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HomeMy WebLinkAbout1.01 Zang Property Line Agreement980202 10/11 /2022 02.49.48 PM Page 1 of 16 Jean Alberico, Garfield County, Colorado Rec Fee: $88.00 Doc Fee: $0.00 eRecorded THIS AGREEMENT is made by and between Lyman Fogel, whose address is 501 Ingersoll Lane, Silt, CO 81652 ("Fogel") and the Zang Family Trust, whose address is 415 County Road 250, Silt CO 81652 (the "Trust") and is deemed effective the day last signed by the parties as shown on Page 4 hereof. WHEREAS, Fogel Colorado,described in the deed recorded in the Garfield County Clerk and Recorder's Of at Rec. No.described as Garfield County Assessor's Parcel No. 21253030008 locatedwhich is in Range 91, which is more particularly described in Exhibit r,■■ WHEREAS, the Trust is the record title owner of certain .' property Colorado, described in the deedI ' ' -d as Garfieldo Parcel 212725100002, which is located in Range 92, which is more particularly described Exhibit i Property"); 11'AEREAS, the western boundary of the Fogel Property is adjacent to part of the eastern boundary of the Trust Property (the "Fogel/Trust Property Boundary"), and a dispute has arisen between Fogel and the Trust about the location of the Fogel/Trust Property Boundary. WHEREAS, Fogel and the Trust believe it is the interest of their respective properties to facilitate a natural buffer between the properties for various reasons, including ecological and aesthetic benefits. WHEREAS, Fogel and the Trust desire to enter into this Agreement to settle and resolve the dispute regarding the Fogel/Trust Property Boundary on the terms set forth below. NOW, THEREFORE, for good and valuable consideration, including without limitation the avoidance of litigation between the parties, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Recitals. The recitals set forth above are incorporated by reference herein as affirmative and material representations and acknowledgements of the parties hereto. . Boundary. The parties acknowledge and agree that the line separating Range 91 from Range 92 constitutes the Fogel/Trust Property Boundary. The Fogel Property, part of the Trust Property, and the Fogel/Trust Property Boundary (i.e., the line separating Range 91 from Range 92) are depicted on the attached" Exhibit C. 3. New Boundary Fence. Fogel may construct a fence on the Fogel/Trust Property Boundary. Unless otherwise agreed to by the parties, Fogel shall construct a lawful fence as defined by C.R.S. § 35-46-101(1). 980202 10/11 /2022 02.49.48 PM Page 2 of 16 Jean Alberico, Garfield County, Colorado Rec Fee: $88.00 Doc Fee: $0.00 eRecorded 4. No Build Zone. Fogel agrees to the designation of a "No Build Zone" within the area marked on Exhibit D as the "Area of Adverse Possession Claim". For future reference in locating the eastern extent of the No Build Zone on the Fogel property, the alignment of the Historic Zang Fence line labeled "Wire Fence Line" in Exhibit ID shall be marked by Fogel and Trust by plastic -capped survey pins placed at regular intervals along that alignment. Except for the new Boundary Fence, no other improvements will be located within the No Build Zone, except fencing may be erected. 5. Protection of Planted Vegetation.. The Trust, by and through members of the Zang/Cretti family, claim to have historically} d from time to time , necessary re-established native trees, shrubs, d plants . Build outcroppingsnatural stone crevice . habitat,. i.e erosion control,x opasture in the No Build Zone. 11 The Trust has marked the location for identification all items that constitutes "Historic Vegetation. Fogel agrees that he will not remove, damage, or take any destructive action that will harm any of the Historic Vegetation, existing vegetation, rocks, or soil within No Build Zone. It is expressly agreed that the No Build Zone may be used by livestock and that any removal or other disturbance of Historic Vegetation, existing vegetation, rock or soil that is reasonably necessary for the protection of the Fogel Property or , public health, safety and welfare will not constitute a breach of this Agreement. 