HomeMy WebLinkAboutcoa.lu.ca.812 E Cooper Ave #B.0022.2018.ASLU0022.2018.ASLU 812 E COOPER AVE
ADMIN DETERMINATION
2737 182 36 002
PATH: G/DRIVE /ADMINISTRATIVE/ADMIN/LANDUSE CASE DOCS
CITY OF ASPEN
City of Aspen Community Development Department
CASE NUMBER 0022. 2018.ASLU
PARCEL ID 2735 182 36 002
PLANNER ROBERT NARRACCI
CASE DESCRIPTION STREADMINISTRATION REVIEW
REPRESENTATIVE TOM LESTER — LESTER
DEVELOPMENT LLC
DATE OF FINAL ACTION 05/17/2018
CLOSED BY BONNIE SHILES 7.23.18
Permits 2 7 S 7 / 67
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DescTiption
4PPLIC.ATION FOR ACM INIS TRATIOW REVIE,,% FORT01.1 LESTER
Submitted TOM LESTER
Submitted via
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Owner
Lastname LUBLIIIER First name JERR"
Phone 1917,,987-9227 Address
Applicant
Applied C42`.,201E
Approved
Issued
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❑ Owner is applicant? ❑ Contractor is applicant?
Last name LESTER DEVELOPI.IEIIT• LLC First name PO BOX 11247
ASPEN CO 81E12
Phone t970}925-EE24 Cust 29989 Address
Email
Lender
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AFFIDAVIT OF PUBLIC NOTICE
REQUIRED BY SECTION 26.304.070 AND CHAPTER 26.306
ASPEN LAND USE CODE
ADDRESS OF PROPERTY: Lxr.cy
Aspen, CO
STATE OF COLORADO )
ss.
County of Pitkin )
I, -Ar,,c eXo• Zx- (name, please print)
being or repre eliting an Applicant to the City of Aspen, Colorado, hereby personally certify that
I have complied with the public notice requirements of Section 26.304.060 (E) or Section
26.306.010 (E) of the Aspen Land Use Code in the following manner:
Publication of notice: By the publication in the legal notice section of an official paper
or a paper of general circulation in the City of Aspen no later than fourteen (14) days
after final approval of a site specific development plan. A copy of the publication is
attached hereto.
Publication of notice: By the publication in the legal notice section of an official paper
or a paper of general circulation in the City of Aspen no later than fifteen (15) days after
an Interpretation has been rendered. A copy of the publication is attached hereto.
Signature
The foregoing "Affidavit of Notice" was acknowledged before me this25'day
of n.l , 20(I$ , by.Aon ic.elign, !& C_ck_f ✓1
PUBLIC NOTICE
Of
DEVELOPMENT APPROVAL
Notice is hereby given to the general public of an
administrative alp roval granted to allow an Excep-
tion for Building Code Compliance permitting alter-
ation of an existing window well to achieve emer-
gency ingress/egress building code compliance.
This approval pert ns to the property legally
described as Unit 872, Cooper Avenue Greystone
Condominiums. City and Townsite of Aspen, Coun
ttyy of Pitkin, Sfate of Colorado, located at 812
E. Cooper Avenue. Aspen, Colorado. For further
information contact Bob Narracci, at the City of
Aspen Community Development Dept. 130
S. Galena St, Aspen, Colorado
(970)429-2754.
d City of Aspen
Publish in The Aspen Times on May 24. 2018
0000244004
WITNESS MY HAND AND OFFICIAL SEAL
My ommission expires: 01/0 7 vl
V,
N4ry Public
ATTACHMENTS:
SOPMIA VARGA
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID: 20174036895
MY COMMISSION EXPIRES SEPTEMBER 05, 2021
PUBLIC NOTICE
Of
DEVELOPMENT APPROVAL
Notice is hereby given to the general public of an administrative approval granted to
allow an Exception for Building Code Compliance permitting alteration of an existing
window well to achieve emergency ingress/egress building code compliance. This
approval pertains to the property legally described as Unit 812, Cooper Avenue
Greystone Condominiums, City and Townsite of Aspen, County of Pitkin, State of
Colorado, located at 812 E. Cooper Avenue, Aspen, Colorado. For further information
contact Bob Narracci, at the City of Aspen Community Development Dept. 130 S.
Galena St, Aspen, Colorado (970) 429-2754.
s/ City of Aspen
Publish in The Aspen Times on May 24, 2018
•
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DEVELOPMENT ORDER
of the
City of Aspen
Community Development Department
This Development Order, hereinafter "Order", is hereby issued pursuant to Section 26.304.080,
"Development Orders", and Section 26.308.010, "Vested Property Rights", of the City of Aspen
Municipal Code. This Order allows an exception for building code compliance pursuant to
Section 26.575.020.K., which constitutes a site -specific development plan and is subject to a
vested property right. The vested property right shall expire on the third anniversary of the
effective date of this development order, unless a complete building permit is submitted pursuant
to Section 20.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued
by City Council pursuant to Section 26.308.010.
This Development Order is associated with the property noted below for the site -specific
development plan as described below.
812 E. Cooper, LLC c/o Tom Lester, Lester Development, LLC, P.O. Box 11347, Aspen, CO
81612 (970) 925-5524
Property Owner's Name, Mailing Address and telephone number
Unit 812, Cooper Avenue Greystone Condominiums, City and Townsite of Aspen, County of
Pitkin, State of Colorado, located at 812 E. Cooper Avenue, Aspen, Colorado
Legal Description and Street Address of Subject Property
For Unit 812 only, this Site -Specific Plan is to replace an existing non -conforming subgrade
window with a new larger window to provide emergency ingress/egress.
Written Description of the Site -Specific Plan and/or Attachment Describing Plan
Administrative Approval for an Exception to Building Code Compliance dated 5/17/2018,
Recorded at Rec. No. 647406
Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions)
May 17, 2021
Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and
revocation may be pursued in accordance with Section 26.308.010 of the City of Aspen Municipal Code.)
Issued this 21 st day of May 2018 by the City of Aspen Community Development Director.
Jessica Garrow, Cpnimunity Development Director
�- 1,
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RECEPTION : 647406, R: $23.00. D: $0.00
DOC CODE: APPROVAL
Pg 1 of 3, 05/17/2018 at 09:44:38 AM
Janice K. Vos Caudill, Pitkin County, CO
NOTICE OF APPROVAL
ALLOWING ALTERATION OF AN EXISTING WINDOW WELL TO ACHIEVE
EMERGENCY INGRESS/EGRESS BUILDING CODE COMPLIANCE THROUGH
ADMINISTRATIVE REVIEW OF EXCEPTIONS FOR BUILDING CODE COMPLIANCE.
THE PROPERTY IS LOCATED AT 812 E. COOPER AVENUE, LEGALLY DESCRIBED AS
UNIT 812, COOPER AVENUE GREYSTONE CONDOMINIUMS, CITY AND TOWNSITE OF
ASPEN, COUNTY OF PITKIN, STATE OF COLORADO.
Parcel ID No. 2737-182-36-002
APPLICANT: Jerry Lubliner, M.D. / 812 E. Cooper, LLC
REPRESENTATIVE: Tom Lester, Lester Development, LLC
SUBJECT & SITE OF AMENDMENT:
The Applicant is seeking administrative approval for an Exception for Building Code Compliance, pursuant
to Section 26.575.020.K, of the City of Aspen Land Use Code. The subject property is a middle unit in a
townhome-style condominium structure, known as Cooper Avenue Greystone Condominiums, and has only
one window well located in the front (street side) of the unit. It is proposed to replace an existing non-
conforming subgrade window with a new larger window to provide emergency ingress/egress. Installation
of the larger window requires excavation within the existing window well 30" vertically, and 36"
horizontally. The proposed excavation will create two steps of approximately 30" in vertical rise each
between the bottom and top of the window well. This proposal to excavate inside of the existing window
well will not create or increase any outward visual impact.
SUMMARY:
The subject property is zoned Residential Multi -Family. Per the Pitkin County Assessor's Records, the
Cooper Avenue Greystone Condominiums were originally constructed in 1991. The unit in question, Unit
812, is in the process of remodel (Building Permit No. 0027.2018.ARBK). A change order has been
submitted to add depth to the existing window well, as described above, because the existing emergency
ingress/egress window does not satisfy minimum Building Code compliance.
The overall condominium project exceeds current FAR allowance, and is considered non -conforming in
terms of floor area. Increasing the subgrade exposed area of the basement wall will in turn increase the
Floor Area calculations. An increase to the already non -conforming floor area is not permitted. Unit 812
is a middle unit in the condominium structure, and the subgrade level has only one window well in the front
of the unit, the subgrade rear portion of the unit consists of a garage. The distance between the front of the
unit and the garage is approximately 50 feet, and does not satisfy Building Code as a means of viable
emergency ingress/egress. As such, no other opportunity or practical solution exists to gain Building Code
compliance for ingress/egress; which necessitated this request to receive administrative approval for an
Exception for Building Code Compliance.
STAFF EVALUATION:
Section 26.575.020.K, Exceptions for Building Code Compliance of the City of Aspen Land Use Code
states that, "The Community Development Director may approve exceptions to the dimensional restrictions
of this Section to accommodate improvements required to achieve compliance with building, fire, or
Page 1 of 3
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accessibility codes in or on existing buildings when no other practical solution exists. The Community
Development Director must first determine that the visual impact of the exemption is minimal and that no
other reasonable way to implement code compliance exists. The Director may require notice be provided
to adjacent landowners. Approval shall be in the form of a recordable administrative decision".
Staff discussion:
1) The visual impact of the exemption is minimal
The existing window is a three panel window, 84 " wide x 30 " tall, installed 67 " above the subgrade
floor which does not satisfy Building Code for minimum emergency ingress/egress. The proposal
is to enlarge one side of the window to a Building Code compliant height from the subgrade floor
for emergency ingress/egress.
