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HomeMy WebLinkAbout15.0 Correspondence & ConditionsGarfield County To: Michael Langhorne - Bookcliff Survey, Inc. From: Scott Aibner — Garfield County Surveyor Subject: Plat Review — Lot 1, Boruch Exemption Exemption Date: 07/21/2017 Michael, SURVEYOR SCOTT AIBNER, P.L.S Upon review of the Lot 1, Boruch Exemption Plat, I have no comments or corrections to be made prior to approval for survey content and form. Once all final comments from Community Development have been completed, the Mylar may be prepared for recording. The Mylar shall be delivered to the Community Development office with all private party signatures no later than Monday the week prior to the next commissioner meeting day in order to make that meeting. Sincerely, Scott Aibner Garfield County Surveyor cc Glenn Hartmann — Community Development Department 109 8 th Street ,Suite 100B • Glenwood Springs, C081601 • (970)945-1377 • email:saibner(agarfield-county.com Glenn Hartmann From: Michael'Langhorne <ML@bookcliffsurvey.com> Sent: Monday, January 77, 2018 3:47 PM To: Glenn Hartmann Subject: RE: Lot 1, Boruch Exemption Attachments: SIGNED LIENHOLDER CONSENT.PDF Glenn, I received the signed lien release, here is a copy for your review. I plan to make the last red lines to the plat and send you one more review copy later this week. Michael Langhorne P.L.S. Bookcliff Survey Services Inc. 136 East Third Street Rifle, CO. 81650 (970) 625-1330 www.bookeliffsurvey.com BOOKCLIFF Survey Services, Mc. From: Tracey Langhorne Sent: Wednesday, December 20, 2017 10:38 AM To: Glenn Hartmann <ghartmann@garfield-county.com> Cc: Michael Langhorne <ML@bookcliffsurvey.com> Subject: Lot 1, Boruch Exemption Hi Glen, Attached is a copy of the Lienholder Consent and Subordination form for you review that we modified slightly per the Lienholder's request. Tracey Langhorne Bookcliff Survey Services, Inc. 136 E 3rd Street Rifle, CO 81650 970-625-1330 ** Lienholder Consent and Subordination The undersigned, Mortgage Electronic Registration Systems, Inc. ("MERS") solely as nominee for lender Ally Bank Corp., a bank chartered organized and existing under the laws of Utah, 1100 Virginia Drive, Fort Washington, PA 19034, its successors and assigns, being the Beneficiary under a Deed of Trust granted by the owner upon the real property platted and divided as shown upon the within Exemption Plat, certifies that the undersigned has reviewed the Exemption Plat and by this certification hereby consents to said exemption plat and to the recording thereof. Beneficiary further consents to said Exemption Plat as stated in the Certificate of Dedication and ownership executed by the Owner hereon, and hereby subordinates an interest that Beneficiary may have in and to the property subject to such dedication, to the entity(ies) or the general public to which such dedication is made. 5 0} Executed this day of January, A.D., 2018. Mortgage E ctronic Registration Systems Inc. solely as nomine for Ali y Bank Cori j 5 ,1 Sign arbara FrosF- Title: Assistant Secretary State of Iowa } } :ss County of Black Hawk ) Te foregoing Lienholder Consent and Subordination was acknowledged before me this day of January ,,.,?A, i7. 2018, by Heidi Honkola. My commission expires: February 13, 2020 Witness my hand and official seal. Heidi Honkola - otary Public Lienholder **This Lienholder Consent and Subordination is recorded simultaneously with and incorporated hereto as part of the Final Plat Amendment of Lot 1, Boruch Exemption recorded as reception number in the Garfield County, Colorado clerk and recorder's records. HEIOI HONKOI.A Notarial Seal Iowa Commission Number 801742 My Commission Expires Feb b 1 11111Nrarfliii0 1 Vil.1010,41,1MiY ilnitltiIi 11 11 1 Rec.eptionfl• 099656 1'.I0912017 10:51;.32 AM Jean Rlberico 1 ❑r a E7;,c Fee. x29. Ca Doc Fee:0.00 GARFIELD COUNTY CO PLEASE COMPLETE THIS INFORMATION RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: Ocwen Loan Servicing, LLC Land Title Adjustment Department 3451 Hammond Ave. Waterloo, IA 50702 Prepared by: Lisa McClurg [Space Above This Line For Recording Data] Loan Number 687865287 MODIFICATION TO DEED OF TRUST THIS AGREEMENT, entered into effective October 3, 2017, between Arlene D. Bush ("Borrower") and Mortgage Electronic Registration Systems, Inc. ("MERS"), solely as nominee for Lender Ally Bank Corp., a Bank Chartered organized and existing under the laws of Utah, 1100 Virginia Drive, Fort Washington, PA 19034, its successors and assigns, as Beneficiary. MERS is organized and existing under the laws of Delaware, and has an address of PO Box 2026, Flint MI 48501-2026 or 1901 E Voorhees Street, Suite C, Danville, IL 61834 amends and supplements (1) the Mortgage, Deed of Trust or Deed to Secure Debt (the "Security Instrument"), dated February 7, 2012, securing the original principal sum of $317,300.00, and recorded on February 15, 2012 as Document 814606, Targe E to 18, of the Official Records of Garfield County, Colorado, and (2) the Note bearing the sarnc date as, and sccL,red by, the Security Instrument, (the "Note") which covers the real and personal property described in the Security Instrument and defined in the Security Instrument as the "Property", located at 8491 Highway 6 and 24 Parachute, CO 81635-9705 (Property Address) WHEREAS, both Borrower and Lender desire to amend the above referenced Security Instrument to include additional land which has been acquired by Borrower, which real property is now included in the attached exhibit "A"; NOW THEREFORE, in consideration of the premises and all other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree that the real property described in exhibit "A" of this document shall hereafter be encumbered by the lien of the above referenced Security Instrument. It is further agreed that all the stipulations, provisions, conditions and covenants of the original note and deed of trust shall remain in full force and effect, except as herein modified, and nothing herein contained shall be construed to impair the security of the lien of the holder of said Security Instrument nor to impair any rights or powers which the holder may have under said Note and Security Instrument. OWNERS hereby grant, transfer and assign to Trustee, «Trustee», as the Trustee under said Security Instrument, in trust, with power of sale, the property described in said attached Exhibit A, for the purpose of securing all of the obligations referred to in said Security Instrument as secured. MIN: 100037506878652875 MERS Telephone (888) 679-6377 Initials. LM 1 11111 rdE:111011111011t1 1h 11111 Reception#: 899656 Si/OR/2017 10:54:32 RM Joan Alberloo 2 of 4 Roo Fee:328.00 Doo Fee:0.00 GARFIELD COUNTY CO IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. Mortgage Electronic Registration Systems, Inc. ("MERS") Solely as nominee for Lender Ally Bank Corp., a Bank Chartered organized and existing under the laws of Utah, 1100 Vir;inin Drive, Fort Washington, PA 19034, its successors and signs. (� ab 1 7 13r Name: f3artSara Frost Title: Assistant Secretary STATE OF IOWA ss: COUNTY OF BLAf;K J-1AWK ) On October 2017 before me, Heidi Honkola, a Notary Public in and for the County of Black Hawk, State of Iowa, personally appeared Barbara Frost, personally known to be an Assistant Secretary of Mortgage Electronic Registration Systems, Inc. ("HERS"), solely as nominee for Lender Ally Bank Corp., a Bank Chartered organized and existing under the laws of Utah, 1100 Virginia Drive, Fort Washington, PA 