HomeMy WebLinkAboutLLA-06-03City of Wheat Ridge OF WHEgT~
Community Development Department
Memorandum ~~~oRP~~
TO: Case File
FROM: Travis Crane, Planner 11 111
SUBJECT: LLA-06-03/Zwahlen Lot Line Adjustment
DATE: 22 February 2007
The applicant, Marianne Zwahlen, has submitted a signed mylar of the lot line adjustment plat for
the properties located at 2640-50 Lamar Street within the allotted timeframe specified on the letter
dated 5 February 2007. The plat has been recorded with the Jefferson County Clerk and Recorder.
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303.235.2846 Fax: 303.235.2857
The City of
Wheat Ridge
5 February 2007
Lane Engineering
Steve Lister
9500 West 14`x' Avenue
Lakewood, Colorado 80215
RE: 2640-50 Lamar Street/Lot Line Adjustment Plat "Zwahlen Minor Subdivision"
Dear Mr. Lister:
I would like to take this opportunity to briefly recount the events and discuss upcoming action of
the land use case associated with the properties located at 2640-50 Lamar Street. The land use
application was submitted on September 8, 2006; specifically a request for a lot line adjustment
between the two properties. After submittal of the initial amendment, City staff generated several
comments on October 2, 2006. A second resubmittal was received on October 24, 2006. Comments
were sent back on November 2, 2006. A third and final submittal occurred on November 21, 2006.
After this review, the plat was approved with minor corrections. A letter was sent back on
December 8, 2006 acknowledging this approval. The December 8, 2006 letter indicated that a mylar
must be submitted to the Community Development Department for recordation with the Jefferson
County Clerk and Recorder. There has been no contact since this last review.
To date, the land use application has been stagnant for a period of approximately 60 days.
Typically, after a stagnant period of 90 days a land use application is withdrawn, and the process is
abandoned. City Staff respectfully requests that the mylar be submitted within the next 30 days. A
resubmittal which addresses the comments generated on December 8, 2006 shall be received by
March 5, 2007, or the case will be withdrawn. If the case is withdrawn, all submittal fees and
progress will be forfeited.
The Community Development Department is committed to providing the highest level of customer
service, which entails timely review of land use submittals. Land use cases which are inactive for a
period of time only hinder this commitment.
If you have any questions, please feel free to contact me. I can be reached at 303.235.2849 or
tcraneQci.wheatridee.co.us.
Sincerely
vRCn
Planner II
Cc: Marianne Zwahlen
Steve Lister
9500 W.10 Avenue
City of Wheat Ridge
Transmittal Sheet
Date: 8 December 2006
The following items are being returned for the land use case submittal for the
property located at 2640 & 2650 Lamar Street (Zwahlen Minor Sub.)
Copies
Description
Notes
1
Full sized plat dated 11/10/06
With redlined comments
1
Planning Division memo
1
Public Works comment letter
The minor subdivision plat:
❑ Has been approved
® Has been approved with conditions/redlines
❑ Has not been approved - please resubmit the following:
Copies
Description
Notes
1
Full sized Mylar
With appropriate signatures
$11.00 recording fee
❑ Building
K1
Review will be performed by:
❑ Planning ❑ Public Works
City of Wheat Ridge Community Development Department
7500 W. 29th Avenue Wheat Ridge, CO 80033
Building Division - 303.235.2855 Planning Division - 303.235.2846
Inspection line - 303.234.5933 www.ci.wheatridge.co.us
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303.235.2846 Fax: 303.235.2857
The City of
Wheat Ridge
8 December 2006
Mr. Steve Lister, P.L.S.
Lane Engineering
9500 West 14a' Avenue
Lakewood, Colorado 80215
RE: Zwahlen Minor Subdivision/2640 & 2650 Lamar St.
Dear Mr. Lister:
I have completed my third review of the lot line adjustment plat for the properties located at 2640 & 2650
Lamar Street, and I have the following comments:
1. General:
A. All comments generated by the Planning Division have been addressed.
B. Please see comments generated by David Brossman, Development Review Engineer (attached).
Mr. Brossman is requesting one correction to the plat. After this correction is made, a mylar may
be created and submitted to the City for recordation.
Please make the correction as suggested by Mr. Brossman and produce one full size mylar copy of the plat
and submit along with a check for $11.00 to the Community Development Department for recording.
Please ensure that all property owners have signed the mylar in indelible ink, complete with a notary
signature and seal. If you have any questions, please feel free to contact me. I can be reached at
303.235.2849 or tcrane(aci.wheatridge.co.us.
Sincerely,
VF-C-
Travis R. Crane
Planner II
Cc: Marianne Zwahlen
Steve Lister
9500 W. 14' Ave.
DEPARTMENT OF PUBLIC WORKS (303) 235-2861
City of Pub e ioft 7500 WEST 29T" AVENUE WHEAT RIDGE, CO 80033 FAX (303) 235-2857
December 7, 2006
Mr. Steven D. Lister
Lane Engineering Service, Inc.
9500 W. 14th Avenue
Lakewood, CO 80215
Re: Third Review Comments of the Zwahlen Minor Subdivision Plat.
Dear Mr. Lister,
I have completed the third review of the above referenced documents for the proposed development
located at 2640 Lamar Street received on November 22, 2006, and I have the following comments:
Surveying Comments
1. All previous comments have been addressed; the plat is be ready for Mylar® upon completion of
the check mentioned below.
2. It was discovered that the distance shown between the lots does not appear to be correct. It is
shown as 140.71' on the graphical portion but measures 140.16' on the drawing provided by you.
Please double-check distance this prior to creation of the Mylar S.
The above comments are as of the date reviewed and may not reflect all comments from other
departments or reviewing agencies.
If you have any questions, please contact me at 303.235.2864.
Sincerely,
David F. Brossman, P.L.S.
Development Review Engineer
CC: Steve Nguyen, Engineering Manager
Travis Crane, Planner -
File
Zwahlen Minor Sub_Plat - approvaLltr.doc
City of Wheat Ridge of ""EqT P
Community Development Department
Memorandum c~~ORPO~
TO: David Brossman, Development Review Engineer
FROM: Travis Crane, Planner II,
SUBJECT: Zwahlen Lot Line Adjustment/LLA-06-03
DATE: 21 November 2006
We have received the resubmittal for the Zwahlen lot line adjustment located at 2640-50 Lamar
Street. I have included 2 full sized copies of the resubmittal, I copy of your red-lined comments
from the previous submittal and 1 CD-Rom containing digital files. Let me know if you have any
questions.
REC ENEDD
NOV 1 11 2006
November 11, 2006
Mr. Travis Crane
7500 West 29`h St.
Wheatridge, Co. 80033
This letter does hereby notify o eTrais R, rsvTerry Sane, Planner rared of the City ofi,Wheatridge
Colorado, that the new property
acknowledge and approve the lot line adjustment plat and subsequent property transfer of the
property at 2640 Lamar St.,Wheatridge, Colorado.
Sincerely,
Terry Schumacher and Philip Parisi
CC: Marianne Zwahlen
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303.235.2846 Fax: 303.235.2857
The City of
Wheat Ridge
2 November 2006
Mr. Steve Lister, P.L.S.
Lane Engineering
9500 West loth Avenue
Lakewood, Colorado 80215
RE: Zwahlen Minor Subdivision/2640 & 2650 Lamar St.
Dear Mr. Lister:
I have completed my second review of the lot line adjustment plat for the properties located at 2640 &
2650 Lamar Street, and I have the following comments:
General:
A. Please include written authorization from the new property owners acknowledging the lot line
adjustment plat and subsequent property transfer.
B. Please see comments generated by David Brossman, Development Review Engineer (attached).
C. I have included a red-lined copy of the subdivision plat for clarification of my comments.
2. Plat Review:
A. Please include the new owners in the Owner's Certification.
Please make the above corrections and resubmit four full-sized (24" x 36") copies and one reduced (11" x
17") copy for review. Upon approval, please produce one full size mylar copy of the plat and submit,
along with a check for $11.00 to the Community Development Department for recording. If you have any
questions, please feel free to contact me. I can be reached at 303.235.2849 or tcraneCaci.wheatridge.co.us.
