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Home My WebLink About1.0 Application• • APPLICATION Special Use Permit GARFIELD COUNTY PLANNING DEPARTMENT 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Telephone: 970-945-8212 Facsimile: 970-384-3470 Submittal Date: Z LJ_O / Base Fee: $400.00 Applicant: r -eq - - D to n n G izK. Cor nor+cta„u_. Address of Applicant: /1/ 3 Gil %Zd // Z Q) 623 Telephone: i �Q 341143 1 143 Special Use Being Requested: A- 12 es ot2 -r ( 8 4" 6 Zone District: A , Size of Property: • b / /4-CJliso Application Requirements: These items must be submitted with the application 1.) Plans and specifications for the proposed use including the hours of operation, the amount of vehicles accessing the site on a daily, weekl and/or monthly basis, and the size of any existing or proposed structures that will be utilized in conjunction with the proposed use. Please submit this information in narrative form and be specific. 2.) If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan. 3.) A map drawn to scale portraying your property, all structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4.) A vicinity map, showing slope of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5.) A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and private landowners adjacent to your property. Include a list of all property owners and their addresses. 6.) Attach a copy of the deed and a legal description of the property. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 7.) For all applications pertaining to airports, the oil and gas industry, power generation and/or transmission industry, or any other classified industrial operation, you must submit an impact statement consistent with the requirements of Sections 5.03, paragraphs 1 thru 3; 5.03.07, inclusive; and 5.03.08, inclusive. The consideration of this proposed Special Use will require at least one (1) public hearing for which public notice must be provided. The Planning Department will mail you information concerning this hearing(s), approximately 30 days prior to the scheduled hearing. You will then be required to notify, by certified return receipt mail, all adjacent landowners and publish the notice provided by the Planning Department, in a newspaper of general circulation. Both these notices must be mailed/published at least 15 days prior to the public hearing. The applicant shall bear the cost of mailing and publication and proof of mailing and publication must be submitted at the time of public hearing. The information co tained witplic is complete and correct, to the best of my knowledge: j ` 41 • App ate: 4zq--fji • Submittal Date: APPLICATION Special Use Permit GARFIELD COUNTY PLANNING DEPARTMENT 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Telephone: 970-945-8212 Facsimile: 970-384-3470 4-Z y -o/ Base Fee: $400.00 Applicant: 1-42.,9-I-- Dv n n G 2.1( Car no"ei / Address of Applicant: / 1/3 ('y f 2d %l 2.. 2J6,23 Telephone: q6, 3- gj L/3 Special Use Being Requested: A- /2 E5oY2 r (/3 4- 6) Zone District: A � p Size of Property: j I b i 4-012 .6 Application Requirements: These items must be submitted with the application 1.) Plans and specifications for the proposed use including the hours of operation, the amount of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size of any existing or proposed structures that will be utilized in conjunction with the proposed use. Please submit this information in narrative form and be specific. 2.) If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation plan. 3.) A map drawn to scale portraying your property. all structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. 4.) A vicinity map, showing slope of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. 5.) A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and private landowners adjacent to your property. Include a list of all property owners and their addresses. 6.) Attach a copy of the deed and a legal description of the property. If you are acting as an agent for the property owner, you must attach an acknowledgement from the property owner that you may act in his/her behalf. 7.) For all applications pertaining to airports, the oil and gas industry, power generation and/or transmission industry, or any other classified industrial operation, you must submit an impact statement consistent with the requirements of Sections 5.03, paragraphs 1 thru 3; 5.03.07, inclusive: and 5.03.08, inclusive. The consideration of this proposed Special Use will require at least one (1) public hearing for which public notice must be provided. The Planning Department will mail you information concerning this hearing(s), approximately 30 days prior to the scheduled hearing. You will then be required to notify, by certified return receipt mail, all adjacent landowners and publish the notice provided by the Planning Department, in a newspaper of general circulation. Both these notices must be mailed/published at least 15 days prior to the public hearing. The applicant shall bear the cost of mailing and publication and proof of mailing and publication must be submitted at the time of public hearing. The information co tained wit• - . •plies` is complete and correct, to the best of my knowledge: App • • Application Requirements #1 & #2 Based on Weekly Occupation 1) Hours of operation will be from: Check-in time not later than 5:00 P•M• And Check-out time 11:00 A.M• 6 -Cars a week, based on full occupancy• 52 weeks a year• The amount of space that will be used is: 1) Cabin -626 square feet• (existing) 2) Dwelling unit above garage -784 square feet• 3) Main House -1108 square feet for sleeping• And 1305 for guest eating and entertainment• 2) Amount of water based on full occupancy is 108,320 gallons a year. Volumetric meter will be installed per well permit #232502• Type of wastewater treatment will be septic system, installed 100 feet+ from location of well. Page 1 Form No. GWS -25 410 APPLICANT • • OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centenniat Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 GREG & DIANNE PARK 1213 COUNTY ROAD 112 CARBONDALE, CO 81623- (970) 963-8143 PERMIT TO CONSTRUCT A WELL WELL PERMIT NUMBER 232502 DIV. 5 WD 38 DES. BASIN MD APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 SE 1/4 Section 14 Township 7 S Range 88 W Sixth P.M. DISTANCES FROM SECTION LINES 800 Ft. from South Section Line 1200 Ft. from East Section Line UTM COORDINATES Northing: Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(I) and the policy of the State Engineer for appropriation of ground water tributary to Crystal Springs and Roaring Fork River system. 