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HomeMy WebLinkAboutWA-03-047500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Telephone 303/235-2846 Ridge FAX 303/235-2857 April 4, 2003 Vance & Diane Kolesar 11626 West 37' Place Wheat Ridge, CO 80033 Dear Mr. & Mrs. Kolesar: RE: Case No. WA-03-04 Please be advised that at its meeting of March 27, 2003, the Board of Adjustment APPROVED your request for a 3.5 foot rear yard setback variance from the 5 foot rear yard setback requirement resulting in a 1.5 foot rear yard setback for property zoned Residential-One A and located at 11626 West 37s' Place for the following reasons: I. The lot in question is a corner lot without significant depth. This setback requirement renders approximately 5,610 square feet of the property as unusable. The applicant has stated and shown to the Board significant areas of landscaping and hardscaping that would have to be removed or altered if the shed were to be placed elsewhere on the property. 2. Granting the request will not alter the essential character of the locality. 3. The request will not impair the adequate supply of light and air to neighbors. 4. Granting the request will not increase congestion in public streets, nor increase the danger of fire. 5. A previous shed had existed in this location. 6. A petition was submitted by the applicant signed by six neighbors in approval of this variance. 7. The shed directly abuts a 6-foot solid wood fence. Enclosed is a copy of the Certificate of Resolution, as well as a draft copy of the minutes, stating the Board's decision which became effective the date of the meeting, March 27, 2003. Please feel free to contact me at (303) 235-2846 if you have any questions. Sincerely, Kathy Fiet'd Administrative Assistant Enclosures: Certificate of Resolution Draft of Minutes cc: WA-03-04 (case file) Building File CADmuments and Settings\kathyflMy Documents\Kathy\BOA\CORRESP\2003\wa0304approval.wpd CERTIFICATE OF RESOLUTION ORIGINAL I, Ann Lazzeri, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson, State of Colorado on the 27th day of March, 2003. CASE NO. WA-03-04 APPLICANT'S NAME: Vance and Diane Kolesar LOCATION: 11626 West 37th Place Upon a motion by Board Member ABBOTT and second by Board Member BLAIR, the following resolution was stated: WHEREAS, the applicant was denied permission by an administrative officer, and WHEREAS, Board of Adjustment Application Case No. WA-03-04 is an appeal to this Board from the decision of an administrative officer; and WHEREAS, the property has been posted the fifteen days required by law; and WHEREAS, there were no protests registered against the application; and WHEREAS, the relief applied for MAY be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No. WA-03-04 be, and hereby is, APPROVED. TYPE OF VARIANCE: A 3.5 foot rear yard setback variance from the 5 foot rear yard setback requirement resulting in a 1.5 foot rear yard setback for property zoned Residential-One A and located at 11626 West 37u Place. FOR THE FOLLOWING REASONS: 1. The lot in question is a comer lot without significant depth. This setback requirement renders approximately 5,610 square feet of the property as unusable. The applicant has stated and shown to the Board significant areas of landscaping and hardscaping that would have to be removed or altered if the shed were to be placed elsewhere on the property. 2. Granting the request will not alter the essential character of the locality. 3. The request will not impair the adequate supply of light and air to neighbors. Resolution No. WA-03-04 March 27, 2003 Page two (2) 4. Granting the request will not increase congestion in public streets, nor increase the danger of fire. 5. A previous shed had existed in this location. A petition was submitted by the applicant signed by six adjacent neighbors in approval of this variance. 7. The shed directly abuts a 6-foot solid wood fence. VOTE: YES: ABBOTT, BLAIR, DRDA, ECHELMEYER, HOVLAND, HOWARD, ROLLINS, SCHULZ NO: None DISPOSITION: A request for a 3.5 foot rear yard setback variance from the 5 foot rear yard setback requirement resulting in a 1.5 foot rear yard setback for property zoned Residential-One A and located at 11626 West 37`s Place was APPROVED. ADOPTED and made effective this 27th day of MARCH, 2003. .Z~zz~ P , air Board of Adjustment d., Za_~ - " Ann Lazzeri, Secretary Board of Adjustment CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting March 27, 2003 (The regular meeting was preceded by a dinner and training session at 6:00 p.m. in the second floor conference room of the municipal building.) 