6. Fo el� 's Payment to Trust. Fogel shall pay the Trust $34,820.00, which is the sum of the following, $20,000.00, $10,320.00 for fencing on the Trust Property, $2,000.00 for reimbursement of the Trust's survey costs, and $2,500 payment to the Trust for the relocation of an irrigation riser on the Trust Property. Except for the payment to the Trust of $2,500 for the relocation of the irrigation riser, which payment shall be paid to the Trust within thirty (30) days of the execution of this Agreement, Fogel will pay the remaining balance of $32,320 to the Trust within one (1) year of the execution of this Agreement or within ten (10) days of Fogel's transfer of title to the Fogel Property or any portion thereof, whichever occurs sooner. The payment shall be made to the Trust at the address set forth above and shall be represented by a Promissory Note (in the form attached hereto as Exhibit E) payable by Fogel to the Trust, which Note is to be secured by a Deed of Trust encumbering the Fogel Property Note (in the form attached hereto as Exhibit ). 7. No Opposition to Subdivision of Fogel Property. On May 16, 2022, Fogel submitted to Garfield County a minor subdivision application for the Fogel Property ("Minor Subdivision Application"). The Trust has informed Garfield County that there is a boundary dispute between the Trust and Fogel. Immediately upon mutual execution of this Agreement, the Trust shall inform Garfield County that the boundary dispute has been resolved. Furthermore, neither the Trust nor its agents or representatives may submit to Garfield County any opposition or objections, or participate in any manner in any opposition or objections, to the Minor Subdivision Application or any subdivision application for the Fogel Property that is substantially similar to the Minor Subdivision Application. Page 2 of 5 980202 10/11 /2022 02.49.48 PM Page 3 of 16 Jean Alberico, Garfield County, Colorado Rec Fee: $88.00 Doc Fee: $0.00 eRecorded . Mutual Release. Fogel and the Trust hereby release one another as well as their agents, representatives, contractors, attorneys, employees, tenants, successors and assigns from any and all claims that either of them may have relating to the Fogel/Trust Property Boundary or claims that either of them have related to the other party's property, including but not limited to claims for trespass, property damage, adverse possession, attorney fees, costs, expenses, and consequential damages, or any other claim at law or equity, known or unknown, that may exist up to and including the date of this Agreement. 9. No Admission of Liability. Neither the payment of any consideration nor any other term of this Agreement shall be construed as any admission of liability or wrongdoing by any party hereto. Any such liability or wronging is denied. 1. Waiver of Mistake. Each party acknowledges that he, she or it may hereafter discover facts or law different from or in addition to those that he, she or it now knows or believes to be true with respect to the subject matter of this Agreement and agrees that this Agreement shall be and remain effective in all respects. The parties each expressly waive the benefits of any statutory provision or common law rule that provides, in sum or substance, that a release does not extend to a claim that the party does not know, or suspects exists that would have materially affected the settlement described herein. 11. Severability. Should any provision of this Agreement be held illegal or unenforceable, all remaining provisions shall remain in effect and shall be construed to effectuate, as nearly as possible, the original intentions of the parties hereto based upon the entire agreement, including the invalidated provision. 12. Covenant Running with the Land; Binding Effect: Amendments. The provisions of this Agreement are a covenant running with the land and shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors, and permitted assigns of Fogel and the Trust. This Agreement may not be amended except in writing signed by all parties hereto. 