The proposed work on Unit 812 is to occur entirely within an existing window well. The window
well will be excavated deeper, and the foundation inside of the window well will be cut to
accommodate the new proposed larger emergency ingress/egress window. Upon completion of the
work, neither the proposed excavation inside of the existing window well, nor the larger proposed
window will create any outward visual impact above and beyond existing conditions; and
Interior View of Window Enlargement Area
R.O. M Ur 12140.ml
F! awe f2izn"!
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Exterior View of Window Enlargement Area
Page 2 of 3
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2) That no other reasonable way to implement code compliance exists
Unit 812 is a middle unit in the condominium structure, and the subgrade level has only one window
well in the front of the unit, the subgrade rear portion of the unit consists of a garage. The distance
between the front of the unit and the garage is approximately 50 feet, and does not satisfy Building
Code as a means of viable emergency ingress/egress. As such, no other opportunity or practical
solution exists to gain Building Code compliance for emergency ingress/egress.
Front of 812 E. Cooper
Window Well
Staff finds that the proposed improvements meet both the letter and intent of the criteria required of this
review. First, no additional visual impact will be realized as a result of the proposed work. Second, no
other reasonable way to implement code compliance exists.
It must be noted that the resulting increase in calculated floor area for the entire condominium structure
will be 2.23 square feet; which is a nominal increase to the overall 7,998 sq. ft. five unit condominium
structure.
DECISION:
The Community Development Director approves the Exceptions for Building Code Compliance as
set forth in the application and Staffs evaluation.
APPROVED BY:
J ssica Garr
`- ommunity evelopment Director
Exhibit `A': Application (not recorded)
) ZvlC6
Date
Page 3 of 3
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Date: April 24, 2018
C�
THE CITY of ASPEN
Land Use Application
Determination of Completeness
Dear City of Aspen Land Use Review Applicant,
RE��IVEC
APR 2 5 2018
CITY F� CN,.
We have received your land use application for 812 E. Cooper Ave., Administrative
Determination and have reviewed it for completeness.
❑ Your Land Use Application is complete:
Please submit the following to begin the land use review process.
❑ Review deposit of $975.
❑ Digital copy of the application on a USB or emailed to Justin.barkergcit r�pen.com.
Other submission items may be requested throughout the review process as deemed necessary by
the Community Development Department. Please contact me at 429-2797 if you have any
questions.
Thank You,
Just' Barker, Senior Planner
City of Aspen, Community Development Department
For Office Use Only: Qualifying Applications:
Mineral Rights Notice Required New PD
Yes Noe<_ Subdivision, or PD (creating more than 1 additional lot)
GMQS Allotments Residential Affordable Housing
Yes No 4' Commercial E.P.F. Lodging
THE CITY of ASPEN
Land Use Application
Determination of Completeness
Date: April 19, 2018
Dear City of Aspen Land Use Review Applicant,
We have received your land use application 812 E. Cooper Ave., Administrative Determination rcducst
reviewed it for completeness.
Your Land Use Application is incomplete:
lease submit the following missing submission items.
A disclosure of ownership of the parcel proposed for development, consisting of a current
certificate from a title insurance company or attorney licensed to practice in the state (no older
than 6 months), listing the names of all owners of the property and all mortgages, judgments,
liens, easements, contracts and agreements affecting the parcel and demonstrating the owner's
right to apply for the development application. Please submit an allowable form of proof of
ownership.
Other submission items may be requested throughout the review process as deemed necessary by the
Community Development Department. Please contact me at 429-2759 if you have any questions.
Thank You,
Ce'n)nMife(WP�)Flan, Deputy Planning Director
City of Aspen, Community Development Department
For Office Use Only:
Mineral Rights Notice Required
Yes No L
GMQS Allotments
Yes No�
Qualifying Applications:
New PD
Subdivision, or PD (creating more than 1 additional lot)
Residential Affordable Housing
Commercial E.P.F. Lodging
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.7
CITY OF ASPEN
PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Claude Salter
PROJECT. 812 E Cooper, CooperAve Greystones
DATE: 04.13.2018
REPRESENTATIVE: Tom Lester
Lester Development
tomlCoNesterdevelopment.com
970-424-1001
RECEIVED
APR 18 2018
CITY OF ASPEN
c�'�MiELOPMENi
DESCRIPTION:
Cooper Avenue Greystones (810, 812, 814, 816 and 818 E Cooper) is a condominium
building built in the 1990s. It is comprised of four free market townhome style condominiums
and one deed restricted studio unit. The project exceeds current FAR allowance and is
considered non -conforming in terms of floor area.
812 E Cooper is in the process of a remodel. A change order permit has been submitted to
add depth to an existing window well. The depth of the window does not meet Building Code
standards for egress. The window well is three panels wide. The applicant proposes to
increase the depth for one of panels to achieve Building Code compliance.
Increasing the subgrade exposed area of the basement wall will change the floor area
calculations and increase the floor area. As previously stated the condominium complex is
already non -conforming in terms of floor area. Hence, an increase in floor area is not
permitted.
However, the Land Use Code does provide for Building Code compliance when no other
practical solution exists. 812 is a middle unit and has only one window well for the basement.
The applicant is seeking the approval for unit 812 E Cooper. Approving the change for all the
units with similar limitations may be beneficial for the HOA and the City.
Below, please see the Code section 26.575.020(k) Exceptions for Building Code Compliance.
K. Exceptions for Building Code Compliance The Community Development Director may
approve exceptions to the dimensional restrictions of this Section to accommodate
improvements required to achieve compliance with building, fire, or accessibility codes in
or on existing buildings when no other practical solution exists. The Community
Development Director must first determine that the visual impact of the exemption is
minimal and that no other reasonable way to implement code compliance exists. The
Director may require notice be provided to adjacent landowners. Approval shall be in the
form of a recordable administrative decision.
ASLU
812 E Cooper Ave
Cooper Avenue Greystone Condominiums
Type of Review: Administrative
Parcel ID No.: 273718236002
E
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notice be provided to adjacent landowners. Approval shall be in the form of a recordable
administrative decision.
Below is a link to the Land Use Application Form for your convenience.
Land Use Code Section(s) RECEIVED
26.304 Common Development Review Procedures
26.575.020(D)(8) Subgrade Areas APR 18 2018
26.575.020(K) Expectations for Building Code Compliance CITY OF ASPEN
COMML%M DMOPMENT
Below are links to the Land Use Application form and Land Use Code for your convenience:
Land Use App:
Land Use Application
Below is Land Use Code:
Land Use Code
Review by: Administrative Review
Public Hearing: N/A
Planning Fees: $975 Deposit for 3 hours of staff time (additional planning hours are billed at a rate of
$325/hour).
Total Deposit: $975.00
Please submit the completed application to the Community Development Office on the Third
Floor of City Hall:
Completed Land Use Application and signed fee agreement.
v Pre -application Conference Summary (this document).
Street address and legal description of the parcel on which development is proposed to
occur, consisting of a current (no older than 6 months) certificate from a title insurance
company, an ownership and encumbrance report, or attorney licensed to practice in the
State of Colorado, listing the names of all owners of the property, and all mortgages,
judgments, liens, easements, contracts and agreements affecting the parcel, and
demonstrating the owner's right to apply for the Development Application.
Applicant's name, address and telephone number in a letter signed by the applicant that
states the name, address and telephone number of the representative authorized to act on
behalf of the applicant.
j HOA Compliance form (Attached)
A written description of the proposal and an explanation in written, graphic, or model form
of how the proposed development complies with the review standards relevant to the
• development application and relevant land use approvals associated with the property.
An 8 112" by 11" vicinity map locating the parcel within the City of Aspen.
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* 1 Complete Copy of all application materials. If the copy is deemed complete by staff,
the following items will then need to be submitted:
o Total deposit for review of the application.
n a digital copy of all application materials provided in pdf file format.
Disclaimer:
The foregoing summary is advisory in nature only and is not binding on the City. The summary is
based on current zoning, which is subject to change in the future, and upon factual representations
that may or may not be accurate. The summary does not create a legal or vested right.
RECEIVEI)
APR 18 2018
CITY OF ASPEN
Cam%"fin" DVELOPMENT
N
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Agreement to Pay Application Fees
An agreement between the City of Aspen ("City") and dc) 22" 20 1 g ' �`^'` Z
Please type or print in all caps
Address of Property: 12 Z! . � 6OPE�. ST �- SpE!l�
Property Owner Name: J� z/L`� L An I j' ,J IZfC Representative Name (if different from Property Owner) I Duti
Billing Name and Address - Send Bills to:
tS FaS -7 �i� s�-,re�� JJtw '/ iL ; nl
Contact info for billing: e-mail: I I i vt (/ wt (i► J p4 a il i Owt Phone: I 1 -20�-7 ZZ
I understand that the City has adopted, via Ordinance No. 30, Series of 2017, review fees for Land Use applications and
payment of these fees is a condition precedent to determining application completeness. I understand that as the property
owner that I am responsible for paying all fees for this development application.
For flat fees and referral fees: I agree to pay the following fees for the services indicated. I understand that these flat fees are
non-refundable.
$. flat fee for �l Z�r $, flat fee for
$. flat fee for $. flat fee for
For Deposit cases only: The City and I understand that because of the size, nature or scope of the proposed project, it is not
possible at this time to know the full extent or total costs involved in processing the application. I understand that additional
costs over and above the deposit may accrue. I understand and agree that it is impracticable for City staff to complete
processing, review and presentation of sufficient information to enable legally required findings to be made for project
consideration, unless invoices are paid in full.
The City and I understand and agree that invoices mailed by the City to the above listed billing address and not returned to
the City shall be considered by the City as being received by me. I agree to remit payment within 30 days of presentation of
an invoice by the City for such services.
I have read, understood, and agree to the Land Use Review Fee Policy including consequences for no -payment. I agree to pay
the following initial deposit amounts for the specified hours of staff time. I understand that payment of a deposit does not
render and application complete or compliant with approval criteria. If actual recorded costs exceed the initial deposit, I
agree to pay additional monthly billings to the City to reimburse the City for the processing of my application at the hourly
rates hereinafter stated.