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair DRDA at 7:38 p.m. in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Members Present: Tom Abbott Bob Blair Paul Drda Bill Echelmeyer Paul Hovland Bob Howard IDRN Ellen Rollins Larry Schulz Staff Present: Meredith Reckert, Sr. Planner Travis Crane, Planner Mike Pesicka, Planning Technician Ann Lazzeri, Secretary The following is the official set of Board of Adjustment minutes for the Public Hearing of March 27, 2003. A set of these minutes is retained both in the office of the City Clerk and in the Community Development Department of the City of Wheat Ridge. 3. PUBLIC FORUM There was no one signed up to speak. 4. PUBLIC HEARING A. Case No. WA-03-04: An application filed by Vance and Diane Kolesar for approval of a 3.5 foot rear yard setback variance from the 5 foot rear yard setback requirement resulting in a 1.5 foot rear yard setback for property zoned Residential-One A and located at 11626 West 37 h Place. The case was presented by Mike Pesicka. He entered all pertinent documents into the record and advised the Board there was jurisdiction to hear the case. He reviewed the staff report and digital presentation. Staff recommended approval of the application for reasons outlined in the staff report. Board of Adjustment Page 1 03/27/03 In response to a question from Board Member ABBOTT, Mr. Pesicka explained that the original shed was erected before Wheat Ridge ordinances were in effect and could therefore have remained in perpetuity. However, since the applicant is replacing the shed, setback requirements must be met for the new structure. Vance Kolesar 11626 West 37`" Place Mr. Kolesar, the applicant, was sworn in by Chair DRDA. He submitted a set of photographs for review by the Board. In addition, he submitted a letter signed by Vance and Diane Kolesar explaining their need for a variance. Attached to this letter was a petition containing signatures of six neighbors who indicated their support for the variance. He stated that he had applied for a permit based upon incorrect information given to him by an acquaintance who told him there was no need for permit since the shed was under 120 square feet. Due to the configuration of his yard, he stated there was no other feasible location for the shed and, further, there are many other sheds in his neighborhood that are built very close to the property line. Mike Kashefska DRAFT 3723 Simms Street Mr. Kashefska, a neighbor of the applicant, was sworn in by Chair DRDA. He spoke in favor of the application. Board Member ECHELMEYER stated that there are nine other homes in Mr. Kolesar's neighborhood that have sheds built very close to the property line. In response to a question from Board Member HOWARD, Mr. Pesicka explained that a locate permit is required for structures under 120 square feet in size. There is no charge for this type of permit. Board Member HOVLAND stated that he believed the applicant had demonstrated a hardship and there would be no detrimental effect on the neighbors if the application were granted. Upon a motion by Board Member ABBOTT and second by Board Member BLAIR, the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, Board of Adjustment Application Case No. WA-03-04 is an appeal to this Board from the decision of an administrative officer; and Whereas, the property has been posted the fifteen days required by law; and in recognition that there were no protests registered against it; Board of Adjustment 03/27/03 Whereas, the relief applied for MAY be granted without detriment to the public welfare and without substantially impairing the intent and purpose of the regulations governing the City of Wheat Ridge. Now, therefore, be it resolved that Board of Adjustment Application Case No. WA- 03-04 be, and hereby is, APPROVED. Type of Variance: A 3.5 foot rear yard setback variance from the 5 foot rear yard setback requirement resulting in a 1.5 foot rear yard setback for property zoned Residential-One A and located at 11626 West 37th Place. For the following reasons: 1DR's FT 1. The lot in question is a corner lot without significant depth. This setback requirement renders approximately 5,610 square feet of the property as unusable. The applicant has stated and shown to the Board significant areas of landscaping and hardscaping that would have to be removed or altered if the shed were to be placed elsewhere on the property. 2. Granting the request will not alter the essential character of the locality. 