Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1.0 Application.pdf
RECEIVED GARFIELD COUNTY · Building & Planning Department 108 81h Street, Su ite 401 ......,._~..:::.. Glenwood Springs , Colorado 81601 Telephone : 970 .945.8212 Fa csim ile : 970 .3 84.3470 www.garfield-county.com SEP 1 1 ZOOB GAr-1-!l _ -·.1 v v • :~TY BU ILDIN G & PLANN ING Floodplain Development Permit GENERAL INFORMATION ~ General Location of the Property.:@ oF LO loroJ h R.1 VU--) ®of :f;,~ o+-Sdf w of 9051ASOh Cr-oSSl8-§ l>u.P~ evvex ~-~) (f) D~ WCth,( ~ ~ Existing Use & Size of Property in acres: RV '1vk. 2.7 .40~ tlcn~~ '"P~ ~ Description of Proposed Project: 'II&> fS. V s pa Ce 5 (20 ne vv / 5i e.. x. I s '" n OY\ 2. -=f . q <o B 0 c. re s ~Zone District(s): ~ri'cu ... J+u..vu..J / ..£V\.du.Sf r ,· cc i LA/I) ' ~ Name of Owner of the Property: S 1 rvtt}n C<AS05 .J (;e_nocevo. Lop; ~Address : 11 '0 Eucl•'ci Telephone : cEto -<-fot.{ -z Y.2.t.i ~ City : (}u=b:Jnd a.lg State: CfJ Zip Code: '8/f..a2._-3 FAX: ___ _ ~ Name of Owner's Representative , if any (Attorney, Planner. etc): $ma 6 . A lwX.. AluJse. Pb=~~ c__ ~ Addres s: I l34 Sfa.M~ f::eer 't)t . Telep ~= T=a/: ~ City: 5 1 I+ State: (.J) Zip Code : "8 l&52FAX : ("1 ·1o '61i - STAFF USE ONLY ~ Doc. No.: ft p' rocY~ Date Submitted\!-\ \70 K TC Date : ----- ~ Planner: _________ Hearing Date : _________ , ) HERONS NEST RECREATIONAL PARK FLOODPLAIN DEVELOPMEN-- PERMIT APPLICATION (TO ALLOW FOR RV PARK EXPANSION) SIMON CASAS & GENOBEVA LOPEZ 118 EUCLID AVENUE CARBONDALE, CO 81623 SUBMITTED BY ALUISE PLANNING CONSULTANTS 1179 STANDING DEER DRIVE, SILT, CO 81652 (970) 987·1176 CELL (970) 876-0356 FAX a) have the lowest floor (including basem e nt) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community's FIRM (at least two feet if no depth number is specified), or; b) together with attendant utility and sanitary facilities be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. 3. A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of th is Section , as proposed in 6.08 .02 (1) a ., are satisfied. 4. Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. I have read the statements above and have provided the required attached information which is correct and accurate to the best of my knowledge. ~~di &c<U GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be s11b111it1ed with application) GARFIELD COUNTY (hereinafter COUNTY) a nd __ 5-'1_r'Yl--'-O_n-'---_Llt=--'-'""""'S"-C\___,S=---------- (hereinafter APPLICANT) agree as fo ll ows: 1. APPLICANT h ~sl.l.8mitted to COUNTY an app lication for Herons tJe.st R V '&:Jr~ I?loal ~l o..1~ NWLloMrirrf (11eryinafter, THE PROJECT). ~f5.U-Wlt-t- 2. APPLICANT und e rsta nd s and agrees that Garfi e ld County Resolution No . 98-09, as amended, es tab li shes a fee sc h edu le for each type of subdivis ion o r land u se review app li cations, and the guide lin es for the administratio n of the fee strncture. 3. APPLICANT and COUNTY agree that because of the size, n ature o r scope of the proposed project, it is not possible at this tim e to ascerta in the full extent of the costs involved in processing the applic a ti o n. APPLICANT agrees to make payment of the Base Fee, establi sh ed for the PROJ ECT, a nd to thereafter permit additional costs to be billed to APPLICANT. A PPLI CANT agrees to make add iti ona l payments upon n otifi ca ti on by the COUNTY w he n they a re necessaiy as costs are inct11Ted. 4. The Base Fee shall b e in addition to a nd exclu sive of a ny cost fo r publication or cost of co ns ulting ser vice determined necessary by the Board of Co unty Conunissioners fo r the co nsideration of an app li cati on or additional COUNTY s taff time or expense no t covered by the Base Fee. If actua l recorded costs exceed the initi a l Bast:: Ft::t::, A PPLICANT s h a ll pay add itiona l billings to COUNTY to reimburse th e COUNTY for the processin g of the PROJECT mentioned above. APPLICANT acknowledges that all billing s hall be paid prior to the final considera tion by the COUNTY of any land use permit, zoning a mendment, or subdivision plan. APPLICANT ~at ure Date: :Sep-teMbe.r JO p zooB s ,·m o n Co.Sots Print Name 10/2004 Page 4 Heron's Nest RV Park 32958 River Frontage Road, Silt, Colorado 81652 (970) 963-2777 September 10 , 2008 Garfield County Building and Planning Department 108 81h Street, Suite 401 Glenwood Springs, CO 81601 To Whom It May Concern: I, Simon Casas, do consent to Janet G. Aluise presenting my application for Floodplain Development Permit for the Herons Nest Recreational Vehicle Park, for review by the Garfield County Planning staff, or others as required . Ms. Aluise has the full authority to present all applications and to make presentations as needed. Should any questions arise, please do not hesitate to call Ms. Aluise at (970) 987-11 76 or (970) 876-0356 . Thank you in advance for your consideration. Sincerely, ~/1¢/~ t~~J ~~on Casas Owner, Herons Nest RV Park 118 Euclid A venue Carbondale, CO 81623 (970) 963-2777 home ABLEO ) CONTENTS TABLE OF CONTENTS TAB 1 NARRATIVE OF REQUEST CONFORMANCE WITH FLOODPLAIN CODE TAB 2 FLOOD PLAIN MAP SITE PLAN MAP TAB 3 VICINITY MAP TAB 4 WARRANTY DEED LEGAL DESCRIPTION TAB 5 LETTER OF CONSENT !NARRATIVE OF REQUES~ !CONFORMANCE WITH I FLOODPlAIN CODE Aluis e Planning Consultants September 10, 2008 Garfield County Building and Planning Departm ent Attn : Mr. Craig Richardson, Senior Planner 108 8th Street, Suite 401 Glenwood Springs, CO 81601 Dear Mr. Richardson : Plea se let this correspondence serve as a letter of intent for the Heron s Nest RV Park Floodplain Development Permit. The Applicants, Simon Ca sas and Genobeva Lopez , request that Garfield County review this application in conjunction with the Herons Nest RV Park Amended SUP Application , submitted on September 11, 2008. The Heron s Nest RV Park lies within the 100- year floodplain, as determined by Panel 1091 of 1125 of the Flood In surance Rate Map, iss ued by the Federal Emergency Management Agency on May 31, 2005 , a copy of which is included in this application. Currently on the property and within the Herons Ne st RV Park, there is an exi sting six hundred (600) square foot office building w ith a laundry facil ity and san it ary facilities . Th is building wa s built in approximately 1979. The Applicants plan to build no other permanent build ings du r ing the p roposed expan sion of the RV Park, except for a very small (120 square foot) storage shed . The Herons Ne st RV Park Amended Special Use Permit Application simply requests to legalize the existing fifty-si x (56) RV Park spaces and add an additional twenty (20) RV Park spaces. Please do not he sitate to contact me, should you have any questions. Thank you i n advance for your cooperation . Sincerely, Janet G. Aluise Aluise Planning Consultants, LLC Cc: Simon Casas ; file 18 18 Med icin e Bow Ct. ,,z • 1179 Sta ndin g De er Dr. •Silt, CO 8 1652 PHONE: 970.876.0356 • C ELL: 970.987 .11 76 • FAX : 970.876.55 18 janct@a luisep lanning .com • www.alu isepla nning .co m September 10, 2008 Garfield County Building and Planning Department Attn: Mr. Craig Richardson, Senior Planner 108 81h Street, Suite 401 Glenwood Springs, CO 81601 Dear Mr. Richardson: Please let this correspondence serve as a letter of intent for the Herons Nest RV Park Floodplain Development Permit. The Applicants, Simon Casas and Genobeva Lopez, request that Garfield County review this application in conjunction with the Herons Nest RV Park Amended SUP Application, submitted on September 11, 2008. The Herons Nest RV Park lies within the 100- year floodplain, as determined by Panel 1091of1125 of the Flood Insurance Rate Map, issued by the Federal Emergency Management Agency on May 31, 2005, a copy of which is included in this application. Currently on the property and within the Herons Nest RV Park, there is an existing six hundred (600) square foot office building with a laundry facility and sanitary facilities. This building was built in approximately 1979. The Applicants plan to build no other permanent buildings during the proposed expansion of the RV Park, except for a very small (120 square foot) storage shed. The Herons Nest RV Park Amended Special Use Permit Application simply requests to legalize the existing fifty-six (56) RV Park spaces and add an additional twenty (20) RV Park spaces. Please do not hesitate to contact me, should you have any questions. Thank you in advance for your cooperation. Sincerely, Janet G. Aluise Aluise Planning Consultants, LLC Cc: Simon Casas; file 1818 Medicine Bow Ct. #2 • 1179 Standing Deer D<. • Silt, CO 81652 PHONE: 970.876.0356 • CELL' 970.987 .1176 • FAJC 970.876.5518 janet@aluiseplanning.com • www.aluiseplanning.com CONFORMANCE WITH FLOODPLAIN CODE Section 6.09.02(5) states the following: Recreational Vehicles -Require that recreational vehicles placed on sites within Zones Al-30, AH and AE on the community's FIRM either: (a) Be on the site for fewer than 180 consecutive days; (Applicant Response: Garfield County RV Park code is already more restrictive, with a stay of no longer than 120 days within a calendar year.) (b) Be fully licensed and ready for highway use; or (Applicant Response: Applicants will ensure that each RV is fully licensed and ready for highway use.) ( c) Meet the permit requirements of Article 4, Section C (I), and the elevation and anchoring requirements for "manufactured homes" in paragraph (4) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. (Applicant Response: No anchoring is required, as each and every RV within the park is ready for highway use.) I !FLOODPLAIN MA ~ .............. •••••••••••• > • . . . . . . . . . ..... (!Q] () x:x ()- 0 • co_, D © ® ® 0 0 * 181 CD f!!j Oc.o. D " ' " . .. ' 0"'--~e--OHP- " LEGEND """"""' """ """"""' """ FIRE EXTINGUISHER CABINET STREET SIGN UGHT POI.£ GUY 'fl!RE PROPERTY CORNER ""' POWER POLE TaEPHOH!'. PEDESTAL YARD HYDRANT SE'AER MANHC:U ELECTRICAL BREAKER RV SE-.m ACCE:SS RV lELEPHONE AcctSS RV EL£CTRIC ACC£SS RV WATER ACC£SS SEWER INSPECTION PORT SEWER E.ECTOR PUMP SEWER Cl.EANOUT ?'x12' CONCR£TE Sl.A8 WAlER VALVE NEW SE'll£R LINE: SDR35 "' """ "" NEW WA'IEll LK: _!Cl. ~"PYC EX. WATER UN£ NEW ruCTRIC LINE EX. OVERHEAD n.ECTRIC LINE £X. UNOERGl!CllHl El.£ClRIC UNE Fnd Yollo~ Plo•Uo Co LS.I 13501 Fnd Y•llo .. PIOotio Cop,Wdf5Blt SKnn Poen 70 LOT a ... ,. "' 27 .408 llC?'e -C.W•-Ull'll ~c:i"" --~-.. , ' . ' 1'(1 f'r I I~~/-/./ .... ,. .... ../._,.[ I;'/ J ::; t'liim~~~Jti; ---\ 1 ! f"'irrf:r~ "'"""'"if.-~. ,, .. --[]j ~;~;;;~~~:£~~3::~~:::!::::, ,/ 0 9£'.US AMENOEO EXOIP1lOH Pl.AT - COLORADO RIVER ICINllY MA .. ~ N <§) --..... -I- ~ <§> Am e nded '• u .. J1.1Jhu r .. ttlption <§) U.S. a A."D 24 ,. ~ i. ~~ • ~ "" '!> ~ ~ ~ ~4 ~ +. .-" ~-"' r • ~. a AdJoin in& 2111 @> (§) l "'" ._ ........ ~·· ' ,,,_o / ,,,y / f <§ u ~ •-lf•-1) AH D RIO <§]> ~ .. ' WAS'I'E ~BA.TM.ENT FACLUTY 0 ) ARRANTY DEED DEED OF TRus· . LEGAL DESCRIPTION WARRANTY DEED fl1!IS DEED, made this 30th day of March, 2007, between ffong Ok Niell!Q!l and Cory B. Nielson ' t fhose tegaJ ad<hoss is: 3843 Cc>11.llty Ro•d 241, New Castle, CO 81647 ~f the said Counly of Garfield and State of Colorado, herein collectively referred to as grantor, and $imon Casas Md~L-op~ as to an undivided 30' interest f.nd GenolJeva Lopct.z as to an undivided 70111 inte.rest ' . ~ose legal addnoss is: 118 Euclid, Carbondale CO 81623 RecFee$16.00 DocFee$279.90 9fthe said County of Garfield and State of Colorado, heroin collectively referred to as grantee: )vrrNEss, that the grantor, for and in COIJSideration of the sum of ( SlV.00 ) Tea dollvs and Zero cents. the receipt fnd sufficiency ofwl*l! is heroby acknowledged, has granted, bargained, sold and conveyed, and by these piesents does ~~ bargain, sett convey and confirm, tnlto the granl<es, their heira and assigns forever, all the real property, together 'fivith improvemeutsi if any, situate, lying and bcillg ill the County of Gar.field and Sbl.te of Colorado described as follows: $ee "Exlubit A" attached hereto i!tso known by street and nwnber as: 032958 Rlver Frontage Road, Silt, CO 81652 ~ apd reserying.. ho'Wever. unto the grantor. their successors. heirs and assigns. all of grantor's riehts to ~and us Mng In. under. or which may be prodnced from the_ Property. 'fOGETJIER with all and aingular the beredilamcnts and appurtenances thereto belonging, or in anywise appertaining. 'i,l>d the t...m<Jll and rcvemoll8, remainder and remainders, rcnlB, iSBUes and profilB thereof, and all the e81Bte. rigb~ title, ijiterest, claim llll<I demand whatsoever of the grantor, either in law or equity, ot in and to the above bargained premises, fith th• hcreditaments and appurtenanocs. . 'fO HA VE AND TO HOLD the sald premises above bargained and descnDed, with the appurtenanoes, unto the grantee, ljis heirs and assigns forever. And the grantor, fur himaeIJ; bis heirs, and peraonaJ representatives, doe< oovenan~ grant, ~gain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presen!B, he is well •eiud of the premises above conveyed, bas good, sure, perfec~ absolute and indefeasible eatate of ijiheritanoe, in law, in fee simple, and bas good righ~ full pow..-and lawful au1hority to gran~ bargain, sell and convey tj;ie same: in manner and farm as aforesaid, and that the same arc free and clear from all fonner and other grants, bargaiDs, '' es, liens, taxes, asscssmcnts, encumbrances and restrictions of whatever kind or nature soever, e.xceoting the · · · itB es e · s all qrmntar'srights to oil and gas lying in. tmder. or which may be moducod from the Property. 11he grantor sbaJl and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and tleaceab1e possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the Whole or any part thereof. The singular number shall inclndc the plural, the plural the singular, and the use of any gender oihall be applicable to all genders. 1NWUNESS $TATE OF Colorado ) SS. COUNTY OF Garfield ) the foregoing instrument waa acknowledged before me this 30th day of March, 2007, by Jong Ok Nielson and Cory B. Nielson, as grantor. *-y commission expires: September 6, 2010. Please Return to: $imon caw & Genobeva Lopez il8 Euclid ~arbondale, CO 81623 Sicwwt Titl~ nl'Colortdo. GlenlYtlOd Sprinp Divlrion F1H Nwabm 2006i'l40 zlio. 9'llA . Wumity Coed (For Pholop'lphic: Record) EXBIBlTA LEGAL DESCRIPTION ~parcel of hmd situated in Section 9, Township 6 South, Range 92 West of lhe 6th P.M., being more particularly ~crfbed a& follows: If.eginning at a point on the southerly right of \'Vay of Interstate Highwii.y No. 70 whence 1h,e Northeast Comer of said ~tion 9 beani North l8'38'26' East 1214.13 feet; Ce South OJ 0 55'40" West 213.15 feet; ce North 82°53'59" East 66.0 I feet; tljence South 03°13'44" West 228.61 feet; tbence South 88'26'02' East 359.58 feet; ~ence South00'24'38' East 366.44 feet; tllencc North 88°26'02" West 506. l 7feet; thcoce Soulh 06'2730" West 412.00 feet Io the center of the Colorado River, tllence along said oeaterline North 88'26'02" West 147.89 feet, tJkce North 83°00'45" West 613.74 feet; ' be North 88"29'59' West 168.58 feet; tlfcoce ®parting said centerline North 11°43'30" West 480.75 feet; tljence North 32°35'13' East 126.08 feet; tljence South 64'45'00" East 212.38 feet; th,ence North 00°43'35' West423.18 feet to a point on said southerly right of way; tljence along said right of way 656.35 feet along a curve to the right, having a radius of 27; 4.79 fee' a cen!ral angle of !)'51 '08"; the chord of which bears North 78'53'55" East 654.75 feet; tljence North 72'20'30" East 284.30 feet; the POJNT OF BEGINNING. ALSOKNOWNAS: ' L0T3 slllvEru; AMENDED EXEMPTION PLAT RECORDED JANUARY 15, 1997 AS RECEPTION NO. 503455 ~R WTilI AND SUBJECT TO THE ACCESS EASEMENTS AS SHOWN ON SAID PLAT, CfuUNTY OF GARFIEW SfaTE OF COLORADO EF@tlnf and reseD'igg. however. unto the granter. their successors. heirs and assigns. all of grantor's rights t~oil and gas lying in. under or which may be produced from the Propertv. I . SIC\vut TJtl"u(Color1.do. G!env.wd Springs Di~'ision Pile Numtar: 20061240 No; 932A-Warnnly Dml (For PbG!ographie Racord) i. Taxes for the year 2007 and subsequent years. ExhibitB Exceptions '.4. 1?1c ~ffect.of inc.Jusi~ns in any general or specific water conservancy, fire protection, soil conservation or other d1stnct or mcJus1on 1n any water service or street improvement area. l Right of the proprietor of a vein or lode to extract and remove his ore therefrom, shou]d tlie same be found to penetrate or mtersect the pr~es hereby granted, as reserved in United States Patents recorded August 31, 1893 in ~~~ atPage244 as Reception No. 16286 and recorded JLme 14, 1944 in Book 73 at Page224 as Reception No. 4i~ Right of way for ditches or canals constructed by the authority of the United States, as r~erved in United States Patent rccordai August 31, 1893 in Book 12 at Page 244 as Reception No. 16286. 