Sincerely,
Travis R. Crane
Planner 11
Cc: Marianne Zwahlen
Steve Lister
9500 W. 14' Ave.
City of Wheat Ridge of ""EqT P
Community Development Department m
Memorandum ~o~oRao~
TO: Dave Brossman, Development Review Engineer
FROM: Travis Crane, Planner II 1C~
SUBJECT: LLA-06-03/Zwahlen `
DATE: 24 October 2006
Attached is the resubmittal for the Zwahlen lot line adjustment located at 2640-2650 Lamar Street.
Please let me know is you have any issues with the resubmittal.
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303.235.2846 Fax: 303.235.2857
The City of
Wheat Ridge
2 October 2006
Mr. Steve Lister, P.L.S.
Lane Engineering
9500 West 14th Avenue
Lakewood, Colorado 80215
RE: Zwahlen Minor Subdivision/2640 &2650 Lamar St.
Dear Mr. Lister:
I have completed my initial review of the lot line adjustment plat for the properties located at 2640 & 2650
Lamar Street, and I have the following comments:
General:
A. I have included comments from all responding agencies. If you have any questions regarding
these comments, please direct them to the agency which generated said comment.
B. I have included a red-lined copy of the subdivision plat for clarification of my comments.
2. Plat Review:
A. Please label each lot as "lot 1" and "lot 2".
B. Please include the square footage for each lot.
C. Please add LLA-06-03 to the Case History box.
D. Please reformat the signature blocks for the Mayor and City Clerk.
E. Please remove the newly-created utility easements from the plat. Utility easements are not
required on a lot line adjustment plat.
F. Please add zoning to the subject lots and adjoining lots.
Please make the above corrections and resubmit four full-sized (24" x 36") copies and one reduced (1 I" x
17") copy for review. Upon approval, please produce one full size mylar copy of the plat and submit,,
along with a check for $11.00 to the Community Development Department for recording. If you have any
questions, please feel free to contact me. I can be reached at 303.235.2849 or tcrane@ci.wheatridge.co.us.
Sincerely, n'
Travis Crane
Planner II
Steve Lister
9500 W. 14' Ave.
Wheat Ridge Sanitation District
7100 W. 44th Ave. #104 P.O. Box 288
Wheat Ridge, Colorado 80034-0288
FAX: 303-424-2280 Phone: 303424-7252
October 3, 2006
Mr. Travis R. Crane
City of Wheat Ridge
7500 West 291h Avenue
Wheat Ridge, Colorado 80033
Re: Zwahlen Minor Subdivision
Certificate of Sewer Service
Dear Mr. Crane:
REC ENE
OCT 0 4 2006
This letter is in response to your request for confirmation of the availability of sanitary sewer service for
the above parcel. By supplying this information, the Wheat Ridge Sanitation District is not liable for the
misidentification or misrepresentation of the subject lot. The location of the subject lot is based solely on
the description provided by the requestor, and the Wheat Ridge Sanitation District is not responsible for
the way in which this information is used or disseminated.
The subject lot at the address referenced above is entirely within the boundary and service area of the
Wheat Ridge Sanitation District. Treatment of sewage generated within the Wheat Ridge Sanitation
District is provided by the Metro Wastewater Reclamation District (Metro). Wheat Ridge Sanitation
District facilities in this area consist of an 8-inch sanitary sewer main within Lamar Street west of the
subject property.
This parcel is subject to the assessment of both Wheat Ridge Sanitation District and Metro tap charges.
The owners may be required to extend sewer lines to their project and be responsible in the cost of
providing additional capacity to serve their projects.
In addition, you should be aware that the District requires approval of plans for sewer main
construction, sewer service connections, determination and payment of tap fees, as well as
inspection of construction by the District's Engineer. If a disconnection of sewer service is required
the District requires that the service is disconnected at the main.
If you have any questions, please do not hesitate to contact Ms. Sue Matthews during regular office hours,
8:30 am to 12:30 pm, or Tom Repp, MARTIN/MARTIN Consulting Engineers, 303-431-6100.
Sincerely,
/-J,v 6)
Thomas R. Repp, P.E.
District Engineer
MARTIN/MARTIN, Inc.
C: Sue Matthews - Wheat Ridge Sanitation District
Xcel EnergysM
PUBLIC SERVICE COMPANY
October 3, 2006
City of Wheat Ridge
Community Development
7500 West 29th Avenue
Wheat Ridge, CO 80033
Attn: Travis R. Crane
Re: Referral Response for Case No. LLA-06-03
Siting and Land Rights
550 15'" Street, Suite 700
Denver, Colorado 80202-4256
Telephone: 303.571.7799
Facsimile: 303.571.7877
RECEUVED
OCT03280
Public Service Company of Colorado (PSCo) has acknowledged the mentioned referral as
not a conflict with their existing facilities.
However, as a safety precaution and to prevent injury, PSCo would like to remind the
applicant to contact PSCo's Engineering Department at 1-800-628-2121 (builder's call.
line) regarding future gas and electric service, relocation and/or any grading activities on or
near existing facilities.
As a courtesy reminder, please call the Utility Notification Center 1-800-922-1987 to have
all underground utilities located prior to any digging.
If you have any questions about this referral response, please contact me at (303) 571-
7596.
Thank You,
Acea,-
Agent, Siting and Land Rights
DEPARTMENT OF PUBLIC WORKS
(303) 235-2861
7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80033 FAX (303) 235-2857
September 27, 2006
Mr. Steven D. Lister
Lane Engineering Service, Inc.
9500 W. 14"' Avenue
Lakewood, CO 80215
Re: First Review Comments of the Zwahlen Minor Subdivision Plat.
Dear Mr. Lister,
I have completed the first review of the above referenced documents for the proposed development
located at 2640 Lamar Street received on September 21, 2006, and I have the following comments:
Surveying Comments
1. Need to modify the bearings for the westerly and southerly subdivision boundary lines on the
graphical portion so they correspond to the Legal Description.
2. Need to show the overall distance from the south line of the SW 1/4, Section 25 to the T.P.O.B. so
it matches the Legal Description.
3. Please include the Case History number LLA-06-03 in the Case History box.
4. Need to move the lines and text around for the Mayor's and City Clerk's signature blocks so they
will be usable.
5. The Plat as currently described does not close. The plat will not be approved prior to satisfying
the plat closure requirements (1:50,000) as required by City Code. Please make the necessary
corrections and include a closure sheet with the next submittal.
6. Include a DVD or CD-ROM containing the plat in AutoCAD dwg format on the current City
datum with the next submittal.
The above comments are as of the date reviewed and may not reflect all comments from other
departments or reviewing agencies.
If you have any questions, please contact me at 303.235.2864.
Sincerely,
David F. Brossman, P.L.S.
Development Review Engineer
CC: Steve Nguyen, Engineering Manager
Travis Crane, Planner
File
Zwablea Minor Sub-Plat - reviewl.ltc.doc
Community Development
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303.235.2846 Fax: 303.235.2857
The City of
"eat
Ridge
Community Development Referral Form
I Date: 19 September 2006 Response Due: 4 October 2006
The Wheat Ridge Community Development Department has received a request for approval of
a Lot Line Adjustment at the property located at 2640 and 2650 Lamar Street. No response
from you will constitute having no objections or concerns regarding this proposal.
Case No.: LLA-06-03
Request: The applicant has submitted a Lot Line Adjustment Plat. This plat will adjust a
common lot line between the two lots. The properties currently have Residential One (R-1)
zoning, which allows single-family residential. The properties are approximately 22,438 square
feet in size.
Please respond to this request in writing regarding your ability to serve the property. Please
specify any new infrastructure needed or improvements to existing infrastructure that will be
required. Include any easements that will be essential to serve the property as a result of this
development. Please detail the requirements for development in respect to your rules and
regulations. If you need further clarification, contact the case manager.
Case Manager: Travis R. Crane Voice: 303.235.2849 Fax: 303.235.2857 Email: tcrane@ci.wheatridge.co.us
DISTRIBUTION:
Edgewater Water District
Wheat Ridge Sanitation District
Wheat Ridge Fire District
Xcel Energy
Wheat Ridge Parks & Recreation Dept.
Wheat Ridge Public Works
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Subdivision Worksheet
Submittal requirements:
Application P~ Copy of Deed Plat (18 copies) Er Fee P_
Address: Z~b - 50
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S+• Zoning: 2(.7(0 b'
CZ-J L-2-6Sa
Property in the flood plain?
