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HomeMy WebLinkAbout1.02 Warranty deedsDocumentary Fee $ 760.00 WARRANTY DEED THIS DEED, made December 17, 2007, Selween MOBILE HOME MANAGEMENT CORPORATION, A COLORADO CORPORATION of the County of GARFIELD, State of COLORADO, GRANTOR, AND H LAZY F, LLC, A COLORADO LIMITED LIABILITY COMPANY, GRANTEE whose legal address is : of the County of GARFIELD. Siale of COLORADO WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. the grantor has granted, bargained. sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, its heirs and assigns forever, all the real property together with improvements. if any, situate and lying and being in the County of GARFIELD, State of COLORADO. described as follows. See Attached Exhibil"A" TOGETHER with all and singular the hereditaments and appurtenances thereto belonging. or in anywise appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate. nght, tiUe, interest, claim and demand whatsoever of the grantor either in law or equity. of, In and 10 Ihe above bargained premises. with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its heirs and assigns forever And the Grantor, for itsself, its heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, its heirs and assigns, that at the time of the ensealing and delivery 01 these presents, it is well seized of the premises above conveyed, has good, sure, perfect. absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant. bargain, sell and convey the same in rranner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except those matters as set forth on Exhibit "8" attached hereto and incorporated herein by reference. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable posseSSion of the grantee, its heirs and assigns, against all and every person or persons lawfully claiming the Whole or any part thereof. The singular number shall include the plural, the plurallhe singular. and the use of gender shal! be applicable to all genders. IN WITNESS WHEREOF the grantor has execl,ted this deed Return to: LARRY GREEN BALCOMB & GREEN 818 COLORADO AVENUE GLENWOOD SPRINGS, CO 81601 SIGNATURES ON PAGE 2 1111 W.1II~M,HlU'lr,~I,~I>\Ir.~IJtI\,I.IoJI: ~,~ 1IIII RecepUQnI*: 73~23 12/1111200701,62:11 PM J .. .., Alb,rico 2 of e Ileo Fn $41 00 Doe Fe.e-760.00 GI'IRFIELO COUNTY CO SIGNATURE PAGE TO WARRANTY DEED PAGE 2 PORATION, A COLORADO CORPORATION .~~~:LJ'''''2h~Ir'-:~'''''''l ~ 4"-r'c4,;1t:l ,JW ..-:-...... STATE OF COLORADO ss COUNTY OF PITKIN ) The foregoing insl[ument was ae nowledged before nw!iS n~ day or D~EMBFR, 2007, by \ aL'" ~. ~\vt \.-. AS..8!1pfQf.y. 1(\ ~OFMOBILEHOME MANAGEMENTCORPORATI N,ACOL RADOCORPORATION,\ \ .~ ~ WITNESS my hand and official seal " _«'V c:9 ' my comml"ion expires NO~ P,blk' -tr -to¥' lAJc,.,,\+Lr S; ~p..,.\ ~ ,YnS\~~ PCT21620MHM2 JOY S. IIIGENS NOTARY PUBLIC STATE OF COLORADO I"~, (:OntmIS$lOl1 EI"P'fH 05(0212010 PARCEL A" Parcell EXHIBIT "A" LEGAL DESCRIPTION A parcel of land situated in LoIs 20, 21, and 30 of Section 1, Township 7 South, Range 89 West of the Sixth Principal Meridian, partially described by Document No, 276349 as filed in the Garfield County, Colorado records, said parcel of land is more fully described as follows: Beginning at the Northeast corner of said Lot 30, whence the Northeast corner of said lot 20 bears N 30"40'18" E 1752.90 feet; thence S 02~20'OO" W 181.76 feet along the Easterly line of said document: thence West 553.46 feet along the Southerly line of said document; thence, along the centerline of a 20 fool road easement N 07·33'38" W 139.87 feel: thence N 12"45'40" W 278.44 feet; thence N 41"45'51" E 32.69 feet; thence N 32·59'08" E 75,80 feet; thence N 19°05'15" E 43.35 teelto the Northwest corner of said document, thence leaving said centerline S 57°36'25" E 667.40 feet along the Northeasterly line of said document!o the pomt of beginning. Parcel 2 A parcel of land situated in Government Lots 20 and 21. Section 1, Township 7 South, Range 89 Wesl of the Sixth Principal Meridian, lying Easterly 01 the Easterly righi-ai-way of the Glenwood Ditch Northerly of Ihe Northerly boundary of Government Lot 31, !clcated in said Section, and Westerly and Southerly of Document No. 261923 as recorded in the Clerk and Recorders Office of Garfield County, Colorado, is more particularly described as follows: Beginning althe Northeast corner of said lot 20, an iron post with a brass cap found in place' thence S 26°04'07" W 1282.88 feet to a point or said Document No. 261923 Southerly boundary, the True Point of Beginning: thence leaving said bOUndary, South 50 00 feet; Iherce S 44°15'54" E 148.B2 teet; thence S 2r22'05" W 210,64 feet to a point on said Lot 31 Northerly boundary; thence S 89°42'59" W 337.38 feet along said boundary; thence teav:ng said boundary N 57"36'25" W 667.40 feet to a pOInt on said Dilch right-ol-way: thence N 17"41'~7" E 170.00 feet along said right-of-way: thence N 47"52'25" E 139.48 feet along said right-Of-way, thence N 52·16'~6" E 189.68 feel along said right-of-way; thence N 57"6'07" E 213,85 leet along said right-of-way; thence N 58°22'27" E 45.84 feet along said righi-aI-way to a point of inlersection With said Document No 261923 boundary: thence leaVing said right-of-way South 298.72 feet along said boundary: thence S 26"00'00" E 238.93 feet along said boundary: thence East 265.15 feet along said boundary to the True Point of Beginning. EXCEPTING THEREFROM a parcel of land situated in Government lot 21 of SecllOn 1, TownShip 7 South, Range 89 West of the 6th PrinCipal Meridian, lying Easterly of the Easterly right-of"way line of the Glenwood Ditch, Garfield County, Colorado, and being more particularly described as follows: Beginning at a point on the Easterly right-of-way line of said Glenwood Ditch whence an iron post with a brass cap found in place for the Northeast corner of lot 20 of said Section 1 bears N 55°41'19" E 1161.83 feet: thence leaving said Easterly line on a course bearing South for 220.37 feet; Inence West 317.97 feet to a point on the Easterly right-of-way line 01 said Glenwood Ditch; thence aiong said Easterly right-of-way line on the fallowing courses: N 52"16'46" E 158.09; thence N 57"16'07" E 213.85 feet: thence N 58"2'27" E 15.31 feet to the point of beginning. Parcel 3' A parcel of land situated in Government lot 36, Township 7 South, Range 89 West of the Sixth Principal Meridian, lying Easterly of the Westerly line of said lot 36, Westerly of the Westerly line of the Glenwood Ditch. Northerly of the Southerly line of said lot 36, and Southwesterly 01 the Southwesterly right-aI-way line of the Denver and Rio Grande Western Railroad, being more particularly described as follows: Commencing at the True position of the Northwest corner of said lot 36, whence the Witness corner for said Northwest corner, being a brass cap found in place and marked l.S 10732, bears N 01"14'00" E 10.00 feet thence along the Westerly line of said Lol36 S 01"14'00" W 146,74 feet to the True Point of Beginning, thence leaVing said Westerly line along Ihe Southwesterly right-aI-way line of said railroad, along the arc of a curve to the right. having a radius of 1810.09 feet and a central angle of 02°28'25~ a distance of 7815 feet (chord bears 5 2r20'57" E 78.14 feet), to a point on the Westerly right-aI-way line of said Glenwood Ditch: thence leaving said Southwesterly right-aI-way line along said Westerly righi-aI-way line S 03°15'00" W 198.79 feet to a point on the Southerly line of said Lot 36; thence leaving said Westerly right-of-way line along said Southerly line N 67"06'00" W 30.40 feet to a pOint on Ihe Westerly tine of said Lo136; thence leaving said Southerly line along said Westerly line N 01'14'OO"E 266.40 feet to the True Point of Beginning EXCEPTING therefrom that portion conveyed to Walter Arthur Stowe and Delores Stowe. by Deed recorded March 24,1982 In Book 595 at Page 472. Parcel 4 A parcel of land situated in Government lots 9 and 16, Section 1, Township 7 South, Range 89 West 01 Ihe Sixtn Principal Meridian, lying Southwesterly of the Southwesterly right-of-way line of old State Highway No. 82, Southwesterly of the Southwesterly right-aI-way line of the Denver and Rio Grande Western Railroad and Westerly 01 the Easterly line of said lot 18. being more particularly described as follows Commencing at the True Position of Ihe Northeast corner of said lot 18 (also being the Northwest corner of Governmenl lot 36), whence the witness corner for said Northeast corner being a brass cap found in place and marked LS. 10732 bears N 01"14'00" E 10.00 feet; thence along the Easterly line of said lot 18 S 01~14'00" W 146.74 feet. to a point on the Southwesterly right-aI-way line of said railroad, the True Point of Beginning: thence continuing along the Easterly line of said lot 18 S 01~14'OO" W 105.32 feel: thence leaVIng said Easterly line along the arc of a curve to the left. having a radius of 1760,08 feet and a central angle 0111°24'58" a distance of 350.70 feet (chord bears N 3,°19'05" W 350.12 feet) to a point on the Southwesterly right-aI-way line of said Highway; thence along said Highway right~of.way S 53°2300" E 155.63 feet to a point on said Southwesterly right·of-way line of said railroad; thence along said railroad right-ai-way along the arc of a curve to the right, having a radius of 1810.08 feet 1111 t:l'i.rt~M,HI\ ,II/It ,Wi\,~l+lllIII;'ll'l~l,n~ 11111 Recep1101'\1I: 739523 12119120071211.62:11 PrI Jean Alboodco 5 of 8 Re" Fee:$41 00 Doc Fu,7s<l1_00 GFUIFIELD COUNTY CO and a central angle of 03°42'29" a distance of 117.14 feet (chord bears S 30·26'24" E 117.12 feet) to the True point of Beginning. ParcelS: A parcel of land situated in Government lois 20 and 21, Seclion 1, TownShip 7 South. Range 89 West of the Sixth Principal Meridian, being more particularly described as follows: Commencing at the Northeast corner of said Lot 20. an iron post and brass cap found in place and properly marked; thence S 59'50'26" W 979.01 feet to the Southeast corner of Document No. 266220 as recorded in the Garfield County Clerk and Recorder's Office, the True Point of Beginning; thence N 88'26'01" E 11.78 feet to a point on the Westerly right-ot-way line of the Glenwood Ditch: the,.,ce along said Westerly right-aI-way line S 12"08'46" W 51.33 feet; thence along said Westerly right-at-way line S 57"51'52" W 117.45 leet; thence leaving said Westerly right-ai-way line N 07"49'59" W 14.82 feet to a point on the Easterly line of a 20.00 foot roadway; thence along said Easterly line N 07"49'59" W S!i.17 feet; thence along said Easterly line N 11°08'36" W 39 59 feet to the Southwest Corner of said Document No 266220; the,.,ce along the South line at said Document No. 266220 N 88°26'01 "E 115.85 feet to the True Poinl of Beginning Parcel 6 A strip of land 50.00 feet wide situated in Government Lot 20 01 Section " Township 7 South. Range 89 West of the Sixth Principal Meridian, being more particularly described as follows: Commencing at the Northeast corner of said Lot 20 a brass cap in place and properly marked; thence S 55"29·41" W 1083.80 feet to a point on the Southerly right-of-way line of the Glenwood DitCh, the True Point of Beginning; thence S 58·22'27" W 47.59 feet to the Northwest corner of Document No. 290562; thence S 58"22'27" W along the Southerly right-of-way line of Glenwood Ditch and the Northerly line of Document No. 290582 18.44 feel; thence N 09·09'19" E 46.91 feet to a point on the Southerly line of Document No. 312201; thence N 5r51'52" E along said Southerly line 66.55 feet; thence S 09°09'19" W 47.69 feel to the True Po nt of Beginning. PARCEL B: Parcell A parcel of land situated in Lot 20, Section 1, Township 7 South, Range 89 West of the Sixth Principal Mendian, lying Northwesterly of that certain parcel of land containing 5.04 acres, more or less. and Southerly of the Southerly line of Glenwood Ditch, said parcel of land is described as follows: Beginning at a point on the Northwesterly line of said 5.04 acre parcel whence the Northeast corner of said Lot 20 bears N 53°13'58" E 1165.49 feet; thence North 58.72 feet to a point on the Southerly line of said ditch; thence N 58"22'27" E 89.26 feet along the Southerly line of said dilch; thence N 35°42'39" E 61.22 feel along the Southerly line of said ditch; thence N 78"11'00·' E 57.28 feet; thence S 173'00" W 34.54 feet; thence S 35°42'39" W 81.81 feet; thence S 58"22'27" W 128.87 feet to the point of beginning. Parcel 2 A strip of land being 50 feet in width situated in Lot 20, Section 1, Township 7 South, Range 89 West of the Sixth Principal Meridian, lying Easterly 01 the Easterly right-of-way line of