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WA-98-28
f 7500 West 29th Avenue The City of Wheat Ridge, Colorado 80215 Wheat Telephone 303/ 237-6944 FAX 303/234-5924 October 27, 1998 Mr. & Mrs. Boom 4225 Vivian Street Wheat Ridge, CO 80033 RR: (WA-98-28) Dear Greg and Marnie: Ridge Please be advised that at its meeting of October 22, 1998, the Board of Adjustment APPROVED your request for a 5' variance to the 30' front yard setback requirement to construct an addition 25' from the front yard property line at 4225 Vivian Street. Attached is a copy of the Certificate of Resolution stating the Board's decision which became effective the date of the meeting. Should you decide to appeal the decision of the Board, you will need to notify the Jefferson County district court in writing within 30 days of the Board's decision. Please feel free to contact me at 235-2846 if you have any questions. Sincerely, fJ PLC-Ct~-~~~ Barbara Delgadillo Planning and Development Secretary /bd cc: WA-98-28 C:\Barbsra\ BOA\CORRESP\wn9828wpd CERTIFICATE OF RESOLUTION 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 22nd day of October, 1998. CASE NO: WA-98-28 APPLICANT'S NAME: Greg and Marnie Boom LOCATION: 4225 Vivian Street Upon a motion by Board Member ABBOTT, seconded by Board Member JUNKER, the following resolution was stated: WHEREAS, the applicant was denied permission by an administrative officer; and WHEREAS, Board of Adjustment Application Case No. WA-98-28 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 there were protests registered against it; 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; and WHEREAS, the Board finds that, based upon all evidence presented, the evidence and facts in this case do support the granting of this request. NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No. WA-98-29 be, and hereby is, APPROVED. TYPE OF VARIANCE: Five-foot front yard setback variance to the thirty-foot front yard setback requirement to construct a 24-foot by 24-foot addition. FOR THE FOLLOWING REASONS: Design alternatives are limited by site obstructions: a well on the south, a leach field on the west and various mature trees. The existing roof lines create a significant design problem which limits the possible location for any addition. 2. There are several front yard encroachments of similar dimensions within the neighborhood. Board of Adjustment Resolution Case No. WA-98-28 Page two (2) A letter was submitted from neighbors speaking in support of the addition. 4. It can be expected that this addition will result in an improvement to the neighborhood and increase in property value. WITH THE FOLLOWING CONDITION: Design elements and materials of the exterior elevations shall be similar to the existing structure and be compatible in design; and the design, as built, will be created by a registered architect. VOTE: YES: ABBOTT, ECHELMEYER, HOWARD, JUNKER, MAURO, WALKER NO: HOVLAND ABSENT: THIESSEN DISPOSITION: A five-foot front yard setback variance to the thirty-foot front yard setback requirement to construct a 24-foot by 24-foot addition was GRANTED. ADOPTED and made effective this 22nd of October, 1998. *oa A ROh djustment - Ann Lazzeri, Secretary Board of Adjustment CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT Minutes of Meeting October 22, 1998 1. CALL THE=MEETING TO ORDER: The meeting was called to order by Chair MAURO at 7:30 p.m. on October 22, 1998, in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL Members Present: Members Absent: Staff Present Tom Abbott Bill Echelmeyer Paul Hovland Bob Howard Susan Junker Linda Mauro Robert Walker Karen Thiessen Sean McCartney, Planner Ann Lazzeri, Minutes Specialist The following is the official set of Board of Adjustment minutes for the Public Hearing of October 22. 1998. A set of these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development of the City of Wheat Ridge. 3. APPROVE THE ORDER OF THE AGENDA Sean McCartney informed the Board that by approving the order of the agenda. Case No. TUP-98-08 submitted by Automotive Group, Inc, would be continued to December 10, 1998. It was moved by Board Member JUNKER and seconded by Board Member ECHELMEYER to approve the order of the agenda. The motion carried by a vote of 7-0 with Board Member THIESSEN absent. 4. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on the agenda.) There was no one signed up to speak. 