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Home My WebLink About1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com L Special Use Permit GENERAL INFORMATION (To be completed by the applicant.) ➢ Street Address / General Location of /Property: I5 ‘`.)-2/ 6 ��G✓ �O^ �. lC C�,73 r /- ➢ Legal Description: _`=ec 7 �"{4< „i i?c, ., ,J( /0/ > Existing Use & Size of Property in acres: /0 3,-/ / ➢ Description of Special Use Requested: ,2) „,,,j n aL //1../.0,2,1/0c,/,/1../.0,2,/1../.0,2,1/0c,/,/�+--r � �'� x,%r� h c�`'/ G�'X /S / •7� u e• -,720U: > Zone District: f7J /? 9 ➢ Name of Property Owner (Applicant): %� -�-.�� -�� »Z I C/s'" ➢ Address: 3_6-.)3_6-.)�', ,,-/ /2�,, / /0/ Telephone: 27o- 963- /6,2Q j ➢ City: // , / State: Co Zip Code:,?/G-3 FAX: 920- 963 9c C rJC7- c G > Name of Owner's Representative, if any (Attorney, Planner, etc): > Address: 3s3 � -� yS i2- Sv.ri� Telephone: -'c'1- State: Cd Zip Code: 3907/2., FAX: 3 . 22/ 3� > City: STAFF USE ONLY > Doc. No.: Date Submitted: TC Date: > Planner. Hearing Date: WFI www.wfinet.com April 16, 2007 next generation networks LETTER OF INTENT FOR SPRINT/NEXTEL SPECIAL USE PERMIT Project: DN72XC030 Carbondale Applicant: Sprint/Nextel 333 Inverness Drive South Englewood, CO 80112 Applicant Representative: Perry Carroll Site Acquisition Specialist WFI 333 Inverness Drive South Englewood, CO 80112 Phone: 303-435-2252 Fax: 303-721-3944 E-mail: perry.carroll@wfinet.com Site Address: 351 County Road 101 Carbondale, CO 81623 Parcel#: 2393-344-00-018 Zone District: Agricultural/Residential/Rural Density Equipment Modification: Adding three antennas to the existing 25 foot wood pole and expanding the existing compound 135sq feet to add equipment cabinets. Request: Special Use Permit. Proposed Installation: The modification of the existing telecommunications facility will consist of adding three panel antennas to the existing 25 foot wood pole the new antennas will be placed on top of the existing wood pole with a rad -center of 28 feet, with the top of the antenna being at 31 feet. The three new antennas will consist of three 5 foot panel antennas. The three new antennas will be connected to the new equipment cabinets with 6 runs of coax in the expanded nine foot by fifteen foot lease area. The expanded lease area will be enclosed by a chain link fence that matches the existing chain link fence on site for security. New power and telephone will brought to the site from existing utilities in the area. Access to the site will be off of the existing access driveway and road to the compound. Hours of Operation and Access: The telecommunications facility is unmanned and runs 24 hours a day, 7 days a week. The site will be serviced approximately once a month by a Sprint/Nextel site technician driving a four wheel drive vehicle on the existing access road to the site. Please see site plan for more detailed information on modifications. Justification: To provide cell phone coverage for Sprint in the area where it currently is unavailable. Modifying this existing site will minimize the visual impact in the area by adding Sprint's antennas to the existing wood pole and adding more equipment next to existing telecommunications facility. Conditional and Special Uses Section 503: (1) Utilities adequate to provide water and sanitation service based on accepted engineering standards and approved by the Board of County Commissioners shall either be in place or shall be constructed in conjunction with the proposed use; (A97-60) No water and sanitation needed for a communications facility. (2) Street improvements adequate to accommodate traffic volume generated by the proposed use and to provide safe, convenient access to the use shall either be in place or shall be constructed in conjunction with the proposed use; The communications facility will be accessed once a month by a Sprint/Nextel site technician. The existing access road will not need any improvements and will adequately accommodate the traffic volume created by the improvement of the existing communications facility. (3) Design of the proposed use is organized to minimize impact on and from adjacent uses of land through installation of screen fences or landscape materials on the periphery of the lot and by location of intensively utilized areas, access points, lighting and signs in such a manner as to protect established neighborhood character; Installing the new antennas on the existing wood pole and installing new equipment cabinets next to the existing communications facilities will minimize the visual impact in the area. No new tower needed in area for Sprint to provide telecommunication service. No landscaping or screen fence should be required due to the location of the proposed expansion of the communications facility. The new equipment can not be seen from any public roads in the area. Access to the site will be off of the existing access driveway and road to the compound. No lighting or signage needed for the communications facility. 5.03.13 Broadcasting Studio and/or Communication Facility: Such broadcasting studios and/or communication facility shall be approved by the Federal Communication Commission and the Federal Aviation Administration, where appropriate. (A. 84-78;97-60) 1. All facilities shall comply with the radio frequency emission requirements of the Federal Communications Commission and any facility in compliance cannot be denied. Sprint/Nextel will be approved and comply with the rules and regulations set forth by the FCC and the FAA. 2. The co -location of telecommunication facilities on one site is encouraged and the denial of a landowner/lessor of the co -location of a site shall be based on technical reasons, not on competitive interests. It is the County's policy to minimize the number of communication facilities by the encouragement of co -locating such facilities. Sprint/Nextel is proposing to co -locate on an existing facility. 3. A freestanding telecommunication facility, including antennas, shall not exceed the maximum structure height in the applicable zone district unless an exception is approved by the Board based on the applicant demonstrating the following: (a) Use of existing land forms, vegetation and structures to aid in screening the facility from view or blending in with the surrounding built natural environment. Using the existing 25 foot wood pole to mount three new antennas on will blend with existing communication facilities located on the same site. (b) Design, materials and colors of antennas and their support structures, shall be compatible with the surrounding environment, and monopole support structures shall taper from the base to the tip. The panel antennas that will be added to the existing wood pole will be consistent with other panel antennas that are located on the other existing communication facilities located on the same site. The existing wood pole is tapered from base to tip. (c) It is consistent with existing communication facilities on the same site. The expansion of the lease area and the addition of three new antennas will be consistent with existing communication facilities on the same site. Perry Carroll WFI, Site Acquisition Specialist For Sprint/Nextel 333 Inverness Drive South Englewood, CO 80112 Apr 03 07 11:18a Skyline Ranch ...... 6.VVI LV,Arun' 970-963-9034 p.1 NU. 61S4 P. 2 LETTER OF AUTHORIZATION COUNTY OF: GARFIELD APPLICATION FOR ZONING/USE/BUILDING PERMIT As owner(s) of the below described property, does/do hereby appoint WPI. for Sprint/Nextel as agent for the purpose of consummating any application necessary to ensure their ability to use and/or construct improvements to the property leased, or licensed, to them for the purpose of constructing a communications site. 1 understand that the application may be denied, modified or approved with conditions and that such conditions or modification must be complied with prior to issuance of building permits. 1/We hereby authorize the employees of the County of Garfield to enter upon the subject property during normal business hours as necessary to inspect the property for the purpose of processing this application. Located at 351 County Road 101, Carbondale, CO 81623 Assessor's Parcel Number: 2393-344-00-018 Signature of Property Owner: Signature of Property Owner: _ ) Date: /2 A eiepuoq reo N} C4 0 (/) 0 0 m N 0 NMOlAlIJ m 0 3 r- 0 0 c v o 0 0 CD CD CD CD CD o •- Z - CD 1 -. -. -. -. o r -r- m m a m m m m I C 0 C z CD v c a a ( Z -1 -1 a () 0 QD a CD (D 0 Cn O Z C0 v O 0 m luatudolonea on pauueld • lueuwdolenaQ pauueld pallurr7 lelo ieukuo3 /emu's° le!QaauiuioD leulsnpul 1146!7 spue7 aQanosad l euisnpul/l e rnllnoufi y Agricultural/Residential/Rural Density Parcel Detail Page 1 of 3 Garfield County Assessor/Treasurer Parcel Detail Information 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 1 Residential/Commercial Improvement Detail Land Detail 1 Photographs Tax Area 011 Account Number R009084 Parcel Number 239334400018 Mill Levy 63.103 Owner Name and Mailing Address WOODWARD, DARLYNE M. & COLLISON, MARTHA G. 356 COUNTY ROAD 101 CARBONDALE, CO 81623-2181 Legal Description SECT,TWN,RNG:34-7-88 DESC: A PCL IN SEC 34 LYING SLY OF SLY ROW OF D&RGW RR AKA PARCEL 1 KELLEY EXEMPTION PRE:R011305 BK:520 PG:199 BK:489 PG:578 BK:489 PG:574 BK:489 PG:572 BK:488 PG:361 BK:485 PG:479 BK:485 PG:477 BK:0489 PG:0569 BK:1376 PG:215 RECPT:608481 BK:1171 PG:796 RECPT:558995 BK:1171 PG:788 RECPT:558993 BK:1171 PG:779-784 RECPT:558989 BK:0951 PG:0967 BK:0951 PG:0964 Location II II littn.//www urnact_cnm/assessor/narcel.aso?ParcelNumber=239334400018 4/10/2007 Parcel Detail Page 2 of 3 Physical Address: IICARBONDALE Subdivision: Land Acres: Land Sq Ft: 10.34 0 Section Township Range 34 7 88 Property Tax Valuation Information Sale Date: Sale Price: Basic Building Characteristics Number of Residential Buildings: Number of Comm/Ind Buildings: 1 0 I 1 Actual Value Assessed Value Land: 340,000 27,060 Improvements: 294,490 23,440 Total: 634,490 50,500 Sale Date: Sale Price: Basic Building Characteristics Number of Residential Buildings: Number of Comm/Ind Buildings: 1 0 I 1 Residential Building Occurrence 2 Characteristics TOTAL HEATED AREA: 2,438 ABSTRACT CODE: SINGLE FAM.RES- IMPROVEMTS ARCHITECTURAL STYLE: 1 -STORY EXTERIOR WALL: WD SIDING ROOF COVER: WD SHINGLE ROOF STRUCTURE: GABLE INTERIOR WALL: DRYWALL FLOOR: CARPET FLOOR: SHT VINYL HEATING FUEL: GAS HEATING TYPE: FORCED AIR STORIES: STORIES 1.0 httn://www.garcoact.com/assessor/narcel.asn?ParcelNumber=239334400018 4/10/2007 Parcel Detail Page 3 of 3 BATHS: 111.7 ROOMS: 9 UNITS: 1 BEDROOMS: 3 YEAR BUILT: 1960 Tax Information Tax Year Transaction Type Amount 2006 Tax Payment: First Half ($1,593.36) 2006 Tax Amount $3,186.72 2005 Tax Payment: Second Half ($1,600.27) 2005 Tax Payment: First Half ($1,600.27) 2005 Tax Amount $3,200.54 2004 Tax Payment: Second Half ($1,530.55) 2004 Tax Payment: First Half ($1,530.55) 2004 Tax Amount $3,061.10 2003 Tax Payment: Second Half ($1,286.76) 2003 Tax Payment: First Half ($1,286.76) 2003 Tax Amount $2,573.52 2002 Tax Payment: Second Half ($1,532.60) 2002 Tax Payment: First Half ($1,532.60) 2002 Tax Amount $3,065.20 Top of Page Assessor Database Search Options 1 Treasurer Database Search Options Clerk & Recorder Database Search Options Garfield County Home Page The Garfield County Assessor and Treasurer's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Garfield County Assessor and Treasurer's Offices are unable to warrant any of the information herein contained. Copyright © 2005 - 2006 Good Turns Software. All Rights Reserved. Database & Web Design by Good Turns Software. httn•//www aarcnaot onm/acce.ccnr/narrel ac n2ParcelNnmher=23933440001 8 4/10/2007 TAKE 1-25 NORTH TO 1-70 WEST; TAKE EXIT 116 TOWARD CO -82 E/ GLEN WOOD SPRINGS/ ASPEN. TURN RIGHT ONTO NORTH RIVER DRIVE. NORTH RIVER DRIVE BECOMES 6TH STREET. TURN RIGHT ONTO GRAND AVENUE/ CO -82. CONTINUE TO FOLLOW CO -82E. TURN RIGHT ONTO CO -133. TURN LEFT ONTO MAIN AVENUE/ CR -100. CONTINUE TO FOLLOW CR -100. TURN RIGHT ONTO SNOWMASS DRIVE. TURN LEFT ONTO CR -101/ WHITE HILL ROAD. END AT 0356 COUNTY ROAD 101. DRIVING DIRECTIONS (FACILITY IS UNMANNED AND NOT FOR HUMAN HABITATION. HANDICAPPED ACCESS NOT REQUIRED._ PROJECT INFORMATION SITE ADDRESS. 0351 COUNTY ROAD 101 CARBONDALE, CO. 81623 ZONING JURISTICTION: GARFIELD COUNTY ZONING CLASSIFICATION'. EXISTING TELECOM FACILITY LATTITUDE: 39° 23' 57.12" LONGITUDE: 107° 12' 21.6" OWNER: DARLYNE WOODWARD 8 MARTHA COLLISON APPLICANT: WFI 333 INVERNESS DRIVE SOUTH ENGLE WOOD, CO 80112 PERRY CARROL PHONE: 303-435-2252 ARCHITECT: TREX ARCHITEX 146 MADISON STREET DENVER, CO 80206 RANDALL STEINKE PHONE: (720)- 260-7093 SCOPE OF WORK: INSTALL THREE (3) NEW 4.614 COMA PANEL ANTENNAS AT 32'-7" RAD CENTER ON EXISTING 3011 WOOD POLE Sprii Toge ONING z- VICINITY AREA MAP 3 MAP 2008m 01 600 main 51 Garfield Are &&N,y •r.:,, , so . g _ P'''' ' t add Ave nHe Sops ANC & RA ti Nihon Dr 'S4 3 brace. U 16 r R1 t ,. 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Le x chite dls0n Street CO 80206 3 8 0. 2 9 1 8 ; s g = �!r^ GOm-0 r= v @$ 6 g p~ m • Z® 0 F co --1 m - v A z xm n m co � 7JZ 0 O� m, 0 w 1 m / m130 m• Z0 w• pm Z (") n O 0 C z 0 11 31VONO92i`d3 m s A 0 QZ o X on �o W 0 g N — z < Y < D < SUBMITTAL 2 2 a BUILDING PERMIT CHK: RS APP'D: RS ZONING DOCUMENTS X z 0 0 O r -130 X_ 4 Z 0 o 0 C -< t/) oC z m 0 m m om in m N 0 o 0 -o 0 C 'D m O C z 0 m x in 1 z 0 n Z 0 C x mR xi Pl 0 c0v V, X 0 13 0 0 0 m z 0 I z m -o p 0 > r Z Z AO m X >0 DZrX 13 0 N z 0 Y> 1 V1 f ! 0 m > 0 � 4 0 M o m z zg 4. _ •'�' > 'i. o. I'i'i'i'i'iSi . P10p m1 om (Nn0 O 0 • FF -0 V 1 V 1 f FF 0 r m rm'O Z 0 o0 1 1 J Z Al H- N -n OZ Z.W. Z 'D T O D 0O ON -4 1 (m'O w0 D 0> FF D o m Z D • Vi m opoCT s o�p �II a * 1:3 g =. im SHEET NUMBER: A3 S N O LLVA 311LL 13368 SITE ID DN72XC030 CO -0088 SITE NAME: ARBONDALE SITE ADDRESS'. OUNTY ROAD 101 1NDALE, CO. 81623 rn SUBMITTAL ,„„,, texrchitex Madison Street CO 80206 e 3 8 8. 2 9 1 8 �: 0 CHK. RS APPS. RS BUILDING PERMIT CHK: RS APP.!) . RS NI /T m € FE P i i n networks iS DRIVE SOUTH COLORADO 80112 gQ 44 I y8�j / I N SECTOR 3 (GAMMA) SECTOR 2 (BETA) SECTOR 1 (ALPHA) SECTOR ETS R ANTENNA AZIMUTH MAKE/MODEL SOUTHERN EXPOSURE IJ R N3 $ LUCENT GPS a i0 8 CJ v EMS FR65-17-00DP 0' Iy 8 0 v ITHS PRIOR TO ORDERING, FABRICATION, OR INSTALLATION OF CAB ® ANTENNA SCHEDULE SCALE: 1/4" = 1'-0" D U. Of x X X 0 U Ch x x x O 56Hx12Wx7D ANTENNA SIZE 0_ 1 0 0 I 0 0 I 0 8 1. 0 COAX LENGTH I PO 1 v 0 N V 0\D v DI v > CABLE SIZE Z D Z D Z D Z D TOP JUMPER Z Z Z Z �m KOj 11 ELECTRICAL DOWN TILT: O' MECHANICAL DOWN TILT: 0' ELECTRICAL DOWN TILT: O' MECHANICAL DOWN T1LT: 0' ELECTRICAL DOWN TILT: 0' MECHANICAL DOWN TILT: � 0 0 C 5 1. THREADED RODS ON THE POLY-PHASOR RACK SHALL BE CUT 4" BELOW THE BOTTOM CROSS MEMBER AND CAPPED 2. ALL COAXIAL CABLE SHALL BE SECURED TO THE DESIGNED SUPPORT STRUCTURE AT DISTANCES NOT TO EXCEED 3' OR THE CABLE MANUFACTURERS SPECIFICATIONS, WHICHEVER IS LESS, WITH HARDWARE SPECIFIED IN THE COAXIAL CABLE ROUTING DETAILS OF THE SUPPLIED STRUCTURAL REPORT. 3. ALL MAIN CABLES SHALL BE COLOR CODED AT FOUR LOCATIONS: A) AT ANTENNA PRIOR TO JUMPER, B) AT THE BOTTOM OF THE TOWER, C) AT THE EXTERIOR PART OF THE COAX ENTRY PORT (AT THE SHELTER/CABINET WALL), D) INTERIOR OF THE SHELTER/CABINET. 4. ALL MAIN CABLES SHALL BE GROUNDED AT: A) THE ANTENNA MOUNTING PIPE, B) MIDDLE OF THE CABLE RUN IF OVER 200', C) PRIOR TO ENTERING EQUIPMENT SHELTER/CABINET (WITHIN 1' OF ENTRY). 5. PROVIDE AT LEAST 6" OF SLACK IN THE MAIN COAXIAL CABLES AT THE TOWER TOP TO PROVIDE FOR FUTURE CONNECTOR REPLACEMENT. 6. PROVIDE A CABLE DRIP LOOP AT THE BOTTOM OF THE TOWER BELOW THE TOWER BOTTOM GROUND CONNECTIONS AND AS THE CABLE TRANSITIONS TO THE SHELTER/CABINET. 7. CONTRACTOR SHALL VERIFY COAX CABLE TYPE, ANTENNA TYPE, AZIMUTHS, AND DOWNTILTS WITH THE CONSTRUCTION MANAGER IMMEDIATELY PRIOR TO CONSTRUCTION. eGENERAL NOTES SCALE: 1/4" = ‚vy. (1)PROPOSED PAINT TO MATCH EXISTING • Nip ENNA CONFIGURATION " 3.V 3 VI DW CO n n siuco� r1 8 m mho A D M, so * 7 loon] co SHEET TITLE. JTENNA ETAILS SITE ID: DN72XC030 CO -0088 SITE NAME ARBONDALE SITE ADDRESS. OUNTY ROAD 101 INDALE, CO. 81623 SUBMITTAL 'Ze.� rchitex '.Aodison Street CO 80206 . 3 8 8. 2 9 1 8 I_ul. y 2y n CHK. RS I APPD: RS 0 CHK. RS AP90: RS CONING DOCUMENTS QQQ z Atu D m m v y n networks,. iS DRIVE SOUTH COLORADO 80112 8 y S*1 S 8 a¢�'saa =b _ ae gii 3 COPA.EVDD cell Level intorn.l rn i atIre (1 aATT. EV -DO) Beechnut Type OT"a equipment Mode Cremation (degrees) Coaxial Cede Line Length (fee) Numbe of Coeval Cable Runs (quanbr)1 Cocaal Cable Manufacturer Compal Cable Sow Cross Bend Couplet Mealier -ere Model) Other Umque Comrb08 Splitter. Connector (type. insertion on dB) Number of Goss 8.00 Coupled Come Cables Antenna 90gh' (Red Center) Number of Antennae (eternity) Antenna Maintlec war Antenna Model Antenna Length (N) Antenna Gain (d8) Tr Design ERP ( Waits. Wm) Estimate Forward Unk Path Lost 0 dB (BTS la Antenna) Estimate Reverse Link Path Lost In dB (Antenna to BTS) Matlrancel TII (degrees)(• number is Gbe0774 -number is C¢nx) Doctored Tat (degrees) R of Garners IARTT / ulcerates EVDO Reocwrirrg Special Event Carrier Count (I tdiTT. EVDO) Mercury (Vee 3 No) Type of Forced Zink Mercury Equipment Type of Reverse link Mauer Equipment TTA/1NA (cope) S g 2 am Iqu3 .4.4.2s 005e# Iqu3 ereuw0 � 44r4008 1.* 86003 /NA)) eclAl96880.On Pim* aB Asobn Combine, Type T%P3h I (PED) Combiner Type TR Pee 2 (BLUE) Combiner Type TO Pam 3 (GREEN) TEAM Number of Comers Designed PTO (d8m) Cowie Cable Lee Length (Feed Number of CCM. 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Rz pat* 3'_+1 us 2 v4 S13 1 sz .1 F D I. eft s = 3a a a _i 1! 11 li la ;_ o i A — IF Y ag 3 l n 3; PI y5o i NM/ a F. : SHEET NUMBER: A6 SHEET TITLE: RF SHEET SITE 10: DN72XC030 CO -0088 SITE NAME: CARBONDALE SITE ADDRESS: 0351 COUNTY ROAD 101 CARBONDALE, CO. 81623 ASE SEAL zD < Architex 1 4 6 Madison Street Denver, CO 80206 3 0 3 3 8 8. 