signature blocks) shall be included on the plat. As there are improvements on the property, improvement location information/survey shall be required to confirm that the revision to the Tots no result in any non -conforming setbacks. A Vicinity Map for use in the required public notice is needed. The vicinity map should include that area within approximately 3 miles of the proposal and be on an 8% " x 11 " format to allow attachment to the public notice (see attached). The Application should include a waiver request from submittal of an Improvements Agreement. Reference to the waiver criteria in Section 4-118 should be included. Copy of any covenants on the property or reference to recording information for the covenants. Copy of the original Resolution of Approval No. 78-96 (see attached) The Application should include a representation that the amendment will not result in any changes to drainage, access, utility services, and any other applicable Subdivision and Article 7 topics. 1i Copies of the Homeowners Association Review of the request if an association exists. IV. REVIEW PROCESS The review process shall following the steps contained in Table 5-103 and Section 4-103 for an Amended Final Plat and Administrative Review summarized as follows: ➢ Pre -application meeting. ➢ Submittal of the Application (3 copies plus one CD or USB Stick). The Electronic copy needs to use a PDF format. ➢ Completeness Review. ➢ Additional submittals if needed. ➢ Referrals, including County Surveyor. ➢ Setting a date for the Director's Decision. ➢ Public Notice 15 days prior to the Director's Decision to property owners within 200 ft. and mineral rights owners on the subject property. ➢ Director's Decision including any conditions. ➢ 10 day Call-up Period. ➢ Finalizing the Plat and satisfaction of any conditions. ➢ Circulation for Applicant/Owner and other signatures. ➢ The final steps in the process are Board of County Commissioners execution of the plat as a consent agenda item and recording the amended plat. Public Hearing(s): X No Public Hearing, Directors Decision (with notice per code) _ Planning Commission _Board of County Commissioners Board of Adjustment Referral Agencies: May include but is not limited to: Garfield County Surveyor, Garfield County Attorney, Garfield County Building Department, V. APPLICATION REVIEW FEES Planning Review Fees: $100 Referral Agency Fees: $na Total Deposit: $100 (additional hours are billed at hourly rate of $40.50) VI. GENERAL APPLICATION PROCESSING 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. The summary is valid for a six month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal. Pre -application Summary Prepared by: Glenn Hartmann, Principal Planner 772- ifi Date Approximately 2 months if submittal is complete Garfield 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 •10 business days to review * If incomplete, 60 days to remedy deficiencies Step 4: 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 ■21 day comment period Step 6: Evolution by Director 'Step*. Dirc•`pr's l?ecision • CaII-up Period - within 10 days of Director's Decision * Final Plat must be signed by the BOCC and be recorded within 10 business days of approval. Recorded at :Reception-No__'�:`" o' clock....J........ M. DAG . 3 1978 _�. 0 fr. _ Ella Stephens. Reoorder `. am 520 1,6E07 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO RESOLUTION 78 - WHEREAS, Gary L. Schultz has petitioned the Board of County Commissioners of Garfield County, • Colorado, for an exemption from the definition of the terms "subdivision" and "subdivided land" under C.R.S. 1973, 30-28-101 (10) (a) -(d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted September 1, 1972 and amended April 14, 1975, Sections 1.02.17 (d) and 3.02.01, for the division of 75.5 acre tract into two (2) tracts of approximately twenty-eight (28) acres each (hereinafter tracts "A" and "B"), and two (2) tracts of approximately ten (10) acres each (hereinafter tracts "C" and "D"), more or less, and said 75.5 acre tract is more particularly described as follows: Section 