3. The request will not impair the adequate supply of light and air to neighbors. 4. Granting the request will not increase congestion in public streets, nor increase the danger of fire. 5. A previous shed had existed in this location. 6. A petition was submitted by the applicant signed by six neighbors in approval of this variance. 7. The shed directly abuts a 6-foot solid wood fence. Board Member ROLLINS offered a friendly amendment to add a condition that would allow the variance to be in effect only for this property owner and not be allowed to transfer with the property in attempt to rectify the setback problem in the future. Board Member SCHULZ commented that it is unlikely the dimensions of the house or location of the fence would change in the future and, further, these types of sheds are common to the neighborhood. Board Member ABBOTT declined the friendly amendment and expressed concern that a new property owner would be required to come in for a variance on an existing shed. The motion carried 8-0. Chair DRDA advised the applicant that his request for variance had been approved. Board of Adjustment Page 3 03/27/03 o lot C c ~ O w ~ A~ th O ~ fC lot ~ V1 O lot O ~ K O ~ ~ C • vl ~O CD ~ n F.r. 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(Please print) Name Address In Favor/Opposed ~~~le..k~s~,-e~sk~ 3~a3 S~mmS ~Ryof CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: March 27, 2003 CASE NO. & NAME: WA-03-04/Kolesar CASE MANAGER: Michael Pesicka ACTION REQUESTED: Request for approval of a 1.5-foot rear yard setback variance from the 5-foot rear yard setback requirement resulting in 3.5-foot rear yard setback for property zoned Residential-One A. LOCATION OF REQUEST: NAME & ADDRESS OF APPLICANT (S): NAME & ADDRESS OF OWNER (S): 11626 W. 37`" Place Vance & Diane Kolesar 11626 W. 37"' Place Wheat Ridge, CO 80033 same APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: 11,500 square feet (.26 Acres) Residential-One A (R-1A) Single-Family Residence SURROUNDING ZONING: N, S, E &W: Residential-One A SURROUNDING LAND USE: N, S, E &W: Low-Density Residential ENTER INTO THE RECORD: (X) CASE FILE & PACKET MATERIALS (X) ZONING ORDINANCE ( ) SUBDIVISION REGULATIONS (X) EXHIBITS (X) DIGITAL PRESENTATION (X) OTHER JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore, there is jurisdiction to hear this case. 1. REQUEST The property in question is located at 11626 W. 37°i Place, and is currently a single-family residence. The property is zoned Residential-One A (R-IA), (Exhibitl, Zonjngdy)ap . The applicant (owner), Diane and Vance Kolesar (Dchibi} 2 Applicatigre), are requesting approval of a 1.5-foot rear yard setback variance from the 5-foot rear yard setback requirement resulting in a 3.5-foot rear yard setback Board of Adjustment WA-03-04/Kolesar for the purpose of allowing an 80 square foot storage shed on property zoned R lA (Ehihrt3; Eett@r of Regixe'st). The shed was placed on the property without a building permit; the applicant was then notified of the variance process and has cooperated with staff to come into compliance. H. SITE PLAN The applicant has submitted a site plan showing the location of the shed,(Exhibit 4, Site Plan). The property in question is approximately 11,500 square feet in area, which exceeds the minimum requirement of 9,600 square feet for a single-family residence on a comer lot in the R-IA zone district. The property has 125 feet of frontage on Simms Street, and 92 feet of frontage on W. 37' Place, which exceeds the minimum requirement for a single-family residence on a corner lot in the R-IA zone district. Pursuant to Section 26-206(B)O), corner lots are required to have a minimum of 80 feet per street frontage. Xcel Energy and Qwest Communications were contacted and have no issues with the placement of the storage shed. HL VARIANCE CRITERIA Staff has the following comments regarding the criteria used to evaluate a variance request: 1. Can the property in question yield a reasonable return in use, service or income if permitted to be used only under the conditions allowed by regulation for the district in which it is located? If the request is denied, the property may still receive a reasonable return in use. The property is currently utilized as a single-family residence, and this use may continue. 2. If the variance were granted, would it alter the essential character of the locality? The size of the shed is 80 square feet, and is located in the same location as a previous shed. Impact to the character of the locality will be minimal since the impact was already in place from the previous shed. The previous shed could have remained in perpetuity, even though it did not meet the setback requirement. 