$ q 7 S deposit for 3 hours of Community Development Department staff time. Additional time
above the deposit amount will be billed at $325.00 per hour.
5 deposit for hours of Engineering Department staff time. Additional time above the
deposit amount will be billed at $325.00 per hour.
City of Aspen:
Jessica Garrow, AICP
Community Development Director
City Use: 00
Fees Due: $Received $
Case #
Signature: II
PRINT Name: Tm-
Title: OW11 � .D�'m�1�l
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Jerry Lubliner, M.D.
215 East 73rd Street
New York, NY 10021
(917) 887-9227
lublinermdPgmail.com
14th April 2018
RE: Authorized Owner's Representative for 812 East Cooper Ave. Land Use
Application
Dear To Whom It May Concern,
I authorize, Tom Lester, 570 Spruce Street, Aspen Colorado 970-379-4655,
toml0lesterdevelopment com to act on my behalf regarding land use
application requesting increased size of my window well.
JerryA-ub iner M.D.
•
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812 East Cooper - Description
Existing: The subject property is a three-story middle unit, which only has windows at the front
and rear of the unit. The subgrade lower level consists of 685 sgft of livable space which
includes a laundry room, hallway, and bedroom with ensuite bathroom. However, the existing
window (three panel 84" x 30" installed 67" from the floor) is a nonconforming egress window
(see exhibit A of current window). Currently, there is only one means of egress for the lower
level. In the event of an emergency, a person would have to travel +/- 50' to exit through the
garage or +/- 60 to exit through the front door.
Proposed: The applicant is requesting to replace the existing non conforming egress window
with a new larger window (see exhibit B window shop drawing). The proposed window well is
the only location to provide egress for subgrade area. To install the new window we would need
to excavate the existing window well vertically additional 30" and horizontally 36". The proposed
window well would be stepped with each landing being +/- 30" in vertical rise. The increased
window well will roughly increase the exposed wall area by 7 sgft.
•
RECEIVED �
APR 18 2018
C CgOF.1SpEN
utVE'iOPWNT
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DIMENSIONAL REQUIREMENTS FORM RECEIVED
Complete only if required by the PreApplication checklist
APR Y82018
Project and Location 912- Z. Cva`)� � -vF ASPEN
EPV
Applicant: 1(r4 Lv�Itw- 1�l•D. / (OPMEnT
Zone District: Mf-?, Gross Lot Area: �� Net Lot Area: S
"Please refer to section 26.575.020 for information on how to calculate Net Lot Area
Please fill out all relevant dimensions
Single Family and Duplex Residential Multi -family Residential
Existing Allowed Proposed
1) Floor Area (square feet)
2) Maximum Height
3) Front Setback
4) Rear Setback
5) Side Setbacks
6) Combined Side Setbacks
7) % Site Coverage
8) Minimum distance between buildings
Proposed % of demolition
Commercial
Proposed U!
Existing Allowed Proposed
1) FAR (Floor Area Ratio)
2) Floor Area (square feet)
3) Maximum Height
4) Off -Street Parking Spaces
5) Second Tier (square feet)
6) Pedestrian Amenity (square feet)
Proposed % of demolition
1) Number of Units
2) Parcel Density (see 26.710.090.C.10)
3) FAR (Floor Area Ratio)
4) Floor Area (square feet)
4) Maximum Height
5) Front Setback
6) Rear Setback
7) Side Setbacks
Proposed % of demolition
Lodge
Additional Use(
1) FAR (Floor Area Ratio)
2) Floor Area (square feet)
3) Maximum Height
4) Free Market Residential(square feet)
4) Front setback
5) Rear setback
6) Side setbacks
7) Off -Street Parking Spaces
8) Pedestrian Amenity (square feet)
Proposed % of demolition
Existing Allowed Proposed
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Existing Allowed Proposed
Existing non -conformities or encroachments:
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Variations requested:
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LAND USE APPLICATION
Project Name and Address: 01 Z C'DOP I2 Co0►O'CR Al/ �0,2�yS7b�/�$
Parcel ID # (REQUIRED) ZT3? (9134002-
Name: it fg
Address: 20 ( % 62-01I sT 4 44 1, A) Flu deK ivy 1�06 f
Phone#: C(17 -JZ2-7 email: 'U�J`,N.tfPJIQ aNi1at/teat
tEPRESENTIVATIVE: 1
Name: InyA LeS
Address:
Phone#: qV a)email: p, (BS��OZlleloais[4L/•i0 Aw
Description: Existing and Proposed Conditions
f ee, O IWt tk4
Review: Administrative or Board Review
Required land Use Review(s):
Growth Management Quota System (GMQS) required fields:
Net Leasable square footage lodge Pillows Free Market dwelling units
Affordable Housing dwelling units Essential Public Facility square footage
Have you included the following? FEES DUE: $ 123
C
Pre -Application Conference Summary
® Signed Fee Agreement
Q HOA Compliance form
[ZAII items listed In checklist on PreApplication Conference Summary
November 2017 City of Aspen 1 130 S. Galena St. 1 (970) 920 5090
• RECAVED
Homeowner Association Compliance Policy
All land use applications within the City of Aspen are required to include a HomL,OwnPr Association
Compliance Form (this form) certifying the scope of work included in the land use application complies
with all applicable covenants and homeowner association policies. The certification must be signed by
the�roperty owner or AttofnPV regresentina the property ovrnor.
Property Name: r • L �bt ; ,� • L
Owr►er (`I-): Email:
} Phone No.:
Address of
Property:
(subject of
application)
IiAI;tr AMPAH
I certify as follows- (pick one)
This property is not subject to a homeowners association or other form of private covenant.
❑ This property is subject to a homeowners association or private covenant and the improvements
proposed in this land use application do not require approval by the homeowners association or
covenant beneficiary.
❑ This property is subject to a homeowners association or private covenant and the improvements
proposed in this land use application have been approved by the homeowners association or
covenant beneficiary.
I understand this policy and I understand the City of Aspen does not interpret, enforce, or manage the
applicability, meaning or effect private covenants or homeowner association rules or bylaws. I
understand that this docurnen ids n n 'hid rifNPIA nnf
Owner signature: X
Owner printed name:
Or,
Attorney signature:
Attorney printed name:
te--�
I(JIJF
date:
9
WAAS CAMPBELL RIVERA
JOHNSON &.VELASQLIEZa
April 24, 2018
City of Aspen Community Development Dept.
130 S. Galena St
Aspen, CO 81611
RE: 812 E. Cooper Avenue Administrative Determination Application
To Whom it May Concern:
J. Bart Johnson
970.544.4602
johnson@wcriegal.com
DECEIVED
APR 24 2018
CS��IAIA�AIII��Mff
My name is Bart Johnson and I am an attorney based in Aspen, Colorado and am licensed
to practice law in Colorado. I represent 812 E. Cooper, LLC with respect to the property located
at 812 E. Cooper Avenue, #B, which property has County Assessor Parcel ID #273718236002
and is legally described as:
Unit 812, COOPER AVENUE GREYSTONE CONDOMINIUMS, according to the Map
recorded September 5, 1989 in Plat Book 23 at Page 35, Amendment No. 1 thereto
recorded August 6, 1990 in Plat Book 24 at Page 52 and Amendment No. 2 thereto
recorded December 10, 1992 in Plat Book 30 at Page 15 and as defined and described in
the Condominium Declaration for Cooper Avenue Greystone Condominiums recorded
September 5, 1989 in Book 601 at Page 149 as Reception No. 314793, First Supplement
thereto recorded July 24, 1990 in Book 625 at Page 503 as Reception No. 324615, and
Condominium Declaration ii recorded August 6, 1990 in Book 626 at Page 593 as
Reception No. 325008 and Amendment thereto recorded December 10, 1992 in Book 697
at Page 155 as Reception No. 351698.
I am writing this letter to verify that such property is owned by 812 E. Cooper, LLC, with
the mailing address: 201 E. 62"d Street, #12A, New York, New York 10065, subject to the
matters enumerated on the enclosed list of title exceptions.
Sincerely,
Bart John
fo
WAAS CAMPBELL RIvERA
JOHNSON & VELASQUEZ LLP
Enclosure
cc: Jerry Lubliner
1350 SEVENTEENTH STREET SUITE 450 DENVER COLORADO 80202 M 720-351-4700 F 720-351-4745
420 EAST MAIN STREET SUITE 210 ASPEN COLORADO 81611 m 970-544-7006 F 866-492-0361 WCRLEGAL.COM
LIST OF TITLE EXCEPTIONS
1. Any facts, rights, interests, or claims which are not shown by the public records but which could be
ascertained by an inspection of the land or which may be asserted by persons in possession, or claiming
to be in possession, thereof.
2. Easements, liens, encumbrances, or claims thereof, which are not shown by the public records.
3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that
would be disclosed by an accurate and complete land survey of the Land, and that is not shown by the
public records.
4. Any lien, or right to a lien, imposed by law for services, labor, or material heretofore or hereafter fumished,
which lien, or right to a lien, is not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance
thereof, (c) Indian treaty or aboriginal rights, including but not limited to, easements or equitable
servitudes; or, (d) water rights, claims or title to water(see additional information page regarding water
rights), whether or not the matters excepted under (a), (b), (c) or (d) are shown for the public records.
6. Taxes or assessments which are not now payable or which are not shown as existing liens by the records
of any taxing authority that levies taxes or assessments on real property or by the public records;
proceedings by a public agency which may result in taxes or assessments, or notices of such
proceedings, whether or not shown by the records of such agency or by the public records
7. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or
garbage collection or disposal or other utilities unless shown as an existing lien by the public records.
SPECIAL EXCEPTIONS:
8. Taxes and assessments (not including condominium or homeowners association assessments or dues)
for the year 2017 and subsequent years only, a lien not yet due and payable.