8. Lot 1(37.00), 2(38.50). A tract of Meander land in Ni N, Containing 7.15 acres. Beginning at a point at the Center of the Colorado River and the West line of lot 2 extended, thence along Center of River N. 88°36' E. 465' M/L, thence S. to S. Meander line thence following S. Meander line across the N. line of lots 1 & 2 thence N. to Point of Beginning. Total of 82.65 acres. WHEREAS, the Petitioner has demonstrated to the satisfaction - of the Board of County Commissioners of Garfield County, Colorado, that he desires said exemption for the purpose of resale of said tracts into single-family residential acreage, and; WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield, Colorado, that there is a reasonable probability of locating domestic water on each of said tracts, that there is adequate ingress and egress to said tracts, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is in accordance with the general purposes and intent of the Subdivision, Regulations of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d) as amended; NOW, THEREFORE, upon thc: motion of Flaven J. Qrise, seconded by Richard c. Jolley, and carried,- said 75;5' acre tract of land is hereby ...exempted from such definitions and said tract may be div'ided into two (2) tracts of 28 acres each and two (2) tracts of 10 acres each, .more or- less, all as is more fully described above, and said divided tract may be conveyed in the form -of' -•such smaller tracts without further compliance with thesubdivision statutes and regulations; provided, however, that said:exemption is .conditioned upon transfer of title on -said tracts r"Arr, UB", "C" •and. "D" to the Petitioner, and further that said exemption is conditioned on tbe Petitioner obtaining a proper legal description of said tracts prior to any conveyance Thereof. Further, this exemption is granted on the condition and with the express understanding and' agreement of the Petitioner that no further exemptions shall be alloWed on said tracts. "A", "8","C" and ."8". A copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 18th day of September, AID.; 1978. - Attest :. D4piity9ei'k�' of the Bald o Coun Commissioners • Garfield County, Colorado, . r: THE BOARD Or COUNTY C0 •U• :SSIQMEF„S- GARFIELD COUNTY, COLORADO By OLORA DO - By : -ta Larry Ve1as'au •,r • asr IGarfieId County Garfield County Land Explorer Garfield County, Colorado L 218106300135 218106300219 6 218106100183 218106400056 218105200276 218107200203 218107200104 218107300235 7 t S Z.-1'+71tifo.9 218105300293 218105100206 ni 5 218105400035 -I t•f U • • 218105400274 2-4810820671 5 218108102214 218117200686 f Fi� r Vce 9 Garfield County Land Explorer Printed by Web User 1 inch = 1,505 feet 1 inch = 0.28 miles 0.2 0.9 w 0,8 Miles Garfield County Colorado Garfield County www.garfield-county.com Colorado Disclaimer This Ise compilation of records as they appear In the Garfield [malty Offlre s alfecting the area shown. This drawing is to be used only for reference purposes and the County is not responsible for any inaccuracies herein contained. © Copyright Garfield County, Colorado 1 AR Rights Reserved Printed: 7/25/2010 at 3:05:53 PM Garfield County Land Explorer Garfield County Land Explorer Parcel Physical Address Owner Account Num Page 1 of 1 Mailing Address 218105300294 Not available NEW CASTLE 218107100951 218108100213 218108200142 218108200215 Not available NEW CASTLE 2859 335 COUNTY RD NEW CASTLE 2675 335 COUNTY RD SILT 2656 335 COUNTY RD NEW CASTLE LAIDLAW, TOM F & NAOMI M BUREAU OF LAND MANAGEMENT SCHULTZ, CRAIG L & ELISA KATHLEEN NADON, RONALD L & KAREN L FETCHIK, PHILLIP F & MARJORIE F R082618 R231037 R230855 R023079 R230857 234 COUNTY ROAD 236 SILT, CO 81652 2300 RIVER FRONTAGE ROAD SILT, CO 81652 2859 COUNTY ROAD 335 NEW CASTLE, 'CO 81647 2675 COUNTY ROAD 335 NEW CASTLE, CO 81647-9640 2435 5 SHERMAN STR DENVER, CO 80210 about:blank 7/24/2019 Garfield County Garfield County Land Explorer jarneia County,'.oioraao 218105200276 T •11r G ..a# 1 218104200014 1 -l� 218105400035 6 21F105=1692Y4 7 _1 e 36°- �h5 218107100951 2luVGi5�2$ 21 611: 2400a6 8 