HomeMy WebLinkAbout1.0 ApplicationGarfield County
Community Development Department
108 8" Street, Suite 401
Glenwood Springs, CO 81601
(970)945-8212
www.earfield-county.com
TYPE OF APPLICATION
B Administrative Review
❑ Limited Impact Review
LAND USE CHANGE PERMIT
❑
Major Impact Review
❑
❑
Amendments to an Approved LUCP
❑
LIR ❑MIR [:]SUP
_❑
❑
Minor Temporary Housing Facility
❑
❑
Vacation of a County Road/Public ROW
❑
❑
Location and Extent Review
❑
❑
_
Comprehensive Plan Amendment
❑
APPLICATION FORM
J
Development in 100 -Year Floodplain
Development in 100 -Year Floodplain Variance
Code Text Amendment
Rezoning
❑ Zone District❑ PUD ❑ PUD Amendment
Administrative Interpretation
Appeal of Administrative Interpretation
Areas and Activities of State Interest
Accommodation Pursuant to Fair Housing Act
❑ Pipeline Development _ 1 - ❑ Variance
❑ Time Extension (also check type of original application)
;;INVOLVED PARTIES
Owner/Applicant
Name: Mike and Mary McPhee
Mailing Address: 839 Sun King Dr
City. Glenwood Springs
E-mail: mmcconstruction llc@hotmail.com
Representative (Authorization Required)
Name:
Mailing Address:
City:
E-mail:
State: CO
Phone: ( 970 ) 381-0783
Zip Code: 81601
Phone: ( )
State: Zip Code:
PROJECT NAME AND LOCATION
Project Name:
McPhee Waiver Request
Assessor's Parcel Number: 2395 _ 222 _00 _- 004 _004
---- --- —---
Physical/Street Address: 839 Sun King Dr
Legal Description: Section: 22 Township: 7 Range: 89 TR IN W1/2NW
Zone District: 131 Property Size (acres): 1.96
PROJECT DESCRIPTION I
Existing Use: Residential Rural
Proposed Use (From Use Table 3-403): Felling Unit -Accessory
Description of Project: Detached Garage with ADU
REQUEST FOR WAIVERS
Submission Requirements
❑ The Applicant requesting a Waiver of Submission Requirements per Section 4-202. List:
Section: Section:
J Section: Section:
Waiver of Standards
B The Applicant is requesting a Waiver of Standards per Section 4-118. List:
Section: C Section:
Section: Section:
I have read the statements above and have provided the required attached information which is
c ect
Marl u the best of my knowledge. W,
W31?v
Signature ofb6perty Owner date
OFFICIAL USE ONLY
File Number: _ _ _ _ -- _ _ _ Fee Paid: $
Lqig� Garfield County
PAYMENT AGREEMENT FORM
GARFIELD COUNTY ("COUNTY") and Property Owner ("APPLICANT") 1-' WIF-S
agree as follows:
1. The Applicant has submitted to the County an application for the following Project:
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The Applicant understands and agrees that Garfield County Resolution No. 2014-60, as
amended, establishes a fee schedule for each type application, and the guidelines for the
administration of the fee structure.
The Applicant and the County agree that because of the size, nature or scope of the
proposed project, it is not possible at this time to ascertain the full extent of the costs
involved in processing the application. The Applicant agrees to make payment of the Base
Fee, established for the Project, and to thereafter permit additional costs to be billed to the
Applicant. The Applicant agrees to make additional payments upon notification by the
County, when they are necessary, as costs are incurred.
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service determined necessary by the Board of County Commissioners for the
consideration of an application or additional County staff time or expense not covered by
the Base Fee. If actual recorded costs exceed the initial Base Fee, the Applicant shall pay
additional billings to the County to reimburse the County for the processing of the Project.
The Applicant acknowledges that all billing shall be paid prior to the final consideration by
the County of any Land Use Change or Division of Land.
I hereby agree to pay all fees related to this application:
Billing Contact Person: -M 41� Hci2�k�,r— Phone: (q -1n ) 30 I
Billing Contact Address: GU►J V,100 W -
City: �C�JJo�7 ��P+����t� State: if C, Zip Code:
Billing Contact Email: -1MGGu(-L-C-CC-,AOT"OHL-I Ciok--Ik
Printed Name of Person Authorized to Sign: t-Zt (V<-" " - {G�
(Signature)
A- - t6i •'Lo2v
(Date)
triol
This is a narrative describing the waiver request for Mike and Mary McPhee
839 Sun King Drive Glenwood Springs CO 81601
We are planning to construct an Accessory Dwelling Unit <1000 sq. ft. in conjunction with the
construction of a detached garage on our property. Our property size is 1.965 acres, and the Land Use
and Development Code contains the requirement that for an ADU, the minimum lot size is " the
minimum lot size in that zone district", which in this case is 2 acres for a Rural Zone District.
We are requesting a waiver from this Standard for minimum lot size for an ADU.
Land Title Guarantee Company Representing Old Republic National Title Insurance Company
Schedule A
Order Number: GW 63008714 Policy Number: 0X63008714.421047
Amount: $350,000.00
Property Address:
839 SUN KING DRIVE, GLENWOOD SPRINGS, CO 81601
1. Policy Date:
May 29, 2014 at 5:00 P.M.
2. Name of Insured:
MICHAEL M. MCPHEE AND MARY E. MCPHEE
3. The estate or interest in the Land described or referred to in this Schedule and which is covered by
this policy is:
A FEE SIMPLE
4. Title to the estate or interest covered by this policy at the date is vested in:
MICHAEL M. MCPHEE AND MARY E. MCPHEE
5. The Land referred to in this Policy is described as follows:
ATRACT OF LAND IN THE WEST 1/2 NORTHWEST 1/4 SECTION 22, TOWNSHIP 7 SOUTH, RANGE 89
WEST OF THE 6TH PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4
WHENCE THE NORTHWEST CORNER OF SECTION 22, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF
THE 6TH PRINCIPAL MERIDIAN BEARS AZIMUTH 01 DEGREES 01 MINUTES 23 SECONDS, A
DISTANCE OF 1348.20 FEET;
THENCE AZIMUTH 1 DEGREES 01 MINUTES 23 SECONDS, A DISTANCE OF 408.20 FEET,
THENCE AZIMUTH 103 DEGREES 21 MINUTES 16 SECONDS, A DISTANCE OF 260.94 FEET,
THENCE 188.70 FEET ALONG AN ARC OF A CURVE TO THE LEFT WITH A CENTRAL ANGLE OF 34
DEGREES, RADIUS OF 317.99 FEET, THE CHORD BEARS AZIMUTH 197 DEGREES 15 MINUTES 18
SECONDS, A DISTANCE OF 185.94 FEET,
THENCE 117.93 FEET ALONG AN ARC OF A CURVE TO THE RIGHT WITH A CENTRAL ANGLE OF 38
DEGREES, RADIUS OF 177.82 FEET, THE CHORD BEARS 199 DEGREES 15 MINUTES 22 SECONDS, A
DISTANCE OF 115.78 FEET;
THENCE AZIMUTH 218 DEGREES 15 MINUTES 19 SECONDS, A DISTANCE OF 275.54 FEET;
THENCE AZIMUTH 1 DEGREES 01 MINUTES 23 SECONDS, A DISTANCE OF 155.41 FEET TO THE
POINT OF BEGINNING.
