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Home My WebLink Aboutcoa.lu.gm.617 E Cooper.0040.2010 THE CITY OF ASPEN City of Aspen Community Development Department CASE NUMBER 0040.2010.ASLU PARCEL ID NUMBER 2737 18 2 43 071 PROJECTS ADDRESS 617 E. COOPER AVE PLANNER DREW ALEXANDER CASE DESCRIPTION DEVELOPMENT ORDER REPRESENTATIVE LOVE DATE OF FINAL ACTION 9.22.2010 CLOSED BY ANGELA SCOREY ON: 9. 22.10 2131 - IS -2 - 3 -07 1 0040 • 2 prD • kV-tit . "rJ»ir; El 0 1 File Edit Record Navigate Form Reports Format Tab Help • E' 4 IX k> ® L i1- J J . n J J lump 1 4 4 '- c • . 5 io 4 A f� Clear A r v R.uuting Status Fees Fee 5ummary Main Actions Attachments Routing History Valuation Arch/Eng Custom Fields Sub Permits Parcels I ' Permit type aslu Aspen Land Use Permit # 0040.2010.ASLU . - Address 617 E COOPER AVE Apt /Suite 125 -i ° o City ASPEN State CO I Zip 81611 v x Permit Information I = Master permit Routing queue aslu07 Applied 81312010 8' Project Status pending Approved • z ' Description ARE TO BE MERGED AND RENOVATED TOGETHER THEIR NET LIVABLE SPACE IS Issued BELOW 1500 SQ FT AND THE PROJECT IS EXEMPT FROM GROWTH MANAGEMENT REVIEW. Final Submitted SARAH DE STEFANO 925 2100 X 8 Clock Running Days 01 Expires 7;2912011 Submitted via . • Owner Last name LOVE First name JON & NANCY 2100 -155 CUMBERLAND ST TORANTO ONM5R1A2 'I Phone (416) 842 -1751 Address Applicant ❑ Owner is applicant? ❑ Contractor is applicant? Last name KER/HROWN ARCHITECTS First name 119 S SPRING ST ' ASPEN CO 81611 Phone (970) 925-2100 X8 Cust # 21250 Address Lender Last name First name I Phone ( ) - Address L Displays the permit lender's address AspenGold5 [server) argelas _ 1 of 1 Gk-4 Ig / 9- y vi a ,tAk 4 7 s ) p ZCO `75— N° ( k il 0 /.\ —) DEVELOPMENT ORDER of the City of Aspen Community Development Depai tlnent This Development Order, hereinafter "Order ", is hereby issued pursuant to Section 26.304.070, "Development Orders ", and Section 26.308.010, "Vested Property Rights ", of the City of Aspen Municipal Code. This Order allows development of a site specific development plan pursuant to the provisions of the land use approvals, described herein. The effective date of this Order shall also be the initiation date of a three -year vested property right. The vested property right shall expire on the day after the third anniversary of the effective date of this Order, unless a building permit is approved pursuant to Section 26.304.075, or unless an exemption, extension, reinstatement, or a revocation is issued by City Council pursuant to Section 26.308.010. After Expiration of vested property rights, this Order shall remain in full force and effect, excluding any growth management allotments granted pursuant to Section 26.470, but shall be subject to any amendments to the Land Use Code adopted since the effective date of this Order. This Development Order is associated with the property noted below for the site specific development plan as described below. Property Owner's Name, Mailing Address Jon and Nancy Love, 2100 -155 Cumberland Street, Toronto, ON M5R1A2 Legal Description and Street Address of Subject Property Subdivision: Aspen Square Unit: 125 / Subdivision: Aspen Square Unit: 126, commonly known as 617 East Cooper Avenue (Aspen Square Condominium Hotel) Written Description of the Site Specific Plan and/or Attachment Describing Plan The Applicant proposes to combine units 125 and 126 into one unit at approximately 1,494 total square feet of net livable area. Land Use Approval(s) Received and Dates (Attach Final Ordinances or Resolutions) Growth Management Quota System Exemption from Demolition or Redevelopment of Multi - Family Housing, 08/26/2010 Effective Date of Development Order (Same as date of publication of notice of approval.) September 5, 2010 Expiration Date of Development Order (The extension, reinstatement, exemption from expiration and revocation may be pursued in accordance with Section 26308.010 of the City of Aspen Municipal Code.) September 5, 2013 Issued this 26 of August, 2010, by the City of Aspen Community Development Director. Chris Bendon, 'ty Development Director Sunday, Septer PUBLIC NOTIC a D EVELOPMENT APPROVAL 1 Notice Is hereby given to the general public of the approval of a site specific development plan, and the Land Use Codee of opeM rAsp Aspen ant to the AFFIDAVIT OF PUBLIC NOTICE Lend se Cod of the City of Aspen and Title 24, Article 66, Colorado Revised Statutes, pertain- ing i 1 116 fo legarl Units: described 125 s 12 yropa6, rty.- QUIRED BY SECTION 26.304.070 AND CHAPTER 26.306 Subdvision: Aspen Square the property commonly known as 617 East Cooper Avenue (Aspen Square Condominium Hotel) by ASPEN LAND USE CODE order of the City of Aspen Community Develop- ment Department on August 26th, 2010. 10. The Applicant received approval for a GMOS Exemp- tion for Demolition, Multi - Family Replacement re- lating to the proposed combination of two units at the Aspen Square t Drew Alexander, Hotel. For further F PROPERTY 6 7 E c�°�er — information contact Drew Alexander, at the City of Aspen Community Development Department, 130 S. Galena St, Aspen, Colorado (970) 429 -2739. 5/ City of Aspen Published in The Aspen Times Weekly on September 5,2010.55193361 STATE OF COLORADO ) ss. County of Pitkin ) I Mt L ,,,,\ S p - (name, please print) being or representing an Applican 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: x 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. �G ✓ / Signature The foregoing "Affidavit of Notice" was acknowledged before me this __a day of �¢ 0\4 on, , 200 by - oa A�� I WITNESS MY HAND AND OFFICIAL SEAL /01 LINDA M. s f ; My ommission expires: c9( Wr0,0 76 f t( • yk . kipmoNG f II (5..4 tit „ .r ? ( _ t4 4.1 „' otary Public My Commission Expires 0312912014 ATTACHMENTS: COPY OF THE PUBLICATION • NOTICE OF APPROVAL For a Growth Management Quota System Exemption From Demolition or Redevelopment of Multi- Family Housing, Unit 125 and 126, Aspen Square Condominium Hotel, Commonly Known as 617 E. Cooper Avenue Parcel ID No. 2737- 18 -2 -43 -071 APPLICANT: Jon and Nancy Love REPRESENTATIVE: Stryker Brown Architects SUBJECT & SITE OF EXEMPTION: Growth Management Quota System (GMQS) Exemption for Aspen Square Condominium Hotel, commonly known as 617 East Cooper Avenue, involving the combining of units 125 and 126. SUMMARY: The Applicant has requested a GMQS exemption to combine two residential multi - family units at the Aspen Square Condominium Hotel. Typically, this scope of work would trigger a GMQS Review under Section 26.470.070 (5), Demolition or redevelopment of multi - family housing. Affordable housing mitigation is required when a unit is demolished or eliminated unless the dwelling units meet certain exemption criteria. Section 26.470.070(5), Demolition or Redevelopment of Multi family Housing, includes the provision that the combining, demolition, conversion, or redevelopment of multi- family housing shall be approved, approved with condition or denied by the Planning and Zoning Commission and that the development must provide mitigation in the form of affordable housing unless the subject dwelling units qualify for an exemption from the GMQS review. This section of the Land Use Code contains a list of exemptions from the affordable housing mitigation provision. The Applicant is pursuing the following exemption for the combining of units 125 and 126: 26.470.070(5)(8)(c), Exemptions: "The demolition, combining, conversion, replacement, or redevelopment of Multi- Family Housing Units which have been used exclusively as tourist accommodations or by non - working residents. The Community Development Director may require occupancy records, leases, affidavits, or other documentation to the satisfaction of the Director to demonstrate that the unit(s) has never housed a working resident. All other requirements of this Title shall apply including zoning, growth management, and building codes." Page 1 of 3 The Aspen Square Condominium Hotel is a mixed -use property located in the Commercial Lodge (CL) zone district. The Lodge designation allows for the multi- family units within the structure to be rented on a short-term basis. The Applicant has submitted a number of documents (Exhibits A and B) stating that neither Unit 125 nor 126 have been used for anything other than tourist accommodations. These documents include letters from the Aspen Square Condominium Hotel General Manager, and an occupancy report for both units dating back to 1996. Typically, Community Development would request an owner affidavit stating that the units were never used by a working resident. However, the owners of both 125 and 126 have not owned the property for a significant period of time, thus rendering this form of evidence less beneficial. Another requirement that needs to be considered for this conversion is the net livable area of the new and larger unit once the two units have been merged. In the CL zone district, the maximum unit size in net livable square feet is 1,500. The Applicant has stated that after the conversion takes place, the total net livable area will be 1,494 square feet. STAFF EVALUATION: In reviewing this application, Staff first analyzed the evidence establishing proof that at no point did a working resident occupy these units. Initially, all that was submitted was a signed letter by the hotel's General Manager. This was not sufficient enough evidence for Community Development to make a final determination and Staff requested additional documentation. The Applicant returned with a notarized letter from the General Manager and occupancy reports for 125 and 126 dating back to 1996. Staff believes that this additional information provides a reasonable basis to approve the GMQS exemption for the proposal at Aspen Square Condominium Hotel. Additionally, Staff reviewed the submitted floor plans and determined that the net livable area will not exceed the maximum amount of 1,494. This approval does not negate the requirement to obtain a building permit and the Applicant shall do so prior to any commencement of work on the property. DECISION: The Community Development Director finds the GMQS Multi - Family Replacement Exemption for the combining of two units (Unit 125 and 126) at Aspen Square Condominium Hotel to be consistent with the review criteria found within section 26.470.070(5)(8)(c) and thereby, APPROVES the exemption as specified below. The approved exemption to 617 E. Cooper Street, Units 125 and 126, allows for the combining of units without the incorporation of Multi- Family Replacement affordable housing mitigation. {Signature on following page} Page 2of 3 APPROV D Y: Chris Bendon Date Community Development Director Attachments: Exhibit A — Letter from Aspen Square Condominium Hotel General Manager Exhibit B — Occupancy Records (pages from oldest record in 1996 — full record in case file) Exhibit C — Existing and proposed floor plans Page 3of 3 aSV �xtet -st i A SOMME. RECEIVED Condominium Hotel in Downtown Aspen AUG 2 3 2010 August 23, 2010 CITY F ASPEN COMMUNITY DEVELOPMENT - Drew Alexander City of Aspen Planning Department 130 S. Galena Street, 3rd Floor Aspen, CO 81611 Affidavit: I have been the General Manager of Aspen Square Condominium Hotel continuously from 1993 until now. To the best of my knowledge, condominiums #125 & #126 have never been occupied by an employee from the time the building was first occupied to the present date. Aspen Square operates an active short-term rental program and to my knowledge both condominiums have been included in our nightly rental business since the building was first opened. They have never seen employee occupancy. T ri) you, ( /�( // 1... C. j' Warren Klug General Manager COUNTY OF PITKIN STATE OF COLORADO The foregoing instrument was acknowledged before me this 4 day of November, 2009. The undersigned officer personally appeared: Warren Klug who acknowledged himself to be the General Manager of Aspen Square Condominium Association, a corporation, confirming that he is authorized to execute the foregoing instrument for the purposes therein contained. // �j / WITNESS my hand and official seal � / d 14it ✓ l � My Commission Expires: /I 3 - 20/7. Notary Public v 4PRYP 2 0/ t; ( 3/4. RBARA y OBTW 617 East Cooper Avenue + Aspen, Colorado 81611 . 970- 925 -1000 • FAX 970 - '17 $B� C E -Mail: info @aspensquarehotel.com On the Web: www.aspensquarehotel.co',,I/' ..« I - 1- 800 -TO ASPEN (1- 800 - 862-7736) ,,,- ° O W ¢° E ; b 1 s 2;s 8 I$ Z gg nilo4 T o� W N a a m D 5 a @ @ E & en w ` . te a 88 4' m Do m rx °6 d8a °a° F .'d @ Z w 0 o a 0z am° we @@ @ mIl L v. 0 1 lei G� m 8 ¢ 86 ° e ° 8 € 9ht N w o_ / // Q X © ° b N 1 ° i Q e z zu I Z 7 VI € $ � i y � 2 I. b z rw Z o 8 i c LI �z J m a I J n Sh2 F ____ _ ______ :Y 1 '°a = o 0 w o 3 3 3 °' c 12 1 1:4111 I r__ -•- i O °r 8b §3s g LIJ w w i i z i w Yim Nw g9w civ a = � , " kJ- 3 , - �� a ° z,a2a Li w ..s= j e {{ �� w�4 ' ^ I I L 3�at=�' €ALT 2 �� 1111111111 0 a rasa" � �� 1 �„'.`�.,nM�� . q © CC � I �r a - - -. X1 -- o_� ((( :e � ��Pi - r ': a1' . §i. i 1 lat,; kr nl. �� ry 8 e i , " — I r � 1 9 L / � a �o A 1l r 4 - I Y I ii ill g t 1 O It it ..a = 0 H O 1 1 t ImSt. r:E E I . . 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( I� J, gm J F$ S v #gc w g -\\1--_1- Q p X G I w # z 1 © • saw — F x p t 6 I 2 ibg 4 I ¢ o1 _.0 � Lil ' I UN_ 14 11 1 - 8 alrh,..- o -A 1 h :3 < s - 5 F s= 8° 3 S'-‘; Fp ^ � _ m �aW" 4N11 ' m �� I ° m� i o rci 0 0 THE CRY OF ASPEN Land Use Application Determination of Completeness Date: August 9, 2010 Dear City of Aspen Land Use Review Applicant, We have received your land use application and reviewed it for completeness. The case number and name assigned to this property is 0040.2010.ASLU — 617 E. Cooper. J�Y our Land Use Application is incomplete: e found that the application needs additional items to be submitted for it to be deemed complete and for us to begin reviewing it. We need the following additional submission contents for you application: 1) 24" by 36" scaled drawings of the floor plans (the submitted 8.5" by 11" is too small to accurately measure). 