Subdivision Size: ZZ~} 3 sq. ft.
( - S 15 ac.)
Min. Lot Size:Sco- 04 sq. ft. Do all lots meet minimum size? 21050 doey,k
Min. Lot Width: l5 too ft. Do all lots meet minimum width?2b5o Ace k
Parkland Dedication Required? N. Right-of-Way Dedication Required? f . / ft.
Public Improvements Required? is o
SIA or Development Agreement Required? Letter of Credit or Escrow Required?
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LzR S is S ~5 R iS
Will any Structures Remain? qf%_ 6.-kV,- l is 2690
Required Setbacks: FR 30 NS 15 5 `S 151 5 R to
Provided Setbacks: FR Q S 10 S 1`F-`t R l,o
r-R 36_x` s-1_~ -.2, 625-
Form and Content of Subdivision Plat
1. Title of document (centered at top of page - Located in the 1/4 Section, Township 3
South, Range 69 West of the 6`h Principal Meridian)
✓'2. Complete Legal Description with ties to the section that the subdivision lies within
_✓3. Small scale location map, with north arrow and scale
4. Ownership/Unified control statement
L,~5. Name/Address/Phone number(s) of architect, engineer, or surveyor associated with the
project
✓ 6. Graphical representation of the property boundary (corresponding to the Legal
Description)
✓ 7. Existing/Proposed lot lines, complete with distances and bearings
✓ 8. Subdivision name and lot number for adjacent properties
v~'9. Existing and proposed street right-of way
10. Proposed and existing ingress/egress easements
✓l 1. Scale and north arrow (scale not to exceed 1 100')
_✓2• Certification blocks, including surveyor's certificate (examples below)
✓13. Standard utility and drainage easement language (examples below)
14. Data table with total area to be subdivided, smallest, average and largest lot size
~ 5. Proposed area for each lot (in square feet and acreage)
✓ 16. Case history box and date of preparation , hs., -Eb ~p41~
X17. Location and size of utility and drainage easements
- 18. Location and dimensions of any dedication required (with dedicatory statement -
included)
16 a ion documents required?
Additional in
1. fic study (2 cop es)
Drainage report, er sion control and grading plan (2 copies)
3. Soils report (2 co ies)
4. Engineering pl s which detail construction of all public improvements
5. Access permit pplication
6. Existing topo aphy (contours at oot intervals)
7. Existing and p o astructure (utilities and streets)
8. Lo ion of any sigui
9. rocs-Access langu g
10. HOA CovenanKconst
l1. Phase 1 enviro _12. Complete set o Supplemental Information:
Any variances needed?
_ Lot size
Lot width
Cross access easements needed?
Drainage easement/tract needed?
Tine IZZ lof LZL9o~ '..;a\' y~leuciSe ~o
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two' lot d~~'C~
PcJc\~~s . all{ lo} wll .1~1 1~2 1Oi Sco 1~ l
ant land features (ditches, stream or lakes)
(with graphical representation)
drawings
ZWAHLEN
MINOR SUBDIVISION
A MINOR SUBDIVISION
CONSISTING OF UNPLATTED LAND BEING
A PART OF THE SOUTHWEST ONE-QUARTER OF SECTION
25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN
CITY OF WHEAT RIDGE, C
OUNTY OF JEFFERSON, STATE OF COLORADO
SHEET I OF 1
-
NW 1/4 SW 1/4 ECTON 25.
3 1 4' ALLOY CAP IN BANE
POINT BOX. CAP STAMPED 'LS
I 32429'
I
S 89'41'48' W 2644.57' _NORTH LINE OF SECTION 25
- - - - - - - - -
WE, MARIANNE G. ZWAHIEN, TERRY SCHUMACHER AND PHILIP F. PARIS. BEING THE
- - - - - - OWNERS OF REAL PROPERTY CONTAINING 0.515 ACRES DESCRIBED AS FOLLOWS:
CENTER SECTION 25,
3 t/4' ALLOY CAP IN DESCRIPTION:
RANGE PONT BOX. CAP
STAMPED 1S 28229' I A TRACT OF LAND LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 25,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF ME 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT
I RIDGE. JEFFERSON COUNTY. COLORADO DESCRIED AS FOLLOWS: COMMENCING AT TIE
SURVEYOR'S CERTIFICATE:
I, STEVEN D. LISTER, 00 HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY
OF ZWAHLEN MINOR SUSDrv610N WAS MADE BY ME OR UNDER MY DIRECT
SUPERVISION AND TO THE BEST OF MY KNOWLEDGE. INFORMATION AND BRIEF. IN
ACCORDANCE WRH ALL APPLICABLE COLORADO STAMTES, CURRENT REVISED
EDITION AS AMENDED, THE ACCOMPAKWNG PUT ACCURATELY REPRESENTS SAID
SURVEY.
LAND
N. GP 20' 28' W. ALONG THE FAST
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WEST 26TH AVENUE
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RIGHT-OF-WAY VARIES
1 _
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'CORNER- SW 1/4
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-
SE 1/4 SW 1/4 SEC 25
SECTION 25
N 69'39'04' E 2643.72' AS MEASURED (CITY N 89' 39'
27' E 2643.89'
3 1/4' ALLOY CAP IN
3 1/4" ALLOY CAP IN
RANGE POINT BOX CAP
RANGE POINT BOX, COP
STAMPED 'LS 28279'
STAMPED 'IS 23047'
LINE TABLE
UNE
LENGTH BEARING
Lf
1.82 N89'39'04'E
L2
15.171 S00'1922-E
CASE HISTORY
L3
1.65 S89'39'OCW
PREPARED BY: LANE ENGINEERING SERVICE. 02i INC
10 95 TEL: ( 03) 253 0043E AX: (505) 233-0796 5
COUNTY CLERK AND RECORDER'S CERTIFICATE
STATE OF COLORADO )
) SS
COUNTY OF JEFFERSON )
I HEREBY CERTIFY THAT M5 PUT WAS FILED IN THE OFFICE OF ME COUNTY
CLERK AND RECORDER OF JEFFERSON COUNT)' AT GOLDEN. COLORADO. AT
O'CLOCK_.. ON THE WY
OF 2006
N
A.D.. IN BOOK PAGE
, RECEPRON NO.
JEFFERSON COUNTY CLERK AND RECORDER
BY..
DEPUTY
REVISED: 11/10 W
SCNE:
REARED: 10/2 /Ofi
I' = 500'
RENSEO: 10/13 06
PREPARED: 09 05/06
PROJECT: Z18-1
THE
DESCRIBED IN RECEPTION NO. F1425372 OF THE RECORDS OF THE JEFFERSON COUNTY
CLERK AND RECORDER; THENCE N. 87 39' 32' E. ALONG THE NORTH ONE OF SAID
TRACT. A DISTANCE OF 140.00 FEET TO THE NORTHEAST CORNER OF SAN) TRACT:
THENCE S. OW 20' 25' E. ALONG THE FAST UNE OF SAID TRACI. A DISTANCE OF 60.00
FEET TO THE SOUTHEAST CORNER OF SAID TRACT WHICH LIES ON THE NORTH LINE OF
THAT TRACT OF LAND DESCRIBED IN RECEPTION NO. FO831692 OF THE RECORDS OF
THE OFFICE OF THE CLERK AND RECORDER OF JEFFERSON COUNTY: THENCE
N. 89' 39' Oa E. ALONG THE NORTH ONE OF SAID TRACT. A DISANCE OF 1.82 FEET:
THENCE S. OP 19' 22' E. PARALLEL WON THE EAST ONE OF THE SOUTHWEST
ONE-OUARTER OF SAID SECTION 25 AND ALONG THE EAST ONE OF SAID TRACT, A
DISTANCE OF 15.17 FEET TO A POINT ON THE NORTH UNE OF THAT TRACT OF LAND
DESCRIBED IN RECEPRON NO. F1425371 OF ME RECORDS OF THE OFFICE OF ME
CLERK AND RECORDER OF JEFFERSON COUNTY; MERGE S. 89' 39' 04' W. ALONG THE
NORTH LINE OF SAID TRACT. A DISTANCE OF 1.65 FEET TO THE NORTHWEST CORNER OF
SAID TRACT; THENCE S. DO 19' 22' E. ALONG ME WEST LINE OF SAID TRACT A
DISTANCE OF 84.81 FEET TO A POINT ON THE SOUTH ONE OF THAT TRACT OF LAND
DESCRIBED IN SAID RECEPTION NO. '0831692; THENCE S. 89' 39' 04' W. ALONG SND
SOUTH LINE A DISTANCE OF 140.13 FEET TO ME TRUE POINT OF BEGINNING,
CONTAINENG AN AREA OF 22.438 SOWRE FEET OR 0.515 ACRES. MORE OR LESS.
