HomeMy WebLinkAboutWA-05-24City of Wheat Ridge OF WHEgTP
Community Development Department
Memorandum C~CORA~O
TO: Case File/WA-05-24
FROM: Travis Crane, Planner
SUBJECT: 4470 Wadsworth Blvd./Kwik Car Wash
DATE: 12 December 2005
All application documents, referral comments, staff reports, correspondence, public notice
information and all associated documentation for the variance request at 4470 Wadsworth Blvd.
(Kwik Car Wash) can be found in the special use permit case file (SUP-05-09).
The applicant must apply for a front yard setback variance, as the proposed car wash will be located
approximately 24 feet from what is defined as a front lot line by Section 26-123 of the Code of
Laws. Figure 26-123.2 depicts the definition of the front lot line of a flag lot.
NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge
CITY COUNCIL on January 9, 2006, at 7:00 p.m. in the City Council Chambers of the
Municipal Building at 7500 West 29a' Avenue, Wheat Ridge, Colorado. All interested
citizens are invited to speak at the Public Hearing or submit written comments. The
following petition shall be heard:
Case No. SUP-05-09: An application filed by S & 0 Development for approval
of a Special Use Permit to allow a car wash facility on C-1 (Commercial-One)
zoned property located at 4470 Wadsworth Boulevard and legally described as
follows (see legal description for Case No. WA-05-24):
Case No. WA-05-24: An application filed by S & 0 Development for approval
of a 26'1" front yard setback variance from the 50 foot front yard setback
requirement resulting in a 23'11" front yard setback on C-1 (Commercial-One)
zoned property located at 4470 Wadsworth Boulevard and legally described as
follows (the following legal description pertains to both cases):
LOT 4, MINOR SUBDIVISION OF LOT 2 ACE HARDWARE LOT LINE
ADJUSTMENT PLAT, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON,
STATE OF COLORADO.
Kathy Field, Administrative Assistant
ATTEST:
Pamela Y. Anderson, City Clerk
To Be Published: Wheat Ridge Transcript
Date: December 22, 2005
N
00
A-l omt-
November 15, 2005
Mr. Travis R. Crane.
Planner
Community Development, City of Wheat Ridge
7500 West 29' Avenue
Wheat Ridge, Colorado 80033
Re: Special Use Permit
Case No. SUP-05-091WA-05-02
Kwik Car Wash - 4470 Wadsworth Boulevard
Variance Request for the 50' Front Yard Setback Requirement
Dear Mr. Crane:
The applicant of the above referenced case is requesting a waiver for the
50' Front Yard Setback Requirement in the Wheat Ridge Code of Laws.
The new building setback we are proposing would be located at 23'-11 "
east of the interior western property line.
Justification
The building's location is a result of a request by the adjoining Pep Boys
that the new car wash not block the 25' ingress / egress easement (Rec.
No. 1716657 and 1886408) that runs north / south through the middle of
the site. As a result, the current plan configuration accommodates this
request, while allowing a smooth traffic flow for the car wash.
Additionally, this 23'-11 " Front Yard Setback will set the building at 201'-
7" east of the Wadsworth R.O.W.
2000 West Littleton Blvd 303 738 8877
Littleton, Colorado 80120 303 738 2294 fax www.intergrouparchitects.com
N
0 0
Therefore, the applicant is respectfully requesting a variance from the 50'
front yard setback requirement to allow a reduction from 50' to 231-11
We appreciate your assistance. Please call if we can answer any further
questions.
Tony Casey,
Principal
xc: Mark Perrino / Mountain Valley Design
Jonah Martin / Engineering Service Company
LAND USE CASE PROCESSING APPLICATION
Community Development Department
7500 West 29th Avenue, Wheat Ridge, CO 80033
Phone (303) 235-2846
(Please print or type all information)
Applicant 9*0 D@0LONWr4 LLG Address M W. L-flc 9Nc;'D 04. Phone'i 73.2M3.2299
CityJev~ Gtrf State M Zip (o51041 Fax iM 973.7Z(+
Owner SZMfa Address Phone
City State Zip Fax
Contactlor t'1 rAse n Address 2066 W. I (A"(l&A $1VA. Phone 3• ~ 3$ eVl-
City Lti+cafj' State GD Zip QXjt20 Fax 3 •338 2?Al~
(The person listed as contact will be contacted to answer questions regarding this application, provide additional information when necessary, post
public hearing signs, will receive a copy of the staff report prior to Public Hearing, and shall be responsible for forwarding all verbal and written
communication to applicant and owner- _
Location of request
0
Type of action requested (check one or more of the actions listed below which pertain to your request)
Application submittal requirements on reverse side
❑ Change of zone or zone conditions
;Q Special Use Permit
❑ Consolidation Plat
❑ Subdivision: Minor (5 lots or less)
❑ Flood Plain Special Exception
❑ Subdivision: Major (More than 5 lots)
❑ Lot Line Adjustment
❑ Right of Way Vacation
❑ Planned Building Group
❑ Temporary Use, Building, Sign
❑ Site Development Plan approval
❑ Variance/Waiver (from Section )
❑ Other:
Detailed description of request: S Vice_K'
L /l
OS Z pl?/1ryK t T a i7,ol l K-aL fl u vt p +~r,
Required information: 38' n-f 5-F.
Assessors Parcel Number: Size of Lot (acres or square footage): B Ar_VtS
Current Zoning: C - I Proposed Zoning: G-(
Current Use: Vacmvd- Lot- Proposed Use: 6AW WAS
I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge
and that in filing this application, I am acting with the knowledge and consent of those persons listed above,
without whose consent the requested action cannot lawfully be accomplished. Applicants other than owners
must submit power-of-attom the owner which approved of this action on his behalf.
Signature of Applicant 76~k~
Subscribed and sworn to me this 30 day of 20 OS
KAREN MEYER
Nolarv wcnc•NDkKY Seal
State -ofMm" No Public - \1 I MY Commiulon Expires AprM 25, 2007 My commission expires ~,-t ~ Z51 Zt~O I
To be filled out by staff:
Date received
Comp Plan Desig.
Related Case No.
Pee$ Receipt No.
Pre-App Mtg.
Case No.
Quarter Section Map
Case Manager
O
m
CHICAGO TITLE OF COLORADO, INC.
DENVER,C080206y ' ivv
(303)388-5758 FAX (303)388-5759
Date: June 25, 2004
S&O Development, L.L.C.
2421 West Edgewood Drive
Jefferson City, MO 65109
Attention:
Our Order Number: 1394781
Property Address: 4470 Wadsworth Blvd.
Wheat Ridge, CO 80033
Current Owner: Todd C. Youngblood and Cynthia L. Youngblood
Property Purchaser: S&O Development, L.L.C.
Enclosed you will find the commitment for the following real estate transaction:
If you have questions please contact
your Closer, Liz Greco, or your Processor, Sharon Coleman,
Your Title Officer. DDianne Greer may be reached as Phone: 303 8855758 or Fax: 303-388-5759.
pa75- (_AWF_9JCE ST, Svvre 1200 '563.29 `iR9R
Dai'P--3 co X202 Distribution List
❑ S&O Development, L.L.C.
Todd C. Youngblood and Cynthia L. 2421 West Edgewood Drive, Jefferson City, MO 65109
❑
Youngblood 3818 Union Court, Wheat Ridge, CO 80033
❑ J&B properties
Garth W. Gibbons 8933 E. Union Ave. #2161 Greenwood Village, CO 80111
❑ Phone: (303)741-6343 Fax: (303)220-7899
See wiring instructions
CHICAGO TITLE OF COLORADO, INC.
2401 E. 2ND AVE. SUITE 150
DENVER, CO 80206
® (303)388-5758 FAX(303)388-5759
Wire To: WELLS FARGO BANK WEST, N.A.
1740 BROADWAY
DENVER, CO 80704
(303)384-8500
ABA: 121000248
Account Number: 2823134818
Account Name: CHICAGO TITLE OF COLORADO INC.
CUSTODIAL ESCROW DEPOSIT ACCOUNT
Please include these references:
File Number: 1394781
Branch: 58
Closer: Liz Greco
ATTENTION:
FED MandatedAfter August 16, 2004 any incoming
wire with the old ABA number will be
rejected.
CHICAGO TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
CHICAGO TITLE INSURANCE COMPANY, a corporation of Missouri, herein called the Company, for
a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in
Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or
interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and
charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof.
This Commitment shall be effective only when the identity of the proposed Insured and the amount of
the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the
time of the issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability
and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy
or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or
policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by
an authorized officer or agent.
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become
valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By-Laws.
This Commitment is effective as of the date shown in Schedule A as "Effective' Date."
Issued by:
CHICAGO TITLE OF COLORADO, INC
1875 LAWRENCE STREET
SUITE 1200
DENVER, CO 80202
(303) 291-9999
FAX (303) 291-9997
CHICAGO TITLE INSURANCE COMPANY
FATTEST PmskWd
Authorized Officer or Agent
CONDITIONS AND STIPULATIONS
1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other
matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown
in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be
relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company
is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the
Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse
claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but
such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these
Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties
included under the definition of Insured in the form of policy or policies committed for and only for actual loss
incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to
eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon
covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy
or policies committed for and such liability is subject to the insuring provisions, the Exclusions from Coverage and
the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed Insured
which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified
herein.
4. Any claim of loss or damage, whether or not based on negligence, which arises out of the status of the title to the
estate or interest or the lien of the insured mortgage covered hereby, or any action asserting such claim, shall be
restricted to the provisions and Conditions and Stipulations of this Commitment.
CHICAGO TITLE OF COLORADO, INC.