2) Documentation in the form of occupancy records, leases, affidavits, etc. that demonstrates both units have never housed a working resident and therefore the units are exempted from affordable housing mitigation. Please submit the aforementioned missing submission items so that we may begin reviewing your application. No review hearings will be scheduled until all of the submission contents listed above have been submitted and are to the satisfaction of the City of Aspen Planner reviewing the land use application. ❑ Your Land Use Application is complete: If there are not missing items listed above, then your application has been deemed complete to begin the land use review process. 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. Th. I You, 1 II �7 -muter Ph 1 eputy Director City of Asp= •, ommunity Development Department For Office Use Only: Qualifying Applications: Mineral Rights Notice Required SPA PUD COWOP Yes No Subdivision (creating more than 1 additional lot) GMQS Allotments Residential Affordable Housing Yes No Commercial E.P.F. RECEIVED Stryker D r 0'.V' ii AUG 0 3 2010 CITY OF ASPEN ARCHITECTS COMMUNITY DEVELOPMENT TRANSMITTAL Total Sections: 10 VIA: Drop -Off TO: Jennifer Phelan — 429 -2759 City of Aspen : Planning and Zoning FROM: Sarah De Stefano, Stryker Brown Architects 970 - 925 -2100 ext. 8 DATE: August 3, 2010 RE: Unit #125 & Unit #126 Love Remodel Attached: 1. Total Deposit for Review of the Application 2. Proof of Ownership 3. Completed Land Use Application 4. A signed fee agreement 5. A Pre - Application Conference Summary 6. A letter signed by applicant which states name of authorized person to act on behalf of applicant 7. Legal description of parcel 8. 8.5 x 11 vicinity Map locating parcel in City of Aspen 9. A written description of proposal 10.2 copies of the complete application packet and maps 119 SOUTH SPRING STREET A S P E N C O L O R A D O 81611 970.925.2100 925.2258 (FAX) RECEIVED AUG 0 3 2010 CITY 01- ASPEN COMMUNITY DEVELOPMENT 14094 STRYKER / BROWN ARCHITECTS, P.C. VECTARAB BRANCH COLORADO 119 S. SPRING STREET ASPEN, COLORADO 81611 ASPEN, CO 81611 21315 1020 (970)925 -2100 PAY Seven Hundred Thirty -Five and No/ 100 Dollars g TO THE DATE 2 ORDER OF 7130/10 N CITY OF ASPEN 130 S. GALENA ST. 111 ASPEN, CO 81611 AUTHORIZED SIGNATURE Memo:Love: Land Use Application 00 L40946' •: i0 20031541:471X L 289886' STRYKER / BROWN ARCHITECTS, P.C. 14094 CITY OF ASPEN 14094 7/30/10 $735.00 Love: Land Use Application Account Detail: 5 -1000 Reimbursables $735.00 CITY OF ASPEN COMMUNITY DEVELOPMENT DEPARTMENT Agreement for Payment of City of Aspen Development Application Fees CITY OF ASPEN (hereinafter CITY) and T Nt 4 . /.) //V GI S / N C • (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to CITY an application for Urv l_rs- _- I - 24E1+. I P& FCC() oY111 Cr,FVCkoN//v /VHS (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that the City of Aspen has an adopted fee structure for Land Use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. 3. APPLICANT and CITY agree that because of the size, nature or scope of the proposed project, it is not possible at Ibis lime to ascertain the frill extent of the costs involved in processing the application. APPLICANT and CITY further agree that it is in the interest of the parties that APPLICANT make payment of an initial deposit and to thereafter permit additional costs to be billed to APPLICANT on a monthly basis. APPLICANT agrees additional costs may accnte following their hearings and/or approvals. APPLICANT agrees be will be benefited by retaining greater cash liquidity and will make additional payments upon notification by the CITY when They are necessary as costs am incurred. CITY agrees it will be benefited through the greater certainty of recovering its full costs to process APPLICANT'S application. 4. CI'T'Y and APPLICANT further agree that it is impracticable for CITY staff to complete processing or present sufficient information to the Historic Preservation Commission, Planning and Zoning Commission and /or City Council to enable the Historic Preseivalion Commission, Planning and Zoning Commission and /or City Council to make legally required findings for project consideration, unless current billings ( arc paid in frill prior to decision. 5. Therefore, APPLICANT agrees that in consideration of the CITY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay an initial deposit in the amount of$2 3 5. which is for hours of Community Development staff tine, and if actual recorded costs exceed the initial deposit, APPLICANT shall pay additional monthly billings to CITY to reimburse the CITY for the processing of the application mentioned above, including post approval review at a rate of $245.00 per planner hour over the initial deposit. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing, and in no case will building permits be issued until all costs associated with case processing have been paid. CITY OF ASPEN APPLICANT r fk Chris Bendon ;" T' Community Development Director pale: 1 V v C 2 7 , 2 C l C) Billing Address and Telephone Number /ion .2c)t 4 7Z>/ ( c IV re:), cit./ ps,R, 1"?SJ 2- / C i N/1 /OF9 L1l C e�/ / *S-1 RECEPTION #: 572025, 07/15/2010 at 11:20:30 AM, 1 OF 4, R $26.00 DE $170.00 Doc Code WD "' ° Janice K. Vos Caudill, Pitkin County, CO Documentary Fee $ 180 ;00 RECEIVED WARRANTY DEED AUG 0 3 2010 THIS DEED, made July 15, 2010, CITY M7 OF ASPEN Between JANI JENNIFER POINDEXTER, TRUSTEE OF JANI JENNIFER'SUST U/A DATED SEPTEMBER 1, 2009 of the County of Lot Arc} 2.,t £ S , State of C60 i- . yv Gt , GRANTOR, AND JONA HOLDINGS INC., GRANTEE whose legal address is : SUITE 3140, 161 BAY ST., P. O. BOX 204, TORONTO, ONTARIO, CANADA MSJ 251 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, sell and convey and confirm unto the grantee, his heirs and assigns forever, all the real property together with improvements, if any, situate and lying and being in the County of PITKIN, State of COLOR\DO, described as follows: CONDOMINIUM UNIT 26, AS SHOWN ON THE CONDOMINIUM MAP FOR ASPEN SQUARE CONDOMINIUM, appearing in the records of the County Clerk and Recorder of Pitkin County, recorded December 20, 1968 in Plat Book 3 at Page 365 as Reception No. 133472, and as defined and described in Affidavit recorded October 7, 1977 in Book 336 at Page 197, and as defined and described in that Declaration Aspen Square Condominium, recorded in Book 238 at Page 249 as Reception No. 133471. 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, his heirs and assigns forever. And the Grantor, for herself, her heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, she 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 "A" 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, his heirs 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. CITY OF pkaaN SIGNATURES ON PAGE 2 Orly OF /t8ibt'tzr"'4 DATE Ra.P NO. 1 WRE"f PAID 11 V', D300( DATE, flit hitit, 11111-3 (53 r^� SIGNATURE PAGE TO WARRANTY DEED PAGE 2 JANI JENNIFER POINDEXTER, TRUSTEE OF JANI JENNIFER'S TRUST U/A DATED SEPTEMBER 1, 2009 By: ,JANI JENNIFER POINDE�XTER TRUSTEE STATE OF 1• t v L `t ss COUNTY OF '� ` The foregoing instrument was acknowledged before me this i 3 %day of --I C 2010, by JANI JENNIFER POINDEXTER, TRUSTEE OF JANI JENNIFER'S TRUST U /AIDATED SEPTEMBER 1, 2009. rt 9 WITNESS my hand and official seal my commission expires: Notary Pu• is NATHANIEL A. TRAVERS PCT22791L Commission # 1789721 Notary P - Calltotnla ' Loa Angele s Counfy ::_! my c_o m. Jann2Q E CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 1 State of California County of [Z'5 / 4 ./te -t' 1 On ( J j i b e f or eme, /lk'L` 164i / ' IrC'r`f.r'e�t'S A 1 at,„��(E C , I i (l tae inset name un tills of the e 11 beer) I personally appeared . V.I. v1 r \W .' ,1. ' t er i 9 1 . c who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized I capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of I which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. NATHANIEL A. TRAVERS Commission # 1789721 NA% Notary Public - Calltornia WITNESS i nd and official seal. 2 " ;71.1ry Los Angeles County 'z4 MyCartaphes.)art26.2Q12I r ! t :' - `t ) /Notary (Notary Soap) – _ Sig alur Pit Nt ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in C'a/ifoinia burst eontnbt verbiage e.rocth' a.s DESCRIPTION OF THE ATTACHED DOCUMENT agxmct abate in the notary section or 0 separate nelamvlvdgruent form onus/ be properly completed anal attached to that document. The only exception is if n (/ crap ( ,�) doormen' is !o be recorded outside of Golifbrnia. In such instances. min allernntne /]lf acknowledgment rerbiage as n be prinlyd nn such a document sn Inng ns lhr (T ulle or desalt Ion of atached document) verbiage does 1)01 require the 0000? to do something than is illegal for n notary in C'alilbrnia (le. certiJi'ing the authorized capital° of the signerd. Please cheek the _ document carelidly.f proper notarial hording and attach this farm ifreryuired. (Title or description of attached document continued) • State and County information must be the State and County what the document Number of Pages 9_ Document Date i'> 0 signer(s) personally appeared before the nanny public for acknowledgment. • Date of notarization must be the date That the signer(s) personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your tine (notary public). —. • Print the names) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plund forms by crossing off incon'eel forms (i.e. ke /she /tLzy, is /aye ) or circling the coned forms. Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover Text or lines. If seal impression smudges, re -seal if it ('title) sufficient area permits, otherwise complete a different acknowledgment form. • Signature of Me notary public must match the signature on file with the office of l.: Partner(s) th County clerk. ❑ Attorney -in -Fact c• Additional information is 1101 required but could help 10 ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. . ❑ Other de Indicate title or type of attached document, number apses and dale, • • Indinne the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CFO, CPO, Secrelny). • Securely attach this doc 10 the signed document - ........ ...... •n ,., nfl 0I\I. U'1] 1141,[ Tl..,nv..!`tn.- on:.n.x EXHIBIT "A" 1. Taxes for the year 2010 not yet due or payable. 2. Reservations and exceptions as set forth in the Deed from the City of Aspen of record 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 ". 3. Terms, conditions and obligations of an agreement between the City of Aspen and Aspen Properties Company relating to the use of the alley of Block 101, City and Townsite of Aspen, recorded December 5, 1968 in Book 237 at Page 914 . 4. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration for Aspen Square Condominiums recorded December 20, 1968 in Book 238 at Page 249, deleting therefrom any restrictions indicating preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 5. Terms, conditions, provisions and obligations as set forth in Affidavit recorded October 7, 1977 in Book 336 at Page 197. 6. Easements, rights of way and all matters as disclosed on Plat of subject property recorded December 20, 1968 in Plat Book 3 at Page 365. 7. Terms, conditions, provisions and obligations as set forth in Grant of Easement recorded June 19, 2009 as Reception No. 560078, RECEIVED ATTACHMENT AUG 03 2010 • DIMENSIONAL REQUIREMENTS FORM CITY OF ASPEN ..r r �� Project: J-oVc OVp}fih l ►9SPCN ' ? attNIVOM Applicant: S)the.p.ri �r i1= FA(�t STW' Kee - R &OWtu /CFI ( Location: (all £ify OnoPr.R. 1411 , ACPP■. !'0 gtlol1 Zone District: CL. &r»mr.Lc1At_ JAt'4r; Lot Size: Lot Area: (for the purposes of calculating Floor Area, Lot Area may be reduced for areas within the high water mark, easements, and steep slopes. Please refer to the definition of Lot Area in the Municipal Code.) Commercial net leasable: Existing: 6 Proposed: 1 gi Number of residential units: Existing :__Proposed: Number of bedrooms: Existing: ,:g Proposed: S Proposed % of demolition (Historic properties only): NeT: 1,49 Sai FT net L,L4004 5a FT p.mr: l4P4 GAR ET DIMENSIONS: (olet{ts Fr c W� CA FT SS: � � "' 1,44 l SQ FT Floor Area: Existing: 4 Allowable: Proposed: Principal bldg. height: Existing: Art4— Allowable: Proposed: Access. bldg. height: Existing: N!q Allowable: Proposed: lt.jvr- 1/444111 On - Site parking: Existi $g'' nips— Required: Proposed: % Site coverage: Existing: NPr Required: Proposed: % Open Space: Existing: NA— Required: Proposed: Front Setback: Existing: N A - Required: Proposed: Rear Setback: Existing: Nr Required: Proposed: Combined FIR: Existing: Am- Required: Proposed: Side Setback: Existing: fflt Required: Proposed: Side Setback: Existing: fir Required: Proposed: Combined Sides: Existing: Me' Required: Proposed: Distance Between Existing //$ Required: Proposed: Buildings Existing non - conformities or encroachments:_L Variations requested: N fr • p CITY OF ASPEN PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Jennifer Phelan, 429.2759 DATE: 5.18.10 PROJECT: Combining of Units 125 & 126, Aspen Square Condominiums APPLICANT: Sarah DeStefano, Stryker Brown Architects DESCRIPTION: The Applicant is pursuing to combine two units in the Aspen Square building. The subject property was developed in the late sixties and is zoned Commercial Lodge (CL). Just like other residential/lodging projects of that era such as the Gant and the Aspen Alps, this property can be considered residential Multi- family with the ability to short term rent the individual units. Presently, a residential unit does not have a cap on the occupancy period of these units if rented; however there are limitations in the maximum allowable size and the combining of residential multi - family units. Currently, the Commercial Lodge (CL) zone district permits a maximum multi- family residential unit size of 1,500 sq. ft. of net livable area (L.U.C. Section 26.104.100, Definitions) unless a Historic Transferable Development Right is purchased. Additionally, the combining of multi- family residential units is subject to the growth management review: Demolition or redevelopment of multi - family housing (L.U.C. Section 26.470.070. 