4) The use of ground water from this well is limited to drinking and sanitary facilities as described in CRS 37-92-602(1)(c), for a commercial business, Bed and Breakfast. Water from this well shall not be used for lawn or landscape irrigation or for any other purpose outside the business building structure. 5) Approved for the change in use of an existing well, permit no. 79109. The issuance of this permit hereby cancels permit 79109 (79109-A). Any and all other existing wells located on this parcel of 6.81 acres must be plugged and sealed according to the Water Well Construction Rules within ninety (90) days of completion of the new well. The enclosed Well Abandonment Report form must be completed and submitted to affirm that the old well was properly plugged and sealed. 6) The maximum pumping rate of this well shall not exceed 15 GPM. 7) The maximum annual amount of ground water to be diverted by this well shall not exceed 1/3 acre-foot (108,600 gallons). 8) Approved as the only well on a tract of land of 6.81 acre(s) described as SE1/4, SE1/4 section 14, twp. 7 south, rng. 88 west, 6th P.M., Garfield County, reference attached exhibit "A". 9) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 10) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 11) This well shall be constructed not more than 200 feet from the location specified on this permit. NOTE: Parcel Identification Number (PIN): 23-2393-144-00-189 APPROVED SAP Receipt No. 9500534 State Engineer DATE ISSUED APR 0 5 20 By EXPIRATION DATE APR 0 5 200 • 350 076 (0-8-0) 079 14 13 2393 T.7S.-R.88W.- SEC. 1 A 23 24 • • • Adjacent Landowners and Addresses 077- Sherman, Richard Allen & Yoneko Suzuki P.O. Box 6130 Battlement Mesa, Co 81636 079- Hallisey, Stephen 1041 County Road 112 Carbondale, Co 81623 080- Ellen Woods 1219 County Road 112 Carbondale, Co 81623 081- Weiss, Kathy 1609 County Road 112 Carbondale, Co 81623 082- Gebert, Kirk & Lisa 1217 County Road 112 Carbondale, Co 81623 198- Bowie, Scott 1260 County Road 112 Carbondale, Co 81623 199- King, Wayne 11 & Sandra 5635 East Lincoln Drive #22 Paradise Valley, AZ 85253 Page 1 NORWE_S i MiORTGAGE,INC. M.S 0583 SUITE 1000 800 LASALLE AVE. MINNEAPOLIS, MN 55402-2021 COCD-3006 -C-1 [Space Above This Line For Recording Data] DEED OF TRUST THIS DEED OF TRUST ("Security Instrument") is made on FEBRUARY 26, 1999 the grantor,GREGG PARK AND DIANNE PARK, HUSBAND AND WIFE the Public Trustee of GARFIELD NORWEST MORTGAGE, INC. , among ("Borrower"), County ("Trustee"), and the beneficiary, which is organized and existing under the laws of THE STATE OF CALIFORNIA address is P.O. BOX 5137, DES MOINES, IA 503065137 , and whose Lender"). Borrower owes Lender the principal sum of TWO HUNDRED THIRTY FOUR THOUSAND AND 00/100 Dollars (U.S. $ *****234, 000.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on MARCH 01, 2029 •. This Security Lnstrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument COLORADO -Single Family-FNMA/FHLMC UNIFORM INSTRUMENT CD-6R(CO) 197071 Page 1 of 8 Form 3006 1/91 Amended x/,91 Initials:_ VMP MORTGAGE FORMS -1800/521•7291 11 1 1 1 1 11 1 1 11 11 and the Note. For this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in GARFIELD County, Colorado: SEE ATTACHED LEGAL DESCRIPTION. *SEE ADJUSTABLE RATE RIDER THIS IS A PURCHASE MONEY SECURITY INSTRUMENT. TAX STATEMENTS SHOULD BE SENT TO: NORWEST MORTGAGE INC., P.O. BOX 5137, DES MOINES, IA 503065137 which has the address of 1213 COUNTY ROAD 112, CARBONDALE Colorado 81623 [Zip Code] ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Horne Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual ®6R(C01 19707) Initials:! Page 2 of 8 (` `l Form 3006 1/91 [Street, City], • accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. • Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the`Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may. make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30 -day period will begin when the notice is given. CD®6R1C0) (9707) Pape 3 of 8 Initials: Form 3006 1/91 Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or conunit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other teens of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially. equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one -twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. •®6R(Co) (9707) Page 4 of 8 Initials:_ Form 3006 1/91 �_ 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured inunediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by „Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrumc8t only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accorrunodations with regard to the terms of this r., Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to (2)®6RIC0) (9707) Inllials: _ Page 6 of 8 Form 3006 1/91 Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and tliis, Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. cp-6R(C0) 19707) Page 6 of 8 Initials: Form 3006 1/91 lam, As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Rerhedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrtnnent and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Lender shall mail a copy of the notice to Borrower as provided in paragraph 14. Trustee shall record a copy of the notice in the county in which the Property is located. Trustee shall publish a notice of sale for the time and in the manner provided by applicable law and shall mail copies of the notice of sale in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. After the time required by applicable law, Trustee, without • demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the -Property at any sale. Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time the purchaser will be entitled to Trustee's. deed. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall request that Trustee release this Security Instrument and shall produce for Trustee, duly cancelled, all notes evidencing debts secured by this Security Instrument. Trustee shall release this Security Instrument without further inquiry or Liability. Borrower shall pay any recordation costs and the statutory Trustee's fees. 23. Waiver of Homestead. Borrower waives all right of homestead exemption in the Property. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] Adjustable Rate Rider `'' Graduated Payment Rider ❑ Balloon Rider ❑ VA Rider � 6R(CO) 19707) ❑ Condominium Rider ❑ Planned Unit Development Rider ❑ Rate Improvement Rider ❑ Other(s) [specify] 1-4 Family Rider Biweekly Payment Rider Second Home Rider Initials Page 7 of 8 Form 3006 1/91 BY SIGNING BELOW, Borrower accepts and agrees to the terns and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: (Seal) -Borrower (Seal) DIANNE PARK -Borrower (Seal) (Scat) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower STATE OF COLORADO, GARFIELD (Seal) (Seal) -Borrower -Borrower County ss: The foregoing instrument was acknowledged before me this 26TH 'day of FEBRUARY 1999 , by GREGG PARK AND DIANNE PARK, HUSBAND AND WIFE Witness my hand and official seal. My Commission Expires: 3/y a.Q )�:......... - .s,•• 1,4 Notary Public (a)m6R(CO) (9707) Page 8 of 8 Form 3006 1/91 Les te.scrivtle•, c{ - EXHIBIT "A" 511 A tract•. of land situated in the St]SE4 of Section 14, Township 7 South, Range 88 West of the 6th Princi.Pol Fici'fdian,-Garficld County, Colorado, 'being more'• particularly` described"as follows: Beginning at a point wh.nce a brass can found in place and properly marked for"the Southeast Corner of said Section 14 bears S. 65°57'25" E. 1466.77 feet; thence N. 37°22'42" W. 162.36 feet; thence 142.66 feet along the arc of a 213.24 foot radius curve to the right, the chord of which beats N. 18°12'45" W. 140.02 feet; thence N. 00°57'13" E. 54.28 feet; thence 138.44 feet along the arc of a 99.78 foot radius curve to the right, the chord of which bears N.40°42'08" E. 127.60 feet; thence N. 80°27'08" E. 64.10 feet; thence 98.85 feet along the arc of a 195.2] foot radius curve to the right, the chord of which bears S. 85°02'32" E. 97.80 feet; thence S. 70°32'07" E. 407.82 feet; thence 59.18 feet along the arc of a 146.43 foot radius curve to the left. the chord of which bears S. 82°06'49" E. 58.78 feet; thence N. 86°18'30" E. 164.50 feet to a point on the Westerly right of way line of a County Road; thence along said Westerly right of way line the following courses and distances: S. 27°18'12" E. 18.81 feet; thence S. 22°32'25" E. 154.91 feet; thence S. 36°37'34" E. 150.20 feet; thence leaving said Westerly right of way on a course bearing S. 89°54'08" W. for a distance of 866.95 feet to the point of beginning, containing 6.81 acres more or less. Together with and subject to a 30 foot road easement as currently established and in place along the northerly and westerly boundaries of 'the above described property and as described in deed recorded as Reception :o. 261809 in book 455 at page•,565 of the Garfield County Records. And together with an easement and right of way over and across first party's property described iu•Exhibit "B" attached (hereinafter the "Saunders Property") for purposes of installing and maintaining a water pump, water supply :.ins, and rulated eyuip.ta.::: to supply domestic water from the well situate on the Saunders property which well is described in permit '1 79110 issued by. -the Colorado Division of Water Resources on May 16, 197$,which easement and right of way shall extend along and 71 feet on either side of'aline extending southerly from said well along the PVC pipe as currently`buriedand in place to the northerly boundary of the real property'hereinabove described, and said easement shall further extend around and 30 feet in all directions from the center of said well. rutin IVO. vrrll.0 yr 111C J I A l t ti. .LK GWS -25 COLORADO DIVISION OF WATER RESO 818 Centennial Bldg., 1313 Sherman St.. Denver, Colorado 80203 (303) 866-3581 APPLICANT GREG & DIANNE PARK 1213 COUNTY ROAD 112 CARBONDALE, CO 81623- (970) 963-8143 PERMIT TO CONSTRUCT A WELL WELL PERMIT NUMBER 232502 RS_C0py095 DIV. 5 WD 38 DES. BASIN MD APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 SE 1/4 Section 14 Township 7 S Range 88 W Sixth P.M. DISTANCES FROM SECTION LINES 800 Ft. from South Section Line 1200 Ft. from East Section Line UTM COORDINATES Northing: Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(I) and the policy of the State Engineer for appropriation of ground water tributary to Crystal Springs and Roaring Fork River system. 4) The use of ground water from this well is limited to drinking and sanitary facilities as described in CRS 37-92-602(1)(c), for a commercial business, Bed and Breakfast. Water from this well shall not be used for lawn or landscape irrigation or for any other purpose outside the business building structure. 5) Approved for the change in use of an existing well, permit no. 79109. The issuance of this permit hereby cancels permit 79109 (79109-A). Any and all other existing wells located on this parcel of 6.81 acres must be plugged and sealed according to the Water Well Construction Rules within ninety (90) days of completion of the new well. The enclosed Well Abandonment Report form must be completed and submitted to affirm that the old well was properly plugged and sealed. 6) The maximum pumping rate of this well shall not exceed 15 GPM. 7) The maximum annual amount of ground water to be diverted by this well shall not exceed 1/3 acre-foot (108,600 gallons). 8) Approved as the only well on a tract of land of 6.81 acre(s) described as SE1/4, SE1/4 section 14, twp. 7 south, rng. 88 west, 6th P.M., Garfield County, reference attached exhibit "A". 9) The return flow from the use of this well must be through an individual waste water disposal system of the _ non -evaporative type where the water is returned to the same stream system in which the well is located. 10) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 11) This well shall be constructed not more than 200 feet from the location specified on this permit. NOTE: Parcel Identification Number (PIN): 23-2393-144-00-189 0, 57, s•o/ AIIIPROVED P Receipt No. 9500534 State Engineer DATE ISSUED APR 0 C 20 / f � By EXPIRATION DATE APR 0 5 20 COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., RM 818, DENVER, CO 80203 phone — info: (303) 866-3587 main: (303) 866-3581 fax: (303) 866-3589 http://www.water.state.co.us GENERAL PURPOSE !Water Well Permit Application Review instructions on reverse side prior to completing form. The form must be completed in black ink. Office Use Only Form GWS -45 (1/2001) RECEIVED N113011 WATER R€SOUNCES STATE ENGINEER QLENWOCFJ 1. Applicant Information Name of applicant llvvf� re bia+�FN. C_ '---Par*- k ... bb.... ailing a ress ) Cort' el -my ......