19034, its successors and assigns; that the Seal affixed to said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors, and they acknowledged the execution of said instrument to be the voluntary act and deed of said Corporation, by it being executed. IN WITNESS WHEREOF, I have hereunto signed by name and affixed by Notarial Seal the day and year la written. HEIDI HONKOLA Notarial Seal -- Iowa Commission Number801742 I2 My Commission Expires Feb 13, 2020 Heidi Honkola - Notary Public My Commission Expires: February 13, 2020 MIN: 100037506878652875 MERS Telephone (888) 679-6377 Ell 1g/CAI ,#Elfilif'1 11:111111,151ii i'll 114,11iiii, 11111 Recep4.ion#: 899658 II/0912017 10:64-$2 RM Jean Alberlco 7 cF 4 Roc Fee•528 00 Doc Fee:0.00 GARFIELD COUNTY CO File No. 1702040-2 EXHIBIT "A" A parcel of land situated in the East half of the Southeast Quarter of Section 11 and the West half of the Southwest Quarter of Section 12, Township 7 South, Range 96 West of the 6th Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Commencing at a U.S. B.L.M. cadastral survey aluminum capped survey monument for the Quarter corner common to said Section 11 and said Section 12 whence a U.S. G.L.O. brass capped survey monument for the South corner common to said Section II and said Section 12 bears South 01°02'04" West a distance of 2652.88 feet with all bearings here relative thereto; thence South 01°02'04" West, a distance of 2133.51 feet to the POINT OF BEGINNING; thence North 89°18'20" West, a distance of 51.64 feet; thence North 29°41'18" West, a distance of 491.77 feet; thence North 52°56'25" East, a distance of 318.69 feet; thence 319.63 feet along the arc of a 325.00 foot radius non -tangent curve to the right through a central angle of 56°20'56" with a chord bearing South 46°53'49" East, a distance of 306.90 feet; thence South 18°43'20" East, a distance of 437.25 feet; thence North 89°18'20" West, a distance of 323.56 feet to the Point of Beginning. A parcel of land situated in the Southeast Quarter of the Southeast Quarter of Section 11 and in the Southwest Quarter of Section 12, Township 7 south, Range 96 West of the 6th Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Commencing at a 1920 US Government Land Office standard brass cap for the southwest corner of said Section 12 whence a 2-W steel pipe with 3" brass cap marked "THOMPSON PLS 18480" for the West sixteenth corner on the South line of said Section 12 bears South 89°24'38" East with all bearings herein relative thereto: Thence along the west line of said Section 12 North 01°02'04" East, a distance of 320.89 feet to the POINT OF BEGINNING; thence South 89°49'30" West, a distance of 291.10 feet; thence North 00°02'51" West a distance of 627.19 feet; thence South 29°41'18" East, a distance of 491.77 feet; thence South 89°18'20" East, a distance of 375.21 feet; thence South 18°43'20" East, a distance of 159.07 feet; thence 47.06 feet along the arc of a 225.00 radius tangent curve to the left, through a central angle of 11°59'01", with a chord bearing South 24°42'51" East, a distance of 46.97 feet to a point of cusp; thence South 89°49'30" West, a distance of 397.82 feet to the Point of Beginning. A parcel of land situated in the Southwest Quarter of the Southwest Quarter of Section 12, Township 7 South, Range 96 West of the 6th Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Commencing at a 1920 US Government Land Office standard brass cap for the southwest corner of said Section 12 whence a 2-1/2" steel pipe with 3" brass cap marked "THOMPSON PLS 18480" for the West sixteenth corner on the South line of said Section 12 bears South 89°24'38" East with all bearings herein relative thereto: Thence along the west line of said Section 12 North 01°02'04" East, a distance of 320.89 feet; thence departing said line North 89°49'30" East, a distance of 397.82 feet to the POINT OF BEGINNING; thence 47.06 feet along the arc of a 225.00 foot radius non -tangent curve to the right, through a central angle of 11°59'01", with a chord bearing North 24°42'51" West a distance of 46.97 feet; thence North 18°43'20" West tangent to said curve, a distance of 596.31 feet; thence 116.55 feet along the arc of a 325.00 foot radius tangent curve to the Left, through a central angle of 20°32'48", with a chord bearing North 28°59'44" West, a distance of 115.92 feet; thence North 50°43'52" East, a distance of 406.05 feet; thence South 01°02'04" West, a distance of 965.91 feet; thence South 89°49'30" West, a distance of 29.68 feet to the Point of Beginning. lMIIA81C6MithillfilhiliA,NA IAi lANidi 11111 RceptionH: 899656 1 R7 oB2 jRan 0fco 4of ao Fo:S2.GFea.0.p GARFIELD COUNTY CO IN WITNESS WHEREOF, the parties hereto have set their hands the day and year first above written. 11 —7— i7 Date STATE OF COLORADO COUNTY OF GARFIELD } } ss: (Seal) Arlene D. Bush - Borrower gyroavt Fnu /or ane. I,t). Are 5 as �` Ai -lomat{ CAfact For On (- 7- ZD I'1 ,before me,E,s.itiL. rt._D oZpl.5, personally appeared Ariene D. Bush, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. My Commission Expires: 55 -21- Wig atai-„) ,R Notary Public ELAINE M. DUBOIS NOTARY PUBLIC STATE OF COLORADO NOTARY ID #20034017424 My Commission Expires May 27, 2019 MIN: 100037506878652875 MERS Telephone (888) 679-6377 814606 02/15/2012 10:58:11 AM Page 1 of 18 Jean Alberico, Garfield County, Colorado Rec Fee: $96.00 Doc Fee: $0.00 eRecorded Return To: A1ly Hank carp. c/o Inde 7 [un, 2925 dztmtly Drive Dail Stop ED- i44 3000 St. Phut., 141+T 551.17 Prepared By: Cayst s' Kearns 1100 Virginia Drive Ebrt Waahi.ngtcn, PA 29034 [Spew Above Tldr Use For Recordtae beta) DEED OF TRUST MIN 100037506878652875 DEFINITJONS Words used in multiple sections of this document arc defined below and other wonia arc defined in Sections 3, 11, 13, 1 B, 20 and 21. Certain rules regarding the usage of words used in Ibis document arc also provided in Section Ib. (A) "Securttylnstrument" means this document, which is dated 02/07/201.2 together with all Riders to this document. (a) "Borrower"is 31rle9ae D Bush Borrower is the trustor under this Security Instrument. (C) "Lender"is Ally Bank corp. Lender ig a Bank Chartered 106ACO 000687865287 02/06/2012 08:31an COLORADOShOb Family-Few&Ma&FrSdck Mae UNIFORM INSTRUMENT MN MERS Form 30011 1101 CVA(CO) (MO) Fins1u11a Wes h/lag VMP Malmo 6dulbr,. Mx. INfl��IE� 814606 02/15/201210:58:11 AM Page 2 of 18 Jean Alberico, Garfield County, Colorado Rec Fee: $96.00 Doc Fee: $0.00 eRecorded organized and existing under We laws of Utah Leader's address is 3.100 Virginia Drive, Sbzt Washington, l34 19034 (D) "Truftee"ts the Public Trustee of Garfield el rl county, Colorado. (E) "MEMS" is Mortgage Electronic Registration Systems, lac. MFRS is a aeparnte cvrpr n tion that is acting vilely u a nominee for Lender and Lender's axxessnrs and assigns. MFRS is the beodlciary under this Security Instrument MTR.S is organized and existing under the laws of Delaware, and has an address and telephone number of P.Q. Dox 2026, flint, MI 4$541-2026, rel. MB) 679 -MFRS. (F) "note"means the promissory note signed by Harrower and dated 02/07/2012 . The Note states that Borrower owes Leader Three Hundred Seventeen Thomand Threw Bunched Dollars (U.S. S 317,300.