13. Enforcement-, Indemnification. This Agreement shall be construed under Colorado law. To the fullest extent permitted by law, each Party (an "Indemnifying Party") agrees to protect, hold harmless and indemnify the other Party (the "Indemnified Party") from and against all damages, liens, claims, losses, debts, expenses, and liabilities, for personal injury or death or property damage, and attorneys' fees and costs (whether incurred before or after suit), which may be incurred by the Indemnnified Party and which arise in any way out of a breach of any of the promises, covenants and agreements herein made by an Indemnifying Party. In the event of an action to enforce it rights under this Agreement, , the prevailing party shall be entitled to recover its attorney fees and costs in addition to any other remedies at law or equity. Agreement14. Entire Agreement. Except as otherwise set forth herein, this agreements and understandings • address 980202 10/11 /2022 02-49-48 PM Page 4 of 16 Jean Alberico, Garfield County, Colorado Rec Fee- $88.00 Doc Fee- $0.00 eRecorded 15. Authority. Each person executing this Agreement warrants that he/she is such 4�1 person and that he/sheds fully and legally empowered to eXeCUIC and deliver this Agreement on behalf of the. respective parties. Further, each party represents that it has full authority to release the other party from the claims as described in paragraph 8. 16. Recordation-,- UP011 Mutual execution, the Parties may record this Agreement with the Garfield County Clerk and Recorder. SO AGREED as-ofthe mostrecent date set opposite the signatures below. !M By: t�ohn Cretti, Trustee Date: October -1 , 2022 Mff 1-3reff"11TTIREPRINIM [Yolory Blocks on Follotving Page] Page 4 of 5 980202 10/11 /2022 02-49-48 PIVI Page 5 of 16 Jean Alberico, Garfield County, Colorado Rec Fee- $88.00 Doc Fee- $0.00 eRecorded S"AI l", OF COUN YY ()F-Z1-41 J I - The f, instrument was acknowledged before me this 7 clay of ore oing t:� 2022 by Lyman Fogel. Witness iny hand and official sea]. 1=1 Notary Public STATE OF COLORADO ss. COUNTY OF GARFIFIA) 'rhe foregoing instrument was acknowledged before me this 6 Ih day of October 2022 by John Cretti, Trustee of the Zang Family Trust. Witness my hand and official seal. ROBERT MAXWELL NOONE Notary Public State of Colorado Notary ID # 20124079487 MvCornrnission Expires 12-18-2024 Notary Public pagc 7 (?/ 5 7 980202 1 [/1 1/2027 07-49-48 PIVI Page 6 of 16 Jean AlberiCo.Garfield County, Colorado Rec Fee- $88.00Doc Fee- $0.00 eRecorded A parcel of land situated in Lot % of Section 30. Township S South, Range 97 Kest of the Sixth Principal Meridian, Garfield County, Colorado, being more fully described as follows: Beginning at a stone found in place and properly marked for the Hest Vua�'ter Corner of said Section 30' thence North 89037 3O" East 764.13 feet along the northerly line of said Lot 3� thence South 07026'80" East 950.01 feet; thence South 8902115^west 176.67 feet; thence South 00022'40' East 361.61 feet, more or less, toa point on the southerly line of said Lot 3; thence South 89031'15^ Nest along the southerly line of said Lot 3. 064.46 fcet` more or less, to a point on the westerly line of said Lot 3; thence North 0UP24'80^ West along the westerly line of said Lot 3, 1312.87 feet, more or less to said Quarter Corner, the point of heginn:nU. Together with a non-exclusive easement and right-of-way for access and utility purposes over and across the northerly 35 feet of said Lot 3 and the easterly 35 feet of said Lot 3 northerly from the intersection of the county road known as Ingersoll Lane with the East line of said Lot 3. 980202 10/11 /2022 02-49-48 PM Page 7 of 16 Jean Alberico, Garfield County, Colorado Rec Fee- $88.00 Doc Fee- $0.00 eRecorded Exhibit B (Trust Property) Tracts 31, 32, 33 and 48 in Section 15, Trox-riship 5 South, Rangc-92- West of the 6"' P.M, as shown on Plat No. I of the Antlers Orchard Development CompanY filed for record in the office if Qe 6arfliIj Coo - 5 South, Range 92 West of 980202 10/11 /2022 02-49-48 PM Page 8 of 16 Jean Alberico, Garfield County, Colorado Rec Fee- $88.00 Doc Fee- $0.00 eRecorded z I gii - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - Eiji if CIF ---------------------------------- 7 a - - - - - - - - - - - - - - - - - - PH i r , q! VU film I 5 61 RN, '4vi1 i'i i� Itav i X'I pit - 1- W IR IPH 0 N RMI, MI He Eli, ImjI 0 Z pi n 9 00 0 > 0 o 0 r 31, � Hn 0 'I -5z a m -d > z P-3 980202 10/11 /2022 02-49-48 PM Page 9 of 16 Jean Alberico, Garfield County, Colorado Rec Fee- $88.00 Doc Fee- $0.00 eRecorded OWNIT 9 31 'a - - - - - - - - - - - - - - - - - OWNER: PANG FAMILY TRUST 425 COUNTY ROAD 250 -SILT PARCEL NO. 212 725100002 TRACT 48 OWNER: ,y"AN F')GTL 501 INGERSOLL LA NE • SILT PARCEL NO. 21253030055 III A' LEI rott w t N A LEGEW ANOLrPOINrOF FENCE