5. PUBLIC HEARING A. Case No. WA-98-28 An application by Greg and Marnie Boom for approval of a 5-foot variance to the 30-foot front yard setback requirement to construct an addition 25 feet from the front yard property line. Property is zoned R-I and located at 4225 Vivian Street. This case was presented by Sean McCartney. He reviewed the staff report and presented slides and overhead projections of the subject property. He entered all pertinent documents into the record and advised that there was jurisdiction for the Board to hear the case. He stated staffs recommendation for denial of the application. Board Member ECHELMEYER noted a correction to the staff report. If the applicant were to reduce the size of his proposed structure to 19' x 28', it would involve a 44 square foot loss rather than a 19 square foot loss in size. The applicants were sworn in by Chair MAURO. Greg and Marnie Boom 4225 Vivian Street Mr. Boom stated that he had no alternatives for the size and location of his proposed addition due to the fact that the present structure would not support a second story. Further, an existing well, leach field and mature trees prevent building in another location. He stated that the addition would match the present structure as well as other houses in the neighborhood and would not obscure vision of drivers on Vivian or on 42nd Avenue. Board Member ABBOTT asked the applicant to explain the hardship associated with this case. Mr. Boom replied that if placed on the south, the addition would be built over an existing well, the pitch of the roof would not match, and it would prevent light to the living room. If the addition were to be built in the back of the structure, it would be located over the leach field. If a long narrow addition were to be built, it would require a center wall or support beams and the room would be long and narrow which would be impractical for the proposed purpose of providing an extra bedroom and laundry room. In response to a question from Board Member ABBOTT, Mr. Boom stated that an architect prepared the drawings of the proposed addition. Several alternative possibilities were discussed; however, the applicants did not believe any of the alternatives would be feasible. David Amdahl 423 Vivian Street Mr. Amdahl was sworn in by Chair MAURO. He stated that he was in favor of the application and submitted the following exhibit into the record: Exhibit "A" Letter from Dana and Janice Thompson, 12290 West 42nd Avenue asking the Board to approve the application. Board Member HOVLAND suggested moving the addition further to south. Mr. Boom replied that this would clear the well house by only four feet, the entry way would not line up and it would result in a long narrow bedroom of 22' x 10'. Board of Adjustment Pale 2 October 22, 1998 Board Member ABBOTT expressed concern about the lack of architectural detail on the drawings. Upon a motion by Board Member ABBOTT and second by Board Member JUNKER the following resolution was stated: Whereas, the applicant was denied permission by an administrative officer; and Whereas, the Board of Adjustment Application Case No. WA-98-28 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 there were no protests registered against it; 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; and Whereas, the Board finds that, based upon all evidence presented, the evidence and facts in this case do support the granting of this request. Now, Therefore, Be It Resolved that Board of Adjustment Application Case No. WA-98- 28 be and hereby is APPROVED. Type of Variance: Five foot front yard setback variance to the thirty foot front yard setback requirement to construct a 24-foot by 24-foot addition. For the Following Reasons I. Design alternatives are limited by site obstructions: a well on the south, a leach field on the west and various mature trees. The existing roof lines create a significant design problem which limits the possible location for any addition. 2. There are several front yard encroachments of similar dimensions within the neighborhood. 3. A letter was submitted from neighbors speaking in support of the addition. 4. It can be expected that this addition will result in an improvement to the neighborhood and increase in property value. With the Following Condition: I . Design elements and materials of the exterior elevations shall be similar to the existing structure and be compatible in design; and the design, as built, will be created by a registered architect. Board of Adjusoneot Pale 3 October 22, 1998 Board Member HOWARD asked the reason for the condition requiring drawings to be completed by a registered architect. Board Member ABBOTT replied that, because a substantial variance was involved, he wanted to make sure that the addition would match the house and not detract from the neighbors' property values. The motion earried by a vote of 6-1, with Board Member HOVLAND voting no and Board Member THIESSEN absent. Chair MAURO informed Mr. and Mrs. Boom that their application had been approved. B. Case No. WA-98-29: An application by Jim and Meda Goddard for approval ofa variance from the 1,000 square foot lot coverage requirement for detached