218116300085 218127100201 Garfield County Land Explorer Printed by Web User 1 inch = 1,505 feet 1 inch = 0.28 miles 0:2 OA 4.8 Miles Garfield County Garfield County Colorado www. g a r tie l d- co u n ty_ c o m Colorado Disclaimer rhls Is a compilation of records as theyappear In theGarfield County Offices affecting thearea shown.This drawing is to he used only for reference purposes and the County h not responsible for any inaccuracies herein con mined © Copyright Garfield County, Colorado I AIIRighls Reserved Printed: 7/24/2019 at 4:21:2/ PM Garfield County Land Explorer Garfield County Land Explorer Parcel Physical Address Owner Account Num Page 1 of 1 Mailing Address 218105300294 218105400158 218105400274 Not available NEW CASTLE 3325 335 COUNTY RD SILT 38090 RIVER FRONTAGE RD NEW CASTLE 218108100213 2859 335 COUNTY RD NEW CASTLE 218108100214 2870 335 COUNTY RD NEW CASTLE 218108200142 2675 335 COUNTY RD SILT 218108200215 2656 335 COUNTY RD NEW CASTLE 218117200086 Not available SILT LAIDLAW, TOM F & NAOMI M JACE LLC HILL, LILLIAN SCHULTZ, CRAIG L & ELISA KATHLEEN ROTH, JAMIE & CHANDLER NADON, RONALD L & KAREN L FETCHIK, PHILLIP F & MARJORIE F JOLLEY MESA LLC R082618 R023210 R007052 R230855 R230856 R023079 R230857 R023356 234 COUNTY ROAD 236 SILT, CO 81652 832 CANYON CREEK DRIVE GLENWOOD SPRINGS, CO 81601 38090 RIVER FRONTAGE ROAD NEW CASTLE, CO 81647 2859 COUNTY ROAD 335 NEW CASTLE, CO81647 2870 COUNTY ROAD 335 NEW CASTLE, CO 81647 2675 COUNTY ROAD 335 NEW CASTLE, CO 81647-9640 2435 S SHERMAN STR DENVER, CO 80210 0832 CANYON CREEK DRIVE GLENWOOD SPRINGS, CO 81601 about:blank 7/24/2019 Garfield County PAYMENT AGREEMENT FORM GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") ReA) d- gil i2-6id A/4Dcnl �1 i‘ 4- EL /5_4 5� Roc -r agree as follows: 1. The Applicant has submitted to the County an application for the following Project: n4;=iii : r',' rt14t iAl 5z ill z 5aG.PlVI w &-•i .f a'.„1 2. The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as amended, establishes a fee schedule for each type application, and the guidelines for the administration of the fee structure. 3. The Applicant and the County agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. The Applicant agrees to make payment of the Base Fee, established for the Project, and to thereafter permit additional costs to be billed to the Applicant. The Applicant agrees to make additional payments upon notification by the County, when they are necessary, as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional County staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay additional billings to the County to reimburse the County for the processing of the Project. The Applicant acknowledges that all billing shall be paid prior to the final consideration by the County of any Land Use Change or Division of Land. I hereby agree to pay all fees related to this application: Billing Contact Person: Billing Contact Address_: r nL1.ai �.:,?l�� Phone: ('C) ) -�c tW City: I .....i (1,.4 5 7 Billing Contact Email: 511c . k 25- A7 ,44,:u [ .. 6. Printed Name of Person Authorized to Sign: t. iek44"-- (Signature) (Date) State: r� ' Zip Code: Garfield County August 1, 2019 To Whom It May Concern: Craig and Elisa Schultz are the owners of property located at 2859 County Road 335, New Castle, CO. Our neighbors to the west are brother in law and sister, Ron and Karen Nadon. It is our desire to move the current lot line between our two properties from the current location to an existing fence that divides the two properties. The distance from the existing property line to the existing fence is about 190 feet. This will result in a net reduction in our lot size from 15.04 acres to 13.18 acres. All existing structures are well within required set backs. Thank you for your assistance, Craig and Elisa Schultz Garfield County CERTIFICATION OF MINERAL OWNER RESEARCH This form is to be completed and submitted with any application for a Land Use Change Permit. Mineral interests may be severed from surface right interests in real property. C.R.S. § 24-65.5-101, et seq, requires notification