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Commitment Number: 1394781
1. Effective Date: June 14, 2004 at 7:30 AM
2. Policy or Policies to be issued:
Amount Premium
(A) ALTA Owners Policy (ALTA Owner's Policy (10-17.92)) $ 462,000.00 $ 725.00
Proposed Insured:
SRO Development, L.L.C., a Missouri limited liability company
(B) ALTA Loan Policy
Proposed Insured:
Tax Certificate
Delete 1-4 (Commercial) $ 30.00
$ 110.00
TOTAL: $ 865.00
3. The estate or interest in the land described or referred to in this commitment and covered herein is
fee simple and title thereto is at the effective date hereof vested in:
Todd C. Youngblood and Cynthia L. Youngblood
4. The land referred to in this commitment is described as follows and shall hereinafter be referred to as
the "Property":
LOT 4,
ACE HARDWARE LOT 2 SUBDIVISION, A MINOR SUBDIVISION OF LOT 2,
ACE HARDWARE LOT LINE ADJUSTMENT PLAT,
COUNTY OF JEFFERSON,
STATE OF COLORADO.
Issued at: DENVER, COLORADO
CHICAGO TITLE OF COLORADO INC.
Commitment (Schedule A)
CHICAGO TITLE OF COLORADO, INC.
SCHEDULE B -1
REQUIREMENTS
Commitment Number: 1394781
The following requirements are to be complied with:
A. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or
interest to be insured.
B. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for
record in the office of the clerk and recorder of the county in which said property is located.
C. Partial Release of Deed of Trust from Todd C. Youngblood and Cynthia L. Youngblood to the Public
Trustee of Jefferson County for the benefit of Vectra Small Business Finance to secure an indebtedness in
the principal sum of $452,500.00, and any other amounts and/or obligations secured thereby, recorded
December 16, 2003 at Reception No. 1926848.
D. Partial Release of Deed of Trust from Todd C. Youngblood and Cynthia L. Youngblood to the Public
Trustee of Jefferson County for the benefit of Denver Economic Development Corporation, in participation
with the Small Business Administration, to secure an indebtedness in the principal sum of $347,000.00,
and any other amounts and/or obligations secured thereby, recorded December 16, 2003 at Reception
No. 1926849.
E. Certificate of Authority to transact business in the State of Colorado of S&O Development, L.L.C., a
Missouri limited liability company, issued by the Colorado Secretary of State, or a certified copy thereof, or
evidence satisfactory to the Company the the limited liability company is not required under Colorado law
to register as a foreign limited liability company.
F. Articles of Organization and Operating Agreement of S&O Development, L.L.C., a Missouri limited liability
company, issued by the Colorado Secretary of State, or a certified copy thereof.
G. Resolution executed by all the managers and/or members of S&O Development, L.L.C., a Missouri limited
liability company, authorizing the within contemplated transaction.
H. Deed sufficient to convey the fee simple estate or interest in the land described or referred to herein, to the
proposed insured, Schedule A, Item 2A.
NOTE: Section 38-35-109 (2) of the Colorado Revised Statutes, 1973, requires that a notation of the
purchasers legal address, (not necessarily the same as the property address) be included on the face of
the deed to be recorded.
NOTE: House Bill No. 1288, effective July 1, 1989 requires that a real property transfer declaration
accompany any conveyance document presented for recordation in the State of Colorado. Said
declaration shall be completed and signed by either the grantor or grantee.
An Improvement Location Certificate in form, content and certification satisfactory to the Company.
Note: Exception may be made to any adverse matters disclosed by the Improvement Location Certificate.
Execution of the Company's Lien Affidavit by the Seller(s) and Purchaser(s). In the event that the Lien
Affidavit discloses the existence of new construction on the property within the past six months, or plans
CHICAGO TITLE OF COLORADO, INC.
SCHEDULE B -1
REQUIREMENTS
(Continued)
for the commencement of new construction, additional requirements may be made, or Standard Exception
No. 4 will not be deleted from the final policy(ies) to be issued hereunder.
K. Recording Statutes require that all documents submitted for recording must contain a one inch margin
along the top and a one-half inch margin along the sides and bottom of each page. The county, clerk and
recorder may reject any document that does not comply.
L. Recording Statues require that all documents submitted for recording must contain a return address on the
front page of every document being recorded.
M. If the parties to the subject transaction request us to provide escrow-settlement and disbursement services
to facilitate the closing of the transaction, then all funds submitted for disbursement must be available for
immediate withdrawal. Further, if the deletion of exception No. 5 is requested, we must provide escrow
settlement and disbursement services.
END OF REQUIREMENTS
Issued at:. DENVER, COLORADO CHICAGO TITLE OF COLORADO INC.
commitment (Schedule B-1)
CHICAGO TITLE OF COLORADO, INC.
SCHEDULE B - 2
EXCEPTIONS
Commitment Number: 1394781
The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the
satisfaction of the company:
Standard Exceptions
1. Rights or claims of parties in possession not shown by the public records.
2. Easements or, claims of easements not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortages in area, encroachments, and any facts which a
correct survey and inspection of the premises would disclose and which are not shown by the public
records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured
acquires of record for value the estate or interest or mortgage thereon covered by this commitment.
6. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer
service, or for any other special taxing district.
Additional Exceptions
7. All water, water rights, or claims thereto, in, on or under the land.
8. Any existing leases or tenancies, and any and all parties claiming by, through or under said lessees.
9. Restrictions imposed by the Order of Consolidation, recorded October 7, 1971 in Book 2305 at Page 895
pertaining to the organization of the Wheat Ridge Fire Protection District and the Prospect Valley Fire
Protection District.
✓ 10. Covenants, conditions and restrictions, (but omitting therefrom any covenant or restriction based on race,
color, religion, ex, handicap, familial status or national origin, if any) which do not include a forfeiture or
reverter claus and any and all supplements, amendments, andq~.,rexations thereto, set forth in the
instrume recorded March 30, 1972 in Book 2358 at Pace ~8ar'ahd March 31, 1972 in Book 2358 at
Page 735 the First Amendment recorded April 16, 1973 in Book 2494 at Page 82 .
Z, 1. Terms, conditions, provisions, agreements and oblig ti s specified under the Agreement, which was
recorded March 31, 1972 in Book 2358 at Page 720
2. Terms, conditions, provisions, agreements and oblig t' ns specified under the Easement, which was
recorded April 28, 1972 in Book 2369 at Page 401.
13. An easement for utilities and incidental purposes granted to Pu'bfi,9~`e/rvice Company of Colorado by the
instrument recorded March 3, 1975 in Book 2707 at Page 426.`V
✓14. An easement for utilities and incidental purposes granted to the Mountain States Telephone and
CHICAGO TITLE OF COLORADO, INC.
SCHEDULE B - 2
EXCEPTIONS
(Continued) x/
Telegraph Company by the instrument recorded July 21, 1975 in Book 2750 at Page 704.j`' `1
5. Terms, conditions, provisions, agreements and obligations specified under the Easement, which was
recorded July 1, 1985 at Reception No. 61066.
AAn easement for utilities and incidental purposes granted to Public Service Company of Colorado by the
instrument recorded March 28, 1989 at Reception No. 26158.
~U Easements, notes, terms, agreements, provisions, covenants, conditions, restrictions and obligations as
set forth on the Land Survey Plat recorded October 19, 1989 at Reception No. 90731.
J 18. Restrictions imposed by the Resolution No. 11-2001, recorded July 19, 2001 at Reception No. 127930
pertaining to a resolution finding the existence of blight in the vicinity of the Wadsworth corridor from 35th
Avenue to 44th Avenue.
19. Terms, conditions, provisions, agreements and obligations specified nder the Development Covenant,
which was recorded January 24, 2003 at Reception No. 1659614.
~~120) Easements, notes, terms, agreements, provisions, covenants, conditions, restrictions and obligations as
set forth on the Ace Hardware Lot Line Adjustment Plat recorded April 4, 2003 at Reception No. 1716657.
Easements, notes, terms, agreements, provisions, covenants, conditions, restrictions and obligations as
set forth on the Plat of Ace Hardware Lot 2 Subdivision, a Minor Subdivision of Lot 2, Ace Hardware Lot
Line Adjustment Plat, recorded August 22, 2003 at Reception No. 1845198.
22. Terms, conditions, provisions, agreements and obligations specified under the E ent Agreement and
Right of Way, which was recorded October 15, 2003 at Reception No. 1886408:[T
J 23. Terms, conditions, provisions, agreements and obligations specified under the rant of Right of First
Refusal, which was recorded October 15, 2003 at Reception No. 1886409.
Note: The Standard printed exceptions 1-5 will be deleted from the final policy(s) when issued upon
payment of the applicable premium(s), and satisfaction of the requirement(s).
Note: Upon verification of payment of all prior years taxes, Exception No. 6 will be amended to read as
follows: taxes and assessments for the year 2004 and subsequent years, a lien not yet due or payable.
END OF EXCEPTIONS
Issued at: DENVER, COLORADO
CHICAGO TITLE OF COLORADO INC.
Commitment (Schedule 8-2)
CHICAGO TITLE OF COLORADO, INC. DISCLOSURE STATEMENT
Pursuant to Section 10-1-122 of the Colorado Revised Statutes; the Company is required to disclose the
following information:
The subject property may be located in a special taxing district;
A Certificate of Taxes Due listing each taxing jurisdiction shall be obtained from the county treasurer
or the county treasurer's authorized agent;
Information regarding special districts and the boundaries of such districts may be obtained from a
board of county commissioners, the county clerk and recorder, or the county assessor.
Colorado Division of Insurance Regulation 3-5-1, Paragraph C of Article VII, requires that "every title entity
shall be responsible for all matters which appear of record prior to the time of recording whenever the title
entity conducts the closing and is responsible from recording or filing of legal documents resulting from the
transaction which was closed". Provided that CHICAGO TITLE OF COLORADO, INC. conducts the closing
of the insured transaction and is responsible for recording the legal documents from the transaction,
exception No. 5 in Schedule B-2 will not appear in the Owner's Title Policy and Lender's Title Policy when
issued.