SCALE., 1" 200' ZANG FAMILY TRUST 415 COUNTY ROAD 250 - SILT COUNTY OF GARFIELD - STATE OF COLORADO I 0Ilk TRUE N ' RUT ly TRUE NORTH COLORADO LLC. ALAND SURVEYING AND MAPPING COMPANY COLORADO- P-0. BOX 614 - 386 MAIN STREET UNIT 3 NEW CASTILL COLORADO $1647 A LAND SURVEYING AND MAPPING COMPANY (970) 984-0474 �.trueno ca am a.mm 980202 10/11 /2022 02-49-48 PM Page 10 of 16 Jean Alberico, Garfield County, Colorado Rec Fee- $88.00 Doc Fee- $0.00 eRecorded 1 WA 41, 11 1H, 1, a U.S. $34,820.00 October 2022 Glenwood Springs, Colorado I . FOR VALUE RECEIVED, the undersigned LYMAN FOGEL, whose address is 501 Ingersoll Lane, Silt, CO 81652 ("Borrower") promises to pay to the order of the ZANG FAMILY TRUST, whose address is 415 County Road 250, Silt CO 81652 ("Note Holder"), the principal sum of THIRTY-FOUR THOUSAND EIGHT HUNDRED TWENTY AND NO/100 DOLLARS US ($34,820.00) with no interest. 2. Each payment shall be payable to the Note Holder at 415 County Road 250, Silt CO 81652 or such other place as the Note Holder of this Note may designate as follows, with no interest. of which installments in the amount of THIRTY-TWO THOUSAND THREE HUNDRED TWENTY AND NO/00 DOLLARS ($32,320.00) is due on or before twelve months from ths date first set forth above.. 4. If any payment required by this Note is not paid within Fifteen (15) days' Notice of Default is delivered by Holder to Borrower, the entire principal amount outstanding shall at once become due and payable at the option of Note Holder (Acceleration) who may then shall thereafter bear default interest at the rate of Ten Percent (10%) per annum from the date of default until paid in full. The Note Holder shall be entitled to collect all reasonable costs and expense of collection and/or suit, including, but not limited to reasonable attorneys' fees. 5. Borrower shall pay shall timely pay all taxes and assessments levied on the property; and will keep all improvements that may be on said lands insured against any casualty loss, including extended coverage, which will yield to the Note Holder, after reduction by any co-insurance provisions of the policy, if any, not less than the then total indebtedness. Each policy shall contain a loss payable clause naming the Note Holder as an additional insured and shall further 7,r*viie tkzt tke iiisyrzace MwyA#i vy*A less tk2K teA i?*tice t* the Ngte Holder. At the option of the Note Holder, the original policy or policies of insurance shall be insure and deliver the policies or to pay taxes or assessments as the same fall due, the Note Holder may make any such payments or procure any such insurance, and all monies so paid with interest shall be added to and become a part of the amount due under this Note. Furthermore, failure to make these payments and/or hold such insurance shall be considered a default in the terms and conditions of this Note. Promissory Note Page 1 of 2 980202 10/11 /2022 02-49-48 PM Page 11 of 16 Jean Alberico, Garfield County, Colorado Rec Fee- $88.00 Doc Fee- $0.00 eRecorded 6. Payments received for application to this Note shall be applied first to the payment of accrued interest as provided in this Note, if any, second to any obligations required to be made by Borrower pursuant to the terms of this Note and the Deed of Trust securing this Note, and the balance applied in reduction of the principal amount hereof. 7. Borrower may prepay the principal amount outstanding under the Note, in whole or in part, at any time without penalty. 8. Borrower hereby waives all notices required by law; including without limitation presentment and demand for payment, protest, and notice of demand, dishonor and nonpayment. 9. Any notice to Borrower provided for in this Note shall be in writing and shall be given and be effective upon (1) hand delivery to Borrower (2) Email to Borrower at or (3) the mailing such notice by first-class U.S. mail, addressed to Borrower at the Borrower's address stated above, or to such other U.S. mail or Email address as Borrower may designate by notice to the Note Holder. Any notice to the Note Holder shall be in writing and shall be given and be effective upon (1) hand delivery to Note Holder or (2) upon sending by email or (3) on the date of mailing such notice by first-class U.S. mail, addressed to Note Holder at the Note Holder's address stated above, or to such