_State.. i n(CJ2 _....CO one A ` ( 970 ) Zip code g'/�p23 6. Use Of Well (check applicable boxes) Attach a detailed description of uses applied for. ❑ Industrial O Municipal ❑ Irrigation Commercial ❑ Other (describe): MA:t '%3 CNC 7. Well Data (proposed) 2. Type Of Application (check applicable boxes) (q Construct new well 0 Replace existing well ❑ Change source (aquifer) ❑ Other: ❑ Use existing well 0 Change or increase use 0 Reapplication (expired permit) Maximum pumping rate Annual amount to be withdrawn LS........9Pm ,......_ //,.a.... -acre-feet Total depth Aquifer feet 3. Refer To (if applicable) Well permit # Designated Basin Determination X Water Court case # Well name or # 4. Location Of Proposed Well County SE r•cjC. 1/4ofthe S`-- 1/4 Section Township N or S Range E or W Principal Meridian 8. Land On Which Ground Water Will Be Used A. Legal Description imay be provided as an attachment): (If used for crop irrigation, attach a scaled map that shows irrigated area.) B. N Acres C. Owner istance of well from section lines (section lines are typically not property lines) ,P0 I!) Ft. from ❑ N X S /200 Ft. from REOW For replacement wells only -distance and direction from old well to new well feet direction Well location address (if applicable) Optional: GPS well location information in UTM format Required settings for GPS units are as follows: Format must be UTM Zone must be13 Units must be Meters Datum must be NAo27 (CONUS) Unit must be set to true north Were points averaged? EYES ❑ NO Northing Easting . List any other wells or water rights used on this land: 9 Proposed Well Driller License #(optional): /0,S-- 10. p,S--10. Signature Of Applicant(s) Or Authorized Agent The making of false statements herein constitutes perjury in the second degree, which is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104 (1311a). I have read the statements herein, know the contents thereof and state that they are true to my knowledge. Sign here (Must be original signature) Date Priname title rJr� CWhC►^ .3/19/0) 5. Parcel On Which Well Will Be Located A. Legal Description (may be provided as an attachment): B. i of acres inparcel C. Owner ,—IJ SC,. r,, his be the only well on this parcel? YES ❑NO (if no - list other wells) E. State Parcel ID# (optional): Office Use Only USGS map name DWR map no. . Surface e)ev. Receipt area only WE WR CWCB TOPO MYLAR S85 DIV WD BA MD • ()OStc • • ez,e_ Cal cANt.DA. 0 r\S F}- 1- C0.b1N" o p� e a do,y S p cr w C e- 5�. w�.e,k.S a..�" '30 o5a 1 V rt, r3 c r' p" 1--)9,9z-CD etople e da-ys 0,.-1-- o Do I. I ci,y 5g, `f OO (ev (evs b —7-0-1-0.\ -7- )0 ,c3;—c) FORM NO. GWS -42, 07/93 STATE OF COLORADO OFFICE OF THE STATE ENGINEER 818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203 (303) 866-3581 PRIOR TO COMPLETING FORM, SEE INSTRUCTIONS ON REVERSE SIDE • APPLICATION FOR WELL LOCATION AMENDMENT WELL PERMIT NUMBER 7 G 11 2. WELL OWNER NAME(S) .r.Q,ct -}- TJ Bann Mailing Address 12/.2 ) /2 - city, Zcity, st. zip .0 1..cb.o n c/,..L-r Co IORr.w.c' $ t 6 -1 3 rK -f- 2+k w6 S Phone (57/7) ah3-1311/3 For Office Use only . , % E C AUG 2 4 '00 WAiLR RESOURCE 5 STATE ENGINEE - GLENW000 3. ACTUAL WELL LOCATION: COUNTY 6f r[ f (c L-% OWNER'S WELL DESIGNATION (Address at well location) (City)Fff (State) P13) •1/4 of the 5 E, 1/4, Sec. 1 Twp. / SO , Range -6.f,. , P.M. (North or South) (East or West) Distances from Section Lines 9 Ft. from vc i Section Line, Ft. from (North or South) Subdivision Lot Block (East or West) Section Line. Filing (Unit) The location of the existing well needs to be amended for the following reason(s): (Attach appropriate documentation as necessary) To CLar •c..,) L.0coc ►on 0-c P_a/)+�;-� is / 91 09 - 7 9 I )b • lv,szr.� t n pa }p✓ 7 -zd, J�jj Cecte4 we1f 1 t 4-yvt-(11".t. cGe 5. I (we), the above listed owner(s) own the well described herein. I (we) have read the statements made herein, know the contents thereof, and state that they are true to my (our) knowledge. [Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in the second degree and is punishable as a class 1 misdemeanor.] Name\Title (Please type or print) /v)2 �r�G 1RR Sign FORCE USE ONLY Date State Engineer By Date Court Case No. Div. S Co. Z3 . WD 3 g Basin MD rBK - 7 /61f • ;. 7 .'ED . AUG 24'00' j[:k RESOURCES STATE ENGINEER CJ ENWOOD TII5 a eement made and entered into this 5th'.•- •day %.11'.'V 1 ! . g r • .' , ,1: , .. 1 �,.p�ir. . of December , 1979, by and between MARGARET W.. ,I!',.:..:J c.t,ei/ ��rn,; SAUNDERS, (hereinafter referred to as 'first party' )„and`^ :• ,; t-�rt •,`^h'1tt ' i SUZANN L. RESNICR and ROBERT REGULSKI, (hereinafter;•referred,•,,. •C.e! to as 'second parties') , WITNESSETH i '',`.'.� : i` S •;-'�,2'� '�.;?rh' wHEREAS, by deed of even date' herewith, first party hash i,x ;S lh : conveyed to second parties 6.81 acres, more or less,, ad:e:r':';.�'i�:x� •'Y �� .. �aaV^u t described on Exhibit 'A' attached hereto and'incorporatedX• .. ` r..�r„ eW herein by this reference; and• ti`{� ..‘ X i;” ,' �Jh emir - WHEREAS, first party has retained and is nox`'the'brmer-a.-.,.y�. c:4,- LL of that parcel of real property described' on Exhibit."9'.'i'.t1;I'.q and ,t. • t , ., •f ''t..,,, WHEREAS, first party has drilled and:constructed: domestic water well on said retained parcel',which':well;'is';f;:)... described in Permit 179110 issued by the Colorado Department'•` of Water Resources on May 16, 19751 and WHEREAS, the parties have reached ;an :agreement with ;`;'4, {' 1ti 4JP'.Ng f regard to the .ownership 'of the water rights .in' said well andl'..r ', the sharing of the water therefrom and . the maintenance andl, ,;7:.r'z" ` '1 operational costs incurred in. connection with said well, -, and d•-;..1.`� t now wish to reduce their agreement to writing. ...•:-,..;A*,^ _�; NOW, THEREFORE, for and in consideration of the covenants ,��'�u i 4L and agreements herein contained, the parties hereto hereby:7 agree as follows: ' 1. Water System Ownership. The above described water.