5) and affordable housing mitigation unless the proposal is exempt from the growth management review under a number of allowed exemptions. It appears that the Applicant believes the following exemption is applicable: "The demolition, combining, conversion, replacement, or redevelopment of Multi- family Housing Units which have been used exclusively as tourist accommodations or by non - working residents. The Community Development Director may require occupancy records, leases, affidavits, or other documentation to the satisfaction of the Director to demonstrate the units(s) has never housed a working resident. All other requirements of this title shall still apply including zoning, growth management, and building codes." The Applicant will need to submit a land use application with appropriate documentation showing that the above - referenced exemption is met. Land Use Code http: //www.asoenpitkin.com/ Departments /Community- Development/Plann inq- and -Zon ina/Titie-26- Land -Use- Code/ Land Use Application http: //www.aspenpitkin.com/Portals /0 /docs /City /Comdev/ Apps %20and %20Fees/landuseappform.pdf Land Use Code Section(s) 26.304 Common Development Review Procedures 26.470.070 (5) Demolition or redevelopment of multi - family housing 26.710.200 Commercial Lodge zone ditrict Review by: - Staff for complete application - Case planner for determiniation Public Hearing: Not required Copies of Application: 2 Copies Includes appropriate drawing for board review (HPC = 12; PZ = 10; CC = 7; Referral Agencies = 1 /ea.; Planning Staff = 2), Planning Fees: $735 (This includes three hours of staff review time. Additional planning hours over deposit amount are billed at a rate of $245 /hour) Total Deposit: $735 To apply, submit the following information: 1. Total deposit for review of the application. 2. Proof of ownership. 3. Completed Land Use Application Form. 4. A signed fee agreement. 5. A Pre - Application Conference Summary. 6. A letter signed by the applicant, with the applicant's name, address and telephone number in a letter signed by the applicant, which states the name, address and telephone number of the representative authorized to act on behalf of the applicant. 7. Street address and legal description of the parcel on which development is proposed to occur, consisting of a current certificate from a title insurance company, 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. 8. An 8 1/2" by 11" vicinity map locating the parcel within the City of Aspen. 9. A written description of the proposal and an explanation in written, graphic, or model form of how the proposal complies with the review standards relevant to the development application. Please include existing conditions as well as proposed. Please provide a written response to all applicable criteria. 10. 2 Copies of the complete application packet and maps. 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. Jona I- Ioldings Inc. ) c/o Brookfield Place, TD Canada Trust Tower �w� 161 Bay Street, Suite 3140 Toronto, Ontario M5J 2S1 Canada • (416) 842 -1751 July 27, 2010 City of Aspen Community Development Department Dear Sir /Madam: Re: Combining of Units 125 and 126 Aspen Square Condominiums This letter serves as notice that Stryker Brown Architects, 119 South Spring Street, Aspen, CO 91611 (970 - 925 -2100) is authorized to act on behalf of Jona holdings Inc. with respect to the above referenced project. Please do not hesitate to contact me should you have any questions. Yours truly, JVNA HOLDINGS INC. ( ; i Jou Love President c.c. Sarah De Stefano, Stryker Brown Architects JOSEPH A. KOWAR ATTORNEY AND COUNSELOR AT LAW Tel (970) 927 -2407 461 ORIGINAL ROAD Fax (970) 927 -2408 BASALT, COLORADO 81621 joe@kowar.com August 2, 2010 Aspen Community Development Director Aspen, CO 81611 Re: Application to Combine Units 125 and 126 Aspen Square Condominiums Dear Director: This letter is intended to serve as confirmation of the ownership of two units in the Aspen Square Condominiums, namely Units #125 and 126 are both owned by Jona Holdings, Inc. Attached is the title policy for Unit 125 and the title commitment for Unit 126 as the closing on that unit occurred on July 15, 2010 and Pitkin Title has not issued the final policy as of today. If you have any further questions, please do not hesitate to contact us directly. Very truly yours, Joseph Kowar Enclosures cc: Jona Holdings, Inc. ALTA Commitment For Title Insurance i Ir Lawyers Title TM INSURANCE CORPORATION AUTHORIZED AGENT: PITKIN COUNTY TITLE, INC. 601 E. HOPKINS AVE. 3R ASPEN, COLORADO 81611 970 - 925 - 1766 -PHONE 970 - 925 - 6527 -FAX 877 - 217 - 3158 -TOLL FREE E -MAIL ADDRESS: TITLE MATTERS: CLOSING MATTERS: TJ Davis - (tjd @sopris.net) Tom Twitchell - (tomt @sopris.net) Joy Higens - (joy @sopris.net) Brandi Jepson - (brandi @sopris.net) - Closing & Title Assistance Issued By 0 Lawyers g Title Home Office: 5600 Cox Road Glen Allen, Va. 23060 B 1004-268 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: June 4, 2010 at 8:00 AM Case No. PCT22791L3 2. Policy or Policies to be issued: (a) ALTA Owner's Policy- (6/17/06) Amount$ 1,700,000.00 Premium$ 3,585.00 Proposed Insured: Rate: Standard JONA HOLDINGS INC. (b) ALTA Loan Policy- (6/17/06) Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: (c) ALTA Loan Policy- (6/17/06) Amount$ Premium$ Proposed Insured: Rate: 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: JANI JENNIFER POINDEXTER, TRUSTEE OF JANI JENNIFER'S TRUST U/A DATED SEPTEMBER 1, 2009 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: CONDOMINIUM UNIT 26, AS SHOWN ON THE CONDOMINIUM MAP FOR ASPEN SQUARE CONDOMINIUM, appearing in the records of the County Clerk and Recorder of Pitkin County, recorded December 20, 1968 in Plat Book 3 at Page 365 as Reception No. 133472, and as defined and described in Affidavit recorded October 7, 1977 in Book 336 at Page 197, and as defined and described in that Declaration Aspen Square Condominium, recorded in Book 238 at Page 249 as Reception No. 133471. PITKIN COUNTY TITLE, INC. Schedule A -PG.1 601 E. HOPKINS, ASPEN, CO. 81611 This Commitment is invalid 970 - 925 -1766 Phone /970- 925 -6527 Fax unless the Insuring 877- 217 -3158 Toll Free Provisions and Schedules A and B are attached. AUTHORIZED AGENT Countersigned: SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to -wit: 1. Disposition of Lis Pendens, pursuant to Colorado Rule of Civil Procedure 105(f), by court determination, disclaimer by all parties, final judgement or certificate of dismissal issued by the Clerk of the Court, in Civil Action No. GP014937, in the Superior Court of California Court of Los Angeles County, entitled Susan Supple VS Jani Jennifer Poindexter, et al, defendant. Notice of Lis Pendens was recorded May 12, 2010 as Reception No. 569251. 2. Delivery to the Company of an executed copy of the Trust Agreement for JANI JENNIFER'S TRUST U/A DATED SEPTEMBER 1, 2009 for inspection and approval prior to issuing any policies. Subject to any additional requirements deemed necessary by the Company upon review of said Trust Agreement. 3. Duly executed Statement of Authority for JANI JENNIFER'S TRUST U /A/ DATED SEPTEMBER 1, 2009, a trust, disclosing the name of the trust, and the names and addresses of the trustees empowered to act pursuant to CRS 38 -30- 108.5. 4. Duly acknowledged certificate of the authorized Managing Agent or Board of Directors of Aspen Square certifying that there are no assessments for common expenses which remain unpaid or otherwise constitute a lien on the subject property. 5. Duly acknowledged certificate of the Managing Agent or Board of Directors of Aspen Square certifying that proper notice of sale of the subject property was given and that the remaining owners of said Association did not elect to exercise their option to purchase pursuant to the Right of First Refusal as set forth in the Condominium Declaration. 6. Duly executed and acknowledged Deed, From : JANI JENNIFER POINDEXTER, TRUSTEE OF JANI JENNIFER'S TRUST U/A DATED SEPTEMBER 1, 2009 To : JONA HOLDINGS INC. 7. Evidence satisfactory to the Company that the Real Estate Transfer Tax as established by Ordinance No. 20 (Series of 1979) and Ordinance No. 13 (Series of 1990) has been paid or exempted. 8. Certificate of nonforeign status executed by the transferor(s). (This instrument is not required to be recorded) (Continued) SCHEDULE B - SECTION 1 REQUIREMENTS - Continued 9. Completion of Form DR 1083 regarding the withholding of Colorado Tax on the sale by certain persons, corporations and firms selling Real Property in the State of Colorado. (This instrument is not required to be recorded) 10. Evidence satisfactory to the Company that the Declaration of Sale, Notice to County Assessor as required by H.B. 1288 has been complied with. (This instrument is not required to be recorded, but must be delivered to and retained by the Assessors Office in the County in which the property is situated) SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Reservations and exceptions as set forth in the Deed from the City of Aspen of record 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 ". 8. Terms, conditions and obligations of an agreement between the City of Aspen and Aspen Properties Company relating to the use of the alley of Block 101, City and Townsite of Aspen, recorded December 5, 1968 in Book 237 at Page 914. 9. Terms, conditions, provisions, obligations, easements, restrictions and assessments as set forth in the Condominium Declaration for Aspen Square Condominiums recorded December 20, 1968 in Book 238 at Page 249, deleting therefrom any restrictions indicating preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status or national origin. 10. Terms, conditions, provisions and obligations as set forth in Affidavit recorded October 7, 1977 in Book 336 at Page 197. 11. Easements, rights of way and all matters as disclosed on Plat of subject property recorded December 20, 1968 in Plat Book 3 at Page 365. 12. Terms, conditions, provisions and obligations as set forth in Grant of Easement recorded June 19, 2009 as Reception No. 560078. ENDORSEMENT SCHEDULE FOR OWNERS POLICY ATTACHED TO AND BECOMING A PART OF CASE NO: PCT22791 L3 SELLER: JANI JENNIFER POINDEXTER, TRUSTEE OF JANI JENNIFER'S TRUST U/A DATED SEPTEMBER 1, 2009 BUYER: JONA HOLDINGS INC. The following endorsements will be issued in connection with the Policy to be issued hereunder as referenced above: ENDORSEMENTS: For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ For a fee of: $ Exceptions Numbered 1, 2, 3 and 4 will be deleted from the final Title Policy, upon compliance with the requirements set forth below. Exception Number 5 is automatically deleted upon recordation of the documents called for on the requirement page of this commitment. THE FEE FOR DELETING EXCEPTIONS 1 THRU 4 OR ANY PREPRINTED EXCEPTION IS: $50.00 Exception Number 6 will be amended to read: Taxes for the current year not yet due or payable, upon evidence satisfactory that the Taxes for the prior year(s) have been paid. NOTE: A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanic's and materialmens liens, executed by the seller and any additional parties deemed necessary by the Company. The company hereby reserves the right to make additional requirements as may be deemed necessary in the event additional facts regarding development, construction or other building or work are disclosed to the company that may fall within any lien period as defined in the Statues of the State of Colorado, and may result in additional premiums and /or fees for such coverage. NOTE: A current survey, certified by a Registered Colorado Land Surveyor must be delivered to, approved and retained by the Company for Deletion of Printed Exception No. 3. (NOT REQUIRED FOR CONDOMINIUM OR TOWNHOME UNITS) ADDITIONAL INFORMATION AND DISCLOSURES The Owner's Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Deed of Trust, if any, required under Schedule B- Section 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89 - 2 NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominium or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and /or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre - printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage ". Pursuant to Senate Bill 91 - 14 (CRS 10 - 11 - 122) (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate or other appropriate research will be ordered from the County Treasurer /Assessor by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. Pursuant to House Bill 01 - 1088 (CRS 10 - 11 - 123) If Schedule B of your commitment for an Owner's Title Policy reflects an exception for mineral interests or leases, pursuant to CRS 10 -11 -123 (HB 01- 1088), this is to advise: (a) There is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals or geothermal energy in the property and (b) That such mineral estate may include the right to enter and use the property without the surface owners' permission. NOTE: The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either the Insured or the Company. Upon request, the Company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. NOTICE