COUNTY OF GARFIELD
STATE OF COLORADO
This Policy Valid only if Schedule B is attached.
Land Title Guarantee Company Representing Old Republic National Title Insurance Company
(Schedule B)
Order Number 63008714 Policy Number 0X63008714.421047
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING:
1) (A) UNPATENTED MINING CLAIMS, (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS
AUTHORIZING THE ISSUANCE THEREOF: (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER.
2) 2014 TAXES AND ASSESSMENTS NOT YET DUE OR PAYABLE,
3) RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE THEREFROM
SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES AS RESERVED IN UNITED
STATES PATENT RECORDED OCTOBER 31, 1894, IN BOOK 12 AT PAGE 3_36 AND RECORDED NOVEMBER 14,
1898 IN BOOK 12 AT PAGE 495,
4) RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES
AS RESERVED IN UNITED STATES PATENT RECORDED OCTOBER 31, 1894, IN BOOK 12 AT PAGE 336 AND
RECORDED NOVEMBER 14, 1898 IN BOOK 12 AT PAGE 495.
5) THE RIGHT OF THE PIPELINE AND TO THE USE OF WATER THROUGH THE PIPELINE NOW IN PLACE
AND TAKING WATER FROM A SPRING SITUATED ABOUT 900 FEET SOUTHERLY FROM THE RESIDENCE AS
MENTIONED IN WARRANTY DEED TO EMERY E. ARBANEY AND BEULAH M. ARBANEY RECORDED AUGUST
19, 1949 IN BOOK 244 AT PAGE 357 AS DOCUMENT N0, 169535.
6) UNDIVIDED ONE-HALF INTEREST IN ALL OIL, GAS AND OTHER MINERAL RIGHTS, AS RESERVED BY
EMERY E. ARBANEY AND BEULAH M. ARBANEY IN THE DEED TO FLOYD E. BACHMAN AND HELEN A.
BACHMAN RECORDED NOVEMBER 4, 1959 IN BOOK 321 AT PAGE 334 AS RECEPTION NO. 207275 AND ANY .
AND ALL ASSIGNMENTS THEREOF, OR INTERESTS THEREIN.
7) THE EFFECT OF THE RESERVATION OF AN UNDIVIDED ONE-HALF INTEREST IN ALL OIL, GAS AND
OTHER MINERAL RIGHTS, AS RESERVED BY FLOYD E. BACHMAN AND HELEN A. BACHAMN 1N THE DEED TO
DON LAWSON LYNCH AND CHRISTINE G. LYNCH, RECORDED JULY 24, 1961 IN BOOK 335 AT PAGE 2B2 AS
RECEPTION NO. 214544, AND ANY AND ALL ASSIGNMENTS THEREOF, OR INTERESTS THEREIN.
8) THE EFFECT OF THE RESERVATION OF: AN UNDIVIDED ONE-HALF INTEREST IN ALL OIL, GAS AND
OTHER MINERAL RIGHTS, AS RESERVED BY DON LAWSON LYNCH AND CHRISTINE F. LYNCH IN THE DEED
TO HAROLD H. QUIMBY AND WANETA QUIMBY RECORDED JANUARY 14, 1966 IN BOOK 372 AT PAGE 389 AS
RECEPTION NO. 233134, ANDANY AND ALL ASSIGNMENTS THEREOF, OR INTERESTS THEREIN.
9) EASEMENTS, RIGHTS OF WAY AND OTHER MATTERS ASSET FORTH ON THE PLAT OF OAK MEADOWS -
FILING ##2, RECORDED JULY 8, 1971 AS RECEPTION NO. 250268,
10) RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER CLAUSE, BUT
OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX,
SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN,
ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO
THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY'APPLICABLE LAW AS CONTAINED
IN INSTRUMENT RECORDED JULY 09, 1971, IN BOOK 420 AT PAGE 46 AND AS AMENDED IN INSTRUMENT
RECORDED JANUARY 28, 1974, 1N BOOK 454 AT PAGE 33 AND AS AMENDED IN INSTRUMENT RECORDED
JUNE 28, 1985, IN BOOK 671 AT PAGE 458.
11) EASEMENTAS CONTAINED IN INSTRUMENT RECORDED NOVEMBER 13, 1989 IN BOOK 766 AT PAGE
836.
12) ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE
FOLLOWING FACTS SHOWN ON IMPROVEMENT LOCATION CERTIFICATE CERTIFIED SEPTEMBER 07, 2005
PREPARED BY SCARROW & WALKER INC., JOB #92144
SAID DOCUMENT STORED AS OUR ESI 19093669
eGarfield County
CERTIFICATION OF MINERAL OWNER RESEARCH
This form Is to be completed and submitted with any application fora Land Use Change Permit.
Mineral interests may be severed from surface right interests in real property. C.R.S. § 24-65.5-101, et seq,
requires notification to mineral owners when a landowner applies for an application for development from a
local government. As such, the landowner must research the current owners of mineral interests for the
property.
The Garfield County Land Use and Development Code of 2413 ("LUDC") Section 4-101(E)(1)(b)(4) requires
written notice to owners of mineral interests in the subject property in accordance with C.R.S. § 24-65.5-101,
et seq, "as such owners can be identified through the records in the office of the Clerk and Recorder or
Assessor, or through other means." This form is proof of applicant's compliance with the Colorado Revised
Statutes and the LUDC.
The undersigned applicant certifies that mineral owners have been researched fur the subject property as
required pursuant to C.R.S. § 24-65.5.101, et seq, and Section 4.101(E)(1)(b)(4) of the Garfield County Lend
Use and Development Code, as amended. As a result of that research, the undersigned applicant certifies
the following (Piease initial on the blank line next to the statement that accurately reflects the result of
research);
_ I own the entire mineral estate relative to the subject property; or
x Minerals are owned by the parties listed below
The names and addresses of a ny and all mineral owners identified are provided below (attach additional pages
as necessary):
Name of Mineral Owner
Mailing Address of Mineral Owner
I acknowledge I reviewed C.R.S. § 24-65.5-101, et seq, and I am In compliance with said statue and the
LUDC.
Applicant's Signature Date
�c Garfield County
Community Development Department
108 8'h Street, Suite 401
Glenwood Springs, CO 81601
(970) 945-8212
www.r.arrield-count,"Lcom
TAX PARCEL NUMBER: 2395-222-00-004 DATE: 2125120
PROJECT: McPhee Waiver Request
OWNER: Michael M. and Mary E. McPhee
PRACTICAL LOCATION: 839 Sunking Dr. Glenwood Springs, CO 81601
TYPE OF APPLICATION: Waiver Request from Minimum Lot Size for an ADU
ZONING: Rural (R)
GENERAL PROJECT DESCRIPTION
The Applicants are planning to construct an Accessory Dwelling Unit (<1,000 sq.ft.) in
conjunction with the construction of a detached garage on their property. Research by
County Staff, including Casey Lawrence with the Assessor's Office has determined that the
lot was legally created, however, it is just less than 2 acres in size at 1.965 acres. Section
7-701(A)(4) of the Land Use and Development Code contains the requirement that for an
ADU, the minimum lot size is "the minimum lot size in that zone district", which in this case
is 2 acres for the Rural zone district. Pursuant to Section 4-118, Waiver of Standards the
Applicant can request a waiver from the standard for minimum lot size for an ADU, to allow
the ADU on the 1.965 acre lot. An ADU is a Permitted Use in the Rural Zone District.