Recording statutes require that all documents received for recording or filing in the clerk and recorder's
office shall contain a top margin of at least one inch and a left, right, and bottom margin of at least one-half
of an inch. The clerk and recorder may refuse to record or file any document that does not conform to
requirements of this paragraph (a).
Pursuant to Section 10-11-123 of the Colorado Revised Statutes, the Company is required to disclose the
following information: that there is a recorded evidence that a mineral estate has been severed, leased, or
otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds
some or all interest in oil, gas, other minerals, or geothermal energy in the property; and that such mineral '
estate may include the right to enter and use the property without the surface owner's permission.
If the sales price of the subject property exceeds $100,000.00 the seller shall be required to comply with the
Disclosure of Withholding Provisions of C.R.S. 39-22-604.5 (Nonresident Withholding).
Disclosure Statement
. (1394781.PFD/1394781/14)
Chicago Title Privacy Statement
July 1, 2001
We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and
state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal
Information"), and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we
serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time
to time consistent with applicable privacy laws.
In the course of our business, we may collect Personal Information about you from the following sources:
• From applications or other forms we receive from you or your authorized representative;
• From your transactions with, or from the services being performed by, us, our affiliates, or others;
• From our internet web sites;
• From the public records maintained by governmental entities that we either obtain directly from those entities, or from
our affiliates or others; and
• From consumer or other reporting agencies..
Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information
We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access
or intrusion. We limit access to the Personal Information only to those employees who need such access in connection
with providing products or services to you or for other legitimate business purposes.
Our Policies and Practices Regarding the Sharing of Your Personal Information
We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate
settlement service providers. We also may disclose your Personal Information:
• to agents, brokers or representatives to provide you with services you have requested;
• to third-party contractors or service providers who provide services or perform marketing or other functions on our
behalf; and
• to others with whom we enter into joint marketing agreements for products or services that we believe you may find of
interest.
In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by
law to do so, or when we suspect fraudulent or criminal activities. We also may disclose your Personal Information when
otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights
arising out of any agreement, transaction or relationship with you.
One of the important responsibilities of some of our affiliated companies is to record documents in the public domain.
Such documents may contain your Personal Information.
Right to Access Your Personal Information and Ability To Correct Errors Or Request Changes Or Deletion
Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to
whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction,
amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable
fee to cover the costs incurred in responding to such requests.
All requests must be made in writing to the following address:
Privacy Compliance Officer
Chicago Title
4050 Calle Real, Suite 220
Santa Barbara, CA 93110
Multiple Products or Services
If we provide you with more than one financial product or service, you may receive more than one privacy notice from us.
We apologize for any inconvenience this may cause you.
PRIVACY STATEMENT
(1394781. PFD/1394791/14)
Page 1 of 2 Date Prepared: 06122/2004
Schedule 444705 Order 1394781 Time: 08:20:20
-
JEFFERSON-Co. Tax Information Report
-
PLEASE NOTE: NOT VALID AS A CLOSING DOCUMENT
NEITHER DATA TRACE NOR JEFFERSON COUNTY ACCEPT ANY LIABILITY
FOR THE INFORMATION PROVIDED ON THIS STATEMENT.
THIS TAX STATEMENT SHOULD BE USED FOR PARCEL VALIDATION ONLY.
THE DATA ON THIS REPORT IS NOT CERTIFIED AND SHOULD NOT BE
USED AS A SUBSTITUTE FOR A VALID TAX CERTIFICATE.
Flag: Current Year Tax Due
* CERTIFICATE MUST BE ISSUED BY COUNTY *
I-----------•---•---------------.----------
Information Updated thru: 06/14/2004
Title Company:
Chicago Title Ins. Co.
Terminal: 534
Title Officer:
Order 1394781
Owner(s):
YOUNGBLOOD TODD C
YOUNGBLOOD CYNTHIA L
Schedule
444705 Tax District: 3139
Parcel
39-231-12-013
Address:
4470 WADSWORTH
BLVD
WHEAT RIDGE
CO 80033
-
Sec Twn Rng Qtr Sq Ft Subdiv Blk Lot
ACE HARDWARE LOT 2 SUB
Key Book Page
23 03 69
NW 38357 009810 0004
F1845198
PLEASE NOTE: NOT VALID AS A CLOSING DOCUMENT
Page 2 of 2 Date Prepared: 06/2212004
Schedule 444705 Order 1394781 Time: 08:20:20
JEFFERSON Co. Tax Information Report
PLEASE NOTE: NOT VALID AS A CLOSING DOCUMENT
2003 Assessed Valuation
Land
111,240
Building
0
TOTAL
111,240
Tax Authority
Tax Levy
Fully Assessed Tax
SCHOOL
SCHOOL GEN
33.6980
3,748.57
SCHOOL BND
10.1500
1,129.09
COUNTY
CNTY GEN'L
15.3420
1,706.64 -
DEV DISABL
.9980
111.02
R&B SRVCS
2.2540
250.73
SOC SRVCS
.7950
88.44
CAP'TL EXP
1.1830
131.60
LIBRARY
3.2850
365.42
CNTY OTHER
.0100
1.11
WHR
1.8060
200.90
UDFCD
.5330
59.29
UDFCDSPLAT
.0650
7.23
WFD
4.4000
489.46
WSD
.6160
68.52
TOTALS:
75.1350
8,358.02
2003 Real Estate Tax:
1st Half 2nd Half Full Payment Option
Due 4,179.01 4,179.01 - 8,358.02
Interest 167.16 41.79 - 167.16
Total Due 4,346.17 4,220.80 8,525.18
Paid .00 .00 .00
Adv Fee .00 .00 - .00
Balance 4,346.17 4,220.80 8,525.18
THIS CERTIFICATE REFLECTS TAXES ASSESSED ON LAND ONLY.
IF THERE ARE IMPROVEMENTS ON THIS PROPERTY, ADDITIONAL TAXES MAY BE DUE.
SID =
Tax Sales =
Possible Taxes Owed =
NONE
NONE
NONE
End of Report
PLEASE NOTE: NOT VALID AS A CLOSING DOCUMENT
RECEPTION R0. Fr1476486
5/06/2002 12:30:00 PO: 001-001
PAGE FEE: 5.00 DOC.FEE: 67.50
RECORDED IN JEFFERSON COUNTY, COLORADO
Flied for record tha_day of ,A.D. at oblock K-
Reception Reception Xo. 6y DEWTY.
WARRANTY DEED
THIS DEED, Nade on this day of APHI 30, 2002
tat, Xee^ FIRSTHANK OF WHEAT RIDGE
of the Canty of JEFFERSON and State of Colorado of the Grantor(s), and
TODD C. YOUNGBLOOD AND CYNTHIA L. YOUNDBLOOD
whom Legal aafress l.:_ 3818 UNION COURT. WHEAT RIDGE 0080033
of the Canty of IEFFERSON and g[ete of Colorado of T. Grantee(s):
WfTNESS, That the Dnntor(s), for end in consideration of the sun of ( S675,000.00 )
Su Hundred Seventy Five 7E0usand AM OD/100 DOLLARS
the receipt anal sufficiency of which is hereby ackmwledgM, hes granted, bargain cl, sold and ..eyed, and by these
presents does grant, bargain, Bell, convey and confirm unto the Grantee(s), their heirs and assigns forever,
net in temmy in coseen but in joint terumy, a(I the reef property, together with inproverents, if any, situate,
lying and being In the County of JEFFERSON and State of Colorado, described as follows:
THE SOUTH 285 FEET OF THE NORTH 310 FEET OF BLOCKS 5 AND 6, COULE IAN GRANGE,
EXCEPT THE EAST 243 FEET OF SAID BLOCK 5, AND
EXCEPT THE WEST 22 FEET OF THE SOUTH 173 FEET OF THE NORTH 310 FEET OF SAID BLOCK 6. AND
EXCEPT THE WEST 15 FEET OF THE SOUTH 112 FEET OF THE NORTH 137 FEET OF SAID BLOCK 6. COUNTY OF
JEFFRRSON, STATE OF COLORADO.
e l so known as street mbar 4470& 4490 WADSWORTH BOULEVARD, WHEAT RIDGE, CO 90033
TOGETIlER with Hl and si(yubr and herwitments and appurtenances thereto belarging, or in anywise appertaining
and the reversion and reversions, remainder and rmeinders, rents, issues and profits thereof; and all the estate, right
title interest, claim and dewed Metsaever of the Grantor(s), either I. Lou or equity, of, in and to the have bargainef
preefses, with the hereditaaenta and D,Pparienames; _
TOIIAVEANDTOROLD the said preaises above bargained and described with Appurtenances, unto the Grantee(s),
their heirs and assigrq forever. The Grantor(s), for hisaelf, his heirs and personal representatives, does covenant, grant
bargain, and agree to and with the Grantee(s), their heirs and assigns, that at the tim of the enealing and delivery
of these presents, he I. well seized of the promise, Above conveyed, Ms Baal, sure, perfect, absolute and indefeasible
estate of Inheritance. in law, in fee simple, and hes good right, full power and lawful authority to grant, bargain,
sell and convey the same in carrier and form as aforesaid, and that the same are free and clear from all former And other
grant., bargain, sales, liens, taxes, assessments, ancunbrances and restrictions of whatever kind or nature soever,
SUBJECT TO GENERAL TAXES FOR THE YEAR 2002; AND EASEMENTS, RESERVATIONS, RESTRICTIONS, COVENANTS AND
RIGHTS OF WAY OF RECORD, IF ANY; AND DISTRIBUTION UTILITY EASEMENTS; AND MATTERS NOT SHOWN BY THE PUBLIC
RECORDS BUT OF WHICH GRANTEE HAS ACTUAL KNOWLEDGE; AND INCLUSION OF THE PROPERTY WITHIN ANY SPECIAL
TAXING DISTRICT; AND THE BENEFITS AND BURDENS OF ANY DECLARATION AND PARTY WALL AGREEMENTS. IF ANY.