•;,.' well to be utilized under, said Permit 179110, together••4.th :,,• the water and water rights appurtenant thereto and the pump .., and related equipment necessary to produce water from said :' well, shall be owned equally , (each as to an undivided one- half interest) by first party. and second parties.The parties. shall equally share. the cost of installing a pump in said' •ae11, which pump shall be' installed upon the issuance of a 4. '7 7- RECEIVE: AUG 2 4 '00 fER RESOURCES STATE ENCINE.ER• 'GLE N/WOG° • building permit for the construction or a resieential structure on either of the above referenced parcels, and said pump shall ba't;,;; of adequate size to supply the domestic water needs of a single •K;—:r•.-�?l• family residence on both of said parcels. Thearties shall each bear the cost tnstalling water P supply lines from said well to their'respective properties ,and - sr. shall shall bear the.cost of installing and operating water.storage;and:t`:•: other facilities in connection with their utilization of said `. '.'•'.• water on their respective properties.. 2. Maintenance Easement., By deed of even date herewith,'.. first party has granted to second parties an easement.•and right'. of way for the installation and maintenance'of said well, pump. and water supply line to second parties' above described property.. 3. .Water Meters. The owner or owners of each of the above '•...,''.•, described parcels shall, prior to commencing use of water from said well, install a volumetric water flow meter on their respective:'; .+ property for the purpose of measuring the water delivered to each'•';,:' ti of said parcels from said well. 4. Water System Maintenance. The parties hereto or their.,;';'• successors in interest to said parcels, vhall equally share the costs and expense of maintaining the water well, pump and related• equipment necessary in the production of water from said well for its common use on said parcels. 5. Operational Costs.. The monthly cost ofoperating the water pump and water delivery system as above described, including,•;•; electrical expenses, shall be apportioned between the parties.on ' the basis of the percentage of total gallons of water received on" each parcel from said well as measured by.the above described volumetric water flow meters. 6. Disconnection From Water Supply. In the event the owner or owners of either of said parcels desires to discontinue the use of water from the above described well, such owner may disconnect from said well and, upon giving writtennotice of such disconnection to the owner or owners of the other parcel, and upon conveyance of the disconnecting owner's interest in said well and water rights therein to .the owner of the other parcel, said disconnecting owner shall be relieved of any further obligation R RECEIVE • AUG 2 4 '00 WA FUR H€ScithIlocES STATE EA1GM EER l; • to.pay:the„coat,of maintaining and operating said well and pump:. provided,. however, such disconnecting owner shall remain fully •liab1e',for,'•hie: share of any maintenance and operational expenses ��•_.:'Incurred priorrto,such,.aieconnection1Sand such diaconm•ctin +`....owner".shall not: thereafter tbe allowed to reconnect to said well ', :f;.without having' first'obtaihed the'written consent of the owner orr` ownera,of the}'other..-parcel:.then utilising said. well.• In the ti • eveniC disconnection by the owner or owners of a'parcel ;f'ram:the:well•an provided in thi paragraph, the maintenance and ";'•;,operational expenses•thereafter incurred in connection with said ,' wel:i�'and;water system shall be borne by the owner or .owners of Vit:{;rfn;..,; ;.:•. L;'/' ` `ter �t�..; ' a'.the.parcel,.utzing,the same • of Common Expenses. An coats •• •'• !"•••''47•77.'• `�,f �, t }r x Y or expenses 'to i� •be. paid by,rthe:•o:mer•or owners: of the real property, the subject;; .-''of,''thia:.:,;tgreement,;shall be paid by such owner .or owners within • • ;,. �: •r 15. days`,af - r 'receiving notice of such cost or expense. In the owner fails -to' pay any such cost or e L'�T. t•Gs.;1t ,`; , ..:,. •�.;., expense' -within said :t'1''.1. 1A5''day-period, .the.•owner or owners of the other parcel, having • �peid.their share of any such expense, may discontinue the supply •, ' ol;.water toi',sach non=paying owner or owners .until payment. is ,y.rtreceived.--and`may,exercise• such other legal and equitable remedies • ne".are;.atailable.:to enforce the said payment. Any provisions '•herein•to the contrary notwithstandin •,(�,:j„�,;p•,. q any cost or'expenses }vr'auant'to..this agreement, together with recording k7"^�"tt.,)fees court costs andreasonable. attorney's fees incurred in the• ''reoIlec�tion r thereof ,'shall be and become a lien against the • {4;$.1414] ,i;parcel owned by .the non-paying owner or owners. •.' -4'1'4' '.'8 :•Covenant Running with Land. The terms and • conditions f. t.hisi:.agreement'shall:becovenants running with the real pFoperty\hereinabove-described,' and shall continue in full force• • c�r.`t :tip,,. ti,:..<; •.' (, .. _ ... :,;;;and..e.ffect;until amended or terminated by written instrument ,�M.',-lexecuted;by_all.of the owners of said real property., • '-3- 5-4 / fiy z3 W RECEIVED AUG ,24 '00 1" ^ i HI SOJRCES 5Tt'TE_ N.,Dr.EEP ' GLE:NOCOD 'S. ':2til7es. Nocice as hcrelnaoove required shall be deemed delivered upon being placed in the United States Mail, postage prepaid, and bearing the address of the owner or owners of said property as shown in the records of the, office of the assessor of Garfield County, Colorado. 9. Binding Effect. This agreement shall be binding • upon and inure to the benefit of the respective heirs,, successors and assigns of the parties hereto. STATE OF TEXAS ) • ) ss. COUNTY OF B1 -CAR ) Margaret Saunders Suzann o•ert Rcguls Subscribed and sworn to before me this ,j day of 9 1979, byMargaret W..Saunders.• Q. 9 Witness my hand and official seal. My commission expires: / /19 :80 STATE OF COLORADO COUNTY OF GARFIELD Subscribed and sworn to before me this ) 99 Noy/Try Public 1979, by Suzann L. Resnick Witness my hand and official seal. My commission expires:( -/3 -'?a- 1371' day of r J and Robert Regulski: 1 Notary Public y�� ' 4• ,t1 ll71(.r; �"• • ,1 ` if i,�•l �•,r. 1, E IVSD • AUG 2 4 'OQ • H RESOURCES STATE ENG1NEER • GL E i+4WOOD ' 600f. rant Ni A tract of land situated in the S4SE4 of Section 14, Township 7 South, Range 88 West of the 6th Principal Meridian, Garfield County, Colorado, being more particularly described as follows: Beginning at a point whence a brass cap found 1n place and proper!.y marked the Southeast Corner of said Section 14 bears S. 65'57'25" E. 1466.77 feet; thence N. 37'22'42" W. 162.36 feet; thence 142.66 feet along the arc of a 213.24 foot radius curve co the right, the chord of which beers N. 18'12'45" W. 140.02 feet; thence N. 00'57'13" E. 54.28 feet; chence 138.44 feet along the arc of a 99.78 foo: radius curve co the right, the chord of which bears N.40.42'08" E. 127.00 feet; thence N. 80'27'08" E. 64.10 feet; thence 98.85 feet along the arc of a 195.21 fuot radius curve co the right, the chord of which bears S. 85'02'32" E. 97.80 feet; thence 5. 