2 9 1 8 LA 9ta of• o F. ao SUBMITTAL U 73 ii BUILDING PERMIT ZONING DOCUMENTS /t tom g 38 4 _ N n I• n networks BS DRIVE SOUTH DOLORADO 80112 gS A $ Z Ji/ List of Parcels, Names and Address Within 200 feet of Parcel 2393-344-00-018 2393-344-00-002 BAMFORD, JOE D. & KRISTI J. 125 RIO GRANDE LN CARBONDALE, CO 81623-1732 2393-344-00-003 BUCHMAN, EDWARD R REVOCABLE TRUST & BUCHMAN, MICHELLE J REVOCABLE TRUST 608 DEL NORTE RD OJAI, CA 93023-1705 2393-344-00-004 BUCHMAN, EDWARD R REVOCABLE TRUST & BUCHMAN, MICHELLE J REVOCABLE TRUST 608 DEL NORTE RD OJAI, CA 93023-1705 2393-344-00-006 GREEN, PETER C. & LINDA M. 180 COUNTY ROAD 101 CARBONDALE, CO 81623-2121 2393-344-00-007 CARBONDALE, TOWN OF 511 COLORADO AVE CARBONDALE, CO 81623-2067 2393-344-00-009 NIESLANIK, PAUL R. & CELIA R. 481 COUNTY ROAD 100 CARBONDALE, CO 81623-9547 2393-344-00-011 BUCHMAN, EDWARD R REVOCABLE TRUST & BUCHMAN, MICHELLE J REVOCABLE TRUST 608 DEL NORTE RD OJAI, CA 93023-1705 2393-344-44-001 ARBANEY, HEATHER & BUSTER 125 GARFIELD AVENUE CARBONDALE, CO 81623 2393-344-44-002 BROWNELL, BETSY A & BROSE, GREGORY R PO BOX 3944 BASALT, CO 81621 2393-344-44-003 GARDNER, MEGAN E & JONATHAN R ABELL, TROY D & BAKER, LISA C 121 GARFIELD AVENUE CARBONDALE, CO 81623 2393-344-44-004 RITTI, JOCELYN A 119 GARFIELD AVE CARBONDALE, CO 81623 2393-344-03-001 GARFIELD COURT, INC. 1188 HERITAGE DRIVE CARBONDALE, CO 81623 2393-344-03-007 GARFIELD COURT, INC. 1188 HERITAGE DRIVE CARBONDALE, CO 81623 2393-344-07-001 ROSE, MARTHA MARNO & MICHAEL R. (J.T.) 122 SOPRIS AVE CARBONDALE, CO 81623-2165 2393-344-07-002 FEDISHEN, W. MICHAEL 112 SOPRIS AVE CARBONDALE, CO 81623-2165 2393-344-08-012 SUTHERLAND, LEON B. & DONNA L. PO BOX 595 CARBONDALE, CO 81623-0595 2393-344-00-012 GARFIELD COURT, INC. 1188 HERITAGE DRIVE CARBONDALE, CO 81623 2393-344-00-014 CHURCH OF CARBONDALE 110 SNOWMASS DRIVE CARBONDALE, CO 81623-0854 2393-344-00-017 ROARING FORK TRANSPORTATION AUTHORITY 530 EAST MAIN STREET ASPEN, CO 81611 2393-344-00-019 WOODWARD, DARLYNE M. & COLLISON, MARTHA G. 356 COUNTY ROAD 101 CARBONDALE, CO 81623-2181 (Same Property Owners on the Zoning Application) 2393-344-00-020 WOODWARD, DARLYNE M. & COLLISON, MARTHA G. 356 COUNTY ROAD 101 CARBONDALE, CO 81623-2181 (Same Property Owners on the Zoning Application) 2393-344-01-004 BURKHOLDER, ROSEMARY R 111 MAIN STREET CARBONDALE, CO 81623 2393-344-01-008 CARBONDALE CLAY CENTER 135 MAIN ST CARBONDALE, CO 81623-2136 2393-344-02-001 GUELBERTH, CEDAR ROSE PO BOX 113 CARBONDALE, CO 81623 2393-344-02-002 ANDERSON, LUTHER B. & MARY A. 126 MAIN ST CARBONDALE, CO 81623-2137 KELLEY EXEMPTION A 1 3 0 SSYMAONS C) 110 8 R 3,)hd os 0PY® 133SLS 0NO33S *NM 4)0®(0 "uE q0 ggERggggiggi t U= J Si a>>> >` 3` mm � = .3; ihmuuggggg2 �E �d�S53sa>iY>d s '&RRggRgggggRgg )11,4 C ONON3S r 1 tkicm 1J_ 0 Ala .8.111 MIDINMIU,, vo I M�MU` O I.I mum. 111319 Iri5". Mb= -- Ma -`ems MEM Parcel Detail Page 1 of 3 Garfield County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search 1 Assessor Subset Query I Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics 1 Tax Information. Parcel Detail 1 Value Detail 1 Sales Detail 1 Residential/Commercial Improvement Detail Land_Detal 1 Photographs Tax Area Account Number Parcel Number Mill Levy 058 R340333 239334400002 66.697 Owner Name and Mailing Address BAMFORD, JOE D. & KRISTI J. 125 RIO GRANDE LN CARBONDALE, CO 81623-1732 Legal Description SECT,TWN,RNG:34-7-88 DESC: TR IN LOT 10 BK:0431 PG:0031 BK:1019 PG:0740 Location Physical Address: N 2ND ST CARBONDALE Subdivision: Land Acres: 0.44 Land Sq Ft: 0 Section Township Range 34 7 88 Property Tax Valuation Information Actual Value Assessed Value http://www. garcoact.com/assessor/Darcel.asp?ParcelNumber=2393 34400002 4/7/2007 Parcel Detail Page 1 of 3 Garfield County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search I 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 1 Residential/Commercial Improvement Detail Land Detail 1 Photographs Tax Area 058 Account Number R340569 Parcel Number 239334400003 Mill Levy 66.697 Owner Name and Mailing Address BUCHMAN, EDWARD R REVOCABLE TRUST & BUCHMAN, MICHELLE J REVOCABLE TRUST 608 DEL NORTE RD OJAI, CA 93023-1705 Legal Description SECT,TWN,RNG:34-7-88 DESC: TR IN LOT 16 BK:0492 PG:0741 BK:0490 PG:0028 BK:1316 PG:58 RECPT:594479 BK:1316 PG:54 RECPT:594475 BK:1316 PG:53 RECPT:594474 BK:0932 PG:0780 BK:0788 PG:0988 Location Physical Address: 98 MAIN ST CARBONDALE Subdivision: Land Acres: 0 Land Sq Ft: 4,791 Section Township Range 34 7 88 http://www.garcoact.com/assessor/parcel.asp?ParcelNumber=239334400003 4/7/2007 Parcel Detail Page 1 of 4 Garfield County Assessor/Treasurer Parcel Detail Information 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 1 Residential/Commercial Improvement Detail Land Detail 1 Photographs Tax Area 058 Account Number Parcel Number R340137 239334400004 Mill Levy 66.697 Owner Name and Mailing Address BUCHMAN, EDWARD R REVOCABLE TRUST & BUCHMAN, MICHELLE J REVOCABLE TRUST 608 DEL NORTE RD OJAI, CA 93023-1705 Legal Description SECT,TWN,RNG:34-7-88 DESC: TR IN LOT 16 BK:0500 PG:0701 BK:0499 PG:0181 BK:0495 PG:0030 BK:0490 PG:0025 BK:1316 PG:60 RECPT:594480 BK:1316 PG:54 RECPT:594475 BK:1316 PG:53 RECPT:594474 BK:0813 PG:0235 BK:0743 PG:0582 BK:0702 PG:0683 Location Physical Address: 82 MAIN ST CARBONDALE Subdivision: Land Acres: 0 Land Sq Ft: 4,356 Section Township Range 1 11 11 I http://www.garcoact.com/assessor/parcel.asp?ParcelNumber=239334400004 4/7/2007 Parcel Detail Page 1 of 3 Garfield County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search I Assessor Subset Query 1 Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics I Tax Information Parcel Detail 1 Value Detail 1 Sales Detail 1 Residential/Commercial Improvement Detail Land Detail 1 Photographs Tax Area 011 Account Number R111393 Parcel Number 239334400006 Mill Levy 63.103 Owner Name and Mailing Address GREEN, PETER C. & LINDA M. 180 COUNTY ROAD 101 CARBONDALE, CO 81623-2121 Legal Description SECT,TWN,RNG:34-7-88 DESC: TR IN LOT 16 BK:0488 PG:0361 BK:0940 PG:0092 BK:0727 PG:0154 Location Physical Address: 101 COUNTY RD CARBONDALE Subdivision: Land Acres: 1.46 Land Sq Ft: 0 Section Township Range 34 7 88 Property Tax Valuation Information Actual Value Assessed Value httn://www. carcoact.com/assessor/narcel.asn?ParcelNumber=239334400006 4/7/2007 Parcel Detail Page 1 of 2 Garfield County Assessor/Treasurer Parcel Detail Information 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 1 Residential/Commercial Improvement Detail Land Detail 1 Photographs Tax Area Account Number Parcel Number Mill Levy 011 R111425 239334400007 63.103 Owner Name and Mailing Address CARBONDALE, TOWN OF 511 COLORADO AVE CARBONDALE, CO 81623-2067 Legal Description SECT,TWN,RNG:34-7-88 DESC: TR IN LOT 16 & 20 BK:0485 PG:0479 Location Physical Address: CARBONDALE Subdivision: Land Acres: 0 Land Sq Ft: 0 Section Township Range 34 7 88 Property Tax Valuation Information Land: Actual Value 0 Assessed Value 0 http://www.garcoact.com/assessor/parcel.asp?ParcelNumber=239334400007 4/7/2007 Parcel Detail Page 1 of 4 Garfield County Assessor/Treasurer Parcel Detail Information 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 1 Residential/Commercial Improvement Detail Land Detail 1 Photographs Tax Area Account Number Parcel Number Mill Levy 011 R111315 239334400009 63.103 Owner Name and Mailing Address NIESLANIK, PAUL R. & CELIA R. 481 COUNTY ROAD 100 CARBONDALE, CO 81623-9547 Legal Description SECT,TWN,RNG:34-7-88 DESC: ALL OF LOTS 16 & 17(SEC 34) & LOT 17(SEC 35) E. OF DESC: THE CARBONDALE CITY LIMITS & N. OF CO. RD. 100 & DESC: THE DRGW ROW. BK:0293 PG:0119 BK:1530 PG:623 RECPT:638939 BK:0826 ,PG:0610 BK:0773 PG:0685 Location Physical Address: 481 100 COUNTY RD CARBONDALE Subdivision: Land Acres: 59 Land Sq Ft: 0 Section Township Range 34 7 88 http://www.garcoact.com/assessor/parcel.asp?ParcelNumber=239334400009 4/7/2007 Parcel Detail Page 1 of 3 Garfield County Assessor/Treasurer Parcel Detail Information 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 1 Residential/ Commercial Improvement Detail Land Detail 1 Photographs Tax Area 011 Account Number R111594 Parcel Number 239334400011 Mill Levy 63.103 Owner Name and Mailing Address BUCHMAN, EDWARD R REVOCABLE TRUST & BUCHMAN, MICHELLE J REVOCABLE TRUST 608 DEL NORTE RD OJAI, CA 93023-1705 Legal Description SECT,TWN,RNG:34-7-88 DESC: A TR. IN LOT 16. AKA:PARCEL A VETTER SUB -EXEMPTION PRE:R111279 BK:0463 PG:0258 BK:1316 PG:55 RECPT:594476 BK:1316 PG:54 RECPT:594475 BK:1316 PG:53 RECPT:594474 BK:1190 PG:460 RECPT:564389 BK:1059 PG:0140 BK:0700 PG:0896 Location http://www.garcoact.com/assessor/parcel.asp?ParcelNumber=239334400011 4/7/2007 Physical Address: 99 GARFIELD AVE CARBONDALE Subdivision: Land Acres: 0.35 Land Sq Ft: 0 I 11 11 I http://www.garcoact.com/assessor/parcel.asp?ParcelNumber=239334400011 4/7/2007 Parcel Detail Page 1 of 3 Garfield County Assessor/Treasurer Parcel Detail Information 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 1 Residential/Commercial Improvement Detail Land Detail 1 Photographs Tax Area Account Number Parcel Number Mill Levy 011 R111595 239334400012 63.103 Owner Name and Mailing Address GARFIELD COURT, INC. 1188 HERITAGE DRIVE CARBONDALE, CO 81623 Legal Description SECT,TWN,RNG:34-7-88 DESC: A TR. IN LOT 16. AKA:PARCEL B VETTER SUB -EXEMPTION PRE:R111279 BK:0705 PG:0170 BK:0702 PG:0060 Location Property Tax Valuation Information http://www.garcoact.com/assessor/parcel.asp?ParcelNumber=239334400012 4/7/2007 Physical Address: CARBONDALE Subdivision: Land Acres: 2.3 Land Sq Ft: 0 Section Township Range 34 7 88 Property Tax Valuation Information http://www.garcoact.com/assessor/parcel.asp?ParcelNumber=239334400012 4/7/2007 Parcel Detail Page 1 of 2 Garfield County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search I Assessor Subset Query 1 Assessor Sales Search Clerk & Recorder Reception Search Basic .Building Characteristics 1 Tax Information Parcel Detail 1 Value Detail I Sales Detail 1 Residential/Commercial Improvement Detail Land Detail 1 Photographs Tax Area Account Number Parcel Number Mill Levy 058 R580158 239334400014 66.697 Owner Name and Mailing Address CHURCH OF CARBONDALE 110 SNOWMASS DRIVE CARBONDALE, CO 81623-0854 Legal Description SECT,TWN,RNG:34-7-88 DESC: A TR IN SE1/4 OF SEC 34 & NE1/4 OF SEC 3 8-88. STATE EXEMPT #23-01122 PRE:R510002 BK:0930 PG:0725 BK:0915 PG:0290 Location Physical Address: CARBONDALE Subdivision: Land Acre 0 Land Sq Ft: 0 Section Township Range 34 7 88 Property Tax Valuation Information http://www.garcoact.com/assessor/parcel.asp?ParcelNumber=239334400014 4/7/2007 Parcel Detail Page 1 of 2 Garfield County Assessor/Treasurer Parcel Detail Information 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 1 Residential./Commercial Improvement Detail Land Detail 1 Photographs Tax Area 011 Account Number R112103 Parcel Number 239334400017 Mill Levy 63.103 Owner Name and Mailing Address ROARING FORK TRANSPORTATION AUTHORITY 530 EAST MAIN STREET ASPEN, CO 81611 Legal Description SECT,TWN,RNG:34-7-88 DESC: RAILROAD ROW. EXCEPT A TR OF LAND CONT 1974 SF AS DESC IN BK 1226 PG 412. BK:1313 PG:650 RECPT:594024 BK:1226 PG:413 RECPT:574744 BK:1226 PG:402 RECPT:574742 BK:1024 PG:0600 Location Physical Address: RAILROAD R.O.W. CARBONDALE Subdivision: Land Acres: 0 Land Sq Ft: 0 Section Township Range 34 7 88 http://www. garcoact.com/assessor/parcel.asp?ParcelNumber=239334400017 4/7/2007 Parcel Detail Page 1 of 3 Garfield County Assessor/Treasurer Parcel Detail Information 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 1 Residential/Commercial Improvement Detail Land Detail 1 Photographs Tax Area 011 Account Number R009085 Parcel Number 239334400019 Mill Levy 63.103 Owner Name and Mailing Address WOODWARD, DARLYNE M. & COLLISON, MARTHA G. 356 COUNTY ROAD 101 CARBONDALE, CO 81623-2181 Legal Description SECT,TWN,RNG:34-7-88 DESC: A PCL IN SEC 34 LYING SLY OF SLY ROW OF D&RGW RR AKA PARCEL 2 KELLEY EXEMPTION. PRE:R011305 BK:520 PG:199 BK:489 PG:578 BK:489 PG:574 BK:489 PG:572 BK:488 PG:361 BK:485 PG:479 BK:485 PG:477 BK:0489 PG:0569 BK:1376 PG:215 RECPT:608481 BK:1171 PG:796 RECPT:558995 BK:1171 PG:788 RECPT:558993 BK:1171 PG:779-784 RECPT:558989 BK:0951 PG:0967 BK:0951 PG:0964 Location 11 11 http://www. carcoact.com/assessor/parcel.asp?ParcelNumber=23 9334400019 4/7/2007 Parcel Detail Page 1 of 3 Garfield County Assessor/Treasurer Parcel Detail Information 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 1 Residential/Commercial Improvement Detail Land Detail 1 Photographs Tax Area 011 Account Number R009086 Parcel Number 239334400020 Mill Levy 63.103 Owner Name and Mailing Address WOODWARD, DARLYNE M. & COLLISON, MARTHA G. 356 COUNTY ROAD 101 ,CARBONDALE, CO 81623-2181 Legal Description SECT,TWN,RNG:34-7-88 DESC: A PCL IN SEC 34 AKA PARCEL 3 KELLEY EXEMPTION. ALSO A TR OF LAND CONT 10 AC AS DESC IN BK 1171 PG 796. PRE:R011305 BK:520 PG:199 BK:489 PG:578 BK:489 PG:574 BK:489 PG:572 BK:488 PG:361 BK:485 PG:479 BK:485 PG:477 BK:0489 PG:0569 BK:1376 PG:215 RECPT:608481 BK:1171 PG:796 RECPT:558995 BK:1171 PG:788 RECPT:558993 BK:1171 PG:779-784 RECPT:558989 BK:0951 PG:0967 BK:0951 PG:0964 Location http://www.garcoact.com/assessor/parcel.asp?ParcelNumber=239334400020 4/7/2007 Parcel Detail Page 1 of 4 Garfield County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search I 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 1 Residential/Commercial Improvement Detail Land Detail 1 Photographs Tax Area Account Number Parcel Number Mill Levy 058 R340429 239334401004 66.697 Owner Name and Mailing Address BURKHOLDER, ROSEMARY R REVOCABLE TRUST 111 MAIN STREET CARBONDALE, CO 81623 Legal Description SECT,TWN,RNG:34-7-88 SUB:ORIGINAL TWNSTE CARBONDALE BLK:1 LOT:B & LOT:24 DESC: E 17' OF LOT 24 BK:0375 PG:0129 BK:1571 PG:494 RECPT:648889 BK:1571 PG:493 RECPT:648888 BK:1195 PG:428 RECPT:565727 BK:1158 PG:253 RECPT:554701 BK:1158 PG:250 RECPT:554700 Location Physical Address: Subdivision: 111 MAIN ST. CARBONDALE ORIGINAL TWNSTE CARBONDALE httn://www. earcoact.com/assessor/parcel.asp?ParcelNumber=23 9334401004 4/10/2007 Parcel Detail Page 1 of 3 Garfield County Assessor/Treasurer Parcel Detail Information 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 1 Residential/Commercial Improvement Detail Land Detail 1 Photographs Tax Area Account Number Parcel Number Mill Levy 058 R510007 239334401008 66.697 Owner Name and Mailing Address CARBONDALE CLAY CENTER 135 MAIN ST CARBONDALE, CO 81623-2136 Legal Description SECT,TWN,RNG:34-7-88 SUB:ORIGINAL TWNSTE CARBONDALE BLK:1 LOT:20 - LOT:23 DESC: WEST 8.0' OF LOT 24. ALSO, A TR OF LAND CONT 1974 SF AS DESC IN BK 1226 PG 412. PRE:R340840 BK:1033 PG:0247 BK:1226 PG:412 RECPT:574743 BK:1226 PG:402 RECPT:574742 BK:1033 PG:0251 BK:0989 PG:0101 BK:0705 PG:0369 BK:0685 PG:0032 BK:0685 PG:0030 BK:0681 PG:0650 BK:0673 PG:0477 Location Physical Address: Subdivision: 135 E. MAIN ST CARBONDALE ORIGINAL TWNSTE http://www. garcoact.com/assessor/parcel.asp?ParcelNumber=239334401008 4/10/2007 Parcel Detail Page 1 of 4 Garfield County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search 1 Assessor Subset Query 1 Clerk & Recorder Reception Search Basic Building Characteristics 1 Tax Information Parcel Detail 1 Value Detail 1 Sales Detail 1 Residential/Commercial Improvement Detail Land Detail 1 Photographs Assessor Sales Search Tax Area 058 Account Number R340199 Parcel Number 239334402001 Mill Levy 66.697 Owner Name and Mailing Address GUELBERTH, CEDAR ROSE PO BOX 113 CARBONDALE, CO 81623 Legal Description SECT,TWN,RNG:34-7-88 SUB:ORIGINAL TWNSTE CARBONDALE BLK:2 LOT:1 & LOT:C BK:0519 PG:0910 BK:1453 PG:366 RECPT:624120 BK:1453 PG:365 RECPT:624119 BK:1453 PG:363 RECPT:624118 BK:1453 PG:363 RECPT:624118 BK:1451 PG:783 RECPT:623783 BK:1451 PG:782 RECPT:623782 BK:0855 PG:0980 Location Physical Address: Subdivision: Land Acres: 102 MAIN ST CARBONDALE ORIGINAL TWNSTE CARBONDALE 0 http://www.garcoact.com/assessor/parcel.asp?ParcelNumber=239334402001 4/10/2007 Parcel Detail Page 1 of 4 Garfield County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search 1 Assessor Subset Query 1 Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics 1 Tax Infonnation Parcel Detail 1 Value Detail 1 Sales Detail 1 Residential/Commercial Improvement Detail Land Detail 1 Photogrhs Tax Area 058 Account Number R340009 Parcel Number 239334402002 Mill Levy 66.697 Owner Name and Mailing Address ANDERSON, LUTHER B. & MARY A. 126 MAIN ST CARBONDALE, CO 81623-2137 Legal Description SECT,TWN,RNG:34-7-88 SUB:ORIGINAL TWNSTE CARBONDALE BLK:2 LOT:2 - LOT:4 BK:0444 PG:0107 Location Property Tax Valuation Information Actual Value Assessed Value http://www. garcoact.com/assessor/parcel.asp?ParcelNumber=239334402002 4/10/2007 Physical Address: 126 MAIN ST CARBONDALE Subdivision: ORIGINAL TWNSTE CARBONDALE Land Acres: 0 Land Sq Ft: 7,500 Section Township Range 34 7 88 Property Tax Valuation Information Actual Value Assessed Value http://www. garcoact.com/assessor/parcel.asp?ParcelNumber=239334402002 4/10/2007 Parcel Detail Page 1 of 3 Garfield County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search I 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 1 Residential/Commercial Improvement Detail Ladd Detail 1 Photographs Tax Area 058 Account Number R040451 Parcel Number 239334444001 Mill Levy 66.697 Owner Name and Mailing Address ARBANEY, HEATHER & BUSTER 125 GARFIELD AVENUE CARBONDALE, CO 81623 Legal Description SECT,TWN,RNG:34-7-88 SUB:119 GARFIELD AVENUE SUB LOT:AA PRE:R340334 BK:0421 PG:0493 BK:1826 PG:0750 RECPT:703269 BK:1470 PG:864 RECPT:627553 BK:1455 PG:116 RECPT:624478 BK:1455 PG:116 RECPT:624478 BK:1455 PG:113 RECPT:624476 BK:1455 PG:113 RECPT:624476 BK:1314 PG:474 RECPT:594172 BK:1314 PG:472 RECPT:594171 BK:1166 PG:626 RECPT:557276 BK:0870 PG:0692 Location Physical Address: 1 125 GARFIELD AVE CARBONDALE II 1 http://www. garcoact.com/assessor/parcel.asp?ParcelNumber=239334444001 4/10/2007 Parcel Detail Page 1 of 3 Garfield County Assessor/Treasurer Parcel Detail Information 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 1 Residential/Commercial Improvement Detail Land Detail 1 Photographs Tax Area 058 Account Number R040452 Parcel Number 239334444002 Mill Levy 66.697 Owner Name and Mailing Address BROWNELL, BETSY A & BROSE, GREGORY R PO BOX 3944 BASALT, CO 81621 Legal Description SECT,TWN,RNG:34-7-88 SUB:119 GARFIELD AVENUE SUB LOT:BB PRE:R340334 BK:0421 PG:0493 BK:1824 PG:0375 RECPT:702882 BK:1536 PG:864 RECPT:640501 BK:1455 PG:116 RECPT:624478 BK:1455 PG:116 RECPT:624478 BK:1455 PG:113 RECPT:624476 BK:1455 PG:113 RECPT:624476 BK:1314 PG:474 RECPT:594172 BK:1314 PG:472 RECPT:594171 BK:1166 PG:626 RECPT:557276 BK:0870 PG:0692 Location II httn://www.carcoact.com/assessor/parcel.asp?ParcelNumber=239334444002 4/10/2007 Parcel Detail Page 1 of 3 Garfield County Assessor/Treasurer Parcel Detail Information 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 1 Residential/Commercial Improvement Detail Land Detail 1 Photo.grapl s Tax Area 058 Account Number R040453 Parcel Number 239334444003 Mill Levy 66.697 Owner Name and Mailing Address GARDNER, MEGAN E & JONATHAN R ABELL, TROY D & BAKER, LISA C 121 GARFIELD AVENUE CARBONDALE, CO 81623 Legal Description SECT,TWN,RNG:34-7-88 SUB:119 GARFIELD AVENUE SUB LOT:CC PRE:R340334 BK:0421 PG:0493 BK:1697 PG:242 RECPT:676239 BK:1697 PG:241 RECPT:676238 BK:1697 PG:240 RECPT:676237 BK:1697 PG:238 RECPT:676236 BK:1523 PG:29 RECPT:637388 BK:1515 PG:103 RECPT:635783 BK:1455 PG:116 RECPT:624478 BK:1455 PG:116 RECPT:624478 BK:1455 PG:113 RECPT:624476 BK:1455 PG:113 RECPT:624476 BK:1314 PG:474 RECPT:594172 BK:1314 PG:472 RECPT:594171 BK:1166 PG:626 http://www.garcoact.com/assessor/parcel.asp?ParcelNumber=239334444003 4/10/2007 Parcel Detail Page 1 of 3 Garfield County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search 1 Assessor Subset Query 1 Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics 1 Tax Information 1 Value Detail 1 Sales Detail 1 Residential/Commercial Improvement Detail Land Detail 1 Photographs Parcel Detail Tax Area 058 Account Number R040454 Parcel Number 239334444004 Mill Levy 66.697 Owner Name and Mailing Address RITTI, JOCELYN A 119 GARFIELD AVE CARBONDALE, CO 81623 Legal Description SECT,TWN,RNG:34-7-88 SUB:119 GARFIELD AVENUE SUB LOT:DD PRE:R340334 BK:0421 PG:0493 BK:1523 PG:31 RECPT:637389 BK:1455 PG:116 RECPT:624478 BK:1455 PG:116 RECPT:624478 BK:1455 PG:113 RECPT:624476 BK:1455 PG:113 RECPT:624476 BK:1314 PG:474 RECPT:594172 BK:1314 PG:472 RECPT:594171 BK:1166 PG:626 RECPT:557276 BK:0870 PG:0692 Location Physical Address: Subdivision: 1 119 GARFIELD AVE CARBONDALE 119 GARFIELD AVENUE SUB 11 1 htto://www. carcoact.com/assessor/narcel.asp?ParcelNumber=23 93 34444004 4/10/2007 Parcel Detail Page 1 of 3 Garfield County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search 1 Assessor Subset Query 1 Assessor Sales Search Clerk & Recorder Reception Search Basic Building Characteristics Tax Infonnation Parcel Detail 1 Value Detail 1 Sales Detail 1 Residential/Commercial Improvement Detail Land Detail 1 Photographs Tax Area 058 Account Number R340863 