Loading...
HomeMy WebLinkAboutApplication-PermitProject Address 000101 MONUMENT RIDGE RD PARACHUTE, CO 81635 - Garfield County Building & Planning Department 108 8th Street Suite 401 Glenwood Springs, CO 81601 - Phone: (970)845.8212 Fax: (970)384.3470 Parcel No. Issue Date; 12/16/2009 Expires: 06/14/2010. Subdivision Section 240720226010 MONUMENT RIDGE SUB-D1V Owner Information Address Phone Township 20 7 Cell Range Kevin Coleman PO BOX 6065 Battlement Mesa CO 81635 970-285-0398 Contractor(s) Phone Primary Contractor Tapestry Builders (970)285-0398 Yes Proposed Construction / Details single family dwelling on crawl space with covered patio & attached garage/storage FEES DUE Fee Amount Plan Check Fee $988.10 Residential Building Fee $1,520.15 Total: $2,508.25 Valuation: $ 193,137,52 Total Sq Feet: 2014 FEES PAID Inv Total P Atr t Paid Amit Due Inv # BLRE-11-09-19908 $ 2,508.25 Check # 1835 Check # 10110 $1,596.59 $911.66 $ 0.00 Required Inspections: For Inspections call: 1(970)384-5003 nspection IVR Building Department Copy Wednesday, December 16, 2009 2 GARFIELD COUN"IY BUILDING PERMIT APPLICATION 108 8th Street, Suite 401, Glenwood Springs, Co 81601 Phone: 970-945-8212 / Fax: 910-384-3470 / Inspection Line: 970-384-5003 www.garfield-county.cotn 1 Parcel No: (this information is available at the assessors office 970-945-9134) 207 07 Zo2, . 21g, 010 10 • 2 Job Address: (if all address has not been assigned, please provide CL Hwy or Street Name & City) or and legal descaption 101 Monument Ridge Road CO` ` Co gi‘5 3 Lot No: Block No: Subd./xe tion: 70 Monument tinge Subdivision 4 Owner: (property owner) Kevin Coleman Mailing Address: P 0 B 6065 Battlement Mailing Address: P 0 Box 6065 Battlement Ph: Mesa 285-0398 Ph: Mesa 285 -03,8 Alt Ph; ,{Alf'` , L� of 5 Contractor: `Tapestry Builders - D.J Vi stn Fnginpo6 Architect / Engineer: rinp Mailing Address: artnr1 Jiincti on Ph: 241-7247 t 0 ~t✓'L',`'19 7 Sq. Ft. of Building: 2000 Sq. FL or Acres of Lot: 6.29 acres Height:2 2 No. of Floors: 8 (� Use of Building: S g ' ` .. b(\jcvt�� .'C Residence iU.�3 9 Describe Work: Build new 3BR,2BA, Stucco, Comp Rood'. 10 Class of Work: Xi New o Alteration o Addition 11 Garage: Na Attached o Detached Septic: VISDS o Community 12 Driveway Permit:Exenip o per Jake Ma Owners valuation of Work: $ - Authority. This application for a Building Permit must be signed by NOTICE the Owner of the property, described above, or an authorized agent. If the signature below is not that of the Owner, a separate with this Application. legal and adequate access to the property for purposes of inspections by the Building Department. Electrical Permit, (2) County ISDS Permit, (3)another permit required for usean the property identified above, e.g. State or Discharge Permit. authorized is not eomrneeced within 180 days of the date of issuance and if work is suspended or abandoned far a period of 180 CERTIFICATION contained above is true and rxairect. 1 understand that the Building Department accepts the Application, along with the plans based upon my certification as to accuracy. a Building Permit will be issued granting permission to me, as Owner, toconstract thestntctue(s) and facilities detailed on and my agents will comply with provisions of any federal, state or local law regulating the work and the Garfield County Building Regulation(s)). I acknowledge that the Building Permit may be suspended or revoked, upon notice from the County, if the location, arenot in compliance with County Regulation(s) or any other applicable law. described above, to inspect the work. 1 further acknowledge that the issuance of the Building Permit docs not prevent the if any, discovered atter iksuwce; or (2) stopping construction or use of the structure(s) or facility(ies) if such is in violation work by the Building Department do not constitute an acceptance of -responsibility or liability by the County of errors, omissions compliance with federal, state and local laws and County Regulations rest with me and my authorized agents, including without THE NOT EI2TIFIIC TION ABOVE: letter of authority, signed by the Owner, must be provided Legal ASSess. A Building Permit cannot be issued without proof of Other Permib. Multiple separate permits may be required: (I )State County Highway/ Road Access or a State Wastewater Void Permit. A Building Permit becomes null and void if the work days after commencemeent I hereby =Fib. that I have read this Application and that the information and specifications and other data submitted by me or on my behalf (submittals), Assuming completeness of the submittals and approval of this Application, the submittals reviewed by the Building Department. In consideration ofihe issuance of the Building Permmit,1 agree that 1 Code, ISDS regulations and applicable land use regulations (County construction or use of the structure(s) and facility(ies), described above, I hereby grant permission to the Building Department to eater the property, Building Official from: (1) requiring the correction of errors in the submittals, ofCormtyRegulation(s) or any other applicable law. Review of this Application, including submittals, and inspections of the or discrepancies. As the Owner, 1 acknowled ibility for limitation my architect designer, engin d/ 9 uc , 111EREBY ACKNOWLEDGE TI -1/), HAv'E I t-. r rERSTAND OWNERS SIGN U ' : " DA STAFF USE ONLY S 'al Co niers: lir Pte6._.. .f co,,Jiki,,j Adjustedf/��fV�faluca+tiion: }jj Plan C�yheck Fee: Permit Mario hoe Fee: Misc Fees: 7S Fee: `. ' r 1a) Total'Fees: " V 1 , f.+ Feas1(111.(vPaid: }t�f 64 Balance Due: 144q.41 BP BP�r�Ny()o & Issue Date: ISIS No & IssuedCDate: `�"' `" 1 - D.J Setbacks: OCC Group:r U Const Type: tre Zoning: BLIDIG DEFT: \\&aAkk. WeVol APPA VAI. DATE P NG DEPT:‘ c,� � \!k:1,t APPROVAL DATE The following items are required by Garfield County for a final Inspection: 1) A final Electrical Inspection from the Colorado State Electrical Inspector. 2) Permanent address assigned by Garfield County Building Department and posted at the structure and where readily visible from access road. 3) A finished roof; a lockable building; completed exterior siding; exterior doors and windows installed; a complete kitchen with cabinets, sink with hot & cold running water, non-absorbent kitchen floor covering, counter tops and finished walls, ready for stove and refrigerator; all necessary plumbing. 4) All bathrooms must be complete, with washbowl, tub or shower, toilet, hot and cold running water, non-absorbent floors, walls finished, and privacy door. 5) Steps over three (3) risers, outside or inside must be must have handrails. Balconies and decks over 30" high must be constructed to all IBC and IRC requirements including guardrails. 6) Outside grading completed so that water slopes away from the building; 7) Exceptions to the outside steps, decks, grading may be made upon the demonstration of extenuating circumstances., i.e. weather. Under such circumstances A Certificate of Occupancy may be issued conditionally. 8) A final inspection sign off by the Garfield County Road & Bridge Department for driveway installation, where applicable; as well as any final sign off by the Fire District, and/or State Agencies where applicable. A CERTIFICATE OF OCCUPANCY (C.O.) WILL NOT BE ISSUED UNTIL ALL THE ABOVE ITEMS HAVE BEEN COMPLETED. A C.O. MAY TAKE UP TO 5 BUSINESS DAYS TO BE PROCESSED AND ISSUED. OWNER CANNOT OCCUPY OR USE DWELLING UNTIL A C.O. IS ISSUED. OCCUPANCY OR USE OF DWELLING WITHOUT A C.O. WILL BE CONSIDERED AN ILLEGAL OCCUPANCY AND MAY BE GROUNDS FOR VACATING PREMISES UNTIL ABOVE CONDITIONS ARE MET. I understand and agree to abide by the above conditions for occupancy, use and the issuance of a C.O. for the building identifi d in the Buildi i g Permit. OWNERS IGNATU'4 DATE Bapplicatio december2007 General information Contacts Building Plan Review Description of Work: single family dwelling with attached garage, and covered patio Bin #: B-6 Location Address: 000101 MONUMENT RIDGE RD PARACHUTE, CO 81635 Case Manager: Ken Smith Plan Case Number: BLDG -11-09-6216 Parcel: 240720226010 Application Date: 11/25/2009 Owner: Kevin Coleman Applicant: Kevin Coleman Applicant Phone: 970-285-0398 Email: Building Engineered Foundation Driveway Permit Surveyed Site Plan Septic Permit and Setbacks _Grade/Topography 30% Attach Residential Plan Review List Minimum Application Questionnare Subdivision Plat Notes Fire Department Review Valuation Determination/Fees Red Line PlanslStampslSticker Attach Conditions __Application Signed Plan Reviewer To Sign Application Parcel/Schedule No. 40# Snowload Letter - Manu. Homes ...Soils Report Planning/Zoning Property Line Setbacks 30ft Stream Setbacks Flood Plain Ruilding height coning Sign -off Road Impact Fees HQAIDRC Approval GradelTopography 40% Planning Issues Subdivision Plat General Comments: W wtex #74a 2Dt4 eis4lx �S 114 X 24 656465.1 Monday, November 30, 2009 SITE DEVELOPEMENT PLAN LOT 10 MONUMENT RIDGE SUBDIVISION GARFIELD COUNTY, COLORADO 1 MVO C. MiPPgSOM, w tNOSIZI SUFNCTOR P1Fk1E ST9TT: aC WLCAACO, CanIY TINT MT OWED 'MC I'T1 IV ,ass TOR TMC TItOPT11TC SHP= H tr.OH 11 MAW MAKAt Ib THE WNTNM or Pl19PD§FD .,POWNNIS R4 ME= 1T THC ~ERN aaa1I W I TMC won remzesman 95 vlOel1 NITNI1. PT$ €NITWN TNI "AVM 111 PROMOS 9tliMIDMM15 /al COM MOT REDRODIT /N VWCP VENT ID 1NIl C£RSITM:ATE OA ate' SUIMX. TH.Ydl C ININ NT P15. 