II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS
The following Sections of the Garfield Land Use and Development Code as amended apply
to the proposed Application:
> Section 7-118 - Waiver from Standards including the review criteria in Section 7-
118(C)
9 Table 4-102 Common Review Procedures and Required Notice
Table 4-201 Submittal Requirements
Section 4-203 Description of Submittal Requirements
Section 4-103 Administrative Review and Section 4-101 Common Review
Procedures
Article 7-701 (A) Accessory Dwelling Unit Standards
111. SUBMITTAL REQUIREMENTS
As a convenience outlined below is a list of information typically required for this type of
application. It is recommended that the outline be utilized as a check list for submittal:
❑ General Application Materials including the Application Form (signed), payment of
Fees and signed Payment Agreement Form.
❑ A narrative describing the waiver request and related information.
❑ Proof of Ownership (title work or copy of a deed).
❑ Names and mailing addresses of property owners within 200 ft. of the subject
property. Mapping showing the ownership is recommended.
❑ Mineral rights ownership for the subject property including mailing address.
❑ If -owner intends to have a representative complete the Application and processing,
then an authorization letter is needed.
❑ Copy of the Preapplication Summary needs to be submitted with the Application.
❑ Response to the ADU Standards in Section 7-701(A)
❑ Response to Waiver Criteria in Section 4-118(C)
❑ A Vicinity Map for use in the required public notice is needed. The vicinity map
should include that area within approximately 3 miles of the proposal and be on an
8'/2 " x 11 " format to allow attachment to the public notice.
❑ An overall site plan or improvement location survey.
❑ Description of relationship to adjoining properties and improvements.
❑ Copies of any relevant Homeowners Association Documents or Covenants.
IV. REVIEW PROCESS
The review process shall follow the steps contained in Table 4-102 and Section 4-103 for
an Administrative Review, summarized as follows:
➢ Pre -application meeting.
➢ Submittal of the Application (3 copies plus one CD or USB Stick). The Electronic
copy needs to use a PDF format.
➢ Completeness Review.
➢ Additional submittals if needed.
➢ Referrals if needed.
➢ Setting a date for the Director's Decision.
➢ Public Notice 15 days prior to the Director's Decision to property owners within 200
ft. and mineral rights owners on the subject property.
➢ Director's Decision including any conditions.
➢ 10 day Call-up Period.
➢ Satisfaction of any conditions of approval.
➢ Finalize, execute, and record the waiver approval document.
Public Hearing(s): X No Public Hearing, Directors Decision (with notice per code)
Planning Commission
Board of County Commissioners
Board of Adjustment
Referral Agencies: May include but is not limited to: Garfield County Assessor's
Office, Building Department, Homeowners Association.
V. APPLICATION REVIEW FEES
Planning Review Fees: $250
Referral Agency Fees: $na
Total Deposit: $250 (additional hours are billed at hourly rate of $40.50)
VI. GENERAL APPLICATION PROCESSING
The foregoing summary is advisory in nature only and is not binding on the County. The
summary is based on current zoning, which is subject to change in the future, and upon
factual representations that may or may not be accurate. This summary does not create a
legal or vested right, The summary is valid for a six month period, after which an update
should be requested. The Applicant is advised that the Application submittal once accepted
by the County becomes public information and will be available (including electronically) for
review by the public. Proprietary information can be redacted from documents prior to
subm ittal.
Pre -application Summary Prepared by:
Glenn Hartmann, Principal Planner
Date
Response to ADU Standards in Section 7-701(A)
The maximum floor area for the ADU will not exceed 1000 square feet.
The ADU will be restricted as a lease -hold interest dwelling unit and is for residential or home office, or
business use only.
Construction shall comply with the Standards set forth in this code and with the Building Code
requirements.
Response to Waiver Criteria in Section 4-118(C)
The Subject Standard is 2.0 Acres, or 87,120 square feet. Our Waiver request is for 85,595 square feet, a
difference of only 1,595 sq. ft. We feel that this is a small amount and will not negatively impact
adjacent properties. This would have the same occurrence as the 2.0 acre standard.
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Date created: 3/2/2020
Last Data U ploaded: 3/2/2020 2:06:10 AM
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Description of relationship to adjoining properties and improvements:
The proposed structure is 95 feet from one adjoining property and 265 feet from the other adjoining
property. The natural foliage will be as undisturbed as possible. The area will require us to remove
approximately 1000 square feet of scrub oak only.
Copies of relevant Homeowners Association Documents and explanation:
The original HOA documents were established in 1971. It was last revised in 1985.
We failed to find any updated meeting/covenants since that time.
According to LACHES, ( Lack of diligence and activity in taking a legal claim, or moving forward with Legal
enforcement of a right, particularly in regard to equity; hence, it is an unreasonable delay that can be
viewed as prejudicing the opposing party.) we believe that there is no governing HOA or Covenants
preventing us from moving forward with this waiver.
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KN6W ALL MEN BY THE;S.E PRESENTS, that the DIEGO'ENTERPRISES, ~.
INC. PENSION PLAN and the DIEGO. ENTERPRISE -Sr.. INC. .PROFIT SH&RING
PLAN, being the owners of the land described herein and being
desirous 'of protecting the property value .thereof and: protecting
the health, convenience,- :welfa:ce and use of the owi gra of- said
piog.erty,' do .hereby denlare ane adopt r_be. restrichiQns. in use
and .'building restrictions`- which shall be applicable :�o and run'
with said property $R`4
The property to which these Protective Covenants shall :apply
:.
is described as follows. s
Beginning at the South-West corner of the Northwest.
' quarter of .the Northwest quarter,whence the Nortbwest
corner of Sect -ion 22,Township 7 South, Range 89 West
x� of the 6th P.M. bears AZ 01'01'23" a distance of .c
.1348.20. feet; • .thence AZ 01°01' 23" 408.2_0' feet; thence , .
AZ 103021'16" 260.94 feet; thence 83.70 feet along an
narc .of a carve to the left with a central angle of 34
a.rad-us of 317.99 feet; the cord bears AZ 1.97'15 '18" a' �
f distance of .185.94 . fee` ; thence 1.17.93 feet along an
arc of a curve to the right with a central angle ofs
38°, a radius of 177.82 feet;' the cord bears 199°.15'22" * es
b
.= a distance of li5.78 feet; ;hence AZ 21,8.'15'19" 275.54'
$ feet; thence AZ 01°01'23" 155.41 feet to the point of
beginning, containing 2 acres, more.. or less, .Ga.rfielud
' County, State .of Colorado.