Parcel Number 239334403001 Mill Levy 66.697 Owner Name and Mailing Address GARFIELD COURT, INC. 1188 HERITAGE DRIVE CARBONDALE, CO 81623 Legal Description SECT,TWN,RNG:34-7-88 SUB:ORIGINAL TWNSTE CARBONDALE BLK:3 LOT:E BK:0463 PG:0258 BK:0705 PG:0170 BK:0702 PG:0060 Location Property Tax Valuation Information httn://www.aarcoact.com/assessor/parcel.asp?ParcelNumber=239334403001 4/10/2007 Physical Address: CARBONDALE Subdivision: ORIGINAL TWNSTE CARBONDALE Land Acres: 0 Land Sq Ft: 3,300 Section Township Range 34 7 88 Property Tax Valuation Information httn://www.aarcoact.com/assessor/parcel.asp?ParcelNumber=239334403001 4/10/2007 Parcel Detail Page 1 of 3 Garfield County Assessor/Treasurer Parcel Detail Information 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 1 Residential/Commercial Improvement Detail Land Detail 1 Photographs Tax Area Account Number Parcel Number Mill Levy 058 R340864 239334403007 66.697 Owner Name and Mailing Address GARFIELD COURT, INC. 1188 HERITAGE DRIVE CARBONDALE, CO 81623 Legal Description SECT,TWN,RNG:34-7-88 SUB:ORIGINAL TWNSTE CARBONDALE BLK:3 LOT:F BK:0463 PG:0258 BK:0705 PG:0170 BK:0702 PG:0060 Location Property Tax Valuation Information httn://www. carcoact.com/assessor/narcel.asn?ParcelNumber=23 9334403007 4/10/2007 Physical Address: CARBONDALE Subdivision: ORIGINAL TWNSTE CARBONDALE Land Acres: 0 Land Sq Ft: 3,300 Section Township Range 34 7 88 Property Tax Valuation Information httn://www. carcoact.com/assessor/narcel.asn?ParcelNumber=23 9334403007 4/10/2007 Parcel Detail Page 1 of 4 Garfield County Assessor/Treasurer Parcel Detail Information Assessor/Treasurer Property Search I 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 1 Residential/Commercial Improvement Detail Land _Detail 1 Photographs Tax Area 058 Account Number R340484 Parcel Number 239334407001 Mill Levy 66.697 Owner Name and Mailing Address ROSE, MARTHA MARNO & MICHAEL R. (J.T.) 122 SOPRIS AVE CARBONDALE, CO 81623-2165 Legal Description SECT,TWN,RNG:34-7-88 SUB:SOPRIS MEADOWS #1 BLK:1 LOT:1 BK:0510 PG:0896 BK:0501 PG:0112 BK:0477 PG:0190 BK:1032 PG:0178 BK:1005 PG:0544 BK:0969 PG:0005 BK:0921 PG:0063 BK:0729 PG:0662 BK:0629 PG:0694 BK:0620 PG:0557 Location Physical Address: 122 SOPRIS AVE CARBONDALE Subdivision: SOPRIS MEADOWS #1 Land Acres: 0 Land Sq Ft: 9,900 Section Township Range 34 7 88 httn://www. carcoact.com/assessor/parcel.asp?ParcelNumber=239334407001 4/10/2007 Parcel Detail Page 1 of 3 Garfield County Assessor/Treasurer Parcel Detail Information 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 1 Residential/Commercial Improvement Detail Land Detail 1 Photographs Tax Area Account Number Parcel Number Mill Levy 058 R340435 239334407002 66.697 Owner Name and Mailing Address FEDISHEN, W. MICHAEL 112 SOPRIS AVE CARBONDALE, CO 81623-2165 Legal Description SECT,TWN,RNG:34-7-88 SUB:SOPRIS MEADOWS #1 BLK:1 LOT:2 BK:0536 PG:0732 BK:0956 PG:0225 BK:0775 PG:0028 BK:0742 PG:0964 BK:0717 PG:0256 Location Physical Address: 112 SOPRIS AVE CARBONDALE Subdivision: SOPRIS MEADOWS #1 Land Acres: 0 Land Sq Ft: 10,373 Section Township Range 34 7 88 Property Tax Valuation Information http://www.2arcoact.com/assessor/parcel.asp?ParcelNumber=239334407002 4/10/2007 Account Number Parcel Detail Page 1 of 4 Garfield County Assessor/Treasurer Parcel Detail Information 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 1 Residential/Commercial Improvement Detail Land Detail 1 Photographs Tax Area 058 R341051 Parcel Number 239334408012 Mill Levy 66.697 Owner Name and Mailing Address SUTHERLAND, LEON B. & DONNA L. PO BOX 595 CARBONDALE, CO 81623-0595 Legal Description SECT,TWN,RNG:34-7-88 SUB:SOPRIS MEADOWS #2 BLK:2 LOT:6 DESC: EXCEPT THE W 28.88' OF SUB:SOPRIS MEADOWS #2 LOT:7 PRE:R340559 AND/THRU:& TO:R340583 BK:0411 PG:0361 BK:0408 PG:0116 Location Physical Address: 26 MAROON DR CARBONDALE Subdivision: SOPRIS MEADOWS #2 Land Acres: 0 Land Sq Ft: 19,100 Section Township Range 34 7 88 httn://www.garcoact.com/assessor/narcel .asn?ParcelNumber=2393 34408012 4/10/2007 American Land Title Association Commitment - Moditied 10/73 COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of sootfpofiq or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed, ,for shall issue,whichever first occurs, provided that the failure to issue such policy or policies, is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." S T EWART TITLE GUARANTY COMPANY er''`A.‘ dfit • 4r-.: 0044 .A1' -*- %.V.•. 1 9 0 8 14 • •e; 74-3(*ii3 Countersigned by: Authorized Signatory 165 4fr_Front Range Title of Downtown Denver, LLC 789 Clarkson Street, Suite 506 Denver, Colorado 80218 President CONDITIONS AND STIPULATIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any Toss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual Toss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the exclusions from coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of this Commitment. STE'W'ART TITLE GUARANTY COMPANY All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252, and identify this commitment by its printed COMMITMENT SERIAL NUM- BER which appears on the bottom of the front of the first page of this commitment. Page 5 Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Front Range Title of Downtown Denver, LLC and Stewart Title Guaranty Company. We may collect nonpublic personal information about you from the following sources: • Information we receive from you, such as on applications or other forms. • Information about your transactions we secure from our files, or from our affiliates or others. • Information we receive from a consumer reporting agency. • Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: • Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. • Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMIIThD BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. SCHEDULE A Order Number: NF00251 Commitment Number: NF00251-2 1. Effective Date: March 12, 2007 at 7:45 AM 2. Policy or Policies to be issued: A. ALTA Owner's Policy Proposed Insured: Sprint/NexTel Amount of Insurance NONE B. ALTA Loan Policy NONE Proposed Insured: C. Proposed Insured: 3. The estate or interest in the land described or referred to in this commitment and covered herein is fee simple and title thereto is at the effective date hereof vested in: Darlyne M. Woodward & Martha G. Collison 4. The land referred to in this policy is described as follows: Authorized CCU 4€Tsighature COMMIT.FRM (COLORADO 6/1/2000) SEE EXHIBIT A ATTACHED HERETO Page 2 STATEMENT OF CHARGES These charges are due and payable before a policy can be issued. ALTA OWNERS POLICY ALTA LOAN POLICY TOTAL $550.00 0.00 0.00 0 $550.00 STEWART TITLE GUARANTY COMPANY Order Number: NF00251 SCHEDULE B -- Section 1 Commitment Number: NF00251-2 Requirements The following are the requirements to be complied with: 1. THIS COMMITMENT IS PROVIDED FOR INFORMATION PURPOSES ONLY. THE TOTAL LIABILITY OF THE COMPANY HEREUNDER IS LIMITED TO THE AMOUNT PAID FOR THIS COMMITMENT. COMMIT.FRM (COLORADO 6/1/2000) Page 3 STEWART TITLE GUARANTY COMPANY SCHEDULE B -- Section 2 Order Number: NF00251 Commitment Number: NF00251-2 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. NOTE: Upon compliance with underwriting requirements, exceptions numbered 1-5 will be omitted from the Loan Policy to be issued hereunder. 6. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof. 7. Water rights, claims or title to water. 8. Taxes for the year 2007, a lien, but not yet due and payable. 9. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES HEREBY GRANTED, AND RIGHT OF WAY FOR DITCHES AND CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED APRIL 27, 1931 IN BOOK 73 AT PAGE 189, AT RECEPTION NO. 109769. 10. GRANT OF EASEMENT TO THE TOWN OF CARBONDALE, RECORDED MAY 28, 1976 IN BOOK 485 AT PAGE 473, AT RECEPTION NO. 272779. 11. TERMS, CONDITIONS AND PROVISIONS OF RESOLUTION NO. 78-123, RECORDED DECEMBER 13, 1978 IN BOOK 520 AT PAGE 199 AT RECEPTION NO. 290722. 12. TERMS, CONDITIONS, PROVISIONS AND STIPULATIONS OF MEMORANDUM OF LEASE, RECORDED MAY 16, 1994 IN BOOK 902 AT PAGE 451 AT RECEPTION NO. 463149. 13. RESERVATION OF ROYALTY INTEREST WITHOUT THE RIGHT OF SURFACE EXPLORATION EQUAL TO ONE-HALF OF THE OIL, GAS AND OTHER MINERAL RIGHTS AS RESERVED IN DEED RECORDED APRIL 24, 1967 IN BOOK 383 AT PAGE 560 AT RECEPTION NO. 237728. 14. TERMS, CONDITIONS, PROVISIONS AND OBLIGATIONS AS CONTAINED IN OPTION AND LEASE AGREEMENT RECORDED SEPTEMBER 1, 1995 IN BOOK 951 AT PAGE 988 AT RECEPTION NO. 482649. 15. TERMS, CONDITIONS, PROVISIONS, STIPULATIONS AND OBLIGATIONS AS CONTAINED IN MEMORANDUM OF OPTION TO LEASE AND SITE LEASE AGREEMENT, RECORDED SPETEMBER 25, 1996 IN BOOK 993 AT PAGE 371 AT RECEPTION NO. 498790 AND NOTICE OF EXERCISE OF OPTION, RECORDED OCTOBER 25, 1996 IN BOOK 997 AT PAGE 575 AT RECEPTION NO. 500234. 16. TERMS, CONDITIONS, PROVISIONS AND STIPULATIONS OF MEMORANDUM OF LEASE, RECORDED JULY 27,1999 IN BOOK 1141 AT PAGE 978 AT RECEPTION NO. 549424. 17. TERMS, CONDITIONS, PROVISIONS AND STIPULATIONS OF MEMORANDUM OF AGREEMENT, RECORDED JULY 26, 1999 IN BOOK 1141 AT PAGE 808 AT RECEPTION NO. 549386. COMMIT. FRM (COLORADO 6/1/2000) Page 4 STEWART TITLE GUARANTY COMPA NY SCHEDULE B -- Section 2 Order Number: NF00251 Commitment Number: NF00251-2 18. DEED OF TRUST FROM DARLYNE M. WOODWARD AND MARTHA G. COLLISON TO THE PUBLIC TRUSTEE OF THE COUNTY OF GARFIELD FOR THE BENEFIT OF CHARLES L. KELLEY, LOUISE KELLEY, JON L. ROSEGREN AND CONNIE ROSENGREN, TO SECURE AN ORIGINAL PRINCIPAL INDEBTEDNESS OF $400,000.00, DATED AUGUST 31,1995, RECORDED SEPTEMBER 1, 1995 IN BOOK 951 AT PAGE 973 AT RECEPTION NO. 482645. 19. DEED OF TRUST FROM DARLYNE M. WOODWARD AND MARTHA G. COLLISON TO THE PUBLIC TRUSTEE OF THE COUNTY OF GARFIELD FOR THE BENEFIT OF JON L. ROSENGREN AND CONNIE L. ROSENGREN TO SECURE AN ORIGINAL PRINCIPAL INDEBTEDNESS OF $125,280.78, DATED NOVEMBER 18, 1998 AND RECORDED DECEMBER 8, 1998 IN BOOK 1102 AT PAGE 751 AT RECEPTION NO. 536795. COMMIT.FRM (COLORADO 6/1/2000) Page 5 STEWART TITLE GUARANTY COMPANY Order Number: NF00251 Commitment Number: NF00251-2 DISCLOSURES Pursuant to C.R.S. 10-11-122, notice is hereby given that: (A) THE SUBJECT PROPERTY MAY BE LOCATED IN A SPECIAL TAXING DISTRICT; (B) A CERTIFICATE OF TAXES DUE LISTING EACH TAXING JURISDICTION SHALL BE OBTAINED FROM THE COUNTY TREASURER OR THE COUNTY TREASURER'S AUTHORIZED AGENT; (C) INFORMATION REGARDING SPECIAL DISTRICTS AND THE BOUNDARIES OF SUCH DISTRICTS MAY BE OBTAINED FROM THE BOARD OFCOUNTY COMMISSIONERS. THE COUNTY CLERK AND RECORDER, OR THE COUNTY ASSESSOR. Note: Colorado Division of Insurance Regulations 3-5-1, Paragraph C of Article VII, requires that "Every title entity shall be responsible for all matters which appear of record prior to the time of recording whenever the title entity conducts the closing and is responsible for recording or filing of legal documents resulting from the transaction which was closed." Provided that Moritz Title Co. Grand County, LLC conducts the closing of the insured transaction and is responsible for recording the legal documents from the transaction, exception number 5 will not appear on the Owner's Title Policy and the Lenders Title Policy when issued. Note: Affirmative Mechanic's Lien Protection for the Owner may be available (typically by deletion of Exception No. 4 of Schedule B, Section 2 of the Commitment from the Owner's Policy to be issued) upon compliance with the following conditions: A. The land described in Schedule A of this commitment must be a single family residence, which includes a condominium or townhouse unit. B. No labor or materials have been furnished by mechanics or materialmen for the purposes of construction on the land described in Schedule A of this Commitment within the past 6 months. C. The Company must receive an appropriate affidavit indemnifying the Company against unfiled mechanic's and materialmen liens. D. The Company must receive payment of the appropriate premium. E. If there has been construction, improvements or major repairs undertaken on the property to be purchased, within the six months prior to the Date of the Commitment, the requirements to obtain coverage for unrecorded liens will include: disclosure of certain construction information; financial information as to the seller, the builder and/or the contractor; payment of the appropriate premium; fully executed Indemnity Agreements satisfactory to the company; and, any additional requirements as may be necessary after an examination of the aforesaid information by the Company. No coverage will be given under any circumstances for labor or material for which the insured has contracted for or agreed to pay. To comply with the provisions of C.R.S. 10-11-123, the Company makes the following disclosure; A. That there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals, or geothermal energy in the property; and B. That such mineral estate may include the right to enter and use the property without the surface owners's permission. COMMIT.FRM (COLORADO 6/1/2000) Page 6 STEWART TITLE GUARANTY COMPANY Order Number: NF00251 Commitment Number: NF00251-2 NOTE: THIS DISCLOSURE APPLIES ONLY IF SCHEDULE B, SECTION 2 OF THE TITLE COMMITMENT HEREIN INCLUDES AN EXCEPTION FOR SEVERED MINERALS. NOTHING HEREIN CONTAINED WILL BE DEEMED TO OBLIGATE THE COMPANY TO PROVIDE ANY OF THE COVERAGES REFERRED TO HEREIN UNLESS THE ABOVE CONDITIONS ARE FULLY SATISFIED. STEWART TITLE COMMIT.FRM GUARANTY COMPANY (COLORADO 6/1/2000) Page 7 Order No. NF00251 Commitment No.NF00251-2 EXHIBIT A - LEGAL DESCRIPTION A TRACT OF LAND SITUATED IN LOTS 16, 17, 19, AND 20 OF SECTION 34, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6'H PRINCIPAL MERIDIAN , ALSO SITUATED IN LOTS 1 AND 7 IN SECTION 3, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6T" PRINCIPAL MERIDIAN, LYING SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY LINE OF THE DENVER AND RIO GRANDE WESTERN RAILROAD, (ASPEN BRANCH) DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE INTERSECTION OF THE CENTER LINES OF EUCLID AVENUE AND 2ND STREET IN THE TOWN OF CARBONDALE, GARFIELD COUNTY, COLORADO, BEARS N. 89 DEGREES 57'00" W. 601.79 FEET; THENCE N 04 DEGREES 49'00" W. 543.06 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LIN EOF SAID RAILROAD; THENCE S. 58 DEGREES 20'20" E. 200.34 FEET ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID RAILROAD; THENCE 1137.58 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 2865.00 FEET, THE CHORD OF WHICH BEARS S. 69 DEGREES 42'30" E. 1130.00 FEET; THENCE S. 81 DEGREES 05'00" E. 71.86 FEET ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID RAILROAD; THENCE S. 12 DEGREES 33'24" E. 763.90 FEET; THENCE S. 63 DEGREES 10'34" W. 579.82 FEET; THENCE S 23 DEGREES 34'04" E. 455.11 FEET; THENCE S. 01 DEGREES 25'35" W. 369.47 FEET; THENCE S. 60 DEGREES 5902" W. 74.75 FEET; THENCE N. 26 DEGREES 08'00" W. 123.62 FEET; THENCE 236.35 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 1065.88 FEET, THE CHORD OF WHICH BEARS N. 19 DEGREES 46' 52" W. 235.86 FEET; THENCE 904.55 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1296.16 FEET, THE CHORD OF WHICH BEARS N. 33 DEGREES 25'16" W. 886.31 FEET; THENCE N. 53 DEGREES 24'49" W. 80.54 FEET; THENCE 176.58 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 472.56 FEET, THE CHORD OF WHICH BEARS N. 42 DEGREES 42'33" W. 175.55 FEET: THENCE N. 32 DEGREES 00'17" W. 247.55 FEET; THENCE S. 89 DEGREES 57'00" E. 130.60 FEET; THENCE N. 01 DEGREES 58'00" W. 24.05 FEET; THENCE N. 08 DEGREES 03'00" W. 316.59 FEET; THENCE N. 89 DEGREES 57'00" W. 160.01 FEET TO THE POINT OF BEGINNING. EXCEPT A PARCEL OF LAND SITUATED IN LOTS 16 AND 20 OF SECTION 34, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6r" P.M., COUNTY OF GARFIELD, STATE OF COLORADO, LYING SOUTHWESTERLY OF A FENCE AS CONSTRUCTED AND IN PLACE AND NORTHEASTERLY OF THE NORTHEASTERLY LINE OF A PRIVATE ROAD -WAY, SAID PARCEL OF LAND IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHEASTERLY LINE OF SAID ROAD -WAY WHENCE THE SURVEY MONUMENT AT THE INTERSECTION OF FOURTH STREET AND MAIN STREET IN THE TOWN OF CARBONDALE, COUNTY OF GARFIELD, STATE OF COLORADO BEARS: N. 57 DEGREES 38'28" W. 2100.45 FEET; THENCE N. 532 DEGREES 38'00" E. 210.17 FEET; THENCE S. 31 DEGREES 41'00" E. 170.00 FEET ALONG SAID FENCE; THENCE S. 58 DEGREES 32'00" W. 166.37 FEET TO A POINT ON THE COMMIT.FRM (COLORADO 6/1/2000) STEWART TITLE GUARANTY COMPANY PAGE 8OF 11 Order No. NF00251 Commitment No.NF00251-2 EXHIBIT A - LEGAL DESCRIPTION NORTHEASTERLY LINE OF SAID ROAD; THENCE ALONG THE NORTHEASTERLY LINE OF SAID ROAD N. 42 DEGREES 25'00" W. 19.47 FEET; THENCE N. 45 DEGREES 51'00" W. 52.05 FEET; THENCE N. 49 DEGREES 15'00" W. 81.20 FEET; THENCE N. 38 DEGREES 52'00" W. 23.34 FEET TO THE POINT OF BEGINNING AS DESCRIBED IN DOCUMENT NO. 272781 IN BOOK 485 AT PAGE 479, COUNTY OF GARFIELD, STATE OF COLORADO COMMIT_FRM (COLORADO 6/1/2000) STEWART TITLE GUARANTY COMPANY PAGE 9 OF 11 a��L,��/moi f Ca4P--P tJ bi -4.407 .-tr b � ' C�Zc-rte . a3, av THE UNITED' STATES OF AMERICA. To all .to whom these Presents shahs come, GREETING: Certificate No..l3'7/�A y n WHEREAS, � j /� i ba/.,deposited in the GENERAII LAND OFFICE of the United States, a certificate of the Register of the Land Office at..94a,r O tin coo -cc, G whereby it appears that full payment has been made by the said ._.........,LLCLQr.A-It.../1111. .—._._.._ _._.. according to the provisions of the Act I of Congress of the 24th of April, 1820, entitled " An Act making further provision pp supplemental thereto, for the... the.../.21<r 4,11,4ieed „04:444,. s�`G_ �PyS ✓+ iu�fi.!n�.. ?utf d.�4 .... ,for the sale of the Public Lands," and the acts according to the Official Plat of the Survey of the said lands, returned' to the GENERAL LAND OF CE by the Surveyor General, which said Tract has been I purchased by the said NOW KNQW YE, That the UNITED STATES IOF AMERICA, in consideration of the premises, and in conforms ity with the several Acts of Cohgress in such case made and provided, HAVE GIVEN AND GRoNTED, and by these presents DO GIVE AND GRANT, unto the said htrL.. heirs', the said Tract above described; TO HAVE AND TO HOLD the same, together with all the rights, privileges, immunities, and appurtenances, of whatsoever nature, thereunto belounto tthe said 40{. d -cc o and �heirs and assforever subject......_.a ny....._._._............._........__....-........... ..._._._._.�.—.— vested and accrued water rights for mining, agricltltural, manufacturing, or other purposes, and rights to ditches and reservoirs used in connection with such water right's, as may be recognized and acknowledged by the local customs, laws, and decisions of I courts, and also subject to the right of the proprietor of a vein or lode to extract and remove bis ore therefrom, should the same be found to penet;ate or intersect the premises hereby granted, as provided by law; and- ' there ' is reserved from the lands hereby granted. a right of way thereon for ditches or canals constructed by the authority of the united S fes. In testimony whereof I,_.....a�/r:ot' _< e..«.P(.,......_President of the United States of America, have caused these letters to be made Patent, ' and the seal pf the General Land Office to be hereunto affixed. • GGIVEN under my hand t the City pf Washington, the .2-4-4/-1.4Z4 fiyt... _..----..—_day of_ _(�_.f�S C__---- —, in the year of our Lord one thousand. ni-ne hundred f' - and of the Independence of the United States the one hundred and __l. By the President :__ Jn Wit,. . ta.K ti Secretary. .