REGARDING CONSTRUCTION FINANCING: If it is not disclosed to the company that the loan to be insured hereunder is in fact a construction loan, any coverage given under the final policy regarding mechanic or materialmen's liens shall be deemed void and of no effect. Pnn PITKIN COUNTY TITLE, INC. 601 E. HOPKINS, THIRD FLOOR ASPEN, CO 81611 970 - 925 - 1766/970- 925 -6527 FAX TOLL FREE 877 - 217 -3158 WIRING INSTRUCTIONS FOR ALL TRANSACTIONS REGARDING THE CLOSING OF THIS FILE ARE AS FOLLOWS: ALPINE BANK -ASPEN 600 E. HOPKINS AVE. ASPEN, CO. 81611 ABA ROUTING NO. 102103407 FOR CREDIT TO: PITKIN COUNTY TITLE, INC., ESCROW ACCOUNT ACCOUNT NO. 2021009062 REFERENCE:PCT22791L3 /JONA HOLDINGS INC. Pitkin County Title, Inc. Privacy Policy We collect nonpublic information about you from the following sources: • Information we receive from you, such as your name, address, telephone number, or social security number; • Information about your transactions with us, our affiliates, or others. We receive this information from your lender, attorney, real estate broker, etc.; and Information from public records We do not disclose any nonpublic personal information about our customers or former customers to anyone, except as permitted by law. We restrict access to nonpublic personal information about you to those employees who need to know that information to provide the products or services requested by you or your lender. We maintain physical, electronic, and procedural safeguards that company with appropriate federal and state regulations. Effective Date: 5/1/2008 Fidelity National Financial, Inc. Privacy Statement Fidelity National Financial, Inc. and its subsidiaries ( "FNF ") respect the privacy and security of your non - public personal information ( "Personal Information ") and protecting your Personal Information is one of our top priorities. This Privacy Statement explains FNF's privacy practices, including how we use the Personal Information we receive from you and from other specified sources, and to whom it may be disclosed. FNF follows the privacy practices described in this Privacy Statement and, depending on the business performed, FNF companies may share information as described herein. Personal Information Collected We may collect Personal Information about you from the following sources: • Information we receive from you on applications or other forms, such as your name, address, social security number, tax identification number, asset information, and income information; • Information we receive from you through our Internet websites, such as your name, address, email address, Internet Protocol address, the website links you used to get to our websites, and your activity while using or reviewing our websites; • Information about your transactions with or services performed by us, our affiliates, or others, such as information concerning your policy, premiums, payment history, information about your home or other real property, information from lenders and other third parties involved in such transaction, account balances, and credit card information; and • Information we receive from consumer or other reporting agencies and publicly recorded documents. Disclosure of Personal Information We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Disclosures may include, without limitation, the following: • To insurance agents, brokers, representatives, support organizations, or others to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure in connection with an insurance transaction; • To third -party contractors or service providers for the purpose of determining your eligibility for an insurance benefit or payment and /or providing you with services you have requested; • To an insurance regulatory authority, or a law enforcement or other governmental authority, in a civil action, in connection with a subpoena or a governmental investigation; • To companies that perform marketing services on our behalf or to other financial institutions with which we have joint marketing agreements and /or • To lenders, lien holders, judgment creditors, or other parties claiming an encumbrance or an interest in title whose claim or interest must be determined, settled, paid or released prior to a title or escrow closing. We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property and /or to comply with a judicial proceeding, court order or legal process. Page 1 of 2 Effective Date: 5/1/2008 Disclosure to Affiliated Companies - We are permitted by law to share your name, address and facts about your transaction with other FNF companies, such as insurance companies, agents, and other real estate service providers to provide you with services you have requested, for marketing or product development research, or to market products or services to you. We do not, however, disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent, in conformity with applicable law, unless such disclosure is otherwise permitted by law. Disclosure to Nonaffiliated Third Parties - We do not disclose Personal Information about our customers or former customers to nonaffiliated third parties, except as outlined herein or as otherwise permitted by law. Confidentiality and Security of Personal Information We restrict access to Personal Information about you to those employees who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard Personal Information. Access to Personal Information/ Requests for Correction, Amendment, or Deletion of Personal Information As required by applicable law, we will afford you the right to access your Personal Information, under certain circumstances to find out to whom your Personal Information has been disclosed, and request correction or deletion of your Personal Information. However, FNF's current policy is to maintain customers' Personal Information for no less than your state's required record retention requirements for the purpose of handling future coverage claims. For your protection, all requests made under this section must be in writing and must include your notarized signature to establish your identity. Where permitted by law, we may charge a reasonable fee to cover the costs incurred in responding to such requests. Please send requests to: Chief Privacy Officer Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, FL 32204 Changes to this Privacy Statement This Privacy Statement may be amended from time to time consistent with applicable privacy laws. When we amend this Privacy Statement, we will post a notice of such changes on our website. The effective date of this Privacy Statement, as stated above, indicates the last time this Privacy Statement was revised or materially changed. Page 2 of 2 stewart title Aspen Division 620 East Hopkins Avenue Aspen, Colorado 81611 Phone: 970- 925 -3577 Fax: 970- 925 -1384 Jona Holdings Inc Order Number. 925178 Property Address: 617 East Cooper Avenue 125 Dear Customer: Congratulations on your recent real estate purchase. Enclosed is your Owner's Title Policy. The policy premium was paid for by the Seller at the time of closing, so there are no monies due from you in this regard. Please review and retain your policy with your other valuable records. We have a permanent file regarding your property and can offer expedient and cost efficient service with your future transactions. In the event you decide to sell or refinance your property, in the future, please contact us for special discounts and faster service. You may access all your closing documents through the Internet on SureClose by visiting www.stewartcolorado.com. You may contact your local Escrow Officer for login and password information. Sincerely, Stewart Title • sr‘ rA r. ALTA Owner's Policy (6- 17 -06) POLICY OF TITLE LNSURANCE IISSUED BY steWa t �• title guaranty company Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED N SCHEDULE B AND THE CONDITIONS, STE\VART TIRE GUARANTY COMPANY, a Texas corporation. (the 'Company') insures, as of Date of Policy and to the extent stated in Covered Risks 9 and 10. after Date of Policy, against loss or damage. not exceeding the Amount of Insurance, sustained or incurred by the insured be reason of: 1. Tide being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Tide. This Covered Risk includes bur is not limited to insurance against loss from (a) A defect in the Tale caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed. sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law (v) a document executed under a falsified, expired, or otherwise invalid power of attorney (vi) a document not properly filed. recorded, or indexed in the Public Records including failure to perfoms those acts by electronic means authorized by law; or (vii) a defective judicial or adminisiradve proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) 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. The term "encroachment' includes encroachments of existing improvements located on the Land one adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit. or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character. dimensions. or location of any improvement erected on the Land: (5) the subdivision of land: or (d) en neural protection if a notice, describing any pan of the Land, is recorded in the Public Records setting forth the violation or Mtention to enforce but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 i( a notice of the enforcement action, describing any pan of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any pan of the Land, is recorded in the Public Records. 8- Any taking by a governmental body that has occurred and is binding on tie rights of a purchaser for value without Knox -0edge, Countersigned: r stewart /. °V " d ) 4/, - —title guaranty company \ 'Y senior Chairman of Board A pri zed Countelsipaue Stewart Title of Colorado, Inc. 8 ece "G`44 - 'o 1 t9 Aspen Division 0e c hairman of tea Board ' 620 East Hopkins Avenue ~ 'si"i, s Aspen, Colorado 81611 Phone: 970- 925 -3577 President Fax: 970 -925 -1384 Agent ID: 0601IA Serial No.: 0- 9301 - 1481970 ALTA OWNER'S POLICY 6 -17 -06 Ifyou wan information about oveng nested aaxiemrce to resolve complaints, please an our oll free numbest I- 800429-1902. If you nuke a claim under your policy. you must furnish written nue=inaccondunce with Section l of (Inc Conditions. Visit our Word -Wide Web site a wwwstewan.cma L" n J free Ak. COVERED RISKS (Continued) 9. Tide being vested other than as stated in Schedule A or being defective (i) to be lively, or (a) as a reside of the avoidance m whole or in part, or from a court order (ii) to impart notice of its existence to a purchaser for value of to a providing an alternative remedy. of a transfer of all a any part of the tide to judgment or lien creditor. or any interest in the land occurring prior to the transaction vesting Title 10. Any defect in or lien or encumbrance on the Title or other matter included in as shown in Schedule A because that prior transfer constituted a fraudulent Covered Risks 1 through 9 that hoe been created or attached or has been filed or or preferential transfer under federal bankruptcy, state insolvency, or a corded in the Public Records subsequent to Dam of Policy and prior to the similar ereditors'rigMS laws: or recording of NC deed or other instrument of transfer in the Public Records that (b) because the instrument of transfer vesting Title as shown in Schedule A vests Title as shown in Schedule A. constitutes a preferential transfer under federal bankruptcy. state The Company will also pay the costs, attorneys' fem. and expenses incurred in defense insolvency. or similar creditors' rights laws by mason of the failure of its of any matter insured against by this Policy. but only to the extent provided in the recording in the Public Records Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the (b) not Known to t Company, not recorded in the Public Records at Date of Company will not pay loss or damage. costs, attorneys' fees, or expenses that arise by Policy, but Known to t Insured Claimant and net disclosed in writing to reason of. the Company by the Insured Claimant prior to the dam the Insured I. (a) Any law. ordinance. permit, or governmental regulation (including those Claimant became an Insured under this policy, relating to building and coning) restricting, regulating, prohibiting, or relating to (e) resulting in no loss or damage to the Insured Claimant; (i) the occupancy. use, or enjoyment of the Land: (4) attaching or crated subsequent to Date of Policy (however. this does not (ii) the character. dimensions. or location of any improvement erected on modify or limit the coverage provided under Covered Risk 9 and 10): or the Lsnd: (e) resulting in loss or damage that would not have been sustained if the (iii) the subdivision ofiend: or Insured Claimant had paid value for the Tide. (iv) environmental protection; 4. Any claim, by reason of the operation of federal bankruptcy. state insolvency. or or the effect of any violation of these laws, ordinances, or governmental regulations. similar creditors rights laws, that the transaction vesting the Title as shown in This Exclusion 1(a) does not modify or limit the coverage provided under Covered Schedule A, is Risk S. (a) a fraudulent conveyance or fraudulent transfer: or (b) Any governmental police power. This Exclusion 1(b) does not modify or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this limit the coverage provided under Covered Risk 6. policy. 2. 