The above-described property. shall be subject to all F
�t
'Protective Covenants, -as the. same are in effect ormay be
11
:amended, which affect. the Oak Meadows. Subdivision, Filing.No. 21 4
Garfield County, Colorado, according to the plat thereof filed .
c� with the office of the Clerk and Recorder of Garfield County,''
Colorado,. as Document '4o. .. 7.50268. These Covenants shall run '
with the property here?n ,;:iescribed for the benefit of all lots. ,
A in said subdivision.
t Dated this 2-J day of Jli/1,985.;
t DIEGO ENTERFRISL INC. °y
PENSION PLAN
.• nus ee �_— �
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M JUN 2'61985
;
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ytrt � 1ct�� e c1 rCAlIdr"
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ApVit,:
PROTECTIVE COVEyANTS 1 i, rrr
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KN6W ALL MEN BY THE;S.E PRESENTS, that the DIEGO'ENTERPRISES, ~.
INC. PENSION PLAN and the DIEGO. ENTERPRISE -Sr.. INC. .PROFIT SH&RING
PLAN, being the owners of the land described herein and being
desirous 'of protecting the property value .thereof and: protecting
the health, convenience,- :welfa:ce and use of the owi gra of- said
piog.erty,' do .hereby denlare ane adopt r_be. restrichiQns. in use
and .'building restrictions`- which shall be applicable :�o and run'
with said property $R`4
The property to which these Protective Covenants shall :apply
:.
is described as follows. s
Beginning at the South-West corner of the Northwest.
' quarter of .the Northwest quarter,whence the Nortbwest
corner of Sect -ion 22,Township 7 South, Range 89 West
x� of the 6th P.M. bears AZ 01'01'23" a distance of .c
.1348.20. feet; • .thence AZ 01°01' 23" 408.2_0' feet; thence , .
AZ 103021'16" 260.94 feet; thence 83.70 feet along an
narc .of a carve to the left with a central angle of 34
a.rad-us of 317.99 feet; the cord bears AZ 1.97'15 '18" a' �
f distance of .185.94 . fee` ; thence 1.17.93 feet along an
arc of a curve to the right with a central angle ofs
38°, a radius of 177.82 feet;' the cord bears 199°.15'22" * es
b
.= a distance of li5.78 feet; ;hence AZ 21,8.'15'19" 275.54'
$ feet; thence AZ 01°01'23" 155.41 feet to the point of
beginning, containing 2 acres, more.. or less, .Ga.rfielud
' County, State .of Colorado.
The above-described property. shall be subject to all F
�t
'Protective Covenants, -as the. same are in effect ormay be
11
:amended, which affect. the Oak Meadows. Subdivision, Filing.No. 21 4
Garfield County, Colorado, according to the plat thereof filed .
c� with the office of the Clerk and Recorder of Garfield County,''
Colorado,. as Document '4o. .. 7.50268. These Covenants shall run '
with the property here?n ,;:iescribed for the benefit of all lots. ,
A in said subdivision.
t Dated this 2-J day of Jli/1,985.;
t DIEGO ENTERFRISL INC. °y
PENSION PLAN
.• nus ee �_— �
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:F
DIEGO ENTERPRISES, INC..
PROFIT SHARING . PLAN-
Tri stee
a
STATE OF COLORADO')
} ss.
i
County of
}
The foregoing
'instr_urlent .was ackno+.Tledg d before me this
.� day of
, 1985, py.. 5. ,
Trustee of Ds.e Enterprises, Inc. -Pe ion" Plan..
i
WITNESS my .hand
and :official seal.
`
{!'Ek�1ulCQa ission expires:
�09-30 `p
\\°
P Uig
�
; ..,. ..-•"�'
Notary Public
-
.L4'
ST,kTE OF COLORADO
ss.
County of
]
The foregoing
instrument was acknowledcl ed before me this
`•s
day of - 1.��
1985, by
e
Trustee of DieTo Enterprises,
Inc. Pr6fit Sharing Plan.
WITNESS my hand
and official seal
=
s.
m_
My Comssion.:expi.res: /ZZ ,�- .7
Notary Public
Soak 420 Recorded at 10:44 A.M. 31117 9, 1971
Page 416 Reception No. 250283 Ella Utephens,Recorder.
PROTWTIVE COVENANTS FOR OAR KUXH KS SUBDIVISION,
FILING NUMBER TWO, LDC TLD IN GARFIELU i U T Y COLORADO.
KNUW ALL MW BY TAE88 PRESENTS that HOWARD U. MOT'd, bring the
owner of the land comprising the oak Meadows Subdivision, Filing Number
Two, located in Garfield County, Colorado, and being desirous of pro-
tecting property values, and protecting the health, convenience, welfare
and use of the owners of lots within said Subdivision, does hereby declare
and adopt the following use and building restrictions each and all of
which Shall be applicable to and run with the lots in oak Meadows Sub-
aivieion. riling Number Two, as the same appear on the plat filed for
record an July 8, 1Wl as Document Na. 250268 in the office of the
Garfield County Clerk and Recorder, said reatrictions being as follows,
1. Tho greporty in said Subdivision in intended to be developed
for single family residential purposes only. No more than one detached
single family dwelling shall be erected upon any one building Atte, except-
ing such appropriate accessory buildings a: a guest house, private garage.
barn and utility building. Said acevSsory buildings, except the guest
house, shall not exceed, in arae: 15% of the number of Square feet in the
principal dwellinq on Said building site and said accessory buildings
Shall blend with and compliment the general architectural scheme and design
of the family dwelling. No bui}ding or structure intended for or adapted
to business, commercial or manufacturing purposes, nor any multiple family
dwelling, shall be erected, plated, maintained. or permitted upon Such
property. No guest house shall be rented at any time except in connection
with the principal dwelling an permitted under Paragraph b hereof.
2. The re -subdivision of a lot is prohibited. except lots 12
and 23, a portion of which may be dedicated for roadway purposes prior
to sale thereof by the undersigned.
3. No structures of any sort, on any lot, shall he constructed
closer than twenty-five (25) feet to any side lot line or closer than fifty
(50) feet from any front lot line. Also, no hedges or fence shall be
constructed, grown or maintained on any lot in the subdivision higher than
441 feet. or trees higher than 25 feet in height, bat this restriction
shall not apply to any natural growth within the area or to patio fences
in connectian with dwellings.
4. No structure of a temporary character, trailer, basement,
tent, shack, garage, barn, or any other outbuildinge OR any description
:hall be used on
Snp lot ae a residence except on a temporary basis net
exceeding alx (6) months while construction of the dwelling is in progress.
5. There shall not be permitted or maintained upon any lot or
any part thereof, any trade, business of industry, except that owners may
rent or lease for residential purposes, wilennat required for the owmer's
use.