HAVE WD OUT, SUBDIVIDED AND PLATTED SAD LAND AS PER ME DRAWING HEREON
CONTAINED UNDER ME NAME AND STYLE OF ZWAHLEN MINOR SUSDMSION, A
SUBDIVISION OF A PART OF ME CITY OF WHEAT RIDGE. COLORADO. AND BY THESE
PRESENTS DO DEDICATE TO ME CRY OF WHEAT RINE AND THOSE MUNICIPALLY OWNED
AND/OR MUNICIPALLY FRANCHISED UTILITIES AND SERVICES THOSE PORTIONS OF REAL
PROPERTY SHOWN AS EASEMENTS FOR ME CONSTRUCTION. INSTALLATION, OPERATION.
MAINTENANCE. REPAIR AND REPLACEMENT FOR ALL SERVCES. THIS INCLUDES BUT IS
NOT LIMITED TO TELEPHONE AND ELECMIC LINES, GAS LINES, WATER AND SANITARY
SEWER ONES, HYDRANTS, STORXIWATER SYSTEMS AND PIPES. DETENTION PONDS, STREET
LIGHTS AND ALL APPURTENANCES THERETO.
OWNERS
MARLWNE G. ZWAHIEN
STATE OF COLORADO )
) SS
COUNTY OF JEFFERSON )
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
2006 AD. BY MARIANNE G. 2WAM£N.
MY COMMISSION EXPIRES:
NOTARY PUSUC
TERRY SCHUMACHER PHILIP F. PARISI
REGISTERED LAND SURVEYOR
COLORADO NO, 16637
CITY CERTIFICATE:
APPROVED THIS DAY OF 2006 BY ME CITY
OF WHEAT RIDGE.
ATTEST:
DIRECTOR OF COMMUNITY DEVELOPMENT
DIRECTOR OF PUBLIC WORKS
NOTICE:
ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED
UPON ANY DEFECT IN THIS SURVEY WINN THREE TEARS AFTER YOU FlRSI
DISCOJER SUCH DEFECT. IN NO EVENT NAT ANY ACTION BASED UPON ANY
DEFECT IN MIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE
OF THE CERTIFICATION SHOWN HEREON.
NOTES:
1. 5/8-INCH DIAMETER IRON PIN WITH CAP STAMPED 'UNE END SW INC
16637' RECOVERED AT POINT SHOWN THUS:
2. FEW WITH CAP STAMPED 'C R MOORE LS 10945' RECOVERED AT POINT
SHOWN THUS: O
3. THE BASIS FOR ME BEARINGS SHOWN IS THE ASSUMPTION THAT ME NORTH
LINE OF ME SOUTHWEST ONE-OUM ER OF SECTION 25 BEARS
S. 09' 41' 48' W.
STATE OF COLORADO )
) SS
COUNTY OF JEFFERSON )
ME FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
. 2006 A.D. BY TERRY SCHUMACHER AND PHILIP F. PARIS.
MY COMMISSION EXPIRES:
NOTARY PUBLIC
VICINITY MAP
WHE.QT~~o
LAND USE CASE PROCESSING APPLICATION
u m Community Development Department
7500 West 29th Avenue, Wheat Ridge, CO 80033
Phone (303) 235-2846
c~4 0 R N (Please print or type all information)
Applicant M Q C1 Q N n P )I A)a,(A J e vl Address -2 toS p Cc wt cy r Phone- 23`j (oil
City 1n14 e cCF d State O Zip 8Oal N Fax
Owner ~n~=~avnvta ~vUc4- ~ Address ~2(oS0 i-CuA/rtcvt Phone333231f(0,?i?
City State q~Q Zip 80Z l~ Fax
Contact Address Phone
City State Zip Fax
(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 (address):
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 ❑ Special Use Permit
❑ Consolidation Plat ❑ Subdivision: Minor (5 lots or less)
❑ Flood Plain Special Exception ❑ Subdivision: Major (More than 5 lots)
Z 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: yv'\oy o- I ~d - 1JAe 1S *~Zt S~9 Fln
Required information: #2(oSb ~vs~yn -426So
Assessors Parcel Number: 2 2 866 x1738 Size of Lot (acres or square footage): M 288 i8r776
Current Zoning: Ve S i c) ¢z c% Proposed Zoning:
Current Use: Proposed Use:
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-attorney from the owner which approved of this action on his behalf.
Signature of Applicant \(XJ
Subscrib d and sworn day of 52(0 2au~4Y , 20 O C
'10TAI~Jp~t- He
My oo ission expires J p/i/O
To be filled out by staff: 7•. pl/BL1G '
Date received Q Fee $ Receipt Case No. Lt--A--o -0 3
Comp Plan Desig. Zoning Quarter Section Map 576c)~-T-"
Related Case No. Pre-App Mtg. Date Case Manager~~/C
Return To:
PACIFIC REPUBLIC MORTGAGE CORPORATION
2150 TOWNE CENTRE PLACE
SUITE 300
ANAHEIM, CA. 92806
Prepared By:
PACIFIC REPUBLIC MORTGAGE CORPORATION
5690 DTC BLVD. STE 150E
GREENWOOD, CO 80111
Loan No. 77490387 /PG
[Space Above This Line For Recording Daf
DEED OF TRUST
MIN 1001201-0077490387-7
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are
also provided in Section 16.
(A) "Security Instrument" means this document, which is dated
together with all Riders to this document.
(B) "Borrower" is MARIANNE ZWAHLEN
Borrower is the trustor under this Security Instrument.
(C) "Lender" is PACIFIC REPUBLIC MORTGAGE CORPORATION
Lender isa CALIFORNIA CORPORATION
July 24th, 2003
COLORADO-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS
-6A(CO) (0005)
m
Page 1 of 15 Initials:
VMP MORTGAGE FORMS- (800)521-]291
106a01co.0101
Form 3006 1101
organized and existing under the laws of THE STATE OF CALIFORNIA
Lender's address is 2150 TOWNE CENTRE PLACE, SUITE 300
ANAHEIM, CA 92806
(D) "Trustee" is the Public Trustee of JEFFERSON County, Colorado.
(E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is
acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary
under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an
address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MEAS.
(F) "Note" means the promissory note signed by Borrower and dated July 24, 2003
The Note states that Borrower owes Lender ONE HUNDRED EIGHTY-SEVEN THOUSAND FIVE
HUNDRED and N01100 Dollars
(U.S. $ 187, 500.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than August 1, 2033
(G) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property."
(M "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.
(1) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
0 Adjustable Rate Rider 0 Condominium Rider 0 Second Home Rider
0 Balloon Rider 0 Planned Unit Development Rider 0 1-4 Family Rider
VA Rider ❑ Biweekly Payment Rider E::] Other(s) [specify]
Q) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
(I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit
or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller
machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers.
(M) "Escrow Items" means those items that are described in Section 3.
(l) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i)
damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the
Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the
value and/or condition of the Property.
(O) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.
(P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
77490387 /PG
Initials:
(M-6A(CO) (0005) Pape 2 of 15 Form 3006 1/01
m
106a02co.0101
(Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to
time, or any additional or successor legislation or regulation that governs the same subject matter. As used
in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard
to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage
loan" under RESPA.
(R) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or
not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's
successors and, assigns) and the successors and assigns of MERS. This Security Instrument secures to
Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii)
the performance of Borrower's covenants and agreements under this Security Instrument and the Note.
For this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants
and conveys to Trustee, in trust, with power of sale, the following described property located in the
COUNTY of JEFFERSON
[Type of Recording Jurisdiction] [Name of Recording Jurisdiction]
THAT PART OF THE SOUTHWEST 1/4 OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE
69 WEST OF THE 6TH P.M. DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON
THE EAST LINE OF LAMAR STREET WHICH IS 1347 FEET EAST AND 330 FEET
NORTH OF THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4; THENCE NORTH
ALONG THE EAST LING OFG LAMAR STREET 60 FEET; THENCE EAST AT RIGHT
ANGLES TO THE EAST LINE OF SAID STREET 140 FEET; THENCE SOUTH AND
PARALLEL TO SAID EAST LINE OF SAID STREET 60 FEET; THENCE WEST 140
FEET TO POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO.