3. Does the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular and unique hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? The lot in question is a comer lot without significant depth. A 30-foot setback from any street is required for any structure in the R-IA zone district. This setback requirement renders approximately 5,610 square feet of the property unusable. The applicant has stated that significant areas of landscaping and hardscaping would need to be removed or altered if the shed is to be located elsewhere on the property. 4. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? The applicant, who has sole interest in the property, has created a self-imposed hardship by proposing a structure that does not meet the setback requirement for the district. A shed previously Board of Adjustment WA-03-04/Kolesar existed on the property in the same location as the new shed. The applicant did not know that a permit was required for a shed under 120 square feet in size. Sheds under 120 square feet require a no-fee location permit for the purpose of meeting setbacks. Pursuant to Section 26-120(C)(2) "If any structure or nonconforming portion thereof is demolished or reconstructed by the owner to an extent of more than fifty (50) percent of it replacement cost, it shall not be reconstructed except in conformity with the applicable provisions of this chapter." 5. Would the granting of the variance be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located, by, among other things, impairing the adequate supply of light and air to adjacent property, substantially increasing the congestion in public streets or increasing the danger of fire or endangering the public safety, or substantially diminishing or impairing property values within the neighborhood? The request would not be detrimental to the public welfare or injurious to other properties in the area. The adequate supply of light and air would not be compromised as a result of the request. The request would not increase congestion in the streets, nor increase the danger of fire. The request would most likely not have an effect on property values in the neighborhood. 6. If criteria 1 through 5 are found, then, would the granting of the variance result in a benefit or contribution to the neighborhood or the community, as distinguished from an individual benefit on the part of the applicant, or would granting of the variance result in a reasonable accommodation of a person with disabilities? The request would not result in a contribution or benefit to the neighborhood, and would merely be a convenience for the property owners. The request would not result in a reasonable accommodation of a person with disabilities. IV. STAFF CONCLUSIONS AND RECOMMENDATIONS Upon review of the above request, staff concludes that the above criteria are supportive of the variance request. Staff has found that there are unique circumstances attributed to the request that would warrant approval of a variance. Therefore, staff recommends APPROVAL for the following reasons: I. Granting the request will not alter the essential character of the locality. 2. Existing mature landscaping and hardscaping will need to be removed if the request is denied. 3. The request will not impair the adequate supply of light and air. 4. Granting the request will not increase congestion in public streets, nor increase the danger of fire. Board of Adjustment WA-03-04/Kolesar EXHIM i 1 OE 20 Raeu85'~' OFFICIAL ZONING MAP WHEAT RIDGE COLORADO DEPARTMENT OF PARCEULOT BOUNDARY (DESIGNATES OWNERSHIP) WATER FEATURE * DENOTES MULTIPLE ADDRESSES 100-YEAR FLOOD PLAIN D (APPROXIMATE LOCATION) NE 29 0 100 200 300 900 Fcd MAP ADOPTED: June 15, 1994 5E 29 oF~WHEgT LAND CASE PROCE EX11117BIT 2 of WHEgT~ Pc Planning and Develop 7500 West 29" Avenue, WI o Phone(303)2 C~CORP~~ ~C ORP~ (Please print or type all information) Applicant { ~c ¢_)a4w_ Koksa.f' Address 11626 bif 3T P/- Phone;-' 79- 7! City L(9/aekl- Rr` / State er Zip Roo-53 Fax Z79 31~P4 Owner //tune tPtqxe KO Asa Address //42-& a) 37 Pf Phone I79 XI& City a)J. F- dye State nto Zip 9003 Fax 2tA f49 Contact ~a6n~ Address 116X4 W 3 Z P!. Phone 1-M 71`149 City t4iwc~f ccltu State ('o/n zip 80033 Fax (The person listed as contact will a contacted to answer questions regarding this application, provide additional information when necessary, post public hearing signs, and will receive a copy of the