The Grantor(s) .halt and WILL WARRANT AND FOREVER DEFEND the Dow bargained promises in the quiet and peactebLe
Possession of the Grantee(s), his heir. and assigns, against all and every Person or persons lawful Ly claiming the whets
or any part thereof. The sinsuLor rsrrbar shall ionLucle the pLurat, end the plural the singular, and the use of any, gender
shell be ewticabLe to ell ganders.
INWITNESS WHEREOF the Granter(s) has executed this deed an the cute at forth above.
FIRtiT9M -WHEAT RIDGE
BY: THOMAS W. ID
tan STATE DF Colorado )
)se. _
county of JEFFERSON )
MARY JA C ,
NOTARY PUBLIC
STATE OF COLORADO
svJn S00i-
by Ocon,
The foregoing intrttent We. acknowledged before an on this day of _ April 30. 2002
by THOMAS W. LEMCKE.PRESIDENT OF FIRSTRANK OF WHEAT RIDGE
Ny..ml slim spires nPuerto
Wit... my hand and official seal.
t..
Notary aM Address of Person creating Newly Created legal Deacnptron 3845-106.5, C.R.S.)
EscrawN D817746 When Recorded Return to: Tm0 C. YWNGgLDOD AIR) CYNTHIA L.
Titt" ABOB17746 12%O.gLGCO
3818 UNION COURT
Farm No. 921A Rev 4-94. WARRANTY DEED (Joint Tenants IDJTi) WHEAT RIDGE, CO 80033
SKLD CH 170.88.216.75 JF 1476486-2002.001
54
RECORDATION REQUESTED BY:
California Bank & Trust
Vectra Small Business Finance
616 E. SPeer Blvd. 3rd Floor
Denver. CO 80203
WHEN RECORDED MAIL TO:
CALIFORNIA BANK & TRUST
Commercial Loan Operations
401 W. Whittier Blvd.
Le Habra, CA 90631
Y
0
DEED OF TRUST AND FIXTURE FILING
THIS DEED OF TRUST is dated December 12, 2003, among Todd C. Youngblood and Cynthia L.
Youngblood ("Grantor'): California Bank & Trust, whose address is Vectra Small Business Finance, 616 E.
Speer Blvd. 3rd Floor, Denver, CO 80203 (referred to below sometimes as "Lender' and sometimes as
"Beneficiary"); and the Public Trustee of Jefferson County, Colorado (referred to below as "Trustee').
CONVEYANCE AND GRANT. For valuable consideration, Grantor hereby Irrevocably gmnts, transfers and assigns to Trustee for the
benefit of Lender as Beneficiary all of Grantor's right, title, and interest in and to the following described real property, together with
all existing or subsequently elected or affixed buildings, improvements and fixtures; all easements, rights of way, and appunenanees;
all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rightsl; and all other rights, royalties, and
profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the 'Real
Property") located in Jefferson County, State of Colorado:
TRA A AND B D LOTS 1 AND,ACE HARDWAR~,LOT LINE,it~JUSTMENT ,COUNTY
O JEFFERSON TATEOFCOLO 0. (fs..L ~fSC~Pt oll>4rrlc aSf></~
The Real Property or its address is commonly known as 4490 Wadsworth Boulevard, Wheat Ridge, CO
80033.
Grantor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Grantor's right, title, and interest in and to
all present and future leases of the Property and all Rems from the Property. In addition, Grantor grants to Lender a Uniform
Commercial Code security interest in the Personal Property and Rents.
THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
PROPERTY, IS GIVEN TO SECURE JA) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL
OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND
ACCEPTED ON THE FOLLOWING TERMS: -
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall pay to Lender all amounts secured
by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Glamor's obligations under the
Note, this Deed of Trust, and the Related Documents.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be
governed by the following provisions: ,
Possession and Use. UntB the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the
Property: 12) use, operate or manage the Property; and 13) collect the Rents from the Property.
Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and
maintenance necessary to preserve is value.
Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (t) During the period of Grantor's
ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release at threatened
release of any Hazardous Substance by any person on, under, about or from the Property; 12) Grantor has no knowledge of. m
reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (al any breach
or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or
threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the
Property, or ic) any actual or threatened litigation or claims of any kind by any person relating to such matters: and (3) Except
as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other
authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on,
RECEPTION NO. F1926848
12/16/2003 13:08:13 PG: 001-011
PG FEE: 56.00 STATE DOC.FEE: 0.00
RECORDED IN JEFFERSON COUNTY, COLORADO
,'~w V
DEED OF TRUST
Loan No: 9892000083-1 (Continued) page 2
under, about or from the Property; and (bl any such activity shall be conducted in compliance with all applicable federal, state,
and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lander and its
agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to
determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be
for Lender's purposes only and shall not be construed to create any responsibility or liability on the pan of Lender to Grantor or to
any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the
Property for Hazardous Substances. Grantor hereby Ill releases and waives any future claims against Lender for indemnity or
contribution in the event Grantor becomes gable for cleanup or other costs under any such laws; and (2) agrees to Indemnity
and hold harmless tender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may
directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use,
generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the
Property, whether or not the same was or should have been known to Gramm. The provisions of this section of the Deed of
Trust, including the obligation to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance,
of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any Interest in the Property, whether by
foreclosure or otherwise.
Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or
waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing. Grantor will not
remove, or grant to any other party the right to remove, any timber, minerals (including oil and past, coal, clay, scoria, sod, gravel
or rook products without Lender's prior written consent.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's
prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements
satisfactory to Lender to replace such Improvements with improvements of at least equal value.
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable
times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and
conditions of this Deed of Trust.
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or
hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation,
the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold
compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing
so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to
post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's Interest.
Duty to Protect. Grantor agrees wither to abandon or leave unattended the Property. Grantor shag do all other acts, in addition
to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to
protect and preserve the Property.
DUE ON SALE • CONSENT BY LENDER. lender may, at Lender's option, declare immediately due and payable all sums secured by
this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any
interest in the Real Property. A 'sale or transfer' means the conveyance of Real Property or any right, title or interest in the Real
Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale
contract, land contract, contract for deed, leasehold interest with a term greater than three 431 years, lease-option contract, or by sale.
assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of
conveyance of an interest in the Real Property. However, this option shall not be exercised by Lender it such exercise is prohibited by
federal law or by Colorado law.
TAXES AND LIENS. The following provisions totaling to the taxes and liens on the Property are part of this Deed of Trust:
Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges
(including water and sewer), fines and impositions levied against or on account of the Properly, and shall pay when due all claims
for work done on or for services rendered or material furnished to the Property. Grantor shag maintain the Property free of all
liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the hen of taxes and assessments
not due and except as otherwise provided in this Deed of Trust.
Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over
the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of
nonpayment, Grantor shall within fifteen 1151 days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor
has notice of the filing. secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient
corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and
attorneys' fees, or other charges that could accrue as a result of a toredosure or sale under the lien. In any contest, Grams
shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall
name Lender as an additional obligee under any surety bond tumished in the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or
assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the
taxes and assessments against the Property.
1~f
DEED OF TRUST 3
Loan No: 9892000083.1 (Continued) Page 3
Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are
furnished, or any materials are supplied to the Property, if any mechanic's lien, matedalmen's lien, or other lien could be asserted
on account of the work, services, or materials and the cost exceeds $5,000.00. Grantor will upon request of Lender furnish to
Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust.
Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage
endorsements on a replacement basis for the full insurable value covering all Improvements on the Reel Property in an amount
sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lendar. Grantor shall
also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with
Trustee and Lender being named as additional insureds in such liability Insurance policies. Additionally. Grantor snap maintain
such other insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably
require. Policies shall be written in form, amounts, Coverages and basis reasonably acceptable to Lender and issued by a
company or companies reasonably acceptable to Lender. Grantor, upon request of Lender, will deliver to Lender from time to
time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be
cancelled or diminished without at least ten (10) days prior written notice to Lender. Each insurance policy also shell include an
endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor
or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency
Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available,
within 45 days after notice is given by Lender that the Property is located in a special flood hazard wee. for the full unpaid
principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the
National Flood Insurance Program, or as otherwise required by Lender. and to maintain such insurance for the term of the ban.
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property if the estimated cost of
repair or replacement exceeds $500.00. Lender may make proof of loss if Grantor fails to do so within fifteen 1151 days of the
casualty. Whether or not Lender's security is impaired. Lender may, at Lender's election, receive and retain the proceeds of any
insurance and apply the proceeds to the reduction of the Indebtedness, payment of any Men affecting the Property, or the
restoration and repair of the Property. It Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or
replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of
such expenditure. pay or reimburse Grantor. from the proceeds for the reasonable cost of repair or restoration if Grantor is not in
default under this Deed of Trust. Any proceeds which have net been disbursed within 180 days after their receipt and which
Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under
this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the
Indebtedness. If Lender holds any proceeds after payment in fug of the Indebtedness. such proceeds shall be paid to Grantor as
Grantor's interests may appear.
CompBarwe with Existing hdebtedness. owing the period in which any Existing Indebtedness described below is in effect,
compliance with the insurance provisions contained in the instrument evidencing such Existing Indebtedness shall constitute
compliance with the Insurance provisions under this Deed of Trust, to the extent compliance with the terms of this Deed of Trust
would constitute a duplication of insurance requirement. If any proceeds from the insurance become payable on loss, the
provisions in this Deed of Trust for division of proceeds shall apply only to that portion of the proceeds not payable to the holder
of the Existing Indebtedness.