5~ Irrigati~ Ditch Easement as disclosed by Rule and Order recorded October 16, 1975 in-Book 479 at Page 707 as Reception No. 269801. 6. County Subdivision Exemption Resolution No. 84-76 recorded May 1, 1984 in Book 64S at Page 874 as Reception No. 35187l. 7. Matters disclosed on the Sievers Exemption Map recorded May I I, 1984 as Reception No. 352214; on the Sievers Amended Exemption Plat recorded January 15, 1997 as Reception No. 503455; aod on the Herons Nest PUD Annexation Plat reoarded Ootober 30, 2003 as Reception No. 639727. 8. Well-Sliming Agreementrccorded April 30, 1997 in Book 1016 at Page 939 as Reception No. 507574. 9. Easement Agreement recorded April 30, 1997 in Book 1016 at Page 942 as Reception Nu. 507575. 10. Town ofSHt. Ordinanoe No. 31 Series of2003, recorded October 30, 2003 ln Book 1533 at Page 839 as Reception No.639726. . l L Annexation and Development Agreement recorded October 30, 2003 in Book 1533 at Pa.;;c 843 as Reception No. 639728 and re-recorded January 30, 2004 in Book 1557 at Page 933 .. Reception No. 64<790. 14 Town of Sil~ Ordinance No. 15, Series of2004, recorded July 30, 2004 in Book 1609 at Page 135 as Reception No. ' 656947. 13. Oil and Gas Lease record"1August9, 2005 in Book 1714 at Page 998 as Reception No. 679774, and any and all assignments of record, or otherwise, thereof, or interests therein; and other Oil and Gas Leases of record, aiJd any and all assignments of record, or otherwise, thereof, or interests therein. 14. Memorandum of Surface Use Agreement recorded OctobeT 28, 2005 in Book 1740 at Page 367 as Reception No. : 685346. 1~ .. Any adverse claim based upon the assertion that (a) some portion of the land forms the b.·d or bank of a navigable : river or lake, or lies below the menn high water mark thereof; (b) the boundary of the land bas been affected by a · change in the course or water level of a navigable river or lake; (c) the land is subject to \vatcr rights, claims or title to : water and to any law or governmental regulation pertaining to wetlands; {d) the public's rights to use the waters. 16. This policy does not insure title to land conlprising the shores or bottoms of rivers and is :;ubject to any build up or loss of property along the Colorado River, caused by the processes of accretion and relictjon, or caused by man made changes in the flow of water or in the course of the river hank or river channel; also subject to the free and . unobstructed flow of the water of said river, and recreational or other use thereof, and thi:> policy does not insure any land which may be considered Meanderlands. Ii No mineral rights are being transferred, all mineral rights owned by the Sellers, loll$ Ok Nielson and Cory B. ! Nielson, are being retained by the Sellers, as disclosed by the Agreement to Amend/Extend Contract between the : parties dated Mareh 19, 2007, and any and all assignments of record, or otherwise, thereof, or interests therciD. 18. Adverse matters disclosed oa the Improvement Survey dated January 15, 2007 by Gambu & Associates, Inc. as Job No. 06643, including but not limited to the following: (11) possessory rights lying outside of fences; (b) overhead utility lines; (c) easement and right ofw11y for the unobstructed flow of the ditch depictecl; (d) sewer forcemain; {e) 60' access easement; (.f) 12" ADS Culvert and associated rights of ma.inteoance; and (g) ;;"rigation easemerit Slo:jllart Title ofColando • Olcnwood Springs Di't'i.ston Fltc Number: 20061240 N<i.'9l2r\. Warnrity Occd (For PhO'loa:raphit Record) ;•age 3 of3 DEED OF TRUST Please return to_· The Noone Law Fimi P.O. Box 39 Glenwood Springs, CO 81602 This DEED OF TRUST ("Deed of Trust") is executed this 30th day of March 2007 between Simon Casas and Genobeva Lopez, whose legal address is at 118 Euclid, Carbondale, CO 81623 (collectively referred to herein as ''Borrower"), and Jong Ok Nielson and Cory B. Nielson, whose legal address is 3843 County Road 241, New Castle, CO 81647 (collectively referred to herein as "Lender') (collectively referred to as the "Parties"). RECf"ALS WHEREAS, Borrower is obligated and indebted to the Secured Pa1ty in the principal amount of one mil:ion nine hundred and seventy-nine thousand dollars ($1.979,000.00), plus interest, loan charges, and attorney fees, pursuant to and as provided in a certain Promissory Note ("Note") executed contemporaneously herewith; and WHEREAS, in order to induce the Secured Party to enter into the Note, Borrower is entering into this Deed of Trust to provide collateral security for its obligations under the Note. NOW THEREFORE, in consideration of the matters above, the mutual covenants, tenns, conditions and restrictions contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Property in Trust. Borrower hereby grants and conveys to the Public Trustee of Garfield County ("Trustee") in trust, with power of sale, the real property described in Exhibit A, attached hereto and incorporated herein by reference, commonly known as 32958 River Frontage Road, Silt, Colorado, 81652 (the "Property"), together with all appurtenant water rights, as described in Exhibit B, attached hereto and incorporated herein by reference; all of its other appurtenances; and any personal r ~riperty, fixtures, and equipment located thereon or used in co1U1ection therewith. 2. Note;; Other Obligations Secured. This Deed of Trust is given to secure the Lender: 3. a. Maturity Dates. The repayi.nent of indebtedness evidenced by the Promissory Note (''Note"), signed by the Borrower of even date herewith, payable to the order of Lender in the principal sum of$1,979,000.00 plus interest, loan charges, and attorney fees, described therein, which matures on May 1, 2017 as to one million four hundred and eighty thousand dollars ($1,480,000.00) and November 1, 2019 as to four hundred and ninety-nine thousand dollars ($499,000.00). b. The perfonnance of the covenants and agreements of Borrower herein contained and in the Note, and any other instrument executed by Borrower for the purpose of securing the indebtedness represented by the Note. c. All other instru1nents now or hereafter executed evidencing or secu1ing the indebtedness represented by the Note, or any part thereof, or any other obligations fi·om Borrower to Lender, whether direct or indirect, re1note or contingent, liquidated or unllquidated. d. The payi.nent of such additional sums, \Vi th interest thereon, as have been or nlay be borrowed fron1 Lender by Borro\ver at any time, and performance of all obligations provided for in any security documents in connection with any such obligations ("Ancillary Oblig<"tions"). Interest. Bo1To\ver shall pay to Lender interest at the rate of six and threeM quarters percent (6.75o/o). The n1inimu1n interest due under thi'5 Deed of Trust is seven hundred thousand dollars ($700,000.00) ("Minimum Interest Due"). In the event the Borrower elects to sell the Property described in the attached E.'Chibit A Deed of Trust Page 2 ofl or othen.vise refund or refinance this Note prior to paying Lender the Minimum Interest Due, the difference between the Minimum Interest Due and the interest actually paid hereunder is immediately due and payable upon such sale, refunding, or refinancing. 4. Late Fees. Borrower shall postmark .their loan payments on or before the 1st of each month. If Lender does not receive the Joan payment on or before the l51h day of each month, a Late Fee of five percent (5%) of the Overdue Payment, in addition to the Default Interest Rate discussed in Section 8, will be assessed and inunediately due. For purposes of this Deed of Trust, "overdue payment" means any payment due under this Deed of Trust, whether such pay111ent is attributable to interest, attorney fees, costs or the principal sum. If Borrower is in default, this 5% Late Fee shall apply each n1on~.1 to sums due even after the Maturity Dates, as described in Section 2(a) above, until the balance is paid in full or a judgment is obtained, if applicable. 