other U.S. mail or Email address as Note Holder may designate by notice to the Borrower. STATE OF COLORADO COUNTY OF GARFIELD The foregoing Promissory Note was acknowledged before me this day of October 2022 by LYMAN FOGEL. WITNESS my hand and official seal. Notary Public Promissory Note Page 2 of 980202 10/11 /2022 02.49.48 PM Page 12 of 16 Jean Alberico, Garfield County, Colorado Rec Fee: $88.00 Doc Fee: $0.00 eRecorded Jhr , COLORADO THIS INDENTURE is made this day of October FOGEL, whose address is 501 Ingersoll Lane, Silt, CO 81652 ("Borrower"), and the PUBLIC TRUSTEE OF COUNTY OF GARFIELD, in the State of , benefit- address is 415 Countv Road 250.i t', F FLY M a Wmy !• •, 1 1 (lie a i .., anci the second of which installments in the amountTWO THOUSAND HUNDRED TWENTY AND NO/00 DOLLARS ($32,320.00) is due on or before twelve months from the date first set forth above. t WHEREAS,Borrower desires to secure the payment of principal t interggi underallote; 11 Off, TAE?C�FO.4�,, the Borrower, in consideration of the premises and for the [i,urposes aforesaid, does herebybargain, sell and convey unto the Trustee,forever, followingthe described property Property) situated in the County of Garfield, State of Colorado, See EXHIBIT A, attached, known as 501 Ingersoll Lane, Silt, CO 81652 TO HAVE AND TO HOLD the same together with all easements, water and water rights, ditch and ditch rights, rights of way, rights, privileges and appurtenances to the same, including but not limited to all and singular the buildings and improvements now and hereafter thereon, and together also with all shades, wall-to-wall carpeting, screens and screening, awnings, plants, shrubs, fencing, landscaping, elevators, plumbing materials, gas and electric equipment, and all heating, cooling, air conditioning, and lighting fixtures, equipment, and apparatus now or hereafter attached to or a part of the Property, all of which shall be deemed realty and conveyed by this Deed of Trust, and all income, rents and profits which may arise or be had from any portion or all of the Property; IN TRUST NEVERTHELESS, and time being of the essence hereof, in the case of default under the Note, or any part thereof, or in the payment of principal or interest thereon, according to the tenor and effect of the Note, or in the payment of any prior 980202 10/11 /2022 02.49.48 PM Page 13 of 16 Jean Alberico, Garfield County, Colorado Rec Fee: $88.00 Doc Fee: $0.00 eRecorded encumbrance, principal or interest, or in case default shall be made or in case of violation or breach of any of the terms, conditions, covenants or agreements herein contained or contained within an agreement for assignment of rents by separate document, the Lender may file notice with the Public Trustee declaring such default, violation or breach and his election and demand for sale in writing, as provided by law, and requesting that the Property be advertised for sale and sold in accordance with the laws of the State of Colorado. Upon receipt of such notice of election and demand for sale, the Trustee shall cause a copy of the same to be recorded in the Recorder's office of the county in which the Property is situated, and thereupon the Trustee shall sell and dispose of the Property herein described and all the right, title and interest of the Borrower, his heirs or assigns therein, at public auction at the front door of the Courthouse or City and County Building in the County of Garfield and State of Colorado, or on said premises, public notice having been previously given of the time and place of such sale, in accordance with the laws of the State of Colorado, in some newspaper of general circulation at the time published in said County, together with such other notice, if any, as may then be required by law, and shall issue, execute and deliver a certificate of purchase, trustee's deed or certificate of redemption in the manner provided by law to the party entitled thereto. The Trustee's deed may be in the ordinary form of conveyance. The Trustee shall, out of the proceeds or avails of such sale, after first paying and retaining all fees, charges and costs of making said sale, including a reasonable sum of attorney's fees, pay to the Lender hereunder the then existing amount of indebtedness secured hereby rendering the overplus, if any, unto the Borrower or unto his