garages for the purpose of adding a second structure of 1,440 square feet. Said property is located at 3885 Depew Street and zoned R- IA. This case was presented by Sean McCartney. He reviewed the staff report and presented slides and overhead projections of the subject property. He entered all pertinent documents into the record and advised that there was jurisdiction for the Board to hear the case. He stated staffs recommendation for denial of the application. Board Member ABBOTT asked for clarification regarding the staff report's reference to an access easement to the north. Mr. McCartney replied that, since the applicant wished to provide access to the building for his neighbor to the north, an access easement would be necessary if the property to the north were to be sold. Board Member HOVLAND asked if there would be room for a door on the north side of the building if the applicant complies with the thirty foot setback requirement. Mr. McCartney replied that it would be difficult with a five-foot setback to the north, but the building could be moved to the south to provide more room for additional driveway space on the north. Jim Goddard 3885 Depew Street Mr. Goddard was sworn in by Chair MAURO. He stated that he purchased the property where he plans to build the garage from his neighbor to the north (Ken Oiler). He stated that he wanted an access to the garage from the north to allow Mr. Oiler to park his van in the building during the winter. (Mr. Oiler's garage will not accommodate the van.) He advised the Board that if Mr. Oiler should move or sell his property, the northern access would no longer be needed and he would construct a fence along the property line to the north. He stated that the building will be fifteen feet high to allow storage for his fifth wheel trailer. He further stated that he would like to locate the structure six feet from the eastern property line to allow for fruit trees and other landscaping. If the structure were located thirty feet from the property line, it would sit in the middle of the lot and place limitations on his landscaping. Board of Adjustment Pale October 22. 1998 E~ "4, WA-98=z V October 22,1998 12290 W. 42°d Ave. Wheat Ridge, CO 80033 To the Board of Adjustment, We support the variance request being made by Mamie and Greg Boom. We have seen this neighborhood go from a country setting without I-70 and all of the trappings of traffic, noise and development, to what it is today. Over the years we have had many threats come to this neighborhood which could have caused it to become a slum area. Thanks to the great majority of neighbors, we have people investing in their homes and improving the surrounding landscape. The financial investments made have increased the property values in this area to a high of the $160,000. The addition proposed by the Booms will increase the living space in their home as well as increase their property values. They definitely have a hardship as the configuration of the home as well as the location of their well makes any other alternative very costly and prohibitive. Over the years others have wanted to add on to this home, but have not done so because of the costs of avoiding the well, the setbacks and a structure that would not support a second level. The home is located on a dead-end street across the street from our house and would not interfere with the sight triangle for vehicles passing by the house. The character of the neighbo~yvould not be affected as the homes have many different architectural designs. We sincerely hope you will vote yes for this variance and help a young family increase the living space of their home in an affordable manner. They have done so much to the property in the few years they have lived here that Wheat Ridge can not afford to lose conscientious residents. Thank you, ana d Janice Thompso~ PUBLIC FORUM ROSTER THIS IS THE TIME FOR ANYONE TO SPEAK ON ANY SUBJECT NOT APPEARING UNDER THE PUBLIC HEARING SECTION OF THE AGENDA. Please print name, address and phone number. AN APPL(GA.M00 00j G2ECo Aw4 MA"t§F-'6ooN- 'Fog, A-rpPULAfk - 194=7 A: 5' vmttioic~ Tv trio 30` Fa-6NrywD 5l=r3Aey (z~ w,,r. CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: Board of Adjustment DATE OF MEETING: October 22, 1998 DATE PREPARED: October 5, 1998 CASE NO. & NAME: WA-98-28/Boom CASE MANAGER: Sean McCartney ACTION REQUESTED: Request for approval of a 6' front yard setback variance to the 30' front yard setback requirement. LOCATION OF REQUEST: 4225 Vivian Street NAME & ADDRESS OF APPLICANT: Mamie Boom 4225 Vivian Street Wheat Ridge, CO 80033 NAME & ADDRESS OF OWNER: Same APPROXIMATE AREA: PRESENT ZONING: PRESENT LAND USE: SURROUNDING ZONING: SURROUNDING LAND USE: 33,105 square feet Residential-One Single Family Residence N:, E: and S: Residential-One; and W: Agricultural-Two N:, E: W:, and S: Single-family DATE PUBLISHED: DATE POSTED: DATED LEGAL NOTICES SENT: October 2, 1998 October 8, 1998 October 2, 1998 ENTER INTO RECORD: (X) COMPREHENSIVE PLAN (X) ZONING ORDINANCE O SUBDIVISION REGULATIONS O OTHER (X) CASE FILE & PACKET MATERIAL O SLIDES (X) EXHIBITS 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. 