the Glenwood Ditch and Southerly of the Northerly line of said Lot 20, said parcel of land is described as foUows' Beginning at a point on the Northerly Une of said Lot 20 whence an iron post with a brass cap found in place and properly marked for teh Northeast corner of said Lot 20 being the same as the Southeast corner of Lol 36 in said Section 20 bears S 87"06'00" E 841.26 feet; Ihence S 02"32'00" E 70.16 feet; thence S 1 rOo'oo" E 72.88 feet; thence S 18°38'00" E 60.13 feet; thence S 1S"31'OO" E 59,87 feet; thence S 04"41'00" E 104.30 feet; thence S 15"10'00" E 82.01 feet; thence S OOQ17'OO" E 62.07 feet; thence S 07"56'00" W 58.35 feet; thence S 17"23'00" W 15.27 feet; thence S 78"11'00" W 57,28 feet; thence N lr23'OO" E 39.08 feet; thence N 07"56'00" E 50,631eel; thence N 00"17'00" W 51.95 feet: thence N 15°10'00" W 80.07 feet. thence N 04"41'00" W 102.82 feet; thence N 18°31'00" W 53.75 feet; thence N 18°38'00" W 60.79 feet; thence N 17°00'00" W 79.94 feet; thence N 02"32'00" W 81.26 feet to a poinl on the Northerly tine of said Lot 20; thence S 8rOS'OO" E along the Northerly line of said Lot 20 50,23 feet, more or less, to the point of beginning ParcelJ A strip of land 50 feet in width situated in lot 36, Section 1. Township 7 South, Range 89 West of the Sixth Principal Meridian, being 25 feet on each side of the follOWing described centerline Seginnrng at a point whence the Southeast corner of said lot 36 bears S 87~06'00n E 866.38 feet. thence a!ong said centerline N 03°15'00" E 284.00 feet, more or less. to a point on the Southerly righ1-of-way line of old State Highway No. 82 Parcel 4 An easement for roadway, utility and drainage purposes over and across the following described parcel of land, to-wit A parcel of land situated in Government Lot 36, Section I, Township 7 South. Range 89 West of the 6th PrinCipal Meridian, lying Southwesterly of the Southwesterly right-of-way line of the Denver and Rio Grande Western railroad and Westerly of the Westerly line of "Parcel D" (as described in Document Number 261923 as filed in the Garfield County Clerk and Recorder's office), being more particularly deSCribed as (ollows: Commencing at the Northwest corner of said Lot 36 whence the witness corner for said Northwest corner being a brass cap found in place and marked l.S. 10732, bears N 01~14'OO" E 10,00 feet; thence S 08°36'54" E 218.58 feet to a point in the Southwesterly right-of-way line of said Denver and Rio Grande Western railroad. the True Point of Begil'ning; thence along said Southwesterly right-of-way line, along the arc of a curve to the right, having a radius of 1111 m. fII~WI,HlI,IIII\,IIii\ ,~~WI'I:IIiI ,\+II: M'~ 11111 Receptionll: 739S23 121181200101062;11 PPI Jun AU",rlco 7 of 8 R." F •• ,Ut 00 Doc Fee:780 00 CMFIElD COUNTY CO 1610,OB feel and a cenlral angle of01~39'24" a distance of 52.34 feel (chord bears S 25°17'02" E 52 34 feet) to a point on the Westerly line of said "Parcel 0"; thence leaving said right-of-way line along said Westerly line S 03°15'00" W 113.75 feel; lhence leaving said Westerly line, along the arc of a cUIVe to the left, having a radius of 1760_08 feet and a central angle of 01°S3'Sr a distance of 58.34 feet (chord beCirs N 22"07'31" W 58.34 feet) to a point on the Westerly right-of-way line of said Glenwood Ditch: thence along said Westerly right-of~way line N 03°15'00" W 107.02 feel to the True Point of Beginning Parcel 5: An easement and right-of-way for access and utility purposes over and across Ihe following described parcel of land to-wit A parcel of land situated in Government Lot 20, Section 1, Township 7 South, Range 89 west of the Slxlh Principal Meridian. more particularly described as follows. Beginning at the Northeast corner of Government Lot 20, a brass cap monument ill place; thence S 55~10'51" W 925.61 feet to the True Point of Beginning; thence S 70"11'20" W 6.33 feet; thence S 78°11'00" W 57.28 feet: thence 70"11'20" E 6.33 feel; thence N 78°11'00" E 57.28 feet 10 the True Point of Beginning. • 1III !ro1ll~M,Ptlj,~L~',~~IWIMH ~'Y 11111 Reo;ept.~onJl: 739523 . 12/181211070152:11 PI! J.,~n Alb~rac:" B Dr Il Rec 1'''''-541 00 Do<: F .... :790.00 GARFIELD COUNTY CO F..xHIBIT "8" 1. Taxes for the year 2007 not yet due or payable. (EXCEPTION 1 ABOVE AFFECTS ALL PARCELS) 2. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted and right of way for ditches or canals constructed by the authority afthe United States as reserved in United States Patent recorded May 17,1897 in Book 12 at Page 460. 3. Right of way for ditches or canals constructed by the authority of the United Stales, reservation of all oil and gas together with the right to prospect for, mine and remove the same and right otway for public roads and utility purposes, as reserved in United Stales Patent recorded December 14, 1961 in Book 338 at Page 126. 4. Terms, conditions, provisions and obligations as set forth in Easement Deed recorded August 19. 1981 in Book 579 at Page 589. 5. Road easement 20 feet in width as set forth in instruments recorded October 23, 1979 in Book 538 at Page 280, February 17, 1982 in Book 592 at Page 999 and Book 593 at Page 1. 6. Terms, conditions, provisions and obligations as set forth in Quit Claim Deed recorded March 5, 1981 in Book 566 at Page 864. 7. Right-of-way Easement recorded November 4. 1981 in Book 585 at Page 137. 8. Terms. conditions, provisions and obligations as set forth in Resolution recorded December 22, 1981 in Book 589 at Page 160. 9. Right-of-way for the Glenwood Ditch as set forth in instrument recorded June 17. 1901 in Book 44 at Page 457. 10. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Cross Electric Association. Inc .• in instrument recorded May 15. 1976 in Book 484 at Page 348. i . 11. Easements and rights of way for non-exclusive access and utility easements as set forth in Deed recorded Janual)' 31. 1978 in Book 505 at Page 443. 12. Easement for access and utility purposes 20 feet in width as set forth in instrument recorded April 2, 1975 in Book 471 at Page 105. (EXCEPTIONS NUMBERED 2 THRU 12 ABOVE AFFECT PARCEL A) 13. Right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersectihe premises hereby granted and right of way for ditches or canals constructed by the authority otlhe United States as reserved in United Slates Patent recorded May 17, 1897 in Book 12 at Page 460. 14. Right of way for ditches or canals constructed by the authority of the United States, reservation of all oil and gas together with the right to prospect for, mine and remove the same and right of way for public roads and utility purposes, as reserved in United States Palent recorded December 14. 1961 in Book 338 at Page 126. (EXCEPTIONS NUMBERED 13 THRU 14 ABOVE AFFECT PARCEL B) , " 1 1/.. ; ,1 ~II 'J /, I .' [ (.~ , ! I III! !1·.'~·III'·I,\Mllll'Ir.r>\I~iI\~I"'II~I'I':IH'LI"",~"I.11I' Reeepli""II: 779951 '~ll1/200'l 104640 1'111 J@~n AlbeclCO 1 ~, :it R~~ f"@e $21 00 floe ru ,,00 G~"F1ElO (O"UTY to SPECIAL WARRANTY DEED THIS DEED, Made this 30th day of December, 2009, between RICK BROADHURST and ANN BROADHURST, as joint tenants, and BRlSTON PETERSON, Grantors, and H LAZY F MINI STORAGE, LLC, a Colorado limited liability company, Grantee, whose legal address is 5317 County Road 154, Glenwood Springs, Colorado 81601 of the County of Garfield, Slate of Colorado: WITNESSETH, ThaI the Grantors, for and in consideration of the sum of *** Ten and OO/lOOlhs *** DOLLARS ($10.00), the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey, and confirm, unto the Grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Garfield, State of Colorado, described as follows: See Exhibit A attached hereto and incorporated herein by this reference. also known as: TBO TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereor; and all the estate, right, title, interest, claim and demand whatsoever of the Grantors, either in law or equity, of. in and to the above bargained premises, wilh the hereditament,> and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. The Grantors, for themselves, their sUCcessors and assigns, do covenant and agree that it shall and will WARJ~A\'T A\'D FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantors. except for and subject to any real property taxes ror 2009 and subsequent years, not yet due and payable, and subject to all matters orrecord. IN WITNESS WHEREOF, the Grantors have executed this deed on the date set forth above. () h -::tJJl---Mcd~adhursr '\ 0nnBroa~ Brislon pf:eWW-... -----STATE OF COLORADO ) 5S. COUNTY OF GARFIELD ) The foregoing instrument was acknowledged berore me on this 30th day of Decem her, 2009, by Rick Broadhurst, Ann Broadhurst and Briston Peterson. Witness my hand and oflleial seal When R<c<l,drd ROlOlrn \~ ~~'7~:.~.G':'=;', r <. c""''''''''''''I' ro '.'" 1111 W.I:"\iI"il,t1W r+,'£rIIlJ' \>I1l~l!IolI.lrJo'l*r,I,\I! ~"l 11111 Reception!!: 719951 12.]11200<' 10 4S.4: 111'1 ;can 11]<'.'i<;" 2 0' 2 R~~ Fe" 12100 {)oo F~. 0.00 G~RF;ElO cQU.nv CO EXHIBIT "A" LEGAL DESCRIPTION A parcel of land situated in Section 1, TOWrll\hip 7 South, Range 89 Westal the Sixth Principal Meridian, said parcel being more particular~ described 8$ follows: Commencing at the Witness corner of the Northwest Corner of Lot 36, Section I, a brass cap louJ'ld ~ place and properly marked (whence the \nJ8 No1hwesl Comer bears 5 01"1'05" W 1000 feet); thence S 11°33'49" W 624 37 'eella the True P·)ir'll of Beginning: thence N 8S'59'28" E 128.34 feel; thence N 84"24'20" E 78.191eel loa poinl on th-a Westerly line ola parcel of land recorded as Receptlo'l No. 261923 In the Garfield County Clerk and Recorder's OHice; thence along Hid We~lerly lille the following courses Bnd distance,' S 18'38'00" E 40.79 feel: thence 5 18"31'00" E 53 751eel: thence S 04'41'00' E 102.82 feet. thence S 15'10'00" E 80,07 feet thence S 00'1]'00" E 51.95 feel: thence S 07'56'00" W 38,23 feet thence leaving uid Westeri)' line S 88'26'01" W 159.79 teet; thence N 06"13'49" W 115.73 lee\: thence N 29'42'12"" W 82.41 feel: lhence N 44'08'24"' W 65.48 feet: thence N 00·04'46" E 120,10 leello the True POInt of Beginnin9 Also krlOwn <1&: Parcel 2, Amended Siowe Exemption Plat .' 800K468 fACE 588 ...." ...l .J.!.e.C!.. .........' . ...J ' .......K -. ;p;ji£iJJJ1319. 7.. .... 5 Reef",";'1l No._ J~.6..6.g~Q... ,./...... R.tcordor. Tms DEED, Mad.thl. '2.. '1'B:. ufo! :[A,\)UA/:UI 19 75,betweea CHARLES E. CORYELL, a.k.a. C. E. CORYELL, a -single person, PNI'RICK B. CORYELL and ADELINE CORYELL, h~sband and wife; CHARLES R. CORYELL and JOAN CORYELL, husband and wife, of lhe Co1mty of Garfield and State of Colorado, t>f th&firat p .. rt, and WALrER A. STOWE and DELORES A. STOWE "'-11 FEB 31975 ·11 -oftlle Count),ol Garfield BlIdState of Colorodo, of the leo!()ndpatt: WITNESSETH, that the Bald parties of Ihe tint p.oort, lor and in conliden.tion of. the .um of TEN DOLLARS AND OTHER VALUABLE CONSIDERATION--------------~~X~ to the laid partie So! the Ilnt part in hand Plld by the 'aid partl .. ot the second part, the receipt wltereot I;' hereby contosscd nnd aclrnowledred, hB ve granted, bargained, lold and tonvel"ed, and b)I' thOle p...,..nh do gIant, bargain, .. U, ~onve)' and eoruirm unto the 'Rid pa~Ue8 of the 8".,ond part, their heirs and Ruign8 forever, not In ten&ne), in commOn but in joint tenano)', all the fol\owiTll: d.seri~d lot or par~e! of IB'nd, li!uate, \)'ini' and being in the Countyot Garfield and State of C?lorado. to,,~t, A tract of land situated in Lots 20 and 21 of qectian 1 in Township 7 south, Range 89 west of the 6th principal Meridian, lying Easterly of the Easterly line of a 20' foot roadway and t-l'esterly of the Westerly line of a 20 foot roadway, as constructed and in pIa.ce, described as follows: Beginning at a point on the w~sterlY line of said 20 foot roadway whence an iron post with a brass cap set in. place anQProperly marked for the Southeast Corner of Lot 36 in said Section 1 bears N. 87"34'16" E. 932.27 feet; thence S. 92"32'00" E., 4.20 feet along the Westerly line of said roadway; thence S. 17"00'00" E. 86.23 feet along the Westerly line of said roadway; thence S. 18°38'00" E. 109.74 feet along the westerly line of said roadway; thence S. 04°41'00" E. 101.45 feet along the Westerly line of said roadway; thence S. 15°10'00" E. 78.09 feet along the Westerly .li-ne of said roadway; thence S. 00°17'00" E. 41.05 feet along the Westerly line of said roadway; _thence S; 05°43'20" W. 44.40 feet alo!lg the Westerly line of said roadway; ,thence S; 88°26'01" W.