9. Grant of mineral rights in Deed recorded November 16, 1891 in Book 105 at Page 264.
10. Reservations and exceptions as set forth in the Deed from the City of Aspen recorded November 4, 1887
in Book 59 at Page 77 and recorded December 8, 1888 in Book 59 at Page 525 providing as follows: "That
no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim
or possession held under existing laws".
11. Terms, conditions, obligations and all matters as set forth in Statement of Exception from the Full
Subdivision Process recorded September 5, 1989 in Book 601 at Page 147.
12. Terms, conditions, provisions, obligations, easements, restrictions and Assessments as set forth in the
Condominium Declaration for Cooper Avenue Greystone Condominiums recorded September 15, 1989 in
Book 601 at Page 149 as Reception No. 314793 and First Supplement thereto recorded July 24, 1990 in
Book 625 at Page 503 as Reception No. 324615 and Condominium Declaration ii recorded August 6, 1990
in Book 626 at Page 593 as Reception No. 325008 and Amendment thereto recorded December 10, 1992
in Book 697 at Page 155 as Reception No. 351698.
13. Easements, rights of way and all matters as disclosed on Plats of subject property recorded September 5,
1989 in Plat Book 23 at Page 35 and Amendment No. 1 thereto recorded August 6, 1990 in Plat Book 24
at Page_ 52 and Amendment No. 2 thereto recorded December 10, 1992 in Plat Book 30 at Page 15.
(Continued)
SCHEDULE B-OWNERS --EXCEPTIONS-CONTINUED--
14. Any and all leases and/or tenancies.
15. Deed of Trust from : 812 E. COOPER, LLC, A COLORADO LIMITED LIABILITY COMPANY
To the Public Trustee of the County of PITKIN
For the use of : FIRST REPUBLIC BANK
Original Amount : $1,875,000.00
Dated : June 23, 2017
Recorded : June 23, 2017
Reception No. : 639381
EXCEPTIONS NUMBERED 1 THRU 7 ARE HEREBY DELETED, EXCEPT FOR SUBSECTION (d) UNDER
PARAGRAPH NUMBER 5 (WATER RIGHTS).
0 812 East Cooper Ave 0
A—pi7�) 13, 2018 1:776
L-1 .SUbdiv Info 0 0.01 0.01 0.03mi
Condo Info 0 0.01 0.03 0.05 km
City of Aspen
Ciy of Aspen GIS I Pitko County I QtyofAspenGIS i
.. 0
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Color Key
LENGFIT
CEILING HEIGHT
GROSS WALL AREA7z639EXPOSED WALL AR
LEN6lR.!7 _•MjMfV_ _
CEILING HEIGHT _ 9'
(F °JT[ %AWlAND3CJIPY RAW IIGMTrNG nAN
GROSS AREA
TOTAL WALL AREA = 2374
EXPOSED WALL AREA = 434
EXPOSED WALL AREAITOTAL WALL AREA = 18.2%
812 EAST COOPER
GARAGE FAR = 59
LOWER LEVEL =685
TOTAL AREA =744
18.2% X 741 - 135,408
EXISITNG 21.45 SOFT EXPOSED WALL AREA
PROPOSED 27 SOFT WAL EXPOSED WALL AREA
•
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APR 18 2018
CITY OF ASPEN
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Exhibit B
O,J: S%DE
R.O. 84 1/2" [2146mm]
F.S. 83 3/4" [2127mm]
35 7/16" [900mm] 48 5/16" [1227mm]
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Sales Order No:
Signature:
Requester: Greg Kontour
Project Name:
812 East Cooper
Remodel
Unit ID:
20178-03-03
Detailed by:
NOTE. STRU SUPPORT MAYEOUIRED
AROUND & BE N MULLED UNITS THE SIZE & TYPE
TO BE DETERMINED BY A STRUCTURAL ENGINEER
COS Contact: Cindy Adams
Detailed On:
Company: Architectural Windows & Doors. Ir
cDate: 05FEB2018
Drawn by: Hannah F.
• IrNGHT = 71'
ILING HEIGHT = 9'
OSS WALL AREA = 639 SOFT
POSED WALL AREA = 234 SOFT
IOGHT = 61' I
LING HEIGHT = 9'
SS WALL AREA = 493 SQF
OSED WALL AREA = 0 SQFT
LENGHT = 61'
CEILING HEIGHT = 9'
GROSS WALL AREA = 493 SOFT
EXPOSED WALL AREA = 38 SOFT R,
LENGHT = 71'
CEILING HEIGHT = 9'
GROSS WALL AREA = 639 SOFT
EXPOSED WALL AREA = 168 SOFT
COOPER AVENUE
�sedan 1
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ftKDM RIIIQ AREA OF
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GROSS AREA
TOTAL WALL AREA = 2374
EXPOSED WALL AREA = 440
EXPOSED WALL AREA/TOTAL WALL AREA = 18.5%
812 EAST COOPER
GARAGE FAR = 59
LOWER LEVEL = 685
TOTAL AREA = 744
18.5% X 744 = 137.893
PROPOSED 27 SOFT EXPOSED WALL AREA
0 0 ! •
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LENGHT = 71'
CEILING HEIGHT = 9'
GROSS WALL AREA = 639 SQFT
EXPOSED WALL AREA = 234 SQFT
v
EIGHT = 9'
ALL AREA = 493 SQFWALL AREA = 0 SQ
1minno r[wct
LENGHT = 61'
CEILING HEIGHT = 9'
GROSS WALL AREA = 493 SQFT
EXPOSED WALL AREA = 38 SQFT x
LENGHT = 71'
CEILING HEIGHT = 9'
GROSS WALL AREA = 639 SQFT
EXPOSED WALL AREA = 162 SQFT
cnsll CWGFIE" sf*%M x
COOPER AVENUE
Existing PIaII]
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GROSS AREA
TOTAL WALL AREA = 2374
EXPOSED WALL AREA = 434
EXPOSED WALL AREA/TOTAL WALL AREA = 18.2%
812 EAST COOPER
GARAGE FAR = 59
LOWER LEVEL = 685
TOTAL AREA = 744
18.2% X 744 = 135.408
EXISITNG 21.45 SOFT EXPOSED WALL AREA
Statement of Authority RE F "ED
y
(Section 38-30-172, C.R.S.) APR 2 0 2018
1. This Statement of Authority relates to an entity named : 812 E. COOPER, LLC CITY Ur ASPEN
2. The type of Entity is a: CINVATY DMMWIT
corporation _ registered limited liability partnership
nonprofit corporation _ registered limited liability limited partnership
limited liability company _ limited partnership association
general partnership _ government or governmental subdivision or agency
limited partnership _ trust
3. The entity is formed under the laws of COLORADO
4. The mailing address for the entity is: 2-01 fE7, � L � J�/� 211
f -W vof� J/L
5. The _X_ name _ position of each person authonzed to execute instruments conveying, encumbering, or
otherwise affecting title to real property on behalf of the entity is: JERRY LUBLINER, MANAGER
6. The authority of the foregoing person(s) to bind the entity is _X_ not limited _ limited as follows.
7. Other matters concerning the manner in which the entity deals with interests in real property:
8. This Statement of Authority is executed on behalf of the entity pursuant to the provisions of Section
38-30-172, C.R.S.
9. This Statement of Authority amends and supersedes in all respects any prior Statement of Authority
executed on behalf of the entity.
Executed thisp -hay of b�li-1� G , 2017.
Name:812 E. COOPER, LLC
JER LUBLINER BY JOHN IVJtON, ATTO EY IN FACT
STATE OFj
I COUNTY OF /�1`� ) ss.
The foregoing instrument was acknowledged before me this ay of Q, , 2017
By:JERRY LUBLINER BY JOHN B. JOHNSON, ATTORNE FACT
Witness my hand and official seal
My commission expires:
Notary Public
CHRISTINA DAVIS
NOTARY PUBLIC
STATE OIF COLOR ADO
NOTARY IO Y t89Sa03087a 7. 2019
MY COMMISSVON EXPIRES NOVEMBER 0
1111111111111111011
RECEPTION*: 639M, R: $13.00, D: $0.00
DOC CODE: AUTH
P9 1 of 1, 06/23/2017 at 10:51:26 AM
Janice K. Vos Caudill, Pitkin County, CO
1rr�rrrrr���rrrrrrr
RECEPTION#: 639380, R: $33.00, D: SM.00
DOC CODE: WD
P9 1 of 6, 06/23/2017 at 10:61:Z7 AM
Documentary Fee $ 390.00 Janice K. Vos Caudill, Pitkin Courtly, Co
WARRANTY DEED
THIS DEED, made JUNE 23, 2017,
Between JAY JOFFE AND LISA DAWN SPRACKMAN JOFFE, AS CO -TRUSTEES OF
THE JOFFE LIVING TRUST, DATED JULY 2, 1996
of the County of LA , State of aL&R44 ( / . GRANTOR,
AND 812 E. COOPER, LLC, A COLORADO LIMITED LIABILITY COMPANY, GRANTEE
whose legal address is 201 E. 62ND STREET, #12A, NEW YORK, NY 10065
of the County of
State of NEW YORK
WITNESSETH, That for and in consideration of the sum of ten dollars and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor has granted,
bargained, sold and conveyed, and by these presents does grant, bargain, self and convey and confirm
unto the Grantee, ITS successors and assigns forever, all the real property together with improvements, if
any, situate and lying and being in the County of PITKIN, State of COLORADO, described as follows:
See Attached Exhibit "A"
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the
estate, right, title, interest, claim and demand whatsoever of the grantor either in law or equity, of, in and to
the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the
said premises above bargained and described, with the appurtenances, unto the Grantee, ITS successors
and assigns forever_ And the Grantor, for itself, its successors and assigns, does covenant, grant,
bargain, and agree to and with the Grantee, ITS successors and assigns, that at the time of the ensealing
and delivery of these presents, IT is well seized of the premises above conveyed, has good, sure, perfect,
absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and
lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the
same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments,
encumbrances and restrictions of whatever kind or nature soever, except those matters as set forth on
Exhibit "B" attached hereto and incorporated herein by reference_ The Grantor shall and will WARRANT
AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the
Grantee, ITS successors and assigns, against all and every person or persons lawfully claiming the
whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use
of gender shall be applicable to all genders.