2. Rights of eminent domain. This Exclusion does not modify or limit the 5. Any lien on rbe Tide for real estate taxes or assessments imposed by awerage provided under Covered Risk 2 of 8. governmental authashy and created or attaching between Date of Policy and the 3. Defects, liens, encumbrances, adverse claims, or other matters date of recording of the deed or other instrument of transfer in the Public Accords (a) created, suffered. assumed, or agreed to by the Insured Claimant that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS (ii) With regard to (A). (B). (C). and (D) reserving. however, a0 The following terms when used in this policy man: rights and defenses as to any successor that the Company would (a) "Amount of Insurance': The amount stated in Schedulc A. as may be have had against any predecessor Insured. increased or decreased by endorsement to this policy. increased by (e) "Insured Claimant": An Insured claiming loss or damage. Section 8(b), 05 decreased by Sections 10 and 11 of these Conditions. (0 'Knowledge" or 'Known": Actual knowledge, not constructive (b) "Date of Policy ": The date designated as "Dam of Policy" in Schedule knowledge or notice that may be imputed to an Insured by reason of A. the Public Records or any other weds that impart constructive notice (C) "Entity": A corporation. pannership. trust. limited liability company. of matters affecting the Tale. or other similar legal entity. (g) "land ": The land described in Schedule A. and affixed improvements (4) " Insured ": The Insured named in Schedule A. that by law constitute real progeny. The term "land" does not include (i) The term 'Insured" also includes any progeny beyond she lines of the ara described in Schedule A, nor (A) s sors m the Title of the Insured by operation of law any right title, interest, estate, or easement in abutting streets. roads. as distinguished from purchase. including heirs, devisees. es alley but s, lanes. ways. or waterways. buhis does not modify or rvivors, personal representatives, or next of kin; limit the extent that a right of access to and from the Land is insured (B) successors to an Insured by dissolution. merger. by this policy. consolidation. distribution, or reorganization; OW "Mortgage ": Mortgage, decd of trust trust dec& or ocher security (C) successors to an Insured by its conversion to another kind instrument, including one evidenced by electronic means authorized of Entity, bylaw. (D) a grantee of an Insured under a deed delivered without (O 'Public Records ": Records established under state statutes at Date of payment of actual valuable consideration conveying the Tide Policy for the purpose of imparting constructive n of maters (1) if 'Inc stock, shares. memberships, or other equity relating to real property to purchasers for valor s and without interests of the grantee are wholly -owned by the named Knowledge. With respect m Covered Risk 5(4), 'Public Records' Insured, shall also include environmental protection liens filed in the records of (2) if the grantee wholly owns the named Insured. the clerk of the linked States District Court for the district where the (3) if the grantee is wholly-owned by an affiliated Entity Land is located. of the named Insured. provided the affiliated Entity and (i) " Title ": The estate or interest described fn Schedule A. Me named Insured are both wholly-owned by the sane (k) 'Unmarketable Title': Title affected by an alleged or apparent matter person or Entity. or that would permit a prospective purchaser or lessee of the Title or (4) if the grantee is a trustee or beneficiary of a trust lender on the Title to be released from the obligation to purchase. created by a written instrument established by the Insured (case, or lend if there is a contractual condition requiring the delivery named in Schedule A for estate planning purposes. of marketable title. or ite CONDITIONS (Continued) 2. CONTINUATION OF INSURANCE Whenever requested by the Company. the Insured, at the Company's The coverage of this policy shall continue in force as of Date of Policy in expense. shall give the Company all reasonable aid (i) In ring favor of an Insured. but only n long as the Insured retains an estate or evidence, obtaining witnesses. prosecuting or defending the anion or interesr in the land. or holds an obligation secured by a purchase money prose fling, or effecting settlement. and (ii) in any other lawful act that Mortgage given by a purchaser from the Insured. or only so long as the n the opinion of the Company may be necessary or desirable to Insured shall have liability by reason of warran6 <s in a ansfer or establish m cr e Title or y other matter as insured. If the Company is conveyance of the Title. This policy shall not continue in force In favor of prejudiced by the allure of the Insured to furnish the required any purchaser from the Insured of either (i) an estate or interest in the land, cooperation. the Company's obligations to the Insured under 'Inc policy or (11) an obligation secured by a purchase money Mortgage given to the shall terminate. including any liability or obligation to defend, Insured. prosecute. or continue liti litigation. with any oat regard to the matter or matters requiring such cooperation. ]. NOTICE OFCLAIM TO BE GIVEN BY INSURED CLAIMANT (b) The 10 man reasonably rmuadCeatv submit The Insured ell purify the Company promptly writing og (iease am Company 1 of any ad under er oath ois b a by any ny authorized .s representative d copying. op e .ht litigation h ion as set form In Section of these ani claim (11) in Company mpanyan t d produce or examinatiomion inspection, at Knowledge mil come r< Insured of any y ght cause o of dole or such izedorplc re tilm ts s te woof plas as y c ord s. in b by ver interest rcst that cn that is ch te w t pe Tid as be ured. e. n of i the of might ie loss or authorized representative of the Compann .y y, all e r on, designated annt cmMs, whawhatever nd T the Company may liable byWnuethe Ol Company is medium maintained, r include-main disks. tapes, checks, memoranda. if damage the thu insured, o rejected su Unmarketable o. Iya bearing d cepens, r Data isks.apes, and videos u yswhethe C o by s me e failure e of the Insured Claimant n m pre. ovid f p prommpt pt notice. bearing a ring a day ate before anti h of Pr by 005 reasonably y pertain td the Company's extent of to the Insured Claimant t to mater e policy snail be the loss or damage. FuMer. ' if requested by authorized reduced p d as ho 0 the euem of the prejuudice_ repasm, i de . of f the C. w Company. the Incooed surcd Claimant any shall grant let 4. PROOF OF LOSS permission, any authorized representative of the Cooat ny o t mi ne . ; inspect. to n y trey and ll records in for In the .vent the Company at to determine r as the amount of loss or custody d or ll information t of of a 0f a third pthat agnabl these pertain to the ass or damage. the Company may. at t its option, require as a h of payment o pan as co an t eh ci the Insured that the tri baimimant furnish a signed proof proof f of of loss ss Cl Claimanan AO t o m presided the e Comompany y pursuant an e c to o this Section shall or n rio udbe Cl Cl the defect, encumbrance, other matter agndnshrcdaa be disclosed sed w others unless, by this in the reasonable judgment Failure the policy ssat n constitutes the basis r of nt of to Ions s or or d00. amage and shall slo to Company. it is i i m assar in the the re she administration e of unel o a t F p rodu cf the Went possible. o the the basis t he azis of celculnhing the c amount of me loss es t. to or the In Claimant t to tic submit for examination e rdo vent secur damage. m re sure y reasonably nee in mom, or d permission secure on to reasonably necessuary ary information bn fr Goo third grant Permo' panics as required in hl 5. DEFENSE AND PROSECUTION OF ACTIONS a unless liabiliny the ation of iR by o a governmental t is policy 0i as s to that It l (a) Upon written n request me Insured, a subject to the options claminam any liability of the Comm pany under this policy to that contained in Section 7 of the o of able Conditions. y. s wb bseinao the omra at a of claim. cost and s i unreasonable delay. third and C ire party for the the defeense e of Insured in 11 litigation liti ocyn which any ing sso a claim 7. TERNS TO PAY OR OTHERWISE SETTLE CLAIMS; covered limited by thipolicy fha Insured. d This n ngai0n is TERMINATION OF LIABILITY li against b only those e policy d causes m ses of actiooalleging th minas insured d ad o a o claim under this pot m policy. the Company shall have e following by this pole(. The Company shall have v the di object select additional options: counsel its seto choice e ve to the surd oof the Insured to cse To l a for (a) To Pay Tendon Payment of the Amount this npo. To pay or reasonable ble le hale) m represent a w as f causes e r the a Amount [ender payment of o unt or e nee under u r policy action. h shall not be liable c (oc for and d will ill e not pas ay the st the fees o of any elver with any ma rip and incurred Insured counse by t Company the not pay any fees, vests, expenses Claimant that r were ee authorized the expenses Cam i by the Company up p to the together the time of inclined he t insured in thre e yn of those causes of f anion ion that pay.n< or tender payment by the and that the Company i obligated to allege y not lared agaigst h, b this do t U and. gun the exercise C Company of un r i s n MI liability The (b) Company 7 shall h havetheit ion .nadditidihion m the o i s n<onuianl and oaiertSpany [ Insured ctior,hatpopry,other in r Section of mesa c at i6 oat yon, , m institute and than di o maim the the the payment in 0 this subsection, m all l prosecute any nn proceeding a p g to do any other act i that , as including any liability or omnm required or obligation m ocfentl. prosecute, or continue be necessanecessary ar pr opinion may be necessary or desirable to establish Title, any y nma or to prevent reduce loss or damage t the Insured. o the The The (b) With Pay Panics Other Settle With Panics Tnan the Insured Company ay take any appropriate acti on n teeno under the hums of this o Insured Clai mant. policy. whether shall or n not it shall ll liable to the Insured. The f aoy (i) iJ T o pay ns rd Cinia cdmei nn rids age inthenams these o f shall an adoi iny x iic err waiver ver o any of Insured la d Claimaant claim insured c ost under provision itioof1 atic s. B admission l eCompany exercises its under hs rigM1[sur [his policy. addition. the Company by awiurae any ny w th this subsection, t it must and eye incurred ny by the one tined pa that at e were (c) Whenever m C e Company ury diligently. rid policy. an fees. ashen o asserts a defense a authorized al Co up the a n time of payment ymem and that requited or permitted ed by oy [he Company may pursue m the s C a m In pa Insured e in obligated to a iay:nd it ex re a final ent gs b a court of competent tapel jurisdiction. (ii7 To pay pay or y mh t oraAdsvifiso for mule with the Insured w ttaelasso, and it r resents me right. in a n its sole discretion, n, appeal any' attorney s open in policy. y, tygethms sure h any costs, adverse jodonoudamcm d order. attorneys' ' fees, and expenses incurred by the ensued Claimant that were were authorized toe Compamdtoyap m the time of paymen 6. DUTY INSURED CLAIMANT TO COOPERATE and moocithe ti et Cs, M ompanyy of it pay. all l where this policy o a requires the Company to for00 the exercise by the Company the s mpanpony of comer of the options provided pr alpas or provide red t he defense of f any 000m0 p proceeding I and for in subsections polic or (h), the Company's obligations to he 305 o the any appeals, als, th me e Inured shall il reethe cuse m Co the Company the ry me rigid ght a Insured d n policy for the claimed loss or damage, other than prosecute provide ptio tae acon i spr see he l payments this required m be made shall oc in e, including any r a right to use. at I mis its option, n. defense ore the nanx t o or f the Insured for at ohis puryose. liability or e a bility obligation [o defend, prosecutcon onhinu l e any litigation. na tin CONDITIONS (Continued) 8. DETERMINATION AND EXTENT OFLLABDITY Insured Claimant. the Company shall defer the exercise of its right to This policy is a contract of indemnity against actual monetary loss or recover until after the Insured Claimant shall have recovered its loss. damage sustained or incuned by the Insured Claimant who has suffered loss (b) The Company's right of subrogation includes the rights of the Insured or damage by reason of matters insured against by this policy, to indemnities. guaranties. other policies of In or bonds, (a) The extent of liability of the Company for lass or damage wider this notwithstanding any t conditions coma ved in those policy shall not exceed the lesser of instruments that address subrogation rights. (1) the Amount of Insurance: or (ii) the difference between the value of the Title as insured and the 16. ARBITRATION value of the Title subject m the risk insured against by this Either the Company or the insured may demand that the claim or policy. controversy shall be submitted to arbitration pursuant lo the Title Insurance (b) If the Company pursues its rights under Section 5 of these Conditions Arbitration Rules of the American Land Title Association ( "Rules "). Except and is unsuccessful in establishing the Title, as insured. as pt ovided in the Rules, there shall be no joinder or consolidation with (i) the Amount of Insurance shall be increased by 1055. and claims or controversies of other persons. Arbitrable matters may include. (11) the Insured Claimant shall have the right 10 have the Its or but are not limited to. any controversy or claim between the Company and damage determined either as of the date the claim was made by the Insured arising out of or relating to this policy. any service in connection the Insured Claimant or as of the date it 3 settled and paid with its issuanm or the breach of a policy provision, or to any other (c) In addition m the extent of liability under (a) and (b). the Company controversy or claim arising 051 of the