to mineral owners when a landowner applies for an application for development from 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 in accordance with C.R.S. § 24-65.5-101, et seq, "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." This form is proof of applicant's compliance with the Colorado Revised Statutes and the LUDC. The undersigned applicant certifies that mineral owners have been researched for the subject property as required pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E)(1)(b)(4) of the Garfield County Land Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies the following (Please initial on the blank line next to the statement that accurately reflects the result of research): I own the entire mineral estate relative to the subject property; or Minerals are owned by the parties listed below The names and addresses of any and all mineral owners identified are provided below (attach additional pages as necessary): Name of Mineral Owner Mailing Address of Mineral Owner I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and 1 am in compliance with said statue and the LUDC. 'IN/ 7 Applicant's Signature Date IXGarfield County CERTIFICATION OF MINERAL OWNER RESEARCH This form is to be completed and submitted with any application for a Land Use Change Permit. Mineral interests may be severed from surface right interests in real property. C.R.S. § 24-65.5-101, et seq, requires notification to mineral owners when a landowner applies for an application for development from 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 in accordance with C.R.S. § 24-65.5-101, et seq, "as such owners can be identified through the records in the office of the Clerk and Recorder or Assessor, or through other means." This form is proof of applicant's compliance with the Colorado Revised Statutes and the LUDC. The undersigned applicant certifies that mineral owners have been researched for the subject property as required pursuant to C.R.S. § 24-65.5-101, et seq, and Section 4-101 (E)(1)(b)(4) of the Garfield County Land Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies the following (Please initial on the blank line next to the statement that accurately reflects the result of research): I own the entire mineral estate relative to the subject property; or Minerals are owned by the parties listed below The names and addresses of any and all mineral owners identified are provided below (attach additional pages as necessary): Name of Mineral Owner Mailing Address of Mineral Owner I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am in compliance with said statue and the LUDC. Applicant's Sigture Date WHEN RECORDED, MAIL TO Credit Union of ODloraro, a gyral Credit tki • 1390 Low Stet Deliver, Cblo arb 80203 SPACE ABOVE THIS LINE FOR RECORDER'S USE REVOLVING CREDIT DEED OF TRUST THIS DEED OF TRUST CONTAINS A DUE -ON -SALE PROVISION AND SECURES INDEBTEDNESS UNDER A CREDIT AGREEMENT WHICH PROVIDES FOR A REVOLVING LINE OF CREDIT AND MAY CONTAIN A VARIABLE RATE OF INTEREST. THIS DEED OF TRUST ("Security Instrument") is made on APRIL 20, 2018 . The Grantor is Ronald L. Nadon and Karen L. Nadon ("Borrower"). The Trustee is the Public Trustee of Garfield County, State of Colorado ("Trustee"). The Beneficiary is Credit Union of Colorado a Federal Credit Union a corporation organized and existing under the laws of COLORADO , whose address is 1390 Logan Street, Denver, Colorado 80203 ("Lender"). IN CONSIDERATION of the indebtedness herein recited and the trust herein created; TO SECURE to Lender: (1)The repayment of all indebtedness due and to become due under the terms and conditions of the LOANLINER Home Equity Plan Credit Agreement and Truth -in -Lending Disclosures made by Borrower and dated the same day as this Security Instrument, and all modifications, amendments, extensions and renewals thereof (herein "Credit Agreement"). Lender has agreed to make advances to Borrower under the terms of the Credit Agreement, which advances will be of a revolving nature and may be made, repaid and remade from time to time. Borrower and Lender contemplate a series of advances to be secured by this Security Instrument. The total outstanding principal balance owing at any one time under the Credit Agreement (not including finance charges thereon at a rate which may vary from time to time, and an other charges and collection costs which may be owing from time to time under the Credit Agreement shall not exceed SEVENTY- FIVE THOUSAND AND 00 /1D0 ($ 75. 