� Q Generale.1144.l 011) Land OI£ce. ... / Recorded .........`• l -------- , Vol.,..._ _:_—__., Page.... 2 Filed for Record the__.._.. .. day of... \A.\ 1: _$t.....V......__o'clock..R:_M. • Recorder. 4A Q, Deputy. kecorJed c.t 11 o'0l(r;•ic ... i°•_.. M. MAY ?8 1976 Reception No. ....... 2F7�y� Ella Stephens. Recorder GRANT OF EASEMENT THIS GRANT OF EASEMENT made, this ��1 p day of 1976 by JOIiN E. DREYER, WILLIAM J. FOOTE and EDWARD F. ST IT JR., dba DREYER, FOOTE and STREIT, Grantor, to the TOWN 'OF CARBONDALE, a Municipal Corporation of the State of Colorado. RECITALS: WHEREAS Grantor is the owner in fee simple of the property described on Exhibits "A" and "B" attached hereto; sou!:485 zv:E 4 73 AND WHEREAS grantee has acquired the fee simple title to a tract of land which is -adjacent to the tracts described on Exhibits "A" and "B;" AND WHEREAS grantee in connection with the operation and maintenance of its water supply system requires the right to place a waterline across the property described on Exhibit "A" and the right to place a drain easement along the property described on Exhibit "B." NOW THEREFORE for and in consideration of Ten Dollars and other valuable consideration, the receipt of which consideration John E. Dreyer, William J. Foote and Edward F. Streit Jr., dba Dreyer, Foote and Streit, hereby acknowledges. John E. Dreyer, William J. Foote and Edward F. Streit Jr. dba Dreyer, Foote and Streit hereby grants the Town of Carbondale, a Municipal Corpora- tion of the State;of Colorado and its successors and assigns the following rights: a) With respect to the property described on Exhibit "A," the 'right to construct, maintain, enlarge, re- construct,I improve, repair and remove a waterline. b) With respect to the property described on Exhibit "B," the right to construct, maintain, enlarge, re- construct, improve, repair and remove a drainage facility. c) With respect to both Parcels A and B the right to clear and keep clear of— all --treesTroo-ts, brush 1 BUUr;485 P!UE 474 and other obstructions which interfere with or threaten to interfere with the rights herein gran- ted. d) With respect to the aforesaid easements, John.E. Dreyer, William J. Foote and Edward F. Streit Jr., dba Dreyer, Foote and Streit hereby grant to the Town of Carbondale the perpetual right of ingress and egress along the private road which runs gen- a erally south from the subject property to a public road. John E. Dreyer, William J. Foote and Edward.F. Streit Jr., dba Dreyer, Foote and Streit for themselves and their successors and assigns hereby warrant title to the foregoing subject to general ad valorem taxes for the current year. The right, title and interest granted pursuant hereto shall 'endure until such time as the Town of Carbondale or its successors and assigns shall permanently abandon the use of said rights. For the purpose of this grant the failure of the Town of Carbondale or its successors and assigns to use said easements for a period of two consecutive calendar years shall be deemed permanent abandon- ment. This grant shall inure to the benefit of ald.be binding upon the successors and assigns of. the partiesetc), / -. William J. Foote Edward F. Streit J . STATE OF ILLINOIS ) ) ss. OOUI'ITY OF H;c,( ) :'The foregoing instrument was acknowledged before me this ''.• rek ,`flay. of /7-1(?.(t- , 1976 by John E. Dreyer, i-.,Wi1,11am..J: Foote and Edward F. Streit Jr. "• My...nOtarial commission expires: 7 e..cc ,x,„ /5 / ,2 '• - 4yness—my-hand- and—official-seal. Notary Pfiblio' BUUK485 PAGE 475 .EXHIBIT "A" To Grant of Easement by John E. Dreyer, William J. Foote and Edward F. Streit Jr., dba Dreyer, Foote and Streit to the Town of Carbondale. A parcel'of land being 25 feet in width situated in Lots 16 and 20 of Section 34, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, said strip of lan6 being,12.50 feet in width on each side of the following described centerline: Beginning•.at a point whence the Survey monument at the Intersection of Fourth Street and rain Street in the Town of Carbondale, County of Garfield, State of Colorado bears: N. 58°57'42" W. 2125.09 feet; thence along the centerline of said easement N. 31°28'00 W. 86.04 feet, more or less to a point on the Southerly line of an existing water line easement. 1 BOUA 85 PAA 476 ! i EXHIBIT "B" To Grant of Easemeit by John E. Dreyer, William J. Foote and Edward F. Streit Jr., dba Dreyer, Foote and Streit to the Town of Carbondale. A parcel of ,land being 20 feet in width situated in Lot 20 of Section 34, Township 7 South, Range 88 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, said strip of land being 10 feet in width on each,side of the follow- ing described centerline: Beginning at a point whence the Survey Monument of the .Intersection of Fourth Street and Main Street in the Town of Carbondale, County of Gbrfi.eld, State of Colorado bears: N. 57°08'15T W. 2202.96 feet; thence along the centerline of said easement S. 58°32'00" W. 70.00 feet. �o DEC 1978. Record"Q nt oclrck..a.. .... M. Recd, i;n ... .. ,�,,, L%cF+... 1'11a Stepb T1s. Renorder BEFORE THE BOARD OF COUNTY COMMISSIONERS OF 3ARFIELD COUNTY,FLORADO RESOLUTION NO. 78 - /,23 euox 520 rauE199 WHEREAS, Charles L. Kelley has petitioned the Board of County I Commissioners of Garfield County, Colorado, for an exemption from the definition of the terms "subdivision" and "subdivided land" under C.R.S. 1973, 30-28-101 (10) (a) -(d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted September 1, 1972 and amended April 14, 1975, Sections 1.02.17 (d) and 3.02.01, for the division of a 32.0 acre tract into three (3) tracts of app^oximately 10.0 acres each (hereinafter tracts "A", "B" and "C"), more or less, and said 32.0 Moreacre tract is more particularly described as follows: A tract of land situated in Lots 16, 17, 19 and 20 of Section 34, Tp. .7 S., Range 88 W. of the 6th P.M., also situated in Lots 1 and 7 in section 3, Tp. 8 S., Range 88 W. of the 6th P.M., lying southerly of the Southerly right-of-way line of the Denver and Rio Grande Western Railroad, (Aspen Ranch) described as follows: Beginning at a point whence the intersection of the. center lines of Euclid Avenue and '2nd Street in the town of Carbondale, Garfield County, Colorado, bears N. 89°57'00" W. 601.79 feet; thence N. 04°49'00" W. 543.06 feet to a point on the Southerly right-of- way line of said railroad; thelnce S. 58°20'00" E. 200.34 feet along Southerly right-of-way line of sari railroad; thence 1137.58 feet along the arc of a curve to the left having a radius of 2865.00 feet, the chord of which bears S. 69°42'30" E. 1130.00 feet, thence S. 81°05'00" E. 71.86 feet along the Southerly right-of-way line of said railroad; thence 5. 12°33'24" E. 763.90 feet; thence S. 63°10'34" W. 579.82 feet; thence S. 23°34'04" E. 455.11 feet; thence S. 01° 25' 35" W 369.47 feet; thence S. 60° 59' 02" W. 74.75 feet, thence N. 26° 08'00" W. 123.62 feet; thence 236.35 feet along the arc of a curve to the right, having a radius of 1065.88 feet; the chord of which bears N. 19° 46'52" W. 235.86 feet; thence 904.55 feet along the arc of a curve to the left having a radius of 1296.16 feet, the chord of which bears N. 33° 25'16" W 886.31 feet; thence N. 53° 24'49" W. 80.54 feet; thence 176.58 feet along the arc of a curve to the right having a radius of 472.56 feet, the chord of which bears N. 420 42'33" W. 175.55 feet; thence N. 32°00'17" W. 247.55 feet; thence S. 89°57'00" E. 130.60 feet; thence N. 01°58'00" W. 24.05 feet; thence N. 08°03'00" W. 316.59 feet; thence N. 89°57'00" W. 180.01 feet to the point of beginning, Together with the right of ingress and egress over and across the now 'existing road to Carbondale, in the State of Colorado and the County of Garfield. WHEREAS,'the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that he desires said exemption for the purpose of resale of said tracts "A", "B" BOOK 520 p,GE G.Oj) and "C" into single-family residential acreage, and; WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado, that domestic water will be provided by the Town of Carbondale Water System, that there is adequate ingress and egress to said tracts, that the location of septic tanks will be permitted by the Colorado Department of Health, that the requested division is in accordance with the general purposes and intent of the Subdivision Regulations of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. 1973, 30-28-101 (10) (a) -(d) as amended; NOW, THEREFORE, upgn the motion of Flaven J. Cerise, seconded by Richard C. Jolley, and carried, said 32.0 acre tract of land is hereby exempted from such definitions and said tract may be divided into three (3) tracts of 10.0 acres each, more or less, all as more fully described above, and said divided tract may be conveyed in the form of such smaller tracts without further compliance with the aforesaid subdivision statutes and regulations; provided, however, that said exemption is conditioned on the Petitioner obtaining a proper legal description of said tracts prior to anv conveyance thereof. Further, said exemption is granted on the condition and with the express understanding and agreement of the Petitioner that no further exemptions be allowed on said tracts "A", "B" and "C". A copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 20th day pf,November, A.DJ, 1978. ATTEST: De+uty '/ er of the B••.rd of Coun / Cofnmissioners Garfield County, Colorado THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: (2) Larry Velasg7i esiI.Shairman 1 RECORDED /0' 52 0 -CLOCK A.M. REC b 463149, NAY 16 199', MILDRED ALSOORF, GARFIELD COUNTY CLERK OF2'N1, CO3 CARBONDALE MEMORANDUM OF LEASE KNOW ALL MEN' BY THESE PRESENTS: egox0002 451 That Charles L. Kelley and Jon L. Rosengreh, as Lessor, and Colorado RSA No. 3 Limited Partnership address of which is c/o U S West NewVector Group Inc., 3350 161st Avenue, S.E., P.O. Box 91211, Belldvue, Washington 98009-2211, as Lessee, have entered into a Lease Agreement which includes the following terms: i 1. Leased Premises. The Lease Agreement covers a .parcel containing 2,400 square feet together with rights of ingress and egress; for access and utility services thereto, all as more particularly described in Exhibit 1 (legal description), a copy of which is attached hereto and incorporated herein by this reference. 2. Term of Lease Agreement and Options to Extend. The initial term of the Agreement is for a five-year period commencing on November 1, 1993and terminating October 31, 1998 Lessee has options to extendlthe Lease term for 2 consecutive five- year (5) periods. Lessee may, under certain conditions, elect to further extend the term thereof. 3. Successors and Assigns. The terms, covenants and provisions of the Lease extend to and are binding upon the respective executors, administrators, heirs, successors and assigns of Lessor and Lessee; provided that Lessee's interest thereunder may not be assigned without the prior written consent of Lessor. 4. Reference to Lease. The full terms and conditions of said Lease are more particularly set forth in the written Lease Agreement between the parties dated August 1, 1993. The within Memorandum of Lease is intended to provide only record notice of the existence of the Lease Agreement, under which the parties remain bound. Charles L. Kelley, Lessor on L. Rosengrerr, Lessor 6Tun,„1 7, Colorado RSA No. 3 Limited Partnership, a limited partnership (Lessee) By:US West NewVector Group, Inc., General Partner By : !`rG<-6C/Z. Its: Director of Property, Construction & Development Services LL/eSj )✓L ui (/6C76N 4/47 7a.s S. Cc/.,JrO,., LrvyGc.w•�oo ��. Jib/ 2- BOOK0002...�: 452 INDIVIDUAL ACKNOWLEDGMENT State of Colorado ss. County of Garfield ) On this day personally appeared before me CHARLES L. KELLEY and JON L. ROSENGREN to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. Give ul'der my hand and official seal this a-' iday o 199 STATE OF WASHINGTON 1 NO1ARY an 49 for the. State - of Co o residing at Glenwodd. 9 !!./.... SprifCommission Expires: PARTNERSHIP ACKNOWLEDGMENT ) ea. COUNTY OF KING I On this 2bth ii ay of December, 1993, before me, the undersigned, 2 Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Ella L. Cote to me known to be the Director of Property, Construction & Development Service of U S WEST NewVector Group, Inc., the General partner of Colorado RSA No. 3 Limited Partnership, the partnership tha[t executed the foregoing instrument, andlacknowledged the said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that she is authorized to execute the said instrument. WITNESS'my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC in and for the State of Washington residing at my commissio efipires caTCARBOND.ALE-7, 0 EXHIBIT A CEECT/F7:2N - TAsca._ T.TcEL CT LANG -CT7BE: E, TEECL.77:m tA,CO ^T T T4ZE :MS. ltti.•y Ce c:4 -ER Lc. 3z. 7C.mSHiT 7 SOUTw. Agm0E Eg c; 7-E E:x7k 4Em7ciAm, ccumTv CF GATTIEL:. STATE .T.T COLCAACC. EI140 moTE TAATICULATLY ZESCTZEED AS FOLLC.S; CT...ENCINO AT TPE moTTmwEST CCTmET CT SA7.7. TEICLuT7C.m. ;Tcp w-g4CE TPE SuFvEy .04UmENT C,P .cuCTw NCRTH 1111:219: EAST A p;sTAucE GF 60.00 ET: TRENCE SCUM ::37ANCE Car A55.35 ET 7;..E 7FUE FOTUT C; SEZ:NNI14: ;MEMOS w.:4 sTREETS 7m TkE TC. CF CAROCuDALE SEATS koTim i6'Ag'12- ..EET C7STAuCE CF I SC,: .6T FEET; SOON EAST a OV 32' EAST A a:STANCE CT Aa. CO PEET; TPENCE SOUTH 8J22 'E7 A 07STANCE OF SO.00 FEET: THENCE mCATH 0.t.35.32" kW' 7::37AuCE CF TS.S0 FEET TO THE 7TUE FCINT sic;#414zu.s. CC.NTA IMMO .1C0 SOUFAE Ft -7E7 MORE CR LESS. rti s•-•/' .‘A Boox0902,!ri 453 I CO3CARBOv-DALE-3 EXHIBIT A 1100X0902 � ��. 454 _- ._11 - __ ::103233-E 50235 4 67:-:T'e -85EHEN7 - 1 1N EASEMENT, - -- :N wI--7H, :89 LAG ACROSS A PORT:CN O: PARCEL CF LAND AS CESCRIBEO BY RESOLUTION NO. 6-123 4740 RECORDED :N 9772 520 AT PAGE 199, BEING A 6057567 CF 714 SOUTHEAST CNE- CU4RTER OF 5 ...N 3A, TOWNSHIP 7 SCUTH, RANGE 88 wEST AND THE SCUTHwEST CME-•3UARTER OF SECTION 5. TOWNSHIP 8 SOUTH. RANGE 88 .557 CF THE 575TH PRINCIPAL N295611N. COUNTY CF GARFIELD. STATE % :O10846O. OEING 10.00 FEET ON EITHER 5:O"E Cr THE FOLLOWING ZESCR1990 CENTERLINIIE: II CCMMENCING AT THE SURVEY MONUNENT A7 714 INTERSECTION OF FOURTH 4740 HAIN STREETS IMI 714E TC'.+N OF C4RBGHOALE: THENCE NORTH 4'34'59' wEST A DISTANCE OF 3338.75 FEET TO THE TRUE POINT OF BEGINNING: THENCE THE FOLLOWING TWENTY (20) COURSES ALONG THE Ci,NTS#LIHE CF SAID EASEMENT: 1. THENCEALONG THE ARC OF A CURVE 7O THE LEFT MAvING A CENTRAL ANGLE 09'117'04'56-, A RADIUS Or 68.00 FEET AND .44 ARC LENGTH Cr 128.96 FEET WHOSE CHORD BEARS NORTH 32'57'201- EASTIA DISTANCE GF 116.01 FEET TO A POINT OF TANGENCY: 2. THENCE NORTHi25'3A'57' VEST A DISTANCE CF 16.78 FEET SO A POINT OF CURVATURE: 3. THENCE ALONG THE ARC OF A CURVE TO THE RIGHT 114VING A CENTRAL ANGLE OF 13'15'16', A RADIUS OF 869.95 FEET AND AN ARC LENGTH OF 201.25 FEET WHOSE CHORD BEARS NORTH 18'57'1I9- WEST A DISTANCE OF 200.60 FEET TO A POINT OF TANGENCT: A. THENCE NORTH 12'19'41" WEST A DISTANCE OF 239.76 FEET TO A POINT 0k CURVATURE: 5. THENCE ALONG THE ARC OP A CUbvE TO THE LEFT H4111NG A CENTRAL ANGLE OF 11'3]'11', A RADIUS OF A29.79 FEET AND AN ARC LENGTH OF 86.79 FEET WHOSE CHORD GEARS NORTH 18'06'16- HEST A ' DISTANCE OF 86.61. FEET TO A POINT OF CURVATURE: 6. THENCE ALCNG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE CF 14'03'52_. A RADIUS OF '1059.86 FEE: 4740 AN ARC LENGTH OF 209.26 FEET wNO5E CNORO GEARS NORTH 30'55'16' HEST A DISTANCE OF 251.61 FEET TO A 00INT CF TANGENCY: 7. THENCE NORTH 3"'07'I3- WEST A DISTANCE OF 53.37 FEET; 8. THENCE NORTH 37'57'32- WEST A DISTANCE Cr 125S.S2 FEET TO A -R CURVAAUHE; 9. THENCE ALONG 'THE ARC OF A CURVE TO THE LEFT HAVING A CENTRA(, ANGLE OF 10'09'19'. A RADIUS OF A79.A1 FEET AND AN ARC LENGTH 0F161.97 FEET WHOSE CHOR0 BEARS NCRTN 43'32'25- HEST A DISTANCE OF 84.86 FEET TO A POINT OF TANGENCY: 10. THENCE N0RTH 48'07'04' WEST A DISTANCE OF 749.56 FEET TO A POINT OF CURVATURE: 11. THENCE ALONG THE ARC.OF A C:JRVE TO THE RIGHT HAVING A CENTRAL ANGLE CF 36'73'31 A RADIUS OF 169.00 F:=7 ANO AN 4RC LE4074 OF 106.85 FEET w4O5E CHORD DEARS NORTH 30'00.16 WEST A CLE: DISTANCE OF 105.08 FEET TO A PO1N7 OF 74NGEHC7: 12. THEvCE NORTH 11'33'33' WEST A 32374865 CF 139.1,7 9571; 13. 7H8 -:E NORTH 02'02'18' *EST A DISTANCE Cr 81.75 F=E7• 14. THE'C'E NORTH 07'14'16' HEST A DISTANCE CF 58.09 FEET: 15. THENCE NORTH 01715'19 EAST A DISTANCE CF 65.80 FEET; 16. THENCE NORTH 07'52'37- wEST A 0:ST4NCE CF 32.52 F--' 17. 'HENCE NORTH 72'23'53- wEST A 012T4NCE CF 1,4.71 FEET: IL tRENCF--NORTu-0114-1',32 FEET; 19. THENCE NORTH 57'21'47- WEST A DISTANCE CF 24.23 FE5': 2C. THENCE NORTH 05'35'32 HEST A 0:STANCE CF 90.71 FEET TO THE 971447 OF TERMINUS. FROA4 WHENCE THE NORTHWEST 0ORNER OF THE 480vE :13091550 LEASE PARCEL SEARS NORTH 54.24'23' EAST A 01STANCE or G.20 FEET, I (C'_C-1.RBO DALE-; EXHIBIT .� SITE JDEscziPTlor) 800 '1(0902 rvi 455 482649 B-951 P-988 09/01/95 04:11P PG 1 OF ..4 REC DOL NOT MILORED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 121.00 ASSIGNMENT OF LEASE ' (Communications Facility) KNOW ALL MEN BY THESE PRESENTS, that: WHEREAS, Charles L. Kelley and Jon L. Rosengren, as Lessors, entered into d certain Option and Lease Agreement dated August 1, 1993, with Colorado RSA No. 3 Limited Partnership, as Tenant, an originally signed copy of which is attached hereto and incorporated herein by this reference; and WHEREAS, the optionito lease contained in the attached Option and Lease Agreement) was exercised by Tenant and the initial term of the Agreement was established for the five (5) year period commencing on November 1, 1993, and terminating October 31, 1998, with options on the part of the Tenant to extend the Lease, as more particularly in said Option and Lease Agreement provided; and WHEREAS, a Memorandum of Lease, in respect thereto, is recorded in the office of the Clerk and Recorder of Garfield County, Colorado, in Book 902 at Page 451, as Reception No. 463149, a copy of which recorded document is also attached hereto; and WHEREAS, contemporaneously herewith, Charles L. Kelley, Louise Kell, Jon L. Rosengren and Connie Rosengren ("Assignors") are conveying to Darlyne M. Woodward and Martha G. Collison ("Assignees") the lands subject to said Option and Lease Agreement, together with additional real property. NOW, THEREFORE,Ifor Ten Dollars ($10.00) and other good and valuable consideration in hand paid, receipt whereof is hereby acknowledged, AND SUBJECT TO Assignors' rights and interests in and under that certain Deed of Trust, from Assignees bearing even date herewith, which rights and interests are reserved, Assignors do hereby assign, sell, set over, transfer and convey to Assignees all of the Assignors' right, title and interest, as Lessor or otherwise, in, under and to the attached option and Lease Agreement and the attached Memorandum of Lease, including without limitation the benefit of all covenants and provisos therein contained and all rights of the Lessor thereunder; and Assignors warrant and represent that the rents due thereunder are current, that the next annual rental installment is due and payable on November 1, 1995, and has not been prepaid, and that no subsequent annual rentals coming due under the Lease have been prepaid. DATED this 31st day of August, A.D. 1995. ASSIGNORS: 9 (�2414."