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not Iota than biszcits 1, 2042 . (G) "Property^mt ana the property that is described below under the heading "'Mulder of Rights in the Property." (II) "Lean"means the debt evidenced by the Note, plus interest, any prepayment charges and isle charges due under the Note, and all same due under this Security Instrument, plus interest. (1) "Riders" means ell Rides to this Security Instrument that are executed by Borrower_ The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rids 0Condominium Rider Second Home Rider Balloon Rider B Planned Unit Development Rider 1-4 Family Rider VA Rider Biweeldy Payment Rider Other(s) [specify] (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and achninietrative rules and orders (that have the effect of law) as well as all applicable final, non -appealable judicial opinions. (K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (L) "Electronic Fonda Transfer" means any transfer of funds, other than a transaction originated by check, dratl, or similar paper instnwnent, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited lo, paint -of -sale Transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (M) "Escrow Item" mesas those items that are described in Section 3. (N) "Mlacelhrner,uiProceeds"means any compensation, setilement, award of damages, or proceeds paid by any third party (other Wan insistence proceeds paid under the coverages described in Section 5) for. (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lien of condemnation; or (iv) misrepresentation, of, ur omissions as to, the value and/or condition oldie Property. (0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan (P) "PerlodlePaymeet" means the regularly scheduled amount due for (i) principal and interest under We Note, plus (ii) any amounts under Section 3 of thio Security Instrument. 106110) 000687865287 02/06/2012 08:31ma COLORADO - 541a Famty-Fannl. IRa.FFreddle Mao UNIFORM 01BTRUMF.?t7 W MER 43114.aA(Co)(um Pap zd16 M.w.S Form 300B 1101 814606 02/15/2012 10:58:11 AM Page 3 of 18 Jean Alberico, Garfield County, Colorado Rec Fee: $96.00 Doc Fee: $0.00 eRecorded (Q) "RESPA"means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" eves if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (R) "Sommer in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security instrument. TRANSFER OF RIGHTS EN THE PROPERTY The beneficiary of this Security Instrument is MERS (solely an nominee for Lender and Lender's successors and assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender. (I) the repayment of the Loan, and aU renewals, extensions and modifications of the Note; and (ii) the perfomeance of Borrower's covenants and agreements under this Security lrtstrrmmenl and the Note. For this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the County ofr7axfidrt (Type of Recording Junidiiatlonl [Name of R cording JuisdIcdon] The Assessor' a Per+ae1 Mather (Ircperty Tax I)#) for the Beal Pr:warty is 240912300010. Sea Attached Legal Descripticn Parcel ID Number; 240912300010 which currently has the address of 8491 Highway 6 And 24 (Stied! Pm: i ks Ivry), Colorado 81635 rap Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter eructed on the property, and all casements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions Mall also be covered by !his Security bearument. All al' the foregoing is referred to in this Security Instrument as the "Property." Borrower undctamts and agrees that MERS bolds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with haw or custom, MERS (as nominee for Lender and Le nde fa successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. 106N3) 000687865287 02/06/2012 08:31am COWRADOSJrgle FarralyFannla MasJFnddla Mac UNIFORM 919RRU1ti:NT WOR M 9 Cie.M4CO)uoeio3 _ v.ssaarre ,uet' Poren300ti 1101 814506 02/15/2012 10:58:11 AM Page 4 of 18 Jean Alberico, Garfield County, Colorado Rec Fee: $96.00 Doc Fee: $0.00 eRecorded BORROWER COVENANTS that Borrower is lawfully seised of' the estate hereby conveyed and has tine right to grunt and convey the Property and that the Property is uccnmrmbcred, except for encumbrances of record. Borrower weasels and will defend generally the title to the Property against all claims rind demands, subject to any encumbrance of record and Iicns for taxes for the curreni year not yct due and payable. THIS SECURITY INSTRUMENT combines uniform covenants for national use end nos -uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real innprsty UNIFORM COVENANTS. Barrowcr end Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow liens, Prepayment Chargee, and Lute Charges.. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment chargci and ]ata charges due undo tits Nola. Borrower stall also pay fiends far Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S_ currency. However, if any check or other inztrumenl received by Lender as payment under ibe Note or this Security ltostrumcui in returned to Lender unpaid, Lender rriay require that any or All subsequent payments due under the Nate and this Security Instrument be mads m one or more of doe fallowing forum, as selected by Leader: (a) cash; (b) money order. (c) certified check, bank check. treasurer's check or caahicr'a check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Paymcnis ore deemed received by Lender when received at the location designated in the Note or at such other Iocatiou as may be designated by Lender in accordance with thc notice proviainus in Section i5. Lender may return any payment or partial payment if rbc payment or partial paymaria are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufiIcical to bring thc Loan current, without waiver of any rights hereunder or prejudice to its rights to rsfuae such payment nr partial payments in the future, but Lender is not obligated to apply such paymcul6 et the lime such payments arc accepted. if each Pcrisxlic Payment is applied as of its scheduled due date, then Lender need not pay interest on entapplicd funds. Lender may hold Such unapplied funds until Borrower makes payment to bring the Loan current. If Bummer docs not do sec within a reasonable period of time, Leasdcr shall either apply such funds or return them to Borrower. Went applied earlier, such funds will he applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender sball relieve Borrower front making payments duc under the Note and this Security instrunaext or perfunning the covenants and agrcemeata secured by this Security Matrwneal. 2. Application of Payment, or Proceeds. Except tis otherwise described in this Section 2, all payments accepted and Applied by Lender shall he applied in the following order of priority: (a) interest due tutdcr the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied fust to late charge, second to any mbar amounts due under this Security Irwtrumeni, and then to reduce the principal balance of Ibe Nolc. If Lender receives a payment from Bon -ower fora delinquent Periodic Payment which include a sufficient amount to pay any late charge due, the payment may he applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Bummer to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent Mai any excess exists afltt thc payment is applied to the tidl payment of one or more Periodic Payments, such excess may be applied to any Imre charges due Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payurenta, insurance proceeds, or Miscellaneous Proceeds to principal duc wider the Nose shall ant extend or postpone the due dale, or change the amount, of the Periodic Payments. 