IN WITNESS WHEREOF the grantor has executed this deed
SIGNATURES ON PAGE 2
CITY OF ASPEN
WRETT PAID
DATE REP, �NO. 5, )
61,9-311-7
CITY OF ASPEN
HRETT PAID _
DATE REP NO.
c
RECEPTION#: 639380, 06/23/2017 at 10:51:27A , Pgs 2 of 5, Janice K. Vos Caudill, Pitkin County, CO
SIGNATURE PAGE TO WARRANTY DEED
PAGE 2
JAY JOFFE AND LISA DAWN SPRACKMAN JOFFE, AS CO -TRUSTEES OF JOFFE LIVING
TRUST, DATED JURY 2, 1996
BY /
JAY JOFFE, CO-T USTEE LISA DAWN P AN JOFFE, CO -
STATE OF )
ss
COUNTY OF )
The foregoing instrume was acknowledged before me this day of 2017,
by JAY JOFFE AND LISA AWN SPRACKMAN JOFFE, AS CO -TRUSTEES OF THE JOFFE LIVING
TRUST, DATED JULY 211 .
WITNESS my hand and official s I A�
my commission expires: Notary Public
PCT25018W3
RECEPTION#: 639380, 06/23/2017 at 10:51:27 AM, Pgs 3 of 5, Janice K. Vos Caudill, Pitkin County, CO
R VED
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
AiJi? Z U 2018
C1 i -f vF ASPEN
COMM MTY 3, .-LC, NT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that docurent.
State of California )
County of LJS �►IGQ (�S )
On June n12D1before me, Kasm',dya LVIS +n,Nt}iA1��1 Pub)tc..
Date t Here Insert Name and 7711e of the Officer
J
personally appeared Q�I o� p_ QLVILA L l& C4 _!.a t l) h Slxtekm 0
Names) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persons whose name(s) is/ re
subscribed to the within instrument and acknowledged to me that he/sh he executed the same in
his/her/ ei uthorized capacity(es), and that by his/her4Me�signature(s) on the instrument the person(s),
or the upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of Califomia that the foregoing paragraph
is true and correct.
KASAM M ANK TPATAN WITNESS my hand and official seal.
Conts+tlssbn of 2011340
-. Notary Pubk - Cawwwa �J �
Los Angdn Cowltq Signatures W(j 9A 4-4YM �isd
My Camm. E= Sn 29. 2017 Signature of Notary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document -
Description of Attached Document `�
Title or Type of Document: I1)Qil'anibj bfpUI Document Date: (.D -,Qc 11
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: _
O Corporate Officer — Titie(s):
❑ Partner — D Limited ❑ General
❑ individual 0 Attorney in Fact
0 Trustee O Guardian or Conservator
O Other.
Signer Is Representing: _
Signer's Name:
D Corporate Officer — Title(s):
D Partner — p Limited O General
D Individual O Attorney in Fact
O Trustee D Guardian or Conservator
O Other:
Signer Is Representing:
C2014 National Notary Association - www.NalionaiNotary.org • 1-800-US NOTARY (1-800-87"827) Item s5907
RECEPTION#k. 639380, 06/23/2017 at 10:51:27 AM, Pgs 4 of 5, Janice K. Vos Caudill, Pitkin County, CO
Is 0
EXHIBIT "A"
LEGAL DESCRIPTION
UNIT 812,
COOPER AVENUE GREYSTONE CONDOMINIUMS, according to the Map recorded September 5, 1989
in Plat Book 23 at Page 35, Amendment No. 1 thereto recorded August 6, 1990 in Plat Book 24 at Page
52 and Amendment No 2 thereto, recorded December 10, 1992 in Plat Book 30 at Page 15 and as
defined and described in the Condominium Declaration for Cooper Avenue Greystone Condominiums
recorded September 5, 1989 in Book 601 at Page 149 as Reception No. 314793. First Supplement
thereto recorded July 24, 1990 in Book 625 at Page 503 as Reception No. 324615, Condominium
Declaration ii recorded August 6, 1990 in Book 626 at Page 593 as Reception No. 325008 and
Amendment thereto recorded December 10, 1992 in Book 697 at Page 155 as Reception No. 351698.
RECEPTION#: 639380, 06/23/2017 at 10:51:27 AM, Pgs 5 of 5, Janice K. Vos Caudill, Pitkin County, CO
9 46
EXHIBIT 'B"
1. Taxes for the year 2017, and subsequent years, not yet due or payable.
2. Grant of mineral rights in Deed recorded November 16. 1891 in Book 105 at Page 264
3 Reservations and exceptions as set forth in the Deed from the City of Aspen recorded November 4, 1887 in Book
59 at Page 77 and recorded December 8, 1888 in Book 59 at Page 525 providing as follows: 'That no title shall be
hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held
under existing laws".
4 Terms, conditions, obligations and all matters as set forth in Statement of Exception from the Full Subdivision
Process recorded September 5, 1989 in Book 601 at Page 147.
5 Terms, conditions, provisions, obligations, easements, restrictions and Assessments as set forth in the
Condominium Declaration for Cooper Avenue Greystone Condominiums recorded September 15, 1989 in Book
601 at Page 149 as Reception No. 314793 and First Supplement thereto recorded July 24, 1990 in Book 625 at
Page 503 as Reception No. 324615 and Condominium Declaration ii recorded August 6, 1990 in Book 626 at
Page 593 as Reception No. 325008 and Amendment thereto recorded December 10, 1992 in Book 697 at Page
155 as Reception No. 351698.
6 Easements, rights of way and all matters as disclosed on Plats of subject property recorded September 5, 1989 in
Plat Book 23 at Page 35 and Amendment No. 1 thereto recorded August 6, 1990 in Plat Book 24 at Page 52 and
Amendment No. 2 thereto recorded December 10, 1992 in Plat Book 30 at Page 15.
7 Any and all leases and/or tenancies.
•
0
R-
Rett,m To:
First Republic Bank
111 Pine Street
San Francisco, CA 94111
Attn: LOAN REVIEW DEPT.
Loan No.: 22-591540-0
Prepared By:
DEFINITIONS
191110111111011011
RECEPTION*: 639381, R: $118.00, D: $0.00
DOC CODE: DT
P9 1 of 22, 06/23/2017 at 10:51:28 AM
Janice K. Vos Caudill, Pitkin County, CO
(Space Ab4„e This Lime For R"ordleg Dalai
DEED OF TRUST
RECEIVED
APR 2 0 2018
WPWIYT
Words used in multiple sections of this document are defined helow and other words are defined in Sections
3, 11, 13, 18, 20 and 21. Certain Riles regarding the usage of words used in t)tis document are also provided
in Section 16.
(A) "Security instrument" means this document, which is dated June 23, 2017
together with all Riders to this document.
(B) "Borrower" is 812 E. Cooper, LLC, a Colorado limited liability company
Borrower is the in,stor under this Security Instnanem.
(C) "Lender" is First Republic Bank,
Lender is a Bank
22-591540-0
COLORADO -Single Family- Fannie MaelFreddie Mac UNIFORM INSTRUMENT Form 3006 1101
-6(C0) (1302)09
s
Gage , a ,s IMS
FORMS I III III I� I�
VMP MORTGAGE
RECEPTION#: 639381, 06/23/2017 at 10:51:28 AM, Pgs 2 of 22, Janice K. Vos Caudill, Pitkin C�ty, CO
•
organized and existing under the laws of California
Lender's address is 111 Pine Street, San Francisco, CA 94111
Lender is tie beneficiary under this Security Instrument-
(D) "Trustee" is the Public Trustee of PITKIN County, Colorado.
(E) "Note" means the promissory note signed by Borrower and dated June 23, 2017
The Note states that Borrower owes Lender One Million, Eight Hundred Seventy -Five Thousand
andNo1100—----------------------------- Dollars
(U.S. 5 1,875,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than July 1, 2047
(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.
(H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable):
® Adjustable Rate Rider Condominium Rider ® Second Home Rider
Balloon Rider Planned Unit Development Rider 0 14 Family Rider
Q VA Rider 0 Biweekly Payment Rider ®Other(s) [specify] LEGAL
(1) "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.
(J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imptned on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(K) "Electronic Funds Transfer" means any transfer of finds, other than a transaction originated by check,
draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,
computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an
account. Such term includes, but is not limited to, point -of -sale transfers, automated teller machine
transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
(L) "Escrow Items" means those items that are described in Section 3.
(hl) "Aliscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by
any Hurd parry (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 pan of the Property;
(iii) conveyance in lieu of condemnation, or (iv) misrepresentations of, or omissions as to, the value andior
condition of the Property.
(n) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the
Loan.
(0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (it) any amounts under Section 3 of tlus Security Inslntment.
(P) "RF.SPA" nhcans the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing regulation, Regulation X (12 C.F.R. Pan 102.1), as they might be amended from time to time,
22-591540-0
COLORADO -Single Family- Fannie MaefFreddie Mac UNIFORM INSTRUMENT
(M-6(CO) (130200 Paget or Is finaors Form 3006 1101
s
?'_=CEPTION44 639381, 06/2312017 at 10:51:28 AM, Pgs 3 of 22, Janice K. Vos Caudill, Pitkin County, CO
or any additional or successor legislation or regulation that govems the same subject matter. As used in this
Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a
"federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan"
kinder RESPA.
(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not
that party has assumed Botmwcr's obligations under the Note and/or this Security Instnimcnt.
TRANSFER OF RIGHTS IN THE PROPERTY
This Sectiity 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
Sectuity 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 IType of Recording Jurisdictinnp
of PITKIN I N3rne of Recording Jurisdiction):
See Legal description(s) attached hereto
and by this reference made a part hereof.