Grantor's Report on Insurance. Upon request of Lender, however net more than once a year, Grantor shall furnish to Lender a
report on each existing policy of Insurance showing: 1l) the name of the insurer; (2) the risks insured; (31 the amount of the
policy: 141 the property insured, the than current replacement value of such property, and the manner of determining that value;
and (5) the expiration date of the policy. Gram" shall, upon request of Lender, have an independent appraiser satisfactory to
Lender determine the Cash value replacement cost of the Property.
LENDER'S EXPENDIT)RES. It any action or proceeding is commenced that would materially affect Lender's interest in the Property or
it Grantor fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Grantor's
failure to comply with any obligation to maintain Existing Indebtedness in good standing as required below, or to discharge or pay
when due any amounts Grantor is required to discharge or pay under this Deed of Trust or any Related Documents. Lender on
Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to
discharging or paying all taxes, gene, security interests, encumbrances and other claims, at any time levied or placed on the Property
and paying all Costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such
purposes will than bear Interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment
by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (Al be payable on demand; IS)
be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during
either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon
payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such
right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default.
WARRANTY: DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Dead of Trust;
This. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of
all liens and encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section
below or in any title insurance policy, title report, or final tide opinion issued In favor of, and accepted by, Lender in connection
V
DEED OF TRUST
Loan No: 9892000083-1 (Continued)
1
Page 4
with this Deed of Trust, and (b) Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to
Lender.
Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the
Property against the lawful claims of all persons, In The event any action or proceeding is commenced that questions Grantor's
tide or the interest of Trustee or Lender under this Deed of Trust. Grantor shag defend the action at Grantor's expense. Grantor
may be the nominal Party M such proceeding, but Larder shag be entitled to participate In the proceeding and to be represented In
the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be detivwed, to Lender such instruments
as Lender may request from time to time to permit such participation.
Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing
applicable laws, ordinances, and regulations of governmental authorities.
Survival of Representations and Warrentiss. All representations, warranties, and agreements made by Grantor in this Deed of
Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and
effect until such lime as Grantor's Indebtedness shall be paid in full.
EXISTING INDEBTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Deed of Trust:
Existing Lien. The lien of this Dead of Trust securing the Indebtedness may be secondary and inferior to an existing lien. Grantor
expressly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default on such
indebtedness, any default under the instruments evidencing such indebtedness, or any default under any security documents for
such indebtedness.
No Modification. Grantor shag not enter into any agreement with the holder of any mortgage, deed of trust, or other security
agreement which has priority over this Deed of Trust by which that agreement Is modified, amended, extended, or renewed
without the prior written consent of Lender. Grantor shah neither request nor accept any future advances under any such
security agreement without the prior written consent of Lender.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust:
Proceedings. If any proceeding In condemnation is filed, Grantor shag promptly notify Lender in writing, and Grantor shall
promptly take such steps as may be necessary To defend the action and obtain the award. Grantor may be the nominal parry in
such proceeding, but Lender shag be entitled to participate in the proceeding and to be represented in the proceedmg by counsel
of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be
requested by Lender from time to time to permit such participation. -
Applieat)on of Net Proceeds, It all or any pert of the Property is condemned by eminent domain proceedings or by any proceeding
or purchase in lieu of condemnation, Lender may at In election require that all or any portion of the net proceeds of the award be
applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shag mean the award
after payment of all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the
condemnation.
IMPOSITION OF TAXES. FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to
governmental taxes, fees and charges are a put of this Deed of Trust:
Current Taxes, Fees and Charges. Upon request by Lender. Grantor shag exe ule such documents in addition to this Deed of
Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor
shall reimburse Lender for air taxes, as described below, together with all expenses incurred in recording, perfecting w continuing
this Deed of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering
this Deed of Trust.
Taxes. The following shall constitute taxes to which this section applies: 11) a specific lax upon this type of Deed of Trust or
upon all or any part of the Indebtedness secured by this Deed of Trust; 121 a specific tax on Grantor which Grantor is
authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; 13) a tax on this
type of Deed of Trust chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the
Indebtedness or on payments of principal and interest made by Grantor.
Subsequent Taxes. If any tax to which this section applies is enacted subsequent to The date of this Deed of Trust, this event
shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies fw an Event of
Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or 12) contests the tax as
provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other
security satisfactory to Lender.
SECURITY AGREEMENT: FINANCING STATEMENTS, The following provisions relating to this Deed of Trust as a security agreement
are a part of this Deed of Trust:
Security Agreement. This instrument shag constitute a Security Agreement to the extent any of the Property constitutes lixtures,
and tender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time.
Security Interest. Upon request by Lender, Grantor Shah execute financing statements and take whatever other action is
requested by Lender to perfect and continue Lender'S security interest in the Rents and Personal Property. In addition to
recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization from Grantor,
cot
DEED OF TRUST
Loan No: 9892000083.1 (Continued)
.i~
Page 5
file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Grantor shag reimburse
Lender for all expenses incurred in perfecting or continuing this security interest. Upon default. Grantor shah not remove, sever
or detach the Personal Property from the Property. Upon default. Grantor shall assemble any Personal Property not affixed io the
Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3)
days after receipt of written demand from Lender to the extent permitted by applicable law.
Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security
interest granted by this Deed of Trust may be obtained leach as required by the Uniform Commercial Codel are as stated on the
first page of this Deed of Trust. -
FURTHER ASSURANCES: ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part
of this Deed of Trust:
Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver,.or will
cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed,
recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem
appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation
statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of tender, be
necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note,
this Deed of Trust, and the Related Documents, and 121 the liens and security interests created by this Deed of Trust as first
and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or tender agrees
to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters
referred to in this paragraph.
Attorney4wFact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the
name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appofnis Lender as Grantor's
anorney-in-tact for the purpose of making, executing. delivering, filing, recording, and doing all other things as may be necessary
of desirable, in Lender's sole opinion, to accomplish the manors referred to in the preceding paragraph.
FULL PERFORMANCE. Upon the full performance of all the obligations under the Note and this Deed of Trust, Trustee may, upon
production of documents and fees as required under applicable law, release this Deed of Trust, and such release shall constitute a
release of the hen for all such additional sums and expenditures made pursuant to this Deed of Trust. Lender agrees to cooperate
with Grantor in obtaining such release and releasing the other collateral securing the Indebtedness. Any release fees required by law
shall be paid by Grantor, if permitted by applicable few.
EVENTS OF DEFAULT. Each of the following, at tender's option, shall constitute an Event of Default under this Deed of Trust:
Paymem Default. Grantor falls to make any payment when due under the Indebtedness.
Other Defaults- Grantor fails to comply with or to Perform any other term, obligation, covenant or condition contained in this
Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition
contained in any other agreement between lender and Grantor.
Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the
Note or in any of the Related Documents. It such a failure is curable and if Grantor has not been given a notice of a breach of the
same provision of this Deed of Trust within the preceding twelve 112) months, it may be cured land no Event of Default will have
occurred) if Grantor, after Lender sends written notice demanding cure of such failure: Is) cures the failure within twenty (201
days; or (b) if the cure requires more than twenty 120) days, immediately initialer steps sufficient to cure the failure and
thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably
practical.
DefaWt on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or
insurance, or any other payment necessary, to prevent thing of or to effect discharge of any lien.
Environmental Default. Failure of any party to comply with or perform when due any term, obligation, convenant w condition
contained in any environmental agreement executed in connection with the Property.
Default in Favor of Third Parties. Should Grantor default under any ban, extension of credit, security agreement, purchase or
sates agreement, or any other agreement, in favor of any other creditor or person that may materially of rot any of Grania's
property or Grantor's ability to repay the Indebtedness or perform their respective obligations under this Deed of Trust or any of
the Related Documents.
False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf
under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made
or furnished w becomes false w misleading at any time thereafter.
Defective Collateralization; This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including
failure of any collateral document to create a valid and Perfected security interest or lien) at any time and for any reason.
Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's
property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding
under any bankruptcy or insolvency laws by or against Grantor.
DEED OF TRUST
Loan No: 9892000083-1 (Continued)
10
Page 6
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding,
self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property
securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender,
However, this Event of Default shall not apply If there is a good faith dispute by Grantor as to the validity or reasonableness of
the claim which is the basis of the creditor or forfeiture proceeding and ff Grantor gives Lender written notice of the creditor a
forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount
determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute.
Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is
not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness M
other obligation of Grantor to Lender, whether existing now or later. -
Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the indebtedness or any
Guarantor dies or becomes incompetent, or revokes or disputes the validity Of. or liability under, any Guaranty of the
Indebtedness. In the event of a death. Lender, at its option, may, but shall not be required to, permit the Guarantor's estate to
assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender, and, in doing so, cure any
Event of Default.
Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment
or performance of the Indebtedness is impaired.
Insecurity. Lender in good faith believes itself insecure.
Existing Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness is not made
within the time requited by the promissory note evidencing such indebtedness, or a default occurs under the instrument securing
such indebtedness and is not cured during any applicable grace period in such instrument, or any suit or other action is
commenced to foreclose any existing lien on the Property.
Right to Cure. If such a faihve is curable and if Grantor has not bean given a notice of a breach of the same provision of this
Deed of Trust within the preceding twelve (121 months, it may be cured (and no Event of Default will have occurred) if Grantor,
after Lender sands written notice demanding cure of such failure: Jai cures the failure within twenty (201 days; or lb) it the cure
requires more than twenty 120) days, immediately initiates steps sufficient to we the failure and thereafter continues and
completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical.
RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or
Lender may exercise any one or more of the following rights and remedies:
Election of Remedies. Election by Lender to pursue env remedy shall not exclude pursuit of any other remedy, and an election to
make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust, after Grantor's failure to
perform, shall not affect Lender's right to declare a default and exercise its remedies.
Accelerate Indebtedness. Lender shall have the right at its option without notice toGrantor to declare the entire Indebtedness
immediately due and payable, including any prepayment penalty which Grantor would be required to pay.
Foreclosure. Lender shall have the right to cause all or any pan of the Real Property, and Personal Property, it Lender decides to
proceed against it as if it were real property, to be sold by the Trustee according to the laws of the State of Colorado as respects
foreclosures against real property. The Trustee shall give notice in accordance with the laws of Colorado. The Trustee shall
apply the proceeds of the sale in the following order: to) to all costs and expenses of the sale, including but not limited to
Trustee's lees, attorneys' fees, and the cost of title evidence; (b) to all sums secured by this Deed of Trust; and (cl the excess,
it any, to the person of.persmn legally entitled to the excess. -
UCC Remedies. With respect to all oc any part of the Personal Property, Lender shall have all the rights and remedies of a
secured party under the Uniform Commercial Code.
Collect Rents. Lender shall have the right, without notice to Grantor to take possession of and manage the Property and collect
the Rents, Including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the
Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent
or use fees directly to Lender. If the Rents are coYected by Lender, then Grantor irrevocably designates Lender as Grantor's
attorney-in-fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect
the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for
which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under
this subparagraph either in person, by agent, or through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Properly,
with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the
Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The
receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not
the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualily
a person from serving as a receiver. Receiver may be appointed by a court of competent jurisdiction upon ex pane application
and without notice, notice being expressly waived.
Tenency at Sldferaoea. It Grantor remains in Possession of the Property after the Property is sold as provided above or Lender
DEED OF TRUST q
Loan No: 9892000083-1 (Continued) Page T
otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall became a tenant at sufferance
of Lender or the purchaser of the Property and shall, at Lender's option, either 411 pay a reasonable rental tor the use of the
property. or (2) vacate the Property immediately upon the demand of Lender.
Other Pomades. Trustee of Lender shall have any other right or remedy provided in this Deed of Trust or the Note or by law. -
Sale of the Property. In exercising its rights and remedies, Lander shall be free to designate on or before it tiles a notice of
election and demand with the Trustee, that the Trustee sell all or any pan of the Property together or separately, in one sale or by
separate Sales. Lender shall be entitled to bid at any public sate on all or any portion of the Property. Upon any sale of the
Property, whether made under a power of sale granted in this Deed of Trust or pursuant to judicial proceedings, if the holder of
the Note is a purchaser at such sale, it shall be entitled to use and apply all, or any portion of, the Indebtedness for w in
settlement or payment of all, or any portion of, the purchase price of the Property purchased, and, in such case, this Deed of
Trust, the Note, and any documents evidencing expenditures secured by this Deed of Trust shall be Presented to 'the Person
conducting the sale in order that the amount of Indebtedness so used or applied may be credited thereon as having been paid.
Attorneys Fees: Expenses. If Lender forecloses or institutes any suit or action to enforce any of the terms of this Deed of Trust.
Lender shall be entitled to recover such Sum as the court may adjudge reasonable as attorneys' fees at that and upon any appeal.
Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in
Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shag become a part of
the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid.
Expenses covered by this paragraph include, without limitation, however Subject to any limits under applicable law. Lender's
attorneys' fees whether or not there is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings linckrding
efforts to modify or vacate any automatic stay or injunction). appeals, and any anticipated postyudgment collection services, the
cost of Searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title
insurance, and fees for the Trustee, to the extent permitted try applicable law. Grantor also will pay any court costs, in addition
to all otter sums provided by law.
Rights of Trustee. To the extent permitted by applicable law, Trustee shall have all of the rights and duties of Lander as set forth
in this section.
NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice
of sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacaimile, (unless
otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United
States mail, as first class, certified or registered mail postage prepaid. directed to the addresses shown near the beginning of this
Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent
to Lender's address, as shown new the beginning of this Deed of Trust. Any party may change its address for notices under this
Deed of Trust by giving formal written notice.to the other parties, specifying that the purpose of the notice is to change the party's
address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise
provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given
to all Grantors.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Dead of Trust:
Amendments. This Deed of Trust, together with any Related Documents, constitutes the entireunderstanding and agreement of
the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Dead of Trust shag be
effective unless givenIn writing and signed by the party or parties sought to be charged or bound by the alteration or
amendment.
Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon
request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in Such
form aid detail as Lender shall require. -Net operating income' shall mean all cash receipts from the Property less all cash
expenditures made in connection with the operation of the Property.
Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret
or define the provisions of this Deed of Trust.
Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the
Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender.
Governing Law. This Dead of Trust will be governed by, construed end enforced in accordance with federal law and the laws of
the State of Colorado. This Dead of Trust has been accepted by Lender in the State of Colorado.
Choice of Vanua. It there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of
Jefferson County, State of Colorado.
Joint and Several Liability. AM obligations of Grantor under this Deed of Trust shag be joint and several, and all references to
Granter shall mean each and every Grantor. This means that each Grantor signing below is responsible for all obligations in this
Deed of Trust. -
No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is
given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any fight shall operate as a
waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a
~ or-
DEED OF TRUST lJ
Loan No: 9892000083.1 Montinued) Page 8~
waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust.
No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's
rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this
Deed of Trust, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent
instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of
Lender.
Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as
to any person or circumstance, that finding shag not make the offending provision illegal, invalid, or unenforceable as to any other
person or circumstance. If feasible. the offending provision shall be considered modified so that it becomes legal. valid and.
enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless
otherwise required by law, the illegality, invalidity, or unenforeeabilitp of any provision of this Deed of Trust shall not affect the
legality, validity or enforceability of any other provision of this Deed of Trust.
Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's Interest, this Deed of
Trust shall be binding upon and imme to the benefit of the parties, their successors and assigns. If ownership of the Property
becomes vested in a person other than Grantor, Lender, without tones to Grantor, may deal with Grantor's successors with
reference to this Deed of Trust and the Indebtedness by way of forbearance a extension without releasing Grantor from the
obligations of this Deed of Trust or liability under the Indebtedness.
Time is of the Erase. Time is of the essence in the performance of this Deed of Trust.
Waive Jury. AN parties to this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or counterclaim
brought by any partly against any other party.
Walver of homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of
the State of Colorado as to all Indebtedness secured by this Dead of Trust.
DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless
specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of
America. Words and terms used in the singular shall include the phial, and the plural shall include the singular, as the context may
require. Words and terms not otherwise defined in this Dead of Trust shall have the meanings attributed to such terms in the Uniform
Commercial Code:
Beneficiary. The word "Beneficiary" means California Bank & Trust, and its successors and assigns
Borrower. The word "Borrower" means Todd C. Youngblood and Cynthia L. Youngblood, and all other persons and entities
signing the Note in whatever capacity.
Deed of Trust. The words 'Deed of Trust' mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without
limitation all assignment and security interestprovisions relating to the Personal Property and Rents.
Default. The word "Default' means the Default set forth in this Deed of Trust in the section titled "Default".
Environmental Laws. The words 'Environmental Laws' mean any and all state, federal and local statutes, regulations and
ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. t"CERCLA"I,
the Superfund Amendments and Reauthorization Act of 1986, Pub. L No. 99499 ('SARA'1, the Hazardous Materials
Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at
seq., or other applicable state or federal laws, rules. or regulations adopted pursuant thereto.
Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of
default section of this Deed of Trust.
Existing Indebtedness. The words 'Existing Indebtedness' mean the Indebtedness described in the Existing Liens provision of
this Dead of Trust.
Grantor. The word 'Grantor" means Todd C. Youngblood and Cynthia L. Youngblood.
Guarantor. The word "Guaramor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness.
Guaranty. The word 'Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or
part of the Note.
Hazardous Substances. The words 'Hazardous Substances" mean materials that, because of their quantity, concentration or
physical, chemical or infectious characteristics, may cause a pose a present or potential hazard to human health or the
environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled.
The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or
toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term 'Hazardous Substances'
also includes, without limitation, petroleum and petroleum byproducts or any traction thereof and asbestos.
Mnprovements. The word 'Improvements' means all existing and future improvements, buildings, structures, mobile homes
affixed on the Real Property, facilities, additions. replacements and other construction on the Real Property.
DEED OF TRUST 1
Loan No: 9892000083-1 (Continued) Page 9
Indebtedness. The wad "Indebtedness' means all principal, interest, and other amounts, costs and expenses payable under the
Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for
the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's Obligations, or expenses
incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust, together with interest on such amounts
as provided in this Deed of Trust.
Lender. The word "Lender" means California Bank & Trust, its successors and assigns.
Note. The word "Note' means the promissory note dated December 12, 2003, In the original principal amount of
$452,500.00 from Grant" to Lender, together with all renewals of, extensions of, modifications of, refinancings of,
consolidations of, and substitutions fa the promissory note or agreement.
Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or
hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts,
and additions to, all replacements of, and all substitutions tor, any of such property; and together with all proceeds fincluding
without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property.
Property. The word "Property' means collectively the Heal Property and the Personal Property.
Real Property. The words "Real Property' mean the real property, interests and rights, as further described in this Deed of Trust.
Related Documents. The words "Related Documents" mean all promissory notes, "edit agreements, loan agreements,
environmental agreements, guaranties,. security agreements, mortgages, deeds of trust. security deeds, collateral mortgages, and
all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the
Indebtedness.