5. Default. a. The following constitutes default by Borrower: J. Failure to pay the full amount of each payment due, including any late fees or penalties previously assessed, by the 1 n day of each month; ii. Failure to pay all swns due, in~luding the balloon payment of the remainder of the principal, on the Maturity Date; iii. Any default under any other Promissory Note du~ by Borrower to the Lender; iv. Any default under this Note, which shall also constitute default under any other ~cillary Obligation that Borro,ver owes to Lender. b. In the event of default, Borrower shall owe a default interest, at a rate equal at all times and from time to tin1e of eighteen percent (18o/o) per annum upon any undebtedness of Borrower not paid on or before the due date hereunder or under the Note (the "Default Rate"). 6. Title. Borrower covenants that title to the above-described Property is in Borrower's name and that Borro\ver owns and has the right to grunt and convey the Property, and warrant title to the same, subject to general real estate taxes for the current year in which this Deed of Trust is executed, and except for those matters which otherwise exist of record against the Property. 7. Relationship of Lender to Borrower. Borrower acknowledges that Lender is merely a Lender of the sum set forth hereinabove, and that Lender is neither an advisor nor counselor to Borrower and that no confidential relationship exists between Lender and Borrower. 8. Deeds of Trusts; Charges; Liens. Borrower shall perform all of Borrower's obligations under any deed of trust or any other liens encumbering the Property, whether senior or junior to this D1.. .j of Trust. If Borrower shall fail to perfonn any term or condition of any deed of trust encumbering the Property, or any promissory note secured thereby, such failure to perform shall constitute a default heret.nder, and entitle Lender to exercise any and all of the remedies provided herein. Borrower shall pay all taxes, assessments, and other charges, fmes, and impositions attributable to the Property which may have or attain a priority over this Deed ofTfl\St. Despite the foregoing, Borrower shall not l'e required to make payments otherwise required by this paragraph if Borrower, after notice to Lender, shall in good faith contest such obligation by, or defend enforcement of such obligation in, legal proceedings which operate to prevent the enforcement of 5"( c J_ SC GL Deed of Trust Page 3 of 3 the obligation or forfeiture of the Property or any part thereof, and post security in connection therewith satisfactory to Lender. 9. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire or hazards included within the term "extended coverage" in an amount at least equal to the lessor of (a) the insurable value of the Property, or (b) an amount sufficient to pay the sums secured by this Deed of Trust as well as any prior encumbrance on the Property (hereinafter be referred to as "Property Insurance"). The insurer providing the Property Insurance shall be qualified to write real property insurance in Colorado, and shall be selected by Borrov.rer subject to Lender's right to reject the selected insurer for reasonable cause. In the event of Joss, Borrower shall give pron1pt notice to the insurer and Lender. Lender may make proof of loss if not make pn "'"¥l.ptly by Borrower. Property Insurance proceeds shall be applied to restoration or repair of the PropGrty damaged. If restoration or repair is not economically feasible, the Property Insurance proceeds shall be applied to the sums secured by the Property, with the excess, if any, paid to Borro\ver. Any such application of proceeds to principal shall not extend or postpone the due date of the installments due under the Note or change the amount of such installments. Notwithstanding anything herein to the contrary, if pursuant to the terms herein, the Property is acquired by Lender, all right, title, and interest of Borrower in and to any Property Insurance, and the proceeds thereof, resulting from damage to the Property prior to sale or acquisition shall pass to Lender to the extent of the sums secured by this Deed of Trust immediately prior to such sale or acquisition. All of the rights of Borrower and Lender hereunder with respect to Property Insurance are subject to the rights of any holder of a prior deed of trust. 10. Preservation and Maintenance of Property. Borrower shall keep the Property in good repair and shall not coIIl.IT';t waste or permit impairment or deterioration of the Property, and shall comply with the provisions of any lease if this Deed of Trust encumbers a leasehold. Borrower shall perform all of Borrower's oblig!tions pursuant to any leases, declarations, covenants, bylav1s, rules, or other documents governing the use, ownership, or occupancy of the Property. In the event ofa breach by Borrower of Borrower's obligations under this paragraph, Lender shall have the option, but not the duty, to enter upon the Property and make such repairs and in1provements as Lender deems necessary. Lender shall also have the option, but not the duty, to exercise all other remedies available to Lender under this Deed of Trust or the Note. 11. Protection of Lender's Security. If Borrower fails to perfom1 the covenants and agreements contained in this Deed of Trust or the Note, or if a default occurs in regard to any other deed of trust or other lien encumbering the Property, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, n1ay make such appearances, disburse such sums, and take such action as is necessary to protl~ct Lender's interest, including, but not limited to, disburse1nent of reasonable attorneys' fees and entry upon the Property to make repairs. Borrower hereby assigns to Lender any right Borrower may have by reason of any encumbrance of the Property, or by law, or otherwise to cure any df'fault under any other encumbrance of the Property, and hereby specifically au,horize Lender, at Lender's option, to act as Borr~~er's agent in order to accomplish any of the foregoing. Borrower hereby assigns to Lender the right, but without any obligation of Lender to exercise such right, to pay obligations and indebtedness of Borrower, discharge monetary liens against the Property, satisfy judgments against Borrower or obtt1in sc G l SC GL Deed of Trust Page 4 of 4 f c SC releases of judgment liens against the Property, all on behalf of and in the name of Borrower. Any ;unounts disbursed by Lender pursuant to this paragraph, with interest thereon, shall become additional indebtedness of Borrower secnred by this Deed of Trust. Such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and Lender may bring suit to collect any amounts so disbursed plus interest specified herein. Nothing contained in this paragraph shall require Lender to incur any expense or take any action hereunder. 12. Inspection. Lender tnay make or cause to be made reasonable entries upon and inspection of the Prope11y, provided that Lender gives Bon·ower notice prior to such inspection. 13. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender as herein provided. However, all of the rights of Borrower and Lender hereunder with respect to such proceeds are subject to the rights of any beneficiary of a prior deed of trust. 14. 15. 16. In the event of a complete or parti•· taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust, with the excess, if any, paid to Borr~•wer. If the Property is abandoned by B0rrower, or if, after notice by Lender to Borrower that the condemner offers to make an award or settle a clai1n for damages, Borrower fails to respond to Lender 'vithin fifteen days after the date such notice is given, Lender is authorized to collect and apply the proceeds, at Lender's option and in its sole discretion, among restoration or repair of the Property or to the su1ns secured by this Deed of Trust. Any such application of proceeds to principal shall not extend or postpone the due date of the installments due under the Note nor change the am6unt of such installments. Borrower Not Released. Extension of the time for payinent or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower, nor Borrower's successors in interest, from the original terms of this Deed of Trust. Lender shall not be required to commence proceedings against such success(.. ·Jr refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reas0n of any demand made by the original Borrower nor Borrower's successors in interest. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by law, shall not be a waiver or preclude the exercise of any such right or remedy. If any payments due pursuant to the Note, this Deed of Trust, or any Ancillary Obligations are not paid when due, all such amounts shall bear interest, compounded monthly, at the rate provided herein, in the Note, or such Ancillary Obligation, provided that in no event shall any rate of interest payable by Borrower exceed tile maximun1 interest rate permitted by applicable law. Remedies Cumulative. Each remedy provided in the Note and this Deed of Trust is different from and cun1ulative to all other rights or ren1edies under the Note and this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently, or successively. Borrower waives any in1plied warranties of good faith or fair dealing with respect to Lender's enforcement of such remedies. GL ~- Deed o/Trust Page 5 of 5 J( SC 17. Successors and Assigns Bound. The covenants and agreen1ents herein contained shall bind, and the rights hereunder shall insure to, the respective successors and assigns of Lender and Borrower, subject to the tenns herein. 18. Notice. Unless applicable law pro\ ides othelVv'ise, any notice under this Deed of Trust shall be given by delivering it or mailing it by certified mail, return receipt requested to the following address: Siinon Casas and Genobeva Lopez, 118 Euclid, Carbondale, CO 81623. 19. Joint and Several Liability. The obligations imposed by this Deed of Trust upon the Borrower, its successors and assigns, shall be joint and several. Any person or corporation, and its successors and assigns, \Vhich is a guarantor, surety, or endorser of this Deed of Trust is also joint and severally liable under the tenns contained herein. 20. Compliance Agreement. Borrower hereby irrevocably authorizes Lender to correct without notice any clerical errors or omissions that may be present in any and all Loan Documents that Borrower has executed in connection with Borrower's loan secured hereby. Borrower further understands lhat such corrections shall not result in any increase in the anlount of the obligation that Borrower must repay to Lender, or any change of essential tem1s of repayment of the loan obligation. 21. Enforcement. The Borrower and any other person who may be liable hereunder in any capacity shall pay all costs v_ collection of sums due hereunder, including a reasonable attorneys' fee, in case the principal of the Note or any payment of inter.Jst thereon is not paid at the respective due date or maturity thereof, or in case 1t becon1es necessary to protect the security for this Note, whether suit is brought or not. 22. Acceleration; Foreclosure; Other Remedies. Except as provided herein, upon Borrower's default or breach of any covenant or agreement of Borrower in this Deed of Trust, or upon any default in any other deed of trust or lien encu1nbering the Property, or upon Borrower's breach of any covenant or agreement of Borrower in the Note, at Lender's option, all of the sums secured by this Deed of Trust shall be immediately due and payable ("Acceleration"). To exercise this option, Lender may invoke the power of sale and any other re1nedies pennitted by law and at Lender's option, Lender may exercise its rights of enforce1nent with respect to the Collateral, as hereinafter defined, under Colorado law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Deed of Trust, but not limited to, reasonable attorneys' fees. If Lender invokes the power of sale, Lender shall give written notice to Trustee of such election. Trustee shall give 8\..: .;h notice to Borrower of Borrower's rights as is provided by law. Trustee shall record a copy of such notice as required by law. Trus'.ee shall advertise the time and place of the sale of the Property, for not less than lour (4) weeks in a newspaper of general circulation in each county in which the Property is situated, and shall mail copies of such notice of sale to Borrower and other persons as prescribed by law. After the lapse of such ti1ne as may be required by law, Trustee, without demand on Borro\ver, shall sell the Property in separate parcels or en masse at public auction to the highest bidder for cash at the time and place (which may be on the Property or any part thereof as permitted by law) in one or more parcels as Trustee may think best and in such order as Trustee may determine. Lender or Lender's designee may purchase Uie Property at any sale. It shall not be obligatory upon the purchaser at any such sale to see to the application of the purchase money. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorney's fees, costs of title evidence, appraisal fees, envirorunental GL Deed of Trust Page 6 o/6 J( assessment fees and inspection fees; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. 23. Transfer or Encumbrance of the Property: Due on Transfer or Encumbrance. The following events shall be referred to herein as a "Transfer": A voluntary or involuntary transfer or conveyance of title (or any portion thereof, legal or equitable) of the Property (or any part thereof or interest therein), including, without lin1iting the generality of the foregoing, a transfer resulting from eminent domain proceedings, casualty resulting in payment of insurance proceeds, or foreclosure; the execution of a contract or agree1nent creating a right to title (or any portion thereof, leral or equitable) in the Property (or any part thereof or interest therein); or an aweement granting a possessory right in the Property (or any portion thereof), in excess of three years; or the transfer of more than 25% of the capital stock of Borrower (if Borrower is a corporation); or the substitution of a general partner or joint venturer (if Borrower is a partnership or joint venture); the dilution of a general partner's or joint venturer's interest in the general partnership or joint venture (if applicable) to less than 75% of such general partner's or joint venturer's present interest in the general partnership or joint venture; or the creation of a lien or encu1nbrance subordinate to the Deed of Trust. Not to be included as a Transfer are the creation of a purchase n1oney security interest for household appliances, or a transfer by devise, descent, or by operation of law upon the death of a joint tenant. In the event of any Transfer \Vithout Lender's prior written consent, which consent 1nay be withheld for any reason, all sums secured by this Deed of Trust shall be immediately due and payable, without notice or any action by Lender. 24. Borrower's Right to Cure Default. Whenever foreclosure is comn1enced for nonpayment of any su1ns due hereunder, the o\vners of the Property or parties liable hereon shall be entitled to cure said defaults by paying all delinquent principal and interest payments due as of the date of cure, together with all costs, expenses, Default Interest, late charges, appraisal fees, environmental assessment fees, inspection fees, any and all e..._iJenses incidental to or arising from a foreclosure sale or conunencement of the same incurred by Lender of whatsoever kind. attorneys' fees, and other fees all in the maimer provided by la\v. Upon such payment, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as though no Acceleration had occurred, and the foreclosure proceedings shall be discontinued. 25. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property; however, Borrower shall have the right to collect and retain such rents as they become due and payable so long as no default has occun-ed under the Note, this Deed of Trust or any Ancillary Obligations. Lender or the holder of the Trustee's certificate of purchase shall be entitled to a receiver for the Prope1ty after Acceleration and shall also be so entitled during the time covered by foreclosure proceedings and the period of redemption, if any; and shall be entitled thereto as a matter of right •,i.iithout regard to the solvency or insolvency of Borrower or of the then owner of the Property, without regard to the value of the Property and without regard to the existence or commission of waste on the Property. The Parties hereto agree that in the interests of preservation of the Property, a court appointed reL::;iver is necessary. Such receiver may be appointed by any court of co1npetent jurisdiction upon ex parte application and without notice, notice being hereby expressly waived. In the event of any default by Borrower, lender, in person, by agent, or by judicially-appointed receiver, shall be entitled to enter upon, take possession of, and manage the Property, and to l;Ollect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied, first, to payment of the costs of preservation and management of the Property, second, to payments due upon prior liens, and then to the sums secured by this Deed of SC GL Deed of Trust Page 7 o/7 26. 