-C-e - \ r Char es L. Kelley LoQise Kelley C- on L. Rosengren c onniei.Rosengren STATE OF COLORADO s$. COUNTY OF GARFIELD The foregoing instrument was acknowledged before me this 31st day of August, A.D. 1995, by CHARLES L. KELLEY, LOUISE KELLEY, JON L. ROSEbGREN and CONNIE ROSENGREN. _Witness my hand and official seal. My commission expires*IZ Nota ag Fpi 1ic THE REAL ESTATE CORNER 0985 Highway 133 Carbondale. CO 81623 ORIGINAL 482649 B-951 P-989 09/01/95 04:11P PG 21 OF 24 OPTION AND LEASE AGREEMENT CO3CARBONDALE-3 This Agreement, made 1993, between Charles L. Kelley and Jon L. Rosengren, hereinafter designated LESSOR, and Colorado RSA No. 3 Limited Partnership by U S WEST NewVector Group, Inc., General Partner, 3350 161st Avenue Southeast, P. 0. Box 91211, Bellevue, Washington 98009-2211, hereinafter called TENANT. RECITALS 1. LESSOR is the owner of certain real property located in County of Garfield, State of Colorado, and 2. TENANT desires to obtain an option to leas a portion of said eal property, the leased portion of which shall be hereinafter referred to as "Property", including rights-of-way and easements for ingress, egress and utilities thereto, containing approximately 366-& square feet, described on Exhibit "A", and its subparts, attached aye hereto and incorporated herein by this reference. AGPEEMENT NOW THEREFORE, in consideration of the sum of One Thousand dollars ($1,000.00) hereinafter referred to as Option Money, to be paid by TENANT to the LESSOR, which TENANT will provide upon its execution of this Agreement, the LESSOR hereby grants to TENANT the right and option to lease 'said Property, including rights-of-way and easements for ingress, egress and util.itiesifor access thereto, for the term and in accordance with th covenants and conditions set forth OIA001. W P 04/01/91 INITIALS e 04-k 482649 B-951 P-990 09/0 5 04:11P PG 3 OF 24 herein. The Option niay be exercised at any time on or before June 30, 994. At TENANT'S election and upon TENANT'S prior written notification to LESSOR, the time during which the Option may be exercised may be further extended for one additional period of one year, through and including June 30, 1995, with an additional payment of One Thousand Dollars ($1,000.00) by TENANT to LESSOR for the option period so extended. The time during which the Option may be exercised may be further extended by mutual agreement in writing. If during said option period, or daring the term of the lease if the Option is exercised, the LESSOR decides to subdivide, sell, or change the status of the Property or his property contiguous thereto, he shall immediately notify TENANT in writing so that TENANT can take any steps necessary to protect TENANT'S interest in the Property. This Option may not be fold, assigned, or transferred at any .ime by TENANT except to TENANT'S affiliates or subsidiaries. As to other parties, this Option may not be sold, assigned, or transferred without the written consent of the LESSOR, such consent not to be unreasonably withheld. Should TENANT fail to exercise this Option or any extension thereof within'the time herein specified, all rights and privileges granted hereunder shall be deemed completely surrendered, this Option terminated, and LESSOR shall retain all money paid for the Option, and no additional money shall be payable by either party to the other.The LESSOR shall permit TENANT, during the Option period, free ingress and egress to the Property to conduct such surveys, structural strength analysis, subsurface boring tests, environmental assessments, and other activities of a similar nature as TENANT may deem necessary, at sole cost of TENANT. 2 482649 B-951 P-991 09/01/°5 04:11P PG 4' OF 24 LESSOR also hereby grants to TENANT the right to obtain metes and bounds legal description and/or a survey of said Property, and aid metes and bounds legal description ani]/or survey shall then become Exhibit ",B" which shall be attached hereto and made a part hereof, and shall control in the event,of discrepancies between it and Exhibit "A", or its subparts. Cost of such work shall be paid by TENANT. Notice of the exercise of the Option shall be given by TENANT to the LESSOR in writing by certified mail, return receipt requested. Notice shall be deemed effective on the date it is postmarked. On the effective date of such notice the following Agreement shall take effect. LEASE AGREEMENT 1. LESSOR hereby leases to TENANT that certain paresl of property (hereinafter "Property") containing -3-6-8-0- square feet situated on 356 County Road 101, and shown as Assessor's Parcel # 2393-344-00- 008, County of Garfield, State of Colorado, togethef with the non-exclusive right for ingress and egress, seven (7) days a w:ek, twenty-four (24) hours a day, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, cables, conduits, and pipes over, under, or along a twenty (20) foot wide right-of-way and easement extending from the nearest pnblic right-of-way, County Road 101, to the'demised premises. LESSOR agrees, without delay, to execute any such easement documents which are reasonably necessary for utilities extending to and servicing GRANTEE'S facility, as may be required by any and all utility companies in connection with TENANT's use of said Property. Said roperty, dy and easement— ingr-es eg3^cs-an��atilitie� 3 INITIALS ce6 482649 B-951 P-992 09/01/ 04:11P PG 5 OF 24 are described herein in Exhibit "A", and its subparts, attached hereto and made a part hereof by this reference. 2. LESSOR also hereby grants to TENANT the right to obtain metes and bounds legal description ancc/or a' survey of said Property, and said metes and bounds legal description and/or survey shall then become Exhibit "B" which shall be attached hereto and made a part hereof, and shall control in,thelevent of discrepancies between it and Exhibit "A", and its subparts. Cost of such work shall be paid by TENANT.1 13. This Agreement shall be for an initial term of five (5) years, commencing on the date the Option is exercised by TENANT, at an I � annual rental of Five Thousand Four Hundred Dollars ($5,400.00), per year, to be paid in full at the beginning of each anniversary year, to Charles L. Kelley and Jon L. Rosengren, or to such other person, Firm, or place as the LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment 1 date. 4. TENANT shall have the right'to extend this lease for four (4) additional five (5) year terms by giving the LESSOR written notice of its intention to do so at least six (6) months prior to the end of the then current term. 5. The annual rental for the first five (5) year extension term shall be increased to Six Thousand Four Hundred Eighty Dollars 1 ($6,480.00) per year; the second (2nd) five (5) year extension term shall be increased to Seven Thousand Seven Hundred Seventy -Six Dollars ($7,776.00) per year, the third (3rd) five (5) year extension term shall be increased to Nine Thousand Three Hundred Forty -Six Dollars $9,346.00) per year, and the fourtf(-4th) five (5-)-- year—e-tens-i-0-n 4 482649 B-951 P-993 09/01 7 04:I11P PG 6 OF'24 term shall be increased to Eleven Thousand Two Hundred Eight Dollars ($11,208.00) per year. 6. If, at the end of the fourth (4th) five (5) year extension term, this Agreement has not been terminated by either party by giving to the other written notice of an intention to terminate it at least six (6) months prior to the end of such term, this Agreement shall continue in force upon the same covenants, terms, and conditions, and at the rental specified for the fourth (4th). five (5) year extension term, for a further term of one (1) year and for annual terms thereafter until terminated by either party giving to the other written notice of its intention to so terminate at least six (6) months prior to the end of 7. TENANT shall use the constructing, maintaining, and Facility and uses incidental t such term. Property foir the purpose of operating a Mobile Communications hereto, conEisting of one (1) building of approximately 450 square feet and one (1) antenna structure, including cellular antennas and link antennas and all necessary connecting appurtenances. The contents of said building shall include, without limitation, radio transmission andlcomputer equipment. A security similar, but equipment, and emergency battery and generator fence consisting,of chain link construction or comparable, construction may be placed around the perimeter Property (not including the access easement). All of the improvements s;iall be at the TENANT'S expense. TENANT shall maintain the Property in reasonable condition. It is understood and agreed that TENANT'S ability to use the Property is contingent upon its obtaining, after the execution date of this Agreement, all the certificates, permits, n-d--othera-ppr-OVals thaw ma -y be req»ired by any federal, state, or 5 482649 B-951 P-994 09/0 5 04:11P PG 7 OF 24 local authorities. LESSOR shall cooperate with TETT in its efforts {-o obtain such approvals and shall take no action which would adversely affect the status'of the Property with respect to the proposed use thereof by TENANT. In the event that any of such applications should be finally rejected or any certificate, permit, license, or approval issued to TENANT is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority so that TENANT, in its sole discretion, will be unable to use that Property for its intended purposes, TENANT shall have the right to terminate this Agreement. Said termination right shall also apply in the event that TENANT is otherwise, within its sole discretion, precluded from using the. Property for its intended purpose. Notice of the TENANT'S I exercie of its right to tei-minate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective ,on receipt of such notie by the LESSOR as evidenced by the return receipt. All rentals paid for the lease of the Property to said termination date shall be retained by LESSOR. Upon such termination, this Agreement shall become null andlvoid and all the parties shall have no further obligations, including the payment of money, to each other. 8. TENANT shall indemnify and hold LESSOR harmless against any claim of liability or loss from personal injury or property damage resulting from or arising ent of the use and occupancy of the Property by the TENANT, its servants or agents, excepting, however, such claims or damages as may be due to or caused by the acts of the LESSOR, its servants or agents. 9. LESOR and TENANT, and all parties claiming under them, reby mutually release and discharge each other from all claims, 482649 B-951 P-995 09/01/x' 04:11P PG 8 OF 24 liabilities and rights of action arising from or caused by any hazard covered by insurance on the Property, or covered by insurance in connection with property on, or activities conducted on, the Property, regardless of the cause of the damage or loss. 10. TENANT will be responsible for all utilities required by its use of the Property. TENANT shall pay any real estate taxes levied against Property and the improvements constructed thereon by TENANT. 11. TENANT, upon termination of this Agreement, shall, within a reasonable period, remove its personal property and fixtures and restore the Property to its original condition, reasonable wear and tear excepted. If such time for removal causes TENANT to remain on the Property after termination of this Agreement, TENANT shall pay rent at the then existing monthly rate or the existing monthly nro-rata basis if based on a longer payment term, until such time as the removal of personal property and fixtures is completed. At LESSOR'S option when this Agreement is terminated, and upon LESSOR'S advance written notice to TENANT, TENANT will leave the foundation and security fence to become the property of LESSOR. 12. Should the LESSOR, at any time during the term of this Agreement, decide to sell all or any part of the Property (the Property to include only the parcel leased hereunder) to a purchaser other than TENANT, such sale shall be under and subject to this.., Agreement and TENANT'S right hereunder, and any sale by the LESSOR of the portion of the LESSOR'S property underlying any and all rights-of-wy and easements for ingress, egress and utilities herein granted shall be under and subject to the right of the TENANT in and :o such rights-of-way and easements. 7 482649 B-951 P-996 09/0 )5 04:11P PG 9 OF 24 13. LESSOR covenants that TENANT, on paying the rent and performing the covenants by it herein made, shall and may peacefully and quietly have, hold, and enjoy the leased Property.lI 14. LESSOR covenants that LESSOR is seized Jf good and sufficient title and interest in the Property and has full authority to enter into and execute this Agreement. LESSOR further covenants that there are no other liens, judgments, or impediments of title on the Property. 15. It is hereby mutually agreed and understood that this Agreement contains all; agreements, promises, and understandings between the LESSOR and TENANT and that no verbal or oral agreements, promises, or understandings shall or will be binding upon either the LESSOR or TENANT inanydispute, controversy, or proceeding at law, and any addition, variation, or modification to this Agreement shall )e void and ineffective unless in writing and signed by the parties hereto. 16. This Option and Lease Ag 'eement and the performance thereof shall be governed, interpreted, construed, and regulated by the laws of the State of Colorado. 17. This Agreement may not be sold, assigned, or transferred at any time by TENANT except to TENANT'S affiliates or subsidiaries. As to other parties, this Agreement may not be sold, assigned, or transferred without the written consent of the LESSOR, such consent not to be unreasonably withheld. 18. In the event that either party hereto shall institute suit to enforce any rights hereunder, the prevailing party shall be entitled to recover court costs and a reasonable attorney's fee. Upon appeal, the prevailing party shall be entitled to recovery of court 8 482649 B-951 P-997 09/01/`- 04:11P PG 10 OF 24 costs and reasonable attorneys' fees incurred as a result of such appeal. 19. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice): TENANT: Colorado RSA No'. 3 Limited Partnership by US WEST NewVector Group, Inc. General Partner 3350 161st Avenue Southeast P. O. Boxy 91211 Bellevue, Washington 98009-2211 Attn: Real Estate Department LESOR: Charles 1. Kelley & Jon L. Rosengren P.O. Box 488 Carbondale, CO Telephone: (303) 963-2915 20. This Agreement shall extend to and bind the heirs, personal representatives, successors and assigns of the parties hereto. 21. At LESSOR'S option, this Agreement shall be subordinate to any mortgage by LESSOR which, from time to time, may encumber all or part of the Property and any or all Rights -of -Way and easements thereto; provided, however, every such mortgage shall recognize the validity of this Agreementiin the event of a foreclosure of LESSOR'S interest and also TENANT'S right to remain in occupancy of and have access to the Property as long as TENANT is not in default of this Agreement. TENANT shall execpte whatever instruments may reasonably be required to evidence this subordination clause.' If the Property is presently encumbered by one or more mortgages, LESSOR will provide TENANT with a Non -Disturbance Agreement in recordable form for each ;uch mortgage. 9 482649 B-951 P-998 09/01/"` 04:11P PG 11 OF 24 22. This Option and Lease Agreement shall not be recorded. The parties shall execute a Memorandum of Lease in the form attached, but ,nly after the option is exercised and TENANT has selected the location and provided a surrey description of the 3,600 foot site to be used, which legal descri tion shall be attached to the Memoran of Lease as Exhibit $ The Memorandum of Lease shall be recorded A the office of the Clerk and Recorder of Garfield County, Colorado. Upon the expiration of this Lease or, in the event this Lease should be terminated under any of the terms and provisions herein contained, TENANT shall execute and deliver to LESSOR a quit claim deed releasing all right, title and interest in and to the property which TENANT may have under and by virtue,of this Lease or such recorded Memorandu Lease. Should TENANT fail to provide and deliver such quita claim deed upon demand, then' LESSOR may recover from TENANT all reasonable costs and attorney's fees incurred in connection with compelling compliance with the provisions of this paragraph and/or quieting LESSOR'S title, together with any damages sustained by reason of TENANT'S failure to comply with the provisions of this paragraph. 482649 B-951 P-999 09/C '95 04:11P PG 12 OF 24 IN WITNESS' W1,EREOF, the parties hereto have set their hands and affixed their respective seals the day and year first above written. LESSOR: L. Charles L. Kelley & Jon Rosengren }fell game SS# or Taxpayer ID# me 3y5- 3V- y//6 SS# or Taxpayer ID#' TENANT: Colorado, RSA No. 3 Limited Partnership by US WEST NewVector Group, Inc., General Partner y ( 1?"1"6 Its: DIRECTOR OF REAL, ESTATE & CONSTRUCTION 11 482649 B-951 P-1000 09/01/95 04:11P PG 13 OF 24 PARTNERSHIP ACKNOWLEDGMENT STATE OF WASHINGTON ) SS. COUNTY OF KING I ) ,i day of A, ►, .. -� 1993, before me, the undersigned, On this a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Ella L. Cote 'to me known to be the Director of Real Estate & Construction of U S WEST NewVector Group, Inc. the General Partner of Colorado RSA No. 3, Limited Partnership, the partnership that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that she is authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. REBECCA L. LEE NOTARY PUBLIC STATE OF WASHINGTON SH NGT ON My Comm. Exp. 1996 NOTARY PUBLIC in and for the State of Washington residing at King Coun MyCommission expires • \9 1�c(e 482649 B-951 P-1001 09/01/95 04:11P PG 14 OF 24 State of County of INDIVIDUAL_ ACKNOWLEDGMENT cap ) ss. (I 67,L Et z_ <r, On this day personally appeared before me 7ON L-. I o.56-izEn1 to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/ti ieir fi ee and voluntary act and deed,' for the uses and purposes therein mentioned. GIVEN under my hand and official seal this.t/ day of ti 1993. NOTA 1.1B 19 and 1 the Stat • f �2/4)/r: c% residing at.; -r (O/YI/Y) AXP /O//yy 482649 B-951 P-1002 09/01/95 04:11P PG 15 OF 24 CO3CAR.BONDAL.E- 3 EXHIBIT A LEGAL DESCRIFT:CN - _EASE FI;RCEE- .4RCEL CF LAND S:TUATEC IN :P'.:N CF A FARC=_ OF LANG Az :ESCRIBED EY PESCL. :N t.y--1 ANC RE-:RGEi, It. BOCK 52' AT ;AGE 179. EEING - PORTION OF -E SCUTHEAST CNE-GoARTER CF SECTION 33. TOWNSHIP 7 SOUTH. RANGE E8 ..EST OF TnE SIXTH PRINC:'- PAL MERIDIAN. C:LINTY OF GARFIELD. SATE OF COLCRAGC BEING HCRE PARTICULARLY CEESCRIBED AS FOLLOWS: CCMMENCING AT THE NORTHWEST CORNER CF SAID RESOLUTIOt1. FROM WHENCE THE SURVEY MONUHENT AT THE INTERSc_..L,N OF FOURTH ANG MAIN STREETS IN THE TOWN OF CARBONDALE BEARS NORTH B6°49'13" WEST A DISTANCE CF 1307.87 FEET; 7HEIrCE SOUTH 32'33'09" EAST A DISTANCE CF 435.85 FEET TO THE TRUE POINT CF BEGINNING; THENCE NORTH 84°24'29' EAST A DISTANCE OF 60.00 FEET: THENCE SOUTH 05435'32- EAST A DISTANCE CF 10.00 FEET; THENCE SOUTH 81'24'23" WEST A DISTANCE OF 60.00 FEET; THENCE NORTH 05°35'32 -!WEST A CISTANCE OF 40.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 2,400 SQUARE FEET MORE OR LESS. rp,)e. I crL3 482649 B-951 P-1003 09/01/95 04:11P PG 16 OF 24 CO3 CARBONDALE-3 EXHIBIT A LEGAL CESCRIPTICH - 20' INGRESS-EGPESS EASEHENr AN EASEMENT. 22.03 FEET iNIWICTH. OVER AND' ACROSS A PORTION OF PARCEL OF LAND AS DESCRIBED BY RESOLUTION NO. 78-123 AND RECORDED IN BOOK 520 AT PAGE 199. BEING A PORTION CF'T1;E SOUTHEAST ONE- QUARTER OF SECTION 34. TOWNSHIP 7 SOUTH. RANGE 88 WEST AND THE SOUTHWEST ONE-QUARTER OF SECTION 3, TOWNSHIP 8 SOUTH. RANGE 88 WEST OF THE SIXTH PRINCIPAL HERIDIAN. COUNTY CF GARFIELD. STATE OF COLORADO, BEING 10.