Parcel ID Number.273718236002 which currently has die address of
812 East Cooper Avenue Istreet)
Aspen (city) , Colorado 81611 pzip Cate)
("Property Address"):
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a pan of the property. All replacements and additions shall also
be covered by this Security Instnument. All of the foregoing is referred to in this Security Instrument as the
"Property."
13ORROWER COVENANTS that Borrower is lawfirlly seised of the estate hereby conveyed and has
the right to grant and convey the Pmpeny and that the Property is unencumbered, except for encumbrances of
record. Borrower warrants and will defend generally die 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 anti non -uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
22-591540-0
COLORADO -Single Family- Fannie MaelFreddie Mac UNIFORM INSTRUMENT
=-6(CO) (*w).00 Pne a of 15 maxis Form 3006 11D1
r
RECEPTION#: 639381, 06/23/2017 at 10:51:28 AM, Pgs 4 of 22, Janice K. Vos Caudill, Pitkin County, CO
is
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 tinder 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 anv check or other instrument received by Lender as payment tinder 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 trade in one or more of the following fornts, as selected
by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashiers 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 outstarxiing 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 shalt he 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 he
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 dive tinder
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 oilier items which can attain priority over Utis 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 lice of the payment of Mortgage Insurance premiums in
accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at
22-591540-0
COLORADO -Single Family- Fannie Mae/Freddte Mac UNIFORM INSTRUMENT
Q-6(CO) tt302100 a4 4 „s.s Form3006 1101
PxECEPTION#7. 639381, 06123/2017 at 10:51:28 AM, Pgs 5 of 22, Janice K. Vos Caudill, Pitkin County, CO
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 sllall be an Escrow Item.
Borrower shall promptly furnish to Lender all notices of amounts to he paid under this Section. Borrower
shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay tie Kinds
for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Fiords 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 furnish 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 he 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 tins 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 he 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 RFSPA, and Borrower shall pay to
Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12
monddy 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 RF.SPA, but in no more than 12 monthly payments.
Upon payment in full of all sutras securer] 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, Ieaseliold 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
Borrower: (a) agrees in writing to die payment of due obliption secured by the lien in a manner acceptable to
22-591540-0
COLORADO -Single Family- Fannie Mae/Freddie Mac UNIFORM INSTRUMENT " ,� A
-6(cO) (1302).DO Pop 5of 15 hhaic: A Form 3006 1/01
RECEPTION#. 639381, 06/23/2017 at 10:51:28 AM, Pgs 6 of 22, Janice K. Vos Caudill, Pitkin County, CO
Lender, but only so long as Burrower is performing such agreenlenl: (b) contests the lien in good faith by, or
defends against enforcement of the lien in, legal proceedings which in Lenders opinion operate to prevent the
enforcement of the lien while those proceedings arc periling, but only until such proceedings are enncluded:
or (c) secures from the holder of the lien an agreement satisfactory to Lender suburdinating 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 ,rive Borrower a notice identifying the lien. Within 10
days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the
actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan.
5. Property Insurance. Burrower shall keep the improvements now existing or hereafter erected on the
Property insured against Ions 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 he maintained in the amdxmts (incltding deductible levels) and for the periods that Lerner
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 (h) a one-time charge for flood zone determination and certification
services and subsequent charges each time remappings or similar changes occur which reasrtaNy might
affect such determination or certification. Borrower shall also be responsible for die 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 Pmperty, 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
instrance that Borrower could have obtained. Any arnoumts distxtrsed by Lender tinder 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 Leader 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 antlor 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 Burrower 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 Pnl-jcrty, it' the restoration or repair is economically feasible and
Lender's security is not lessened. During Stich repair and restoration period. Lender shall have the right to
hold such irtsuance proceeds until Lender has had an opportunity to irtspect such Property to ensure the
22-591540-0
COLORADO -single Family- Fannie MaeJFreddie Mac UNIFORM INSTRUMENT
-b(CO) (1302).00 Aoge 6 ct i5 imd.l' A64 Form 3006 1/01
RECEPTION#: 639381, 06/23/2017 at 10:51:28 AM, Pgs 7 of 22, Janice K. Vos Caudill, Pitkin County, CO
work has been completed to Lenders satisfaction, provided that such inspection shall he 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 he (raid on such insurance proceeds Lender shall not he 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 frtxn 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 (h) 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 Prnperty as Borrowers 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 Borrowers control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair lie 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 proceed.-, are not sufficient to repair or restore the Property,,
Burrower is not relieve) 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.
S. 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
convent 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.
9. Protection of Lender's Interest in the Property and Riyhts Under this Security Instrument. If
(a) Borrower (Ails it) perform the covenants and agreements contained in this Security Instnmient, (b) there is
a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this
22.591540-0
COLORADO -Single Family- Fannie MaerFreddie Mac UNIFORM INSTRUMENT
(r-6(CO) o15u2l.00 na9� 7 & is ao J Form 3006 1/01
RECEPTION#: 639381, 06/2312017 at 10:51:28 AM, Pgs 8 of 22, Janice K. Vos Caudill, Pitkin Co, CO
Security Instrument (such as a proceeding in hanknupicy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over dhis 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. Lenders 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 tlhis Security Insinimenl, including its secured
position in a bankruptcy procecxiing. Securing the Property includes, bttt 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 otter axle violations or dangerous conditions, and have utilities turned on or off.
Although Lender may take action under this Section 9, Lender does ncx 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 tinder this Section 9.
Any amounts disbursed by Lender tinder 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 front 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-refndable, notwithstanding the fact that
the Loan is ultimately paid in full, and Lender shall not he 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
tlhe 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 Lenders 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 satisfactoy to the mortgage insurer and the other party (or parties) to these
agreements. These agreements may require the mortgage insurer to make payments rising any source of funds
that the mortgage insurer may have available (which may inclikie funds obtained from Mortgage Insurance
premiums).
As a result of these agreements, Lender, any purchaser of the Note, amxher insurer, any reinsurer, any
other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) atrnxmts that derive
from (or might be characterized as) a portion of Borrowers payments for Mortgage Insurance, in exchange
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COLORADO -Single Family- Farmia MaarFreddie Mac UNIFORM INSTRUMENT j
(y-6(CO) (1302).00 cage 8 of 15 Form 3006 1101
RECEPTION#. 639381, 06i23/2017 at 10:51:28 AM, Pgs 9 of 22, Janice K. Vos Caudill, Pitkin County, CO
• •
for sharing or modifying rite 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.
(h) 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 he 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 Lenders 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 he 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 he lessened, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the
excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in
Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if
any, paid to Borrower.
In the event of a partial taking destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater
than the amount of the sums secured by this Security Instrument immediately before the partial taking,
destruction, or loss in value, unless i3om)wer 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 hefcwe the partial taking, destruction, or loss in value, thnless
Borrower and Lender otherwise agree in writing, the MiscOlanemis Proceeds shall be applied to the sums
secured by this Security Instrument whetter or not the sums are then due.
If the Pmpery 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 Pmceeds 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 irhny against whom Borrower has a right of action in regard to Miscellaneous
Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could restdi 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 he dismissed with a
ruling that, in lenders judgment, precludes forfeiture of the Property or other material impairment of
22-591540-0
COLORADO Single Family- Fannie MasrFreddie Mat UNIFORM INSTRUMENT
(=)-6(CO) (13a2)06 Poppy r15 r"aaw Form3006 1l01
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Lender's interest in the Propcny or rights tinder dhis Security Instrument. The proceeds of any award or claim
for damages that are attributable to the impairment of Lerxler's interest in the Property are hereby assigned
and shall be paid to Lender.
All It1isccllancous Proceeds that are not applied to restoration or repair of die 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 Irtstnrment granted by Lender
to Borrower or any Successor in Interest of Borrower shall not operate to release die 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 mollify 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 die amount then due, shall not he 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 he 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 -signet's interest in the Property under the
terms of Otis Security Instrument; (b) is not personally obligated to pay die sums secured by this Security
Instrument: and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make
any accomnintiations 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 tender this Security Instrument Borrower shall not he released front
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 tinder 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 amotint 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 wider
the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will he
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 Instnument must
be in writing. Any notice to Borrower in connection with this Security Instrument shall he deeniel to have
been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice
address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrower.. unlcsv.
Applicable Law expressly requires otherwise. The notice address shall he 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 ol'
address, then Borrower shall only report a change of address through that specified procedure. There may he
only one designated notice itthiress under dhis Security Instrument at any one tine. Any notice to Lentier
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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 tinier 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 panics to agree by contract or it might be silent, but
such silence shall not he 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 (h) words in the singular shall mean and
include the plural and vice versa; and (c) the word "may" gives sole discretion willtout 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 rite 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 prohihiled 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 buns secured by this Security Instrument. If Borrower fails to pay these
sums prior to the expiration of this period, Lanier may invoke any remedies pennitted 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. Tlxose 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, Nut not limited to, reasonable attorneys
fees, property inspection and valuation fees, and other fees incurred fix 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 Lenders interest in die 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) certified check, bank check, treasurer's check
22-591540-0
COtORADO-Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
-6(C0) ttaoz).00 pag6 11 Of 15 or.,�K f� �� Form 3006 1/01
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or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a
federal agency, instnimentality or entity; or (d) Electronic Funds "Transfer. Upon reinstalement by Borrower,
this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had
occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer. Notice of Grievance. The Note or a partial interest in the
Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower.