00_0.00 ). That sum is referred to herein as the Maximum Principal Balance and referred to in the Credit Agreement as the Credit Limit. On the Final Payment Date, 5 years from the date of this Security instrument, the entire indebtedness under the Credit Agreement, if not paid earlier, is due and payable. (2) The payment of all other sums advanced in accordance herewith to protect the security of this Security Instrument, with finance charges thereon at a rate which may vary as described in the Credit Agreement. (3) The performance of Borrower s covenants and agreements under this Security Instrument and under the Credit Agreement. BORROWER irrevocably grants and conveys to Trustee, in trust, withower of sale, the Following descried property located in the County of Garfield . State of Colorado: A PARCEL OF LAi 7 SITIMEDIN GOVERIvt�NT 101' 2 CF SEZETLI i 8, TCJII UiLP 6 SOUTH, FAME 91 WEST OF THE 9114 PR] CEPAL MERIDIAN, GLRa to CCENIY, CS DO, VERB PARTICULARLY LtESCRIEED AS RJ,LC»S: fir, AT TIE 1MT C CRNER OF SAID S 1 ITCN 8, BEIM A C1\7,.-HP19' 1'I i 'MN f+PR WITH A CAP, TEENCE S. 89 ffi3 'S 42'05" W. 3203.55 FEET ATSN2 THE NRIEERLY NNE OF SAID CCN 8 TO THE 'TRUE DINT OF x r3]N Itt3, THENCE S. 03 DEGREES 30'39" E. 452.17 .E.M.L '10 THE 07NIEEILDE OF CIS.%71Y ROAD 335, THENCE Atcem THE ciamet.ite OF SAID CC7ENIY RCAD CURSES AND tI5TANCEs: THENDE N. 89 35'00" W. 38.05 FEET, MINCE E 138.59 FEET AT_CILZ THE ARC OF A QRVE TO THE LEFT, BAUEI3 A MURAL MULE CLF' 17 TEISREM 17' 56", A RADIUS OF 459.01 FST, T18NE 243.26 FST ALCM THE ARC OF A CARVE '10 THE RIG T, E14vIN3 A CENTRAL AIME OF 52 > r'1"=R2i , 38'09", A RADIOS OF 264.80 FEET, THENCE N. 54 DEM3139 14'48" W. 292.58 FEEI', THENCE 152.07 rel' PliN THE ARC QF A CURVE '10 IBE LEFT, HAVIINV A °MITRAL ANGLE OF 19 TERMS 36'43", A RADIUS OF 444.27 Ir :l, 10 THE WESTERLY LINE OF SAID STT LOT 2, THENCELEAUIN2 SAID OD NIY ROAD N. 00 �ZE18'19" E. 191.25 FFEI' AL(N3 THE W!?SIER Y LINE OF SAI j LOT 2 TO TELE NZRTHERLY LINE OF SAID =TEN 8, THENCE N. 89 DECREES 42'05" E. 751.14 FEET TO THE WOE FOINT CF REGINNi , M1 1Y OF MRFTELD, STATE OF ODDDR DD. which has the address of 2675 County Road 335 New Castle (City) (Street) , Colorado 81647 (herein "Property Address"); (Zip Code) CCUNA MUTUAL GROUP, 1991, 2011, ALL RIGHTS RESERVED EC0957 -e Reproduced by DocMagic, inc. ® with Permission ..m.0•... - Lakeview LOAN SERVICING LLC P.O. Box 8068 Virginia Beach, VA 23450-8068 i'IIII11111111111111111111Iilu1111111111111"1111111"IIIIIuIl11h November 15, 2018 0-754-63563-0625666 f16Cr61-006-066.460.1700 RONALD NADON KAREN NADON 2675 COUNTY ROAD 335 NEW CASTLE CO 81647-9640 RE: Transfer of Loan Servicing LoanCare Loan Number: 0031043482 2675 COUNTY ROAD 335 NEW CASTLE CO 81647 Dear Borrower(s): NOTICE OF SERVICING TRANSFER The servicing of your mortgage loan is being transferred, effective December 3, 2018. This means that after this date, a new servicer will be collecting your mortgage loan payments from you. Nothing else about your mortgage loan will change. LoanCare, LLC on behalf of Lakeview Loan Servicing, LLC is now collecting your payments. LoanCare, LLC on behalf of Lakeview Loan Servicing, LLC will stop accepting payments received from you after December 2, 2018. JPMorgan Chase Bank, N.A. will collect your payments going forward. Your new servicer will start accepting payments received from you on December 3, 2018. Send all payments on or after December 3, 2018 to JPMorgan Chase Bank, N.A. at this address: Attn: Payment Processing: PQ Box 78420, Phoenix, AZ 85062-8420. WHEN RECORDED, MAiL TO: TIAA, FSB. 301 W. Bay St. Jacksonville, FLORIDA 32202 This instrument was prepared by: T1AA, FSB. 301 W. Bay