3. Funds far Escrow Items. Borrower &hail pay to Lender on the day Periodic Payments arc due under the Note, until the Note is paid in full, a semi (the "Funds") to pmvidc for payment of amounts due for: (a) taxes and assessments and other items which tan attain priority over thin Security Instrument as a lice or encumbrance on the Property; (b) leasehold payments or ground ansa on the Property, if any; (c) premium& for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items arc celiac! "Escrow 106800 000687865287 02/06/2012 08:31ai C0 0RADMInylo Fanaly-FannleM■WFr.ddir Mac UNIFORM INSTRUMENT WITH HERS Itat -MOO) palm Ppm at 16 ir410:44,.■g Font 3ODb IIDI 814606 02/15/2012 10:58:11 AM Page 5 of 18 Jean Alberico, Garfield County, Colorado Rec Fee: $96.00 Doc Fee: $0.00 eRecorded hems." At origination or at any time during the team of the Loan, Lender may raryire that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all entices of amounts to be paid under this Section_ Borrower shall pay Lender the Funds for Escrow items unless Lender waives Borrower's obligation to pay the Funds for any or all Endow Items. Larder may waive Borrower's obligation to pay to Lender Funds for any or all Escrow !tans at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has beer waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for aU purposes bc deemed to bc a covenant and agreesneot contained in this Security Instrument, as the phrase "covenant and a greement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant ter a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender soy such amount. Leader may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, et any time, collect and hold F1mds in en amount (a) sufficient to pcmit Lender to apply the Funds at the lime specified under RESPA, and (b) not to exceed the maximum amount a lender can require ander RESPA. Lender shall estimate Ibe amount of Funds dun on the basis of current data and reasonable ordinates of expenditures of future Escmw Gema or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits tura insured by a federal agency, instmmadality. or entity (including Lender, if Lender is an institution whose deposits are no insured) or in any Federal Home Loan Bank. Lender abeU apply the Funds to pay the Escmw Items no iota than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower intexeat on the Funds and Applicable Law permits Lender to snake such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. if there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall accainl to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds bold in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Leader the amount necessary to make up the ahorlage in accordance with RESPA, but in no more than 12 monthly payment& If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower an required by RESPA, and Borrower shall pay to Leader the amount necessary to make up the deficiency in accordance with IU SPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrumen=t, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, lines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Ar, rale, if any. To the extent that these iters are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless 106AM 000687865287 02/06/2012 08:31zin CC LORADc3SIr>cle Family-FannieMaeFraddta Mae UNIFORM INSTRUMENT WITH HERS •SAIGD) Ra,vr rq.sais '^mob 4 ei ./ Fonn3006 1101 �r ► 814606 02/15/201210:58:11 AM Page 6 of 18 Jean Alberico, Garfield County, Colorado Rec Fee: $96.00 Doc Fee: $0.00 eRecorded Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manna acceptable to Lender, but only so long as Sommer is performing such agreement; (b) contests the licu to good faith by, or defends against csforecmcnt of the lien in, legal proceedings which in Leader's opinion operate 10 prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from thc bolder of the lien an agreement satisfactory to Leader subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the lilac on which that notice is given, Borrower stall satisfy the lieu or rake one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in cormcciion with this Loan. 5. Property Insaraace. Borrower shall kecp the improvements now existing or hereafter erected an the Property insured against loos by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited ta, earthquakes end floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance currier providing thc insurance shell be chosen by Borruwcr Subject to Lender's right to disapprove aormwer's choice, which right shall nut be excrcittcd unreasonably. Lender may require Borrower to pay, is connection with this Loan, either: (a) a one -lime charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remnppings or similar changes occur which reasonably might affect such delamination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender its under no obligation to purchase any parricide: typc or amount of coverage. 'therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in cffect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtainer/. Any amounts disbursed by Lender under this Section 5 shall become a dditional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower tequcstiog payment. MI insurance policies required by Leader and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as au additional loss payee. Lender amain have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. in the event of Inas, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make Ana of foss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if thc restoration or repair is economically feasible and Lender's security is not !miscued. During such repair and restoration period, Lender shall have the right to bold much insurance proceeds until Loader hair had en opportunity to inspect such Property to ensure the 106110) 000687865287 02/06/2012 08:31am COL.ORADOSirtoro Family-FannfsUaalFmddla Mao UHIFot:it INSTRUMENT WITH MES tiStrsa;co} gel pep. 6 of 15 Intliala.Q457 From 3000 1101 814606 02/15/2012 10:58:11 AM Page 7 of 18 Jean Alberico, Garfield County, Colorado Rec Fee: $96.00 Doc Fee: $0.00 eRecorded work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a aeries of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the inaaranec proceeds and shall be the sole obligation of Borrower. U the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar es such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or realm the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establlah,, and use the Properly es Borrower's principal residence within 60 days alter the execution of [his Security instrument and shall continue to occupy the Property as Borrower's principal residence for el lenst one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy. damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender bas released proceeds for such purposes. Lender may disburse proceeds for the repair, and restoration in a single payment or in a scrice of progress payments as the work is completed. If the irumnuace or condemnation proceeds are not sufficient to repair or restore the Properly. Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at We time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Appllcatlon. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but arc not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 106AIOO 000687865287 02/06/2012 08:31an CQL0RAPOS rias Farntly-Fannt.Maa(Fnddle Mac UNIFORM INSTRUMENT WITH MEM .