· 115:85 feet· to a point on the Easterly line of said 20 foot roadway; thence N. 06°13'49" W. 115,73 feet along the Easterly line of said roadway; thence N. 29°42'12" W. 82.41 feet along the Easterly line of said roadway; thence N. 44~08'24" W. 65,48 feet along the Easterly line of said roadwp,Yi .th~nee N. 62°16'10" W. 56.50 feet along the Easterly line of said roadway; thence N, 86°49'13~ .W. 30.8,4 feet along the Eaater1y line of said roadway; thence . N. 09"02'12" W. 205.86 feet; thence ·S. 87°47'00" E. 243.17 feet to a pOint on the Westerly line of said roadWay, the point of beginning, containing 2.04 acres, more or less. Together with ~n easement over ~~d acrQss existing easements, rights of way and roadways for access purposes from the above 'described property to old State Highway No., 82. TOGETHER with all and .ingular the heNditamenls ftnd appurtenanoes ther~unto belonging, o>r in anywise appertaining, and thB leveulon and reversions, remainder and remalndeu, rents, i .. ues and profits thereof; and aU the esbt9, right, title, interest, claim and demand wbaboever of th~ said parties of the fin.~ part, either In Ilw 0>,. equity, nf, in and to the above bargained preml!M, with the hereditaments and appurtenance •. '00<468 PAGE 589 TO HAVE AND TO HOLD the said premi~u above bargained and describd, with the apputtenanc .. :-unto the 511id par~ies of the seco~hi.lUtr their heiTi and assigns f{}~ver. An~ th .. uld part ies Qi the !i:;,~ part, f?t them . selves, /-1tJI"S. exeeutors, IIond adm!ni.trators, do COVell.nt, grlnt, b-argaln an4 agree to and with the said partiea 01 the second part, their heir9 and as~igns, that at the time of tlie ensealing and deUvexy of theu presents. they are wen seized of the premlse& ahove conveyed, as Of good, sure, pedect, ab301ute and.indefeuible eslate ot inheritance In law, in Cee simple, and Ita. ve gocd right, fuJI power and lawful Buthority . to gmnt, bargain, sell and cor.vey the Bame In manner and form afore,aid, lind thJ.t the same are free and elaar from all Conner lind othlll' grants, bugains, !ales, liens, fan~, B!.sesamen~ lind Inoumbrances ot whatever kind IIr nature, so~ver, except 1975 general property taxes, U .5 _ -Paten'f< reservations and exceptions, easements and rights of way of a public or private nature including, but not exclusively, those for roads, ditches and power lines, building, zoning and other governmental rules and regUlations and Charles E. Coryell, a.k.a. C. E. Coryell, Patrick B. Coryell and Charles R. Coryell hereby reserve an undivided onehalf interest in all oil, gas-and other minerals in, on or under the above described property, together with the right to prospect for, mine and remove the same, and the above bargained ptemises In the quiet and peaceable }IQ'I5esslon of the said partie. of the seoond part, their helll and assign., against al\ and enry p8X"On or person, lawfully eJaimlng or to claim the wholo or any po.rl thereof, the said patties of the first part shan and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the 5aid parties of the first part M7e hereunto 6et their hand sand sealS the day and year first above written. J, " ., J' is o! "I j ! t i e ~, q~ i" oi 0 't"> .! 1 'S!! .~ j ~ ~ ~ ~ ~I f<rl z , (\I , 0 ~ .j . ! , ::::! ~f ~ z i ~~ Ji o , i , " -& d Z 1l • o 0 lJ!-1 ~! ~ " 0 ~ • ~ i"-i ~ <i , ~ "0 • ~ i IX • f 1 ~ , i ~ ~ ~ l~ l l3 • "" f • j~"<l: ] ~i j , ! J~ l ! Ji ii' .; , ;!'l~ • , • ~ ,;";:,;1'": r· .~ I'''i' ~ ' '" .~ !J~ ","-I -'" (S\} ~'Q EXHIBIT A Page 1 of3 J ParcelC-3 /A parcel of land situated in Government Lot 36, Township 7 South, Range 89 West of the Sixth Principal Meridian lying Easterly of the Westerly line of said Lot 36, Westerly of the Westerly line of the Glenwood Ditch Northerly of the Southerly line of said Lot 36, and Southwesterly of the Southwesterly right-of-way hne of the Denver and Rio Grande Western Railroad, being more particularly described as follows Commencing at the True position of the Northwest corner of said Lot 36, whence the witness corner for said Northwest corner, being a brass cap found in place and marked L.S. 10732, bears N 01'14'00" E 1000 feet; thence along the Westerly line of said Lot 36 S 01'14'00" W 146,74 feet to the True Point of Beginning, thence leaving said Westerly line along the Southwesterly right-of-way line of said railroad, along the arc of a curve to the fight, having a radius of 1810.08 feet and a central angle of 02'28'25" a distance of 7815 feet (chord bears S 27"20'57" E 78,14 feet), to a point on the Westerly right-of-way line of said Glenwood Ditch, thence leaving said Southwesterly right-of-way line along said Westerly right-of-way line S 03'15'00" W 198.79 feet to a paint on the Southerly line of said Lot 36; thence leaving said Westerly right-of-way line along said Southerly line N 87"06'00" W 30.40 feet to a point on the Westerly line of said Lot 36; thence leaving said Southerly line along said Westerly line N 01'14'00"E 266.40 feet to the True POint of Beginning. EXCEPTING therefrom that portion conveyed to Walter Arthur Stowe and Delores Stowe, by Deed recorded March 24, 1982 tnBook 595 at Page 472. Parcel C-4 A parcel of land situated in Government Lots 9 and 18, Section 1, Township 7 South, Range 89 West of the Sixth Principal Meridian, lying Southwesterly of the Southwesterly right:of-way line of old State Highway No. 82, Southwesterly of the Southwesterly right-of-way line of the Denver and Rio Grande Western Railroad and Westerly of the Easterly line of said Lot 18, being more particularly descflbed as follows: Commencing at the True Position of the Northeast corner of said Lot 18 (also being the Northwest corner of Government Lot 36), whence the witness corner for said Northeast corner being a brass cap found In place and marked L.S 10732 bears N 01'14'00" E 1000 feet; thence along the Easterly line of said Lot 18 S 01'14'00" W 146.74 feet, to a point on the Southwesterly rrght-of-way line of said railroad, the True Point of Beginning; thence conltnUing along the Easterly line of said Lot 18 S 01'14'00" W 10532 feet ther,ce leaving said Easterly hne along the arc of a curve to the left, having a radius of 1760.08 feet and a central angle of 11' 24 '58" a distance of 350. 70 feet (chord bears N 31' 19'05" W 350. 12 feet) to a pomt on the Southwesterly right-of-way line of said Highway; thence along said Highway rrght-of-way S 53'23'00" E 15563 feet to a paint on said Southwesterly flght-of-way rine of said railroad; . thence aleng said railroad flght-of-way along the arc of a curve to the fight. having a radius of 1810 C8 feet and a central angle of 03'42'29" a distance of 117 14 feet (chord bears S 30'-26'24" E 117 12 feet) to the True po,nt of 8eglnnlng. Parcel 0-1 EXHIBIT A Page 2 of3 A parcel of land situated in Lot 20, Section 1, Township 7 South, Range 89 West of the Sixth Principal Mendian, lying Northwesterly of that certain parcel of land containing 5.04 acres, more or less, and Southerly of the Southerly line of Glenwood Ditch, said parcel of land is described as follows: Beginning at a point on the Northwesterly line of said 5.04 acre parcel whence the Northeast corner of said Lot 20 bears N 53'13'58" E 116549 feet; thence North 58 72 feet to a point on the Southerly line of said ditch; thence N 58"22'27" E 89.26 feet along the Southerly line of said ditch; tMece N 3542'39" E 6122 feet along the Southerly line of said ditch; thence N 78'11'00" E 57 28 feet; thence S 1 73'00" W 34.54 feet; thence S 35' 42'39" W 8181 feet; thence S 58"22'27" W 128.87 feet to the point of beginning. /parceI0-2 A stnp of land being 50 feet in width situated In Lot 20, Section 1, Township 7 South, Range 89 West of the Sixth Principal Meridian, lying Easterly of the Easterly right-of-way line of the Glenwood Ditch and Southerly of the Northerly line of said Lot 20, said parcel of land is descnbed as follows' Beginning at a pOint on the Northerly line of said Lot 20 whence an iron post with a brass cap found In place and properly marked for teh Northeast corner of said Lot 20 being the same as the Southeast corner 01 Lot 36 In said Section 20 bears S 8r06'00" E 84126 feet; thence S 02"32'00" E 70 16 feet; thence S 17'00'00" E 72.88 feet; thence S 18'38'00" E 6013 feet; thence S 18"31'00" E 59.87 feet; thence S 04'41'00" E 104.30 feet; thence S 15'10'00" E 82.01 feet; thence S 00' 17'00" E 62 07 feet; thence S 07"56'00" W 5835 feet; thence S 17"23'00" W 15.27 feet; thence S 78'11'00" W 5728 feet; thence N 17'23'00" E 39.08 feet; thence N 07"56'00" E 50.63 feet; thence N 00'17'00" W 5195 feet; thence N 15'10'00" W 80.07 feet; thence N 04'41'00" W 102.82 feet; thence N 18'31'00" W 53.75 feet; thence N 18'38'00" W 60 79 feet; thence N 1 roo'oo" W 79.94 feet; thence N 02'32'00" W 8126 feet to a pOint on the Northerly line of said Lot 20; thence S 8r06'00" E along the Northerly line of said Lot 20 50.23 feet. more or less, to the pOint of beginning Parcel 0-3 EXHIBIT A Page 3 of 3 A strip of land 50 feet in width situated in Lot 36, Section 1, Township 7 South, Range 89 West of the Sixth Principal Meridian, being 25 feet on each side of the following described centerline: Beginning at a point whence the Southeast corner of said Lot 36 bears S 87'06'00" E 866.38 feet; thence along said centerline N 03°15'00" E 284.00 feet. more or less, to a point on the Southerly right-of-way line of old State Highway No. 82. Parcel 0-4 An easement for roadway, utility and drainage purposes over and across the following described parcel of land. to-wit: A parcel of land situated in Government Lot 36, Section 1, Township 7 South, Range 89 West of the 6th Principal Meridian. lying Southwesterly of the Southwesterly right-of-way line of the Denver and Rio Grande Western railroad and Westerly of the Westerly line of "Parcel 0" (as described in Document Number 261923 as filed in the Garfield County Clerk and Recorder's office), being more particularly desCribed as follows' Commencing at the Northwest corner of said Lot 36 whence the witness corner for said Northwest corner being a brass cap found in place and marked LS. 10732, bears N 01"14'00" E 10.00 feet, thence S 08'36'54" E 218.58 feet to a pOint In the Southwesterly right-of-way line of said Denver and RIo Grande Western railroad, the True POint of Beginning; thence along said Southwesterly right-of-way line along the arc of a curve to the right haVing a radiUS of 1810 08 feet and a central angle of 01'39'24" a distance of 52.34 feet (chord bears S 25" 17'02" E 5234 feet) to a point on the Westerly line of said "Parcel D", thence leaVing said right-of-way line along said Westerly line S 03"15'00" W 113 75 feet. thence leaving said Westerly line, along the arc of a curve to the left, having a radius of 1760.08 feet and a central angle of 01"53'57" a distance of 58.34 feet (chord bears N 22"07'31" W 5834 feet) 10 a pOint on the Westerly right-of-way line of said Glenwood Ditch; thence along said Westerly right-of-way line N 03"15'00" W 107.02 feet to the True Point of Beginning Parcel 0-5 An easement and right-of-way for access and utility purposes over and across the follOWing descnbed parcel of land to-Wit ' A parcel of land situated In Government Lot 20, Section 1, Township 7 South, Range 89 West of the Sixth PrinCipal Meridian. more particularly described as follows: Beginning at the Northeast corner of Government Lot 20, a brass cap monument in place; thence S 55"10'51" W 925.61 feet to the True Point of Beginning; thence S 70" 11'20" W 6.33 feet; thence S 78" 11'00" W 5728 feet; thence 70"11'20" E 6.33 feet; thence N 78'11'00" E 5728 feet to the True Point of Beginning. 1111 m.fl~I'l:IMlI,Hll.~,\oII1 ,~, !WlM~II+~~'~ 11111 Reception#: 739S25 121\8(200701,52," PM Jean ~lbarico , of 11 Reo Fee-SS6 00 I)oe Fae:Q.00 G~rtELO COUNTY CO o rD j CO t URECORDATION REQUESTED BY: Alpin. Bank. A Colorado Banking Corporation Alpine Bank Carbondale 0360 Hwy 133 Carbondale. CO 81823 WHEN RECORDED MAIL TO: Alpine Bank 400 7th Street South Rifle, CO 81850 SEND TAX NOTICES TO: H LAZY F.lLC 5317 COUNTY ROAD 164. SUITE 201 GLENWQOD SPRINGS, CO 81601 FOR RECORDER'S USE ONL. Y DEED OF TRUST MAXIMUM PRJNCIPAL AMOUNT SECURED. The Lien of this Deed of Trust shall not exceed at anyone time $9,250,000.00 except 88 allowed under applicable Colorado law. THIS DEED OF TRUST is dated Decembar 17, 2007, among H LAZY F, LLC, whose address is 5317 COUNTY ROAD 154, SUITE 201, GLENWOOD SPRINGS, CO 81601 I"Grantor"); Alpine Bank, A Colorado Banking Corporation. who •• addr ... Is Alpine Bank Carbondale. 