St. Jacksonville, FLORIDA 32202 Loan Number: 1029575682 (Space Above This Line For Recording Data) DEED OF TRUST MIN: 100063420003524727 SIS Telephone #: (888) 679-MERS DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated July 31, 2019, together with all Riders to this document. (B) "Borrower" is CRAIG L SCHULTZ AND EL iSA KATHLEEN SCHULTZ, AS JOiNT TENANTS WITH FULL RIGHTS OF SURVIVORSHIP. Bon -ower is the trustor under this Security l;nstrument. (C) "Lender" is T1AA, FSB. Lender is A Federal Savings Association, organized and existing under the laws of United States of America. Lender's address is 301 W. Bay Street, Jacksonville, FLORIDA 32202. (D) "Trustee" is the Public Trustee of Garfield County, Colorado. (E) "MFRS" is Mortgage Electronic Registration Systems, inc. MERS is a separate corporation that is acting solely as a nominee For Lender and Lender's successors and assigns. MERS is the beneficiary under this Security instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679- MERS. (F) "Note" means the promissory note signed by Borrower and dated July 31, 2019. The Note states that Borrower owes Lender TWO HUNDRED FIFTY THOUSAND AND NO/100 Dollars (U.S. S250,000.00) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than August 1, 2049. (G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (H) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. COLORADO -Single Family -Fannie MaelFreddie Mac UNIFORM INSTRUMENT with MERS Form 3006 1/01 Page 1 of 11 IDS, Inc. - 30203 11 1 i 111 i 11 1 1 1 i 1 10 11 1 1 HH h 1 1 II IDS -1029575682-30203-001-011 11 11 1 11 1 (I) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable): ❑ Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider ❑ Balloon Rider ❑ Planned Unit Development Rider ❑ VA Rider ❑ 1-4 Family Rider ❑ Biweekly Payment Rider D Other (Specify) (J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non -appealable judicial opinions. (K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such tern includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (M) "Escrow Items" means those items that are described in Section 3. (N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (R) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS 1N THE PROPERTY The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the County of Garfield: See Exhibit A attached hereto and made a part hereof Parcel ID Number: 2181-08-100-213 which currently has the address of 2859 County Road 335 New Castle, COLORADO 81647, TOGETHER WITH all the improvements now or hereafter erected on the property, and all now or hereafter a part of the property. All replacements and additions shall also be covered foregoing is referred to in this Security Instrument as the "Property." Borrower understands and ("Property Address"): easements, appurtenances, and fixtures by this Security Instrument. All of the agrees that MERS holds only legal title COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS Page 2 of 11 IDS, Inc. - 30203 11 1 111 1 11 1 HI i I 1 1 1111 11 11 IDS -1029575682-30203-002-011 11 11 11 Form 3006 1/01 11 11 1 II 11 to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record and liens for taxes for the current year not yet due and payable. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payrnent if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. if each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. if not applied earlier, such finds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payrnent can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS Form 3006 1/01 Page 3 of 11 IDS, Inc - 30203 1 11 1 1 1 1 IIu 11 11 11 DS -1029575682-30203-003-011 11 11 11 11 11 11 11 if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to pennit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the hen an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Bon -ewer to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS Form 3006 1/01 Page 4 of 11 IDS, Inc -30203 1 1 11 1 1 i 01 1 11 1111 11 i 11 11 IDS -1029575682-30203-004-011 11 11 11 1 1 11 1 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the