A sale might result in a change in die entity (known as the "Loan Servicer") that collects Periodic Payments
due under the Note and tabs Security Instnument 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 Scrvicer unrelated to a sale of the Note. if there is a change of the Loan Servicer, Borrower will he
given written notice of the change which will state die 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 die Notc 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 otter 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 1 S) 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 tie jurisdiction where the Property is located that relate
to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action,
remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition"
means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do,
nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental
Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two
sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous
Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of
Cie Properly (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
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
Environmental Condition, including hul not limited to, any spilling, leaking, discharge, release or threat of
22-591540-0
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release of any Hazardous Substance, and (c) any condition causal by the presence, use or release of a
Hazardous Substance which adversely affects the value of the Properly. If Borrower ]cams, or is notified by
any governmental or regnilatory authority, or any private party, that any removal or other rcnicdiation of any
Hazardtats Siihstance affecting the Property is necessary, Borrower shall promptly take all necessary remedial
actions in accordance with Environmental Law. Nothing herein shall create any obligalion on Lender for an
Environnicnial 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 reinslate 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 1% 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 it 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
Properly 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
previoush 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 Instniment, Lender shall request that
Tnistee release this Security Instrument and shall produce for Tntstee, duly canceled, all notes evidencing
debts secured by this Security Instniment. Trustee shall release this Security Intitniment willuxrt further
irxluiry or liability. N)rrowcr shall pay any recordation costs arxi ilic statutory Tntstec's fees.
24. Waiver of Homestead. Borro%ycr waives all right of Itornestead exemption to the Property.
22-591540-0
COLORADO -Single Family- Fannie MaelFreddie Mac UNIFORM INSTRUMENT
-6(CO) (,3W2) W PWe 13 a 15 hot.IL Form 3006 1101
f `U�i
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BY S16NTN6 BELOW, Burrower accepts and agrees to the terms and cu%•cnanLs contained in this
Security Instnrmeni and in any Rider executed by Borrower and recorded with it.
812 E. Cooper, LLC,
Witnesses: a Colorado limited 11
_ (Seal)
Iorrower
_ (Seal)
-Bonower
_ (Seal)
-linrrower
k I/ FV G.. 0h4r �-
Lubliner, Marft4hr // &irtower
John& Johns U
Attomey-in-fact
_ (Seal)
-Bormwer
_ (Seal)
Borrower
_ (Seal)
-f3orrowcr
_ (Seal)
-Bom—er
22-591540-0
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s
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T'4'�
STATE OF COLORADO, Counhv ss:
The foregoing! instnunent was acknowledged before me this day
Of J�~� i 'LC) 7
by Jet Lw Jr11Q filuYla O�ol . CDo�%Gr LLG cc
,% !1
lac_+ -
f l
Witness my hand and official seal.
My Commission Expires:
Notary Public
CHR19TINA DAVIS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 9 19994030870
MY COMMISSION EXPIRES NOVEMBER 07 2019
Loan origination organi7.ationFirst Republic Bank
NMLS ID 362814
Loan oneinator Lysa Flanz Ginsberg
NMLS 1D 808509
22-59154"
COLORADO -Single Family- Fannie MaeJFreddie Mac UNIFORM INSTRUMENT
C"CO) (1302).00 Page 150115 01615 rvy) Form 3D06 1101
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Legal Description
Loan No. 22-591540-0
For property located at:
812 East Cooper Avenue, Aspen, CO 81611
The legal description of said property is described as follows:
See Legal description(s) attached hereto and by this reference made a part hereof.
UNIT 812,
COOPER AVENUE GREYSTONE CONDOMINIUMS, according to the Map recorded September S. 1989
in Plat Book 23 at Page 35, Amendment No. 1 thereto recorded August 6, 1990 in Plat Book 24 at Page
52 and Amendment No. 2 thereto, recorded December 10, 1992 in Plat Book 30 at Page 15 and as
defined and described in the Condominium Declaration for Cooper Avenue Greystone Condominiums
recorded September 5, 1989 in Book 601 at Page 149 as Reception No. 314793, First Supplement
thereto recorded July 24, 1990 in Book 625 at Page 503 as Reception No. 324615, Condominium
Declaration ii recorded August 6, 1990 in Book 626 at Page 593 as Reception No. 325008 and
Amendment thereto recorded December 10, 1992 in Book 697 at Page 155 as Reception No. 351698.
LLGALA Rc,'.05110100
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FIXED/ADJUSTABLE RATE RIDER
(1 Month Libor - Rate Caps) Lunn No. 22-591540-0
THIS FIXED/ADJUSTABLF RATE RIDFR is made this 23rd _ day of June, 2017 , and is
incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the
"Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's
FixediAdjustable Rate Note (the "Note") to First Republic Bank
(the "Lender") of the same date and covering (lie property described in the Security Instrument and located at:
812 East Cooper Avenue, Aspen, CO 81611
THIS NOTE PROVIDES FOR A CHANGE IN THE BORROWER'S FIXED INTEREST RATE TO AN
ADJUSTABLE INTEREST RATE. THE NOTE LIMITS THE AMOUNT THE BORROWER'S
ADJUSTABLE. INTEREST RATE. CAN CHANGE AT ANY ONE. TIME. AND THE, MAXIMUM RATE
THE. BORROWER MUST PAY.
ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument,
Borrower and Lender further covenant and agree as follows:
A. ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES
The Note provides for an initial fixed interest rate of 2.400, The Note also provides for changes
in the adjustable interest rate, as follows:
4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of
September 2022 , and the adjustable interest rate 1 will pay may change on that day
every month thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate,
and each date on which my adjustable interest rate could change is called a "Change Date".
(B) The Index
Beginning with the first Change Date, my adjustable interest rate will he basal on an index. The "Index" is the
average of interbank offered rates for one-mcxith U.S. dollar -denominated deposits in the London Market
("LIBOR"), as published by -Ilic Wall Street Journal. The most recent Index figure available as of the date 15
days before each Change Date is called die "Current Indcx".
If the Index is no longer available or is otherwise unpublished or in Note Holder's sole discretion is determined
to be substantially recalculated, the Note Holder will choose a new index. The Note Holder will give me notice
of this choice.
(C) Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding
Two and Four -Tenths percentage fioints ( 2.400 0.0
to the Current Index. The Note Holder will then round the result ul-this addition lu the next highest one eighth
of one percentage point (0.125%). Subject to the limits stated in Section l(D) below, this rounded amount will
he my new interest rate until the next Change Date.
The Note Holder will then determine the amount of the monthly payment. During the first 10
years of the loan, the Note Holder will determine the amount of my monthly payment of interest. During the
remainder of the loan term when principal and inierest payments are rc(4uircd. the Nutt Holder will determine
the ammount of the monthly payment that would he sufficient to repay the unpaid principal that l am expected to
owe at the Change Date in full on the maturity date at my ncw• interest rate in suhstantially equal payments. The
result of Oils calculation will he die new amount of my monthly payment.
%II I.TISTATI: t1Xf D AIM STAW.). RATi: RIDt R
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(D) Limits on Interest Rate Changes
My interest rate will never increase to more than 9.950
less than 2.400 ",; (the "Minimum Interest Rate").
15, (the "Maximum Interest Rate"), nor
(E) Effective Date of Changes
My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly
payment beginning on the first monthly payment date after the Change Date until the amount of my monthly
payment changes again.
(F) Notice of Changes
The Note Holder will deliver or mail to me a notice of the change in my initial fixed interest rate to an
adjustable interest rate and of any changes in my adjustable interest rate before the effective date of any payment
change. The notice will include the amount of my monthly payment, any information required by law to be
given me and also the telephone number of a person who will answer any question I may have regarding the
B. TRANSFER OF THE. PROPERTY OR A BENEFICIAL INTEREST IN BORROWER
(1) UNTIL BORROWER'S INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE
INTEREST RATE UNDER THE TERMS STATED IN SECTION A ABOVE, UNIFORM COVENANT 18
OF THE SECURITY INSTRUMENT SHALL BE IN EFFECT AS FOLLOWS:
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.
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 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 Instnunent without further notice or demand
on Borrower.
(2) WHEN BORROWER'S INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE
INTEREST RATE UNDER THE TERMS STATED IN SECTION A ABOVE, UNIFORM COVENANT l8
OF THE SECURITY INSTRUMENT DESCRIBED IN SECTION B1 ABOVE SHALL THEN CEASE TO
BE IN EFFECT, AND THE PROVISIONS OF UNIFORM COVENANT 18 OF THE SECURITY
INSTRUMENT SHALL BE AMENDED TO READ AS FOLLOWS:
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 transfcrrod 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. Lender also shall not exercise this option if:
(a) Borrower causes to he subm fitted to Lender information required by Lender to evaluate the intended transferee as
if a new loan were being made to the transferee, and (h) Lender reasonably determines that Lender's security will
not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security
Instrument is acceptable to Lender.
To the extent permitted by applicable law. Lender may charge a reasonable fee as a condition to Lender's consent to
the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to
Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this
Security Instrument. Borrower will continue to he ohligated under the Note and this Security Instrument unless
Lender releases Borrower in writing.
N11ILTISTATIi HXED ADH'STABLL KATL KIDFR
I Monal Lilxv INDLX - Single Family page 2 u! 3 R432P2 Rev OS'01t/00
fIECEPTION#: 639381, 06123/2017 at 10:51:28 AM, Pgs 19 of 22, Janice K. Vos Caudill, Pitkin County, CO
0 •
If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of
acceleration- The notice shall provide a period of not less than thirty (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 witluiut further notice or demand on Bormwer.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this F-ixed,'Adjustabie
Rate Rider.
812 E. Cooper, LLC,
a Colorado limited liability company
rry I
nor, Manager I c Date
J B- Johnson
orney-in-fact
Dale Date
[Sign Original Only]
Mt LTISTATE PIXEII ADJUSTABI 1? RATI- K11*.k
I Month Lihor 1\1)1-X - Sintik family Page 3 of 3 K4t2P3 Re%.05/08,M)
RECEPTION#: 639381, 06/23/2017 at 10:51:28 AM, Pgs 20 of 22, Janice K. Vos Caudill, Pitkin County, CO
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CONDOMINIUM RIDER
Loan N u mber 22-591540-0
THIS CONI>OMINIUM RIDFR is made this 23rd daY of June, 2017
and is incorporated into and shall he deemed to amend and supplement the Mortgage. Deed ofTrta, or Security Deed (the "Security instrument")
of the wine date given by the undersigned (Lite "Burrower") to secure Borrower's Node to
First Republic Bank
"Lender") of the same date and covering the Property described in the Security Instrument and located at:
812 East Cooper Avenue, Aspen, CO 81611
IPnitoerty Address]
The Property includes a unit in, together with an undivided interest in the eomrnon elements of. a condominium project known as:
Cooper Avenue Greystone Condominiums
(Name of Condominium Projecll
(the
(the "Condominium Project"). If the owners association or other entity which acts for the Condominium Project (the "Owners Association") holds
title to property for the benefit or use of its members or shareholders, the Property also includes Borrower's interest in the (Tuners Association and
the uses, proceeds and benefits of Borrower's interest.