70'32'07" E. 407.82 feet; thence 59.18 feet along the me of a 146.43 foot radius curve to the left, the chord of which bears S. 82'06'49" E. 58.78 feet; thenceN. 86'18'30" E. 164.50 feet to a point on the Westerly right of way line of a County Road; thence along said Westerly right of way line the following courses and distances: S. 27'18'12" E. 18.81 feet; thence S. 22'32'25" E. 154.91 feet; thence S. 36'37'34" E. 150.20 feet; thence leaving said Westerly right of way on a course bearing S. 89'54'08" W. for a distance of 866.95 feet to the point of beginning, containing 6.81 acres more or lees. Together with and subject to a 30 foot road easement as currently established end in place along the northerly and westerly boundaries of the above described property and as described in deed recorded as Reception No. 261809 in book 455 at page 565 of the Garfield County Records And together with an easement and right of way over and across first party's property described in Exhibit "B" attached (hereinafter the "Saunders Property") for purposes of installing and maintaining a water pump, water supply line, and related equipment to supply domestic water from the well situate an the Saunders property which well is described in permit 079110 issued by the Colorado Division of Water Resources on May 16. 1975,which easement and rig;•,[ of way shall extend along and 74 feet an either aide of a line extending southerly from said well along the PVC pipe as currently buried and in place to the northerly boundary of the real propertyhereinabove dt.gcrlbed, and said easement shall further extend around and 30 feet in all directions from the center of said well. w 7.1VED • NUG 2. 4 '0O RE.SOOI CES E ENGINEER GlE NW000 A tract of land situated in the SE; of Section 14, Townchlp 7 `south, Range.88 West of the 60 Principal Meridian, Garfield County, Colorado,:'. being more particularly described an follows, • ;i Beginning at a point on the Westerly right of way line of a County Road whence a brass cap found in place and properly marked for the Southeast Corner of said Section 14 bears 5 J5°37'28" E 1081.92 feet: thence along said Westerly right of way line on the following courses, N 27°18'12" W 74.98 feet: thence N 33°54'45" W 108.14 feet: thence. . N 56°28'3)" w 95.94 feet; thence N 38°44'00" W 368.27 feet: thence ' N 26°45'10" W 181.91 feet: thence N 52°16'12" W 117.88 feet: thence N 22°4)'44" W 6.51 feet: thence leaving said Westerly right of way . line on a course bearing S 59°10'17" N for a distance of )6).00 feet: thence S )0°49'43" E 50.00 feet: thence S 06°06'77" E: 410.96 fent: thence 66.92 feet along the arc of a 99.78 foot radius curve to the right, the chord of which bears N 61°14'23" E 65.67 feet: thence N 80° 27'08" E 64.10 feet: thence 98.85 feet along the arc of a 195.21 foot radius curve to the right, the chord of which bears S 85°02'32" E 97.80 feet thence S 70°)2'07" E 407.82 feet: thence 59.18. feet along . .the arc of a 146.43 foot radius curve to the left, the chord of which bears S 82°06'49" E 58.78 feet: thence N 86°18'30" E 164.50 feet to the point of beginning, containing 7.80 acres more or lens, and sub- ject to and together with a 30 foot wide road easement recorded as Reception No. 261809 in Book 455 at Page 565 of t'.e records of the Clerk and Recorder of Garfield County, Colorado, and subject to a 50 foot wide access easement lying southerly of and adjacent to the'. ''Northerly line of the above described tract of land. r. t`•_";.moi':.• .. • - .r •. ti �•r • ZS8£-298-4:02' ,• • ..D103 31VONO8HV0 IZI X06 '.;j::.(/// 3`'.7)3JVO9/DN/7"(3NOR-S-`.: : .:` . 2VdS NI: SAN/.7. a •'v - . r?rr `"?9": 11.9! ?8:.va(.`'SL.:L h?; _ -.. I,2Sx1S :.,► 7WO)-.•-TD134,-1, ri • II AO tsn 11, 1.3 to n._ 0 R P • i►_ VI r' N 6: r 0 la'ra • / • j Pi cn N /: I �� ON ti - N o . . c<: .:, Cr • � .c; t-• . fl N,a.''l 0 .. '••` 0.. ` ..,. rt. !D . t . PI, I ?I i ;.c \N J -4 , M 0 •0 •0 a •ID • H n 0 • • • r 0 ti 0 O 0 O an O 3 0 C APPLICATION 6amfitimrai Use Permit GARFIELD COUNTY PLANNING DEPARTMENT 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Telephone: 970.945.8212 Facsimile: 970.945.7785 Submittal Date: 02 —/ 4-01 Base Fee: 5 - Applicant: Dian/26 PO/21C. Address of Applicant: /213 gni // a 'J(vaj Telephone:97O %3'E) 3 Special Use Being Requested: Zone District: ! ' r..1R- Size of Property: (p , 1S I' C2ciLe4.) Application Requirements: These items must be submitted with the application Lei FEB 1 r 2007 ,' 1] 4.2] • 3] 4] f- 5] A 6] 0# 7] Plans and specifications for the proposed use including the hours of operation, the amount of vehicles accessing the site on a daily, weekly and/or monthly basis, and the size of any existing or proposed structures that will be utilized in conjunction with the proposed use. Please submit this information in narrative form and be specific. If you will be using water or will be treating wastewater in conjunction with the proposed use, please detail the amount of water that would be used and the type of wastewater treatment. If you will be utilizing well water, please attach a copy of the appropriate well permit and any other legal water supply information, including a water allotment contract or an approved water augmentation pian. A map drawn to scale poitiaying your property, all structures on the property, and the County or State roadways within one (1) mile of your property. If you are proposing a new or expanded access onto a County or State roadway, submit a driveway or highway access permit. A vicinity map, showing slope of your property, for which a U.S.G.S. 1:24,000 scale quadrangle map will suffice. A copy of the appropriate portion of a Garfield County Assessor's Map showing all public and private landowners adjacent to your property. Include a list of all property owners