transaction pjving rise to this policy. will also pay those costs. attorney] Res, and expenses incurred in All arbitrable matters when the Amount of Insurance is S2.000.000 or less accordance with Sections 5 and 7 of these Conditions. shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of 52,000.000 9. LIMITATION OF LIABILITY shall be arbitrated only when agreed 10 by bosh the Company and the (a) if the Company establishes the Tide. or removes the alleged defect Insured. Arbitration pursuant in this policy and under the Rules shall be lien. « encumbrance. or cures the lack of a right of access to or from binding upon the parties. Judgment upon the award rendered by the the land. or cures the claim of Unmarketable Title. all as insured. in a Arbilnt«(a) may be entered in any court of competent jurisdiction. reasonably diligent manner by any method. including litigation and the compklion of any appeals. it shall have fully performed its obligations 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE with respect to that matter and shall not be liable for any loss or CONTRACT damage caused to the Insured. (a) This policy together with all endorsements. if any, attached le it by the (b) In the event of any litigation. including litigation by the Company or Company is the entire policy and conuatt between the Insured and the with the Company's consent. the Company shall have no liability for Company. In interpreting any provision of this policy. this policy shell loss or damage until there has been a final determination by a court of be construed as a whole, competent jurisdiction. and disposition of an appeals, adverse to the (b) Any claim of loss or damage tsar arises out of the status of the Tide or Tire. as insured, by any action asserting such claim shall he restricted to this policy. (c) The Company shall not be liable for loss or damage to the Insured for (c) Any amendment of or endorsement to this policy must be in writing liability voluntarily assumed by the Insured in settling any claim or and authenticated by an authorized person. or exprtssly ineaporated suit without the prior written consent of the Company. by Schedule A of this policy. (d) Each endorsement m this policy issued at any time is made a pan of 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION this policy and is subject to all of its terms and provisions Except as OF LIABILITY tyre endorsement expressly stares. it dot not (i) modify any of the All payments under this policy. except payments made for costs attorneys' MOMS and provisions of the policy, (ii) modify any prior endorsement. fees. and expenses, shall reduce the Amount of Insurance by the amount of (iii) extend the Dam of Policy, or (k) increase the Amount of the payment. insurance. 11. LIABILITY NONCUMULATIVE 16. SEVERABILITY The Amount of Insurance stall be reduced by any amount the Company In the event any provision of this policy, in whole or in part. is held invalid pays under any policy insudng a Mongage to which exception is taken in nenforceable under applicable law, the policy shall be deemed not to Schedule B or to which the insured has agreed. assumed. or taken subject. or include that provision or such pan held to be invalid but all other provisions which is executed by an Insured after Dale of Polity and which is a charge shall remain in full force and effect, or lien on the Tonle. and the ampunt so paid shall be deemed a payment m the Insured under this policy. 17. CHOICE OF LAW; FORUM 12. PAYMENT OF LOSS (a) Choice of law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the When liability and the extent of bons or damage have been definitely fixed in premium charged therefore in reliance upon the law affecting interests accordance with these Conditions, the payment shall be made within 30 in real property and applicable to the interpretation. rights, remedies. days. or enforcement of policies of title insurance of the jurisdiction where the Land is located, 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT Therefore. the court or an arbitrator shall apply the law of the (a) Whenever the Company shall have seuled and paid a claim under this jurisdiction where the Land is located to determine the validity of policy. it shall be subrogated and entitled to the rights of the Insured claims against the Title that are adverse to the Insured and to interpret Claimant in the Title and all other rights and remedies in respect to the and enforce the terms of this policy. In neither case shall the omit or claim that he Insured Claimant has against any person or property, to arbitrator apply its conflicts of law principles m determine the the extent of the amount of any loss, costs. attorneys fees. and applicable law. expenses paid by the Company. If requested by the Company, the (e) Choice of Pom o: Any litigation or other proceeding brought by the Insured Claimant shall execute documents to evidence the transfer to Insured against the Company must be filed only in a slam or federal the Company of these rights and remedies. The Insured Claimant court within the United Stares of America or its tenilories having shall permit the Company to sue, compromise. or settle in the name of appropriate jurisdiction. the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a 18. NOTICES, WHERE SENT payment on account of a claim does not fully cover the loss of the Any notice of el:am and any other notice or statement in wining required to be given to the Company under this policy must be given to the Company at Claim Dttenmem at P.O. Box 9329 Houston, TX 77212-2029. ALTA OWNER'S POLICY (6/17/06) SCHEDULE A Name and Address of Title Insurance Company: Stewart Title Guaranty Company P.O. Box 2029 Houston, Texas 77252 -2029 Prepared by: Colorado Regional Production Center Title Officer: Linda Williams Order Number: 925178 Policy Number: 0 -9301- 1481970 Date of Policy: March 30, 2010 at 4:30 PM (o the tic of recording °fax inrueAJCed, whichever is Tutu) Amount of Insurance: $840,000.00 Premium: $1,443.00 "Address Reference: 617 East Cooper Avenue 125 Aspen, Colorado 81611 1. Name of Insured: Jona Holdings Inc 2. The estate or interest in the land that is insured by this Policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: Jona Holdings Inc 4. The land referred to in this policy is described as follows: Condominium Unit 25, ASPEN SQUARE CONDOMINIUM, according to the Condominium Map thereof recorded December 20, 1968 in Plat Book 3 at Page 365 as Reception No. 133472, and as defined and described in Affidavit recorded October 7, 1977 in Book 336 at Page 197 as Reception No. 198029, and as defined and described in that Declaration -Aspen Square Condominium, appearing in such records in Book 238 at Page 249 as Reception No. 133471. COUNTY OF PITKIN, STATE OF COLORADO °FOR COMPANY REFERENCE PURPOSE ONLY. NOT AN INSURING PROVISION �y ALTA Owner's Policy— Schedule A stewar• Page 1 of 1 Policy Typist: tv ALTA OWNER'S POLICY (6/17/06) SCHEDULES Exceptions From Coverage Order Number: 925178 Policy Number: 0 - 9301 - 1481970 This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: 1. Rights or claims of parties in possession, not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. 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 not shown by the public records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Unpatented mining claims, reservations or exceptions in patents, or in acts authorizing the issuance thereof. 6. Water rights, claims or title to water. 7. All taxes for 2010 and subsequent years, which are a lien not yet payable. 8. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area. 9. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for the City and Townsite of Aspen recorded March 1, 1897 in Book 139 at Page 216 as Reception No- 60156. 10. Agreement between the City of Aspen and Aspen Properties Company recorded December 5, 1968 in Book 237 at Pace 914. 11. Condominium Declaration for Aspen Square Condominium recorded December 20, 1968 in Book 238 at Page 249 as Reception No. 133471. 12. Easements, rights of way and other matters as shown and contained on Condominium Plat of Aspen Square Condominiums recorded December 20, 1968 in Plat Book 3 at Page 365 as Reception No. 113472. 13. Grant of Easement to Comcast of Colorado/Florida Inc. recorded July 19, 2009 as Reception No. 560079. 4 ALTA Owner's Policy Schedule 9 -I Estewarts Page 1 of 1 m uw...rr �.wa r • ' • ENDORSEMENT ATTACHED TO AND MADE A PART OF POLICY OF TITLE INSURANCE SERIAL NUMBER 0-9301-1481970 Stewart. '- - - - - -- -- .title guaranty company HEREIN CALLED THE COMPANY Order Number: 925178 Charge: $150.00 The Policy is hereby amended by deleting Paragraph(s): 1 -4, inclusive, of Schedule B: This endorsement is made a part of the policy and is subject to all of the tenns and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Signed under seal for the Company, but this endorsement is to he valid only when it bears an authorized countersignature. Countersigned: ` rsj signed: / stew-art 1 /74 8(ll —V eguaranty Y company ny Senior a i a n d / A oozed Cowleaigtanae / senior ChaUman of Board syep Stewart Title °- •° o S e Board 90P d Aspen Division 620 East Hopkins Avenue - - charma�onna Board i er %'" "" Aspen, Colorado 81611 j„®��_ Phone: 970- 925 -3577 aresidenl Fax: 970- 925 -1384 Agent ID: 0601 IA Serial No. E- 9851- 3079421 Form 110.1 Deletion ofExcepdon(s) Endorsement STG Privacy Notice 1 (Rev 01/26/09) Stewart Title Companies WHAT T DO THE STEWART TITLE COMPANIES DO WITH H YOUR PERSONAL INFORS'IATION? ` Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty Company and its affiliates (the Stewart Title Companies), pursuant to Tide V of the Gramm- Leach -Bliley Act (GLBA). The types of personal information we collect and share depend on the product or service that you have sought through us. This information can include social security numbers and drivers license number. All financial companies, such as the Stewart Tide Companies, need to share customers' personal information to run their everyday business —to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share i customers personal information the reasons that we choose to share; and whether you can limit this sharing. _'.. Reasons we can share your personal information Do we share? Can you limit this sharing? For our everyday business purposes— to process your transactions and maintain your account. This may include running the business and managing customer _ Yes ', No accounts, such as processing transactions, mailing, and auditing services, and responding to court orders and legal investigations. For our marketing purposes— to offer our products and services to you. Yes No For joint marketing with other financial companies No We don't share For our affiliates' everyday business purposes— information about your transactions and experiences. Affiliates are companies related by common ownership or control. They can be financial and nonfinancial companies. Our Yes No affiliates may include companies with a Stewart nine; financial companies, such 'll, as Stewart Title Company For our affiliates' everyday business purposes— information about your creditworthiness. No We don't share For our affiliates to market to you Yes No I For non affiliates to market to you. Non - affiliates are companies not related by No We don't share { common ownership or control. They can be financial and nonfinancial companies. !. • We may disclose your personal information to our affiliates or to non - affiliates as permitted by law. If you request a transaction with a non - affiliate, such as a third party insurance company, we will disclose your personal information to that non - affi [We do not control their subsequent use of information, and suggest you refer to their privacy notices.] Sharing practices How often do the Stewart Title Companies We must notify you about our sharing practices when you request a transaction. notify me about their practices? How do the Stewart Title Companies To protect your personal information from unauthorized access and use, we use security protect my personal information? measures that comply with federal and state law. These measures include computer, file, and building safeguards. How do the Stewart Title Companies We collect your personal information, for example, when you collect my personal information? • request insurance - related services • provide such information to us We also collect your personal information from others, such as the real estate agent or lender involved in your transaction. credit reporting agencies, affiliates or other companies. What sharing can I limit? Although federal and state law give you the right to limit sharing (e.g., opt out) in certain instances, we do not share your personal information in those instances. Contact Us i If you have any questions about this privacy notice, please contact us at: Stevan Tina Guaranty Company, 1980 Pon Oak Blvd., Privacy Officer Houston. Texas 41056 Order Number: 925178 • Buyer's Final Closing Statement 325/10 3,40 PM File 925178 Stewart Title(970) 925 -3577 Buyer's Final Closing Statement Buyer(s) Jona Holdings Inc, 2100 -155 Cumberland Street, Toronto, Ontario, Canada M5R 1A2 Seiler(s) Michael Keenan, 1075 Duval St 0 -21, PMB 23B, Key West, FL 33040 Nola Keenan, 1075 Duval St C -21, PMB 238, Key West, FL 33040 Lender Property Unit 25, Aspen Square Condo, Section RFR 617 East Cooper Avenue, 125 Aspen, CO 81611 Closing date 3/30/2010 Proration date 3/30/2010 Bank USD - US Bank -State Escrow account Escrow Una 301 -Aspen Division Escrow Officer Drucilla Dorn Debit Credit Contract Sales Price 840,000.00 Deposits: Deposit ar earnest money from Jona Holdings Inc 80,000.00 Prorations: Assessments From 3/30/2010 to 10/1 /2010 © $62.89041/day 11,634,73 County taxes $3370 ML -AV