Book 420
Page 417
6. The minlmma also of any house erected shall not be less titian
1Z00 square feet measured on the outside valla not including open porches,
garages, or carports,
7. Each residence shell contain at least one fully equipped
bathroom and all sewage shall be diepoaed of by means of an individual
mechanical sewage treatment facility or septic tank and leach field
as shall be approved by the Colorado State Health Department and local
health agencies having jurisdiction thereof. Mechanical sewage treatmant
facilities shall be utilized on such lots as may pollute or threaten to
pollute ground or surface waters. No lot shall be used in any manner or
for any parposo that would tend to pollute nearby streams or other sources
of water.
s. The keeping of livestock, poultry, goats and other animals
within the subdivision shall be prohibited, except that this restriction
shall not apply to family pets and a maximus of one hare& or cow or calf
per acre; provided that said animals are well kept and provided for and
do not became a health hazard or nuisance to the neighborhood.
9. No noxious or offennive•eonduat or aftivity shall be carried
on upon any lot or in any structure thereon which may constitute a health
hazard, relaacce or annoyance to the neighborhood.
10. The outside burning of any trash, rubbish or other
materials shall be absolutely prohibited. Standard and approved
barbequca and firopladoa shall be allowed for the preparation of food-
atuffs only.
11. No gas lines, light and power lines, telephone lines or
television cables aball be permitted unless said lines are buried under-
ground and out of sight from their primary source at the lot line to the
dwelling and at the owner's expense.
12. 7be owner of any lot in said subdivision shall complete
construction of any structure thereon within one (1) year after commence-
ment.
13. The owner of any lot shall keep the same clear and fro*
of rubbish and trash and shall keep the structures thereon in good repair,
doing such maintenance as may be required for this purpose.
14. No building shall be placed upon the property herein by
means of other than new conatruction; it being the purpose of this
covenant to insure that old buildings will not be moved from previous
locations and placed upon property in cold subdivision.
1S. No structure shall be placed upon any lot which is, or ever
has been, or could be made the subject of a specific ownership tax as now
defined in chapter 13 of the Colorado Revised Statutes, 1963.
16. No billboards, signs, or other advertising devices of any
nature shall be erected, placed, maintained or permitted upon the property
in said subdivision; provided that this restriction shall not be cora trued
to prevent appropriate name and address signs and signs that advertise
the property for sale or rent insofar as it in necessary to promote
the sale and development of such property.
-2-
Book 420
Page 418
17. Bo hunttag, shooting, trapping or otherwise killing or
harming of wildlife shall be permitted in the subdivision, it being the
intent hereof to conserve and protect all wildlife to the fullest extent
possible.
19. No structures shall be placed or located on any lot in such
a manner that will obstruct, divert or otherwise alter the natural water
drainage courses and patterns. Likowiso, no landscaping or changes to
the existing terrain shall be made which shall obstruct, divert or other-
wise alter such drainage.
19. The existing foliage and vegetation on each lot shall be
proserved in me near a natural state as possible. To thin end, the some
shall not be removed further than twenty feet from the foundation lines
of any structure and only to the extent necessary to install driveways,
sidewalks and sewage disposal facilities.
20. No building shall be erected, placed or altered on any
lot or building site until the construction plans and specifications and
a plan showing the location of the structure has been approved by the
Architectural Control committee as to the quality of workmanship and
materials, harmony of external design with the subdivided area and with
existing structures and as to loeatinn with respect to topographical
finished grade elevation.
21. Easements and rights of way in perpetuity are hereby
reserved for the erection, construction,maintenance and operation of
wires, cables, pipe, conduits and apparatus for the transmission of
electrical current, telephone, television and radio lines and for the
furnishing of water,gas, sewer service, or for the furnishing of other
utility purposes, together with the right to entry for the purpose of
installing, maintaining and improving said utilities along, across,
upon and through a strip of land ten feet in width along all interior lot
lines of all lots and ten feet in width along all outside boundary lines
of the subdivision.
22. The initial members of the Architectural Control Committee
shall be Howard U. Motz, D. Jeanne Metz and Harold I. Motz. within 10
days immediately following the sale of the tenth lot in the subdivision,
Rarold I. Metz, or hia replacement, shall resign from the Committee and
the two remaining members of the Committee shall appoint in his stead a
purchaser of one of the first ten lots sold; within 10 days immediately
following the sale of the twentieth lot in the subdivision, D. Jeanne Motz,
or her replacement, shall resign from the Committee and the two remain-
ing members shallappoint in her stead a purchaser of one of the first
twenty lots sold. A majority of the Committee may designate a representa-
tive to act for it. In the event of death, resignation or inability to
act of any of the members of the Committee the remaining members of the
Committee shall have full authority to designate a successor. Neither
the members of the Committee, nor his designated representative shall be
entitled to any compensation for services performed pursuant to this
-3-
Hook 420
! Page 419
-covenant; At any time the then record owners of the majority of the lots
In the subdiviaiod shall have the power through any duly recorded inatrwmnt
to change the membership of said Committee.
23. The Architectural Control Committee's approval or dis-
approval as required In these covenants shall be in writing. In the
event the Committee, or its designated representatives, fail to approve
or disapprove within thirty (30) days after plans and specifications
have been submitted to it the same shall be deemed to have been approved.
24. The Architectural Control Committee may grant a reasonable
variance or adjustment of these conditions and restrictions in order to
overcome practical diffieultics and prevent unnecessary hardships arising
by reason of the application of the restrictions contained herein. Such
variances or adjustments shall be granted only in case the granting thereof
shall not be materially detrimental or injurious to other property or
improvements of the neighborhood and shall not defeat the general intent
and purpose of these restrictions.
25. These covenants are to run with the land and shall be
binding upon all parties and all persons claiming under thew until
January 1, 1981, at which time said covenants shall be automatically
extended for successive periods of ten (10) years, unless by vote reflected
by signed documents duly recorded by the majority of the then ownars, it
is agreed to change said covenants in whole or in part.
26. If any lot owner or persons acting by, through or under
him should violate or attempt to violate any of the Covenants herein
stated, it shall be lawful for the Architectural Control Committee, or
any other person or persons, owning lots in said subdiviston to pro-
secute any suit in law or in equity to restrain and enjoin the violation
of such covenants and to recover damages for such violations and to
recover all costa and attorney fees necessary to enforcethe provisions
of these covenants.
27. The Invalidation of any one of these covenants by judgment
or court order shall in no wise effect any of the other provisions.
which shall remain in full force and effect.
Date(] this 8th day of Jul 1971_
HOWAEtD 0_
-4-
When recorded, return to:
NBH Bank
Attn: Final Document Department
1899 Woodmoor Drive
Monument, CO 80132
Title Order No.: GTFS3014556
[Space Above This Line For Recording Datal
DEED OF TRUST
MIN 1009931-0000021238-6
MFRS PHONE #:1-888-679-6377
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13,
18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16.
(A) "Security Instrument" means this document, which is dated February 4, 2020, together with
all Riders to this document.
(B) "Borrower" is MICHAEL M MCPHEE AND MARY E MCPHEE.
whose address is 839 Sun King Drive, Glenwood Springs, CO 81601.
Borrower is the trustor under this Security Instrument.
(C) "Lender" is NBH Bank,
Lender Is a Colorado Corporation, organized and existing
under the laws of The United States of America.