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SURVEY MONUMENT AT THE INTERSECTION OF FOURTH AND MAIN STREETS IN THE TOWN OF CARBONDALE; THENCE NORTH 44°34'59" WEST 'A DISTANCE OF 3336.75 FEET TO THE TRUE POINT OF BEGINNING: THENCE THE FOLLOWING TWENTY (20) COURSES ALONG THE CENTERLINE OF SAID EASEMENT: 1. THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 117°04'56-, A RADIUS OF 68.00 FEET AND AN ARC LENGTH OF 138.96 FEET WHOSE CHORD BEARS NORTH 32.57'20" EAST A DISTANCE OF 116.01 FEET TO A POINT OF TANGENCY; 2. THENCE NORTH 25'34'57" WEST A DISTANCE CF 16.'78 FEET TO A POINT OF CURVATURE: 3. THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A, CENTRAL ANGLE OF 13.15'16", A RADIUS OF 869.95 FEET AND AN ARC LENGTH OF 201.25 FEET WHOSE CHORD BEARS NORTH 18°57'19" WEST A DISTANCE OF 200.80 FEET TO A POINT OF TANGENCY; 4. THENCE NORTH 12'19'41" WEST A DISTANCE OF 239.16 FEET TO A POINT OF CURVATURE; 5. THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 11.34'11", A RADIUS OF 429.791 FEET AND AN ARC LENGTH OF 86.79 FEET WHOSE CHORD SEARS NORTH 18'06'46" WEST A DISTANCE OF 86.64 FEET TO A POINT OF CURVATURE; 6. THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 14'03'52 A RADIUS OF 1039.86 FEET AND AN ARC LENGTH OF 255.26 FEET WHOSE CHORD BEARS NORTH 30.55.48" WEST A DISTANCE OF 254.61 FEET TO A POINT OF TANGENCY; 7. THENCE NORTH 37'57'13" WEST A DISTANCE OF 53.37 FEET; 8. THENCE NORTH 37°57'52" WEST A DISTANCE GF 255.32 FEET TO A F3i',T 3F C.IRvAIUNE: 9. THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF110.09'19-, A RADIUS OF 479.41 FEET AND AN ARC LENGTH OF 84.97 FEET WHOSE CHORD BEARS NORTH 43°02'25" WEST A DISTANCE OF 84.86 FEET TO A POINT OF TANGENCY: 10. THENCE NORTH 48.07'04' WEST A DISTANCE OF, 149.56 FEET TO A POINT OF CURVATURE: 11. THENCE ALONG THE ARC•OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 35°13'31 A RADIUS OF 169.00 FEET AND AN ARC LENGTH OF 106.85 FEET WHOSE CHORD BEARS NORTH 30"00'18" HEST A DISTANCE OF 105.08 FEET TO A POINT OF TANGENCY; 12. THENCE NORTH 11.53'33" WEST A DISTANCE OF 129.47 FEET; 13. THENCE NORTH 02'02.18" WEST A DISTANCE OF 84.751FEET; 14. THENCE NORTH 07.18'16" WEST A DISTANCE OF 58.C9 FEET; 15. THENCE NORTH 04.15'49" EAST A DI57ANCE OF 65.80 FEET: 16. THENCE NORTH 01.52'37" WEST A DISTANCE OF 32.52 FEET; 17. THENCE NORTH 72.29'53" WEST A DISTANCE OF 114.71 FEET; 18. THENCE NORTH 06.21'47" WEST A DISTANCE OF 86.32 FEET: 19. THENCE NORTH 51'21'47" WEST A DISTANCE OF 24.22 FEET; 20. THENCE NORTH 05.35'32" WEST A DISTANCE OF 90.74 FEET TO THE PrINT OF TERMINUS, FROM *HENCE THE NORTHWEST CORNER OF THE ABOVE CS=CRIBED TEASE PIRrEL BEARS NQRTH-&4- -4.23" CA :0.O0 FEET. 482649 B-951 P-1004 09/01/95 04:11P PG 17 OF 24 (-03CARBO\rDALE- iT scR I PTI O►J Om EXHIBIT A g. e. 482649 B-951 P-1005 09/01, 04:11P'PG 18 OF 24 MEMORANDUM OF LEASE KNOW ALL MEN BY THESE PRESENTS: That Charles L. Kelley and Jon L. Rosengren, as Lessor, and Colorado RSA No. 3 Limited Partnership address of which is c/o U S West NewVector Group Inc., 3350 161st Avenue, S.E., P.O. Box 91211, Bellevue, Washington 98009-2211, as Lessee, have entered into a Lease Agreement which includes the following terms: 1. LeasediPremises. The Lease Agreement covers a parcel containing 2,400 square feet together with rights of ingress and egress for access and utility ervices thereto, all as more particularly described in Exhibit (legal description), a copy of which is attached hereto and incorporated herein by this reference. 2. Term of Lease Agreement and Options to Extend. The initial term of the Agreement is for a five-year period commencing on 1 andl terminating Lessee has options to extend the Lease term for 2 consecutive five- year (5) periods. Lessee may, under certain conditions, elect to further extend the term thereof. 3. Successors and Assigns.' The terms, covenants and provisions of the Lease extend to and are binding upon the respective executors, administrators, heirs, successors and assigns of Lessor and Lessee; provided that Lessee's interest thereunder may not be assigned without the prior written consent of Lessor. 4. Reference to Lease. The full terms and conditions of said Lease are more particularly ;set forth in the written Lease Agreement between the parties dated August 1, 1993. The within Memorandum of Lease is intended to provide only record notice of the existence of the Lease Agreement, under which the parties remain bound. Charles L. Kelley, Lessor 1 Jon L. Rosengren, Lessor Colorado RSA No. 3 Limited Partnership, a limited partnership (Lessee) By:US West NewVector Group, Inc., General Partner By: Its: 70e& 482649 B-951 P-1006 09/01/5 04:11P PG 19 OF,24 INDIVIDUAL ACKNOWLEDGMENT State of Colorado ss. County of Garfield On this day personally appeared before me CHARLES L. KELLEY and JON L1 ROSENGREN to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as his free and voluntary act and dead, for the uses and purposes therein mentioned. Given under my hand and official seal this day of 1993. STATE OF WASHINGTON COUNTY OF KING NOTARY PUBLIC in and for the State of Colorado residing at Glenwood Springs Commission Expires: PARTNERSHIP ACKNOWLEDGMENT )SSI . On this day of 1993, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Ella L. Cote to me known to be the Director of Real Estate &'Construction of US WEST NewVector Group, Inc. the General Partner of Colorado RSA No. 3, Limited Partnership, the partnership that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that she is authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC in and for the State of Washington residing at King County My Commission Expires Bo0B0902P.C.i 451 482649 B-951 P-1007 09/01/95 04:11P PG 20 OF 24 RECORDED /1O'CLOCK/4-M. REG . 463149 HA`(161994MILDRED ALSDORF, GARFIELD COUNTY CLERK CO3 CARBONDALE MEMORANDUM OF LEASE KNOW ALL MEN BY THESE PRESENTS: That Charles L. Kelley and Jon L. Rosengren, as Lessor, and Colorado RSA No. 3 Limited Partnership address of which is c/o U S West NewVector Group Inc., 3350 161st Avenue, S.E., P.O. Box 91211, Bellevue, Washington 98009-2211, as Lessee, have entered into a Lease Agreement which includes the following terms: 1. Leased Premises. The Lease Agreement covers a parcel icontainin9 2,400 square feet together with rights of ingress and egress for access and utility services thereto, all as more particularly described in Exhibit 1 (legal description), a copy of which is attached hereto and incorporated herein by this reference. 2'I Term of lelase Agreement and Options to Extend. The initial term of the Agreement is for a five-year period commencing on November 1, 1993, and terminating October 31, 1998 Lessee has options to extend the Lease term for 2 consecutive five- year (5) periods. Lessee may, under certain conditions, elect to further extend the term thereof. 3. Successors and Assigns. The terms, covenants and provisions of the Lease extend to and are binding upon the respective executors, administrators, heirs, successors and assigns of Lessor and Lessee; provided that Lessee's interest thereunder may not be assignedlwithout the'prior written consent of Lessor. 4. Reference to Lease. The full terms and conditions of said Lease are more particularly set forth in the written Lease Agreement between the parties dated August 1, 1993. The within Memorandum of Lease isiintended to provide only record notice of the existence of the Lease Agreement, under which the parties remain bound. Charles L. Kelley, Lessor 1 /(_i 'i.L--. '-'n L. r ocengrar1, Lessor Colorado RSA No. 3 Limited Partnership, a limited partnership (Lessee) By:US West NewVector Group, Tnc., Genual _.,rtner By: (e, -1C. Its: Director of Property, Construction & Development Services /j4S 41.)es)— )114:1.✓ a/c>bN 4.447 7,3 .. 7o- 8 S. Cci.ro.v (/ �rN�Gct..l�0 Gd 4.0 61'0 2— ‘,40 482649 B-951 P-1008 09/01/95 04:11P PG 21 OF 24 • I INDIVIDUAL ACKNOWLEDGMENT State of Colorado ss. County of Garfield B00x0902nc; 452 On this day personally appeared before me CHARLES L. KELLEY and JON L. ROSENGREN to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed'the same as his free and voluntary act and deed, for the uses and purposes therein(mentioned. der my hand and official seal this 0 day of ti Give g94 STATE OF WASHINGTON COUNTY OF KING 0: �i 7 NO ARY I s IF tan• for tti�.�'$ta' e.: . =. of Co .do residing at Glelnwoc�d1 O Spri '-s 0.) Commission Expires: Y g. • PARTNERSHIP ACKNOWLEDGMENT B. On this 2 h day of December, 1993, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Ella L. Cote to me known to be the Director oflIProperty, Construction & Development Services of U S WEST Ne'wVector Group, Inc., the General Partner of Colorado RSA No. 3 Limited Partnership, the partnership th t executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that she is authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC in and for the State of Wash ngto residing at my commissio pares /-30 95 1 482649 B-951 P-1009 09/01/95 04:11P PG 22 OF 24 CO CARB0NDALE-; ' EXHIBIT A GESCRIPT:Cts - _EASE FARCE_ FARCEL CF LAND 5...:ATEO IN A 'F=A-` _ ___CRI3E: c==:CL..7 ::1 NC, --i- .:NG RECCRCEC:1.SOU 52.3 .17 =AGE 139. EE.:.0 - =GRTICN CFi ,-E SCUTHE..ST ONE-LoARTER LF SE:T:ON 34. TOWNSHIP 7 SCUTH. RANGE Ea *EST Cr THE _:x H RING:- =AL NERICI:.N. CUb1T'� OF GARFIELD. STATE Cr- ..CLORAGG'BEING ACRE PARTICULARLY CESCRIBED AS FOLLC..S: C:NHENCING AT THE NCRTHMEST CORNER CF SAID RESOLUTI:.t. FRCH i..ENCE THE $URvEY MONUMENT t- -E TNTERSEC':CN OF FOURTH'ANC MAIN STREETS :h{ITRE TONN OFICARBONDALE BEARS NORTH 66°.:9'13•' *EST A DISTANCE CF 1307.67 FEET; THENCE SOUTH 32.23.09- EAST A DISTANCE OF 135.85 FEET TO THE TRUE PGINT•CF BE0INNIING; THENCE NORTH 64.21'29" EAST A DISTANCE CF 60.00 FEET; THENCE SOUTH 05•35'3Z" EAST A DISTANCE CF 40.00 FEET: THENCE SOUTH 61.21'29" HEST A DISTANCE OF 60.00 FEET; THENCE,NORTH 05.35'32" WEST A C:STANCE CF 40.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 2.400 SQUARE FEET MORE OR LESS. BOOX0902 MF 453 pcky I orC....3 800x0902 I'M 454 482649 B-951 P-1010 09/01/95 04:11P PG 23 OF 24 COJCA BONDAL.E-3 EXHIBIT A -c3.L CESCRIFTI:N - __• INGRESS-ELFESSI 1 u7: -.;Y EASEMENT AN EASEMENT. IC.C3 =SET :N wICTH. CvEA AND .CROSS A v0RTiCN OF - FARCEL CF LAND AS DESCRIBED BY RESOLUTION NO. 78-123 AND RECORDED IN BOOK 520 AT PAGE 199, BEING A PCRTICN CF TI -E SOUTHEAST CNE- CUARTER OF SECTICN 34, TOWNSHIP 7 SOUTH. RANGE 88 WEST AND THE SOUTHWEST ONE-QUARTER OF SECTION 3, TOWNSHIP 8 SOUTH, RANGE 88 WEST CF THE SIXTH PRINCIPAL MERIDIAN. COUNTY CF GARFIELD, STATE CF COLORADO. BEING 10.00 FEET ON EITHER SIDE OF THE FOLLOWING CESCRIB D CENTERLINE: CCMMENCING AT THE SURVEY MONUMENT AT THE INTERSECTION OF FOURTH ANO MAIN STREETS IN THE TOWN OF CARBCNDALE; THENCE NORTH A4°34'59' WEST A DISTANCE OF 3338.75 FEET TO THE TRUE POINT OF BEGINNING: THENCE THE FOLLOWING TWENTY (20) COURSES ALONG THE CENTERLINE OF SAID EASEMENT: 1. THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 117°04'56", A RADIUS OF 68.00 FEET AND AN ARC LENGTH OF 138.98 FEET WHOSE CHORD BEARS NORTH 32.57'20' EAST A DISTANCE OF 116.01 FEET TO A POINT OF TANGENCY: Z. THENCE NORTH 25'34'57' WEST A OISTANCE CF 16.78 FEET TO A POINT OF CURVATURE: 3. THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 13.15'16', A RADIUS OF 869.95 FEET AND AN ARC LENGTH OF 201.25 FEET WHOSE CHORD BEARS NORTH 18°57'19" WEST A DISTANCE CF 200.80 FEET TO A POINT OF TANGENCY; 4. THENCE NORTH 12'19'41" WEST A DISTANCE OF 239.16 FEET TO A POINT OF CURVATURE; 5. THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 11'34'11", A RADIUS OF 429.79 FEET AND AN ARC LENGTH OF 86.79 FEET WHOSE CHORD BEARS NORTH 18'06'46" WEST A DISTANCE OF 86.64 FEET Td A POINT OF CURVATURE: 6. THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 14'03'52". A RADIUS OF 1C39.86 FEET AuO AN ARC LENGTH OF 255.26 FEET WHOSE CHORD BEARS NORTH 30.55'48" WEST A DISTANCE OF 254.81 FEET TO A POINT OF TANGENCY; 7. THENCE NORTH 37'57'13' WEST A DISTANCE OF 53.37 FEET; 8. THENCE NORTH 37.57'52- WEST A DISTANCE OF 255.32 FEET TO A CF CURVAFORE: 9. THENCE ALONG THE ARC OF A CURvE TO THE LEFT HAVING A CENTRAL ANGLE OF 10.09'19", A RADIUS OF 479.41 FEET AND AN ARC LENGTH OF 84.97 FEET WHOSE CHORD BEARS NORTH 43.02'25" WEST A II DISTANCE OF 84.86 FEET TO A POINT OF TANGENCY: 10. THENCE NORTH 48.07'04" WEST A 0ISTANCE OF 149.56 FEET TO A POINT OF CURVATURE: 11. THENCE ALONG THE ARC•OF 4 CURVE TO THE RIGHT HAVING A CENTRAL ANGLE CF 36'13'31', A RADIUS OF 189.00 FEET AND AN ARC LENGTH OF 106.85 FEET WHOSE CHORD BEARS NORTH 30.00'18" WEST A DISTANCE OF 105.08 FEET TO A POINT OF TANGENCY: 12. THENCE NORTH 11.53'33" WEST A DISTANCE OF 139.47 FEET; 13. THS - E NORTH 02'02'18" WEST A DISTANCE OF 84.75 FEET; 14. THENCE NORTH 07.18'16" WEST A DISTANCE OF 58.C9 FEET; 15. THENCE NORTH 04'15'49" EAST A DISTANCE OF 65.80 FEET;' 16. THENCE NORTH 01.52'37" WEST A DISTANCE OF 32.52 FEET: 1:. THENCE NORTH 72.23'53' WEST A DISTANCE OF 114.71 FEET: 78. THENCE NOATH 08.21'47- WEST A DISTANCE CF 86.32 FEET; 79. THENCE NORTH 51.21'47" WEST A DISTANCE OF 24.22 iFEET: 2C THENCE NORTH 05'25'32' WEST A DISTANCE OF 90.74 FEET TO THE Pr`INT OF TERMINUS. FROM *HENCE THE HORTHWEST'CORNER OF THE ABOVE CZICRIBEO LEASE PARCELIBEARS NORTH 84'24123" EAST A DISTANCE CF ;C.30 FEET. °aJe. ao'Y 482649 B-951 P-1011 09/0'/95 04:11P PG 24 OF 24 (O=C.ARBO\'D.aLE- EXHIBIT A liE D "ScttiPT1o►J B00K0902 PAGI 455 Je. 3 of Recorded at..3.f.2.% o'clock ..P.�..M., Apr11...24,.._1967 -.. t e _tiffhi) 535,840 Reception N. 7.7.28...._.. ChaS...S......Ke.egan. THIS DEED, Made this between 20th day of April .19 67 ROGER L. DIXON of the County of Beaufort CdfdW Jrof the first part, and South Carolina and Stats of ORVILLE W. ROS ENGREN and LORRAINE N. ROSENGRI of the County of Kane and State of Calavadtwof the second part: IllinoQis WITNrSSET1I, that tho said party of the first part, for and in consideration of the I ---TEN DOLLARS AND OTHER VALIJABLI �ONS TDERATION ----• N 1 d' and other good and valuable considerations to the sold party of the first part in hand paid by the said parties of the .1 second port, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, Bold and conveyed, •�• and by these presents does grant, bargain, sell, convey and confirm unto the said parties, of second part, their j heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of land, situate, lying and being in the County of Garfield and State ofColorado, to-w.L: All real property, ditch and water rights, improvements thereon and appurtenances described upon Exhibit A attached hereto and by reference made a part hereof. Provided that there is except and reserved a royalty interest, without the right of surface exploration equal to one-half of the oil, gas and other mineral rights, lying'in, upon or under the above described property. I !mr,ttnQ TOGETHER with all and singular the hereditaments and appurtenances thereunto 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 said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO IIOLD the said premise' above bargained and described, with the appurtenances, unto the said parties of the second part, their heir' and assign forever. And the said party of the first part, for himself, his heirs, executors, and adlninistrntors, doe' covenant, grant, bargain and agree to and with the said parties of the second part, their heirs and assigns, that at the time of the ensealing and delivery of these present., he is well seized of the premises above conveyed, as of 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' aforesaid, and that the same are free and clear from all fdrmer and other grants, bargains, 'ilea, liana, taxes, assessments and incumbrances of whatever kind or nature beaver, except taxes for 1967 payable in 1968 to be prorated to this date, except for patent reservations and easements and rights of way now in existence and the above bargained premiaea in the quiet and peaceable possession of the said partici of the accond part, the survivor of them, their assigns and the heirs and assigns of such survivor, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. The singular number shall include the plural, the plural the singular, and the use of any gander shall be applicable to all genders. IN WITNESS WHEREOF the said party of the first part has hereunto eat his band and seal the day and year first above written. nn �e Signed, Sealed and Delivered in the Presence of I ....._.._+L ..... ......... . °'�' '...!.�.�_.t..... rY.....--.[SEAL] ....__. _ V [SEAL] • ....r' 1.1(•i:.. • 41'4.1.'1:.-O: COLORADO, :_ _ i ea. ofnty of Garfield 1 was acknowledged before me this 20th ?:"•. It'u;rER L. DIXON Tfy'CLtdmiibt r;; +i, ea ..;y Commission expires July 25, 1970 I ' 19 . _. . . .. __ .. [SEAL] day of April ,10 67. d these my h and official sea —_..__..... .. J- •..�- - .� Nrrf rr Pubin. No. 921A. WARRANTY DESD.—Ta ),Inl T.n.nla.—Dradford-Rablo.oa PAnLIn. Comp.nr. I.rbte Flout awnd, D . Colorado I. EXHIBIT "A" Book 383 Page 561 ' I Beginning at a point whence the intersection of 'the center lines of Euclid Avenue and Second Street in the Town of Carbondale, Garfield County, Colorado, aforesaid, bears N. 89°57' W. 561.8 feet, thence S. 11°02' E. 283.9 "feet; thence S. 79°34' E. 193.2 feet; thence.S.'37°22' E. 340.7 feet; thence S.39°57' E. 261.7 feet; 7 thence S. 15°39' E. 884.6 feet; thence S. 89°26' E. 82.01 feet; thence N. 67°30' E. 139.2 feet; thence N. 88°21' E. 80.5 feet; thence S. 0°25' W. 310.7 feet; thence S. 0°03' E. 117.0 feet; thence S. 1°11' E. 97.5 feet; thence S.0°40' E. 361.4 feet; thence S. 0°13' W. 686.8 feet; thence S. 0°13' E. 1127.0 feet; thence N. 88°11' E. 345.0 feet; thence N. 50°29' E. 91.0 feet;. thence S. 73°20' E.:255.0. feet; thence S. 85°31' E. 118.0 feet; thence S. 50°40' E. 160.0 feet; thehce N. 87°45' E. 215.0 feet; thence N. 88°22' E. 247.0 feet; thence N. 2°51' E. 433.5 feet; thence N. 2°38' E. 327.8 feet; thence N. 2°36' E. 529.8 feet; thencelS. 