and their addresses. Attach a copy of the deed and a legal description of the property. If you are acting as an agent for the property owner, you must attach an acknowledgment from the property owner that you may act in his/her behalf. You must submit an impact statement consistent with the requirements of Sections 5.03, paragraphs 1 thru 3, detailing the impact of your proposed, conditional use. The consideration of this proposed Conditional Use will require at least one (1) public meeting, for which public notice may not be required. However, in the discretion of the Board of County Commissioners, the consideration of this proposed Conditional Use may require at least one (1) public hearing, for which public notice must be provided. The Planning Department will mail you information concerning the public meeting hearing(s), approximately 30 days prior to the scheduled hearing. You will then be required to notify, by certified return receipt mail, all adjacent landowners and publish the notice provided by the Planning Department, in a newspaper of general circulation. Both these notices must be mailed/published at least 15 days prior to the public hearing. The applicant shall bear the cost of mailing and publication and proof of mailing and publication must be submitted at the time of the public hearing. 411, The information contained wi this application is complete and correct, to the best of my knowledge: Applicant: Date: 2 —200/ • • • Application Con ditiena-i Use Permit 1) Hours of operation will be 72 hours per week. 1) The amount of vechicles will be 9 per week. 1) The size of the existing and proposed structures are 1) Cabin -626 square feet. (existing) 2) Dwelling unit above garage -784 square feet. 3) Main House -1108 for sleeping and 1305 for guest eating and entertainment. Page 1 1 Form No. GWS -25 APPLICANT 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 COLORADO DIVISION OF WATER RESOURC.QWNSCOPy (303) 866-3581 OFFICE OF THE STATE ENGINEER GREG & DIANNE PARK 1213 COUNTY ROAD 112 CARBONDALE, CO 81623- (970) 963-8143 PERMIT TO CONSTRUCT A WELL .R ' 1095 WELL PERMIT NUMBER 79109 A DIV. 5 WD 38 DES. BASIN MD APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 SE 1/4 Section 14 Township 7 S Range 88 W Sixth P.M. DISTANCES FROM SECTION LINES 768 Ft. from South 1284 Ft. from East Section Line Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Purnp Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(c) for the relocation of an existing well, permit no. 79109. The old well must be plugged in accordance with Rule 16 of the Water Well Construction Rules within ninety (90) days of completion of the new well. The enclosed Well Abandonment Report form must be completed and submitted to affirm that the old well was plugged. 4) Approved as a well on a tract of land of 6.81 acres described as that portion of the S 1/2, SE 1/4, Sec. 14, Twp. 7 South, Rng. 88 West, 6th P.M., further identified as 001213 County Road 112, Garfield County, more particularly described on the attached exhibit A. 5) The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than one (1) single family dwelling, the irrigation of not more than one (1) acre of home gardens and lawns, and the watering of domestic animals. 6) The maximum pumping rate of this well shall not exceed 15 GPM. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. NOTE: Parcel Identification Number (PIN): 23-2393-144-00-189 NOTE: Assessor Tax Schedule Number: 011457 APPROVED DMW ,Receipt No.9500153 State Engineer DATE ISSUED AUG 2 3 2000 eEXPIRATION DATE AUG 2 3 200 • 14 • • Application conditional use permit Application Conditional Use Permit Per Item *2: estimated weekly water usage, between 1800 and 2400 gallons. Type of wastewater treatment: septic system, size to be determined based on Garfield County building and sanitation department requirements and percolation test results• Page 1 • • • Application conditional use permit Adjacent Landowners and Addresses 077- Sherman, Richard Allen & Yoneko Suzuki P.O. Box 6130 Battlement Mesa, Co 81636 079- Hallisey, Stephen 1041 County Road 112 Carbondale, Co 81623 080- Ellen Woods 1219 County Road 112 Carbondale, Co 81623 081- Weiss, Kathy 1609 County Road 112 Carbondale, Co 81623 082- Gebert, Kirk & Lisa 1217 County Road 112 Carbondale, Co 81623 198- Bowie, Scott 1260 County Road 112 Carbondale, Co 81623 199- King, Wayne 11 & Sandra 5635 East Lincoln Drive #22 Paradise Valley, AZ 85253 Page 1 •.758377.; 4 ee'P NORWESj MORTGAGE,INC. M.` . 0583 SIJ TE 1000 Sot) ,._A:. ALLE AVE. MINNEAPOLIS, MN 55402-2021 COCD-3006-C-1 [Space Above This Line For Recording Data] DEED OF TRUST THIS DEED OF TRUST ("Security Instrument") is made on FEBRUARY 26, 19 9 9 the grantor,GREGG PARK AND DIANNE PARK, HUSBAND AND WIFE , among Uf ("Borrower"), the Public Trustee of GARFIELD County ("Trustee"), and the beneficiary, NORWEST MORTGAGE, INC. ((j which is organized and existing under the laws of THE STATE OF CALIFORNIA , and whose 0 address is P.O. BOX 5137, DES MOINES, IA 503065137 ("Lender"). Borrower owes Lender the principal sum of TWO HUNDRED THIRTY FOUR THOUSAND AND 00/100 Dollars (U.S. $ *****234,000.00 ). ?'-c) This debt is evidenced by Borrower's note dated the sante date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on MARCH 01, 2029 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument • COLORADO -Single Family-FNMA/FHLMC UNIFORM INSTRUMENT Form 3006 1/91 ITZ-6R(CO) (9707) Amended 1 Page 1 of 8 - Initials: VMP MORTGAGE FORMS - (800)521-7291 11 1 1 1 1 11 1 1 11 11 and the Note. For this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in GARFIELD County, Colorado: SEE ATTACHED LEGAL DESCRIPTION. *SEE ADJUSTABLE RATE RIDER THIS IS A PURCHASE MONEY SECURITY INSTRUMENT. TAX STATEMENTS SHOULD BE SENT TO: NORWEST MORTGAGE INC., P.O. BOX 5137, DES MOINES, IA 503065137 which has the address of 1213 COUNTY ROAD 112 , CARBONDALE Colorado 81623 [Zip Code] ("Property Address"); [Street, City], TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; slid (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual Initials: (rjr)-6R(CO) (9707) Page 2 of 8 ,y ^ Form 3006 1/91 No • • • accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in tli. Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30 -day period will begin when the notice is given. 4::r?