Lender's address is 5175 North Academy Blvd., Colorado Springs, CO 80918,
(D) "Trustee" is the Publ!c Trustee of GarFleld County, Colorado
(E) "MERS" is Mortgage Electronic Reg,stralion Systems, Inc, MERS is a separate corporation that is acting solely as
a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument.
MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box
2026, Flint, M148501-2026 tel. (888) 679-MERS
(F) "Note" means the p-vmissory note s.gned by Borrower and dated February 4, 2020. The Note
slates that Borrower owes Lender THREE HUNDRED THOUSAND AND NO1100' ..... ' ... ' ' ' "' * ' "' ' ' '
.......... . ................ . ........................ Dogars (U.S, $300,000.00 )
Plus Interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt ;n full not later
than March 1, 2050.
(G) "Property" means the properly that is described below under the heading -Transfer of Rights in the Property,'
(H) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under
the Note, and all sums due under ih:s Security Instrument, plus interest
COLORADO - Single Family Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3006 1101
Cilie Mae. Inc Pagel of 9 COEDEED 0916
COEDEED (CLS)
0710 9120 20 08:48 AM PST
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(1) "Riders" means all Riders to this Security Instrument that are executed by Borrower The following Riders are to be
executed by Borrower {check box as applicable].
❑ Adjustable Rale Rider ❑ Condominium Rider ❑ Second Home Rider
❑ Balloon Rider ❑ Planned Unit Development Rider ❑ 1-4 Family Rider
❑ Biweekly Payment Rider ❑ V.A. Rider
❑ Other(s) [specify[
(J) "Applicable Law" means all controlling applicable federal, slate and local statutes, regulations, ordinances and admin-
istrative 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 Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or
similar paper instrument, 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 to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire
transfers, and automated clearinghouse transfers.
(M) "Escrow Items" means those items that are described in Section 3.
(N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any
third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or
destruction of, the Property; (ii) condemnation or other laking of all or any part of the Property; (iii) conveyance in lieu
of condemnation, or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Properly,
(0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan.
(P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus
(ii) any amounts under Section 3 of this Security Instrument.
(0) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing
regulation, Regulation X (12 C.F.R. Part 1024), 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' even if the
Loan does not quality as a 'federally related mortgage loan' under RESPA.
(R) "Successor 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 IN THE PROPERTY
The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns)
and the successors and assigns of MFRS. This Security Instrument secures to Lender: (i) the repayment of the Loan,
and all renewals, extensions and modifications of the Note, and (ii) the performance of Borrower's covenants and
agreements under this Secur.ly Instrument 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 Fn the County of Garfield
(Type c Recording Jurtsdiclan] (Name of Recording Jurisdic*ral:
A TRACT OF LAND IN THE WEST 112 NORTHWEST 114 SECTION 22, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF
THE 6TH PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST 114 OF THE NORTHWEST 114 WHENCE THE
NORTHWEST CORNER OF SECTION 22, TOWNSHIP 7 SOUTH, RANGE 89 WEST OF THE 6TH PRINCIPAL
MERIDIAN BEARS AZIMUTH 01701'23", A DISTANCE OF 1348.20 FEET;
THENCE AZIMUTH 1701'23", A DISTANCE OF 408.20 FEET,
THENCE AZIMUTH 103721'16", A DISTANCE OF 260.94 FEET;
THENCE 188.70 FEET ALONG AN ARC OF A CURVE TO THE LEFT WITH A CENTRAL ANGLE OF 347, RADIUS
OF 317.99 FEET; THE CHORD BEARS AZIMUTH 1977 1618", A DISTANCE OF 185.94 FEET, THENCE 117.93
FEET ALONG AN ARC OF A CURVE TO THE RIGHT WITH A CENTRAL ANGLE OF 387, RADIUS OF 177.82
FEET, THE CHORD BEARS 19971572", A DISTANCE OF 115.78 FEET;
THENCE AZIMUTH 218715'19", A DISTANCE OF 275.54 FEET;
THENCE AZIMUTH 1701'23", A DISTANCE OF 155,41 FEET TO THE POINT OF BEGINNING.
COUNTY OF GARFIELD STATE OF COLORADO
APN #: 239522200004
which currently has the address of 839 Sun King Drive, Glenwood Springs,
(Slreell (Gly;
Colorado 81601 ('Property Address')
lzlp Code]
TOGETHER WITH all the improvements now or hereafter erected on the property. and all easements, appurtenances.
and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security
Instrument. All of the foregoing is referred to in this Security Instrument as the 'Property.' Borrower understands and
agrees that MFRS holds only legal title to the interests granted by Borrower in this Secur;ly Instrument, but, if necessary
to comply with law or custom MERS (as nominee for Lender and Lender's successors and assigns} has the right. to
exercise any or all of those interests, including, but not l mited to, the right to forec'ose and sell the Property, and to take
any action required of Lender including, but not limited la, releasing and canceling this Security Instrument.
COLORADO —Single Family - Fannie MaolFreddlo Mac UNIFORM INSTRUMENT Form X0061101
Ellie Mae. Inc. Page 2 of 9 COEDEED 0918
COEOEED (CLS)
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BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant
and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants
and will defend generally the title to the Property against all claims and demands. subject to any encumbrances of record
and liens for taxes for the current year not yet due and payable,
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay
when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges
due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the
Note and this Security Instrument shall be made in U.S. currency. However, it any check or other instrument received
by Lender as payment under the Note or this Security instrument is returned to Lender unpaid, Lender may require that
any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following
forms, as selected by Lender; (a) cash: (b) money order; (c) certified check, bank check, treasurer's check or cashier's
check, prov-ded any such check is drawn upon an institution whose deposits are insured by a federal agency,
instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such other
location as may be designated by Lender in accordance with the notice provis. ons in Section 15. Lender may return any
payment or partial payment if the payment or partial payments are insufficient to bring the Loan current, Lender may
accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or
prejudice to its rights to refuse such payment or partial payments -n the future, but Lender is not obligated to apply such
payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due dale,
then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes
payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either
apply such funds or return them to Borrower. If not applied earlier, such funds will be 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 shall relieve Borrower from making payments due under the Nate and this Security Instrument
or performing the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted
and applied by Lender shall be applied in the following order of priority: (a) Interest due under the Note; (b) principal
due under the Nate; (c) amounts due under Section 3. Such payments shall be appl.Ed to each Periodic Payment in the
order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts
due under this Security Instrument, and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount
to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than
one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the
Periodic Payments if, and to the extent that each payment can be paid in full. To the extent that any excess exists after
the payment is applied to the full payment of one or more Periodic Payments such excess may be applied to any late
charges due. Voluntary prepayments shall be app'ied first to any prepayment charges and then as described in the Note.
Any application of payments insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall
not extend or postpone the due date, or change the amount. of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Period;c Payments are due under the
Note, until the Note is paid in full, a sum (the'Funds") to provide for payment of amounts due for: (a) taxes and assess-
ments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property.