staff report prior to Public Hearing.) Location of request (address): / ~l2 Ala Lc7 3 7 P1, 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) ❑ Interpretation of Code ❑ Preliminary ❑ Final ,AgLot Line Adjustment ❑ Right of Way Vacation 77 Planned Building Group ❑ Temporary Use, Building, Sign ❑ Site Development Plan approval XVariance/Waiver (from Section ) ❑ Zoning Ordinance Amendment f / ❑ Other: Detailed deescription/p~f request: e et G D G~ ~ l Kc~ d lC2 / /off ,1d1aCA4 9/t Q Id h25~ ~O L`@-~'Grt Required information: _ Assessors Parcel Number: 3% Size of Lot (acres or square footage): ~j 7Od Current Zoning: Rix Proposed Zoning: Current Use: Proposed Use: 2yok-fA_ Vud- 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 othe an owners must submit power-of-attomey from the owner which approved of this action on his behalf. Signature of Applicant-0 -go iEi worn to met is //'A y of l~eyra 20C>.3 10 NAOMI LUK IK NOTARY PU LIC STATE Of COLORADO tary Public My Commission Expires 10/22/2005 My commission expires Comp Plan E Related Case Fee $ C~ Receipt No._~ Zoning{-/ Pre-App Mtg. Date Case No. k/,4-0j -0'/ Quarter Section Map c Case Manager dSZC-1c. EXHIBIT 3 Vance and ]Diane 1[ olesar 11626 W. 371 Place Wheat Ridge, CO 80033 February 26, 2003 City of Wheat Ridge Board of Adjustments 7500 w. 291h Avenue Wheat Ridge, CO 80215 Dear Board Members: This is to explain an application for a variance for a storage shed located 18" from the south fence/lot line of our property. This shed was placed on a previous base location. A building permit was not obtained prior to installation since a contractor acquaintance had informed me that a permit was not required if the structure was to be less than 120 square feet (our misunderstanding). This is the only reasonable location in the small rear yard (approximately 1/4 of yard size - 1,260 square feet). The rest of the area is corner front and side yard. If the shed were moved west, it would shrink the already small yard. Moved inward from the fence line, it would be into a tree base and upward on a hillside/ slope, if closer to the house. The shed is of attractive construction and is compatible with the neighborhood. Three sheds (on their lot/fence lines are visible to the west from this yard. The neighboring properties to the south (located on other side of fence/neighboring this shed), and across the street to the east have sheds on the lot/fence lines. There are 12 of 14 sheds existing and located on the lot lines along the block/street to the south and °L" shaped street to the north. Thus, existence and location of storage sheds are common in this area. The shed and yard renovation are an asset to the neighborhood and improvement to this property. Please refer to enclosed photos and plan. Thank you for your consideration in this matter. Sincerely, Vance and iane Kolesar enc: photos and plan FFQ R 2003 cc: Mr. Michael Pesicka, Planning Technician, City of Wheat Ridge Ko 5-.SR R /142t W-37 PL. 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CL ~I 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80033 Wheat Ridge Telephone 303/235-2846 FAX 303/235-2857 March 13, 2003 Dear Property Owner: This is to inform you of Case No. WA-03-04 which is a request for approval of a 3.5 foot rear yard setback variance from the 5 foot rear yard setback requirement resulting in a 1.5 foot rear yard setback for property zoned Residential-One A (R-IA) and located at 11626 West 37" Place. This case will heard by the Wheat Ridge Board of Adjustment in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue on March 27, 2003, at 7:30 p.m. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. If you have any questions or desire to review any plans, please contact the Planning Division at 303-235-2846. Thank you. Planning Division. CADocuments and Settings\kathyf\My Documents\Kathy\BOA\pubnotice\2003\wa0304.wpd o yl' ~ ~ ' CO MetroScan / Jefferson L° -v - ) . ( Owner :Kirschbaum Roberta Pai._ : 030769 Site :11636 W 37th P1 Wheat Ridge 80033 Xfered : 05/08/1997 Mail :11636 W 37th PI Wheat Ridge Cc 80033 Price Use :1112 Res,Improved Land Phone : 303-424-7670 Bedrm: 4 Bath:1.75 TotRm: YB:1965 Pool: B1dgSF: 2,022 Ac: MetroScan / Jefferson (CO) • owner :Quaratino Rosemary Parcel : 030822 Site :3732 Simms St Wheat Ridge 80033 Xfered : 01/28/1986 Mail :3732 Simms St Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone : 303-421-3701 Bedrm: 4 Bath:2.25 TotRm: YB:1964 Pool: BldgSF: 1,720 Ac: * • MetroScan / Jefferson (CO) • Owner :Sheppard Richard A Parcel : 030841 Site :11647 