14-/ I. REQUEST The applicant is requesting approval of a 6' front yard setback variance to the 30' front yard setback variance to allow for a 24'X 24' room addition. If the request is approved, the addition will be located 24' from the front property line. The applicant is requesting the addition to enlarge an existing house that is too small for the growing family. Staff had asked why the applicant had not considered a second floor addition and she stated that she believed the foundation was not designed to allow such an increase in load. The applicant has also stated that the proposed location of the addition is the only alternative due to the location of existing septic tanks and a water well. On the west side of the house, between the detached garage and the residence, the applicant has stated that there is a septic tank leach-field currently located underground and could not be built upon. Also, to the south of the residence (between West 42"d Avenue and the residence), there is an existing well that cannot be relocated. This request is the least costly alternative. Pursuant to Section 26-10 (F), of the Wheat Ridge Code of Laws, all structures built in the Residential- One zone district must maintain a 30' setback from the front property line. If the applicant were to propose a 19'X 28' addition (see attached drawing), then the structure could comply with the front yard setback and allow for almost the same square footage. Because there is a 15' side yard setback requirement from the northern property line, this example would be 19 square feet less than the applicant's proposal. To date, staff has not received any objection for the request. II SITE PLAN The property in question is located on the northwest corner of Vivian Street and West 42"d Avenue. Because the property is located on the comer, it is required to maintain a 30' setback from both the front and side property lines which abut a public right-of-way. Currently the property measures 245' (east to west) and 100' (north to south), or 33,105 square feet. There is a 948 square foot single family residence with a 728 square foot two-car detached garage. On the west side of the property (west of the detached garage), there is a horse pen and a shed structures. Also, as previously stated, there is an existing septic tank and water well located on the west and south side of the house. Therefore, the applicant believes this is the only location for a room addition. III 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? A_62~ Yes. If denied, the applicant could continue to use her house as a single-family residence. Also, if the design were slightly altered, the proposed addition would be able to comply with both the front and side yard setback requirements. 2. Is the plight of the owner due to unique circumstances? No. Although the existing location of the underground septic tanks and water well alter potential development alternatives, the applicant could redesign the addition that would comply with the required setbacks. 3. If the variation were granted, would it alter the essential character of the locality? No. There are currently several existing residences, along the west side of Vivian Street, that encroach into the 30' setback requirement (measurements from aerial photographs show that the other residences are located approximately 25' from Vivian Street). Therefore, if the request is approved, the proposed structure should not alter the essential character of the locality. 4. Would the particular physical surrounding, shape or topographical condition of the specific property involved result in a particular hardship (upon the owner) as distinguished from a mere inconvenience if the strict letter of the regulations were carried out? No. Although the applicant has stated that hardship has been established due to the location of an existing septic tank and water well, the property in question is large enough to allow for other location options. 5. Would the conditions upon which the petition for a variation is based be applicable, generally, to the other property within the same zoning classification? Yes. All applications are reviewed on a case-by-case basis thereby changing the outcome for each request. 6. Is the purpose of the variation based exclusively upon a desire to make money out of the property No. The purpose of the variance is to allow additional living space for an existing 948 square foot single family residence. 