Rents. The word "Rents' means all present and future rents, revenues, income, issues, royalties, profits, and other benefits
derived from the Property.
Trustee. The word 'Trustee' means the Public Trustee of Jefferson County, Colorado.
EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH GRANTOR AGREES
TO ITS TERMS.
GRANTOR:
Todd C. Youngblood, imiffividually'
Cyntha 1. bieod, 1
STATE OF 6
COUNTY OF - &)612
L. SCAMPORINO
f NOTARY PUBLIC
ss STATE OF COLORADO
My Commission Expires June 9, 2006
On this day before M. the undersigned Notary Public, personally appeared Todd C. Youngblood and Cynthia L. Youngblood, to me
known to be the individuals described in and who executed the Deed of Trust, and acknowledged rthey signed the Deed of Trust
as their free and voluntary act and deed, for the via~nd/ purposes therein menu ed.
Given under my hand and o s wh../ day of , 20
By Re"ng at r
Notary Public in and the State of My commission expires ,
DEED OF TRUST
Loan No. 9892000083-1 (Continued)
r0
Page t0
u«,.w,-.....::,.aom, s_...... a........... ~n,. w,. ~w.,..~... ce ..u.vm.nac..~ rs.,
EXHIBIT A
PARCEL 1:
TRACTS A AM S, AND LOT 1, ACE HARDWARE LOT LINE ADJUSTMENT PLAT, COUNTY OF
JEFFERSON, STATE OF COLORADO.
PARCEL 21
LOT 9, ACE HARDWARE LOT 2 SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO,
ABB899997
RECEPTION NO. F1926849
12/16/2003 13:08:13 PS: 001-005
PS FEE: 26.00 STATE DOC.FEE: 0.00
RECORDED IN JEFFERSON COUNTY, COLORADO
CDC 526,71340-01-DEN
b atq
f. DEED OF TRUST
(Participation)
~'1'tSTR •t
THIS DEED OF TRUST, made this Lday of December
2003, by and between Todd C. Youngblood and Cynthia L. Youngblood
hereinafter referred to as "Grantor," whose address is 4490 Wadsworth Blvd, Wheatridge, CO 80033
and the Jefferson County Public Trustee
hereinafter referred to as "Trustee," whose address is 100 Jefferson County Parkway, Golden, CO 80120
and Denver Urban Economic Development Corporation
hereinafter referred to as "Beneficiary," who maintains an office and place of business at
1905 Sherman Street, Suite 200, Denver, CO 80203
in participation with the Small Business Administration, an agency of the United States.
WITNESSETH, that for and in consideration of $1.00 and other good and valuable consideration, receipt of which is hereby
acknowledged, the Grantor does hereby bargain, sell, grant, assign, and convey unto the Trustee, his successors and assigns, all of the
following described property situated and being in the Jefferson
State of Colorado
Parcel 1:
Tracts A and B, and Lot 1, Ace Hardware Lot Line Adjustment Plat, County of Jefferson, State of Colorado.
Parcel 2: _
Lot 4, Ace Hardware Lot 2 Subdivision, County of Jefferson, State of Colorado.
• Title is subject to a first deed of tout in favor of California Bank and Trust to secure a promissory note in the original principal
amount of $452,500.00.
Together with and including all buildings, all fixtures, including but not limited to all plumbing, heating, lighting, ventilating,
refrigerating, incinerating, air conditioning apparatus, and elevators (the Trustor hereby declaring that it is intended that the items
herein enumerated shall be deemed to have been permanently installed as part of the realty), and all improvements now or hereafter
existing thereon; the hereditaments and appurtenances and all other rights thereunto belonging, or in anywise appertaining, and the
reversion and reversions, remainder and remainders, and the rents, issues, and profits of the above described property. To have and to
hold the same unto the Trustee, and the successors in interest of the Trustee, forever, in fee simple or such other estate, if any, as is
stated herein trust, to secure the payment of a promissory note of this date, in the principal sum of Three Hundred Forty Seven
Thousand and 00/100 ($347,000.00),
Note Matures on February 01, 2024.
Signed by Todd C. Youngblood and Cynthia L. Youngblood
In behalf of Todd C. Youngblood and Cynthia L. Youngblood
t. This conveyance is made upon and subject to the further trust that the said Grantor shall remain in quiet
and peaceable possession of the above granted and described premises and take the profits thereof to his own
use until default be made in any payment of an installment due on said note or in the performance of any of the
covenants or conditions contained therein or in this Deed of Trust; and, also to secure the reimbursement of the
Beneficiary or any other colder of said note, the Trustee or any substitute trustee of any and all costs and expenses
incurred, including reasonable attorneys' fees, on account of any litigation which may arise with respect to this
Trust or with respect to the Indebtedness evidenced by said note, the protection and maintenance of the property
hereinabove described or in obtaining possession of said property after any sale which may be made as hereinafter
provided.
2. Upon the full payment of the Indebtedness evidenced by said note and the interest thereon, the payment
of all other sums herein provided for, the repayment of all monies advanced or expended pursuant to said rote
or this instrument, and upon the payment of all other proper costs. charges, commissions, and expenses, the
above described property shad be released and reconveyed to and at the. cost of the Grantor.
3. Upon default in any of the covenants or conditions of this instrument or of the note or ban agreement
secured hereby, the Beneficiary or his assigns may without notice and without regard to the adequacy of security
for the Indebtedness seared, either personally or by attorney or agent without bringing any action or proceeding,
or by a receiver to be appointed by the con. enter upon and take possession of said property or any part thereof.
and do any acts which Beneficiary deems proper to protect the security hereof, and either with or without taking
possession of said property, collect and receive the rents, royalties, Issues, and profits thereof, including rents
accrued and unpaid, and apply the same, less costs of operation and collection, upon the indebtedness secured
by this Deed of Trust, said rents, royalties, issues, and profits, being hereby assigned to Beneficiary as further
security for the payment of such Indebtedness. Exercise of rights under this paragraph shall not cure or waive
any default or notice of default hereunder or invalidate any act done pursuant to such notice but shall be cumulative
to any right and remedy to declare a default and to cause notice of default to be recorded as hereinafter provided,
and cumulative to any other right andfor remedy hereunder, or provided by law, and may be exercised concurrently
or independently. Expenses incurred by Beneficiary hereunder includingreasonable attorneys' fees shall be
secured hereby.
4. The Grantor covenants and agrees that if he shall fail to pay said indebtedness, or any pan thereof, when
due, or shall fail to perform any covenant or agreement of this instrument or of the promissory note secured
hereby, the entire indebtedness hereby secured shalt immediately become due. payable, and collectible without
notice, at the option of the Beneficiary or assigns, regardless of maturity, and the Beneficiary or assigns may
enter upon said property and collect the rents and profits thereof. Upon such default in payment or performance.
and before or after such entry; the Trustee, acting in the execution of this Trust, shag have the power to sell said
property, and it shall be the Trustee's duty to sell said property (and in case of any default of any purchaser, to
resell) at public auction, to the highest bidder, first giving four weeks' notice of the time, terms, and place of such
sale, by advertisement not less than once during each of said four weeks in a newspaper published or distributed
in the county or political subdivision in which said property is situated, all other notice being hereby waived by
the Grantor (and the Beneficiary or any person on behalf of the Beneficiary may bid and purchase at such sale).
Such sale will be held at a suitable place to be selected by the Beneficiary within said county or political subdivision.
The Trustee is hereby authorized to execute and dealer to the purchaser at such safe a sufficient conveyance of
said property, which conveyance shall contain recitals as to the happening of default upon which the execution
of the power of sale herein granted depends; and the said Grantor hereby constitutes and appoints the Trustee
as his agent and attorney in fact to make such recitals and to execute said conveyance and hereby covenants and
agrees that the recitals so made shall be binding and conclusive upon the Grantor, and said conveyance shalt be
effectual to bar all equity or right of redemption, homestead, dower, right of appralsement, and all other rights
and exemptions of the Grantor, all of which are hereby expressly waived and conveyed to the Trustee. In the
event of a sale as hereinabove provided, the Grantor, or any person in possession under the Grantor, shall then
become and be tenants holding over and shall forthwith deliver possession to the purchaser at such sale or be
summarily dispossessed, in accordance with the provisions of law applicable to tenants holding over. The power
and agency hereby granted are coupled with an interest and are irrevocable by death or otherwise,. and are
granted as cumulative to all other remedies for the collection of said indebtedness. The Beneficiary or Assigns
may take any other appropriate action pursuant to state or Federal statute either in state or Federal court or
otherwise for the disposition of the property.
saA Fawn a3o ("7) .2-
5, In the event of a sale as provided in paragraph 4, the Trustee shall be paid a fee by the Beneficiary in an
amount not in excess of Fee as provided in 1973 C.R.S. 38-37.104 (1)(b), provided, however, that the
amount of such fee shall be reasonable and shall be approved by the Beneficiary as to reasonableness. Said fee
shall be in addition to the costs and expenses incurred by the Trustee in conducting such sale. The amount of
such costs and expenses shall be deducted and paid from the sales proceeds. II is further agreed that if said 2
property shall be advertised for sate as herein provided and not sold, the Trustee shall be entitled to a reasonable
fee, In an amount acceptable to the Beneficiary for the services rendered. The Trustee shall also be reimbursed
by the Beneficiary for all costs and expenses incurred in connection with the advertising of said property for sale
if the sale is not consummated.
6. The proceeds of any sale of said property in accordance with paragraph 4 shall be applied first to payments
of fees, costs, and expenses of said sale, the expenses incurred by the Beneficiary for the purpose of protecting
or maintaining Bald property and reasonable attomeys' fees; secondly, to payment of the Indebtedness secured
hereby; and thirdly, to pay any surplus m excess to the person or persons legally entitled thereto.