W 37th Pl Wheat Ridge 80033 Xfered Mail :11647 W 37th Pl Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone Bedrm: Bath:1.75 TotRm: YB:1962 Pool: B1dgSF :2,520 Ac: MetroScan / Jefferson (CO) Owner :Konecny Dona M Wright Parcel :030842 Site :3742 Simms St Wheat Ridge 80033 Xfered :09/03/1983 Mail :3742 Simms St Wheat Ridge Co 80033 Price :$100,000 Use :1112 Res,Improved Land Phone Bedrm: Bath:1.75 TotRm: YB:1963 Pool: B1dgSF :1,458 Ac: MetroScan / Jefferson (CO) ; Owner :Lee Gertie M Parcel :030855 Site :11656 W 37th 21 Wheat Ridge 80033 Xfered :02/18/1977 Mail :11656 W 37th P1 Wheat Ridge Co 80033 Price :$66,000 Use :1112 Res,Improved Land Phone :303-423-4001 Sedrm: Bath:1.75 TotRm: YB:1963 Pool: BldgSF :1,519 Ac: • MetroScan / Jefferson (CO) • Owner :Lewis Kenneth E Parcel :030871 Site :11627 W 37th Pl Wheat Ridge 80033 Xfered :02/12/2001 Mail :11627 W 37th Pl Wheat Ridge Co 80033 Price :$206,000 Full Use :1112 Res,Improved Land Phone Bedrm: Bath:2.25 TotRm: YB:1964 Pool: B1dgSF :1,340 Ac: • MetroScan / Jefferson (CO) • Owner :Burch Wayne D/Susan L Parcel :065306 Site :3722 Simms St Wheat Ridge 80033 Xfered :11/12/1999 Mail :3772 Simms St Wheat Ridge Cc 80033 Price :$224,900 Full Use :1112 Res,Improved Land Phone Bedrm: Bath:3.00 TotRm: YB:1966 Pool: B1dgSF :2,122 Ac: • MetroScan / Jefferson (CO) • Owner :Shea Howard G Parcel :065320 Site :3752 Simms St Wheat Ridge 80033 Xfered :01/30/1998 Mail :3752 Simms St Wheat Ridge Cc 80033 Price Use :1112 Res,Improved Land Phone Bedrm: 4 Bath:2.50 TotRm: YB:1965 Pool: B1dgSF :1,702 Ac: * • MetroScan / Jefferson (CO) • Owner :Kashefska Michael L Parcel :068196 Site :3723 Simms St Wheat Ridge 80033 Xfered :08/26/1998 Mail :3723 Simms St Wheat Ridge Co 80033 Price :$205,000 Full Use :1112 Res,Improved Land Phone Bedrm: 4 Bath:2.50 TctRm: YB:1967 Pool: BidgSF :2,426 Ac: * • MetroScan / Jefferson (CO) • Owner :Jenkins Marie E Parcel :068199 Site :3712 Simms St Wheat Ridge 80033 Xfered :07/21/1997 Mail :3712 Simms St Wheat Ridge Cc 80033 Price Use :1112 Res,Improved Land Phone Bedrm :4 Bath:1.75 TotRm: YB:1967 Pool: B1dgSF :1,639 Ac: * • MetroScan / Jefferson (CO) Owner :Brookes Family Trust Parcel :070416 Site :11635 W 37th Ave Wheat Ridge 80033 Xfered :09/18/1991 Mail :11635 W 37th Ave Wheat Ridge Co 80033 Price Use :1112 Res,Improved Land Phone Bedrm :2 Bath:1.75 TotRm: YB:1968 Pool: B1dgSF :1,196 Ac: Information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. • MetroScan / Jefferson (CO) Owner :Kolesar Vance M Pat- Xfered :070417 :08/02/2001 Site :11626 W 37th P1 Wheat Ridge 80033 Price 000 Full :$296 Mail :2705 Clover Rd Golden C o 80401 , Use :1112 Res,Improved Land Phone Bedrm: 3 Sath:1.75 TotRm: YB:1967 Pool: B1dgSF :1,780 Ac: MetroScan / Jefferson (CO) : Owner :Blaszczysyn Irena Parcel :079086 Site :11655 W 37th Ave Wheat Ridge 80033 Xfered :05/03/1993 Mail :11655 W 37th Ave Wheat Ridge Cc 80033 Price Use :1112 Res,Improved Land Phone Bedrm: Bath:1.75 TotRm: YB:1969 Pool: B1dgSF :2,028 Ac: information compiled from various sources. Real Estate Solutions makes no representations or warranties as to the accuracy or completeness of information contained in this report. * Search Parameters * Jefferson (CO) * 3/10/2003 * 4:29 PM Parcel Number ...13 39 291 06 078 39 291 06 079 39 291 06 080 39 291 06 077 39 291 06 076 39 291 06 081 - 39 291 02 004 39 291 02 005 39 291 01 006 39 291 01 007 39 291 01 008 39 291 01 005 39 291 01 004 %0 0 750 30 01 1 1 f ~U 120• 67' ~o ti 001 c 139- 'U . 25 25 111.65 66 N 0© 001„ ~ 121.03' _ 04.916) 6~A ' r 116.72' P P 3 % 2 r m ®8 002 ~ 62-8 006 'r n °v 070 f0 o 120' r ~ 1 c I i ^ m.71' 1 63-A 3' - 3 69 - ti 003 60 008 63.g 80 i- 003 rr- co ti r 071 11 i' N 65 117.501 d Q2 64 ° 70 004 4 m 59 009 0 ooa 072 _ V 109.72' 80' 117' v" 5 n, N 87.58' R - 45' N / - C) N ti 005 r N W. 37 th. PI. 58 rd 75 56 75 55 75' 54 85 ' ✓ 6 073 6A P P L WO D 53 1 006 ~Cb 570 ✓ /®c N 074 N 075 N 076 077 - 0T8 a V 7-A 0 50' 120' 76 75' 75' 8S' 007 L/ v 7 $ 47 48 49 50 ✓ 51 52 ' mom, 083 .N 082 .N 081 080 - 0T9 a ti 0088 p In r 08a 5 vs 9 o R = 45' -N N N 87.58' N r ® r cm W. 37 th. AvB, N 46 75' 7 75 ' 85' E 085 67.48 44 S A E S ® 41 E 10$ IOA o 'n 45 42 o N N co 010 m - 43-8 3-A N _ ti 086 a 087 N 0$$ - 089 30' 30' 50" 120' 75 7 7 I I P- 011 cN- N 36 37 38 39 40 120 35 , O 094 M 093 092 091 ° `-~J 'o' n 6 012 12 A W I r-- 095 1' - - - I2$ 120' 75' TS' 75' 83 5 In . in 10 m 'j0 R=45' N _ N 13A 0 NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge BOARD OF ADJUSTMENT on March 27, 2003, at 7:30 p.m. in the Council Chambers of