27. 28. 29. 30. sc T1ust. Lender and the Receiver shall be liable to account only for those rents actually received. Default Interest during Reden1ption Period. In the event the Property or any part thereof shall be sold upon foreclosure as provided hereunder, the sum for which the same shall have been sold (which n1ay include all attorneys' fees, costs of sale, appraisal fees, environn1ental assessment fees, inspection fees, and any and all expenses incident to or arising from the sale incurred by Lender of whatsoever kind, and other expenses permitted to be added to the indebtedness secured hereby under the terms hereof, under any other agreement securing the indebtedness of Borrower, any Anci11ary Obligation or under statutory authority) shall, for purposes ofredemption (pursuant to C.R.S. § 38-38-302, as amended), bear interest at the Default Rate of interest provided herein from the date of sale until paid. Redemption Amount. For the piuposes of redemption after a foreclosure of this Deed of Trust, in addition to those things pennitted by law, Lender shall a]so include in its calculation of the a1nount necessary to redeem from the sale all attorneys' fees, appraisal fees, environmental assessment fees, inspection fees and any and all expenses incident to or arising fro1n the sale incurred by Lender of whatsoever kind, and all other costs incurred by Lender pertaining to the foreclosure process, directly or indirectly, or pertaining to protection of Lender's interest in the Property, which occur after the dale of the foreclosure sale but prior to redemption by Borrower or by any other person possessing a right to redeem. Such post-sale expenses shall bear interest at the Default Rate. Deficiency Rights of Lender. In the event that, upon foreclosure of the Property pursuant to this Deed of Trust, the purchaser at the foreclosure sale has bid and paid to the Trustee or Sheriff an ainount less than the full indebte-dness owed by Borrower and secured by this Deed of Trust, then until either (a) the delivery of the foreclosure sale proceeds to Lender if Lender is not the purchaser; or (b) until delivery of the Trustee's or Sheriffs deed to Lender, if Lender is the purchaser; the full amount of the indebtedner.s of Borrower (bid amount plus deficiency) and not just the deficiency amount shall bear interest at the Default Rate. Thereafter, the remaining unpaid indebtednes_s, determined by subtracting the foreclosure sale amount from the fuU amount of the indebtedness plus accn1ed interest at the Default Rate and costs and expenses incurred after the foreclosure, shall be a contL1uing obligation of Borrower for which Lender shall be entitled to personal monetary judgment. At all times after a default until such tin1e as the default is cured, Lender shall be entitled to the Default Rate of interest which entitlement shall survive the entry of judgment. Release. Upon payment of all sums secured by this Deed of Trust, Lender shall cause Trustee to release this Deed of Trust and shall produce for Trustee the Note. Borrower shall pay all costs of recordation and shall pay the statutory Trustee's fee. Escrow Funds for Taxes and Insurance. This Paragraph 26 is not applicable if Funds as defined below are being paid pursuant to a prior encu1nbrance. If Lender requests, Borrower shall pay to Lender on each day installments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein referred to as "Funds") equal to one-twelfth of the yearly taxes and assessments which may attain priority over this Deed of Trust, plus one-twelfth of yearly premium installments for Prope11y Insurance, all as reasonably estimated initially and from time to time by lender on the basis of assessments and bills and reasonable estimates thereof, takin5 Jnto account any excess Funds not used or shortages. The principal of the Funds shall be held in a separate account by Lender in trust for the benefit of Borrower. Lender shall apply the funds to pay said taxes, assessments and insurance premiums. Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, h' L SC GL Deed ofTrus1 Page 8 of 8 5( SC without charge, an annual accounting of the Funds. The Funds are pledged as additional secw·ity for the sums Sl:., ·ffed by this Deed of Trust. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments and insurance premiums as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency within hventy (20) days from the date notice is given in accordance with Paragraph 16 (Notice) by Lender to Borrower requesting payment thereof. Upon payment in full of all swns secured by this Deed ofT1ust, Lender shall simultaneously refund to Borrower any Funds held by Lender. If under Paragraph 21 the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, \Vhichever occurs first, any Funds held by Lender at the time of application as credit against the sums secured by this Deed ofTn1st. 31. Waiver of Exemptions. Bo1Tower hereby expressly waives all right of homestead and any other exemption in the property under State or federal law presently existing or hereafter enacted, which waiver shall be deemed to extend to and for the benefit of any party purchasing or redee1ning at a foreclosure sale of the Property, specifically including, but not limited to any holder of a judg111ent lien or other lien not containing ac. ""'Xpress waiver. 32. Waiver of Estoppel. The Lender may, without losing any of i.t' rights under this Deed of Trust, accept late payments, accept partial payments, and delay in enforcing any of its rights under the tenns contained herein. 33. Amendment. No amendment, modification, or cancellation of this Deed of Trust shall be effective unless the amendment, 1nodification, or cancellation is in writing and signed by all Parties. 34. Representation by Borrower. Borrower represents and acknowledges that moneys provided under this Deed of Trust shall be used primarily for legal, personal purposes. Borrower agrees to indemnify, defend, and hold harmless the Lender for an award of damages or other remedy or remedies which are imposed against the Lender if the use of proceeds of this Deed of Trust are found to have been primarily used for illegal purposes, as defined by Federal and Colorado la\V. 35. Transferability. The Lender may transfer this Deed of Trust. 36. Governing Law. This Deed of Trust shall be governed by the laws of the State of Colorado. 37. Seve,rabiJity. The terms of this Deed ofT1ust are severable. In the event that any provi3ion or clause in this Deed of Trust conflicts with the law, such conflict shall not affect other provisions of this Deed of Trust which can be given effect without the conflicting provision. 38. LEGAL CONSEQUENCES. BORRO\.VER ACKNO\VLEDGES THAT THIS DOCUJ\."IENT HAS IMPORTANT LEGAL CONSEQUENCES. BORROWER ALSO ACKNOWLEDGES THAT THEY HAVE THE RIGHT TO OBTAIN INDEPENDENT LEGAL COUNSEL IN CONNECTION WITH THIS DOCUMENT, AND THAT THEY HAVE HAD THE TIME AND OPPORTUNITY TO OBTAIN SUCH INDEPENDENT LEGAL COUNSEL. c 2- GL Deed of Trusr Page 9 of9 BORROWER: S"unon Casas STATE OF COLORADO coUNTY OF §a'tlco Id ) )ss. ) (, ·'\'. ~ll b e fl rr2 -Dff '2 Genobeva pez The foregoing DEED OF TRUST was acknowledged, subscribed and sworn to before me this 30th day of March 2007 by Simon Casas and Genobeva Lopez, as Borrower. Witness my hand and official seal. My commission expires: SC GL Deed ofTru.st Page 10 of JO Exhibit A Legal Description of Property A parcel of land situated in Section 9, Township 6 South, Range 92 West of the 6th P.M., being more particularly described as follows: Beginning at a point on the southerly right of way of Interstate Highway No. 70 whence the Northeast Corner of said Section 9 Bearing North 18'38'26" East 1214. 