Parcel ID Number: 39-253-00-029
2650 LAMAR STREET
WHEAT RIDGE
("Property Address"):
which currently has the address of
[Street]
[City], Colorado 80214- [Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and
additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title
to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or
custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any
or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to
take any action required of Lender including, but not limited to, releasing and canceling this Security
Instrument.
Initials: 77490387 /PG
(M-6A]CO) (ooo5) Page 3 of 15 Form 3006 1101
m
1061103co.0101
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances
of record. Borrower warrants and will defend generally the title to the Property against all claims and
demands, subject to any encumbrances of record and liens for taxes for the current year not yet due and
payable.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items
pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.
currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security. Instrument be made in one or more of the following forms, as
selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a
federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section 15.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to
bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan
current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial
payments in the future, but Lender is not obligated to apply such payments at the time such payments are
accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay
interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring
the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply
such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding
principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower
might have now or in the future against Lender shall relieve Borrower from making payments due under
the Note and this Security Instrument or performing the covenants and agreements secured by this Security
Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest
due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments
shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts
shall be applied first to late charges, second to any other amounts due under this Security Instrument, and
then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and
the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received
from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be
paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or
more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall
be applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under
the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. F1mds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due
under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due
for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a
lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c)
premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance
premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage
Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow
Initials: 77490387 /PG
®6A(CO) J0005) Page 4 of 15 Form 3006 1/01
10604co.0101
Items." At origination or at any time during the term of the Loan, Lender may require that Community
Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and
assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to
be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives
Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's
obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be
in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts
due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires,
shall famish to Lender receipts evidencing such payment within such time period as Lender may require.
Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to
be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement"
is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and
Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9
and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such
amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in
accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in
such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply
the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in
any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time
specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing
or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower
any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest
shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the
Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,
as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12
monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make
up the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund
to Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payments or
ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To
the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
77490387 /PG
Initials;
-6A(CO) 100051 Page 5 of 15 Form 3006 1101
OD
106a05co.0101
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable
to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith
by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to
prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings
are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating
the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien
which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the
lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or
more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or
reporting service used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the term "extended coverage," and any
other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance.
This insurance shall be maintained in the amounts (including deductible levels) and for the periods that
Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of
the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's
right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may
require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone
determination, certification and tracking services; or (b) a one-time charge for flood zone determination
and certification services and subsequent charges each time remappings or similar changes occur which
reasonably might affect such determination or certification. Borrower shall also be responsible for the
payment of any fees imposed by the Federal Emergency Management Agency in connection with the
review of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might
not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk,
hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall
become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest
at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from
Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as
mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal
certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender,
for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and
shall name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree
in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall
be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to
hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the
initials; 77490387 /PG
(M-6A(CO) (0005) Page 6 of 15 Form 3006 1101
106a06co.0101
work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken
promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series
of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law
requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any
interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by
Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If
the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance
proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with
the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in
Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance
claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the
insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day
period will begin when the notice is given. In either event, or if Lender acquires the Property under
Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance
proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and
(b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by
Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the
coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or
to pay amounts unpaid under the Note or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy the
Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender
otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the
Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in
order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is
determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall
promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or
condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower
shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such
purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of
progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient
to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of
such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender
(or failed to provide Lender with material information) in connection with the Loan. Material
representations include, but are not limited to, representations concerning Borrower's occupancy of the
Property as Borrower's principal residence.
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9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If
(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there
is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under
this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in the Property and rights under this Security
Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing
the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien
which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable
attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including
its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to,
entering the Property to make repairs, change locks, replace or board up doors and windows, drain water
from pipes, eliminate building or other code violations or dangerous conditions, and have utilities tumed
on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not
under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all
actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the
lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless
Lender agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason,
the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain
coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially
equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate
mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not
available, Borrower shall continue to pay to Lender the amount of the separately designated payments that
were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these
payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be
non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be
required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss
reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires)
provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires
separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage
Insurance as a condition of making the Loan and Borrower was required to make separately designated
payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to
maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's
requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and
Lender providing for such termination or until termination is required by Applicable Law. Nothing in this
Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it
may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage
Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may
enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements
are on terms and conditions that are satisfactory to the mortgage insurer and the other parry (or parties) to
these agreements. These agreements may require the mortgage insurer to make payments using any source
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of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage
Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer,
any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that
derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in
exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement
provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the
premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount
Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights
may include the right to receive certain disclosures, to request and obtain cancellation of the
Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a
refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or
termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of
the Property, if the restoration or repair is economically feasible and Lender's security is not lessened.
During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds
until Lender has had an opportunity to inspect such Property to ensure the work has been completed to
Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the
repairs and restoration in a single disbursement or in a series of progress payments as the work is
completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such
Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such
Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would
be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,
whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be
applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with
the excess, if any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is equal to or
greater than the amount of the sums secured by this Security Instrument immediately before the partial
taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums
secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds
multiplied by the following fraction: (a) the total amount of the sums secured immediately before the
partial taking, destruction, or loss in value divided by (b) the fair market value of the Property
immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is less than the
amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums
secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the
Opposing Parry (as defined in the next sentence) offers to make an award to settle a claim for damages,
Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized
to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the
sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party
that owes Borrower Miscellaneous Proceeds or the parry against whom Borrower has a right of action in
regard to Miscellaneous Proceeds.
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Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's
interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if
acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be
dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material
impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of
any award or claim for damages that are attributable to the impairment of Lender's interest in the Property
are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be
applied in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Security Instrument granted by Lender
to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower
or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against
any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify
amortization of the sums secured by this Security Instrument by reason of any demand made by the original
Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or
remedy including, without limitation, Lender's acceptance of payments from third persons, entities or
Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or
preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants
and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Security Instrument but does not execute the Note (a 'co-signer"): (a) is co-signing this
Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the
terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security
Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or
make any accommodations with regard to the terms of this Security Instrument or the Note without the
co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes
Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain
all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in
writing. The covenants and agreements of this Security Instrument shall bind (except as provided in
Section 20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees.
In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific
fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge
fees that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so
that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the
charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted
limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal
owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the
reduction will be treated as a partial prepayment without any prepayment charge (whether or not a
prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by
direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out
of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument
must be in writing. Any notice to Borrower in correction with this Security Instrument shall be deemed to
have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's
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notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers
unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address
unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly
notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's
change of address, then Borrower shall only report a change of address through that specified procedure.
There may be only one designated notice address under this Security Instrument at any one time. Any
notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address
stated herein unless Lender has designated another address by notice to Borrower. Any notice in
connection with this Security Instrument shall not be deemed to have been given to Lender until actually
received by Lender. If any notice required by this Security Instrument is also required under Applicable
Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security
Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be
governed by federal law and the law of the jurisdiction in which the Property is located. All rights and
obligations contained in this Security Instrument are subject to any requirements and limitations of
Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it
might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In
the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable
Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be
given effect without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and
include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to
take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
"Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited
to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or
escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower
is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior
written consent, Lender may require immediate payment in full of all sums secured by this Security
Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay
these sums prior to the expiration of this period,. Lender may invoke any remedies permitted by this
Security Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time
prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in
this Security Instrument; (b) such other period as Applicable Law might specify for the termination of
Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those
conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security
Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or
agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited
to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the
purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d)
takes such action as Lender may reasonably require to assure that Lender's interest in the Property and
rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security
Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and
expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c)
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certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon
an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic
Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby
shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not
apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in
the Note (together with this Security Instrument) can be sold one or more times without prior notice to
Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects
Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan
servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be
one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan
Servicer, Borrower will be given written notice of the change which will state the name and address of the
new Loan Servicer, the address to which payments should be made and any other information RESPA
requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is
serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations
to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not
assumed by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this
Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by
reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such
notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the
other party hereto a reasonable period after the giving of such notice to take corrective action. If
Applicable Law provides a time period which must elapse before certain action can be taken, that time
period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and
opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to
Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective
action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides
and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials;
(b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response
action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental
Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental
Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do,
nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental
Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding
two sentences shall not apply to the presence, use, or storage on the Property of small quantities of
Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
maintenance of the Property (including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit
or other action by any governmental or regulatory agency or private party involving the Property and any
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Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of
release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a
Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified
by any governmental or regulatory authority, or any private parry, that any removal or other remediation
of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on
Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to
acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a)
the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date
the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the
default on or before the date specified in the notice may result in acceleration of the sums secured by
this Security Instrument and sale of the Property. The notice shall further inform Borrower of the
right to reinstate after acceleration and the right to assert in the foreclosure proceeding the
non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is
not cured on or before the date specified in the notice, Lender at its option may require immediate
payment in full of all sums secured by this Security Instrument without further demand and may
invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be
entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22,
including, but not limited to, reasonable attorneys' fees and costs of title evidence.