-MICO) mala Pia.7of15 wLWF Fonn 3006 1101 814606 02/15/2012 10:58:11 AM Page 8 of 18 Jean Alberico, Garfield County, Colorado Rec Fee: $96.00 Doc Fee: $0.00 eRecorded 9. Protection of Lender's Interest is the Properly and Rights Under this Security Intttrument. If (a) Harrower fails to perform the covenants and agreements contained in thio Security instrument, (b) there is a legal pmceeding that might aigerifcantly affect Lender's interest in the Property and/or rights under thio Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or fprfeiture, for enforcement nr a lien which may attain priority over ibis Security Instrumenl or to enforce laws or regulations), or (c) Borrower hats rhsntioned the Property, then Lender may do and pay for whatever is reasonable or appropriate to prulcct Lendere interest in the Property and rights under this Security instrument, including protecting and/or asseaaing the value of the Property, and securing and/or rcpeiriug the Property. Larder's actions cao include, but are not limited lo: (a) paying any sums secured by n lien which lass priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees lo protect its interest in the Property aodtor rights under Lhis Security instrument, including its soxurrd position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned 011 or off: Although Lender may take action under this Section 9. Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking say or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice nom Lender to Borrower requesting payment. If this Security Inistruancni in an n Ieaschnld, Borrower shall comply with all the provisions of ibe leant. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees In the merger in writing. 10. Mortgese Insurance. if Lender required Mortgage insurance as a condition of making the Loan, Burrower shall pay the premiums required to maintain the Mortgage 11-Lsurnrwc in effect. if, for any reason, the Mortgage Inaurancc coverage required by Leader ceases to be available from the mortgage ineurcr chat previously provided such insurance and Borrower was required to mukc separately designated payrncnla toward the premiums for Mortgage lnatrence, Borrower shall pay the premiums required to obtain coverage snrbssantfally *qui-valcnt to the Mortgage Insurance previously in effect, at a cost ebetanliatly equivalent to the cost to Borrvwcr of the Mortgage Insurance previously in effect, from an slternate mortgage insurer selected by Lender. If subuiaolially ssgtdivaled! Mortgage lueurancc coverage is not available, Hemmer shall continue to pay lo Lender the amount of the separately designated payments that were due when the insumoce eovcregc eased In be in effete Lewder will accept, use and retain these payments tura uon-refundable Tose ree rvc in lieu of Mortgage Insurance. Such Ives reserve shall be non-refundable, notwithstanding the fart that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage (nsuranec coverage (io the amount and for the period that Lender requires) provided by an insurer selected by Leader again becomes available, is obtained, and Leader requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and I3orrowcr was required to make separately designated payments toward the premiums for Mortgage insurance, Borrower shall pay the premiums required to maintain Mortgage Insurenec in effect, or to provide a non-nefundahtc loss reserve, until Loader's requirement fear Mortgage Insurance ends in accordancewith any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay Interest at the rate pmvidcd in the Note. Mortgage Insurance reimburses Lender (or any amity that purchases the Note) for certain losses it may incur if Borrower dote not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage iusurti cvatuatc their treat ris3c on all such insurance in force Cmrn time in lime, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are sastitfactnry to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source 10taZ9OD 000687865287 02/06/2012 08:31ma COLORADOSIs4e Family-FanninMasfmddlr Mac UNIFORM INSTRUMENT WiTH MOM �4A(CO) 106ici Paps Bora sn76dn Form 30041 VOi 814606 02/15/2012 10:58:11 AM Page 9 of 18 Jean Alberico, Garfield County, Colorado Rec Fee: $96.00 Doc Fee: $0.00 eRecorded of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insures, any reinsurer, any other entity, or any affiliate of any of she foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized us) a portion of Bomawrx's payments for Mortgage Insurance, in excbaage for sharing or modifying the morlgegc insurer's risk, or reducing losses. If such agreement provides ibat an adflia1e of Leach lakes a 'bare of the insurer's risk iu exchange for a share of the prcmiuma paid to the insurer. the arrangement is often termed "captive reinszuraacee Further: (a) Any troch agreement' will not effect the auiounti that Borrower hag agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage taleteller, and they will not endNe Borrower to any rebind. (b) Any Bucll agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Iromeowners Protection Act of 199S or any otter law. These rights rosy indude the right to receive certain disclosures, bs request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Intrurxace lerrninetrd automatically, and/or to receive a refund of any Murigagc htsurance premium, that were unearned at the time of such cancellation or termination. 11. Alsignmeat of Miterlfaaneoua Proctedu; Forfeiture.. Alt Miscellan out Proceeds are hereby assigned to and echull be paid to Lender. If the Property is damaged, such Miscellaneuua Preece -cis shall be applied to Teuton tion or repair of Ibo Property, if the restoration or repair is economically feasible and Lender's security rs not lamed. Duriog such repair and restoratinn period, Leader shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to Wetted such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection 'ball be undertaken promptly. Lender may pay for the repairs and restoration in a single dishruucmcnt or in a series of progress payments es the work is completed. Unless ao agreement is made in writing or Applicable Law requites interest to he paid an such Miscellaneous Proceeds. Leclef shall not be required to pay Borruwcr any interne or earniogs an such Miscellaneous Proceeds. If the restoration Cr repair is not economically feasible nr Lender's security would be lessened, the Mlscellaneaus Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Misceliatteous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums securrxi by this Security instrument, whether or not Thar due, with the excess, if any, paid to Borrower. In the event of a pariisl taking, drsttuction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or lass in value is equal to or greater than the amount of the stuns secured by this Security Insttumeut immediately before the partial laking, destruction, or loss in value, useless Borrower and Lender otherwise agree in writing, the minis secured by this Security fastrument shall be reduced by the amount of the Mss cellaneow+ l'reccecla multiplied by the following fraction: (a) the total amount of the sums secured Immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or lose in value of the Property in which the fair market value of the Property immediately before the partial taking. deetructian, or lass in value is less than the amount of the sums secured nom:t iatcly before the partial taking, destruction, or Ines in value, unimo Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall by applied to the Burris secured by this Security instrument whether or not the sums are thane due. If the Preperty is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrnwcr fniia to respond to Leader within 30 days after the dale the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds tither to restoration or repair or the Property or to the sums secured by this Security resentment, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. 