7. Has the alleged difficulty or hardship been created by any person presently having an interest in the property? Yes. The alleged hardship has been created by the owners of the property. 8. Would the granting of the variations be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located? Board of Adjustment WA-98-28/Boom Page 3 3 No. Approval of this request will not be detrimental to the public's welfare in that the proposed addition will be located at least 25' from the nearest public right-of-way. Also, because bedroom additions are very common in residential neighborhoods, approval of this request should not be injurious to other property or improvements. 9. Would the proposed variation impair the adequate supply of light and air to adjacent property or substantially increase the congestion in the public streets or increase the danger of fire or endanger the public safety or substantially diminish or impair property values within the neighborhood. No. Because the proposed structure will allow for adequate separation between any adjacent structures, approval of this request should not impair the adequate supply of light and air to the adjacent properties. 10. If it is found in criteria S and 9 above that granting of the variation would not be detrimental or injurious to other property or improvements in the neighborhood, and it is also found that public health and safety, public facilities and surrounding property values would not be diminished or impaired, 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? No. Approval of this request is solely for individual benefit and should not benefit the neighborhood or community. VI. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that although it was found that there are several other structures in the neighborhood which currently encroach into the 30' front yard setback, this property offers plenty of development opportunity within the regulatory envelope. It was also found that the applicant has the option to modify the proposed design to allow for both the front and north side yard setback requirements to be met, and still allow for almost the same square footage for the proposed addition. Because of this and the criteria established in the facts of findings, staff recommends DENIAL for Case No. WA-98-28. VII. RECOMMENDED MOTIONS Option A: "I move that Case No. WA-98-28, a request for approval of a 6' front yard setback variance to the 30' front yard setback requirement for property zoned Residential-One and located at 4225 Vivian Street, be DENIED for the following reasons: 1. The applicant may redesign the proposed bedroom addition to allow compliance for both the front and north-side yard setback requirements. 2. There is no evidence of physical hardship." Option B: "I move that Case No. WA-98-28, a request for approval of a 6' front yard setback variance to Board of Adjustment Page 4 WA-98-28/Boom A- q the 30' front yard setback requirement for property zoned Residential-One and located at 4225 Vivian Street, be APPROVED for the following reasons: 1. The proposed addition will not alter the essential character of the locality. 2. Approval of this request should not be detrimental to the public's health, safety and welfare." LAMcCarmey\case files\wa9828.wpd Board of Adjustment WA-98-28/Boom Page 5 OFFICIAL ZONING MAF WHEAT RIDGE COLORADO MAP ADOPTED, -Une 15, 1994 Last Revision: Nova bw 10, 1997 PEPARTMENT OF PLAMI % AM DEVELOPM34T - 235.7852 ® AREA REQUIRING SITE PLAN APPROVAL r,•••-~ 100-YEAR FLOOD PLAIN ~•"-;j (APPROXIMATE LOCATION) ZONE DISTRICT BOUNDRY PARCEL/LOT BOUNDRY (DESIGNATES OWNERSHIP) WATER FEATURE SE 20 o mi® SCALE 1'.400 r n i~APROVEMEY LOCATION CERTIFICATE 100.00' LEGEND JOB NO K249205 SCALE: 1" = 40' SHEET' 2 OF 2 J < O 0 N n N, .Q r U LOT 1 i UNFOUNDED 'JI WOOD SHED -54. 0 N 10.4 b 12. y 2'~ 1 c~~a! Fraw~ LOT Ivor Sa a & c5 Ex,;~ y~ 'YO i o aY` 9. ~ 60.00' VIVIAN STREET N N FRAME GARAGE EVE 1 LEVEL STONE & STUCK) RES. 4225 VIVIAN STREET ~-7 d-~ We5+ EIevw+ron I~ 1`I o / ' 300.... Add:+;o' '/v - A~Se. 3.71 I i Roo{ K.: s 1 5 }J o~Se Nor{~ E~cvy~i~h seF ! -o~Se 800" j'JJ; 4-.on %y = I n~ c 27 5-4 I i M !V MASTER BATH } 0 E a V LAUNDRY HM 3 a i v n 157 - CLOSET i Y Z N MASTER BDRM /ENTRY 4040 Sl:~ar yu4o 5~l.~ar io r 4'33'11 47-'~ -7'245-~ 13 oOm Ad d, 1-;oh 31f6 ~.xb az+. r;er 4.....9 w,lls Prt-t ~e ara.~ Yeof 'tr~.SS"5 THIS FOUNDATION IS ENGINEERED AND MUST BE INSPECTED BY OUR OFFICE. PLEASE NOTIFY US 24 HOURS PRIOR TO POURING ANY CONCRETE. THA FEE IS WILL B INSPECTION CHARGED FOR BARTA & ASSOCIATES 674-3025 ~ • o BOD {v~ rv,pv.JI1!~^'C.. ~I~G I SOH^f/ % Virg i. ~oa L) -7 C 1✓ i v -i- wL,e.,Tr~J~~ Ga. u• : 1 - 4 j^ 7 ~ -3~0 rsl q Lor6✓a4~ '1w6 F: ocr w.c5 62~c 4~ (L~t3f}2 S'ofL- i3E~R-~~G fl-SS~~tEi~ .