If Lender invokes the power of sale, Lender shall give written notice to Trustee of the
occurrence of an event of default and of Lender's election to cause the Property to be sold.
Lender shall mail a copy of the notice to Borrower as provided in Section 15. Trustee shall record a
copy of the notice in the county in which the Property is located. Trustee shall publish a notice of sale
for the time and in the manner provided by Applicable Law and shall mail copies of the notice of sale
in the manner prescribed by Applicable Law to Borrower and to the other persons prescribed by
Applicable Law. After the time required by Applicable Law, Trustee, without demand on Borrower,
shall sell the Property at public auction to the highest bidder for cash at the time and place and under
the terms designated in the notice of sale in one or more parcels and in any order Trustee determines.
Trustee may postpone sale of any parcel of the Property by public announcement at the time and
place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale.
Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time
the purchaser will be entitled to Trustee's deed. The recitals in the Trustee's deed shall be prima facie
evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in
the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's
and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the
person or persons legally entitled to it.
23. Release. Upon payment of all sums secured by this Security Instrument, Lender shall request
that Trustee release this Security Instrument and shall produce for Trustee, duly canceled, all notes
evidencing debts secured by this Security Instrument. Trustee shall release this Security Instrument without
further inquiry or liability. Borrower shall pay any recordation costs and the statutory Trustee's fees.
24. Waiver of Homestead. Borrower waives all right of homestead exemption in the Property.
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BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
Witnesses:
MARIANNE ZWAHLEN
(M-6A(CO) (0005)
_ (Seal)
-Borrower
_ (Seal)
-Borrower
_ (Seal)
-Borrower
_ (Seal)
-Borrower
_ (Seal)
-Borrower
_ (Seal)
-Borrower
(Seal) (Seal)
-Borrower -Borrower
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STATE OF COLORADO,
The foregoing instrument was acknowledged before me this
by MARIANNE ZWAHLEN
Witness my hand and official seal.
My Commission Expires:
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B
Notary Public
day of
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RECORD AND RETURN TO:
COLORADO FEDERAL SAVINGS BANK
770 WEST HAMPDEN, #201
ENGLEWOOD, COLORADO 80110
[Space Above This Line For Recordog Datal
DEED OF TRUST 455136
THIS DEED OF TRUST ("Security Instrument") is made on MARCH 23,1999 among the grantor,
MARIANNE G ZWAHLEN
("Borrower"),
the Public Trustee of JEFFERSON Comity ("Trustee"), and the beneficiary,
COLORADO FEDERAL SAVINGS BANK
which is organized and
existing under the laws of THE UNITED STATES OF AMERICA , and whose address is
8400 EAST PRE, NTICE AVENUE SUITE 545, ENGLEWOOD, COLORADO 80111
("Lender"). Borrower owes Lender the principal sum of
ONE HUNDRED TEN THOUSAND SEVEN HUNDRED FIFTY AND 00/100
Dollars (U.S. $ 110,750.00 This debt is evidenced by Borrower's note dated the same date as this Security
Instrument ("Note"), which provides for monthly payments, with the frill debt, if not paid earlier, due and payable
on APRIL 01, 2029 . This Security Instrument secures to Lender: (a) the repayment of the debt
evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment
of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and
(c) the performance of Borrower's covenants and agreements under thus Security Instrument and the Note. For this
purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to
Trustee, intrust, with power of sale, the following described property located in JEFFERSON
County, Colorado:
COLORADO-Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3006 1/91
23CO : 08/97 rage 1 of 8
A PARCEL OF LAND LOCATED IN THE SOUTH 1/2 OF SOUTHWEST 1/4 OF
SOUTHEAST 1/4 OF SOUTHWEST 1/4 OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE
69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, JEFFERSON COUNTY, STATE OF
COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO-WIT:
COMMENCING AT A POINT 1155.0 FEET WEST AND 230.0 FEET NORTH OF THE
SOUTH 1/4 CORNER OF SAID SECTION 25; THENCE WEST PARALLEL WITH THE
SOUTH LINE OF SAID SOUTHWEST 1/4, A DISTANCE OF 143.0 FEET; THENCE
NORTH, PARALLEL WITH THE EAST LINE OF SAID SOUTHWEST 1/4, A DISTANCE
OF 100.0 FEET; THENCE EAST, PARALLEL WITH THE SOUTH LINE OF SAID
SOUTHWEST 1/4, A DISTANCE OF 143.0 FEET, THENCE SOUTH, PARALLEL WITH
THE EAST LINE OF SAID SOUTHWEST 1/4, A DISTANCE OF 100.0 FEET TO THE
POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO.
which has the address of 2640 LAMAR STREET
W HEATRID GE
[City]
[street]
COLORADO 80214 ("Property Address");
[slate] [Zip Code]
TOGETHER WITH all the improvements now or hereafter erected.on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be
covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the
"Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right
to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.
Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to
any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants
with limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when
due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under
the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower
shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum
("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on
the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property
insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any;
and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lien of the
payment of mortgage insurance premiums. These items are called "Escrow Items." Lender may, at any time,
collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage
loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974
as amended from time to time, 12 U.S.C. § 2601 et seq. ("RESPA"), unless another law that applies to the Funds
sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser
amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of
expenditures of future Escrow Items or otherwise in accordance with applicable law.
02FF : 09196 Page 2 of 8
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or
entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply
the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the funds, annually
analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds
and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a.
one-time charge for an independent real estate lax reporting service used by Lender in connection with this loan,
unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be
paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender
may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without
charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each
debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security
Instrument.
If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account
to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the
Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify
Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the
deficiency. Borrower shall make up the deficiency in no more than twelve montlily payments, at Lender's sole
discretion.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to
Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender,
prior to the acquisition or sale of the Properly, shall apply any Funds held by Lender at the time of acquisition or
sale as a credit against the sums secured by this Security Instmment.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender
under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to
amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due
under the Note.
4. Chm ges; Lien. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to
the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if
any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner,
Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender
all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall
promptly famish to Lender receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:
(a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b)
contests in good faille the lien by, or defends against enforcement of the lien in, legal proceedings which in the
Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an
agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any
part of the Properly is subject to a lien which may attain priority over this Security Instrument, Lender may give
Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth
above within 10 days of the giving of notice.
5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected
on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other
hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in
the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen
by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain
coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the
Properly in accordance with paragraph 7.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause.
Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to
Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice
to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or
repair of the Property damaged, if the restoration or repair is economically feasible and Lenders security is not
lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the
insurance proceeds shall be applied to the sums secured by this Security Instmmment, whether or not then due, with
any excess paid to Borrower. If Borrower abandons the Property , or does not answer within 30 days a notice from
Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds.
03FF : 09/96 Page 3 of 8
Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,
whether or not then due. The 30-day period will begin when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not
extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount
of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance
policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the
extent of the suers secured by this Security Instrument immediately priority the acquisition.