31591 IMDEt'.'REEK SEIRsIr»I+CK S we. Plocu99laml Land Sue. yw LS. sas% 1:13299Colol9dotTna Road Nem Castle, Cakmd. (1a701.67545632 01701356-00ps COLEMAN SITE PLAN LOT 10 - MONUMENT RIDGE SUBDIVISION 101 MONUMENT RIDGE ROAD GARFTELD COUNTY, COLORADO OCTOBER 30. AMIPROJ_ 09853 !LOT 10 MONROGEDWG GARFIELD COUNTY BUILDING AND PLANNING 970-945-8212 MINIMUM APPLICATION REQUIREMENTS For SINGLE FAMILY DWELLING CONSTRUCTION Including NEW CONSTRUCTION ADDITIONS ALTERATIONS And MOVED BUILDINGS In order to understand the scope of the work intended under a permit application and expedite the issuance of a permit it is important that complete information be provided. When reviewing a plan and it's discovered that required information has not been provided by the applicant, this will result in the delay of the permit issuance and in proceeding with building construction. The owner or contractor shall be required to provide this information before the plan review can proceed. Other plans that are in line for review may be given attention before the new information may be reviewed after it has been provided to the Building Department. TWO (2) SETS OF CONSTRUCTION DRAWINGS & TWO (2) SITE PLANS MUST BE SUBMT1TEDFOR ALL APPLICATIONS. Please review this document to determine if you have enough information to design your project and provide adequate information to facilitate a plan review. Also, please consider using a design professional for assistance in your design and a construction professional for construction of your project. Any project with more than ten (10) occupants requires the plans to be sealed by a Colorado Registered Design Professional. To provide for a more understandable plan in order to determine compliance with the building, plumbing and mechanical codes, applicants are requested to review the following checklist prior to and during design. Applicants are required to indicate appropriately and to submit the completed checklist at time of application for a permit. Plans to be included for a Building Permit, must be on drafting paper at least 18"x24" and drawn to scale. 1 Plans must include a floor plan, a concrete footing and foundation plan, elevations all sides with decks, balcony, steps, hand rails and guard rails, windows and doors, including the finish grade line and original grade. A section showing in detail, from the bottom of the footing to the top of the roof, including re -bar, anchor bolts, pressure treated plates, floor joists, wall studs and spacing, insulation, sheeting, house -rap, (which is required), siding or any approved building material. Engineered foundations may be required. A window schedule. A door schedule. A floor framing plan, a roof framing plan, roof must be designed to withstand a 40 pound per square foot up to 7,000 feet in elevation, a 90 M.P.H. wind speed, wind exposure B or C, and a 36 inch frost depth. All sheets to be identified by number and indexed. All of the above requirements must be met or your plans will be returned. All plans submitted must be incompliance with the 2003 IRC. I. Is a site plan included that identifies the location of the proposed structure or addition and distances to the property lines from each corner of the proposed structure(s) prepared by a licensed surveyor and has the surveyors signature and professional stamp on the drawing? Properties with slopes of 30% or greater must be shown on the site plan. (NOTE Section: 106.2) Any site plan for the placement of any portion of a structure within 50 ft. of a property line and not within a previously surveyed building envelope on a subdivision final plat shall be prepared by a licensed surveyor and have the surveyor's signature and professional stamp on the drawing. Any structure to be built within a building envelope of a lot shown on a recorded subdivision plat shall include a copy of the building envelope as it is shown on the final plat with the proposed structure located within the,envelope. Yes 2. Does the site plan also include any other buildings on the property, setback easements and utility easements? Please refer to Section 5.05.03 in the Garfield County Zoning Resolution if the property you are applying for a building permit on is located on a corner lot. Special setbacks do apply. =/ Yes I, 3. Does the site plan include when applicable the location of the I.S.D.S. (Individual Sewage Disposal System) and the distances to the property lines, wells (on subject property and adjacent properties,)F,.streams or water courses? Yes '` 4. Does the site plan indicate the location and direction of the County or private road accessing the property? Yes 2 5. Are you aware that prior to submittal of a building permit application you are required to show proof of a legal and adequate access to the site? This may include (but is not limited to) proof of your right to use a private easement/right of way; A County Road and Bridge permit; a Colorado Dept. of Highway Permit, including a Notice to Proceed; a permit from the federal government or any combination. You can contact the Road & Bridge Department at 625-8601. See phone book for other agencies Yes . 6. Do the plans include a foundation plan indicating the size, location and spacing of all reinforcing steel in accordance -with the IRC or per stamped engineered design? Yes 7. Do the plans indicate the location and size of ventilation openings for under floor crawl spaces and the clearances re_ q(iired between wood and earth? Yes No 8. Do the plans indicate the size and location of ventilation openings for the attic, roof joist spaces and soffits? "; Yes -i' No 9. Do the plans include design loads as required by Garfield County for roof snow loads, (a minimum of 40 pounds per square foot up to & including 7,000 feet above sea level), floor loads and wind loads? Yes I:, 10. Does the plan include a building section drawing indicating foundation, wall, floor, and roof construction? Yes 11. Does the building section drawing include size and spacing of floor joists, wall studs, ceiling joists, roof rafters ojoists or trusses? Yes 12. Does the building section drawing or other detail include the method of positive connection of all columns and beams? Yes 13. Does the elevation plan indicate the height of the building or proposed addition from the undisturbed grade to the midpoint between the ridge and eave of a gable or shed roof or the top of a flat roof (Building height measurement usually not to exceed 25 feet) Yes 14. Does the plan include any stove or zero clearance fireplace planned for installation including make and mod l and Colorado Phase II certifications or phase 11 EPA certification? Yes No 3 15. Does the plan include a masonry fireplace including a fireplace section indicating design to comply with the IRC?� Yes No 16. Does the plan include a window schedule or other verification that egress/rescue windows from sleeping roqrns and/or basements comply with the requirements of the IRC? Yes 1 17. Does the plan include a window schedule or other verification that windows provide natural light and ventilation,for all habitable rooms? Yes 18. Do the plans indicate the location of glazing subject to human impact such as glass doors, glazing immediately adjacent to such doors; glazing adjacent to any surface normally used as a walking surface; sliding glass doors; fixed glass panels; shower doors and tub enclosures and specify safety glazing forthese areas? Yes i No 19. Is the location of all natural and liquid petroleum gas furnaces, boilers and water heaters indicated on the plan? Yes i 20. Do you understand that if you are building on a parcel of land created by the exemption process or the subdivision process, are building plans in compliance with all plat notes and/or covenants? Yes L/ 21. Do you understand that if you belong to a Homeowners Association (HOA), it is your responsibility to obtain written permission from the association, if required by that association, prior to submitting an application for a building permit? The building permit application will be accepted without it, but you run the risk of the HOA bringing action to enforce the covenants, which can result in revocation of permit issued. Additionally, your Plan Review fee is not refundable if the plans have been reviewed by the Building Department prior to any action by the HOA that requires either revocation or sdbstantial modification of the plans. Yes 22. Will this be the pnly residential structure on the parcel? Yes tom` No If no -Explain: 23. Have two (2) complete sets of construction drawings been submitted with the application? Yes 24. Do you undersand that the minimum dimension a home can be on a lot is 20ft.wide and 20ft. long? Yes (- 4 25. Have you designed or had this plan designed while considering building and other construction code requirements? Yes 26. Do your plans comply with all zoning rules and regulations in the County related to your properties zone district? °" Yes 27. Does the plan accurately indicate what you intend to construct and what will receive a final inspection by the Garfield County Building Department? Yes 28. Do you understand that approval for design and/or construction changes are required prior to the application,ofthese changes? Yes 29. Do you understand that the Building Department will collect a "Plan Review" fee from you