13 feet; thence South 01°55'40" West 213.15 feet; thence North 82'53'59" East 66.01 feet; thence South 03'13 '44" West 228.61 feet; thence South 88°26'02" East 3 ~Q.58 feet; thence South 00'24 '38" East 366.44 feet; thence North 88'26'02" West 506.17 feet; thence South 06'27'30" West 412.00 feet to the center of the Colorado River; thence along said centerline North 88' 26'02" Wost 147.89 feet; thence North 83'00'45" West 613.74 feet; thence North 88'29'59" West 168.53 feet; thence departing said centerline North 11 '43'30" West 480.75 feet; thence North 32'35'13" East 126.08 feet; thence South 64'45'00" East 212.38 feet; thence North 00'43'35" West 423.18 feet to a point on said southerly right of way; thence along said right of way 656.15 feet along a curve to the right, having a radius of2714.79 feet, a central angle of 13°51 '08"; the chC'lrd of which bears North 78'53'55" East 654.75 feet; thence North 72°20'30" East 284.30 feet; to the POINT OF BEGINNING. . Also known as: LOT3 SIEVERS AMENDED EXEMPTION PLAT RECORDED JANUARY 15, 1997 AS RECEPTION NO. 503455 TOGETHER WITH AND SUBJECT TO THE ACCESS EASEMENTS AS SHOWN ON SAID PLAT. COUNTY OF GARFIELD STATE OF COLORADO £( SC GL Deed of Trust Page/Jofll Exhibit B Description of Water Rights l. 2.88 shares of stock in the Grand River Ditch Company, stock certificate no. 823. 2. Well Pennit No. 24328-F, as decreed in the Garfield County District Court, Water Division No. 5, Case No. 05CWl42 on October 14, 2006, more particularly desc1ibed as follows: Nielson Well No. 1, awarded 6 g.p.m. (up to 6 a.f. annually), absolute; 11 g.p.m. (up to 11.53 a.f., annually), conditional, for commercial use in the Heron's Nest RV Park, with an appropriation date of April 25, 1972 as to the absolute right and May 31, 2006 as to the conditional right, with an alternate point of diversion at the Nielson Well No. 2. The well is located in the SE 1,1,i, NE Y.i, Section 9, Township 6 South, Range 92 West, 6th P.M., at a point 586 feet from the East Ji.,, and 2,088 feet form the North line of Section 9. 3. Well Penni! No. 24329-F, as decreed in the Garfield County District Court, Water Division No. 5, Case No. 05CW142 on October 14, 2006, more particularly described as follows: Nielson Well No. 2, awarded 2 g.p.m. (up to 3.5 a.f. annually), absolute; 11 g.p.m. (up to 11.53 a.f., annually), conditional, for commercial use in the Heron's Nest RV Park, with an appropriation date of April 23, 1979 as to the absolute right and May 31, 2006 as to the conditional right, with an alternate point of diversion at the Nielson Well No. l. The well is located in the SE ~. NE Y.i, Section 9, Township 6 South, Range 92 West, 61h P.M., at a point 293 feet from the East line and 2, 197 feet fom1 the North line of Section 9. 4. The Plan for Augmentation, and all water rights included therein, as decreed in the Garfield County District Court, Water Division 5, Case No. 05CW142 on October 14, 2006. 5. Water Service Contract No. 050519CN(a), by and between the West Divide Water Conservancy District and Jong OK Nielson and Cory B. Nielson, dated Ji.ugust 5, 2005, for 1.73 a.f annually. 5( SC GL PLEDGE At. .cEEMENT Please return to: The Noone Law Firm P.O. Box 39 Glenwood Springs, CO 81602 This PLEDGE AGREEMENT ("Agreement") is entered into this 30th day of March 2007 by and between Simon Casas and Genobeva Lopez, with a legal address of 118 Euclid, Carbondale, CO 81623 (collectively referred to herein as "Debtor") and Jong 01( Nielson and Cory B. Nielson, with a legal address of3843 County Road 241, New Castle, CO 81647 (collectively referred to herein as "Secured Party"). RECITALS WIIEREAS, Debtor is obligated and indebted to the Secured Party in the principal amount of one million nine hundred and seventy·nine thousand dollars ($1,979,000.00), plus interest, loan charges, and attorney fees, pursuant to and as provided in a certain Promissory Note ("Note") executed contemporaneously herewith; and WHEREAS, in order to induce the Secured Party to enter into the Note,· Borrower is entering into this Agreement to provide collateral security for its obligations under the Note. NOW THEREFORE, in consideration of the n1atters above, the mutual coVenants, terms, conditions and restrictions contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: I. DEFINITIONS. a. "Collateral" means Debtor's interest in 2.88 shares of stock in the Grand River Ditch Company, evidenced by stock certificate no. 823; b. "Debtor" means Simon Casas and Genobeva Lopez; c. "Indebtedness" means Debtor's obligation to Secured Party in the amount of $1,979,000.00, as evidenced by the Note and Deed of Trust entered into contemporaneously herewith; d. "Secured Party" n1eans Jong OK Nielson and Cory B. Nielson; e. "Lien" means any security interest, mortgage, pledge, lien, attachment, claim, charge, encumbrance, or agreement retaining title covering the Collateral; f. "Obligations" mean the Indebtedness, and any other later loan by Secured Party to Debtor, including attorneys' fees incurred by Secured Party in enforcing this Agreement. II. UCC DEFINITIONS INCORPORATED BY REFERENCE. Terms defined in the Uniform Conunercial Code (the "Code"), not otherwise defined in this Agreement, are incorporated herein as defined in the Code as of March 30, 2007. III. GRANT OF SECURITY INTEREST. Debtor grants the Secured Party a security interest in the Collateral to seci.;-:--e Debtor's obligations under this Agreement. That Collateral, which consists of 2.88 Shares in the Grand River Ditch, as evidenced by Stock Certificate No. 823, in which Debtor no\V has or later acquires a right (and substitutions for them) and all distributions related to and proceeds of the Collateral. Secured Party shall retain physical possession of any certificates or documents evidencing Debtor's ownership of the collateral. IV. COVENANTS. Debtor promises to pay the Obligations to Secured Party when they are due; to not sell, lease, transfer, or othenYise dispose of the Collateral; to not pem1it liens on the Collat~ral, except existing liens and current tax liens; and to perfom1 all acts necessary to maintain, preserve, and protect the Collateral. Debtor further promises to execute and deliver to Secured Party all financing statements and other documents requested by Secured Party necessary to maintain a first perfected security interest in the Collateral. V. POWER OF ATTORNEY. Debtor hereby appoints Secured Party, or any other person \vhom Secured Party may designate, as Debtor's attomey·in·fact, to perfom1 any of Debtor's obligations under this Agreement in Debtor's name or otherwise, and to endorse Debtor's name on instruments, documents, or other forms of payment or security that come into Secured Party's possession as necessary under this Agreement. Pledge Agreement Page I off Please return to: The Noone Law Firm P.O. Box 39 Glenwood Springs, CO 81602 VI. DEBTOR'S WARRANTIES AND REPRESENTATIONS. Debtor covenants, warrants, and represents as follows: a. Debtor is authorized to execute and deliver this Agreement. This Agreement is a valid and binding obligation of Debtor. This Agre_.'.1ent creates a security interest enforceable against the Collateral in which Debtor now has rights. b. Neither the execution and delivery of this Agreement, nor the taking of any action in compliance with it, will ( 1) violate or breach any la\V, regulation, rule, order, or judicial action binding on Debtor or any agreement to which Debtor is a party, or (2) result in the creation of a Lien against the Collateral except that which is created by this Agreement. VII. DUTIES OF SECURED PARTY. Debtor acknowledges that Secured Party has no duty or liability under this Agreement except (i) to exercise reasonable care with the Collateral while it is in Secured Party's possession, and (ii) upon full perfonnance by Debtor of Debtor's obligation as set forth above, to reconvey the Collateral and the Secured Party's security interest in the Collateral to Debtor. VD1. TERMINATION OF SECURITY INTEREST. Secured Party's security interest in the Collateral will terminate when Debtor completes perfonnance of all Obligations to Secured Party, including without limitation the repayment of all Indebtedness owed by Debtor to Secured Party. IX. DEFAULT. Debtor will be in default under this Agreement if: a. Debtor fails to pay any installment or interest on the Indebtedness when due, or its entire Indebtedness to Secured Party when due, at stated maturity, or otherwise. b. Debtor commits any breach of this Agreen1ent, or any present or future ricler or supplement to this Agreement, or any other agreement between Debtor and Secured Party evidencing the obligation or securing it. c. Debtor falsifies any warranty, representation, or statement with respect to this Agreement. d. Debtor loses the Collateral, or Collateral is stolen or dan1aged. e. There is a seizure or attachment of, or a levy on, the Collateral. f. Debtor files for bankruptcy. X. REMEDIES. 