6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan
,Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within sixty days after the execution of this Security Instrument and shall continue to occupy the
Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender
otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the
Property, allow the Property to deteriorate, or commit waste on the Properly. Borrower shall be in default if any
forfeiture action or proceeding, whether civil or criminal;; is begun that in Lender's good faith judgment could
result in forfeiture of the Property or otherwise materially :impair the lien created by this Security Instrument or
Lender's security interest. Borrower may core such a default and reinstate, as provided in paragraph 18, by causing
the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes
forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this
Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan
application process, gave materially false or inaccurate information or statements to Lender (or failed to provide
Lender with any material information) in connection with the loan evidenced by the Note, including, but not
limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this
Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower
acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger
in writing.
7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and
agreements contained in this Security Instrument, or there is a legal proceeding that may significtutly affect
Lender's rights in the Properly (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to
enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the
Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by it lien
which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering
on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to
do so.
Any amounts disbursed by Lender under flus paragraph 7 shall become additional debt of Borrower segued by
this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear
interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender
to Borrower requesting payment.
S. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by
this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect.
If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower
shall pay the preminnms required to obtain coverage substantially equivalent to the mortgage insurance previously
in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,
from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is
not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage
insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender
will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments
may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the
period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained.
Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve,
until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower
and Lender or applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender
shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
04FF : 09196 Rage 4 of 8
10. Condemnation. The proceeds of any award or claim for damages, director consequential, in comhection
with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are
hereby assigned and shall be paid to Lender.
In the event of a total taking of tae Property, the proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then doe, with any excess paid to Borrower. In the event of a partial taking of the
Property in which the fair market value of the Property immediately before the taking is equal to or greater than
the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and
Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of
the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the
taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be
paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property
immmediately before the taking is less than the aumount of the sums secured immediately before the taking, unless
Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be
applied to the sums secured by this Security Instrument whether or not the suns are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers
to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date
the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or
repair of the Property or to the sums secured by this Security Instrument whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not
extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount
of such payments.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor
in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors
in interest. Lender shall not be required to continence proceedings against any successor in interest or refuse to
extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by
reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by
Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and
agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower,
subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any
Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security
Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this
Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c)
agrees that Lender and any other Borrower may agree to extend, modify, forbear or make awry acconnlodations
with regard to the tents of this Security Instrument or the Note without that Borrower's consent.
13. Loan Charges. If the loan secured by this Security Instrument is subject to it late which sets maximum
loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be
collected in connection with the loan exceed the pennitted limits, then: (a) any such loan charge shall be reduced
by the amount necessary to reduce the charge to the permitted lint; and (b) any sums already collected from
Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund
by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces
principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or
by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed
to the Properly Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall
be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to
Borrower. Any notice provided for in this Security Instrument shall be deenmcel to have been given to Borrower or
Lender when given as provided in this paragraph.
15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of
the jurisdiction in which the Property is located. In the event that any provision or clause of this Security
Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this. Security
Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of
this Security Instrument and the Note are declared to be severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security
Instrument.
05FF : 09/96 Page 5 of 8
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Properly or any
interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not
a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in
frill of all sums secured by this Security Instrument. However, this option shrill not be exercised by Lender if
exercise is prohibited by federal law as of the date of this Security Instrument.
If Lender exercises this option, Lender stall give Borrower notice of acceleration. The notice shall provide a
period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all
sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,
Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on
Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Bonower shall have the right to
have enforcement of this Security Instrument discontinued at any time prior to the earlier of., (a) 5 days (or such
other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of
sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those
conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument
and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c)
pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys'
fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument,
Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall
continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby
shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in
the case of acceleration under paragraph 17.
19. Sale of Note; Change of Loan Servicer. The Note or a. partial interest in the Note (together with this
Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a.
change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this
Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note.
If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with
paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and
the address to which payments should be made. The notice will also contain any other information required by
applicable law.
20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or
release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do,
anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall
not apply to the presence, rise, or storage on.the Property of small quantities of Hazardous Substances that are
generally recognized to be appropriate to normal residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other
action by any governmental or regulatory agency or private party involving the Property and any Hazardous
Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by
any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance
affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance
with Environmental Law.
As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous
substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic
petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or
Formaldehyde, and radioactive materials. As used in this paragraph 20, "Enviromnental Law" means federal laws
and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender fintiner covenant and agree as follows:
OGFF : 09196 Page 6 of 8
21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration
under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b)
the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to
Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date
specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of
the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the
right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower
to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its
option may require immediate payment in full of all sums secured by this Security Instrument without
further demand and may involve the power of sale and any other remedies permitted by applicable law.
Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph
21, including, but not limited to, reasonable attorneys' fees and costs of title evidence.
If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an
event of default and of Lender's election to cause the Property to be sold. Lender shall mail a copy of the
notice to Borrower as provided in paragraph 14. Trustee shall record it copy of the notice in the county in
which the Property is Iocuted. Trustee shall publish a notice of sale for the time and in the manner
provided by applicable law and shall mail copies of the notice of sale in the manner prescribed by
applicable law to Borrower and to the other persons prescribed by applicable law. After the time required
by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the
highest bidder for cash at the time and place and under the terms designated in the notice of sale in one or
more parcels and in any order Trustee determines. Trustee may postpone sale of any parcel of the Property
by public announcement at the time and place of any previously scheduled side. Lender or its designee may
purchase the Property at any sale.
Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time the
purchase will be entitled to Trustee's deed. The recitals in the Trustee's deed shall be prima facie evidence
of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following
order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees;
(b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally
entitled to it.
22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall request that Trustee
release this Security Instrument and shall produce for Trustee, duly cancelled, all notes evidencing debts segued
by this Security Instrument. Trustee shall release this Security Instrument without further inquiry or liability.
Borrower shall pay any recordation costs and the statutory Trustee's fees.
23. Waiver of Homestead. Borrower waives all right of homestead exemption in the Property.
24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded
together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into
and sltiall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a
part of this Security Instrument. [Check applicable box(es)]
❑ Adjustable Rate Rider ❑ Condominium Rider ® 1-4 Family Rider
❑ Graduated Payment Rider ❑ Planned Unit Development Rider ❑ Biweekly Payment Rider
❑ Balloon Rider ❑ Rate Improvement Rider ❑ Second Home Rider
❑ Other(s) [specify]
24CO: 08/97 Page 7 of 8
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
vistrument and in any rider(s) executed by Borrower and recorded with it.
Witnesses:
(Seal)
MARIANNE G ZWAHLEN -Borrower
(Seal)
(Seal)
[Space Below This Line For Acknowledgment]
STATE OF CO , DENVER COUNTY SS:
The foregoing insimment was acknowledged before me this 23RD day of MARCH 1999 , by
MARIANNE G ZWAHLEN
Witness my hand and official seal:
My comunission expires: Notary Public
25CO : 08197 Page 8 of 8
1-4 FAMILY RIDER
Assignment of Rents ass136
THIS 14 FAMILY RIDER is made tins 23RD day of MARCH , 1999 , and is incorporated
into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security
Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to
COLORADO FEDERAL SAVINGS BANK
(the "Lender") of the same date and covering the Property described in the Security Instrument and located at:
2640 LAMARSTREET, WHEATRIDGE, COLORADO 80214
[Property Address]
1-4 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security Instrument,
Borrower and Lender further covenant and agree as follows:
A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to the
Property described in the Security Instrument, the following items are added to the Property description, and shall
also constitute the Property covered by the Security Instrument: building materials, appliances and goods of every
nature whatsoever now or hereafter located in, on, or used, or intended to be used in connection with the Property,
including, but not limited to, those for the purposes of supplying or distributing heating, cooling, electricity, gas,
water, air and light, fire prevention and extinguishing apparatus, security and access control apparatus, plumbing,
bath tubs, water beaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers,
awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors,
cabinets, parcelling and attached floor coverings now or hereafter attached to the Property, all of which, including
replacements and additions thereto, shall be deemed to be and remain a part of the Properly covered by the
Security Ins(ru cont. All of file foregoing together with the Property described in the Security [nstnmccnl (or the
leasehold estate if (lie Security Instrument is on a leasehold) are reforred to in (his 1-4 Family Rider and the
Security Instrument as the "Property."
B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree to or make a
change in the use of the Property or its zoning classification, unless Lender has agreed in writing to the change.
Borrower shall comply with all laws, ordinances, regulations and requirements of any governmental body
applicable to the Property.
C. SUBORDINATE LIENS. Except as permitted by federal law, Borrower shall not allow, any lien inferior
to the Security Instrument to be perfected against the Property without Lender's prior written permission.