the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: Case No. WA-03-04: An application filed by Vance & Diane Kolesar for approval of a 3.5 foot side yard setback variance from the 5 foot side yard setback requirement resulting in a 1.5 foot side yard setback for property zoned Residential-One A (R-1A) and located at 11626 West 37th Place. Case No. WA-03-06: An application filed by Chris Whiteman for approval of a variance to the fence height standard in the minimum front yard setback for property zoned Agricultural-One (A-1) and located at 4745 Parfet Street. Case No. WA-03-07: An application filed by A-1 Pattern for approval of an increase of non-living landscaping, not to exceed 50 percent, as described in Section 26-502 (Landscape Requirements) for property zoned Industrial (I) and located at 4860 Van Gordon Street. Kathy Field, Administrative Assistant ATTEST: Wanda Sang, City Clerk To be published: Wheat Ridge Transcript Date: March 13, 2003 Jefferson County Assessor System Assessor Assessor Home Jeffco Home New_ Search 100 Jefferson County Pkwy Golden, Colorado 80419 303.271.8600 Parcel ID:39-291-06-078 Year Built: 1967 Design:Ranch http://ww4.co.jeffe .co.us/apps/servlet/ats.atsdisplay?search=4&... Schedule:070417 Property Address: 11626 W 37T Adjusted Year Built: 1967 Improvement Number: t- Items Quality No.' BSMT FIREPLCE FULL BATH Average 1 IM"k BEDROOM 3C1 MAINFIREPLCE Average 3FIX-314 BATH Overage r Areas Quality Co nstruction Sq T TOTAL Average 1780 FIRST FLOOR Average © 1780 BSMT FINISHED Average 890 ATTACH GARAGE Avera e C 528 Records Disclaimer: This information is prepared as an ongoing commitment to the public to pro accurate, quality and up-to-date information to the public. This is an informational service and will be maintained during normal busin hours, 8 a.m. to 5 p.m., Mondays through Fridays. If any service interruption service occurs during non-business hours, the problem will be addressed at t beginning of the next business day. Jefferson County makes every effort to produce and publish the most curren accurate property information possible. Jefferson County assumes no liabilit whatsoever associated with the use or misuse of this public data. Send mail to assessor@co.jefferson.co.us with questions or comments about this Web Site Copyright © 2000, Jefferson County, Colorado. All rights reserved. Last modified: May 01, 2001 1 of 1 3/6/2003 10:41 AM NEIGHBOR'S OPINION ON ADDED STORAGE SHED AT 11626 W. 37'b PLACE Are the shed location and yard renovation an asset or detriment? Name and Address Comments 11636 371 i~ls sped a. > lr~oz7 3-7 PXJ, 3. 4.71 Sim.~rg ~.sl e~ S N~ 5. l i l i ~P~✓ ~7 tq,j2 ti.e c lq~~ Kc, ~5R R /1426 W37 P/.. 3 7 PG. 9z~ a_l NI SIMM 3 7 A I 0 d ; tr i,~ all fi~stied 56~ T~ lzs' Return To: Wells Fargo Home Mortgage, Inc. 7430 EAST CALEY AV., SUITE 310 ENGLEWOOD, CO 80111 303-694-9800 Prepared By: TRACY BROWN 7430 EAST CALEY AV., ENGLEWOOD, CO 80111 303-694-9800 SUITE 310 3ace Above This Line For Recording Data) DEED OF TRUST DEFINITIONS Loan ID: 0023289192 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 VANCE M KOLESAR and DIANE L KOLESAR Borrower is the trustor under this Security Instrument. (C) "Lender" is WELLS FARGO HOME MORTGAGE, INC. Lender is a CORPORATION COLORADO-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT .6(CO) (0005) Page 1 of 15 Initials: January 15th, 2002 Farm 3006 1/01 VMP MORTGAGE FORMS - 18001521.1291 organized and existing under the laws of "The State of California" Lender's address is P.O. BOX 5137 DES MOINES, IA 50306 Lender is the beneficiary under this Security Instrument. (D) "Trustee" is the Public Trustee of JEFFERSON County, Colorado. (E) "Note" means the promissory note signed by Borrower and dated January 15th, 2002 The Note states that Borrower owes Lender One Hundred Sixty One Thousand and no/100 and no/100 Dollars (U.S. $ 161, 000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than February 1st, 2032 . (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "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. (II) "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 Condominium Rider 0 Second Home Rider 0 Balloon Rider 0 Planned Unit Development Rider ® 1-4 Family Rider 0 VA Rider 0 Biweekly Payment Rider 0 Other(s) [specify] (I) "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. (3) "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. (K) "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 lim ted to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "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. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "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. (P) "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 Initidl5: (-6(CO) (0005) Page 2 of 15 Form 3006 1/01 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 Loar, does not qualify as a "federally related mortgage loan" under RESPA. (Q) "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 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 [Type of Recording Jurisdiction] of I JEFFERSON [Name of Recording Jurisdiction]: LOT FIFTY;THREE (53), APPLEWOOD ESTATES ACCORDING TO THE PLAT THEREOF, COUNTY OF JEFFERSON, STATE OF COLORADO. Parcel ID Number: 39-291-06-078 which currently has the address of 11626 WEST 37TH PLACE (Street] WHEAT RIDGE [City], Colorado 80033 [Zip Code) ("Property Address"): 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 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. Initials: -6(CO) Iooo5l Page 3 of 15 Form 3006 1101 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. Funds 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 rooals: -61c01 loom Page 4 of 15 Form 3006 1/01 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 mwle: -61C01 10005) Page 5 of 15 Form 3006 1101 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 101 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: -61C01 (0005) Page 6 of 15 Form 3006 1/01 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 progeeds, 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. Initials: (M-61C01 (00051 Page 7 of 15 Form 3006 1/01 10 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 turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a 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 lass 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 party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source Initials: -6(CO) 100051 Page 8 o115 Form 3006 1101 (ID 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 sutras 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 Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the 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 party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Initials: -61C01 (0005) Page 9 o115 Form 3006 1/01 0 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 connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's ratials: -6(CO) (0005) Page 10 of 15 Form 3006 1/01 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) Initials: (M -61C01 (0005) Page 11 of 15 Form 3006 1101 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 fylly 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; Noti?e 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, o- 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 Initials: M-6(CO) wooer Page 12 of 15 Form 3006 1101 0 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 leams, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance 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. Initials: MD -61C01 boost Page 13 of 15 Form 3006 1101 m 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: VANCE M KOLESAR DIANE L KOLESAR _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower (M-6(CO) (ooo5i Page 14 of 15 Form 3006 1/01 0 STATE OF COLORADO, Jefferson County as: The foregoing instrument was acknowledged before me this 15th day of January 2002 by VANCE M KOLESAR and DIANE L KOLESAR Witness my hand and official seal. My Commission Expires: Notary Public Initials: (M-6(C0) I0005) Page 16 of 15 Form 3006 1101 Case No.: A0304 Quarter Section Map N o.: NE29_.. App: Last Name: Kolesar _ Related Cases: App: First N ame: ante & Diane Case Histor y: Fvariance e yard setback resul ting in a Owne r: Last Name: game _ back variance Owner: First Nam e: f or a shed App Addre ss: 11626 W. 37th PI. Review Body: BOA - 3127103 City, State Z ip: eat Ridge, CO 80033 App: Pho ne: 303-279-7140 APN: 39-291-06-078 Owner Address: ame- 2nd Revie wBody: I__. City/St ate/Zip: I 2nd Review Date Owner Phone: ame Decision-making Body BOA - 3127103 Project Address: 11626 Appro val/Denial Date: I Street Name est 37th Place City/State, Zip: heat Ridge, CO 80033 Re so/Ordinance No.: - Conditions of Approval: Case Disposition: District: III Project Planner: Pesicka File Lo cation: dive Date Rec eived: 212412003 Notes: Ft~_ Pre-App Date: Follow- Up: 1 CITY OF WHEAT RIDGE {7 CiCe 'KoiesAr RECETF'T MO.GbiaF.51. A.90UMT FNrID ZONING, AF'FUKA IOM F 2(,c;, Uri zone FMS-V -MING REIMBURSEMENT zreim F'AMEMT RECEIVED A OUMT D', 5460 29A. 00 TOTAL 290. V-0