CONDOMINIUM COVENANTS. In addition to the covenants and aerccinents made in the Security Instrument, Borrower and
Lender further covenant and agree as follows:
A. Condominium Obligations. Borrower shall perform all of Borrower's obligations under the Condotninimn Project';
Constituent Documents. The "Constituent Dccurnents" are the: (i) Declaration or any other document which creates the Condominium
Project; (it) by-laws: (tit) code of regulations: and (iv) other equivalent documents. Borrower shall promptly pay, when due, all dues
and assesgnents imposed pursuant to the Constituent Documents.
B. Property Insurance. So long as the Owners Association maintains, with a generally accepted insurance carrier, a
"master" or "bla et" policy on the Condominium Project which is satisfactory to Lender and which provides insurance coverage in
the amounts (including deductible levels), for the periods, and against loss by fire, hazards included within the term "extended
coverage," and any other hazards, including, but not lunited to, earthquakes and floods, from which Lender requires insurance, then:
(i) Lender waives the provision in Section 3 fur the Periodic Payment to Lender pf the yearly premium inslallments for property
insurance on the Property; and (ii) Borrowers obligation under Section 5 to maintain property insurance coverage on the Property is
deemed satisfied to the extent that the required coverage is provided by the Owners Association policy.
What Lender requires as a condition of this waiver can change during the tern of the loan.
Borrower shall give Lender prompt notice of any lapse in required property insurance coverage provided by the master or
blaulket policy.
In the even of a distribution of property insurance proceeds in lieu of restoration or repair following a loss to the Property,
whether to the unit or to common elements, any proceeds payable to Borrower are hereby assigned and shall be paid to Lender for
application to the suns secured by the Security Instrument, whether or not then due, with the excess, if any, paid to Borrower.
C. Public Liability Insurance. Borrower shall take such actions as may be reasonable to insure that the (Tuners
Associalion maintains a public liability insurance policy acceptable in form, amount and extent of coverage to Lender.
D. Condemnation. The proceeds of any award or claim for damages, direct uv consequential, payable to Borrower in
connection with any condemnation of other taking of all or any part of the Property, whether of the unit or of the common elements, or
for any conveyance in lieu of condemnation, arc hereby assigned and shall be paid to Lender. Such proceeds shall be applied by
Lender to the sutras secured by Lite Security Instrument as provided in Section 11.
E. bender's Prior Consent. Borrower ;hull not, except after notice to Lender and with Lender's prior written consent
either partition or subdivide the Property or consent to: (i) the abandonment or tennination of the Condominium Project, except for
abondonrrnem or tennination required by law in the Case of substantial dearuction by fire or other casualty or in the case of a taking by
condemnation or eminent domain: (ii) any amendment to any provision of the Constituent Documents if the provision is for the
express benefit of Lender: (iii) tennination of professional ntanaoentent and assumption of self-inanngLutent of the Owners
Assciation: or (iv) any action which would have the effect of rendering the public liability insurance coverage maintained by the
Owners Assoc iaiion unaCCCptahle to Lender-
M1.l TISTATE ( ONPOMINICN1 RIDUR - Single I amtly I annic Mae I rvddtc Mac t NII ORNI INSTRI MINT
t -NI I OKM (R); MI.M ; 3140PI , OS-OO Page 1 ,1'2 CONDOP1 Rn, 12/01/(K)
RECEPTION#. 639381, 06/2312017 at 10:51:28 AM, Pgs 21 of 22, Janice K. Vos Caudill, Pitkin County, CO
0 1*
F. Remedies. If Borrower does not pay condominium dues and assessments when due, then Lender may pay them. Any
arrxwnts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured by the Security lnstrument.
Unless Borrower and Lender agree to other tennis of payulent, these amounts shall bear interest from the date of disburserrxnt at the
Note rate and shall he payable, with interest, ulw.n notice from Lender to Bormwer requesting payment.
BY SIGNING BELOW, Borrower accepts and agrees to die terms and provisions contained in this Condominium Ritter.
812 E. Cooper, LLC,
a Colorado limited liability company
nG.I"&/—
[Sign Original Only}
Dale
\1t I.TISTATF ('ONI)O\11\It'M RIDIiR Single I amdp lame Mac I I rrddie \lac UNIFORM INSTRI MINT
t N14FORM(R)%Y1LM 1l0P2 OS-(X) Page 2u12 ('ONFOP2 Rc,.12101�00
RECEPTION#. 639381, 06/2312017 at 10:51:28 AM, Pgs 22 of 22, Janice K. Vos Caudill, Pitkin County, CO
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SECOND HOME RIDER
LOAN NO. 22-591540-0
THIS SECOND HOME RIDER is made this 23rd day of June, 2017 , and is
incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed ("the Security
Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note (the "Note") to
First Republic Bank, ("the Lender")
of the same (late and covering the property described in the Security Instrument ("the Property") which is located at:
812 East Cooper Avenue, Aspen, CO 81611
In addition to the covenants made in the Security Instrument, Borrower and Lender further covenant and agree that Sections 6 and R
of the Security Instrument are deleted and replaced by the following:
6. Occupancy.
Borrower shall occupy, and shall only use, the Property as Borrower's second home. Borrower shall keep the Property available
for Borrower's exclusive use and enjoyment at all times, and shall not subject the Property to any timesharing or other shared
ownership arrangement or to any rental pool or agreement that requires Borrower either to rent the Property or give a management
firm or any other person any control over die occupancy or use of the Property.
S. Borrower's Loan Application.
Borrower shall be in default if, during the loan 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 second home.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this Second Home Rider.
812 E. Cooper, LLC,
a Colorado limited liability company
Date
i7
---------------------------------------- ---- ------------
I )ate Date
[Sign Original Only]
Mt 1-TISTATF SECOND HOW; RIDER
Singly I amily - I reLkfie Mic LNit OKN1 INSTKI'ti11:NT 3S'Nl Kc,.09/07100
RECEPTION*: 639299, R: $18.00, D: $0.00
DOC CODE: POA
Pg 1 of 2, 06/2112017 at 12:54:31 PM
Janice K. Vos Caudill, Pitkin County, CO
POWER OF ATTORNEY
Know All Persons by These Presents, that 812 E. COOPER, LLC, a Colorado limited liability
company (the -Company "), hereby makes, constitutes and appoints JOHN B. JOHNSON as its true and
lawful attorney -in -fact with full power and authority to act in its name and on its behalf with respect to
the following subjects:
To take any and all actions and to execute and deliver any and all documents,
agreements, instruments or other writings, as may be necessary, incidental, or desirable in
connection with the purchase and financing of that certain real property in the City of
Aspen, Pitkin County, Colorado, more particularly described on Exhibit A of this Power
of Attomey, together with any appurtenances thereto and personal property located
thereon, including. without limitation, contracts, settlement statements, affidavits,
assignment and assumptions of leases, disclosures, prorations agreements, indemnities.
tax agreements, utility agreements, lien affidavits and indemnities, promissory notes,
deeds of trust, other loan documents or other writings, and amendments to any of the
foregoing.
The Company hereby ratifies, confirms and approves each and every act of said attomey-in-fact
taken in conformity with this Power of Attorney.
This Power of Attorney shall be effective until revoked in writing, such revocation to be delivered
to the attomey-in-fact named above. Everyone dealing with said attorney -in -fact shall be entitled to rely
upon the certificate of such attorney -in -fact to the effect that his power is in effect and has not been
revoked.
In witness whereof, the Company has executed this Power of Attorney on this AD th day of June.
2017.
812 E. COOPER, Ll�, a Colorado limited liability
company
Jerry Lubli
State of0" 0e )
ss.
County of Nov
The foregoing instrument was acknowledged before me this _ day of June, 2017, by
Jerry Lubliner, as Manager of 812E. COOPER, LLC, a Colorado limited liability company.
Witness my hand and official seal_
My commission expires:
- WAMARIS CARRASQUILLO
NOTARY PUBLIC, STATE OF NEW YORK
Re*Vskn No. 01CAM&W
QuWAd In BRM COUNTY
Cmv ission EVIrss JULY le, 2019
I A01 09907i 1 ;
I]
RECEPTION#: 639299, 06/2112017 at 12:54:31 PM, Pgs 2 of 2, Janice K. Vos Caudill, Pitkin County, CO
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EXHIBIT A
Legal Description
Unit 812,
COOPER AVENUE GREYSTONE CONDOMINIUMS, according to the Map recorded
September 5, 1989 in Plat Book 23 at Page 35, Amendment No. I thereto recorded August 6,
1990 in Plat Book 24 at Page 52 and Amendment No. 2 thereto recorded December 10, 1992 in
Plat Book 30 at Page 15 and as defined and described in the Condominium Declaration for
Cooper Avenue Greystone Condominiums recorded September 5, 1989 in Book 601 at Page 149
as Reception No. 314793. First Supplement thereto recorded July 24, 1990 in Book 625 at Page
503 as Reception No_ 324615, and Condominium Declaration ii recorded August 6, 1990 in
Book 626 at Page 593 as Reception No. 325008 and Amendment thereto recorded December 10.
1992 in Book 697 at Page 155 as Reception No. 351698.
COUNTY OF PITKIN, STATE OF COLORADO
IA010990711 1