at the time of application submittal and that you will be required to pay the "Permit Fee" as well as any "Road Imp ct" or "Septic System" fees required, at the time you pick up your building permit? Yes, 30. Are you aware that you must call in for an inspection by 3:30 the business day before the requested inspection in order to receive it the following business day? Inspections will be made from 7:30 a.m. to 3:30 p.m. Monday through Friday. Inspections are to be called in to 384-5003. Yes L'" W" No 31. Are you aware that requesting inspections on work that is not ready or not accessible will result in a $50.00 re -inspection fee? Yes 32. Are you aware that you are required to call for all inspections required under the IRC including approval on a final inspection prior to receiving a Certificate of Occupancy and occupancy of the building? , 7 Yes 33. Are you aware that the Permit Application must be signed by the Owner or a written authority being given for an„Agent gent and that the party responsible for the project must comply with the IRC? Yes (7.7- 5 y 5 34. Do you understand that you will be required to hire a State of Colorado Licensed Electrician and Plumber to perform installations and hookups, unless you as the homeowner are performing the work? The license number of the person performing the work will be required at time of applicable inspectio1 . Yes 35. Are you aware, that on the front of the Building Permit Application you will need to fill in the Parcel/Schedule Number for the lox you are applying for this permit on prior to submittal of a building permit application? Your attention in this is appreciated. Yes 36. Do you know that the local fire district may require you to submit plans for their review of fire safety issues? Yes €�' (please check with the building department about this requirement) 37. Do you understand that if you are planning on doing any excavating or grading to the property prior to issuancepf a building permit that you will be required to obtain a grading permit? Yes 38. Are you aware that if you will be connecting to a public water and/or sewer system, that the tap fees have to be paid and the connections inspected by the service provider prior to the issuance of a Certificate o ccupancy? Yes tha 4ittAislie_hataifveri• , understand and answered these questions to the best of lE hereby acknowledge my ability. Signature o e wner Date Phone: Tapestry Builders Jerre Witt 250-3449 Project Name: (days); 2Cj (evenings) Coleman Residence Project Address: 101 Monument Ridge Road 6 Notes: If any required information is missing delays in issuing the permit are to be expected. Work may not proceed without the issuance of a permit. If it is determined by the Building Official that additional information is necessary to review the application and plans to determine minimum compliance with the adopted codes, the application may be placed behind more recent applications for building permits in the review process and not reviewed until required information has been provided and the application rotates again to first position for review, delay in issuance of the permit or delay in proceeding with construction. BpminregDec2007 7 Pere it Card Garfield County Building and Planning Department 108'Sth Street, Suite 401 Glenwood Springs, GO 81601 Phone: (970)945-8212 Fax: (970)384-3470 POST ON SITE Permit NO. BLRE-11 m00-1381 issue Date.. 12/1612009 MASK ,AGREEMENT Expires: 06/14/2010 In consideration of the issuance of the permit, the applicant hereby agrees to comply with all laws and regulations related to the zoning, locaiicri; construction and erection of the proposed structured for which this perrnit is granted, and further agrees that -if the above said reculations are not fully complied with in the zoning, location, erection and construction of the above described structure, the permit may then be revoked by notice from the County Building department and IMMEDIATELY BECOME NULL AND VOID. Residential Building Parcel #:240720226010 Owner's Name: Kevin Coleman Job Address: 000101 MONUMENT RIDGE RD PARACHUTE, CO 81635- Contractor(S) "rapes€ i Builders Phone (970)285-0398 Primary Contractor Yes Owner's Phone: 870-285-0398 Total Square Feet: 2014 Work Description: single family dwelling on crawl space with covered patio & attached garage/storage Inspection Schedul ng Code }. 4.. ..�i$�y "4 "-'-! � y ''.§1 �„s ', A;' w �%, I�•. ,�,.�;L�% ri ..I i �1,� S °�„n, 31 y.,;. -;� �.r,��.:. ��r��,. i��4s�utPii: .yy (�i �.) �� �.��.v � ��Y.Ip�k�� i•+.f.�.;�L,� as zq-„:.lA �.; � `"zFdt3°'4 j.', 1Y'{i'j #i[:^3v-o'er, rtfi .� } g,', x` _'� xZn},'' 1'�"., }i&'.`:�r`.J'.� s �.eifi�dlry-� ; .0 ,-- S. . �'` Y; Y���S:u�..�+�,,,A47':''''i as ..s_ w, m- 4_�.. s - ^v. :t4 rj-e i17��p h:r�,'u..-<...:�.. ;�"�� Footers � ,.,. Foundation Walt!:: tam, '-77/14:*- /•1";7:?.,:`; Framing? I;7��� 33"`��i!�: F. F.h�: Drywall `�rr � l "(O/C �� 6� , 5 ��/ L! Final ^ C/•< .,� ..a " 6wJ 4. Mist ` 351 insulation �o- s� aT �l� r 1, Grout? Mechanical0°` ; UG Plumbing Rough Plumbing E'r 1 �t Gas0,.” i777/2,_. Sei S .a ADDITIONAL INSPECTIONS MAY BE REQUIRED POST THIS IN CONSPICUOUS PLACE WHEN CONSTRUCTION IS STARTED For Inspections Call: 1-888-868-5306 -a• RECORDATION REQUESTED BY: Alpine Hank, A Colorado Banking Corporation Alpine Bank Battlement Mesa 82 Sipprelle Drive Battlement Mesa, CO 81636 WHEN RECORDED MAIL TO: Alpine Bank 400 7th Street South Rifle, CO 81650 SEND TAX NOTICES TO: KEVIN WENDELL COLEMAN RHONDA FAYE COLEMAN 217 SPIRIT WAY NEW CASTLE, CO 81647-8425 FOR RECORDER'S USE ONLY CONSTRUCTION DEED OF TRUST MAXIMUM PRINCIPAL AMOUNT SECURED. The Lien of this Deed of Trust shall not exceed at any one time $368,000.00 except as allowed under applicable Colorado law. THIS DEED OF TRUST is dated November 20, 2009, among KEVIN WENDELL COLEMAN and RHONDA FAYE COLEMAN ("Grantor"); Alpine Bank, A Colorado Banking Corporation, whose address is Alpine Bank Battlement Mesa, 82 Sipprelle Drive, Battlement Mesa, CO 81636 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and the Public Trustee of GARFIELD County, Colorado (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Grantor hereby irrevocably grants, transfers and assigns to Trustee for the benefit of Lender as Beneficiary all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in GARFIELD County, State of Colorado: LOT 10 MONUMENT RIDGE SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 2, 2005 AS RECEPTION NO. 679333 The Real Property or its address is commonly known as 101 MONUMENT RIDGE ROAD, PARACHUTE, CO 81635. CROSS -COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of Grantor to Lender, or any one or more of them, as weld as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. If the Lender is required to give notice of the right to canoe) under Truth in Lending in connection with any additional loans, extensions of credit and other liabiiities or obligations of Grantor to Lender, then this Deed of Trust shall not secure additional loans or obligations unless and until such notice is given. Grantor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Grantor's right, title, and interest in and to ail present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL OF GRANTOR'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN GRANTOR AND LENDER OF EVEN DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Grantor's obligations under the Note, this Deed of Trust, and the Related Documents. CONSTRUCTION MORTGAGE. This Deed of Trust is a "construction mortgage" for the purposes of Sections 9334 and 2A-309 of the Uniform Commercial Code, as those sections have been adopted by the State of Colorado. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perforin ail repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason,to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (o) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (al neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, DEED OF TRUST Loan No: 1150318201 (Continued) Page 2 and local laws, regulations and ordinances, including without limitation ail Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expanse, as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lander to Grantor or to any other person, The representations and warranties contained herein are based on Granter's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; end (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership ar interest In the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the fen of this Deed of Trust end shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, ar suffer any stripping of or waste on or to the Property or any portion of the Property, Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas], coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of et Least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property. Grantor may contest In goad faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, le Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do aft other ems, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. Construction Loan, It some or all of the proceeds of the loan creating the Indebtedness are to be used to construct or complete construction of any Improvements on the Property, the Improvements shall be completed no later than the maturity date of the Note Inc such earlier date as Lender may reasonably establish) end Grantor shall pay in full all costs and expenses in connection with the work. Lender will disburse loan proceeds under such terms and conditions as Lender may deem reasonably necessary to insure that the interest created by this Deed of Trust shall have priority over all possible liens, including those of material suppliers and workmen. Lender may require, among other things, that disbursement requests be supported by receipted bills, expense affidavits, waivers of liens, construction progress reports, and such other documentation as Lender may reasonably request. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, dead, installment sate contract, land contract, contract for deed, leasehold interest with a term greater than three (3} years, lease -option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of en interest in the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Colorado law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: Payment. Grantor shall pay when due (end in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done en or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Dead of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of Trust. Right to Contest. Grantor may withhold payment of any tax, assessment, ar claim in connection with a good faith dispute over the obligation to pay, so tong as Lender's interest in the Property is not jeopardized. if a lien arises or is filed as a result of nonpayment, Grantor shaft within fifteen (151 days after the Tien arises or, if a lien is filed, within fifteen (151 days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Leader, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as en additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property, Notice of Construction. Grantor shall notify Lender at least fifteen (15} days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materiaimen's lien, or other lien could be asserted on accoent of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such Improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust, Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender, together with such other hazard and liability insurance as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lander, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender, Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Fedora! Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, for the full unpaid principal balance of the loan and any prior liens on the DEED OF TRUST Loan No: 1150316201 (Continued) Page 3 property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the Loan. Application of Proceeds. Grantor shall promptly notify tender of any loss or damage to the Property, tender may make proof of loss if Grantor fails to do so within fifteen 11 B) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the prooeeds to the reduction of the indebtedness, payment of any lien effecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restorations of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such pr0000ds shall be paid to Grantor as Grantor's interests may appear. LENDER'S EXPENDITURES. If Grantor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claims, (B) to provide any required insurance on the Property, or (C) to make repairs to the Property then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's interests in the Property, than Lender on Grantor's behalf may, but is not required to, take any action that Lender believes to be appropriate to protect Lender's interests. AIi expenses incurred ar paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to became due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable et the Note's maturity. The Deed of Trust also will secure payment of these amounts. The rights provided far in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not be construed as curing the default so es to bar Lender from any remedy that it otherwise would have had. WARRANTY; DEFENSE OF TPTLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title. Grantor warrants that; (a) Grantor holds good and marketable title of record to the Property in fee simple, free end clear of all lions and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is oommenced that questions Grantor's title or the interest of Trustee or Lender under this Deed of Trust, Grantor shalt defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Granter will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property oomplies with all existing applicable taws, ordinances, and regulations of governmental authorities. Survival of Promises. Alt promises, agreements, and statements Grantor has made in this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature and shall remain in full force and effect until such time as Grantor's Indebtedness is paid in fuIi. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, end Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Not Proceeds. If all ar any pert of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of ail reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust: Current Taxes, Fees end Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shell reimburse Lender for ail taxes, as described below, together with ell expenses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any part of the indebtedness secured by this Deed of Trust; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax an this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (4) a specific tax on ail or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shell have the same effect as an Event of Default, and Lender may exercise any or alt of its available remedies for an Event of Default as provided below unless Grantor either 11} pays the tax before it becomes delinquent, or 12) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code es emended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Personal Property' In addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting ar continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property, Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three 13) days after receipt of written demand from Lender to the DEED OF TRUST Loan No: 1150316201 (Continued) Page 4 extent permitted by applicable law. Addresses. Tife mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY -€N -FACT. The following provisions relating to further assurances and attorney-in-fact ere a part of this Deed of Trust: Further Assurances. At any time, end from time to time, upon request of Lender, Grantor will make, executo and deliver, or wit] cause to bo made, executed or delivered, to Lender or to Lender's designee, and when requested by Lander, cause to be filed, recorded, raffled, or rerecorded, as the case may be, at such times and in such offices and places es Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lander, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Nate, this Dead of Trust, and the Related Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for ell costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney -in -Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lander es Grantor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing ail other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. Upon the full performance of ell the obligations under the Note and this Deed of Trust, Trustee may, upon production of documents and fees as required under applicable law, release this Deed of Trust, and such release shall constitute a release of the lien for ell such additional sums and expenditures made pursuant to this Deed of Trust. Lender agrees to cooperate with Grantor in obtaining such release and releasing the other collateral securing the Indebtedness. Any release fees required by law shall be paid by Grantor, if permitted by applicable law. EVENTS OF DEFAULT. At Lender's option, Grantor will be in default under this Deed of Trust if any of the following happen: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Break Other Promises. Grantor breaks any promise made to Lender or faits to perform promptly at the time and strictly in the manner provided in this Deed of Trust or in any agreement related to this Deed of Trust. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or in any of the Related Documents. Defau€t on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes er Insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. False Statements. Any representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Deed of Trust ar the Related Documents is false or misleading in any material respect, either now or at the time made or furnished, Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Death or Insolvency- The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grentor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Taking of the Property. Any creditor or governmental agency tries to take any of the Property or any other of Grantor's property in which Lander has a lien.. This includes taking of, garnishing of or levying on Grantor's accounts with Lender, However, if Grantor disputes in good faith whether the claim on which the taking of the Property is based is valid or reasonable, and if Grantor gives Lender written notice of the claim and furnishes Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events osours with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness of any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the indebtedness. insecurity. Lender has reasonable cause to believe Lender is insecure or that Lender's oolfateral is impaired. RIGHTS AND REMEDIES ON DEFAULT. Subject to any applicable notice and cure provisions under Colorado law, if an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise any one ar more of the following rights and remedies: Election of Remedios. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. Ari election by Lender to choose any one remedy will not bar Lender from using any other remedy. If Lender decides to spend money or to perform any of Grantor's obligations under this Deed of Trust, after Grantor's failure to do so, that decision by Lender will not affect Lender's right to declare Grantor in default and to exercise Lender's remedies. Accelerate Indebtedness. Lender shall have the right at its option to declare the entire Indebtedness immediately due and payable, including any prepayment penalty which Grantor would be required to pay. Foreclosure. Lender shall have the right to cause all or any part of the Real Property, and Personal Property, if Lender decides to proceed against it as if it ware reel property, to be sold by the Trustee according to the laws of the State of Colorado as respects foreclosures against real property. The Trustee shall give notice in accordance with the laws of Colorado. The Trustee shalt apply the proceeds of the sale in the following order: (al to all costs and expenses of the sale, including but riot limited to Trustee's fees, attorneys' fees, and the cost of title evidence: (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled to the excess. UCC Remedies. With respect to all or any part of the Persona! Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Cede. Collect Rents. Lender shall have the right to take possession of and manage the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, than Grantor irrevocably designates Lender as Grantors attorney-in-fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this DEED OF TRUST Loan No: 1150316201 (Continued} Page 5 subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shell have the right to have e reoeiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount, Employment by Leader shall riot disqualify a person from serving as a receiver. Receiver may be appointed by a court of competent jurisdiction upon ex parte application and without notice, notice being expressly waived. Tenaney at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property end shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or l21 vacate the Property immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Not or available at law or in equity. Sale of the Property. In exercising its rights and remedies, Lender shall be free w designate on or before it files a notice of election and demand with the Trustee, that the Trustee sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on ell or any portion of the Property. Upon any sale of the Property, whether made under a power of sale granted in this Deed of Trust or pursuant to judicial proceedings, if the holder of the Note is a purchaser at such sale, it shell be entitled to use and apply all, or any portion of, the Indebtedness for or in settlement or payment of all, or any portion of, the purchase price of the Property purchased, and, in such ease, this Deed of Trust, the Note, and any doeumehts evidencing expenditures secured by this Deed of Trust shall be presented to the person conducting the sale in order that the amount of Indebtedness so used or applied may be credited thereon as having been paid. Attorneys' Fees; Expenses. If Lender forecloses or institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender she€I be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court notion is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest et the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's reasonable attorneys' fees not in excess of fifteen percent 115%1 of the unpaid debt after default and referral to an attorney not Lender's salaried employee whether or not there is a lawsuit, inc€uding reasonable attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated postjudgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurenoe, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. Rights of Trustee. To the extent permitted by applicable law, Trustee shah have all of the rights and duties of Lender as set forth in this section. NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefecsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, es first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Any person may change his or her address for notices under this Deed of Trust by giving forma! written notice to the other person or persons, specifying that the purpose of the notice is to change the person's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to ail Grantors. It will be Grantor's responsibility to tell the others of the notice from Lender. MISCELLANEOUS PROVIS€ONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. What is written in this Deed of Trust end in the Related Documents is Grantor's entire agreement with Lender concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to this Deed of Trust must be in writing and must be signed by whoever will be bound or obligated by the change or amendment. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written 0ensent of Lender, Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to tho extent not preempted by federal law, the laws of the State of Colorado without regard to its conflicts of law provisions. This Dead of Trust has been accepted by Lender in the State of Colorado. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Garfield County, State of Colorado. Joint and Several Liability. All obligations of Grantor under this Deed of Trust shall be joint and several, and all references to Grantor shall mean each and every Grantor. This means that each Grantor signing below is responsible for all obligations in this Deed of Trust. No Waiver by Lender. Grantor understands Lender will not give up any of Lender's rights under this Deed of Trust unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender does ragree in writing to give up one of Lender's rights, that does not mean Grantor will not have to comply with the ether provisions of this Deed of Trust. Grantor also understands that if Lender does consent to a request, that does not mean that Grantor will not have to get Lender's consent again if the situation happens again. Grantor further understands that just because Lender consents to one or more of Grantor's requests, that does not mean Lender will be required to consent to any of Grantor's future requests. Grantor waives presentment, demand for payment, protest, and notice of dishonor. In the event Lender institutes legal process to obtain possession of the Property and to the extent permitted by law, Grantor hereby knowingly and voluntarily waives any right to a hearing prior to a court order granting Lender the right to take possession of the Property. Grantor waives all rights of exemption from execution or similar law in the Property, and Grantor agrees that the rights of Lender in the Property under this Deed of Trust are prior to Grantor's rights while this Peed of Trust remains in effect. Severability. if a court finds that any provision of this Deed of Trust is not valid or should not bo enforced, that fart by itself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Deed of Trust even if a provision of this Deed of Trust may be found to be invalid or unenforceable. Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the DEED OF TRUST Loan No: 1150316201 (Continued) Page 6 obligations of this Deed of Trust or liability under the Indebtedness. Time Is of the Essence. Time is of the essence in the performance of this Dead of Trust. • Waive Jury. All parties to this Deed of Trust hereby waive the right to any fury trier in any action, proceeding, or counterclaim brought by any party against any other party. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Colorado as to ail Indebtedness secured by this Deed of Trust. DEFINITIONS. The fallowing words shall have the fallowing meanings when used in this Deed of Trust: Beneficiary. The word "Beneficiary" means Alpine Bank, A Colorado Banking Corporation, and its successors and assigns. Borrower. Tho word "Borrower" means KEVIN WENDELL COLEMAN and RHONDA FAYE COLEMAN and includes et co-signers and co -makers signing the Note and all their successors and assigns. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation ail assignment and security interest provisions relating to the Personal Property and Rents, Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. C.CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub, L, No. 99-499 I"SARA"I, the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event oi'Da€titllt. "The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of default section of this Deed of Trust. Grantor. The word "Grantor" means KEVIN WENDELL COLEMAN and RHONDA FAYE COLEMAN. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words 'Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous'.Substanees" aro used in their very broadest sense and Include without limitation any end ail hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances' also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements, The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. Tho word 'Indebtedness" means all principal, interest, end other amounts, costs and expenses payable under the Note or Related Documents, together with .all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. Specifically, without limitation, Indebtedness includes all amounts that may be indirectly secured by the Cross -Collateralization provision of this Deed of Trust. Lender. The word "Lender" means Alpine Bank, A Colorado Banking Corporation, its successors and assigns. The words "successors or assigns" moan any person or company that acquires any interest in the Note. Note. The word "Nota" means the promissory note dated November 20, 2009, in the original principal amount of 6368,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of the Note is December 5, 2010. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Persona/ Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, end all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Persona( Property, Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust. Related Documents. The words "Related Documents' mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rants. The word "Runts" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. Trustee, The word "Trustee" means the Public Trustee of GARFIELD County, Colorado. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF 7RUST, AND EACH GRANTOR AGREES TO ITS TERMS. JfEVIN WENDELL COLEMAN X jLit f' 1 144 / R 0NDA FAYE C*LEMAN DEED OF TRUST Loan No: 1150316201 (Continued) Page 7 STATE OP COUNTY OF Gc {r!�.••--�nrf INDIVIDUAL ACKNOWLEDGMENTt3,.• `•e " a O T A f r. • t PUBLIC 18,1 On this day before me, the undersigned Notary Public, personally appeared KEVIN WENDELL COLEMAN, tdriff6rrgsu+ltl$ to be the individual described En and who executed the Deed of Trust, and acknowledged that he or she signed the Deed of Trust as his or her Free and voluntary act and deed, for the uses and purposes therein mentioned. Gia- dor my hand and official seal this 2 3 C41 day of A) dive mkef • 20,,., ISS By Notary Public In a for 1 1. k +. State of CA) n rr; � r Residing at V7 ✓ijjOfe //e Uf My commission expires 1p - STATE OF INDIVIDUAL ACKNOWLEDGMENT w • O. COUNTY OF Q C l id ISS tt0ttltlpglrrg!,1A e NOTARy% PUBLIC .14 On this day before me, the undersigned Notary Public, personally appeared RHONDA FAYE COLE f�° to n to be the individual described in and who executed the Deed of Trust, and acknowledged that ho or she signed the NW rust as his or her free and voluntary act and deed, for the uses and purposes therein mentioned, , (( jj Given under my hand and official seal this 2 3 r r� day of /�%0 t/e Wr Let- , By. 7 r, 'L 1 y• Residing at az. ST re f f r r) r - Notary Public in a for t State of C.0 to f My commission expires l ^ 9 —14 LASER PRO Lending, Ver. 5.46.00.003 Copt. Harland Financial Solutions, Inc. 1997, 2009. All Rights Reserved. - CO M:ICFISLPLIG01.FC TR -39449 PR -20 �`Y 111 NI Id Receptiontl; 776391 1512572009 04:14:34 PM Joan Rtberico 1 of 1 Reo Fen•5;11.00 Doc 5oe:13.50 OnRFIECO COUNTY CO Recorded at o'clock M. Reception No. Recorder WARRANTY DEED THIS DEED, made this 24th day of November, 2009 Between Dave Wasserman of the County of Cook, and State of TL, grantor, and Kevin Wendell Coleman and Rhonda Faye Coleman as joint tenants with full rights of survivorship whose legal address is : 217 Sprit Way, New Castle, CO, 81 647 of the County of Garfield and State of CO, grantee: W1TNESSETH, That the grantor for and in consideration of the sum of 5135,000.00 DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey and confirm unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Garfield and State of Colorado described as follows: Lot 10 Monument Ridge Subdivision According to the plat thereof recorded August 2, 2005 as Reception No 679333 as known by street and number as: 101 Monument Ridge Road Parachute CO TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor either in Saw or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances, TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the Grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, asse. J nts, encumbrances and restrictions of whatever kind or nature soever, except general taxes and assessments for the year 2009 and subsequent . s . all those specific exceptions described by reference to recorded documents as reflected in Commonwealth Title Company's Commilme. . 0909t58 TRGC The,anto grantqe,wls h includeth p �/TN will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the signs aga'nst ail and every person or persons lawfully claiming the whole or any part thereof. The singular number shall plur./ e' gular, and the use of gender shall be applicable to ail genders, the grantor h, executed this deed on the date set forth above. STATE OF COUNTY OF (.4.71-) Fr_ The foregoing instrument was acknowledged before me on November tL\ , 2009, by Dave Wasserman, WITNESS my hand a4 fffeia1 seal ) )ss. My commission expires: `7K.! \k Commonwealth File Ne. 0959055 TRGC Roel ,u: Colorado naug itre W4, Arroyo R, ese,sume CO e105 Notary Public OFFICIAL SEAL JASON M. PINES Notary Public. Stade of Onols MyCommtsston Expires Fab OR, nit November 13, 2009 Tapestry Builders Attn: Jerre Witt P. O. Box 6065 Parachute, Colorado 81635 Job No. 109 381A Subject: Subsoil Study for Foundation Design and Percolation Test, Proposed Coleman Residence, Lot 10, Monument Ridge, Monument Ridge Road, Garfield County, Colorado Dear Jerre: As requested, Hepworth-Pawlak Geotechnical, Inc. performed a subsoil study and percolation test for foundation and septic disposal designs at the subject site. The study was conducted in accordance with our agreement for geotechnical engineering services to Tapestry Builders dated October 27, 2009. The data obtained and our recommendations based on the proposed construction and subsurface conditions encountered are presented in this report. Proposed Construction: The residence will be a single story wood frame structure located on the site as shown on Figure 1. Ground floors will be structurally supported over crawlspace. Cut depths are expected to range between about 1 to 5 feet. Foundation loadings for this type of construction are assumed to be relatively light and typical of the proposed type of construction. The septic disposal system is proposed to be located to the northwest of the residence and probably slightly further west than that shown on Figure 1. If building conditions or foundation loadings are significantly different from those described above, we should be notified to re-evaluate the recommendations presented in this report. Site Conditions: The lot is vacant and the ground surface appears mostly natural. The terrain in the building area is relatively flat with a strong slope down to the west. Elevation difference across the proposed building is about 4 to 5 feet. Vegetation consists of grass and weeds with scattered brush. There is a shallow ditch along the south side of the lot that was not flowing water at the time of our field exploration. -2 - Subsurface Conditions: The subsurface conditions at the site were evaluated by excavating two exploratory pits in the building area and one profile pit in the septic disposal area at the approximate locations shown on Figure 1. The logs of the pits are presented on Figure 2. The subsoils encountered, below about 1/z foot of topsoil, consisted of medium dense, clayey to very clayey silty sand with scattered gravel and cobbles underlain at depths from about 5 to 61/2 feet by medium dense to dense, clayey sandy gravel and cobbles with small boulders that extended down to the maximum depth explored of 9'/2 feet. Results of swell -consolidation testing performed on relatively undisturbed samples of the sand soils, presented on Figure 3, indicate low compressibility under existing moisture conditions and light loading and moderate compressibility when loaded after wetting. One of the samples showed a minor expansion potential and the other sample showed a minor collapse potential when wetted under a constant 1,000 psf surcharge. Results of gradation and hydrometer analyses performed on a disturbed bulk sample of clayey silty sand soils (minus 11/2 inch fraction) obtained from the Profile Pit are presented on Figure 4. The laboratory test results are summarized in Table I. No free water was observed in the pits at the time of excavation and the soils were slightly moist. Foundation Bearing Conditions: At assumed excavation grades, the clayey to very clayey silty sand soils will probably be exposed at subgrade. Spread footings bearing on these soils should be feasible for foundation support ofthe building with some risk of movement. The risk of movement is primarily if the bearing soils become wetted and precautions should be taken to prevent wetting ofthe bearing soils. The low expansion potential encountered in one of the samples is probably an isolated condition and can be neglected in the foundation design. We should further evaluate the soil bearing conditions