7. In the event said property is sold pursuant to the authorization contained in this instrument or at a
judicial foreclosure sale and the proceeds are not sufficient to pay the total indebtedness secured by this Instrument
and evidenced by said promissory note, the Beneficiary will be entitled to a deficiency judgement for the amount
of the deficiency without regard to appraisement, the Grantor having waived and assigned all rights of apprais-
menl to the Trustee.
S. The Grantor covenants and agrees as follows:
a. He will promptly pay the indebtedness evidenced by said promissory note at the times and in the
manner therein provided.
b. He will pay all taxes, assessments, water rates, and other governmental or municipal charges, fines
or impositions, for which provision has not been made hereinbefore, and will promptly deliver the official
receipts therefor to the Beneficiary. -
c. He will pay such expenses and fees as may be incurred in the protection and maintenance of said
property, including the fees of any attorney employed by the Beneficiary for the collection of any or all of
the indebtedness hereby secured, of such expenses and fees as may be Incurred in any foreclosure sale by
the Trustee, or court proceedings or in any other fligation or proceeding affecting said property, and
attorneys' fees reasonably incurred in any other way.
d. The rights created by this conveyance shall remain in full force and effect during any postponement
or extension of the time of the payment of the indebtedness evidenced by said note or any pan thereof
seduced hereby.
e. He will continuously maintain hazard insurance of such type or types and in such amounts as the
Beneficiary may from time to time require, on the improvements now or hereafter on said property, and
will pay promptly when due any premiums therefor. All insurance shall be carried in companies acceptable
to Beneficiary and the policies and renewals thereof shall be held by Beneficiary and have attached thereto
loss payable clauses in favor of and in form acceptable to the Beneficiary. In the event of loss. Grantor will
give immediate notice in writing to Beneficiary and Beneficiary may make proof of loss if not made promptly
by Grantor, and each insurance company concerned Is hereby authorized and directed to make payment
for such loss direly to Beneficiary instead of to Grantor and Beneficiary jointly, and the insurance proceeds,
or any pan thereof, may be applied by Beneficiary at its option either to the reduction of the indebtedness
hereby secured or to the restoration or repair of the property damaged. In the event of a Trustee's sale or
other transfer of title to said property in extinguishment of the indebtedness secured hereby, all right,
titre, and interest of the Grantor in and to any insurance policies than in force shall pass at the option of
the Beneficiary to the purchaser or Beneficiary.
I. He will keep the said premises in as good order and condition as they are now and will not commit
or permit any waste thereof, reasonable wear and tear excepted, and In the event of the failure of the
Grantor to keep the buildings on said premises and those to be erected on said premises, or improvements
thereon, in good repair, the Beneficiary may make such repairs as in the Beneficiary's discretion it may
deem necessary for the proper preservation thereof, and any sums paid for such repairs shall bear interest
from the date of payment at the rate specified in the note, shall be due and payable on demand and shall
be fully seared by this Deed of Trust.
SBA Fa 930(M7) -3_
'g. He will not without the prior written consent of the Beneficiary voluntarily create or permit to be
created against the property subject to this Deed of Trust any liens inferior or superior to the lien
of this Deed of Trust and further that he will keep and maintain the some free from the claim of at persons
supplying labor or materials which will enter into the construction of any and at buildings now being r
erected or to be erected on said premises. /~It
h. He will not rem or assign any part of the rent of said property or demolish, remove, or substantially
alter any building without the written consent of the Beneficiary. -
9. In the event the Grantor fails to pay any Federal, state, or bcal tax assessment, income tax or other tax
lien, charge, fee, or other expense charged to the property hereinabove described, the Beneficiary is hereby
authorized to pay the same and any sum so paid by the Beneficiary shat be added to and become a part of the
principal amount of the indebtedness evidenced by said promissory note. If the Grantor shall pay and discharge
the indebtedness evidenced by said promissory note, and shall pay such sums and shall discharge at taxes and
liens and the costs, fees, and expenses of making, enforcing and executing this Deed of Trust, then this Deed of
Trust shall be canceled and surrendered.
10. The Grantor covenants that he is lawfully seized and possessed of and has the right to sell and convey
said property; that the same is free from all encumbrances except as hereinabove recited; and that he hereby
binds himself and his successors in interest to warrant and defend the Site aforesaid thereto and every part
thereof against the lawful claims of all persons whomsoever.
11. For better security of the indebtedness hereby secured the Grantor, upon the request of the Beneficiary,
its successors or assigns, shall execute and deliver a supplemental mortgage or mortgages covering any additions,
improvements, or betterments made to the property hereinabove described and all property acquired after the
dale hereof (ail in form satisfactory to Grantee). Furthermore, should Grantor fall to cure any default in the
payment of a prior or inferior encumbrance on the property described by this instrument, Grantor hereby agrees
to permit Beneficiary to cure such default, but Beneficiary is not obligated to do so; and such advances shall
become part of the indebtedness secured by this instrument, subject to the same terms and conditions.
12. That all awards of damages in connection with any condemnation for public use of or injury to any of
said property are hereby assigned and shall be paid to Beneficiary, who may apply the some to payment of the
installments last due under said note, and the Beneficiary is hereby authorized, in the name of the Grantor, to
execute and deliver valid acquittances thereof and to appeal from any such award.
13. The irrevocable right to appoint a substitute trustee or trustees is hereby expressly granted to the
Beneficiary, his successors or assigns, to be exercised at any time hereafter without notice and Without specifying
any reason therefor, by filing for record in the office where this instrument Is recorded an instrument of appoint-
ment. The Grantor and the Trustee herein named or that may hereinafter be substituted hereunder expressly
waive notice of the exercise of this right as well as any requirement or application to any court for the removal,
appointment or substitution of any trustee hereunder.
14. Notice of ft exercise of any option granted herein to the Beneficiary or to the holder of the note secured
hereby is not required to be given the Grantor, the Grantor having hereby waived such notice.
15. If more than one person joins to the execution of this instrument as Grantor or if anyone so joined be of
the feminine sex, the pronouns and relative words used herein shall be read as if written in the plural or feminine,
respectively, and the term'Beinaficiay shall include any payee of the indebtedness hereby secured or any assignee
or transferee thereof whether by operation of haw or otherwise. The covenants herein contained shat bind and
the rights herein granted or conveyed shall inure to the respective heirs, executors, administrators, successors,
and assigns of the panties hereto.
16. In compliance with section 101.l(d) of the Rules and Regulations of the Small Business Administration
113 C.F.R.101.1(d)), this instrument is to be construed and enforced in accordance with applicable Federal law.
17. A judicial decree, order, or judgment holding any provision or portion of this instrument invalid or
unenforceable shall not in any way impair or preclude the enforcement of the remaining provisions or portions
of this instrument.
SSA Fpm 930(387) -4-
W~
IS. The L02&secured by this lien was made under a United States Small Business Administration (SBA) nationwide program, which
uses tax dollars to assist small business owners. If the United States is seeking to enforce this documeay then under SBA regulations:
b) Lender of SBA may use local or state procedures for purposes such as filing papers, recording documents, giving notice,
foreclosing liens, and other purposes. By using these procedures, SBA does not waive any federal immunity from local or state
control, penalty, tax or liability. No Borrower or Guarantor may claim or assert against SBA any local or state law to deny any
obligation of Borrower, or defeat any claim of SBA with respect to this Loan.
Any clause in This document requiring arbitration is not enforceable when SBA is the holder of the Note secured by this instrument.
19. If all or any part of the property or an interest therein is sold or transferred by the Grantor without the Beneficiary's prior written
consent, the Beneficiary may, at the Beneficiary's option, declare all the sums seemed by this Deed of Trust to be immediately due
and payable.
a) When SBA is the holder of the Note, this document and all documents evidencing or securing this Loan will be construed in
accordance with federal law.
IN WITNESS WHEREOF, the Grantor has executed this instrument and the Trustee and Beneficiary have accepted the delivery of
this instrument as of the day and year aforesaid
Todd C. Youngblood and Cynthia L. Youngblood
Todd C. YoungbOod
B.
Cyn . Young lood
Executed and delivered in the presence of the following
witnesses:
State of Colorado
County of Denver
The foregoing instrument was acknowledged before me on this
Youngblood day of December 2003 by Todd C. Youngblood and Cynthia L.
My commission expires: 7 - "1
MZNotary Aanseal,~~ 1155 Sherman St Ste 1 DE60RAH O. SEIUA
NOTARY PUBLIC
Aenver. CO 80203 ATE OF COL
Ottc QO
Notary Address my Comm"*" ExplruJUly24.20f 3
PLEASE RETURN THIS DOCUMENT AFTER RECORDING TO DUEDC, 1905 SHERMAN STREET, SUITE Zoo, DENVER,
CO 80203 -5-
App: L. -st Name:
App: First Name:
Owner: Last Name:
Owner: First Name:
App Address:
City, State Zip:
App:Phone:
Owner Address:
City/State/Zip:
Owner Phone:
Project Address:
Street Name:
City/State, Zip:
Case.. 'sposition:
Project Planner:
File Location:
Notes:
Follow-Up:
_ A0524
! Quarter Section Map No.: NE23
_ &O Development
Related Cases:
19 0 Ton / Ca
Case History:
&O Development
000 W. Littleton Blvd.
Review Body: ICC .71
Littleton, CO 80120
03-738-8877
AP N: _
0421 W..Edgewood Dr.
2nd Review Body:
efferson City, MO65109_,
2nd Review Date:
73-893-2299
i Decision-making Body:
470
Approval/Denial Date:
adsworth Boulevard _
heat Rid a CO 80033
Reso/Ordinance No.:
Crane
ctwe
Conditions of Approval:
District: ll _i
Date Received: 10/3/2005
Pre-App Date: /21/2005