~,oo FKF Zc 1575 SANTA FE MOUNTAIN RD. EVERGREEN, CO 80439 674.3025 Sent by: MARQUEZ MECHANICAL CONTRA-TORS 303 421 0074; 08/07/9P-'1:30AM;JeffidK #333;Page 3/3 vE„i gpc4 ~j0~ / I ~eR-y•r ~ 7v b I ~ I~ K.. 3,R. ta° 4'11 2'7 5'4 ~ aS f ~ _ 10 V CO f, -F MASTER BATH-' i{ N C~ T (n N s~ n a ~LAUJNLDRY v HM 3 0 ENTRY C ~o W - 4'3 L 3'11 ~ 4'2 a'e 157 MASTER BDRM S -1-- 72 4G- 1 ~I P„f_~t-• a,e♦~PJ YGnf -rYVSS~'b Boom Add:4-;,, 31, RECORD AND RETURN TO: FIPSTBANK OF WESTLAND, N.A. 10403 WEST COLFAX AVENUE LAKEWOOD, COLORADO 80215 RECEPTION NO. 93003278 1/07/93 12:15 40.00 RECORDED IN COUNTY OF JEFFERSON STATE OF COLORADO ) ,g [Space Above This Line For Recording DataI DEED OF TRUST THIS DEED OF TRUST ("Security Instrument") is made on DECEMBER 31 GREGORY J. BOOM AND MARNIE A. BOOM 4225 VIVIAN STREET, WHEAT RIDGE, COLORADO 80033 the Public Trustee of JEFFERSON FIRSTBANK OF WESTLAND, N.A. 7010050 1992 , among the grantor, whose mailing address is ("Borrower"), County ("Trustee"), and the beneficiary, which is organized and existing under the laws of THE STATE OF COLORADO , and whose address is 10403 WEST COLFAX AVENUE, LAKEWOOD, COLORADO 80215 ("Lender"). Borrower owes Lender the principal sum of SIXTY THOUSAND AND 00/100----------------------------------------------------------- Dollars (U.S. $ 60, 000.00 ).This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on JANUARY 01, 2023. 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 perfbrinance of Borrower's covenants and agreements under this Security Instrument and the Now. 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 JEFFERSON County, Colorado: LOT 1, EXCEPT THE NORTH 100 FEET THEREOF AND ALL OF LOT 3, MCARDLE SUBDIVISION, COUNTY OF JEFFERSON, STATE OF COLORADO. C. 6 v 9 l V v which has the address of 4225 VIVIAN STREET [stre~q WHEAT RIDGE Colorado 80033 ("Property Address'"); W (City] (Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and ;Y .jfixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security S'~Instrurri 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. G ltd v=l ~yLi ~ COLORADO- Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3006 1191 0070 05191 Page I of 6 t4-11 RED ?TION NO. 93003278 a~ 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 lieu 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. g 2601 e[ 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. 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 tax 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 monthly 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 hounds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 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. Charges; Liens. 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 prcwrded 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 furnish 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 faith 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 Property 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 tamer 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 Property in accordance with paragraph 7. v3 `rI F'F'72 - 05/91 Page 2 of 6 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 Lender's 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 Instrument, 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. 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 sums secured by this Security Instrument immediately prior to 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 Property. 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 cure 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 significantly afl'ect Lender's rights in the Property (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 a 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 this paragraph 7 shall become additional debt of Borrower secured 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. 8. 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 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 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 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. RECEPTION NO. 93003278 ~(3 ~ r FF]J - 05/91 Page 3 of 6 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection 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 Liking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial Liking 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 Liking, 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 immediately before the taking is less than the amount 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 sums 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 :i%aiver. 