(b) leasehold payments or ground rents on the Property, if any; (c) premiums 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 are called
'Escrow Items.' At origination or at any time during the term of the Loan, Lender may require that Community Association
Dues. Fees, and Assessments, 4 any. be escrowed by Borrower, and such dues, fees and assessments shall be an
Escrow Item, Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower
shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligat-on to pay the Funds for any or
all Escrow Items. Lender may waive Borrower's obtgation to pay to Lender Funds for any or all Escrow Items 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 wh-ch payment of Funds has been waived by Lender and, if Lender requires,
shall fumish to Lender receipts evidencing such payment w,lhin such time period as Lender may require. Borrower's
obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and
agreement contained in this Securlty Instrument, as the phrase "covenant and agreement" is used In Section 9. If
Borrower is obligated to pay Escrow Items directly, pursuant to 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 any such amount. Lender 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, at any time, collect and ho,d Funds in an amount (a) sufficient to permit Lender to apply the Funds at
the time specified under RESPA. and (b) not to exceed the maximum amount a lender can require under RESPA. Lender
shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future
Escrow Items or otherwise in accordance with App'icable Law,
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
(including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall
COLORADO - Singte Famiiy - Fannie MaWreddie Mac UNIFORM INSTRUMENT Form 30061101
EINC Mae, Inc. Page 3 of 9 CCE0EE0 0916
COEnEEi7 (CLS)
W'WK'�iit'SU:4 07103/202006:48AMPST
apply the Funds to pay the Escrow Items no later 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 interest an the Funds and Applicable Law permits Lender to make such a charge Unless an agreement is
made in wnting or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower
any interest or eamings 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 account to Borrower for the excess
funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA. Lender shall notify
Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage In
accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined
under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to lender the amount necessary
to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any
Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes. assessments, charges, fines, 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 Assessments, if any. To the extent that these Mems are Escrow Items,
Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has pnority over this Security Instrument unless Borrower- (a) agrees
in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as
Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the
Igen in. legal proceedings which in Lender's op.nion operate to prevent the enforcement of the lien while those
proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an
agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part
of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a
notice identifying the lien. Wilh;n 10 days of the dale on which that notice is given. Borrower shall satisfy the hen or lake
one or more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a ane -time charge for a real estate tax verification and/or reporting service used
by Lender in connection with this Loan.
S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property
Insured against loss by fire, hazards included within the term "extended coverage," and any other hazards Including, but
not limited to. earthquakes and 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 carrier providing the insurance shall be
chosen by Borrower subject to Lender's right to disapprove Borrower's choice, wh ch right shall not be exercised unrea-
sonably Lender may require Borrower to pay in connection with this Loan, either (a) a one-time 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 remappings or similar changes occur which reasonably might affect such
determination 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 objec-
tion 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 is under no obligation to purchase any particular type 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 effect. Borrower acknowledges that the cost of the insurance coverage so obtained
might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender
under this Section 5 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 from
Lender to Borrower requesting payment.
All insurance policies required by Lender 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
an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires,
Borrower shall promplly 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 shalt name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof
of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance
proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of
the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair
and restoration period. Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity
to inspect such Property to ensure the 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 series 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 insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically
feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this
Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall
be applied in the order provided for in Section 2
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If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related
matters. If Borrower does not respond with -n 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 r ght to any refund of unearned premiums
paid by Borrower) under all insurance policies covering the Property. insofar as such rights are applicable to the
coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay
amounts unpaid under the Note or this Security instrument, whether or not then due.
6, Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60
days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal resi-
dence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not
be unreasonably withheld. or unless extenuating circumstances exist which are beyond Borrower's control.
T. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, dam-
age 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 A 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 pa d in connection with damage to, or the taking of, the Property, Borrower shall
be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may
disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is
completed, If the insurance or condemnalion proceeds are not sufficient to repair or restore the Property, Borrower is not
relieved of Borrower's obligation for the completion of such repa;r or restoration,
Lender or its agent may make reasonable entries upon and inspections of the Property. It it has reasonable cause,
Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or
prior to such an interior -nspection specifying such reasonable cause.
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,
misleading, or inaccurate information or statements to Lender (or failed to provide Lender with mater at information) in
connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's
occupancy of the Property as Borrower's principal residence,
9. Protection of Lender's Interest In the Property and Rights Under this Security Instrument. If (a) Borrower
fails to perform the covenants and agreements contained -n this Security Instrument. (b) there Is a legal proceeding that
might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a
proceeding In bankruptcy, probate, for condemnation or forfeiture, for enforcement of a I;en which may attain priority
over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender
may do and pay for whatever is reasonable or appropriate to protect Lender's interest In the Property and rights under
this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing
the Property. Lender's actions can include, but are not limited to. (a) paying any sums secured by a lien which has priorly
over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in
the Property and/or rights under this Security Instrument, Including its secured 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 w-ndows, drain water from pipes, eliminate building or other code violations or dangerous
conditions, and have utilities turned on 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
any 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 from Lender to Borrower requesting payment.
If this Security Instrument is on a leaseho;d, Borrower shall comply with all the provisions of the lease. Borrower shall
not surrender the leasehoid estate and interests herein conveyed or term -nate or cancel the ground lease. Borrower shall
not, without the express written consent of Lender, alter or amend the ground lease, It Borrower acquires fee title to the
Property, the leasehold and the fee title sha'I not merge unless Lender agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage insurance as a condition of making the Loan, Borrower shall
pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance
coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance
and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance
Borrower shall pay the prem'ums required to obtain coverage substantially equivalent to the Mortgage Insurance
previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in
effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage
is not available, Borrower shall cant -nue to pay to Lender the amount of the separately designated payments that were
due when the :nsurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-
refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the
fact 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 Insurance coverage (in the amount
and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained,
and Lender requires separately designated payments toward the premiums for Mortgage Insurance, If Lender required
Mortgage insurance as a condit'on of making the Loan and Borrower was required to make separately designated
payments toward the premiums for Mortgage Insurance. Borrower shall pay the premiums required to maintain
Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage
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Insurance ends in accordance with 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 rale provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if
Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agree-
ments with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions
[hat are satisfactory 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 of funds that the mortgage ,nsurer 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 insurer, any reinsurer, any other entity, or
any affiliate of any of the foregoing, may receive (directly or Indirectly) amounts that derive from (or might be characterized
as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's
risk, or reducing losses. If such agreement provides that an affiliale of lender lakes a share of the insurer's risk in exchange
for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance " Further:
(a) Any such agreements will not affect the amounts that Borrower has 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 Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage
Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to
receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage
Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were
unearned at the time of such cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and
shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repa-r of the Property,
if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and resto-
ration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to
inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection
shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of
progress payments as the work is completed. Unless an agreement is made In writing or Applicable Law requires Inter-
est to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings
on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be
lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not
[hen due, with the excess, if any, paid to Borrower. Such Miscellaneous 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 secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower.