106W, 000687865287 02/06/2012 06:31an COLORADO-SIngle Family-FmuilaMae&Freddle Mae UNIFORM INSTRUUBIT it'd MEAS 1114-6A(CO) (001o) Pepe Pe s - . W - Form 3008 1101 814606 02/15/2012 10:58:11 AM Page 10 of 18 Jean Alberico, Garfield County, Colorado Rec Fee: $96.00 Doc Fee: $0.00 eRecorded Borrower 6h41 be in default if any action or proceeding, whether civil or criminal, is begun Ibat, in Lender's judgment, could result in forfeilurc of the Properly or other material impairment of Lender's interest in the Property or rights under this Security instrument. Borrower can cure i meb a default and, if acceleration has occurred, reinsnrle as Fe vidcd in Section t9, by causing the aNien or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of We Property or other material impairment of Lender's interest in the 1'mperry or rights under this Security Instrument, The pro -meets of any award or claim for damages thitt are same iablc to the impairment of Lender's interest in the Napery are hereby assigned and alkali be paid to Lender. All Miscellaneous Proceeds that arc not applied to restoration err repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Nut Released; Forbearance By Lender Nota Waiver. Extension of the time for payment or modification of amortization of the agate secured by Ibis Security Instrument granted by Leader to Borrower or any Sucee.xaor in Inicreel of Borrower shall not operate to release the liability of }Narrower or any bltcccsso n in Interest of Burnam'. Leder shall not be required to commence proceedings against any Succor in interest of Borrower or to refuse to extend lime for payment or otherwise modify amortization of the sums seemed by this Security Instrument by rcaeon of any demand made by the original Borrower or any Successors in interest of Borrower. Any forbeera.ncc by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, amities or Successors in interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the excrvise of uny right or remedy. 13. Joint and Several Liability; Co-signers;; Successors and Assigns Bound. Borrower covenants and agrees that lion-ower's obligations and liability shall be join( Lind ecveral, However, any Borrower who co-signs thin Security instrument but docs not execute the Note (a "co-signer') (a) is co signing this Security Instrument only to mortgage, grant sod convey the co-signer's interest in the Pmperty under the terms uf this Security lnetrument; (b) is not peramoally obligated to pay the mime aecured by this Security Instrument, and (c) agrees that Leader and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Interment or the Note without the co-siigrter't consent. Subject in the provisions of Section 18, any Successor in Interest of i3otrower who ataumea Borrower's obligations under this Security Instrument in writing, end is approved by Lender, shalt obtain all uf Borrower's rights and benefits under this Security Instrument. Borrower dealt not be released from Borrower's obligations and liability under this Security Instrument =bees Lender agrees to such release in writing. The covenants and agreements of this Security instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Leader. 14. Loan Charges. Lender may charge Borrows fres for ucrvices performed in connextion with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to. attorneys' fees, property inspection and valuation fees. In regard to any other fees, the abseoceof express authority in this Security i ee untextt to charge a specific fee to Borrower shall not be construed as a prohibition on the charging amid' fee. Lender may nor charge fees [haat are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan in subject to a law which acts maximum loan charges, and that law is finally interpreted iso that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce We charge to the permitted limit; and (b) any sums already collected from Borrower which =ceded permitted limits will be refunded to 130nuwer. Lender may choose to make ibis refund by reducing the principal owed under the Note or by making a direct payment to Borruwcr. If a refund reduces principal, the reduction will be treated an a partial prepayment without any prepayment charge (whether or not a prepayment charge ie provided for under the Note). Borrower's acceptance of any such refmd rrrnde by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices.. All ootiees given by Borrower or Lender in connection with ibis Security Instrument must be in writing_ Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's 106RCD 000687865287 02/06/2012 08:31on CQLORADOSIngIo Family.FamhklaafraddN Mac UNIFORM INSTRUMENT WITH HRS 4 .a11tCDI toauoj Pry* 14 d10 frosrtr� Foran 3006 1101 814606 02/15/2012 10:58:11 AM Page 11 of 18 Jean Alberico, Garfield County, Colorado Rec Fee: $96.00 Doc Fee: $0.00 eRecorded notice address if scat by other means. Notice to any one Demmer shall constitute notice to all Borrowers unless Applicable law expressly requires othcrwiee. The notice address shall be the property Address unless Borrower luta designated m substitute notice address by notice to Lender. Borrower shall promptly notify Leader of Borrower's ctraogc of address. If Lender specifics n procedure for repotting Borrower's change of address, thea Borrower shall only report a change or address through that specified procedure, There may be only one designated notice address wades Ibis Security Instrument at may one time. Any notice to Lender shall be given by delivering it or by mailing if by first class mail to Leader's address stated herein unlesa Lender hu designated another address by notice lo Borrower. My notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument in also required under Applicable Law, the Applicable Law requirement will anthill/ the corresponding requirement under this Security Intrtrutnent. 16. Governing Law; Severability; Rn1pt of Construction. This Security instrument dealt be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security lnstnm emu are subject to any requirements end limitations of Applicable Law. Applicable Law aright explicitly or implicitly allow the panics to agree by contract or it might be silent, but such silence shall not be construed as a prol>eibiliun against agreement by contract. In the event that any prorision ar clause of this Security instrument or the Note conflicts with Applicable Law, such conflict shall net affect outer provisions of this Security Instnumcni or tbe Note which can be given effect without the conflicting proviaion. As used in this Security Iosinnnent: (*) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word 'rnay" gives sole discretion without any obligation to take any action. 