0350 Hwy "33. Carbondale. CO 81623 (referred to below sometimes as "Lender" and sometimes 8S "Beneficiary",; and the Public Trustee of GARFIELD County, Colorado (referred to below !IS "Trustee"), CONVEYANCE AND GRANT. For valuable con .... tion. Grantor h ... eby irrevocably grant •• tranafer. and anigna to Tru.t.e for the beneiit of lender as hn.ticiary all of Grantor'& right, title, and interest in and to the following described real property, togelher with all existing or subsequently erected or affixed buildings, improvements and fixtures; ali easements, rights of way, and appunenances; all water, water rights end ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, It he "Real Property") located in GARFIELD County, State 01 Colorado: Sea EXHIBIT A, which i. attached to this Dead of Trust and made a part of this Deed of Trust !IS if fully set forth herein. The Real Property or it. address is commonly known as 5445 COUNTY ROAD 154. GLENWOOD SPRINGS, CO 81601. CROSS-COLLATERAUZATION. In addition to the Note. this Doed of Trust stt(;urBS all obligations, debts and liabilities. plus interest thereon., of either Grantor or Borrowor to Lender, Of anv one or more of them, as well as 81[ claims by Lender against Borrower and Grantor or anyone or more of them, whethor now existi",1 or hereafter arising. whether related or unrelated to the purpose of the Note. whether voluntary or otherwise, whether due or not dUe. direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise. and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and wheth&r the obligotion to repay such amounts may he or hereefter may become otherwise unenforceable. Grantor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Grantor's right. title, and interest in and to aU present and future leases of the Property and all R&nts from the Property. In addition. Grantor grants to Lender a Uniform Commercial Code security interest in the Poraonal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SSCURrrY INTEREST IN THE RENTS ANO PERSONAL PROPERTY, IS GIVEN TO SECURE IAl PAYMENT OF THE INDEBTEDNESS AND (B) PERfORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR·S REPRESENTATIONS AND WARRANTIES. Gnlntor warnmts that: (a) this Deed of Trust is e)!;ecuted at Borrower's request and not at the request of Lander; (b) Grantor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the Propeny; (c) the provisions of this Deed of Trust do not conflict With. or result in a default under any agreement or ott"ler instrument binding upon Grantor and do not result in 8 violation of any Isw, regulation. court decree or order applicable to Grantor; Id) Grantor has established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) lender has made no rBpresentation to Grantor about Borrower (including without limitation the creditworthiness of Borrower). GRANTOR's WAJVERS. Grantor waives aI/rights or defensas arising by reason of any "one action" or Manti-deficiency· law, or any other law which may prevent Lender from bringing any action against Grantor. includin'g a claim for deficiency to the extent lender is otherwise entitled to a claim for deficiency, before or after lender's commencement or completion of any foreclosure action, either judicially or bV exercise of a power of sale. PAVMENT AND PERFoRMANCE. Except as otherwise pro\lided in this Deed of Trust. Borrower and Grantor shall pay to Lender all Indebtedn.ess secured by this Deed of Trust a8 it becomes due. and Borrower and Grantor shat! strictly perform aU their respective obligations under the Note, this Deed of Trust, and the Relauld Documents. POSSESSION AND MAINTENANCE OF T"'E PROPERTY. Borrower and Grantor agree that Borrower'S and Grantor's possession and use of the Propeny shell be governed by the following provisions: Po ..... IDn and U ••. Until the occurrence of an Evam of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the I'roperty; and (3) collect the Rants from the Property. Duty to Maintain. Grantor shaH maintain the Property in tenantable condition and promptly perform all repairs. replacements. and maintenance nece5ssry to preserve its value. Compliance With Environmental bwa. Grantor rapresants and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, gen'lIration. manufacture, storage, treatmenr, disposal. release or threatened [sis-a .. ;, of any. Hac:afdul's Substance by any person on. under. about or from the Property; (2) (;rantor has no knowledge of, or reason to believe that there has been. except as previouely disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws. (b) any lJae, generation. manufacture. storage, treatment. disposal, release or threatened release of any Hazardous Substance on. under, about or from the PropertY by any prior owners or occupants of the Propeny, or (c.) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as pre~lousiy disclosed to and acknowledged by lender in writing. {a} neither Grantor nor any tenant, contractor, agent or other authonzed user of the Property shall use. generate, manUfacture. store, treat. dispose of or release any Hazardous Substance on, under, about or from the Property; and Ib) any such II(:tivity shall be conducted in compliance with all applicable federal, state, \\ , 1111 MI"I. ~l~~:IHI~ ,Nr,~,I-I:i~ ,riolJ.fW,LIIW:,ojll. ~,~ I'''' Ree.ptiDn~: 739525 12/181200701:52:11 PM Jean FHberloo 2 of 11 Rae Fee:$56.00 Doc Fee:0.00 GARFIELD COUNTY CO Loan No: 0463637201 DEED OF TRUST (Continued) Page 2 and «"I laws, regul,nions and ordinenC03, including without limitation all Environmental Laws. Grantor authorizes Lender and its. agents to enter upon the Property to make such inspections and tests. at Grantor's expense, at> Lander may deem appropriate to determine compliance of the Property with this &eetion of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purpoS6s only and shall not be construed to croate any rosponsibility or liability on the part of Lender to Grantor or to any other person. Tho representations and warranties contained herein are baaed on Grantor's due diligence in invostigating the Property for HazardOLiS Substances. Grantor hereby (1) fBlel!ises and waives any future claims against Lender for indamnity or contribution in the event Grantor becomes liable for c~:t8nup or other costs under any such laws; and (21 agrees to indemnify, defend, and hold harmless Lender against any and all ,olaims, losses, liabilities, damages, penalties, and exPenses which Lender may directly Of indirectly sustain or suffer resulting from 8 breach of this section of the Deed of Trust or as 8 consequence of any use, generation. manufacture, storage. disposal. rekiafle or threatened release occu"ing prior to Grantor's ownership or interest in the Property, whether or not the same was or shook! have been known ta Grantor, The provisions of this section of the Deed of Trust. including the obligation to Indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest In the Property, wheth"r by for8cloflure or otherwise. Nuance, Waste. Grantor shall not cause, conduct CIt permit any nuisance nor commit. permit, or suffer /lIny stripping of or waste on or to the Property or any portion of the PrCIp&rty. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove" any timber, minerals (including oil and gas), coal, clay. scoria, soil. gravel or rock products without LeMer's prior written consent. Removal of Improvam .... u. Grantor shall not demolish or remove Bny Improvements from the Real Proparty withoot Lender's prior written consent. As ill coodition to the removal of any Improvements, Lender mey require Grantor to make ammgements satisfectOlY to Lender to replace such Improvements with Improvements of at least equal value. Lend",'. Right to Enter. Lender and Lender's agent8 and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect tho! Real Property for purposes of Grantor's compliance with the terms and conditioos of this Deed of Trust. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws. ordinanCes, and regulations, now or hereafter in effect. of all governmental authorities appik:abht to the use or occupancy of the Property. including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding. including apPioprietil appeals. so long as Grantor has notified lender in writing prior to doing so and so long as, in Lender's sole opinion. Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a suraty bone!. reasonably satisfactory to Lender. to protect Lender's interest. Duty to Protect. Grantor agree8 neither to abendon or )eave unattended the Property. Grantor shell do all other acts. in addition to those acts set forth above in this section, which from the character and use 01 the Property are reasonably necessary to protect and preserve the Property. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deoo of Trust: Payment. Grantor shall pay when due (and in aU avents prior to delinquency) all taxes. speciel taxes, assessments, charges (including water and sewer), fines and impositions levi&:! against or on account of the Property. and shall pay when due all claims for work done on or fO( services rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of lender under this Deed of Trust •• )Ccept for the lien of taxes and assessments not due and except as otherwise provided In this Deed of Trust. . Right to Con'tqt. Grantor may withhold payment of arlY tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen {15) days after the lien arises or, if a lien is filed. within fifteen (15) days after Grantor has notice of the filing, secure the di3charge 01 the hen. or if requested by lendof, deposit with lender cash or a sufficiant corporate surety bol'Kf or other security satisfactory to lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and sm.11 satisfy any adverse judgment before enforcement against the Property. Grantor shall nalne Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender setisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time e written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at la8st fifteen (151 days before any work. is commenced, any services are furnished. or any materials are supplied to the Property. if any mechanic's lien, materialmen's lien. or other lien could be esserted on account of the work. services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lendar that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. Maintenance of lnaurano.. Grantor shall procure anl~ maintein policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an emount sufficient to evoid application of any coinsurance clause, and with a stendard mortgagee clause in favor of Lender. Grantor shall also procure and maintain compt"ehl!lnsive general liability insurance in such coverage amounts as Lender may request With Trustee and Lender being named as additional insureds in such liability insurance poliCies. Additionally, Grantor shall maintain such other insurance, including but not limited to hiBZ8rd, business interruption. and boiler insurllnce. as Lender may reasonably require. Palicie8 shell be written in form, amounts, ,;overeges and basis reasonably acceptable to Lender and issued by a company or companies reasonably accepUlbje to LandElr. Grantor, upon request of Lender, will deliver to Lender from time to time the policies or ceniticates of insurance In 'form 9L!11tisfectory to Lender, including stipulations that coverages will not be cancelled or diminished without at feast ten (10) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in fevor of lender will not be impaired in eny way by any act, omission or default of Grantor or any othar person. Should the Real Property be lo::atad in an area designated by the Director of the Federal Emergency Management Agency as a special 1I00d hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, f.or,the full unpaid princ,ipal balance of the loan and any prior liens on the property securing the loan. up to the maximum policy hmlts set under the National Rood Insurance Program, or 88 otherwise reQuired by Lender. and to maintain such insurance for the term of the loan. Application of Proce6ds. Grantor shall promptly notify Lander of anv 10$S or damaije to the Property, lender may make proof of 1055 if Grantor fails to do so within fifteen 115) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lander's election. receive end retain the proceed:s of any insurance and apply the proceeds to the reduction of the Indebtedness. payment of any Jien affecting the Property, or the restcration and repair of the Pr~rty. If Lender elects to apply the proceeds to restoration and repair, Grentor shall repeir or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. lender shell. upon satisfectory proo1 of $uch axpendlture. pey or reimburse Grantor from the proceeds 10r the reasonable cost of repair or restoration if Grantor is not in default under this Deed of Trust. Any proceoos which have not been disbursed within 180 days after thwr receipt and which Lender has not committed ta the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of TrUlSt, then to pay accrued interest. and the remainder. if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor a8 Grantor's interests mey appear. 