exposed in the foundation excavation for expansion potential at the time of construction. A lower risk alternative with respect to foundation movement would be to bear the footings entirely on the underlying clayey sandy gravel and cobble soils. Foundation Recommendations: Spread footings bearing on the undisturbed natural soils designed for an allowable bearing pressure of 1,500 psf can be used for support of the proposed residence. The sand soils may tend to swell or compress after wetting and there could be some post -construction foundation movement. The potential movement is expected to be up to 1 inch depending on the depth and extent ofthe wetting and settlement prone soils. Footings should be a minimum width of 18 inches for continuous walls and 2 feet for columns. All topsoil and loose disturbed soils encountered at the foundation bearing level Jolt No. 109 381 A _3_ within the excavation should be removed and the footing bearing level extended down to the undisturbed natural soils. The footing subgrade should then be moistened and compacted. Exterior footings should be provided with adequate cover above their bearing elevations for frost protection. Placement of footings at least 36 inches below the exterior grade is typically used in this area. Continuous foundation walls should be well reinforced top and bottom to span local anomalies and better withstand the effects of some differential movement such as by assuming an unsupported length of at least 12 feet. Foundation walls acting as retaining structures should also be designed to resist a lateral earth pressure based on an equivalent fluid unit weight of at least 50 pcf for the on- site soil, excluding topsoil and oversized rocks, as backfill. Underdrain System: Although free water was not encountered during our exploration, it has been our experience in the area and where clayey soils are present that local perched groundwater can develop during times of heavy precipitation or seasonal runoff Frozen ground during spring runoff can also create a perched condition. We recommend below - grade construction, such as retaining walls and relatively deep crawlspace areas, be protected from wetting and hydrostatic pressure buildup by an underdrain system. The drains should consist of drainpipe placed in the bottom of the wall backfill surrounded above the invert level with free -draining granular material. The drain should be placed at each level of excavation and at least 1 foot below lowest adjacent finish grade and sloped at a minimum 1% to a suitable gravity outlet. Free -draining granular material used in the underdrain system should contain less than 2% passing the No. 200 sieve, less than 50% passing the No. 4 sieve and have a maximum size of 2 inches. The drain gravel backfill should be at least 1 % feet deep. Surface Drainage: Positive surface drainage is an important aspect of the project to prevent wetting of the bearing soils. The following drainage precautions should be observed during construction and maintained at all tunes after the residence has been completed: 1) Inundation ofthe foundation excavations and underslab areas should be avoided during construction. 2) Exterior backfill should be adjusted to near optimum moisture and compacted to at least 95% ofthe maximum standard Proctor density in pavement and slab areas and to at least 90% of the maximum standard Proctor density in landscape areas. 3) The ground surface surrounding the exterior of the building should be sloped to drain away from the foundation in all directions. We recommend a rninfinurn slope of 12 inches in the first 10 feet in unpaved Job No. 109 3S1A Gtech _4_ areas and a minimum slope of 3 inches in the first 10 feet in pavement and walkway areas. A swale may be needed uphill to direct surface runoff around the residence. 4) Roof downspouts and drains should discharge well beyond the limits of all backfill. 5) Landscaping which requires regular heavy irrigation should be located at least 5 feet from the building. Percolation Testing: Percolation tests were conducted on November 3, 2009 to evaluate the feasibility of an infiltration septic disposal system at the site. One profile pit and three percolation holes were dug at the locations shown on Figure 1. The test holes (nominal 12 inch diameter by 12 inch deep) were hand dug at the bottom of shallow backhoe pits and were soaked with water one day prior to testing. The soils exposed in the percolation holes are similar to those exposed in the Profile Pit shown on Figure 2 and consist of clayey to very clayey silty sand with scattered gravel and cobbles. The percolation test results are provided in Table 2 and indicate percolation rates from about 7V to 18 minutes per inch with an average of 11 minutes per inch. According to USDA soil type classification, the soil is Sandy Loam. The long term acceptance rate (LTAR) of Sandy Loam is considered to be about 0.72 gallons per square foot per day based on Sate of Colorado regulations. Based on the subsurface conditions encountered and the percolation test results, the tested area should be suitable for a conventional infiltration septic disposal system. A qualified professional should design the septic disposal system. Limitations: This study has been conducted in accordance with generally accepted geotechnical engineering principles and practices in this area at this time. We make no warranty either expressed or implied. The conclusions and recommendations submitted in this report are based upon the data obtained from the exploratory pits excavated at the locations indicated on Figure 1, the proposed type ofconstruction and our experience in the area. Our services do not include determining the presence, prevention or possibility of mold or other biological contaminants (MOBC) developing in the future. If the client is concerned about MOBC, then a professional in this special field of practice should be consulted. Our findings include interpolation and extrapolation of the subsurface conditions identified at the exploratory pits and variations in the subsurface conditions may not become evident until excavation is performed. If conditions encountered during construction appear different from those described in this report, we should be notified at once so re-evaluation of the recommendations may be made. Job No. 109 381A C- 6rtech This report has been prepared for the exclusive use by our client for design purposes. We are not responsible for technical interpretations by others ofour information. As the project evolves, we should provide continued consultation and field services during construction to review and monitor the implementation of our recommendations, and to verify that the recommendations have been appropriately interpreted. Significant design changes may require additional analysis or modifications to the recommendations presented herein. We recommend on-site observation of excavations and foundation bearing strata and testing of structural fill by a representative of the geotechnical engineer. If you have any questions or if we may be of further assistance, please let us know. Respectfully Submitted, HEPWORTH - PAWLAK GEOTECHNICAL, INC. Qb C � ICY? Fj N�1 David A. YoungSP d3 32 2i � 4x Reviewed by: Daniel E. Hardin, P.E. DAY/ksw W.O.aeynmo�"� �� 4- attachments Figure I, Location of Exploratory Pits and Percolation Test Holes Figure 2, Logs of Exploratory Pits Figure 3, Swell -Consolidation Test Results Figure 4, Gradation Test Results Table 1, Summary of Laboratory Test Results Table 2, Percolation Test Results cc: Vista Engineering — Attn: David Chase (dchase@vistaengcorp.com) Job No. 109 3811 Gortech LEGEND: PROFILE PIT L PERCOLATION TEST HOLE APPROXIMATE SCALE 1" = 100' OPOSED POLE BARN PROFILE PIT LOT 10 PIT 2 PROPOSED RESIDENCE PIT 1 7S+ 1249. 70Ar 100 6L9 M .oZ �wvA -Nrenusnan3 FLIM HAZARD <i11Y! Risla R£CEP7 0 679233 Heworth—Pawlak Geotechnical BENCH MARK: GROUND AT PROPERTY CORNER: ELEV. = 100.0', ASSUMED. °CATION OF EXPLORATORY PITS AND PERCOLATION TEST HOLES Figure IL a I,.. „.., 10 LEGEND: _J PIT 1 ELEV.= 107.6' PIT 2 ELEV.= 102.4' r� ! WC=7.2 ;f DD=85 WC=5.8 WC=1.7 DD=108 s= DD=102 7 TOPSOIL; organic silty clay, slightly moist, brown. PROFILE PIT ELEV.= 99.3' — •i +4=24 - -200=24 CLAY (CL); silty sandy, scattered gravel and cobbles, stiff, slightly moist, brown, low plasticity. 0 10 GRAVEL AND COBBLES (GC); with small boulders, sandy, clayey, medium dense to dense, slightly moist, brown, rocks are primarily subangular and a mix of basalt, sandstone and shale fragments. 2' Diameter hand driven liner sample. Disturbed bulk sample. NOTES: 1. Exploratory pits were excavated on November 2, 2009 with a Terex TX760B backhoe. 2. Locations of exploratory pits were measured approximately by pacing from features shown on the site plan provided. 3. Elevations of exploratory pits were measured by instrument level and refer to the Bench Mark shown on Figure 1. Logs of the pits are all drawn to depth. 4. The exploratory pit locations and elevations should be considered accurate only to the degree implied by the method used. 5. The lines between materials shown on the exploratory pit logs represent the approximate boundaries between material types and transitions may be gradual. 