17. Barrvwcr's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or Beneficial Interest in Borrower. Aa used in ibis Section 18, "Interest in the Properly" mems any legal or beneficial interest in the Property, including, but Dot limited to, those beneficial interests transferred in a bond for deed, contract for deed, ivasalfrnent salts contract or escrow agreement, the intent of which is the transfer or title by Borrower at a future date to a purchaser. If all or any port of the Property or any lateral in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immaliatc payment in full of all sums secured by this Security Instrument. However. this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. if Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 3D days from the dale the notice is given in nccordanccwitb Section 15 within which Borrower roust pay ail sums steered by this Security Instrument. If Borrower fails to pity these stuns prior to the expiration of this period, Lender may invoke uny remedies permitted by this Security Instrument without Wiser notice or demand on Borrower. J. Borrower's Right to Reinstate After Acecleradon. If Borrower meds certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest nf- (a) Five days before sale of the Properly pursuant in any power of sale contained in this Security Instrument; (b) such other period as Appttcable Law might specify for the termination of Burrower'a right to reinstate; or (c) entry of a judgment enforcing this Security tnstntmcnt. Those conditions are that Borrower. (a) pays Lender all sums which then would be due under this Security lnstniment and the Note as if no acceleratianitad occurred; (b) cures any dcfuuit of any other covenants or agmern ter; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable ettomeys' fees, property inspection and valuation fcca, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security bistros:mant; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property end rights under hila Security Instrument, and Borrower's obligation 10 pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reit statement stone and expenses in one or more of the following forms, as selected by Lender: (a) easb; (b) money order, (c) 1.061l0D 000687865287 02/06/2012 08:31ma C0IARADGStn91e Fammly.FanntallaNFraddto Mac UNIFORM INSTRUMENT W1TH MERS �.6A(CO) taetisl rte.+1 �r is ,,,r, Fonn 9001 1101 814606 02/15/2012 10:58:11 AM Page 12 of 18 Jean Alberico, Garfield County, Colorado Rec Fee: $96.00 Doc Fee: $0.00 eRecorded certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument ant and obligations secured hereby shall remain fully effective as if no acceleration had occurred_ However, this right to reinetnle shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change or Loan Servicer, Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instnuncnt) can he sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer ins elated to a sale of the Note. If there is a change of the Loan Servicer. Borrower will be given minor notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless athcrwise provided by the Note purchaser. Neither Borrower nor Leader may commence, join, or be joined to any judicial action (u either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security lnatnmhent or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 1S) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can bc taken, that time period will bc deemed to be rcrssonabte for proposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower purulent to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall bc deemed to satisfy the notice and opportunity to take corrective action proviaiune of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "hazardous Substances" are those substances defined as toxic or hazardous subatanoese, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" mate federal laws and laws of the jurisdiction where the Property is located that relate to bath, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Lew; and (d) an "Environmental Condition" means a condition that can cause, contribute lo, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit Use presence, use, disposal, storage, or release of any }larasdous Substances, or threaten to rcicase any Hazardous Substances, on or in the Property. Borrower shall nal do, nor allow anyone else to do, anything affecting the Properly (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and 10 maintenance of the Property (including, but not limited lo, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any 106000 000687865287 02/06/2012 08:31am GO1.OR&D(Shgio FamllyFannttslaelFnddla Mac UNIFORM INSTTRUttENT WITH MERE .e1.A40jroue P.0612 o115 eryrn:%� 1 Form 3006 1101 814606 02/15/2012 10:58:11 AM Page 13 of 18 Jean Alberico, Garfield County, Colorado Rec Fee: $96.00 Doc Fee: $0.00 eRecorded hazardous Substance or fnvim tremaxi Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited lo, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any ,ranoval or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lewder further covenant and agree as follows: 22. Acceleration; Remedies. Lender roan give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default mast be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in aceeleratlon of the sums secured by this Security Instrument and sale of the Property. The notice shall thither inform Borrower of the right to reinstate after acceleration and the right to assent in the foreclosure proceeding the n on-existeaceof a default or any other defense of Borrower to acceleration and sale. If the default is n ot cured on or before the date 'specified in the notice, Lender at its option may require Immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in punning the remedies provided in this Section 22, fnduding, but not Milted to, reasonable attorneys' fees and snsis of title evidence. If Lender invokes die power of sale, Lender shall give written notice to Trustee of the occurrence of nn event of default and of Lender's election to cause the Property to be sold. Lender shall mall a copy of the notice to Borrower as provided In Section 15. Trustee shall record a ropy of the notice in the county in which the Property is located. Trustee shill publish a notice of sale for the lime and in the manner provided by Applicable Law and shall mail copies of the notice of sale in the manner preacribed by Applicable Law to Borrower and to the other persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee, without demand on Borrower, shall sell the Property at public Auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property al any sale. Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time the purchaser will be entitled to Trustee's deed. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the salt in the following order: (a) to all expenses of the rale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by thii Security Instrument; and (c) any excess to the person or persona legally entitled to it. 23. Release. Upon payment of all Gums secured by this Security instrument, Lender shall request that Trustee release this Security Instrument and shall produce for Trustee, duly canceled, all notes evidencing debts secured by this Security Instransent. Trustee shall release this Security Instrument without further inquiry or liability. Borrower shall pay any recordation costs and the statutory Trustee's fccs. 24. Waiver of Homestead. Borrower waives all right of homestead exemption in the Property. 106ACO 000687865287 02/06/2012 08:3111at COLORADOSIngle Family-FannIsMsa7Freddl. Idao UNWORININSTRUMENT WITh MERG an(co) toss pap 13 or 1S we.r Fenn 3006 1/01 814606 02/15/201210:58:11 AM Page 14 of 18 Jean Alberico, Garfield County, Colorado Rec Fee: $96.00 Doc Fee: $0.00 eRecorded BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: vA)zegodi Arlare D. Hush shh (Seal) -Borrower (Scup -Borrower (Seal) (Seal) •Borrower -Boomer (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Deflower -Deflower 10610:) 000697865287 02/06/2012 08:31mn COLDRADasocsa Family-Fannl•I Frwpdo Mac UNIFORM INSTRUMENT WITH MERS 04,45.4 (CD) ta+� Pipe 14of15 Form 3000 1101 814606 02/15/201210:58:11 AM Page 15 of 18 Jean Alberico, Garfield County, Colorado Rec Fee: $96.00 Doc Fee: $0.00 eRecorded If Arlts,.A STATE OF GOL bI A4Vi e. p i by Arlene D Buh County in The forcgoiog iostnunent was acknowledged before me this 7 7 clay of A4 9ru dey , 20/Z Witness my hand and official seal. My Commission Expires: Q 3 _/ - w ¢ Notary Pub p¢xaM sN�t JEFF A. sxrrrswoRm Mau" Roe Vr d hailed afo' .