85°46' E. 1925.0 feet; thence N. 22°35' W. 229 feet; thence N. 2700.0 feet; thence along the Southerly line of the Denver & Rio Grande Western Railroad right-of-way N. 87°45' W. 350.0 feet; thence 1°00' on a cure to'the right 683 feet; ,thence N. 81°05' W. 2172.00 feet; thence 2°00' on a curve to the right 1149 feet; thence N. 58°20' W. 290.0 feet, to thle end of the said railroad right -cif -way, thence S. 7°16' E. 390 feet, thence S. 9°09' E. 203.9 feet to the point of beginning, contain- ing 306.15 acres, more or less, all in Tp. 7 and 8 S., R. "88 W., 6th P.M., together with any and all ditch and water rights belonging to or used upon such lands, including (but without limitation of the foregoing description) 200 'shares of the capital stock of the East Mesa Water Company, and together with any and all improvements situate upon the said lands or any part thereof. There is also herein and hereby conveyed the following described real estate, situate in said County of Garfield, State of Colorado, to -wit: A11 that portion of Lots 3, 8 and 15 of Section 2 and all that portion of Lot 8, of Section 3, Tp. 8 S., R. 88' W., 6th P.M., not included and embraced in the foregoing description of real estate, together with any and all ditch and water rights belonging to or used upon or in connection therewilth. EXCEPT, any partof the above description contain- ing hands situate within Lot 16, Section 35, Tp. 7 S., R. 88 W., 6th P.A. PROVIDED, That'the warranties and covenants other- wise running from grantor to grantee are not applicable and do not run to any of the above-described lands which may be situate in Lot 17, Section 3,, Tp. 9 S., R. 88 W., 6th P.M., hots 11, 14 and 16, Section 2, Tp. a b,, R. 88 W., 6th P.M. 1• 1 Book 383 Page 562 conveys hereby Also/a tract of land'situated in Lots 16 and 20, I Section 34, Tp. 7 S., R. 88 W , of the 6th P.M described as follows: Beginning at a point whence the S' Corner of said Section 34 begs S 844.34 feet and W. 859.33 feet;' thence • S. 79° 4' E. 193.20 feet; thence S.37022' E. 340.70 feet; thence S. 39°57' E. 261.70 feet; thence S. 16°39' E. 345.55 feet; thence N. 33°34' W. 84.38 feet; thence IN. 35°53' W. 154.69 feet; thence N. 49°01' W. 423.01 feet; thence N. 31°03' W. 412.69 feet; thence N. 42°40' E. 17.04 feet to the point of beginning, containing 3.06 acres, more or less i , conveys hereby Also/a tract of land situated in Lots 1 and 7, Section 3, Tp. 8 S., R. 88 W. of the 6th P.M., described as follows: Beginning at a point whence the N; Corner of said Section 3 bears N. 514.56 feet and W. 1733.44 feet; thence S. 19°19' E. 264.98 feet; thence S. 8°06' E. 295.45 feet; thence S. 55°34' E. 124.66 feet; thence N. 0°40' W.' 96.16 feet; thence N. 1°11' W. 97.50 feet; thence N. 0°63' W. 117.00.feet; thence N. 0°25' E. 310.70 feet; thence S. 88°21' W. 80.50 feet; thence S. 87°30' W. 139.20 feet; thence N. 89°26' W. 11.55 feet to the point of ' beginning, containing 1.99 acres, more or less. EXCEPT, a tract of land situated in. Lot 20, Section 34, Tp. 7 S., R. 88 W.lof the 6th P.M., and Lot 1, Section 3, Tp. 8 S., R. 88 W. of the 6th P.M., described as follows: 1 Beginning ata point whence the Quarter Corner common to. said Sections 34 and 3 bears South 5.20 feet and West 1517.56 feet; thencei,S. 15°39' E. 539.05 feet; thence S. 89°26' E. 70.46 feet; thence N. 19°19' W. 215.53 feet; thence N. 21°51' W. 177.88 feet; thence N. 20°37' W. 81.47 feet; thence N. 33°341 W. 90.02 feet t� the point of beginning, contai ing 0.55 of an acre, more or less. r ct of land situated Also, EXCEPT a in Lot 16, Section 34, Tp. 7 S., R. 88 W. of the 6th P.M: described as follows: • Beginning at a point whence the intersection of the center lines of Second StreetlIand EuclidiAvenue in the Town'ef Carbondale, Colorado, bears N. 89°57' W. 561.8 feet; thence S. 89057' E. 200.00 feet; thence S. 8°03' E. 316.59 feet; thence S. 1°58' E. 24.05 feet; .thence) N. 89°57' W. 155.36 feet; then6e N. 31°b3; W. 68.79 feet:' thence 'N. 11°02' W. 283.90 feet to the point of beginning containing 1.46 acres more or•less. 1 - 2 Book 383 .. Also, EXCEPTING two tracts of land situate in LotPa gleeo,563 Section 34, Tp. 7 S., R. 88 W., 6th P.M. described as follows: Beginning at a point whence the intersection of the center lines of Second Street and Euclid Avenue in the Town of Carbondale, Colorado, bears N. 89°57' W. 561.80 feet; thence N. 09°09' W. 203.90 feet; thence N. 07°16' W. 390.0 feet; thence S: 62°24' E. 85.40 feet; thence S. 04°49' E. 550.59 feet; thence N. 89°57' E. 39.99 feet to the point of beginning, containing 0.76 acres, more or less. Also, EXCEPT a tract described as follows: Beginning at a point whence an iron post with a brass' cap marked for WitnesslQuarter Corner between said Section 34, Tp. 7 S., A. 88 W., 6th P.M., and Section 3, Tp. 8 S., R. 88 W., 6th P.M. (set by the County .Surveyor of Garfield County, Colorado), bears S.47°14' W. 1135.22 feet, and the survey monument at the intersection of Fourth Street and Euclid Avenue in the Town of Carbondale,, Colorado; bears N. 75°24'16"•W. 1403.49 feet; thence S.89°57' E. 23.30 feet; thence S.00°03' W. 24.62 feet; •thence N. 43°22'30" W. 33.90 feet to the point of beginning, containing 0.007 Acres, more or less. Also, EXCEPT a tract of land situate in the NW; of Section 2, Tp. 8 S., R. 88 W. of t}ie 6th P.M., described as follows: ;beginning at a point whence the Witness Corner -Quarter Corner• on the North side of Section 2, Tp. 8 S., R. 88 W. bears N. 31°56' E. 2471.3 feet; thence•N. 80°0' E. 47.50 feet; thence N. 2°44' W. 2,14.40 feet; thence S. 80°0' W. 475.50 feel; thence S. 2°44' E. 214.40 feet to the point of becinning, containing 2.32 acres, more or less, together with the right of travel over ands across a roadway now•located and constructed for ingress and egress, which conveyance includes the 'old cemetery site and lands situate west of the old cemetery site donated for cemetery purposes. All ast described in Doc'ument•No. 77315 recorded in Book 125 at Page 292 of the Office of the Clerk and Recorder, Garfield County, Colorado. Also, EXCEPT a parcel of land situate in Lot 17, Section 35, Tp. 7 S., R. 88 W., 6th P.M., situated south of and parallel- ling the D.& R.G.W.R.R. right-of-way, more particularly des- cribed as follows: ' - 3 - Book 1383 Page 564 From the Witness Quarter Corner located and in place on the north -south line between Lots 11 and 12, Section 35, ,Tp. 7 S., R.. 88 W., 6th P.M., thence west 2112.5'feet, thenge north to the south line of the D. & R.G.W.R.R. right-of-way to the point oflbeginning, thence southerly 150 Leet at a right angle to the south line of said D. & R. G.W.R.R. right-of- way; thence easterly approximately 1300 feet more or less; on a curve to the left and parallel to the south line of said D. & R.G.W.R.R. right- of-way 150 feet therefrom to the east lire of said Lot 17, the east line of said Lot 17 being 812.46 feet west of the said Witness Quarter Corner; thence north along the east line of said Lot 17 to the south line of said D. & R.G.W.R.R. right-of-way; thence westerly and on a curve to the right along and upon the south right-of-way line of the D. & R.G.W.R.R.to the point of beginning,' said parcel contains 4.48 acres of land, more or less. . There is conveyed hereby the easement reserved by grantor from conveyance to Mid -Continent Coal & Coke Company for roadway purposes and use ovef land acrosls the westerly end of the above described ttact not exceeding 35 feet in ' width, along the course of the roadway as now located. I 482645 B-951 P-973 09/01/95 03: PG 1 OF 7 REC DOC MILDRED ALSDORF GARFIELD COUNTY EflK AND RECORDER 36.00 The prinva pnrlinns a ;his form aovrn,ed hr the ('nh.radn Mal E.slate Cornmisainn al/ 7211-1111 IF TRIS FORM IS USED IN A CONSUMER CREDIT TRANSACTION, CONSULT LEGAL COUNSEL. THIS IS A LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. DEED OF TRUST (Due on Transfer — Strict) THIS DEED OF TRUST is made this 31St d sy of Aueus t 19 25_ between DARLYNE M. WOODWARD and MARTHA G. COLLISON (Borrower). whose address is 0356 County Road 101. Carbondale. Colorado 81623 and the Public Trustee of the County in which the Property (see paragraph I) is situated (Trustee); for the benefit of CHARLES L. KELLEY, LOUISE KELLEY, JON L. ROSENGREN and CONNIE ROSENGREN (Lender). whose address is P.O. Box 488, Carbondale, Colorado 81623 Borrower and Lender covenant and agree as follows: I. Property in Trust. Borrower. in consideration of the indebtedness herein recited and the trust herein created. hereby grants and conveys to Trustee in trust. with power of sale. the following described property located in the County of Garfield State of Colorado: See Exhibit "A" attached hereto and incorporated herein by this reference which has the address of 0156 County Road 101 Car P Color•tdo 81 691 Ica, I (Property Address). together with all its appurtenances (Property). 2. Note; Other Obligations Secured. This Deed of Trust is given to secure to Lender: A. the repayment of the indebtedness evidenced by Borrower's note (Note) dated August 31 I principal sum of FOUR HUNDRED THOUSAND and no/100 ($400.000) U.S. Dollars. with interest on the unpaid principal balance from August 31 rate of ten (10%) percent per annum, with principal and interest payable se by mail at P.O. Box 488, Carbondale, Colorado 81623 or such other place as the Lender may designate. in equal monthly payments of Three Thousand Eight Hundred Sixty and 10/100 Dollars IU S $ 3.860.10 )due on the 1St day of each month beginning October 1 19 3.5— ' such payments to continue until the entire indebtedness evidenced by said Note is fully paid; however. if not sooner paid. the entire principal amount outstanding and accrued interest thereon, shall be due and payable on September 1 mic2000; PROVIDED THAT, one-half of the regular monthly payment ($1,930.05) shall be payable directly to Charles L. Kelley and Louise 41 Kelley and the remaining one-half ($1,930.05) shall be payable directly to - Jon L. Rosengren and Connie Rosengren, it being understood and agreed that the Kelleys own an undivided one-half interest in said Note, as joint tenants, and Izip Code) 1995 in the 19 95 until paid. at the the Rosengrens own the remaining undivided one-half interest as joint tenants. and Borrower is to pay to Lender a late charge of 5 % of any payment not received by the Lender within ten (10) days after payment is due:,ttmtilxtxoffxximxt C1>aX ix lxsther xikkiliotxxxxkvdxxxix Itxmattitm cheep xxsitixxamt Prepayment shall not be permitted with- out the prior written consent of the holders of said Note. B. the payment of all other sums. with interest thereon at 18 in accordance with this Deed of Trust to protect the security of this Deed of Trust: C. the performance of the covenants and agreements of Borrower herein contained 3. Title. Borrower covenants that Borrower owns and has the right to grant and subject to general real estate taxes for the current year. easements of record or in reservations and covenants, if any, as of this date and except See Exhibit ' incorporated herein by this reference. and per annum. disbursed by Lender • convey the Property. and warrants title to the same• existence. and recorded declarations. restrictions, 'B" attached hereto and 4. Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Note and late charges as provided in the Note and shall perform all of Borrowers other covenants contained In the Note. 5. Application of Payments. A a .er-unde-r-rhe terms-hereoLshall-.ae-applied by 1 endet-firsLin-payment of amounts due pursuant to paragraph 23 (Escrow Funds for Taxes and Insurance), then to amounts disbursed by Lender pursuant to paragraph 9 (Protection of Lender's Security), and the balance in accordance with the terms and conditions of the Note. No. TD 72.11-83. DF:F.D OF TRUST tour nn -Minster — Skirl) Bradford Publishing. 1703 wase, Si.. Dena THE REAL ESTATE CORNER 0985 Highway 133 Carbondale, CO 81623 F7.- 48264 8-951 P-974 09/01/95 03:55P PG 2 C 6. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any prior deed of trust and any other prior liens. Borrower shall pay all taxes, assessments and other charges, fines and impositions attributable to the Property which may have or attain a priority over this_ Deed of Trust, and leasehold payments or ground rents, if any, in the manner set out in paragraph 23 (Escrow Funds for Taxes and Insurance) or, if not required to be paid in such manner, by Borrower making payment when due, directly to the payee thereof. Despite the foregoing, Borrower shall not be required to make payments otherwise required by this paragraph if Borrower, after notice to Lender, shall in good faith contest such obligation by, or defend enforcement of such obligation in, legal proceedings which operate to prevent the enforcement of the obligation or forfeiture of the Property or any part thereof, only upon Borrower making all such contested payments and other payments as ordered by the court to the registry of the court in which such proceedings are filed. 7. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by tire or hazards included within the term "extended coverage' in an amount at least equal to the lesser of (I) the insurable value of the Property or (2) an amount sufficient to pay the sums secured by this Deed of Trust as well as any prior encumbrances on the Property. All of the foregoing shall be known as "Property Insurance". The insurance carrier providing the insurance shall be qualified to write Property Insurance in Colorado and shall be chosen by Borrower subject to Lender's right to reject the chosen carrier for reasonable cause. All insurance policies and renewals thereof shall include a standard mortgage clause in favor of Lender, and shall provide that the insurance carrier shall notify Lender at least ten (10) days before cancellation, termination or any material change of coverage. Insurance policies shall be furnished to Lender at or before closing. Lender shall have the right to hold the policies and renewals thereof. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Insurance proceeds shall be applied to restoration or repair of the Property damaged, provided such restoration or repair is economically feasible and the security of this Deed of Trust is nut thereby impaired. If such restoration or repair is not economically feasible or if the security of this Deed of Trust would be impaired, the insurance proceeds shall be applied to the sums secured by this Deed of Trust, with the excess, if any, paid to Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to i Lender within 30 days from the date notice is given in accordance with paragraph 16 (Notice) by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust. I Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in paragraphs 4 I' (Payment of Principal and Interest) and 23 (Escrow Funds for Taxes and Insurance) or change the amount of such installments. Notwithstanding anything herein to the contrary, if under paragraph 18 (Acceleration; Foreclosure; Other Remedies) the Property is acquired by Lender, all right, title and interest of Borrower in and to any insurance policies and in and to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition shall pass to Lender to the extent ot'the sums secured by this Deed of Trust immediately prior to such sale or acquisition. All of the rights of Borrower and Lender hereunder with respect to insurance carriers, insurance policies and insurance proceeds are subject to the rights of any holder of a prior deed of trust with respect to said insurance carriers, policies and proceeds. 8. Preservation and Maintenance of Property. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. Borrower shall perform all of Borrower's obligations under any declarations, covenants, by-laws, rules, or other documents governing the use, ownership or occupancy of the Property. 9. Protection of Lender's Security. Except when Borrower has exercised Borrower's rights under paragraph 6 above, if the Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if a default occurs in a prior lien, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, with notice to Borrower if required by law, may make such appearances, disburse such sums and take such action as is necessary to protect Lender's interest, including, but not limited to, disbursement of reasonable attorney's fees and entry upon the Property to make repairs. Borrower hereby assigns to Lender any right Borrower may have by reason of any prior encumbrance on the Property or by law or otherwise to cure any default under said prior encumbrance. Any amounts disbursed by Lender pursuant to this paragraph 9, with interest thereon, shall become additional indebtedness of Borrower secured by this Deed of Trust. Such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and Lender may bring suit to collect any amounts so disbursed plus interest specified in paragraph 2B (Note; Other Obligations Secured). Nothing contained in this paragraph 9 shall require Lender to incur any expense or take any action hereunder. provided that 10. Inspection. Lender may make or cause to be made reasonable entries upon and inspection of the Property, p Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. II. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any con- demnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender as herein provided. However, all of the rights of Borrower and Lender hereunder with respect to such proceeds are subject to the rights of any holder of a prior deed of trust. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust, with the excess, if any, paid to Borrower. In the event of a partial taking of the Property, the proceeds remaining after taking out any part of the award due any prior lien holder (net award) shall be divided between Lender and Borrower, in the same ratio as the amount of the sums secured by this Deed of Trust immediately prior to the date of taking bears to Borrower's equity in the Property immediately prior to the date of taking. Borrower's equity in the Property means the fair market value of the Property less the amount of suras secured by both this Deed of Trust and all prior liens (except taxes) that are to receive any of the award, all at the value immediately prior to the date of taking. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle aclaim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is given, Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust. Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in paragraphs 4 (Payment of Principal and Interest) and 23 (Escrow Funds for Taxes and Insurance) nor change the amount of such installments. 12. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower, nor Borrower's successors in interest, from the original terms of this Deed of Trust. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower nor Borrower's successors in interest. 13. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by law, shall not be a waiver or preclude the exercise of any such right or remedy. 14. Remedies Cumulative. Each remedy provided in the Note and this Deed of Trust is distinct from and cumulative to all other rights or remedies under the Note and this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively. 15. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 24 (Transfer of the Property; Assumption). All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs in this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. 16. Notice. Except for any notice required by law to be given in another manner, (a) any notice to Borrower provided for in this Deed of Trust shall be in writing and shall be given and be effective upon (1) delivery to Borrower or (2) mailing such notice by first-class U.S. mail, addressed to Borrower at Borrower's address stated herein or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be in writing and shall be given and be effective upon (1) delivery to Lender or (2) mailing such notice by first-class U.S. mail, to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in any manner designated herein. 