In the event of a partial taking. destruction, or loss in value of the Property in which the fair market value of the Property
tmmedsately before the partial taking, destruction, or loss in value ;s equal to or greater than the amount of the sums
secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower
and Lender otherwise agree in writing. the sums secured by this Security Instrument shall be reduced by the amount
of the Miscellaneous Proceeds multiplied by the following fraction. (a) the total amount of the sums secured Immediately
before the partial tak ng, destruction, or loss in value divided by (b) the fair market value of the Property immediately
before the partial taking, destruct'on, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the
Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured
immediately before the part; at taking, destruction, or loss in value, unless Borrower and Lender otherwise agree In writ-
ing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the
sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as
defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender
within 30 days after the dale the notice is given, lender is authorized to collect and apply the Miscellaneous Proceeds
either to restoration or repair of the Property or to the sums secured by this Security Instrument, 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 :n regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, !n Lender's judg-
ment, could result in forfeiture of the Properly or other material impairment of Lender's interest in the Property or rights
under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided
in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes
forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security
Instrument, The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest
in the Property are hereby assigned and shall be paid to Lender,
All M:scellaneous Proceeds that are not applied to restoraVon or repair of the Property shall be applied in the order
provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment of modifica-
tion of amortization of the sums secured by this Security instrument granted by Lender to Borrower or any Successor in
Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender
shall not be requ'red to commence proceed'ngs against any Successor in Interest of Borrower or to refuse to extend time
for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand
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made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any
right or remedy including, without limitation, Lender's acceptance of payments from th rd persons, entities or Successors
in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of
any right or remedy.
17. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees
that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security
Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security instrument only to mortgage_
grant and convey the co-signer's interest in the Property under the teras of this Security Instrument, (b) is not personally
obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can
agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security instrument or
the Note without the co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations
under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits
under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this
Security Instrument unless 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 Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection 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, atlomeys' Tees, property inspection and valuation fees In regard to any other fees, the absence of express authority in
this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition an the charging of such
fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest
or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any
such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any
sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose
to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund
reduces principal, the reduction will be treated as a partial prepayment wlhout any prepayment charge (whether or not
a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made 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 notices given by Borrower or Lender In connection with this 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 notice address if sent by other means_ Notice to any
one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requ-res otherwise. The notice
address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender.
Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting
Borrower's change of address, then Borrower shall only report a change of address through that specified procedure
There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender
shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has
designated another address by notice to Borrower, Any 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
is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requ rement under
this Security Instrument.
16. Governing Law; Severability; Rules of Construction, This Security Instrument shall 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
Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly
allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against
agreement by contract. In the event that any provision or clause of this Security Instrument or the Nate conflicts with
Applicable Law, such Conflict shall not affect other provisions of this Security Instrument or the Note which can be given
effect without the conflicting provision.
As used in this Security Instrument: (a) 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 "may" gives sole discretion without any obligation to lake any action.
17. Borrower's Copy. Borrower shall be given one copy of the Nate and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, 'Interest In the
Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests
transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of wh_ch
is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural per-
son and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may requ re
immediate 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 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all
sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender
may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower.
19, Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have
the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of (a) five days
before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period
as Applicable Law might specify for the termination of Borrower's right to reinstate: or (c) entry of a judgment enforc ng
this Security Instrument. Those conditions are that Borrower (a) pays Lender all sums which then would be due under
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this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or
agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable
attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's
interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably
require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation
to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay
such reinstatement sums and expenses In one or more of the following torm6, as selected by Lender: (a) cash; (b) money
order, (c) 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 and obligations secured hereby shall remain fully effective as if no
acceleration had occurred, However, this right to reinstate shall not apply in the case of acceleration under Section 18,
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial Interest in the Note
(together with this Security Instrument) can be 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 unrelated to a sale of
the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which w II 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 otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant
or the member of a class) that arises from the other party's actions pursuant to this Security Instrument 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
15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such not.ce to take
corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that
time period wilt be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity
to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section
18 shall be deemed to satisfy the notice and opportunity to lake corrective action provisions of this Section 20-
21. Hazardous Substances. As used in this Section 21: (a)'Hazardous Substances' are those substances defined
as toxic or hazardous substances, 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 asbaslos or formaldehyde, and radioactive materials; (b) "Environmental Law- means federal laws and laws of
the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c)'Environmental
Cleanup' includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an
'Environmental Condition means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup,
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or
threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do,
anything affecting the Property (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 oondil;on 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 residenlal uses and to
maintenance of the Property (including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigat'on, claim, demand, lawsu:l or other action
by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or
Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited
to, 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 .s notified by any governmental or regulatory authority, or any private party, that any removal or
other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all
necessary remedial actions in accordance w,th Environmental Law. Nothing heren sha'I create any obligation on Lender
for an Environmental Cleanup.
NON-UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless
Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the
default; (c) a dale, not less than 30 days from the date the notice is given to Borrower, by which the default must be
cured; and (d) that failure to cure the default on or before the date specified In the notice may result in acceleration
Of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower
of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of
a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the dale
specified in the notice. Lender at Its option may require immediate payment In full of all sums secured by this Security
Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable
Law. Lender shall be entitled to collect all expenses Incurred In pursuing the remedies provided In this Section 22,
Including, but not limited to, reasonable attorneys' fees and costs of title evidence.
If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event
of default and of Lender's election to cause the Property to be sold. Lender shall mail a copy of the notice to
COLORADO - Single Family - Fannlo Mae/Freddie Mac UNIFORM INSTRUMENT Form 30061101
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Borrower as provided In Section 15. Trustee shall record a copy of the notice In the county In which the property
Is located. Trustee shall publish a notice of sale for the time and in the manner provided by Applicable Law and
shall mail copies of the notice of sale in the manner prescribed by Applicable Law to Borrower and to the other
persons prescribed by Applicable Law. After the time required by Applicable Law, Trustee, without demand on
Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place and under
the terms designated In the notice of sale In one or more parcels and in any order Trustee determines. Trustee
may postpone sale or any parcel of the Property by public announcement at the time and place of any previously
scheduled sale. Lender or its designee may purchase the Property at any sale.
Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time the purchaser
will be entitled to Trustee's deed. The recitals In the Trustee's deed shall be prima facie evidence of the truth of
the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all
expenses of the sale, Including, but not limited to, reasonable Trustee's and attorneys' fees; fib) to all sums
secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it.
22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall request that Trustee
release this Security Instrument and shall produce for Trustee, duly cancelled, all notes evidencing debts secured by
th,s Security Instrument. Trustee shall release this Security Instrument without further inquiry or liability. Borrower shall
pay any recordation costs and the statutory Trustee's fees.
24. Waiver of Homestead. Borrower waives all right of homestead exemption in the Property.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
Instrument and Q'ny Rid execute y Bir ower and recorded with it.
(Seal)
MIC 0 -L
M MCPHEE DATE
(seal)
MCPHE DATE
t
STATE OF COLORADO
County ss: GARFIELD
The foregoing Instrument was acknowledged before me this 4th day of FEBRUARY, 2020, by MICHAEL M
MCPHEE AND MARY E MCPHEE.
Witness my hand and official seal.
My Commission Expires:
Notary Public
Lender: NBH Bank
NMLS ID: 455954
Loan Originator: Mark Szczesny
NMLS 10: 835088
COLORADO Singlo Fan y Fannie MaerFreddlo Mac UNIFORM INSTRUMENT Form 7006 1101
Ellie Mae. Inc. Page 9 of 9
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