1111 rIJI'I. ~ln~:IHH ,IIIII! ,~,~~ ,rrl! ~ ~:III.~'~ 1111/Reception": 73eS25 12/18/2007 01 :52: 11 PM Jean Alb1i1ri.co 3 of 11 Reo Fee·$S8.00 Ooc Fee:0.0Q ~RFIElC COUNTY CO Loan No: 0463637201 DEED OF TRUST ( Continued) Page 3 Grantor'. Report on lnaurance. Upon request of Lendsf, however not more than once a year, Grantor shall furnish to lender a report on each existing policy of insurance showing: II) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) the property insured, the then current repl~lc8ment value of such property. and the manner of determining that value; and (6) the expiration date of the poJicy. Grantor shall. upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of t~~ Pro~rty. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fail9 to comply with any provision of this Deed of Trust or any Related Documents, Including but not limited to Grantor's failure to discharga or pay when due any amounts Grantor i. roquiled to discharge or pay under this Oeed of Trust or any Related Documents, Lender on Grantor's behalf may (but shall not be obtigated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxa., tiens, security interes.ts. encumbrances and other claims, at any time levied or placed on the Property and paying al\ costs fO( insuring, maintaining and preserving the Property, All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rlitE' charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option. will (A) be payablo on demand; (B) be added to the balance of the Note Gnd be apportioned among and be payable with iIIny installment ~yments to become due during either (1) the term of any applicable insurance policy: or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at thlt Note's m~turity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. WARRANTY; DEFENSE OF TITLE. The following prOvisiona relating to' ownership of the Property are a part of this Deed of Trust: TItle. Granter warrants that: (8) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of aI/liens and encumbrances other than those set forth in the Re.1 Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted b~, Lender in connection with this Deed of Trust, and (bl Grantor has the full right, power, and authol'"ity to eX8Cot" and deliver this DHd ClI Trust to Lender. Defense of TItle. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender under this Deed of Tru.t, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceading, but Lenoor shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grant!)r will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. CompBance Wrth Law.. Grantor warrants that the Property and Grantor's use of the PropertY complies with all Itxisting appJicsble laws, ordinances, and regulations 01 governmental authorities. Survival of R.pr ... ntlltio .... and W.rrantiea. All representations, warranties, and aQreements made by Grantor in this Deed of Trust shall survive the execution and delivery of this Dead of Trust, shall be continuing in nature, and shall remain in full force and affect until such time as Borrower's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating tCl condemnation proceadings are a part of this Deed of Tru&t: ProceedinQII. If any proceeding in condemnation is l'iled, Grantor shaH promptly notify Lender in writing, and Grantor shall promptly take such steps 8S may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel Clf its o ..... n choice, and Grantor will deliver or cause te, be delivered to Lender such instruments and documentation as may be requested by Lender from tima to tima to permit such p.srt;ciplltion. Application of N~ Proceed •• If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase In lieu of condemnation, lender may at its olection require thet all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoretion of the Property. The net proceeds of the award shell mean tho awurd after payment of ell reasonable costs, expen60s, and attorneys' fees incurred by Trustee or Lender in connection with the condamnatlon, IMPOSmON OF TAXES. FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental1axes, fee& and charges are a part of this Deed of Trust: Cwrent Tax ••• Fe .. and Charge.. Upon request by L,endar, Grantor shall execute such documents in addition to this Deed of Trust and take whatllver other action 18 requested by Ltmder to perfect and continue Lender's lien on the Relal PrClperty. Grantor shall reimburse Lender for all taxes, as described below. tegethet with ell expenses incurred in recording, perfecting or continuing this Deed of Trust. including withClut limitation all taxes. fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxe.. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtadness secured by this Deed of Trust; (2) a specific tax on Borrower which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this typa of Deed of Trust chargaable against the Lendar or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtednass or on payments of principal and interest made by BO(rower. Subs~.nt Tax... If any tax to which this section applies 15 enacted subsequent to the date of this Deed of Trust, this event shalt have the same eHect as an Evant of Default, and Lendor may exercise any or aH of its available remedies for an Event of Default as provided below unlass Grantor either (1) pays the tax before it becomeS delinquent, or (2) contests the tax as provided above in the Taxes "nd Lians section and ck.posits with Lender cash or a sufficient corporate surety bond or other securitY satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The ''''lowing provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security AgrHment. This instru~ent shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform CommercilJl Code 8S IJmended from time to time. Security Intar .. t. Upon request by lender, GrantOl shall take whatever action is nlquested by Lender to perfect Clnd continue lender's security interest in the Rents and Parsonal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach tha Personal Property from the Property. Upon default, Grantor ahall assemble any Peraonal Property not aitixed to the P,operty in a manner and at a place reasonably convenient to Grantor and Lander and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by appliG8ble law. ~ddr....... The maiil':lg addresses of Grantor (debtor) and Lender !secured party) from ..... hich information concerning the security Interest granted by thiS Deed o~ Trust may be obtained (each 88 required by the Uniform Commercial Code\ are as stated on the first page of this Deed of Trust. fU~ER ASSURANCES: ATTORNEY-IN-FACT. The following provisions reiating to further assurances snd attorney·in-fact are 8 part of thIS Deed of Trust: Further Assurances. At any time, and from time to tim(I, upon request of Lender, Grentor will make, execute and deliver, or will l 1111l1\l'i. 'l"~:IHI!,~ ,l1li\' ,~!'rw\I, I+'!It 1~I'liU~ 11111 Receptlon#: 739525 12/18f2007 01 :52 11 p", Je.an Alberieo A of 1 \ R_c I=ee: S'Eo6. 00 t)oe Fe. -,0.00 G.:IRFIELD COUNTY CO Loan No: 0463637201 DEED OF TRUST (Continued) Page 4 cause to be made, executed or delivered, to Lender or to lender's designee, and when requested by lender. cause to be filed, recorded. rafiled, or rerecorded. 88 the case may be. lit such times and in such offices and places 88 lender may deem appropriate. any and all such mortgages, deeds of trust, security deeds. security agreements, financing statements, continuation statements, in8trumants of further assurance, certificates, and other documents 8S may, in the sole opinion of Lender, be necessa,v or desirable in order to effectuate, complltk>. pMfec:t. continue, or preserve 111 Borrower's and Grantor's obligations under the Note, this Deed of Trust, and tM Related Dc:cuments. and (21 the liens and sacurity interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney-in-Fact. If Grantor fails to do any of the things refarred to in the preceding paragraph, Lendar may do so for and in the name of Grantor and at Grantor's expense. For such purpo~s, Grantor hereby irrevocably appoints lender as Grantor's attorney-in-fect for the purpose of malting, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in lender's sol. opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. Upon the full performance of all the obligations under the Note and this Deed of Trust, Trustee may, upon productkln of documents and fees as required under applicable law, release this Deed of Trust, and such releiJse shall constitute a release of the lien for all such additional sums and expenditures made pursuant to this Deed of Trust. lender agrees to cooperate with Grantor in obtaining such rele8se and releasing the other collateral securing the Indebtedness. Any release fees required by law shall be paid by Grantor, if permitted by applicable law. EVENTS OF DEFAULT. Each of the fotlowing, at lender's option, shall constitute an Event of DtIfault under this Deed of Trust: Payment Default. Borrower fl.lils to make any payment when due under the Indebtedness. Other O.1autta. Borrower or Grantor fails to campI.,. with or to perform any other term, obligation, covemmt or condition contaioed in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation. covenant or condition contained in any other agreement between lender and Borrower or Grantor. Comp6anc. Default. Failure to comply with eny other term, obligation, covenant Dr condition contained in this Deed of Trust, the Note or in any of the Related Documents. Default on Other Paymenta. Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Dafauh in Favor of 11aIrd Parti ... Should Borrower or any Grantor default under any loan, extension of credit, security agreement, purchase or ules agreement, or any other agreement, in favQr at any other creditor or person that may materially affect any 0"« Grantor's property or Borrower's or any Grantor', ability to repay the Indebtedness or perform their respective obligations undar this Deed of Tru~t or any of the Related Documents. False Statementt. Any warranty, representation or sUltement made or furnished to Lender by Borrower or Grantor or on Borrower'a or GrantClr'a behalf under this Deed of TNfi.t or the Related Documents is false (lr misleading in any material respect, either now or at the time mac;Se or furnished or becomell false or misleading at any time thereafter. Defectiv. Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lienl at any time and for any reason. Oeattt Of WasolYeney. The dissolution of Grantor's tregardless of whether election to continue is made), any member withdraws from the limited liability company, or any other termination of Borrower's or Grantor's existence as a going business or the death of any member, the insolveflCY of Borrower or Grantor, the appointment of a receiver for any part of Borrower's or Grantor's property, any essignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or inso;vency laws by or against Borrower or Grantor. Creditor or Forfeiture ProcHCllngs. Commencement of foreclosure or forfeiture proceedings, whether by judicial procooding, self-help, repossessK>n or any other method, bV any creditor of Borrower or Grantor or by any govemmental agency against any property securing the Indebteclness. This includes a garnishment of any of Borrower's or Grantor's accounts, including deposit accounts, with lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower or Grantor as to the validity or reesonableness. of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower or Grantor gives lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreemant. Any breach by Borrower or Grantor under the terms of eny other i'greement between Borrower or Grantor and Lander that is not remedied within any Qrace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of 8orr,ower or Grantor to lender, whether existing now or later. Evenb Aff.cting Guarlntor'. Any of the preceding events occurs with respect to any Guaran~or of any of the Indebtedness or eny Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Adver •• Change. A material adverse change occurs in Borrower's or Grantor's financial condition, or lender believes the prospect of payment or performance of the Indebtedness is impaired. InaeclKity. Lender in good faith believes itself insecure. Right to Cure. If any default, other than a dafault in peyment is curable and if Grantor has not been given a notice of a breach of the sama provision of this Deed of Trust within the preceding twelve (12) months, it may be cured if Grantor, after receiving written notice from Lender demanding QUre of such default: t 1) cures the default within twenty (20l days; or 12l if the cure requires more then twenty (20) days, immediately initiates steps which Lender deems in Lander's sale discretion to be sufficient to cure the default and thereafter continues Bnd complates all reasonable and necassary steps sufficient to produce compliance as soon as reasonably practiCilI. RIGHTS AND REMEDIES ON DEFAULT. 