'When an event of default occurs a Secured Party may: a. Declare the obligations immediately due and payable without demand, presentment, protest, or notice to Debtor, all of which Debtor expressly waives. b. Exercise all rights and remedies availab!P. to a secured creditor after default, including but not limited to the rights and remedies of secured creditors under the Code. c. Perfonn any of Debtor's Obligations unclP:r this Agreement for Debtor's account. Fees and costs incurred in doing so, including reasu.table attorneys' fees and interest at the highest rate permitted by law, will be charged to Debtor and added to the obligation secured by this Agreement. d. At its option and without notice to Debtor, transfer and register the Collateral or any part of it in Secured Party's name or the name of its nominees; collect and enforce payment with respect to the Collateral; exercise all rights, options, and privileges with respect to the Collateral, and deliver it in that connection to any appropriate person or agency, and vote the Collateral as Debtor's proxy, that proxy to be irrevocable until this Agreement is terminated. Until such default, Debtor's right to vote the Collateral will not be impaired by this Agreement. e. Conduct a "commercially reasonable" private sale or other disposition of the Collateral although a higher price might have been obtained for it at a public sale under the Securities Act of 1933, as amended, or in compliance with any other applicable Ja,vs or regulations. Secured Party's notice of the time and place of public sale of the Collateral, or the time on or after which a private sale or other disposition of the Collateral will be made, is reasonable if Pledge Agreement Page 2 of 2 Please retuni to: The Noone Law Firm P.O. Box 39 Glenwood Springs, CO 81602 sent to Debtor in the manner for giving notice at least five days before the public or private sale. XI. MISCELLANEOUS. a. Enforcement: Debtor will pay all costs and expenses of collection and enforcen1ent under this Agreement including reasonable attorneys' fees. b. Waiver by Secured Party: No waiver by Secured Party of any breach or dc:fau]t will be a waiver of any breach or default occurring later. A waiver will be Valid only if it is in writing and signed by Secured Party. c. Survival of Representations and Warranties: Debtor's representations and warranties made in this Agreement will survive its execution, delivery, and tennination. d. Assignment: This Agreement will bind and benefit the successors and assignees of the Parties, but Debtor may not assign its rights under this Agreement without Secured Party'~ prior written consent. e. Joint and Several Liabilitv: The Obligations imposed by this Agreement upon the Debtor, its successors and assigns, shall be joint and several. Any person or corporation, and its successors and assigns, which is a guarantor, surety, or endorser of this Agreement is also joint and severally liable under the tenns contained herein. f. Governing Law: This Agreement will be governed by the law of the State: of Colorado. g. Entire Agreement: This Agreement, together with the Note, represent tht' entire agreement between the Parties relating to the Collateral. i. Notices: Notices under this Agreement are considered to be served three (3) days after they are deposited in the United States mail, with prepaid first-class postage, addressed as follows: To Debtor: Casas Genobeva Lopez 118 Euclid New Castle, CO 81647 To Secured Party: Simon Cory 1\lielson & Jong OK Nielson 3843 County Road 241 Carbondale, CO 81623 Either party may change their address for service of notice, by notice to the other. WHEREFORE, by Debtor's signature hereto, the Debtor agrees to the above. cf. It 6 () ·e ii <f l tJ f 'C' -2 Genobeva Lopez / Simon Casas State of Colorado County of Garfield Aclmowledged before me this 30'' day of March, '007 by Simon Casas and Genobeva Lopez. Pledge Agreement Page 3 of3 I EXW:.B.l'l"A LEGAL DESCRIPTION 1 parecl of land situaled in Section 9, Township 6 South, Range 92 West of the 6th P.M., being more particula!ly . ~onbed M .foliowo: Egmning. . at a point. on the .southerly right of 'vay of Intmtatc Highway No. 70 whence <he Northcut Corner of said oo 9bears North ~8°38'26' East 1214.13 feet; o South Ol'55'4J)" Wm 213.15 feet; North 82'53 ~9" East 66.0 l l<et; 1'ence &outb.03°13'44" West 228.61 feet; !fence South 88"26'02" East 359.58 feet; 'l!ence South 0Q'24'38' East 366.44 feet; t\ence North 88°26'02' West 506. l 7feet; tllence Soutb 06'27'30' West 412.00 feet to the center of the Colorado River; til<ncc along said oODterlinc North 88'26'02" West 147.89 feet; ~ Nor!h 83'00'45' West6JJ.74 feet; ~•North 88'29'59' West 168.58 feet; t!lcnce d<parting said centerline North 11°43'30" West 480.75 feet; ~ce North 32°35'13' East 126.08 fee~ djence South 64°45'00' East 21Z.38 feet; tl(cnce North 00.'43'35' West423.18 feet to a point on said southerly right of way; '*'1ce aloog said risbt of way 656,35 feet along a curve to the rigbl, having a radius of 27; 4.79 feet, a ccolral angle of 1$"51'08"; tbe chon) of which bears North 78°53'55" East 654.75 feet; ~cc North 72"20'30" East 284.30 feet; the POINT OF .BEGINNING. ' ~KNOWNAS: L©TJ =AMENDED EXEMPTION PLAT ED JANUARY 15, 1!197 AS RECEPTION NO. 509455 . . WITH AND SUBJECT TO THE ACCESS BASBMENI'S AS SHOWN ON SAID PLAT, cl>UNrY OF GARFIELD stATEOFCOLORADO Efcenttng and resen1ng. however. unto the grantor. their successors. heirs and assirns. all of grantor's rights l0f9il and .gas-lying in. nndsr or which may be produced from the Property. Stewan Tltlo of Colondo • Gleev.'!)Od Sprinp Divirioa Ftla Numbt.r: 20061240 N0:.·!Jl2A. Wamnl)' D«d (For Pbirtapphic kcc.ord) ) LETTER 0 CONS EN Heron's Nest RV Park 32958 River Frontage Road, Silt, Colorado 81652 (970) 963-2777 September 10, 2008 Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 To Whom It May Concern: I, Simon Casas, do consent to Janet G. Aluise presenting my application for Floodplain Development Permit for the Herons Nest Recreational Vehicle Park, for review by the Garfield County Planning staff, or others as required. Ms. Aluise has the full authority to present all applications and to make presentations as needed. Should any questions arise, please do not hesitate to call Ms. Aluise at (970) 987-1176 or (970) 876-0356. Thank you in advance for your consideration. Sincerely, (/ /V _.,,,., !qJo J ~~on Casas Owner, Herons Nest RV Park 118 Euclid Avenue Carbondale, CO 81623 (970) 963-2777 home LEGEND -:-:-: . :-:-:-:-:-: ..... l.ANOSCAPE AREA ...... ·.·. """"" """ [fill FIRE EXllNGUISliER CABINET , STREET SIGN ¢ LIGHT POLE (}-GUY llllRE 0 PROPERTY CORNER • "°'' 'Th POWER POI.£ D TEU:PHONE PfOESTAL 0 YARD liYORANT ® ""' '"""-' ® El.£CTRICAL BRCAKER @ RV~ ACCESS 0 RV lEUYHONE ACCESS * RV ELECTRIC Aca:SS 0 RV WATER ACCESS CD S£WER INSPECTION PORT rm SEWER E.ECTOR PUW!' Qc.o. S£WER a.£.1.NOUT D i)<'l2' CONCR!TE SI.AB " WAlER VALVE • NEW S£WER LINE: SOR~ " "' """' "" . hEW WAlER IJNC: ;_,a. Dl.,. PYC .. [l(. WATER UNE ' N£W EliCTRlC LINE '"' ™' '"' EX. OVERHEAD ELECTRIC LINE " EX. UNOO!CRCUID £l!ClRIC "" TOlilll Df SILT BKl\77 PG6U Fnd Yoilo" Plo•lio C<lprW dr~lr BK1177 PG822 COLORADO RIVER BASIS Of BEARING 8 NE CORNER ~g'IO'lltl Of Sill =~ENT lrnERStellON IST. AHO GftANO AVE. 0 NORlH WAA'IEI COflNEA SECT. 10 Fl::ll.MO TO'llN Of Sill !iUR-.£Y =.t:r lf1Vl$£CTlON OlH ST. AHO ....... PARCEL B AMENDED KEITHLEY EXEMPTION C R COMM£RQAL PROPERTIES, INC BK155J PG697 Slit PLAN I"~ 100'-0" N()Rllj ED "''' Slit-I 9 I U.S. 0 4.VD 24 fl "9-otS-oo-321 ' •.. A N D @) ""' .... ----- 2 1'1t-114 -00-114 Adjoinln1 2l7g 0 p •• y R ~P~WD ~--.. -,...-........ ~==--- "'" 2 179-091 ,, 10 --, 1l j' ~ T.6S.-R.921f. SEC. 9 N.E.1/4