legal representatives, successors or assigns or unto such other parties as may be entitled thereto by law, provided that it shall not be the obligation of the Lender to see to the application of such funds. The Lender may purchase the Property or any part thereof at such sale. The Borrower, for himself and for his heirs, successors d assigns, covenants to and - Trustee, that at the time of the ensealing and delivery seized of the said lands and tenements in fee simple, and has good right, full power and lawftil 2uthority to grant, bargain, sell and convey the same in manner and form as aforesaid; hereby — fully r absolutely + r' subordinating all rights said land, tenements, and property * ,r Exemption or other r, ♦under rGeneral of - *f Cmislora4m girl assigns,person persons lawfully claiming or to claim the whole or part thereof,Borrower E defend. In the case of any default or breach under the terms and covenants of this Deed of Trust, the Lender hereunder shall at once become entitled to the possession, use and enjoyment of the Property and to the rents, issues and profits therefrom, from the date of the accruing of such right and continuing during the pendency of foreclosure proceedings and the period of redemption, if there be any. Such possession shall be at once delivered to the Lender or the holder of the certificate of purchase upon request and upon refusal the delivery of such possession may be enforced by the Lender or the holder of the certificate of purchase by an appropriate civil suit or proceeding. The Lender or the holder of the certificate of purchase shall be entitled to a receiver of the Property to receive the rents, issues and profits therefrom after any such default, including the time covered by foreclosure proceedings and the period of redemption. The Lender or the 980202 10/11 /2022 02.49.48 PM Page 14 of 16 Jean Alberico, Garfield County, Colorado Rec Fee: $88.00 Doc Fee: $0.00 eRecorded holder of the certificate of purchase shall be entitled to appointment of a receiver as a matter of right without regard to the solvency or insolvency of the Borrower or of the then owner of the Property and without regard to the value of the Property. Such receiver may be appointed by any court of competent jurisdiction upon ex-parte application and without notice, notice being hereby expressly waived. All rents, issues, profits, income and revenue from the Property shall be applied by such receiver to the payment first of the fees and costs of such receivership proceeding and then to the indebtedness secured hereby according to law and the orders and directions of the court. The fees of any such receiver, attorney's fees incurred in appointment of the receiver and administration of the receivership estate and all costs, including court costs, shall be the liability of the Borrower, his heirs, successors and assigns and shall be due and payable upon demand. Failure to pay said fees and costs upon demand shall be a breach of the terms of this Deed of Trust. The Borrower, for himself and for his heirs, successors and assigns, covenants and agrees to maintain the Property in good and safe repair, not to abandon the Property and not to permit any waste which would impair the value of the security, which waste may consist of, but is not limited to neglect in the repair and maintenance of the improvements. If the Property or any part thereof shall be condemned and taken under the power of eminent domain all damaaes and awards for the Proyertl,, so taken. shall be a3;FIied at the o�ation of the Lender either to the repayment of the indebtedness secured hereby or to the rebuilding, repair . • restorationof the lands and/or1. damaged by : # taking. Any balance o damagessuch or awards remapplication as aboveforth Borrower. If Borrower fails to perform the covenants and agreements contained in this Deed of Trust or if any action or proceeding is commenced which affects Lender's interest in the Property or the validity of # \. including, but ! to, actions # # # \ \ \ . decedent's estate, or actions by parties claiming an interest senior and paramount to the lien of this Deed of Trust, or if it becomes necessary for beneficiary to file an action to uphold the lien of this Deed of Trust, then beneficiary shall have the right to employ its own legal counsel to defend, pursue, compromise, negotiate, or