D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in addition to the other
hazards for which insurance is required by Uniform Covenant 5.
E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Unifomm Covenant 18 is deleted.
F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, the first
sentence in Uniform Covenant 6 concerning Borrower's occupancy of the Property is deleted. All remaining
covenants and agreements set forth in Uniform Covenant 6 shall remain in effect.
G. ASSIGNMENT OF LEASES. Upon Lender's request, Borrower shall assign to Lender all leases of the
Property and all security deposits made in connection with leases of the Property. Upon the assigimmirt, Lender
shall line the right to modify, extend or terminate the existing leases and to execute new leases, in Lender's sole
discretion. As used in this paragraph G, the word "lease" shall mean "sublease" if the Security instrument is on a.
leasehold.
MULTISTATE 1-4 FAMILY RIDER--Fannie Mae/Freddie Mac Uniform Instrument Form 3170 9/90
14FF: 06/96 - Page 1 01'2
R. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION.
Borrower absolutely and unconditionally assigns and transfers to Lender all the rents and revenues ("Rents") of the
Properly, regardless of to whom the Rents of the Property are payable. Borrower authorizes Lender or Lender's
agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender or Lender's
agents. However, Borrower shall receive the Rents until (i) Lender has given Borrower notice of default pursuant
to paragraph 21 of the Security Instrument and (ii) Lender has given notice to the tenant(s) that the Rents are to be
paid to Lender or Lender's agent. This assignment of Rents constitutes an absolute assignment and not an
assignment for additional security only.
If Lender gives notice of breach to Borrower: (i) all Rents received by Borrower shall be held by Borrower as
trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (ii) Lender shall
be entitled to collect and receive all of the Rents of the Property; (iii) Borrower agrees that each tenant of the
Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the
tenant; (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender's agents shall be
applied first to the costs of taking control of and managing the Property and collecting the Rents, including, but
not limited to, attorney's fees, receiver's fees, premiums on receiver's bonds, repair and maintenance costs,
insurance premiums, taxes, assessments and other charges on the Property, and then to the sums secured by the
Security Instrument; (v) Lender, Lender's agents or airy judicially appointed receiver shall be liable to account for
only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take
possession of and manage the Property and collect the Rents and profits derived from the Property without any
showing as to the inadequacy of the Property as security.
If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the Property
and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of
Borrower to Lender secured by the Security Instrument pursuant to Uniform Covenant 7.
Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has
not and will not perform any act that would prevent Lender from exercising its rights tinder this paragraph.
Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter upon, take control
of or maintain the Property before or after giving notice of default to Borrower. However, Lender, or Lender's
agents or a judicially appointed receiver may do so at any time when a default occurs. Any application of Rents
shalt not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents of
the Property shall ternuruite when all the sums secured by the Security Instrument are paid in full.
L CROSS-DEFAULT PROVISION. Borrower's default or breach under any note or agreement in which
Lender has an interest shall be a breach tinder the Security Instrument and Lender may invoke any of the remedies
permitted by the Security Instrument
BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this 1-4 Family
Rider.
(Seal)
MARIANNE G ZWAHLEN -Borrower
(Seal)
(Seal)
(Seal)
15FF : 08196 Page 2 of 2
Address 8400 EAST PRENTICE AVENUE SUITE 545
Date of Deed of Trust MARCH 23, 1999
Recording Date of Deed of Trost
CountyofRecording JEFFERSON
Film No. Reception No. Book No. Page No.
I{NOW ALL MEN BY THESE PRESENTS that
MARIANNE G ZWAHLEN
did grant, bargain, sell and convey the property described in the Deed of Trust to the Public Trustee in the County in w1rch said
property is located, to be held in trust to secure the payment of a Pronussory Note for the original principal sum of $ 110,750.00 ,
together with interest.
NOW THEREFORE, in consideration of the sum of TEN AND NO/100ths DOLLARS and other good and valuable
consideration, paid to the assignor, the receipt and sufficiency of which is hereby acknowledged, the said assignor hereby assigns
unto the said assignee, the said Deed of Trust and note secured thereby, together with all moneys now owing or that may hereafter
become due or owing in respect thereof, and the full benefit of all the powers and of all the covenants and provisos therein
contained, and the said assignor hereby grants and conveys unto the said assignee, the assignors beneficial interest under the Deed of
Trust which creates a lien on the following described property, situate in the County of JEFFERSON Statc of
Colorado, to wit:
A PARCEL OF LAND LOCATED IN THE SOUTH 1/2 OF SOUTHWEST 1/4 OF SOUTHEAST 1/4 OF
SOUTHWEST 1/4 OF SECTION 25, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, JEFFERSON COUNTY, STATE OF COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS TO-WIT: COMMENCING AT A POINT 1155.0 FEET
WEST AND 230.0 FEET NORTH OF THE SOUTH 1/4 CORNER OF SAID SECTION 25; THENCE
WEST PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST 1/4, A DISTANCE OF 143.0
FEET; THENCE NORTH, PARALLEL WITH THE EAST LINE OF SAID SOUTHWEST 1/4, A
DISTANCE OF 100.0 FEET; THENCE EAST, PARALLEL WITH THE SOUTH LINE OF SAID
SOUTHWEST 1/4, A DISTANCE OF 143.0 FEET, THENCE SOUTH, PARALLEL WITH THE EAST
LINE OF SAID SOUTHWEST 1/4, A DISTANCE OF 100.0 FEET TO THE POINT OF BEGINNING,
COUNTY OF JEFFERSON, STATE OF COLORADO.
also known by street and number as: 2640 LAMAR STREET
WHEATRIDGE, COLORADO 80214
TO HAVE AND TO HOLD the said Deed of Trust and note, and also the said property unto the said assignee forever, subject
to the terns contained in said Deed of Trust and note.
And the said assignor hereby covenants with the assignee that the said Deed of Trust and note hereby assigned is a good and
valid security and that the sum of
dollars remains unpaid on the said note and that the said assignor has not done or permitted any act, matter or thing whereby the said
Deed of Trust has been released or discharged, either partly or in entirety and has the right to assign said Deed of Trust and note and
will upon request, do, perform and execute every act necessary to enforce the full performance of the covenants and agreements
therein contained and that this assigmnent and the covenants herein shill inure to the benefit and extend to and be binding upon the
heirs, personal representatives, successors and assigns of the respective parties hereto.
IN WITNESS WHEREOF, the assignor has executed these presents the day and year first above written.
Attest:
State of Colorado
County of
COLORADO FED AL SAVINGS BANK
BY:, PATRICK FJ ICE PRESIDENT
The foregoing instrument was acknowledged before me on MARCH 23, 1999
PATRICK FCG=. AS VTC'F. PRRCTrtFTPP rv ..r~r~nrrn zvn
WHEN RECORDED RETURN TO:
COLORADO FEDERAL SAVINGS BANK
770 W. HAMPDEN AVE., SUITE 201
ENGLEWOOD, CO 80110
NOT=~`
A
`®L IC `
1113,
(date) by
SN00: 08197
Case No.: LLA0603 Quarter Section Map No.: SW25
App: Last Name: wahlen Related Cases: App: First Name: Marianne J Case History: Lot line adjustment
Owner: Last Name: between 2640 & 2650
ame Lamar
Owner: First Name:
App Address: 2650 Lamar St. Review Body: dm.
City, State Zip: F V heat Ridge, CO 80214
App: Phone: 5 03-239-6817 APN: 139-253-00-029
Owner Address: ame 2nd Review Body:
City/State/Zip: 2nd Review Date:
Owner Phone: ame Decision-making Body: dm.
Project. Address: 640-50 Approval/Denial Date:
Street Name: Lamar Street
City/State, Zip: heat Ridge, CO 80214 Reso/Ordinance No.:
Case Disposition: Conditions of Approval:
District:
Project Planner: Crane
File Location: [Active Date Received: /8/2006
Notes:
-Up: Pre-App Date:
Follow-Up:
CITY OF WHEAT RIDGE
89/15/86 11.15 AN cdh
Marianne Zllahlen
RECEIPT NO-CO22251 AMOUNT
FMSD ZONING APPLICATION F 388.88
zone
PAYMENT RECEIVED AMOUNT
CK 7398 368.88
TOTAL 308.80