11 an Event of Default occurs under this Deed of Trust, at any time thereaftoer, Trustee or Lender may exercise anyone or more of the following rights and remedies: Election of Remeell ... 8ection by lender to pursue eny remedy shall not exclude pursuit of any other remedy, and en election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust, after Grantor's failure to perform, shall not ~ffect Lender's right to declare a def~ult and exercise its remedies. Acoa .... ate IndebtMin.... lender shall hove the right .It its option without notice to Borrower or Grantor to declare the entire Indebtedness immediately due and payable, including any pre~yment penalty which Borrower would be required to pay. For9(;:losur •• lender shall have the right to cause all or any part of the Real Property. and Personal Property, if Lender decides to proceed against it 85 if it were real property, to be sold by the Trustee according to the laws of the State of Colorado as respects foreclosures against real property. The Trustee shell give notice in accordance with the laws of Colorado. The Trustee shall apply the proceeds of the sale in the following order: la) to all costs and expenses of the sale, including but not limited to Trustee's fees, attorneys' fees, and the cost 01 titla evidance; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons l&gelly entitled to the excess. UCC Ram.dies. With respect to all or any pan of tho! Personal Property. lender shall have all the rights and remedies of a .1II1fI.~l~",":IHH,lIWl,IQ,~~,1+!lJ rHI1l"11,'~~'~ IIIII Receptlon~: 739525 12/18'200701 :52-11 PM Jean Alb.rico 5 of 11 Ree ~ee:S56.00 000 Faa:0,00 GARFIELD COUNTY CO Loan No: 0463637201 DEED OF TRUST (Continued) secured party under the Uniform Commercial Code. Page 5 Collect Rents. Lender shall have the right. without notice to Borrower or Grantor to take possession of and manage the Property end collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above lender's costs. against the Indebnldness_ In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender. then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse instruments received in payr"''"t thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the paymants are made, whether Of' not any proper grounds for the demand existed. lender may exercise its rights under this subparagraph either in person. by agent, or through II receiver. Appoint Receiver. Lender shall have the right to have e roceiv.r appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Propenv preceding foreclosure or sale, and to collect the Rents from the Property and 'apply tho proceeds. ove' and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted bV law. l.endar'$ right to the appointment of 8 receiver shall exist whether or not the apparent value of the Property axceeds tne lndebtednaa8 by a substantial amount. Employment by Lender shall not disqualify a person from serving as a recaiver. ~ejver may bt;, Bppointed by a court of competent jurisdiction upon ex parte application and without notice, notice being expressly waived. Tenancy at Sufferance. If Grantor remains in posaeuion of tM Property after the Property is sold 8S provided above or lender otherwise becomes entitled to poss81lsion of the Property upon default of Borrower 0( Grantor, Grantor shell become 8 tenant at sufferance of lender or the purchaser of the Property and shall, at Lender's option, either (1) pey a reasonllble rental for the use of the Property, or (2) vacate the PropertY Immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any othflr right or remedy provided in this Deed of Trust or the Note or available at law Of in equity. Sale of the Prop...ty. In exercising its rights and remedies, Lander shall be free to designate on or before it files a notice of election and demand with_ the Trustee, that the Trustee sell all Of any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bKf at any pubiic sale on all or any ponion of the Property. Upon any sale of the Property, whether m6cle under a power of sale granted in this Deed of Trust or pursuant to judicial procHdlngs, if the holder of the Note is a purchaser at such sale, it shall be ent:rtled to use and apply aU, or any portion of, the Indebtedness for or in settlement or payment of all, or Bny portion of, the purchase price of the Propeny purchased, and, in such cese, this Deed of Trust, the Note, and any documents evidencing exp~lII1diture8 secured by this Deed of Trust shall be presented to the person conducting the sale in order that the amount of Indebtedness so used or applied may be credited thereon as having been paid. Attorneys' Fee.; ExpenMa. If Lander forecloses or institute& any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be antitled to recover such sum liS the court may ,adjudge ressonable as attorneys' fees lit trial Bnd upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable axpenses lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become II part of the Indebtedness payable on demand and ahall bear interest at the Note rate hom the date of the expenditure until repaki. Expenses covered by this paragraph include, without limitation, however subject to any limits under applIcable law, Lender's attorneys' fees whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic 8tay or injunction). appeals, and any anticipeted post-judgment collection services, the cost of searching (ecords, obtaining title reports (including foreclosure reports), surveyors' reports. and appraisal fees, titl1;i insurance. and fees for the Trust&e, to the exten1 permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. Righb of Trust ... To the extent permitted by applicable law. Trustee shall have all of the rights and duties of Lender as set forth in this section. NOTICES. Any notice required to be giVen uncSer this Deod of Trust, including without" limitation any notice of default and any notice of sole shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law). when deposited with a natton811v recognized overnight courier, or, If mailed, when deposited in the United States mail, as first class, certified or registered mail poat!g8 prepaid, directed to the addresses shown near the beginning of thi:s Deed of Trust. All copies of notices of foreclosu.re from the holder of any Jiltn which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this ))&ad of Trust. Any party may change its address for notices under this Deed of Trust by giving formal wrinen notice to the other parties, speCifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor a9r"s to keep Lender infomled at all times of Grantor's current address. Unless otherwise provided or «Io,uired by law, if there is more than one GrBntur, any notice given by lender to any Grantor is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The foilowing miscollBneous provisions are 8 part of this Deed of Trust: Amendments. This Deed of Trust. together with any Related [)()cument5, constitutes the entire understanding and agreement of the parties as to the matters get fonh in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, II cortified statement of net operating income received from the Property during Grantor's previous fiscal yea, in such form and detail as Lender shall require. -Net operating income" shall mean all cash receipts from the Property less aU cash expenditures made in connection with the operation o~ !'he Property" Caption Headlnge. Caption headings in this Deed of Trust are for convenience purposes only and are not to be us&d to interpret or define the provisions of thi" Deed of Trust. Merger. There shall be no merger of the interest or estete craated by this Deed of Trust with any other interest or eSlate in the Property at !lny time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Goveming Law. Thill Deed of Trust wUI be govlNT1ed l\)y fed ..... law applicable to Lender Bnd. to the extent not preempted by federal law, the lawa of the State of Cotorado without regllrd to ita conflicts of law proviaiona. This D.ed of Trust baa been accepted by Lender in the State of Cobado. Choice of Venue. If there is 8 lawsuit, Grantor agrees upon lender's request to submit to the jurisdiction of the courts of Garfield County, Stete of CQk)rado. Joint and Several lJIbHlty. All obligations of Borrower and Grantor under this Deed of Trust shaH be joint and several, and all references to Grantor shall mean each end every Grantor, and all references to Borrower shall mean e8ch and every Borrower. This meens that each Grantor signing below is responsible for"all obligations in this DeEKI of nUS!. Where anyone or more of the panies is a corporation, partnership. limited liability company 0( simliar entity, it is not necessary for Lender to inQuire into the powers of any of the officers, directors, pttrtners. members, or other agents acting or purponing to act on the entity's behalf, and any obligations made or created in reliance upon the professed exercise of such powers shall be guaranteed under this Deed of Trust. No Waiver by Lendtlr. lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing &nd signed by lender. No delay or omission on the part of Lender in exerCising any right shall operate as II 1111 MI\'ln~:IHlUIIIU'T,~UtrL rH! 11t'a'1,~ ~'I1 11111 Reception~: 739525 12/18/200701:52:11 PM Jean ~lberico 6 of 11 Reo Fea:$56.Q" OOQ Fee:aJ.~Q GP.RFtELD COUNT¥ CO Loan No: 0463637201 DEED Of TRUST I Continued) Page 6 waiver of such right or any other right. A waiver by wnder of 8 provision of this Deed of Trust shall not prejudice or constitute 8 waiver of Lender's right otherwi8e to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of desling between lender and Grantor, shall constitute a waiver of any of lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances whete such consent is required end in a\l .':8&&8 such consent may be granted 01 withheld in the sole discretion 01 Lender. Severability. If a coun of competent jurisdiction finds any provision of this Deed of Trust to be illegal. invalkl, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstanCe. If feasible, the offending provision sha!! be considered modified so that it becomes legal, valid and enforceable. If the offending provitJon cannot be so modihed, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shell not affect the legality, validity or enforceability of any other provIsion of this Deed of Trust. Succ ... or. and Aulgn.. Subject to any limitations stated in this Oited of Trust on transfer of Grantor's interest, this Deed of Trust shall be binding upon and inure to the benefit (If the parties, their successors and assigns. If ownership of the Property becomes vested·in a person ather than Grantor, Len~jer, without notice to Grantor, may deal with Grantor'S successors with reference to this Deed of Trust and the Indebtedness; by way of forbearance or axtension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness. nme i8 of the E .. eACe. Time is of the essence in the ,l6rformance of this Deed of Trust. Waive Jury. All parde. to thlf. Deed of Tru.t hereby wlive the right to any jury trlal'n any acdon, proceeding, or counterclaim brought by any party agaln.t any oth., party. Waiver of Horn .. tead Exemp~n. Grantor hereby releases and waives all rights and bonefits of the homestead exemPtion laws of the State of CoIQ(ado as to 811 Indebtedness'secured by this Deed of Trust. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically stated to the contrary. all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terma used in the singular shall include the plural. end the plural shall include the singular, as the context may require. Words and terms not otherwise defined In this Deed of Trust shall have tha meanings attributed to such terms in the Uniform Commercial Code: Ben.flciary. The word -BenefiCiary" means A1pina Bank, A Colorado Banking Corporation, and its successors and assigns. Borrower. The word "Bofrower~ means H LAZY F. l.LC; and PITKIN EXCHANGE HOLDINGS OF ASPEN, LLC and includes air co·signers and co-makers signing the Note and aU ,their successors and assigns. Deed of Trust. The words "Deed of Tru$t-mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation all assignment and 8ecurity interest provisionll relating to the Personal Property and Rents. Default. The word "Default" means the Dafault 68t forth in this Deed of Trust in the section titled "DElfaun". Environmental Law... The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the enVironment, including without limitation the Comprehensive Environmental Response. Compensation. and Uability Act of 1980, as amended, 42 U.S.C. Section 9601, 8t seq. ("CERCtA"), the Superfund Amendments and Reauthorization A(:t of 1986, Pub. L. No. 99·499 ("SARA"). the Hazardous Materials Transportation Act. 49 U.S.C. Section 1801, at seq .• the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other epplicl!lble state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words ~Event of Oefault" mean any of the events of default set fonh in this Deed of Trust in the e .... ents of default section of this Deed of Trust. Grantor. The word -Grantor" means H LAZY F, LLC. Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or aU of the Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or pan of the Note. Hazardous Sublltanc... The words "Hazardous SubstanceS" mean materials that. because of their quantity, concentration or physical, chemical or infectious charecteristics, may Cause Of pose a present or potential hazard to human health or the environment when improperly used. treated. stored, disposed of, generatod, manufactured, transported or otherwise handled. The word!!! "Hazardous Substances" are used in their v'~ry broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances· also includes, without limrtation, petroleum and petroleum by·products or any fraction theraof and asbestos. Improvements. The word "Improvements" means all existing and future Improvemants, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacuments and other construction on the Real Property. Indebt.dn •••. The word "Indebtedness" means all prinCipal. interest, and other amounts. costs and expenses payable under the Note or Related Documl;tnU5, together with all renewals of. extensions of. m(ldifications of. consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by lender to discharga Grantor's obligations or expenses incurred by Trustee or Lender to enforce Grantor's obligations under this OefId of Trust. together with interest on such amounts as pro .... ided in this Deed of Trust. Specifically, without limitation, Indebtedness inclUdes all amounts that may be indirectly secured by the Cross·Coliaterali28tion provision of this Deed of Trust. Lender. The word "Lender" means Alpine Bank, A COlorado BankIng Corporation, its successors and aSSigns. Note. The word "Nots" means the promissory note dated December 17, 2007, in the original prinCipal amount of $9.2~O.~OO.OO from ~rr~wer to lender, together with all renewals of, extensions of, modifications of, refinencings of, consohdatlons of, and substitutions for the promissory note or agreement, The maturity date of the Note is December 17, 2012. Per.onal Property. The words ·Persona] Property" me;)" all equipment, fixtures, and other articles of personal property now or hereafte:-.owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, a~d &ddl~I0!1S ~o, all .replacements of, and all substitutions f.or, any of such property; and together with all proceeds (including Without limitation ali Insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word -Property" means collectively the Real Property and the Personal Property. Real Property. The words NReal ProP6ny" mean the teal propertY. interests and rights, as funher described in this Deed of Trust. Re~.d Oocwnents. The words. "Related. Documents" mean all promissory notes. credit agreements, loan agreements, envlronme~ta\ agreements, gUBranf)eS, securItY agreemnnts, mortgages, deeds of trust. security d86ds. collateral mortgages, and all other Instrument£, agreements and documents, whether now or hereafter exist~ng, executed in connection with the Indebtedness. Rents. The word ~Rents" means all present and future rents, revenues, income, issues. royalties, profits. and othar benefits derived from the Property. 1111 Wi. f~n~:IHlI,!IIIlLI'M,rIll ,rf'II,~t 1IJIo.'\oI'I. ~'illllIl Reeeptlon#: 139525 12/1812007 01:52:11 ~M Je~n ~tbe~ioo 7 of 1t Reo ~e.:SS6 00 000 Fe.:~.00 G~RFIELD COUNTY CO Loan No: 0463637201 DEED OF TRUST (Continued) ,rust ... The word "Truste.e" means the Public Tru5tll!l~1 of GARFIELD County, Colorado. Page 7 GRANTOR ACKNOWLEDGES HAVING READ All THE PR,OVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS. GRANTOR: 'fI", TAMARA M. LIMITED LlAI>'L' STATE OF (...10(" fI.J-(O ISS COUNTY OF P.I~''''' On this !.,.-ti:l-day of b€(..€':r\IS.CtC-. 20~, before me, the undersigned Notary Pubtic, personally appeared RICKY BROADHURST. MANAGER OF H LAZY F. LLC. BY TAMARA M. BROADHURST, HIS ATTORNEY.IN-FACT, and known to me to be a member or designated agent of the limited liability company that executed the Deed of Trust and acknowledged the Deed of Trust to be the tree and voluntary act and deed of the limited liability company, by authority of statute, its articles of orgenization Dr Its operating agreement, for the uses and purposes therein mentioned, and on oath stated that he or she is autho( ed to execute this Dead of trust and in fact executed the Deed of Trust on behalf of the limited liabHity company. a, R"iding at ALe,,,E i3n L. NotarY Public in and for the State of C-(,/.... A~Oo My commission expires \ l ) f. /7 I j u 7 1 LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF u-.to(J'\P) COUNTY OF ? '_7"-,-,i'-::!,--,~",--______ _ ISS I On this I:v¥: day of De: c..o£: ...... 6~-• 20~, before me, the undersigned Notary Public, personally appeared BRISTON W. PETERSON. Manager of H LAZY F. UC. and known to me to be a member or designated egent of the limited liability company that executed the Deed of Trust and acknowledged the Deed of Trust to be the free and voluntary act and deed of the limited liebility company. by authority of statutf~, its articles of organization or its operating agreement. for the uses and purposes therain mentioned, and on oath slated that he Dr she is authDrized to execute this Deed of Trust end in fact executed the Deed ell Trust on behalf of the limited liebility company. ~ By IE NotaryMic in and for the State of G--{>J'C> (' ;t.. ... ~ Roald ... at 4(.. f' ..., e bl r-j(.. My commission expires \\ I ,,/~ ~ I~ LA-5tR PRO Lending, Ver. 5.39.00.008 Copr_ Harlend Financial SolutIons, Inc. 1997, 2007. All Rights Reserved. Co G:\AMY\CFI\LPL\G01.FC TR-33649 PR-78 " 1111 Ml\fl~~,'IHlU~1 ,~,toI:I~,~ ,Wi~III\o'~ ~,~ 11111 Recept!on~: 739525 121 18 1200701 :52 ; 11 PM Jean ~lb. "i c o 8 of 11 Rae Fu : SS6 .00 000 F~ e : O. 00 GARF IELD COUNTY CO EXHIBIT A Thia EXHIBIT A .. MtadMd to MKI by 1tM r.tweno. ...... ~ of th. Deed of Truat. dated OTC Imber 11. zoeJ' ..... ___ In conn .................. _ other ftnMQW • .1IIIIOde1kx:. t.tw ..... ALPINE BANK, A COLORADO aANKINQ oc n F F~'" tot LAZY P. LLC: __ EXCHANOE HOLDINOS OF ASI'EN. u.c. PARCEL A: Parcell: A parcel of land situated In Lots 20. 21. and 30 of· SectIon 1, Township 7 South. Range 89 West of !he Sixth Principal MeridIan. partially _bed by Document No. 276349 .. , IiIec! In the Garfield County. Colorado recorda, said parcel of land Ia mont fully _ as follows: BegInnIng at !he _ comer 01 said Lot 30, whence !he Northeast comer of said Lot 20 bears N 30'40'18' E 1752.90 feet; thence S 02'20'00' W 181.78 feet along !he EaIer1y line of said document . thence West 553.48 feet along !he SouIherty line of said document; tIlance, along !he cent_ 01 a 20 foot road .... ment H 07'33'38' W 139.87 feet tIlance N 12"45'40' W 278.44 feat; tIlance N 41'45'51' E 32.89 feet; thence N 32'sg'()8" E 75.80 faat; thence N 19'05'15" E 43.35 feel to !he _ comer of said document; thence leaving said center1lna S 57'38'25" E 867.40 feet ;JIong the Northeaaletty Una of said document to lila point of beginning. Parcel 2: A parcel of land situated In Government Lots 20 and 21 , Section 1. Township 7 South. Range 89 West of the Sixth PrincIpal Meridian. lying Eaaletty of tile EaaIetty right-of-way of the Glenwood Ditch. Northerly of !he NorIherly boundary of Government LoI31. located In said SectIon. and Westerly and Southerly 01 Document No. 281923 as raoorded In !he Cieri< and RacoIdera Otnce of Garfield County. Colorado. Is mont particularly deacrlbed as follows: Beginning at the No_ comer of said Lal20, an Iron IlOSt with a bill ... cap found In place: thence S 28'04'Or W 1282.88 feet to a point on said Dowment No. 281923 Southerly boundary. the True Point of BegInning; thence leaving said boundary. South 60.00 feet; thence S 44' 15'54' E 148.92 feet; thence S 27'22'05' W 210.84 feet to a point on said Lal31 Northeriy boundary: tIlance S 89'42'59' W 337.38 feet IIiong said boundary; tIlanoe leaving said boui.dary N57'38'25" W 887.40 feel to a point on said Ditch right<>f-way: thenceN 17'41'4r E 170.00 feet along saki rIght-cl-way. thence N 47'52'25' E 139.48 feet IIIong said r1ght-of.way; tIlanoe N 52·16'48' E 189.88 feet along said r1ght-cl-way; tIlanoe N Sr18'Or E 213.85 feel along said rlght-cl-way; tIlance N SS' 22'2r E 45.84 feet along said r1ght-cl-way ID a point of inte<Mdlon with said Document No .261923 botnIary; thence leaving said r1ght<>f.way South 288.72 feet along ,18id boundary; thence S 26'00'00' E 238.93 feet along laid boundary; thence East 266.15 fMt along saki boundary 10 the Truel'oInt of Beginning. EXCEPTING THEREFROM a parcel of land situated In Government Lot 21 of SectIon 1. Townlhlp 7 South. Range 8G Well of !he 8tIl Principal Mertdl8n. lying EaoterIy of the EaaIetty r1ght<>f-way line of !he Glenwood DItch, GarflaId County, Colorado, and being more pattIcuIatty dascttbed .. follows: BegInning at a point on the E.-1y right-of-way line of said Glenwood Ditch whence an Iron poll with a brass cap found In pi_ for lila Northeast comer of Lal20 of said SecUon 1 _ N 55'41'19' E 1161.63 feet; thence leaving said E.aIetty Une on a c:ourae -..g South for 220.37 feet; thence Weat 317.97 feel 10 a point on !he EaaIetty right.gj.-way line of said Glenwood D~ch; thence along said EaaIetty r1ght-cl-way line on the following cour.;es: N 52'16'48" E 158.09; thence N Sr18'07' E 213.85 feet thence N 58'2'27" E 15.31 feel 10 the point of beginning. PAGE 1 OF 4 1111 M>\ ~l~"':IHlI ,~,~,HlI ,1IrlJ, ~C HI:~Ij.~,~ 11111 RQceptlon~ : 739525 12 /1912007 0 1:52 :11 PM J .~ n ~l be ri co 9 of ~ 1 Ilee Fee ,S56 00 Ooc Fee , 0 .0" G~RF IELO COUNTY CO loan No: 0483&37201 Pan:el3: EXHIBIT A (Continued) Page 2 A parcel of land sltu8led in Gove_ Lot 38, Town.hl" 7 South, Range 89 West 01 the SbcIh Principal MarIdIan,¥no ea-Iy of the Westar1y line of said Lot 38, WeaIa<1y of the W.