17. Governing Law; Severability. The Note and this Deed of Trust shall be governed by the taw of Colorado. to the event that any hre-N provision or clause of this Deed of Ti ust ocote-Note-wtth-tho-law sac-h-G°nflint-shall-no Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and Note are declared to be severable. J 48264. B-951 P-975 09/01/95 03:55P PG 3 0 18. Acceleration: Foreclosure; Other Remedies. Except as provided in paragraph 24 (Transfer of the Property; Assumption). upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, or upon any default in a prior lien upon the Property, (unless Borrower has exercised Borrower's rights under paragraph 6 above). al Lender's option. all of the sums secured by this Deed of Trust shall be immediately due and payable (Acceleration). To exercise this option. Lender may invoke the pwsser of sale and any other remedies permitted by law. Lender shall he entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Deed of Trust. including. but not limited to. reasonable auorne}'s tees. If Lender invokes the power of sale. Lender shall give written notice to Trustee of such election. Trustee shall give such notice to Borrower of Borrower's rights as is provided by law. Trustee shall record a copy of such notice as required by law. Trustee shall advertise the time and place of the sale of the Property, for not less than four weeks in a newspaper of general circulation in each county in which the Property is situated, and shall mail copies of such notice of sate to Borrower and other persons as prescribed by law. After the lapse of such time as may be required by law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place (which may be on the Property or any part thereof as permitted by law) in one or more parcel as Trustee may think best and in such order as Trustee may determine. Lender or Lender's designee may purchase the Property at any sale. 1t shall not be obligatory upon the purchaser at any such sale to see to the application of the purchase money. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorney's fees and costs 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 thereto. 19. Borrower's Right to Cure Default. Whenever foreclosure is commenced for nonpayment of any sums due hereunder, the owners of the Property or parties liable hereon shall be entitled to cure said defaults by paying all delinquent principal and interest payments due as of the date of cure, costs, expenses, tate charges, attorney's fees and other fees all in the manner provided by law. Upon such payment, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as though no Acceleration had occurred, and the foreclosure proceedings shall be discontinued. 20. Assignment of Rents; Appointment of Receiver, Lender in Possession. As additional security hereunder. Borrower hereby assigns to Lender the rents of the Property; however, Borrower shall, prior to Acceleration under paragraph 18 (Acceleration; Foreclosure; Other Remedies) or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Lender or the holder of the Trustee's certificate of purchase shall be entitled to a receiver for the Property after Acceleration under paragraph 18 (Acceleration; Foreclosure; Other Remedies), and shall also be so entitled during the time covered by foreclosure proceedings and the period of redemption. if any; and shall be entitled thereto as a matter of right without regard to the solvency or insolvency of Borrower or of the then owner of the Property, and without regard to the value thereof. Such receiver may he appointed by any Coon of competent jurisdiction upon ex parte application and without notice — notice being hereby expressly waived. Upon Acceleration under paragraph 18 (Acceleration; Foreclosure; Other Remedies) or abandonment of the Property, Lender, in person, by agent or by judicially -appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied. first, to payment of the costs of preservation and management of the Property, second, to payments duc upon prior liens, and then to the sums secured by this Deed of Trust. Lender and the receiver shall be liable to account only for those rents actually received. t . 21. Release. Upon payment of all sums secured by this Deed of Trust. Lender shall cause Trustee to release this Deed of Trust and shall produce tier Trustee the Note. Borrower shall pay all costs of recordation and shall pay the statutory Trustee's fees. If Lender shall not produce the Note as aforesaid. then Lender. upon notice in accordance with paragraph 16 (Notice) from Borrower to Lender. shall obtain, at Lender's expense. and file any lost instrument bond required by Trustee or pay the cost thereof to effect the release of this Deed of Trust. . 22. Waiver of Exemptions. Borrower hereby waives all right of homestead and any other exemption in the Property under state or federal law presently existing or hereafter enacted. 2 to a prior encumbrance. Subject to applicable law, Borrower shall pay to Lender,on each day installments of principal and payable under the Note, until the Note is paid in full. a sum (herein referred to as "Funds") equal to 1 are of the yearly taxes and assessments which may attain priority over this Deed of Trust plus of yearly premium installments for Property insurance, all as reasonably estimated initially and from time to time by L • : on the basis of assessments and bills and reasonable estimates thereof, taking into account any excess Funds not used or s ges. The principal of the Funds shall be held in a separate account by the Lender in t or the benefit of the Borrower and deposited in an institution the deposits or accounts of which are insured or guaranteed by a - a or state agency. Lender shall apply the Funds to pay said taxes, assessments and insurance premiums. Lender may not cha . r so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills. Lenders. oT be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annu ounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. T • nds are pledged as additional security for the sums secured by this Deed of Trust. If the amount of the Funds held by . r shall not be sufficient to pay taxes, assessments and insurance premiums as they fall due, Borrower shall pay to Lender an . nt necessary to make up the deficiency within 30 days from the date notice is given in accordance with paragraph 16 (Notic • • ender to Borrower requesting payment thereof Upon payme ' u 1 of all sums secured by this Deed of Trust, Lender shall simultaneously refund to Borrower any Funds held by Lender. If u • paragraph 18 (Acceleration; Foreclosure; Other Remedies) the Property is sold or the Property is otherwise acquired by Len. - ender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, whichever occurs first, y iueds held by Lender et the time of appli ation as r credit ageia.a the .+gens seems -d h tl.is De J of T, tet. 24. Transfer of the Property; Assumption. The following events shall be referred to herein as a "Transfer: (i) a transfer or conveyance of title (or any portion thereof, legal or equitable) of the Property tor any part thereof or interest therein), (ii) the execution of a contract or agreement creating a right to title (or any portion thereof, legal or equitable) in the Property for any part thereof or interest therein), (iii) or an agreement granting a possessory right in the Property (or any portion thereof), in excess of three (3) years. (iv) a sale or transfer of, or the execution of a contract or agreement creating a right to acquire or receive. more than fifty percent (50rk ) of the controlling interest or marc than fifty percent (50rk) of the beneficial interest in the Borrower. (v) the reorganization. liquidation or dissolution of the Borrower. Not to be included as a Transfer are (1) the creation of a lien or encumbrance subordinate to this Deed of Trust, ( ii) the creation of a purchase stoney security interest for household appliances. or ( Oita transfer by devise. descent or by operation of the law upon the death of a joint Tenant. At the election of Lender. in the event of each and every Transfer: (a) All sums secured by this Deed of Trust shall become immediately due and payable (Acceleration). (b) If a Transfer occurs and should Lender not exercise Lender's option pursuant to this paragraph 24 to Accelerate. Transferee shall be deemed to have assumed all of the obligations of Borrower under this Deed of Trust including all sums secured hereby whether or not the instrument evidencing such conveyance, contract or grant expressly so provides. This covenant shall run with the Property and remain in full force and effect until said sums are paid in full. The Lender may without notice to the Borrower deal with Transferee in the same manner as with the Borrower with reference to said sums including the payment or credit to Transferee of undisbursed reserve Funds on payment in full of said sums, without in any way altering or discharging the Borrower's liability hereunder for the obligations hereby secured. (c) Should Lender not elect to Accelerate upon the occurrence of such Transfer then, subject to (b) above, the mere fact of a lapse of time or the acceptance of payment subsequent to any of such events. whether or not Lender had actual or constructive notice of such Transfer, shall not be deemed a waiver of Lender's right to make such election nor shall Lender be estopped therefrom by vinue thereof. The issuance on behalf of the Lender of a routine statement showing the status of the loan, whether or not Lender had actual or constructive notice of such Transfer, shall not be a waiver or estoppel of Lender's said rights. 25. Borrower's Copy. Borrower acknowledges receipt of a copy of the Note and this Deed of Trust. Continued on reverse side. 482645 ,-951 P-976 09/01/95 03:55P PG 4 OF IF ORRb\ER IS NATURAL PERSONIs): 7 /27 L. arlyne . Woodward LJ EXECUTED BY BORROWER. IF BORROWER IS CORPORATION: ATTEST: Sertetary (SEAL) IF BORROWER IS PARTNERSHIP: STATE OF COLORADO COUNTY OF Garfield Piarth olliso g,y,,,jn-Fact Gi y, Dar'lyne , Woodward, by Nanu u1 l ory,uuwm Pre.W.nt by Name of Partnership ss. A General rumor The foregoing instrument was acknowledged before me this 31st day of August 19 95 by' DARLYNE M. WOODWARD/Aa5d MARTHA G. COLLISON 1 YV{mess my hand and official sea . `�`.• "N1ycAmtmssion expires C U L -• � ` V ...... •>� . il..� of .ocn wni 1. 5 a corporation town. for aample. " hAn Due a. Ihe.nkm and l.nc lha a. Seem u1 INte S Co.. a Conrab corprtarn pa narural pr un ur p aurop imen the m per pancenhip. imcn. lur c,ampk. "Sam Small a general pincer .n a.rJ wr South S South. a general pananNp" f} Li ID/ Pctoi (�QR5 i�un{. i33M1,C'r (4'16:1_P ong tai o this instrument was filed for record I hereby certify Ih: i recorded in book 0 E Ckr1 nd Recorder m 482645 B-951 P-977 09/01/95 03:55P PG 5 QF 7 EXHIBIT "A" The land referred to in this Commitment is described as follows: A TRACT OF LAND SITUATED IN LOTS 16, 17, 19 AND 20 OF SECTION 34, TOWNSHIP 7 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, ALSO SITUATED IN LOTS 1 AND 7 IN SECTION 3, TOWNSHIP 8 SOUTH, RANGE 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, LYING SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY LINE OF THE DENVER AND RIO GRANDE WESTERN RAILROAD,. (ASPEN BRANCH) DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE INTERSECTION OF THE CENTER LINES OF EUCLID AVENUE AND 2ND STREET IN THE TOWN OF CARBONDALE, GARFIELD COUNTY, COLORADO, BEARS N. 89 DEGREES 57' 00" W. 601.79 FEET; THENCE N. 04 DEGREES 49' 00' W. 543.06 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF SAID RAILROAD; THENCE S. 58 DEGREES 20' 00" E. 200.34 FEET ALONG SOUTHERLY RIGHT OF WAY LINE OF SAID RAILROAD; THENCE 1137.58 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING RADIUS OF 2865.00 FEET, THE CHORD OF WHICH BEARS S. 69 JEGREES 42' 30" E. 1130.00 FEET, THENCE S. 81 DEGREES 05' 00" E. 71.86 FEET ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID RAILROAD; THENCE S. 12 DEGREES 33' 24" E. 763.90 FEET; THENCE S. 63 DEGREES 10' 34" W. 579.82 FEET; THENCE S. 23 DEGREES 34' 04" E. 455.11 FEET; THENCE S. 01 DEGREES 25' 35" W. 369.47 FEET; THENCE S. 60 DEGREES 59' 02" W. 74.75 FEET; THENCE N. 26 DEGREES 08' 00" W. 123.62 FEET; THENCE 236.35 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 1065.88 FEET; THE CHORD OF WHICH BEARS N. 19 DEGREES 46' 52" W. 235.86 FEET; THENCE 904.55 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 1296.16 FEET, THE CHORD OF WHICH BEARS N. 33 DEGREES 25' 16" W. 886.31 FEET; THENCE N. 53 DEGREES 24' 49" W. 80.54 THENCE 176.58 FEET ALONG THE ARC OF A A RADIUS OF 472.56 FEET, THE CHORD OF 42' 33" W. THENCE N. THENCE S. THENCE N. THENCE N. 175.55 FEET; 32 DEGREES 00' 89 DEGREES 57' 01 DEGREES 58' 08 DEGREES 03' THENCE N. 89 DEGREES 57' .'OGETHER WITH THE RIGHT OF INGRESS AND EGRESS OVER AND ACROSS THE NOW EXISTING ROAD TO CARBONDALE. 17" 00" 00" 00" 00" W. E. W. W. W. FEET; CURVE TO THE RIGHT HAVING WHICH BEARS N. 42 DEGREES 247.55 FEET; 130.60 FEET; 24.05 FEET; 316.59 FEET; 160.01 FEET TO THE POINT OF >AGE 1 -02645 B-951 P-978 09/01/95 03:55P PG 6 OF 7 EXCEPT A PARCEL OF LAND SITUATED IN LOTS 16 AND 20 OF SECTION 34, TOWNSHIP 7 S., R. 88 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO, LYING SOUTHWESTERLY OF A FENCE AS CONSTRUCTED AND IN PLACE AND NORTHEASTERLY OF THE NORTHEASTERLY LINE OF A PRIVATE ROAD -WAY, SAID PARCEL OF LAND IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHEASTERLY LINE OF WHENCE THE SURVEY MONUMENT AT THE INTERSECTION OF AND MAIN STREET IN THE TOWN OF CARBONDALE, COUNTY STATE OF COLORADO BEARS: N. 57 DEGREES 38' 28" W FEET; THENCE N. 52 DEGREES 38' 00"'E. 210.17 THENCE S. 31 DEGREES 41' 00'.E. 170.00 THENCE S. 58 DEGREES 32' 00" W. 166.37 NORTHEASTERLY LINE OF SAID ROAD; THENCE ALONG THE NORTHEASTERLY LINE OF SAID ROAD N. 42 25' 00" W. 19.47 FEET; THENCE N. 45 DEGREES 51' 00" W. 52.05 FEET; THENCE N. 49 DEGREES 15' 00" W. 81.20 FEET; THENCE N. 38 DEGREES 52' 00" W. 23.34 FEET TO THE POINT OF 3EGINNING AS DESCRIBED IN DOCUMENT NO. 272781 IN BOOK 485 AT PAGE 479. SAID ROAD -WAY FOURTH STREET OF GARFIELD, . 2100.45 FEET; FEET ALONG SAID FEET TO A POINT FENCE; ON THE DEGREES TOGETHER WITH all Borrower's right, title and interest in and under that certain Option and Lease Agreement dated August 1, 1993, with Colorado RSA No. 3 Limited Partnership and the Memorandum of Lease in respect thereto recorded in Reception No. 463149 of the Garfield County, Colorado records; AND TOGETHER WITH all water and water rights used upon or in connection with the property above described, including without limitation all of the Borrower's right, title and interest, as successor in interest to the rights of J. Circle R. Ranch, Inc., in and under that certain Agreement for Use of Water dated May 1, 1969, between John F. Nieslanik, Jr., Paul R. Nieslanik and Robert R. Nieslanik, d/b/a/ Nieslanik Brothers, and J. Circle R. Ranch, Inc. (Said water and water rights are conveyed without warranties of title or otherwise.) COUNTY OF GARFIELD STATE OF COLORADO PAGE 2 482645 B-951 P-979 09/01/95 03:55P PG 7 OF 7 EXHIBIT "B" (title exceptions) Governmental rules and regulations; U.S. patent reservations and exceptions; easements and rights of way of record or apparent and in place; prior reservation of royalty interest as contained in instrument recorded as Reception No. 237728; terms and conditions of Garfield County Commissioners Resolution No. 78-123, recorded in Book 520 at Page 199; terms and conditions of Option and Lease Agreement dated August 1, 1993 and Memorandum of Lease in respect thereto, recorded in Book 902 at Page 451, as Reception No. 463149; and general property taxes for the year 1995 and all subsequent years. (All references to Book, Page or Reception No. apply to the records of the Garfield County Clerk and Recorder.) 0 0 U• M N f� o [[rte The date of execution of the Option to Lease and Site Lease Agreement (Lease) was the 1st of August, 1996. The initial term of the Lease is for a five year period commencing on the date the Option is exercised by Tenant. Tenant shall have the right a to extend this Lease for five (5) additional five (5) year terms. c‘i Landlord and Tenant by this Memorandum of Lease intend to record a reference to the Lease and do hereby ratify and confirm all the terms and conditions of the Lease and do rn 8 hereby declare that the described Premises is subject to all of the applicable provisions contained in the Lease. N c o w�¢ memor--.;u.lm this 1'r day of c r- 2 rn (11 After recording please return to: AT&T Wireless Services 1001 16th Street, Suite C-1 Denver, Colorado 80265 Attn.: Denise Dillinger MEMORANDUM OF OPTION TO LEASE AND SITE LEASE AGREEMENT BETWEEN Darlyne M. Woodward and , Martha G. Collison ("Landlord") and AT&T Wireless Services of Colorado, Inc. ("Tenant") was made regarding the following premises: Carbondale Cell Site 0356 101 Road Garfield County Carbondale, Colorado IN WITNESS WHEREOF, the partses hereto have respectively executed this , 1996. D :rlyne 14 dward _ Martha G. ollison AT&T Wireless Services of Colorado, Inc. Oa-x:+L2rc /7 704Pti By: Sandra P. Heller Its: System Development Manager (for AT&T Wireless Services of Colorado, Inc. a Delaware Corporation) 1 311' STATE OF (DAO\- ft \n COUNTY OF@iR ,� ss: On this 1 Q day of c4.4_10 0, -„b , 1996, before me personally appeared MARIA �1� M. 1,C)0()itniARa - known to me to be the individual described herein, who executed the within and foregoing instrument, and acknowledged that •}-1r- , signed the same as a free and voluntary act and deed for the purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official se& the day and year first above written. STATE OF ate hat -10 COUNTY OF(g1 A N TARY PUBLIC • V• My commission expires SS: • , On this 1,g day of , 1996, before me personally appeared LinPR4.hf* Q• n Oal&Or\ known to me to be the individual described herein, who executed the within and foregoing instrument, and acknowledged that , signed the same as a free and voluntary act and deed for the purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written: STATE OF (;d-Q,d-21.t0.e.) ) COUNTY OF `e/1- ) N ARY PUBLIC My commission expire ss: o On this !'5 day of dr. , 1996, before me personally appeared Sandra P. Heller, known to me to be the S tem Development Manager of AT&T Wireless Services, the_ co corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that she was authorized t5—execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC U My commission expires: 7- 2 - 2 500234 B-997 P-575 10/25/1996 03:35P PG 1 OF 3 REC DOC NOT MILDRED ALSDORF GARFIELD COUNTY CLERK AND RECORDER 16.00 After recording please return to: AT&T Wireless Services 1001 16th Street, Suite C-1 Denver, Colorado 80265 Attn.: Denise Di!linger NOTICE OF EXERCISE OF OPTION On August 1st, 1996, AT&T Wireless Services of Colorado, Inc., as Tenant and Darlyne M. Woodward and Martha G. Collison ("Landlord"), entered into an Option to Lease and Site Lease Agreement of which a Memorandum dated August 18, 1996, was recorded September 25, 1996, under Reception No. 498790, B-993, P-371 in the records of Garfield County, State of Colorado. The Option to Lease and Site Lease Agreement concerns the property described on Exhibit A which is attached hereto and incorporated herein by this reference. • On October 1, 1996, the Option to Lease and Site Lease Agreement was exercised and the Tenant, AT&T Wireless Services of Colorado, Inc., became Tenant of the property under the terms and conditions specified in the Option to Lease and Rooftop Lease Agreement. AT&T Wireless Services of Colorado, Inc. By: Sandra P. Heller Its: System Development Manager (for and on behalf of AT&T Wireless Services, a Delaware Corporation ) 500234 B-997 P-576 10/25/1996 03:35P PG 2 OF 3 STATE OF COLORADO ) ss: County of Denver) On this 23 day of 616 7 — , 1996, before me personally appeared Sandra P. Heller, known to me to be the System Development Manager of AT&T Wireless Services of Colorado, Inc., the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument and that the seal affixed thereto, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Li NOTARY PUBLIC My commission expires: Feb. 7, 1998. "' 5V,z34 B-997 P-577 10/25/1996 03:35P PG 3 nF EXHIBIT A The premises, located at 0356 101 Road, Garfield County, Carbondale, Colorado, comprises approximately 1,200 square feet.