tern of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably night affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS Form 3006 1/01 Page 5of11 IDS, Inc - 30203 II i iu i 0 i i 111 IDS -1029575682-30203-005-011 i 11 11 1 11 11 11 1 11 Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. if it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's interest in the Property and Rights Under this Security instrument. Tf (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Lnstrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. if Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Bon -ower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS Form 3006 1/01 Page 6 of 11 IDS, Inc - 30203 1 ui 1 i 1 1 11 1 11 DS -1029575682-30203-006-011 11 11 with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. - Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has — if any — with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. if the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, ori if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS Form 3006 1/01 Page 7 of 11 IDS, Inc - 30203 11 10 11 1 1 1 11 1 1 1 1 911 1111 1111 IDS -1029575682-30203-007-011 1 11 11 11 11 11 11 1 11 1 Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Bon -ower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. if any notice required by this Security instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS Form 3006 1/01 Page 8 of 11 IDS, Inc - 30203 11 1 1 1 11 1 1 1 1 1 IDS -1029575682-30203-008-011 11 11 11 11 11 11 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instillment are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these suns prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS Form 3006 1/01 Page 9 of 11 IDS, Inc, - 30203 11 1 1 10 11 1 1 1 111 1 11 11 1 11 11 11 11 i IDS -1029575682-30203-009-011 1 i 11 11 Neither Bonower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Lender shall mail a copy of the notice to Borrower as provided in Section 15. Trustee shall record a copy of the notice in the county in which the Property is located. Trustee shall publish a notice of sale for the time and in the manner provided by Applicable Law and shall mail copies of the notice of sale in the manner prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS Form 3006 1/01 Page 10 of 11 IDS, Inc -30203 11 1 111 11 1 1 1 1 111 1 11 1 1 1111 11 IDS -1029575682-30203-010-011 11 11 11 11 11 n Trustee may postpone sale of any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time the purchaser will be entitled to Trustee's deed. The recitals in the Trustee's deed shall be prima facie evidence of the truth at' the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the stile, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Release. Upon payment of all sums secured by this Security instrument, Lender shall request that Trustee release this Security Instrument and shall produce for -Trustee, duly cancelled, all notes evidencing debts secured by this Security instrument. Trustee shall release this Security Instrument without further inquiry or liability. Borrower shall pay any recordation costs and the statutory Trustee's fees. 24. Waiver of Homestead. Borrower waives all right of homestead exemption in the Property. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: -Witness -Witness (Seal) Craig L Sch tz State of COLORADO County of This record was acknowledged before me on by Craig L Schultz and Elisa Kathleen Schultz. Stamp ROGER W FRENCH JR. NOTARY PUBLIC • STATE OF COLORADO My Identification 4 20094037728 Expires January 25, 2020 -Borrower • (Seal). Elisa Kathleen Schultz -Borrower •'Signature of notarial officer . Title of office My commission expires: /,r' __ r` Loan originator (Organization): TIAA, FSB; NMLS #: 399805 Loan originator (individual): Dillon Arien Clemons; NMLS #: 1531450 COLORADO -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS Form 3006 1/01 Page 11 of 11 IDS, Inc. - 30203 11 1 1 1 1 i 1 111 1 11 1 1 1 1 1 1 1 1111 i i i S 11 i 11 u DS -1029575682-30203-011-011 11 i II 1