From 1/1/2010 to 3/30/2010 a $9 23288/day 812.49 Title Charges: Settlement or closing fee to Stewart Ttlle 175.00 E Doc Fee to Stewart Title 500 Tax Certificiate to Stewart Title 2000 Recording Fees /Transfer Charges: Deed /Mortgage/Release to Stewart Title 24.00 State tax/stamps to Stewart Title 84.00 Real Estate Transfer Tax to City of Aspen 11 600.00 Additional Recording Fees - Statement cif Authority to Stewart Title 1200 Subtotal: 863559.73 80,812.49 Balance due from Buyer: 782,74724 Totals: 863,559.73 863,55973 THE UNDERSIGNED, by the execution hereof, hereby (i) acknowledge that they have read the above and foregoing Closing Statement, (l) acknowledge that the same is true and correct, and (iii) authorize and direct the Closing Agent to receive all amounts and disburse all amounts pursuant to the foregoing Closing Statement. It is mutually understood and agreed the taxes are estimated and in case of adjustment same will be made between the parties hereto. The Closing Agent is relieved of any responsibility with the adjustment of said taxes. air J • - - Ffoldis Inc ew) •y: d LOUe , as Mr5 / Jer1`r ,.L Stewart Title -Aspen Division Frias Properties of Aspen Drucilla Dorn Dale Hower Escrow Officer Broker Authorization DISCLOSURE Page 1 Buyer's Final Closing Statement 3/25/10 3:40 PM File 925178 The tale company, Stewart Title - Aspen Division In its capacity as escrow agent, has been authorized to receive funds and disburse them when al funds received are either: (a) available for immediate withdrawal as a matter of right from the financial institution in which the funds are deposited, or (b) are available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn. The tale company is disclosing to you that the financial Institution may provide the title company with computer accounting or auditing services, or other bank services, either directly or through a separate entity which may or may not be affiliated with the title company. This separate entity may charge the financial institution reasonable and proper compensation for these services and retain any poles there from. The title company may also receive benefits from the financial institution in the form of advantageous interest rates on loan, sometimes referred to as preferred rate loan programs, relating to loans the tele company has with the financial institution. The title company shall not be liable for any interest or other charges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any time. In the event that the parties to this transaction have agreed to have interest on earnest money deposit transferred to a fund established for the purpose of providing affordable housing to Colorado residents, then the earnest money shall remain in an account designated for such purpose, and the interest money shall be delivered to the title company at closing. Page 2 The printed portions of this four,, except differentiated additions, have been approved by the Colorado Real Estate Commission (CLS -9 -08) (Mandatory 1 -09) THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. CLOSING INSTRUCTIONS Date: March 30, 2010 1. PARTIES, PROPERTY. Michael Keenan and Nola Keenan (Seller), and Jona Holdings Inc (Buyer), engage Stewart Title - Aspen Division Closing Company, who agrees to provide closing and settlement services in connection with the Closing of the transaction for the sale and purchase of the Property known as Number: 617 East Cooper Avenue 125, Aspen, CO 81611 and more fully described in the Contract to Buy and Sell Real Estate, dated February 22, 2010 , including any counterproposals and amendments (Contract). 2. INFORMATION, PREPARATION. Closing Company is authorized to obtain any information necessary for the Closing. Closing Company agrees to prepare, deliver and record those documents (excluding legal documents) that are necessary to carry out the terrns and conditions of the Contract. 3. CLOSING FEE. Closing Company will receive a fee not to exceed $350.00 for providing these closing and settlement services. 4. RELEASE, DISBURSEMENT. Closing Company is not authorized to release any signed documents or things of value prior to receipt and disbursement of Good Funds, except as provided in §§ 8 and 9. 5. DISBURSER Closing Company shall disburse all funds, including real estate commissions, except those funds as may be separately disclosed in writing to Buyer and Seller by Closing Company or Buyer's lender on or before closing. All parties agree that no one other than the disburser can assure that payoff of loans and other disbursements will actually be made. 6. SELLER'S NET PROCEEDS. Seller will receive the net proceeds of Closing as indicated: V. j( Cashier's check, at Seller's expense '/ ( Funds electronically transferred (wire transfer) to an account specified by the Seller, at Seller's expense ` y \ ( ) Closing Company's trust account check. CLOSING STATEMENT. Closing Company will prepare and deliver an accurate, complete and detailed closing statement to Buyer and Seller at time of Closing. 8. FAILURE OF CLOSING. If Closing or disbursement does not occur on or before Closing Date set forth in the Contract, Closing Company, except as provided herein, is authorized and agrees to return all documents, monies, and things of value to the depositing party, upon which Closing Company will be relieved from any further duty, responsibility or liability in connection with these Closing Instructions. In addition, any promissory note, deed of trust or other evidence of indebtedness signed by Buyer shall be voided by Closing Company, with the originals returned to Buyer and a copy to Buyer's lender. 9. EARNEST MONEY DISPUTE. Except as otherwise provided herein, Earnest Money Holder shall release the Earnest Money as directed by written mutual instructions, signed by both Buyer and Seller. In the event of any controversy regarding the Earnest Money (notwithstanding any termination of the Contract), Earnest Money Holder shall not be required to take any action. Earnest Money Holder, at its option and sole discretion, may (I) await any proceeding, (2) interplead all parties and deposit Earnest Money into a court of competent jurisdiction and shall recover court costs and reasonable attorney and legal fees, or (3) provide notice to Buyer and Seller that unless Earnest Money Holder receives a copy of the Summons and Complaint or Claim (between Buyer and Seller) containing the case number of the lawsuit (Lawsuit) within one hundred twenty days of Earnest Money Holders notice to the parties, Earnest Money Holder shall be authorized to return the Earnest Money to Buyer. In the event Earnest Money Holder does receive a copy of the Lawsuit, and has not interpled the monies at the time of any Order, Earnest Money Holder shall disburse the Earnest Money pursuant to the Order of the Court. 10. SUBSEQUENT AMENDMENTS. Any amendments to, or termination of, these Closing Instructions must be in writing and signed by Buyer, Seller and Closing Company. I1. CHANGE IN OWNERSHIP OF WATER WELL. Within sixty days after Closing, Closing Company shall submit any required Change in Ownership form or registration of existing well form to the Division of Water Resources in the Department of Natural Resources (Division), with as much information as is available, and the Division shall be responsible for obtaining the necessary well registration information directly from Buyer. Closing company shall not be liable for delaying Closing to ensure Buyer completes any required form. 12. WITHHOLDING. The Internal Revenue Service and the Colorado Department of Revenue may require Closing Company to withhold a substantial portion of the proceeds of this sale when Seller either (a) is a foreign person or (b) will not be a Colorado resident after Closing. Selicr should inquire of Seller's tax advisor to determine if withholding applies or if an exemption exists. 13. ADDITIONAL PROVISIONS. (The following additional provisions have not been approved by the Colorado Real Estate Commission) None 14. COUNTERPARTS. This document may be executed by each party, separately, and when each party has executed a copy, such copies taken together shall be deemed to be a full and complete contract between the parties. Order NUmbe 925175 —C2 CLsa.og. Closing Instructiorg Page 1 of 3 15. BROKER'S COPIES. Closing Company shall provide, to each broker in this transaction, copies of all signed documents that such brokers are required to maintain pursuant to the rules of the Colorado Real Estate Commission. 16. NOTICE, DELIVERY AND CHOICE OF LAW. 16.1. Physical Delivery. Except as provided in § 16.2, all notices must be in writing. Any notice or document to Buyer shall be effective when physically received by Buyer, any individual buyer, any representative of Buyer, or Brokerage Firm of Broker working with the Buyer. Any notice or document to Seller shall be effective when physically received by Seller, any individual Seller, any representative of Seller, or Brokerage Firm of Broker working with Seller. Any notice or document to Closing Company shall be effective when physically received by Closing Company, any individual of Closing Company, or any representative of Closing Company. 16.2. Electronic Delivery. As an alternative to physical delivery, any signed documents and written notice may be delivered in electronic form by the following indicated methods only: (X) Facsimile (X) Email ( ) No Electronic Delivery Documents with original signatures shall be provided upon request of any party. 16.3. Choice of Law. This contract and all disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in this slate for property located in Colorado. Buyer(s) Signature Iona Holdings Inc By: • er(s) Signature chael Keenan Nola Ke Date: March 30, 2010 Stewart Title - Aspen Division B y : Escrow Officer Drucilla Dom Title Stewart Title DISCLOSURE The title company, Stewart Title - Aspen Division in its capacity as escrow agent, has been authorized to receive funds and disburse them when all funds received are either: (a) available for immediate withdrawal as a matter of right from the financial institution in which the funds are deposited, or (b) are available for immediate withdrawal as a consequence of an agreement of a financial institution in which the fiords are to be deposited or a financial institution upon which the funds are to be drawn. The title company is disclosing to you that the financial institution may provide the title company with computer accounting or auditing services, or other bank services, either directly or through a separate entity which may or may not be affiliated with the title company. This separate entity may charge the financial institution reasonable and proper compensation for these services and retain any profits there from. The title company may also receive benefits from the financial institution in the form of advantageous interest rates on loans, sometimes referred to as preferred rate loan programs, relating to loans the title company has with the financial institution. The title company shall not be liable for any interest or other charges on the earnest money and shall be under no duty to invest or reinvest fiords held by it at any time. In the event that the parties to this transaction have agreed to have interest on earnest money deposit transferred to a fund established for the purpose of providing affordable housing to Colorado residents, then the earnest money shall remain in an account designated for such purpose, and the interest money shall be delivered to the title company at closing. BUYER(S): Jona Holdings Inc By: C1..mg Company: Stewart Title - Aspen Division Date: March 30, 2010 B Drucilla Dom Order Nurnber:925175 -C3 CLe -9.03. Cimino Instructions Page 2 of 3 15. BROKER'S COPIES. Closing Company shall provide, to each broker in this transaction, copies of all signed documents that such brokers are required to maintain pursuant to the rules of the Colorado Real Estate Commission. 16. NOTICE, DELIVERY AND CHOICE OF LAW. 16.1. Physical Delivery. Except as provided in § 16.2, all notices must be in writing. Any notice or document to Buyer shall be effective when physically received by Buyer, any individual buyer, any representative of Buyer, or Brokerage Firm of Broker working with the Buyer. Any notice or document to Seller shall be effective when physically received by Seller, any individual Seller, any representative of Seller, or Brokerage Firm of Broker working with Seller. Any notice or document to Closing Company shall be effective when physically received by Closing Company, any individual of Closing Company, or any representative of Closing Company. 16.2. Electronic Delivery. As an alternative to physical delivery, any signed documents and written notice may be delivered in electronic form by the following indicated methods only: (X) Facsimile (X) Email ( ) No Electronic Delivery Documents with original signatures shall be provided upon request of any party_ 16.3. Choice of Law. This contract and all dispntve arising hereunder shall be governed by and construed in accordance with the laws of the State of Colorado that would be applicable to Colorado residents who sign a contract in this state for property located in Colorado. Buyer(s) Signature Jona Ho Inc By: AA oQ cJe-c- err en Seller(s) Signature Michael Keenan Nola Keenan Date: March 30, 2010 Stewart Title - Aspen Division By: At _ _ \ � ......