-ny line of the Glenwood DIIth, Norther1y of the Southerly line of aald Lot 38, and SouIh\, '1» of the ~ rIght:()l-way line 01 the Denver and RIo Grande Western RaUroad, being mora particularty _ a. follows: Comrnenc:lng at the True poeItlon of the Northwest comer of said Lot 38, whence the wItnass corner for said Northwest comer, being a brass cap found In piece and marked L.S. 10732, bears N 01"14'00" E 10.00 leeI; thence along the W8IIerIy line of aaIcI Lot 38 5 01"14'00" W 148.74 _to the True Point 01 Beginning; thenoa leaving said WeoIwIy Una -.g the SouIhoo., tct1y righI:()f-way line of said raUrood, -.g the arc 01 a curve to the right, Mvlng a radius of 1810.08 feel and. _I angle of 02"28'25" a dlalllnce 01 78.15 feat (chord bears S 27"20'57" E 78.14 feel), to a point on the Westar1y righI:()f_11ne of S8Id Glenwood DItch; thenoa leaving said SouItrW •• 1oo1y Mght:Of-way line along aald Westorty Mghl:()l-wey Ina 5 03"15'00" W 198.79 feel to a point on the Sou1herty line of aaIcI Lot 38; thenoa _g aaIcI WeaIa<1y rIght:Of .... y line along said Southerty line N 87"06'00" W 30.40 _ to 8 point On the WeaIa<1y line of ... d Lot 38; thence leaving said Southerly Une along said WeoIorty Iloo N 01 "14'OO"E 266.40 feet to the True Point of BegInning. EXCEPTING the<efTom thai portion oonvayed to Walter Ar1I\ur Stowe and Dolores Stowe. by Deed _ed March 24, 1982 in Book 595 at Page 472. Parcel 4: A parcel of land situated In Government lots 9 and 18, Section 1, Township 7 South, Range 89 Weat of the SbcIh Principal Martdlan, lying ~ of the ~ righI-of-wey line of old State Highway No. 82, SoutI-r.erty of the SouIt-a.rty right:Of_11ne of the Denver and Rio Granda Western Railroad and Weatarly of the Euterty line of aaIcI Lot 18, being more particularty doocI1bed as follows: Commencing at the True POIItIon of the Nortneast comer of said Lot 18 (alao being the ~ comer of Govamment Lot 36), whence the wttne.a comer lor said ~ comer being a brass cap fcund In place and martced L.S. 10732 bears N 01"14'00" E 10.00 faat; . thence along the Eestar1y line of said Lot 18 S 01"14'00" W 148.74 feet. to a point on the SouthwestBrIy rlght:()l-wey Une of said railroad, the True Point of Beginning; thence continuing along the Eaatwly line of said Lot 18 S 01"14'00" W 105.32 feet; thence leaving saldea-ly line along the arc of a curve Io'lha left, having a radius of 1780.08 _ and a oen1r8l angle of 11'24'58" a dlslanceof 350.70 _ (chord be8I8 N 31"19'05" W 350.12 feel) to a point on tho SoutI-r.erty ~ghl:()f_y Une of said Highway; thence along said Highway right-of-way S 53"23'00" E 155.63 feel to a point on said SouthwestBrIy Mght:Of-wey Une of said railroad; thence along said raUroad Mght:()f_ along the arc of a curve to the Mght, having a radius of 1810.08 feel and a oentraI angIa of 03"42'29" a distance of 117.14 feat (chord boars S 30"26'24" E 117.12 _) to the True point of Beginning. Parcel S: A parcel of land situated in Government Lots 20 and 21, Section 1. Township 7 South, Range 89 West of the Sbdh Prtnclpal Martdlan, being fnOI1I par1IcuIarty doocI1bed .. follows: Commencing at the Northeast comer of said Lot 20. an IO:lll poet and brass cap lound In place and property m8lt<ad; thence, S 59"80'26" W 979.01 feat to the SouthMst comer of Document No. 266220 as racotded In the GarfIeld County Clerk and Recorda(. OIIIoe, the True Point of BegInnIng; thenoeN 88"28'01" E 11.78 feel to a point on the W_rty right:()f.way line of the Glenwood DItct>; thence along said WeUrIy r1ght..of_ Una S 12"08'48" W 51.33 feet; thence aIongaalcl ~ righI:()f-wey lineS S7"51'52"W 117.45 feat thence iaavIng I8id W.-ty Mght..of .... y Una N 01'49'59" W 14.82 feat 10 a point on the Eaaterty ~na 01 a 20.00 foot roadway; thenca.along saJd E~ line N 07·49'59" W 56.17 feat; thence along said ~ Una N 11·08'36" W 39.59 ,..10 the Southwoat Comer of said Document No. 266220; thenoa along the South Una of aa1d Document No. 2e622C1 N 66"26'01"E 115.85 ieetto the True Point of BagInnIng. Parcel 8: A 8I1Ip "'''-50.lI0 ....... _led in Gov""""", ~ Lot 20 of Section 1, Township 7 South. Range 89 Wast of the Sixth PMndpai 'I I ' " , ... particularly described as follows: c:ornrn--.. .... II. I comer of saJd Lot 20 a brass cap in place and properly martced; tItanca 5 ee'2I''''·W ,.... feet to a point on the Southerly tIg1t:()f-wey line of the GI8nwood DIII:It, ... True PIiIIt of Beginning; thence S 58"22'Z7" W 47.59 feet to the Northwest comer of Document No. 290582; thenoa S 58"22'27" W along the Southerty rlght:()l .... y Una of Glenwood O"ch and the Northerly line 01 Document No. 290562 18.44 feet; tItanca N 09"09'19" E 48.91 feet to a point on the Souther1y line of Document No. 312201 : thenoa N 57"51'52" E along said SouIhorty Una 66.65_; thence S 09'09'19" W 47.69 _ to the True Point of Beginning. -~--=~---- 1111 ~,·.'m~,HlLlltf,I'W!~IItI!,lrxIt\\'IWII'l"~'~ 11111 Reception=: 739525 12118 /200701 :52 : 11 PM J.~l"I Qlb.r ico 10 01 11 Rae: Fee "$56 .CO Doc 1=" .... : 13 .00 GARF I ELD COUNTY CO Lo.., No: 0463637201 PARCEL B: Parcel 1: EXHIBIT A (Continued) A parcel of land situated In Lot 20. SectIon 1. Township 7 South. Range 89 West of the Sixth PrincIpal MerIdIan. lying North_tany of that certain pan:al of land containing 5.04 acre •. more or less. and Southerty of the Southet1y line of Glenwood OItch. said parcel of land Is desclibed as folloWs: Page 3 Beginning at a point on the Northwesterly line of said 5.04 acre parcel whence the Northeast comer of said Lot 20 bears N 53"13'58" E 1166.49 feet: thence _ 58.n _ to a point on the Soulheriy II .... of said ditch; thence N 58"22'27" E 89.26 feet along the Southerly line 01 said ditch; _ N 35"42'39" E 81.22 feet along the Southerly Nne of said dKch; _ N 78"11'00" E 57.28 feet thence S 173'00" W 34.54 feet: thence. S 35"42'39" W 81.81 feet thence S 58"22'27" W 128.87 feet to the point of beginning. Parcal2: A stJ1p 01 land b<Mng SO feet in width situated In Lot 20. Section 1, Township 7 South. Range 89 West 01 the Sixth Principal MerIdian, lying Eaatariy of the Eaatariy right-of-way line of the Glenwood DItdl and Southerty." the Northerly line oIud Lot 20. said pan:el of land Is deactibed aslQloWs: Beginnlng a1 • point on the Northeriy line of said Lot 20 whence an Iron poal wtth • br88II cap found in pIaca and property marked for tell Northeast comer of said Lot 20 being the same as the Southeeal corner of Lot 38 In said SectIon 20 beans S 87"08'00" E 841.28 feet; thence S 02"32'00" E 70.18 feet: thence S 17"00'00" E n .88 feet; thence S 18"38'00" E 80.13 feet, thence S 18"31 '00" E 59.87 feet, thence S 04"'1'00" E 104.30 feet thence S 15"10'00" E 82.01 feet, thence S 00"17'00" E 82.07 feet, thence S 07"58'00" W 58.35 feet; thence S 17"23'00" W 15.27 feet thence S 78"11 '00" W 57.28 _; thence N 17"23'00" E 39.08 feet, thence N 07"58'00" E SO.83 feet, thence N 00"17'00" W 51 .95 feet; thence N 15"10'OO"W 80.07 feet: thence N 04"'1'OO"W 102.82 feet thence N 18"31'OO"W 53.75 feet, thence N 18"38'00" W 80.79 feet, thence N 17"00'00" W 79.94 feet; thence N 02"32'00" W 61 .26 feet to a point on the Northerly line of said Lot 20; thence S 87"08'00" E along the Northeriy i ne of said Lot 20 SO.23 feet, more or less, to the point of beginning. Parcel 3: A IIIrtp of land SO _ In width situated In Lot 36, Section 1 , Township 7 South. Range 89 West 01 the SIxth PrIncipal MerIdIan. being 25 feet on each sIda of the following described centerline: 1III WI. 'lr.M,lItI~ ,lItItr-l~~l*iI' ,1.~~t+l(IIw.I~I~~'iI 11111 Rec.ption~ : 739525 12 " 912007 01 :S2 : " PM Ju n Rlb. rice " o! 11 Ree Fee · S56 .00 Doc Fe. :O.OO GARFIELD COUNTY CO loan No: 0463637201 EXHIBIT A ( Continued) Poge 4 Beginning al a point ........... Southeast comer of said Lot 36 bears S 87'06'00" E 866.38 feet . thence along saki __ N 03'15'00" E 2114.00 feel more or lass, 10 a point on the Southerly right-of ~ line cI old State Highway No. 82. Parcal4: An easemenl for roadway. utility and drainage purposes <NfK and aerosa the following described parcel of land, to-wIt A parcel of land situated in Gov8rMlen1 Lot 38, SectIon 1, Township 7 South, Range 89 Weal 01 the 6th Principal MeridIan, lying Sou~ of the SouthwesIe<Iy righl-of.way line of the Denver 8nd RIo Grande W_ raUtoed and W~ of the Weaterty Une of 'Parcel D" (a. described In Documenl Number 261923 as ftled In the GarfIeld County Clerk and ReoorcIer'. ofIIc:e), being more partlcularty described ea foIows: Commencing at the N~ comer of said lot 36 whence the wiIneslI comer for said Northwest comer, being a tnso cap found In place and marked l .S. 10732, bears N 01'14'00" E 10.00 feel; thence S 08'36'54' E 218.58 _ to a poInl in the SouthWesterly right-of·way Une of said Denver and RIo Grande WeoIem railroad, the True PoInI of BegInning; thence along said SouthwesIe<Iy rlghl-of.way line, along the arc of a curve to the right. having a radius of 1610.08 _ and. centraiangle of 01'39'24" a dialanee of 52.34 feel (chord bears S 25'17'02" E 52.34 feel) to a poInlon the Westerty Une of said "Parcel D"; thence leaving said right-of-way ina along said Weslerly line S 03'15'00" W 113.75 feet thence leaving saki Wester1y line, along the arc of a curva to the left, having a radius of 1780.08 _ and a centrala. of 01'53'57" a distance of 58.34 feel (chord bears N 22' 07'31" W 58.34 feet) to a point on the WeoIarIy right-of-way line of said Glenwood Ditch; . Ihence along saki Westerly rlghl-of-way line N 03'15'00" W 107.02 feel to the True Point of BegInning. P8lC815: An ea-..anl and right-of-way for access and utility purposes OVet and ac:rooa the foUawIng deocrIbed J*'CIII 01 land to-wIt: A parcel of land situated in Governmenl Lol 20, SectIon 1, Township 7 South, Range 89 West of the SIxth Principal Meridian, mono particularly described as follows: BegInning al the Nor1hea8I corner of Government lot 20, a bra .. cap monument In place; 1henoe S 55' 10'51· W 925.81 feet to the True Poinl of BegInning; Ihence S 70' 11 '20" W 6.33 _; thence S 78'11'00' W 57.28 feel; thence 70'11'20· E 8.33 feel; thence N 78°11'00" E 57.28 feet to the True Point of. BegInning. THlS EXH&8IT A IS EXecUTED ON DECEMBER 17. 2007. GRANTOR: H LAZY F. LLC BBYRO~BTT~OA~NE~Y ...~. ~i~~rrL M. FACT By, BRIS ~ "" of H LAZY F, lie '--_ ............ -.-c_. _ __.." ___ -:, ... -:-_T. ;.. ... ~ . . <;<1 . ,WOO'DPolA_JOC"--_Ji" IIII w. ~:fII~'i,\r\',~ll'i! i'Il~,~"il:lftI'~iIi!I,I,1\ ~11' IIIII Reception~: 803036 05/24/2011 02:21:53 PM Jean Alberioo 1 of 2 Ree Fee:$16.00 Doc Fee:0.00 GRRFIELD COUNTY CO STATEMENT OF AUTHORITY Pursuant to C.R.S. §38-30-I72, the undersigned executes this Statement of Authority on behalf of Illl/~i;::: lvi/tV I t{,~ a Cv Ll') L,A1\IUII {,wi','!': (corporation, limited liability company, general partnership, registered limited liability partnership, registered limited liability limited partnership, limited partnership association, government agency, trust or other), an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: The name of the Entity is and is formed under the laws of i~ /,4-~-' '; F ,(.!I,Ji :.;730 .. '1(., Ie LL, (0 '-0 r> -'" !) (, The mailing address for the Entity is S">i? C()UIJ7':" (2./) Is J c;iZ' h,j C, L?·,.) \..J O(';j) S·ffLt .... X:. ., c; (t) A'I {(I r The execute affecting name and/or position of instruments conveying, ti tIe to real property /7.. c--\ '~T?,'...j the person encumbering, on behalf of ;>/rtt'r.:0 (::{'~~ , authorized to or otherwise the Entity is The limitations upon the authority of above or holding the position described above the person named to bind the Entity are as follows: 11K i.J (-" (if no lLttitations, insert \~None") Other matters concerning the manner in which the Entity deals with any interest in real property are: (if no other matter, EXECUTED this 7 day of __ ..:(_"_1...:,...:/..:-1.",('-,0-,",-' ---ff STATE OF Go /c) rJo COUNTY OF (YtlF, 'ICI d Signature: Narne(typed or printed; Title (if any) : )SS. ) STATEMENT OF AUTHORITY (C.R.S. §38-30-J72) CONfORMED COpy 1. This Statement of Authority relates to an entity named H Lazy F Mini Storage, LLC. 2. The type of entity is a .limited liability company. 3. The entity is fonned under the laws of the State of Colorado. 4. The mailing address for the entity is P.O. Box 185, Carbondale, Colorado 81623. 5. The names and positions of each person authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity are as follows: Rick Broadhurst, Manager 6. The authority of the foregoing persons to bind the entity is not limited. 7. This Statement of Authority is executed on behalf of the entity pursuant to the provisions ofCR-S. §38-30-172. Executed this 7'" day of June, 2011. STATE OF COLORADO ) 55. COUNTY OF GARFIELD) " H LAZY F MINI STORAGE, LLC, a Colorado limited liability company The above· and foregOing instrument was acknowledged before me tbis 7th day of June, 2011, by Rick Broadhurst as Manager of H Lazy F Mini Storage, LLC, a Colorado limited liability company" Witness my hand and seal. My commission expires·; BRITI J. JE NOTARY PUBlIC STATE OF COLORADO CemmiIIIOt i EJiDIIeS 0710 11201l" IIII ~'. ~~II~il\~~I',~!'!I1 1~~"'tl~~Mt..I~a ~"lllill Receplion~: 803036 05/24/2011 02:21 :53 PM Jean Alberico 2 of 2 Ree Fee:$16.00 Doc Fee:0.00 GARFIELD COUNTY CO Molly Orkild-Larson Garfield County Building & Planning 0375 County Road 352, Building No. 2060 Rifle, CO 81650 RE: LETTER OF AUTHORIZATION, LlPA 6757 Proposed Commercial Mobile Radio Service installation at H Lazy F Mini Storage, 5445 County Road 154, Glenwood Springs, CO 81601 AT&T Site COU4141 Cattle Creek Dear Ms. Orkild-Larson: I am authorized to sign legal documents on behalf of H Lazy F Mini Storage, LLC, which owns property at 5445 County Road 154, Glenwood Springs, CO 81601. Please accept this letter as authorization for Quinn Kayser-Cochran -2020 W. Crystal Peak, Highlands Ranch, CO 80129, (720) 320-1010 -representing AT&T Mobility to apply to the Garfield county for any and all zoning and building permits or county approvals necessary for the construction and operation of the CMRS installation at the address referenced above. If you have any further questions or require any additional information, please contact me at 970-948-0876. t9~ ~ft1~>V' J/L f It/i/f ~ 't::: Broadhurst, Manager HLF Mini Storage LLC. 5317 County road 154 Glenwood Springs, Co. 81601