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' .�,•
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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
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