�6R(CO) (9707) Page 3 of 8 Initials,/ Form 3006 1/91 • • • Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. =� S. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one -twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. �yR o6(CO) (9707) Initials: Page 4 of 8 .�'C/ Form 3006 1/91 • 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security InstrunieM only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Initials:___, ®6R(CO) (9707) Page 5 of 8 Form 3006 1/91 Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and thAs Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Initials: cz.o6RICO) (9707) Page 6 of 8 Form 3006 1/91 ti • • As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Lender shall mail a copy of the notice to Borrower as provided in paragraph 14. Trustee shall record a copy of the notice in the county in which the Property is located. Trustee shall publish a notice of sale for the time and in the manner provided by applicable law and shall mail copies of the notice of sale in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law. After the time required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time the purchaser will be entitled to Trustee's deed. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall request tIiht Trustee release this Security Instrument and shall produce for Trustee, duly cancelled, all notes evidencing debts secured by this Security Instrument. Trustee shall release this Security Instrument without further inquiry or liability. Borrower shall pay any recordation costs and the statutory Trustee's fees. 23. Waiver of Homestead. Borrower waives all right of homestead exemption in the Property. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] Lx_. Adjustable Rate Rider Condominium Rider 1-4 Family Rider Graduated Payment Rider Planned Unit Development Rider Biweekly Payment Rider Balloon Rider Rate Improvement Rider Second Home Rider VA Rider Other(s) [specify] -6R(CO) (9707) Inti als Page 7 of 8 Form 3006 1/91 • • • BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: (Seal) (Seal) -Borrower (Seal) DIA -NNE PARK -Borrower (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower STATE OF COLORADO, GARFIELD County ss: The foregoing instrument was acknowledged before me this 26TH day of FEBRUARY 1999 ,byGREGG PARK AND DIANNE PARK, HUSBAND AND WIFE Witness my hand and official seal. My Commission Expires: /y/ acc, C)-6R(CD) (9707) Notary Public Page 8 of 8 Form 3006 1/91 ✓ EXIITBIT "A" A tract of land situated in the SNSEli, of Suction 14, Township 7 South, Range 88 West of the 6th Princi:nal Mcridicn, Garfield County, Colorado, being more particularly'described"as follows: Beginning at a point whance a brass can found in place and properly marked for the Southeast Corner of said Section 14 bears S. 65°57'25" E. 1466.77 feet; thence N. 37°22'42" W. 162.36 feet; thence 142.66 feet along the arc of a 213.24 foot radius curve to the right, the chord of which beats N. 18°12'45" W. 140.02 feet; thence N. 00°57'13" E. 54.28 feet; thence 138.44 feet along the arc of a 99.18 foot radius curve to the right, the chord of which bears N.40°42'08" E. 127.60 feet; thence N. 80°27'08" E. 64.10 feet; thence 98.85 feet along the arc of a 195.2] foot radius curve to the right, the chord of which bears S. 85°02'32" E. 97.80 feet; thence S. 70°32'07" E. 407.82 feet; thence 59.18 feet along the arc of a 146.43 foot radius curve to the left. the chord of which bears S. 82°06'49" E. 58.78 feet; thence N. 86°18'30" E. 164.50 feet to a point on the Westerly right of way line of a County Road; thence along said Westerly right of way line the following courses and distances: S. 27°18'12" E. 18.81 feet; thence S. 22°32'25" E. 154.91 feet; thence S. 36°37'34" E. 150.20 feet; thence leaving said Westerly right of way on a course bearing S. 89°54'08" W. for a distance of 866.95 feet to the point of beginning, containing 6.81 acres more or less. Together with and subject to a 30 foot road easement as currently established and in place along the northerly and westerly boundaries of 'the above described property and as described in deed recorded as Reception 3o. 261809 in book 455 at page.565 of the Garfield County Records. And together with an easement and right of way over and across first party's property described in•Exhibit "B" attached (hereinafter the "Saunders Property") for purposes of installing and maintaining n water pump, water supply line, and related equipae..t to supply domeatic water from the well situate on the Saunders propettty which well is described in permit #79110`issued by the Colorado Division of Water Resources on May 16, 197S,which easement and right of way shall extend along and 71 feet on either side of a line extending southerly from said well along the PVC pipe as currently buried and in place to the northerly boundary of the real property hereinabove described, and said easement shall further extend around and 30 feet in all directions from the center of said well. ex41- s .LnZ�tnl+ D� • • • Application conditional use permit Conditional and Special Uses (Section 5.03 Paragraphs 1-3) (1) ,Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be in conjuntion with the proposed use;(A97-60) Response: In reguards to adequate water supply see attached well permit #79109. Currently we have 1/2 interest in well permit #79110, which provides water for our cabin. This well provides more than adequate water supply for us. Well permit #79109 well will be drilled approximatly 500 feet from our existing well (well #79110). Well pump test results dated August 16th 1988 for well permit #79110 availble upon request. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; Response: No street improvements required. Snow removal and road repair provided by interested parties involved. (Private Road). (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences of landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; Response: No installations referenced above required. Any minimal lighting/signs shall protect established neighborhood character. Page 1 • • 12/ejl:1N 213 '99 07: 03H11 REAL, VATE CORNER GliEEMAWN CARD :m r.••• ..... ' • 4T;4:•••Pirl,ig.:44; 14•• •• \VP. • • • • 4,1'4 • 1, (•"-•!• P I •.; r r '• 11.47 • ", • ji 0 DO .t• • • „1:Ft0,1. ktitri ;,• , "11.. ▪ , ••••• A! • STATI P. AriE 451 • .„•ke,} e • , •;;It ••,••••, 't ' •,• •(•, . 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