6. No free water was encountered in the pits at the time of excavating. Fluctuation in water level may occur with time. 7. Laboratory Testing Results: WC = Water Content (%} DD = Dry Density (pct) +4 = Percent Gravel -200 = Percent passing Silt and Clay 109 381A Hepworth--Powkak Geotechnical LOGS OF EXPLORATORY PITS Figure 2 0 o cti 0- Compression Compression % 2 3 4 0 1 2 3 4 5 Moisture Content = 5.8 percent Dry Density = 108 pct Sample of: Very Clayey Silty Sand with Gravel From: Pit 1 at 4 Feet 0.1 Expansion upon wetting b 1.0 10 APPLIED PRESSURE - ksf 100 Moisture Content = 7.2 percent Dry Density = 85 pcf Sample of: Clayey Silty Sand From: Pit 2 at'/2 Foot 0.1 109 381A Compression upon wetting 1.0 10 APPLIED PRESSURE - ksf HEPWORTh-PAWLAK GEOTECHNICAL SWELL -CONSOLIDATION TEST RESULTS 100 Figure 3 R ►,IN HYDROMLIE R ANALYSIS SIEVE ANALYSIS 11ME READINGS US. STANDARD SERIES 1 CLEAR SQUARE OPENINGS 24 Ha. 7 H 0 45 MIN. 15 MIN. 60MIN19MIN.4 MIN. 1 MIN. #200 #100 #50 #30 #16 #8 #4 318" 3/4" 1 1/2' 3' 5"6" 8" 100 10 20 30 40 60 70 80 90 100 1111 111.11110111111111111111111111111111111,11111111111111111111111111 amumilliunmeimen 111111111111111111111111111111111111111111111 NM ill111111111111111.11111M1 11111111.1111111111111111111 G.1i�=•i��id����� 11111111111111111111111111111 111111111111111111111111 111111111 1111111111111111111111111111111111 11111151111111111111111111111111111 ���i=!■�ii�iil� .001 .002 .005 .009 .019 .037 .074 .150 .300 .600 .18 2.36 4,75 9.5 19.0 37.5 76.2 152 203 12.5 127 DIAMETER OF PARTICLES IN MILLIMETERS CLAY SILT I V. ME SAND FIVE rMEDIUM .11' COARSE COARSE GRAVEL 24 % SAND 52 % SMALL MEDIUM 1 LARGE SILT 17 % CLAY 7 % LIQUID LIMIT % PLASTICITY INDEX % USDA SOIL TYPE: Sandy Loam 109 381A HEPWORTH-PAWLAK GEOTBCHNICAI.. CORAL ES FROM: Profile Pit from 3 Feet to 4 Feet USDA GRADATION TEST RESULTS 90 80 70 60 50 30 20 10 0 T PASSIN Figure HEPWORTH-PAWLAK GEOTECHNICAL, INC. TABLE 1 SUMMARY OF LABORATORY TEST RESULTS Job No. 109 381 SAMPLE LOCATION P#4 Depth {f}) NATURAL MOISTURE CONTENT !y,) NATURAL DRY DENSITY (pef) GRA GRADATION GRAVEL SAND %S) !%) PERCENT PASSING NO. 200 SIEVE L# ATTERBERG UMITS LIQUID PLASTIC LIMIT INDEX (%) UNCONFINED COMPRESSIVE STRENGTH (PSF) SOIL OR BEDROCK TYPE 4 5.8 108 Very clayey silty salt gravel 2 1/2 7.2 85 4 3-4 1.7 102 24 52 24 Clayey silty sand Very clayey silty san3 Sandy Loam 4' HEPWORTH-PAWLAK GEOTECHNICAL, INC. TABLE 2 PERCOLATION TEST RESULTS JOB NO. 109 381 A HOLE NO. HOLE DEPTH (INCHES) LENGTH OF INTERVAL (MIN) WATER DEPTH AT START OF INTERVAL (INCHES) WATER DEPTH AT END OF INTERVAL (INCHES) DROP IN WATER LEVEL (INCHES) AVERAGE PERCOLATION RATE (MIN./INCH) P-1 48 15 refilled 10'/4 34/2 81/2 .113' 04/4 83//4 31/2 63/4 4% 2 43/4 34/4 11/2 131/4 93/431/2 93/4 7 23/4 7 5 2 5 31/2 11/2 P-2 48 15 refilled 133/4 104/4 3% 71/2 10"/471/4 3 771/4 51/4 2 51/4 33/4 14/2 12% 10 2% 10 7 3 7 5 2 5 3 2 P-3 48 15 13% 11% 21/4 17 111/2 93/4 13/4 81/4 11/2 993/4 81/4 663/4 14/2 8% 51/2 11/4 5% 41/2 1 41/2 33/4 3/4 33/4 2% 1 Note: Percolation test holes were hand dug in the bottom of backhoe pits and soaked on November 2, 2009. Percolation tests were conducted on November 3, 2009. The average percolation rates were based on the last two readings of each test. SITE DEVELOPEMENT PLAN LOT 10 MONUMENT RIDGE SUBDIVISION GARFIELD COUNTY, COLORADO ONE 4401 _ FORTY MI A =71.62' R -l0. 00' 0 =60.23' 18' CH =Q. 44' 0RG.14 70'57' 45' Y SURVEYOR'S CERTF0 90 1 CARO. C. 1.14SiC4.509, A =KED SURV CR Rt RIE SIM or 1}IL0 » CERRfY THAT iME LOCATED ME PRONRIV MIS FOR IRE PROPERTY unari9R ✓ 0000W1190 b DM= Bim' f e innnt 111 0001111 MOWED 14,4E04 MD ME 0 RlE 001005 REPI9C0T0TNE IS SII01R3 1619711 RFS EEnIe1GFI01Y operM ro MOM= TS 00 0015 1400 R1700FNT 91010911101101 CREATOR CERTMCR1E OR N1N0VF1011 Sep9ET. 0+1Y6] 1 1RGIOLSON P1.0. 111505 DRR4EE i KSJE01EYMR51NC. DAVID C. NICNO4 SI N Ptotesaionet Lona Surnnyar 1000 000Co Stem Rood Newe do,Cobroda 070107&50.:12 re40i 'Wa+ COLEMAN SITE PIAN LOT 10 - MONUMENT RIDGE SUBDIVISION 101 MONUMENT RIDGE ROAD GARFIELD COUNTY. COLORADO OCTOBER 30, 2009 PROD. 8985,3 LOT 10 MONRDGE.DWG estry Builders 120 N. Railroad Avenue Parachute, CO 8 i 635 970.285.0398 Fax (970) 285-7596 Email: witthomes@witthomes.com WeMJi vi4r f)reatns intv j�ewtit� AE CUSTOM HOMES COLEMAN RESIDENCE Exterior Doors: Description Front door Garage service Shop service Dining Interior Doors: Mud room Laundry Laundry Pantry Hall Bath Bedroom 3 Bedroom 3 closet Linen Bedroom 2 Bedroom 2 closet Entry closet Master Bedroom Master closet Master Bath Master Toilet Den Den closet 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 DOOR SCHEDULE Size 3' LH with Sidelight 2'8" LH 2'8" LH Double 3' with 1' Transom 2'8" LH solid core 2'8" LH 2'8" LH 2' RH 2'4" RH 2'6" LH 2'4" LH 2' LH 2'6" LH 2'4" LH Double 2'4" L & R Active 3'RH 2'4" LH 2'4" Pocket door 2'4" LH 3' LH Double 2'6" L & R Active pestry Builders 120 N. Railroad Avenue Parachute, CO 81635 970.285.0398 Fax (970) 285-7596 Email: witthomes@witthomes.com tiveewin oro r j>re rus into e9 Ut! VINiE CUSTOM HOMES COLEMAN RESIDENCE WINDOW SCHEDULE Location Size Den 2 2660 SH Bedroom 2 2 2660 SH Mulled Bedroom 3 1 3060 SH Shop 1 4050 Slider xo Kitchen 1 4046 Slider xo Living Room 1 5050 Fixed 11411161 Living Room 2 2450 SH Living Room 1 5030 Fixed Living Room 2 2020 Fixed Master Bedroom 3 3060 SH Master Bath 2 2650 Fixed estry Builders 120 N. Railroad Avenue Parachute, CO 81635 970.285.0398 Fax (970) 285-7596 Email: witthomes@witthomes.com WMVI:4 171/1rPre43,015 int' jZel�iit FINE E CUSTOM HOMES COLEMAN RESIDENCE Location Den Bedroom 2 Bedroom 3 1 Shop 1 Kitchen 1 Living Room 1 Living Room 2 Living Room 1 Living Room 2 Master Bedroom 3 Master Bath 2 2 2 WINDOW SCHEDULE Size 2660 SH 2660 SH Mulled 3060 SH 4050 Slider xo 4046 Slider xo 5050 Fixed 2450 SH 5030 Fixed 2020 Fixed 3060 SH 2650 Fixed estry Builders 120 N. Railroad Avenue Parachute, CO 81635 970.285.0398 Fax (920) 285.7596 Email: witthomes@nitthomes.com waigginq r preA01,5 mte f axti.ti/ kI$E CUSTOM HOMES COLEMAN RESIDENCE Exterior Doors: Description Front door Garage service Shop service Dining Interior Doors: Mud room Laundry Laundry Pantry Hall Bath Bedroom 3 Bedroom 3 closet Linen Bedroom 2 Bedroom 2 closet Entry closet Master Bedroom Master closet Master Bath Master Toilet Den Den closet 1 1 1 1 DOOR SCHEDULE Size 3' LH with Sidelight 2'8" LH 2'8" LH Double 3' with 1' Transom 2'8" LH solid core 2'8" LH 2'8" LH 2'RH 2'4" RH 2'6" LH 2'4" LH 2' LH 2'6" LH 2'4" LH Double 2'4" L & R Active 3'RH 2'4" LH 2'4" Pocket door 2'4" LH 3' LH Double 2'6" L & R Active Parcel Detail Garfield County Assessor/Treasu rer Parcel Detail information Page 1 of 4 Assessor/Treasurer Property Search 1 Assessor Subset Query 1 Assessor Sales Search Clerk &Recorder Reception Search Basic Building Characteristics 1 Tax Information Parcel Detail 1 Value Detail 1 Sales Detail I Residential/Commercial Improvement Detail Land Detail I Photographs 1 Mill Levy Revenues Detail Tax Area Account Number Parcel Number 2008 Mill Levy 027 R042710 240720226010 [ 35.007 Owner Name and Mailing Address WASSERMAN, DAVE 1100 WHITIFIELD N O RTH B ROO K, IL 60062 Assessor's Parcel Description (Not to be used as a legal description) SECT,TWN,RNG:20-7-95 SUB:MONUMENT RIDGE SUB -DIV LOT:10 PRE:R008688 AND/TH RU:A TO: 8008689 BK:0552 PG:0092 BK:0464 PG:0585 BK:0336 PG:0272 BK:1781 PG:6 RECPT:694232 BK:1777 PG:45 RECPT:693413 BK:1777 PG:33 RECPT:693407 BK:1753 PG:674 RECPT:688073 BK:1753 PG:672 RECPT:688072 BK:1714 PG:360 RECPT:679636 BK:1712 PG:903 RECPT:679338 BK:1712 PG:873 1 http://www.garcoact.com/assessor/Parcel.asp?AccountNumber=8042710 11/23/2009 Parcel Detail Page 2 Gi4- IRECPT:679337 BK:1712 PG:872 RECPT:679336 BK:1712 PG:849 RECPT:679335 BK:1426 PG;132 RECPT:618487 BK1426 PG:128 RECPT:618486 BK1415 PG:533 RECPT:616317 BK:1369 PG:103 RECPT:606907 BK:1363 PG:284 RECPT:605346 BK:1213 PG:17 RECPT:570989 BK1213 PG:16 RECPT:570988 BK:1213 PG:15 RECPT:270987 BK:0842 PG:0703 BK:0834 PG:0445 BK:0834 PG0434 BK:0744 PG:0510 BK:0672 PG:0007 Location Physical Address: 101 MONUMENT RIDGE RD PARACHUTE Subdivision: MONUMENT RIDGE SUB -DIV Land Acres: 6.288 Land Sq Ft: 0 Section Township Range 20 7 95 2009 Property Tax Valuation Information Additional Value Detail Most Recent Sale sale Pa e: 3/2/2006 11 h-tip://www.gaitoact.corn/assessor/Parcei.asp?AccountNumber=R042710 11/23/2009 Actual Value Assessed 1/4 lue Land: 97,220 28,190 Improvements: 0 To -tai: 97,220 28,196 Additional Value Detail Most Recent Sale sale Pa e: 3/2/2006 11 h-tip://www.gaitoact.corn/assessor/Parcei.asp?AccountNumber=R042710 11/23/2009 Parcel Detail Page 3 of4 l Safe Price: 242,000 Additional Sales Detail Basic Building Characteristics Number of Residential Buildings: Number of Comm/1nd Buildings: 0 0 No Building Records Found Tax Information Tax Year Transaction Type Amount 2008 Tax Payment: Whole ($5.00) 2008 Tax Payment: Whole ($2.44) 2008 Tax Amount $5.00 2008 Tax Amount $2.44 2007 Tax Payment: Whole ($5.00) 2007 Tax Payment: Whole ($2,56) 2007 Tax Amount $5.00 2007 Tax Amount $2.56 2006 Tax Payment: Whole ($5.00) 2006 Tax Payment: Whole ($2.20) 2006 Tax Amount $5.00 2006 Tax Amount $2.20 2005 Tax Payment: Whole ($10.68) 2005 Tax Amount $10.68 Mil[ Levy Revenues Detail TopnfPare Assessor Database Search Options 1 Treasurer_ Database Search Options Clerk & Recorder 1 tabase Search Options http://www.garcoact.com/assessor/Parcel.asp?AccountNumber-R042710 11/23/2009