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 commence 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 any accommodations with regard to the terms 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 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 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 Property 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 deemed 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. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property 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 full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. RECEPTION NO. 93003278 GA -Vol Fr74 - 05/91 Page 4 of 6 R"-"'E`:.ION NO. 93003278 If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less d 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, Borrower 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, 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. 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, "Environmental 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 further covenant and agree as follows: 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 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 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 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. C ~7 ` y~; 4 g FF06 05/91 Page 5 of 6 //,/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 /f 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 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. 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 shall 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 R 1-4 Family Rider Graduated Payment Rider 1 Planned Unit Development Rider [-7 Biweekly Payment Rider ❑ Balloon Rider Rate Improvement Rider J Second Home Rider F-I Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: ~z.2~ T (Seal) GREGORY J. BOOM -Borrower (Seal) MARNIE A. BOOM -Borrower (Seal) -Borrower RECEPTION NO [Space Below This Line For Acknowledgment] STATE OF The foregoing instrument was acknowledged before me this 31ST 1992 by GREGORY J. BOOM AND MARNIE A. BOOM Witness my hand and official seal: My commission expires: My Commission Expires: 5/5/1993 14403 West Coltu Avenue Lakewood, Co 80215 93003278 (Seal) -Borrower County ss: day of DECEMBER,._,"",",,,, x„. e071 .1 1 X91 Pago 6 of 6 ION NO. 9300327, 1-4 FAMILY RIDER Assignment of Rents 7010050 (Property Address) , and is "Security 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 heaters, water closets, sinks, ranges, stoves, ~T refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and curtain rods, attached mirrors, cabinets, panelling 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 Property covered by the Security Instrument. All of the foregoing together with the Property described in the Security Instrument (or the leasehold J estate if the Security Instrument is on a leasehold) are referred to in this 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 1 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. Uniform Covenant 18 is deleted. J l ^ F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, the first sentence in EZ~ 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 Lenders 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 assignment, Lender shall have the right to j modify, extend or terminate the existing leases and to execute new leases, in Lender's sole discretion. As used in this paragraph C G, the word "lease" shall mean "sublease" if the Security Instrument is on a leasehold. H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. Borrower absolutely ~~nd unconditionally assigns and transfers to Lender all the rents and revenues ("Rents') of the Property, 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. CO ~,a> THIS 1-4 FAMILY RIDER is made this 31ST day of DECEMBER 1992 incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to FIRSTBANK OF WESTLAND, N.A. (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 4225 VIVIAN STREET, WHEAT RIDGE, COLORADO 80033 MULTISTATE 1-4 FAMILY RIDER - Fannie Mae/Freddie Mac Uniform Instrument FN96 - 06/91 Page l of2 Form 3170 9190 1 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 any 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 f'or 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 under 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 befimo or after {giving notice of default to Borrower. However, Lender, or Lender's agents or a judicially appointed reeVIVel' may do so at any time when a default occurs. Any application of Rents shall not cure or waive any default cr invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall terminate when all the sums secured by the Security Instrument are paid in full. I. CROSS-DEFAULT PROVISION. Borrower's default or breach under any note or agreement in which Lender has an interest shall be a breach under 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. _~_`t-c4pc'' A- ?1"' /t (Seal) GREGORY J. BOOM 7 -Borrower %'CC _ (Seal) MARNIE A. BOOM -Borrower RECEPTION NO. 93003278 (Seal) -Borrower (Seal) -Borrower FN77 - 05191 Page 2 of 2 aE WHEgT LAND USE CASE PROCESSING APPLICATION aE WHEgT ,p ti 9 0 0 Planning and Development Department 7500 West 29th Avenue, Wheat Ridge, CO 80033 ctoRPOO Phone(303)235-2846 °ctoRPO° nn (Please print or type all information) Applicant QYbI C. R- DD1Y1 Address l r 25 UJ UMcu- SA Phone 305 4-301 -Z f~i wf>2 ` A wt ~ j~n p City Owner L'1~4 "t"'e ~h Address Z1605' "L/ia" ~ f Phone 313 City w 6,-t Location of request (address) 525 ve Type of action requested (check one or more of the actions listed below which pertain to your request.) ❑ Change of zone or zone conditions © Variance / Waiver ❑ Site development plan approval ❑ Nonconforming use change ❑ Special Use Permit ❑ Flood plain special exception ❑ Conditional Use Permit ❑ Interpretation of Code ❑ Temporary Use, Buildings, Signs ❑ Lot line Adjustment ❑ Minor Subdivision (5 lots or less) ❑ Planned Building Group ❑ Subdivision (More than 5 lots) ❑ Street Vacation ❑ Preliminary ❑ Final 6~ ❑ Other: Detailed description of the request: 41aree anu ~2 7on~ Sc~ ae.L` d'~ 30i Ctt ffa L¢J f / Or Fill out the following information to the best of your knowledge. Current Zoning: Size of Lot (acres or square foota e): (Z 4P Current use: Proposed use: " Assessors Parcel Number: 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 rom the owne w ' h approved of this action on his behalf. Signature of Applicant Subscribed and sworn to me this day ofs~ , 19 D-a Notary Public My commission expires Date received 9~ Receipt No. P jai Case No. ! J Related Case No 0 A- Zoning 4- C Quarter Section Map J~ 14- /X hfi/iSc( 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 October 22, 1998, at 7:30 p.m. 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-98-28: An application submitted by Greg and Marnie Boom for approval of a 5' variance to the 30' front yard set back requirement to construct an addition 25' from the front yard property line. Said property is located at 4225 Vivian Street and zoned R-1. 2. Case No. WA-98-29: An application by Jim and Meda Goddard for. approval of a variance from the 1,000 square foot lot coverage requirement for detached garages for the purpose of adding a second structure of 1,440 square feet. Said property is located at 3885 Depew Street and zoned R-1A. 3. Case No. WA-98-30: An application by Curtis Krey for approval of a variance from the 5' side yard and 30' front yard setback requirements for a storage shed. Said property is located at 7110 West 29`b Avenue and zoned R-2. 4. Case No. TUP-98-08: An application by Automotive Group, Inc., for approval of a 6 month extension of their existing temporary use permit for employee and customer parking lot at the Chesrown Friendly Ford dealership. Said property is located at 3500 Wadsworth Boulevard and zoned C-1. Barbara Delgadillo, ecording Secretary ATTEST: Wanda Sang, City Clerk To be Published: Wheat Ridge Transcript. Date: October 2, 1998 C'\BarbamBOA`.PUBHRGS981022pn wpd the City of 7500 WEST 29TH AVENUE WHEAT RIDGE, COLORADO 80215 September 28, 1998 Dear Property Owner: Wheat 9Ridge This is to inform you that Case No. WA-98-28 which is a request for approval of a 5' variance to the 30' front yard set back requirement to construct an addition 25' from the front yard property line will be heard by the Wheat Ridge Board of Adjustment in the Council Chambers of the Municipal Complex at 7500 West 29th Avenue. The meeting will be held on October 22, 1998, at 7:30 p.m. All owners and/or their legal counsel of the parcel under consideration must be present at this hearing. As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this hearing. If you have any questions or desire to review any plans, please contact the Planning Division at 235-2846. -Thank you. Planning Division. C \Barbara\BOA\TUBHRGS\wa9828cert.wpd (303) 234.5900 • ADMINISTRATION FAX: 234-5924 POLICE DEPARTMENT FAX: 235-2949 a d N J d ~ C W a U V C N N N C ~ $ U J 9 N a ~ a pl C Q > N U U i d o Z ~ NI J ~ v ~ a c 5-1 d K a m `o O c N y _ w - d cr 0 U s O ry E O C N O N k ~ CJ O N J J N y C "O N 9 N N N m m C~ m N m N m N ~ x U O 3 3 3 3 3 3 m° s u O N N <U (p N o -o N N N ' N ry N a 3~ i c M M c%m c M E L S w O m L N O ° > O ° > O ° E d O ° ° - > O m a O v N m ain m m m o in aim ,o mro ?O O-O U' 0 , ` t mo Q o 0 2: mvU N Q IL; ~ Ol m> m d O > Q~ 61 N ~ N a+ n~ N m N O) p M :4 J o a K B o a a' N N :4 C7 N CL o a U K v~na nN _ R -p y n M ~ Ica M ~ 'Q -Q N L a N N L C N m~ 2 N Q L L L L ~ n N ~0 m-'' m m d Ln U_ 'C O N M V ~O W N ¢ m m t(J m h io ~O co N m Q V ~ ~ O o o O O ~ o N O _ w 0 N E N m N m N m O rn rn m H > U zJ ¢¢w w LL N Q 3: ¢ a cl J T O 2 1 O c m a v a0i v o. 0 F ~ U 0 N a O N F_ J z