�,• 106PCO 000687865287 02/06/2012 08:314 col.4HADOSJogla Famlly-Fames MaslFnddla Mac UNIFORM INFIRUMENT MTN HERS 4A11CQj moo) pgco is d is aplr,: Forth 3000 1/01 814606 02/15/2012 10:58:11 AM Page 16 of 18 Jean Alberico, Garfield County, Colorado Rec Fee: $96.00 Doc Fee: $0.00 eRecorded SECOND HOME RIDER THIS SECOND HOME RIDER is made this 7th day of February , 2012 , and is incorporated into and shell be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned (Ihe "Borrower" whether there are one or more persons undersigned) to secure Borrowers Note to Ally Bank Cbap. (the "Lender') of the same dale and covering the Property described in the Security Instrument (the "Property"), which Is located at: 8492 Higleasy 6 stand 24, Parachute, I70 81635 [Property Address] fn addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree that Sections 6 and 8 of the Security Instrument are deleted and are replaced by the following: 6. Occupancy. Borrower shall occupy, and shall only use, the Property as Borrower's second home. Borrower shall keep the Property available for Borrowers exclusive use and enjoyment at all times, and shall not subject the Property to any timesharing or other shared ownership arrangement or to any rental pool or agreement that requires Borrower either to rent the Property or give a management firm or any other person any control over the occupancy or use of the Properly. 8. Borrower's Loan Application. Borrower shall be in default If, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misreading. or Inaccurate information or statements to Lender (or failed to provide Lender with material information) In connection with the Loan. Materiel representations Include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's second home. 1365R 000687865287 MULTISTATE SECOND HOME RIDER - Single Family - Fannie Mee/Freddie Mac UNIFORM INSTRUMENT Foran 3890 1101 Page 1 of 2 initials/ 4:1,-3e5R (0811) VMP Mortgage Solutions, Inc. (800)521-7291 02/06/2012 08:31am MN lin 814606 02/15/2012 10:58:11 AM Page 17 of 18 Jean Alberico, Garfield County, Colorado Rec Fee: $96.00 Doc Fee: $0.00 eRecorded BY SIGNING BELOW, Borrower accepts and agrees to the teens end covenants contained MIn this Second Home Rider.4--14-1 /L1J- Q41� (Seal) (Seal) Arlene D. Buah-Bonower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower 1364. 000687865287 02/06/2012 08:31aro MULTISTATE SECOND HOME RIDER - Single Family - Fannin Maa!Fraddle Mac UNIFORM INSTRUMENT Foam 3890 1101 e -385R (0811) Page 2 of 2 814606 02/15/2012 10:58:11 AM Page 18 of 18 Jean Alberico, Garfield County, Colorado Rec Fee: $96.00 Doc Fee: $0.00 eRecorded Exhibit A The following described property: Parcel A: Order No.: 13233403 Loan No.: 000687865287 A parcel of land situated In the East half of the Southeast quarter of Section 11 and the West half of the Southwest quarter of Section 12, Township 7 South, Range 96 West of the 6th Principal Meridian, County of Garfield, State of Colorado, being more particularly described as follows: Commencing at a U.S. B.LM. Cadastral Survey Aluminum Capped Survey Monument for the quarter corner common to said Section 11 and said Section 12 whence a U.S. G.LO Brass Capped Survey Monument for the South corner to said Section 11 and said Section 12 bears South 01 degrees 02 minutes 04 seconds West, a distance of 2652.88 feet with all bearings here relative thereto; thence South 01 degrees 02 minutes 04 seconds West, a distance of 2133.51 feet to the point of beginning; thence North 89 degrees 19 minutes 20 seconds West, a distance of 51.64 feet; thence North 29 degrees 41 minutes 18 seconds West, a distance of 491.77 feet; thence North 52 degrees 56 minutes 25 seconds East, a distance of 318.69 feet; thence 319.63 feet along the arc of a 325.00 foot radius non -tangent curve to the right through a central angle of 56 degrees 20 minutes 56 seconds with a chord bearing South 46 degrees 33 minutes 49 seconds East, a distance of 306.90 feet; thence South 18 degrees 43 minutes 20 seconds East, a distance of 437.25 feet; thence North 89 degrees 18 minutes 20 seconds West, a distance of 323.56 feet to the point of beginning Parcel B: A non-exclusive 50 foot easement for ingress and egress as shown on the Boruch exemption Plat recorded May 14, 2002 under Reception No. 603335. Assessor's Parcel No: 2409-123-00-010 Glenn Hartmann From: Michael Langhorne <ML@bookcliffsurvey.com> Sent: Friday, April 28, 2017 4:31 PM To: Glenn Hartmann Subject: RE: Boruch Plat Amendment Glen, The mineral ownership information shown on our submittal was obtained through research of the County records for mineral owners and leases, local survey knowledge working for WPX and verbal testimony from Bob Boruch in 1998. This Amended Plat application will not result in any changes to the Article 7 Standards of the Land Use Code. Thank you for the email and let me know if this meets your needs. Michael Langhorne P.L.S. Bookcliff Survey Services Inc. 136 East Third Street Rifle, CO. 81650 (970) 625-1330 www.bookeliffsurvev.com BOOKCLIFF ,Surtr- Services, Inc,. From: Glenn Hartmann [mailto:ghartmann@garfield-county.com] Sent: Monday, April 24, 2017 9:58 AM To: Michael Langhorne <ML@bookcliffsurvey.com> Subject: Boruch Plat Amendment Hi Michael: The Boruch submittals look good with only a couple clarifications needed. The County Attorney's Office is requesting a simple statement on how you completed your research on mineral ownership. The Application needs to include a general statement that the amended plat will not result in any changes that would affect Article 7 Standards from the Land Use and Development Code, such as drainage, infrastructure, access, utilities, easements, etc. These items can be addressed by a an email correspondence that we will add to your file. We have also downloaded the original Boruch Resolution No. 2002-46 and will include it with your file. Prior to sending out notices I will likely double check with you that we have a complete legal description for the property. It looks like it is compiled on the draft amended plat ownership and dedication certificate. Thanks very much for including copies of the past plats and amendments in the submittals, which is very helpful. 1 I have tentatively scheduled the Director's Decision date for this application for May 19th, pending receipt of the two items noted above. Once complete, I will provide a more detailed summary of next steps and public notice requirements. I look forward to moving your review process forward. Please call or email if you have any questions. Sincerely, Glenn Hartmann, Senior Planner Garfield County Community Development 970-945-1377 x1570 ghartmann@garfield-county.com Total Control Panel Login To: m10),bookciiffsurvev.com Message Score: 1 From: gharlmannrtr@garfield-county.com My Spam Blocking Level: Medium Block this sender Block garfield-county.com This message was delivered because the content filter score did not exceed your filter level. 2 High (60): Pass Medium (75): Pass Low (90): Pass