prevent any such litigation and all sums expended by Lender including reasonable attorneys' fees and other costs in connection with any such legal action shall become so much additional indebtedness secured by this Deed of Trust and shall be paid out of the proceeds of the sale of the Property encumbered hereby, if not otherwise paid by Borrower. The failure of the Borrower to pay Lender all such sums expended immediately upon r payable. In the case of default in any of the payments of principal or interest, according to the tenor and effect of the Note secured hereby, or of a breach or violation of any of the covenants or agreements contained herein, or incorporated herein, by the Borrower, his executors, administrators or assigns, then, and in the case of any of said events, the whole of said principal sum secured hereby and the interest thereon to the time of sale, may at once or at any time thereafter at the option of the bender become due and payable and the Property be sold in the manner and with the same effect as if the indebtedness had matured and, if foreclosure be made by the Public Trustee, an attorney's fee of a reasonable amount for services in the supervision of 980202 10/11 /2022 02.49.48 PM Page 15 of 16 Jean Alberico, Garfield County, Colorado Rec Fee: $88.00 Doc Fee: $0.00 eRecorded i of the sale of ��aid Pr-- , taxedfee shall be by the court as a part of the costs of such foreclosure proceedings and such fees and costs shall be treated as a part of the indebtedness secured hereby-. from the proceeds of the sale of the Property. In the event that any provision or clause of this Deed of Trust conflicts with applicable law, such conflicts shall not affect or invalidate other provisions of this Deed of Trust which can be given effect without the conflicting provision. To this end, the provisions of this Deed of Trust are declared to be severable. The law of Colorado shall govern the construction, enforcement and interpretation of this Deed of Trust. The parties agree that this Deed of Trust is made in the State of Colorado. The covenants herein contained shall bind, and the benefits and advantages hereof shall inure to the respective heirs, executors, administrators, successors and assigns of the parties hereto. Whenever used herein, the singular number shall include the plural and conversely, and the use of any gender shall be applicable to all genders. Whenever the term "Lender" is used herein, it shall include the legal holder or holders of the Note or of the indebtedness secured hereby or, where applicable, the holder of a certificate of purchase. Assignment or negotiation of the promissory note secured hereby shall also be an assignment of the Lender's interest under this Deed of Trust. In particular, without limitations, the word "Note" or the words "Promissory Note" shall be singular or plural as the case may be. IN WITNESS WHEREOF, the Borrower has hereunto set his hand and seal the day and year first above written. BORROWER. STATE OF COLD DO ) COUNTY OF GARFIELD ) The foregoing Deed day of October 2022 by Notary Public 98020210/11/202707-49-48 PM Page16 of16 Jean AlberiCo.Garfield County, Colorado Rec Fee- $88.00Doc Fee- $0.00 eRecorded WUNIM".. A parcel of land situated in Lot 3 of Section 30, Township 5 South, Range 91 West of the Sixth Principal Meridian, Garfield County. Colorado, being more fully described as follows: Beginning at a stone found in place and properly marked for the West Quarter Corner of said Section 30, thence North 89037'30" East 764.13 feet along the northerly line of said Lot J; thence South 0026'00" East 950.01 feet; thence South 89031'15" Nest 116'67 feet; thence South 00022'40" East 361.81 feet, more or less, toa point on the southerly lino of said Lot 3; thence South 89031'l5" Nest along the southerly line of said Lot 3, 564.46 feet, more or less' to a point on the westerly line of said Lot 3; thence North 0OP24'00" Nest along the westerly line of said Lot 3^ 1312.87 feet' more or less* to said Quarter Corner, the point of begion-ng. Together with a non-exclusive easement and right-of-way for access and utility purposes over and across the northerly 36 feet of said Lot 3 and the easterly 36 feet of said Lot 3 northerly from the intersection of the county road known as Ingersoll Lane with the East line of said Lot 3.