° Ga ' _ Escrow Officer D A ria DOW Title Stewart Title DISCLOSURE The title company, Stewart Title - Aspen Division in its capacity as escrow agent, has been authorized to receive funds and disburse them when all funds received are either: (a) available for immediate withdrawal as a matter of right from the financial institution in which the funds are deposited, or (b) are available for immediate withdrawal as a consequence of an agreement of a financial institution in which the funds are to be deposited or a financial institution upon which the funds are to be drawn. The title company is disclosing to you that the financial institution may provide the title company with computer accounting or auditing services, or other bank services, either directly or through a separate entity which may or may not be affiliated with the title company. This separate entity may charge the financial institution reasonable and proper compensation for these services and retain any profits there from. The title company may also receive benefits from the financial institution in the fomh of advantageous interest rates on loans, sometimes referred to as preferred rate loan programs, relating to loans the title company has with the financial institution. The title company shall not be liable for any interest or other charges on the earnest money and shall be under no duty to invest or reinvest funds held by it at any time. In the event that the parties to this transaction have agreed to have interest on earnest money deposit transferred to a fund established for the purpose of providing affordable housing to Colorado residents, then the earnest money shall remain in an account designated for such purpose, and the interest money shall be delivered to the title company at closing. BUYER(S): Jona Ho h 'rigs Inc By: ,! I A'-� -- " AMMMI e_ Closing Company: Stewart Title - Aspen Division Date: March 30, 2010 By: Drucilla Dom Order Number :9251 rS -.c2 CLS -9 -013. Closing l,rswc: ions Pay 2 of 1 GEAL ESTATE TAX, UTILITY AND HOMEOWNERS ASSOCIATION AGREEMENT REAL ESTATE TAXES It is hereby understood and agreed between the Buyer(s) and Seller(s) of property known as: 617 East Cooper Avenue 125, Aspen, CO 81611 That the taxes for the current year have been adjusted as of this date on the basis of the following: Estimate of current year: 2009 Mill Levy of 25.253 X the 2009 Assessment of $133450 = total tax estimate of 53370.00, adjusted by any applicable qualifying seniors property tax exemption. This is to be considered a final settlement at closing. SPECIAL ASSESSMENTS None of Record Actual taxes may change by reason of reassessment by the County Assessor. By executing this agreement, the undersigned indemnify and hold harmless Stewart Title - Aspen Division and Stewart Title Guaranty Company from any liability for reporting errors by local, county or state agency about special assessments that are not of record with the county treasurers office. Neither Stewart Title - Aspen Division nor Stewart Title Guaranty Company shall have any responsibility for future adjustments of special assessments. Rather, the undersigned shall assume responsibility for pursuing and effectuating the adjustments. UTILITY AGREEMENT The water and /or sewer and/or electric for the above address were settled in the following manner: All utilities, if any, will be handled between seller and buyer outside of closing. If water and sewer are applicable, those amounts have been prorated on the closing statements. Purchaser and seller agree to contact all utility departments within 24 business hours from date of closing regardless of options selected above. Upon receipt of the final water and/or sewer billing, Stewart Title - Aspen Division will make any necessary prorations and pay the amounts due per the billing received, balance of the escrowed funds, if any, will then be disbursed to the seller. If there was not enough monies escrowed at the time of closing to pay said water and /or sewer billings, the seller shall be obligated to make up the difference, upon demand, Stewart Title - Aspen Division will not pay or be responsible for the additional charges or any delinquencies. HOMEOWNERS ASSOCIATION DUES ( l/) Homeowners association dues are prorated to closing date on the basis of information received from the association and /or seller. ( ) Seller warrants that here are no association dues assessed against subject property. This Leement executed on arch 30, 2010 S I i 14(5): Michael Keenan / Nola K enan BUYER(S): Iona Holdings Inc Br Order \umber. 925178 - -C2 Real Estate Tax Agreement — Residential (Seller -Buyer) Page 1 of 1 "ictAL ESTATE TAX, UTILITY AND HOMEOWNERS ASSOCIATION AGREEMENT REAL ESTATE TAXES It is hereby understood and agreed between the Buyer(s) and Seller(s) of property known as: 617 East Cooper Avenue 125, Aspen, CO 81611 That the taxes for the current year have been adjusted as of this date on the basis of the following: Estimate of current year: 2009 Mitt Levy of 25.253 X the 2009 Assessment of $133450 = total tax estimate of $3370.00, adjusted by any applicable qualifying seniors property tax exemption. This is to be considered a final settlement at closing. SPECIAL ASSESSMENTS None of Record Actual taxes may change by reason of reassessment by the County Assessor. By executing this agreement, the undersigned indemnify and hold harmless Stewart Title - Aspen Division and Stewart Title Guaranty Company from any liability for reporting errors by local, county or state agency about special assessments that are not of record with the county treasurers office. Neither Stewart Title - Aspen Division nor Stewart Title Guaranty Company shall have any responsibility for future adjustments of special assessments. Rather, the undersigned shall assume responsibility for pursuing and effectuating the adjustments. UTILITY AGREEMENT The water and /or sewer and /or electric for the above address were settled in the following manner: All utilities, if any, will be handled between seller and buyer outside of closing. If water and sewer are applicable, those amounts have been prorated on the closing statements. Purchaser and seller agree to contact all utility departments within 24 business hours from date of closing regardless of options selected above. Upon receipt of the final water and/or sewer billing, Stewart Title - Aspen Division will make any necessary prorations and pay the amounts due per the billing received, balance of the escrowed funds, if any, will then be disbursed to the seller. If there was not enough monies escrowed at the time of closing to pay said water and/or sewer billings, the seller shall be obligated to make up the difference, upon demand, Stewart Title - Aspen Division will not pay or be responsible for the additional charges or any delinquencies. HOMEOWNERS ASSOCIATION DUES (�) Homeowners association dues are prorated to closing date on the basis of information received from the association and /or seller. ( ) Seller warrants that there are no association dues assessed against subject property. This agreement executed on March 30, 2010 SELLER(S): Michael Keenan Nola Keenan BUYER(S): Jona Ho gs Inc �I rrst r.� Order Number 925178 -C2 Real Estate Tax Agreement -Residential (Seller- Buyer) Page 1 of 1 r COMPLIANCE AGREEMENT AND PRIVACY RELEASE Date: March 30, 2010 Property: Condominium Unit 25, ASPEN SQUARE CONDOMINIUM COUNTY OF PITKIN, STATE OF COLORADO Order Number: 925178 - -C2 It is expressly agreed and understood between the undersigned parties Stewart Title is acting as Closing Agent in the above referenced transaction and shall in no way be liable as to the accuracy or completeness of any Payoff Statement and/or Assumption Statement that has been provided to said company for the purposes of closing this transaction. t Stewart Title has acted in good faith in compiling the data and information as set forth on the applicable Settlement Statement(s). The undersigned agree that any additional funds due and payable after closing will be immediately paid by the responsible party /parties. The undersigned further agree that in the event any of the documents required in this closing misstate or inaccurately reflect the true and correct terms and provisions thereof, and said misstatement or inaccuracy is due to unilateral mistake on the part of Stewart Title, or mutual mistake on the part of the undersigned and Stewart Title, or clerical error, then in such event, the undersigned shall upon request by Stewart Title and in order to correct such misstatement or inaccuracy, execute such new documents or initial such corrected original documents as Stewart Title may deem necessary to remedy said inaccuracy or mistake. The undersigned Buyer(s) hereby authorize(s) Stewart Title to release copies of the following documents: ❑ Promissory Note ❑ Deed of Trust ❑ Truth in Lending ❑ Last page of the HUD Settlement Statement ❑ Other: To: ❑ Listing Agent ❑ Selling Agent ❑ Mortgage Broker ❑ The undersigned Buyer(s) hereby decline(s) to authorize Stewart Title to release copies of the above referenced documents to the Listing Agent, Selling Agent and /or Mortgage Broker. Upon execution Stewart Title will provide you with a copy of this document for your records and will also maintain a copy of this document in electronic format to be provided upon your request. S (S): ./.4.„..i.v/teiter_t_ , ;VOL' — ' -- Michael Keenan � Nola Keenan BUYER(S): Jona Holdings Inc By: Order Number: 925178 —C2 Compliance Agreement — Sale Page 1 oft COMPLIANCE AGREEMENT AND PRIVACY RELEASE Date: March 30, 2010 Property: Condominium Unit 25, ASPEN SQUARE CONDOMINIUM COUNTY OF PITKIN, STATE OF COLORADO Order Number: 925178 - -C2 It is expressly agreed and understood between the undersigned parties Stewart Title is acting as Closing Agent in the above referenced transaction and shall in no way be liable as to the accuracy or completeness of any Payoff Statement and /or Assumption Statement that has been provided to said company for the purposes of closing, this transaction. Stewart Title has acted in good faith in compiling the data and information as set forth on the applicable Settlement Statement(s). The undersigned agree that any additional funds due and payable after closing will be immediately paid by the responsible party /parties. The undersigned further agree that in the event any of the documents required in this closing misstate or inaccurately reflect the true and correct terms and provisions thereof, and said misstatement or inaccuracy is due to unilateral mistake on the part of Stewart Title, or mutual mistake on the part of the undersigned and Stewart Title, or clerical error, then in such event, the undersigned shall upon request by Stewart Title and in order to correct such misstatement or inaccuracy, execute such new documents or initial such corrected original documents as Stewart Title may deem necessary to remedy said inaccuracy or mistake. The undersigned Buyer(s) hereby authorize(s) Stewart Title to release copies of the following documents: ❑ Promissory Note ❑ Deed of Trust ❑ Truth in Lending ❑ Last page of the HUD Settlement Statement ❑ Other: To: ❑ Listing Agent ❑ Selling Agent ❑ Mortgage Broker ❑ The undersigned Buyer(s) hereby decline(s) to authorize Stewart Title to release copies of the above referenced documents to the Listing Agent, Selling Agent and /or Mortgage Broker. Upon execution Stewart Title will provide you with a copy of this document for your records and will also maintain a copy of this document in electronic format to be provided upon your request. SELLER(S): Michael Keenan Nola Keenan BUYER(S): Iona Ho' 'ngs Inc By: !C -� t'�rec,ebro r, Order Number: 925178 - -C2 Compliance Ageenent — Sato Page 1 of 1 r^ Stewart Title - Aspen Division Date: March 30, 2010 Order Number: 925178 - -C2 ATTN: PAYOFF DEPARMENT CitiMortgage, Inc. Attn: Payoff Department 4740 121st Street Urbandale, Iowa 50323 RE: Your Loan No. 1119979771 Borrower: Michael Keenan and Nola Keenan Property Address: Condominium Unit 25, ASPEN SQUARE CONDOMINIUM COUNTY OF PITKIN, STATE OF COLORADO Date Deed of Trust Recorded July 14, 2008 Book and Page/Reception No. 551086 Enclosed is our check in the amount of 5395,257.74, representing payment in full of the above referenced loan. You are authorized to deposit these funds once you are in a position to tender to Stewart Title -Aspen Division your "PAID" ORIGINAL PROMISSORY NOTE, ORIGINAL DEED OF TRUST, and executed COLORADO RELEASE FORM. RELEASE FEES IN COLORADO, ARE NOW 521.00 FOR THE ONE PAGE RELEASE. ANY RELEASE OVER ONE PAGE, YOU WILL NEED TO ADD $5.00 PER PAGE. MAKE YOUR CHECK PAYABLE TO THE PUBLIC TRUSTEE. If this payoff is for a "Line of Credit," you are authorized to deposit these funds once you are in a position to tender to Stewart Title - Aspen Division your "PAID" PROMISSORY NOTE or LINE OF CREDIT AGREEMENT, ORIGINAL DEED OF TRUST, and executed COLORADO RELEASE OF DEED OF TRUST FORM, AND WRITTEN CONFIRMATION THAT YOU HAVE CLOSED THE "LINE OF CREDIT" ACCOUNT. BY ACCEPTING THESE FUNDS YOU AGREE TO IMMEDIATELY CLOSE THE LINE OF CREDIT AND RELEASE THE DEED OF TRUST. The undersigned borrower(s) hereby authorize and demand you to close and terminate the "Line of Credit" account and execute a full and final release of the Note and Deed of Trust in this matter. I/We, the borrower(s) understand that our account will no longer be available for use. I/We, the borrower(s) acknowledge that, Stewart Title - Aspen Division, and Stewart Title Guaranty Company, as well as other parties are relying upon this payment rrder to close and terminate before funding the enclosed payoff in full expectation that a '6LEASE OF TAUS DEED will be recorded to clear any lien from the lands described in the Deed of T • Michael Keenan Nola Keenan Please forward the above documents (and written confirmation that you have closed the "Line of Credit" account) to: Stewart Title- Aspen Division 620 East Hopkins Avenue Aspen, Colorado 81611 Your immediate response will be greatly appreciated. SELLER'S FORWARDING ADDRESS: 1075 Duval St C -21, PMB 238 Key West, FL 33040 Thank you, Stewart Title - Aspen Division Drucilla Dorn '•'EFFECTIVE SEPTEMBER 1, 1997`° COLORADO REVISED STATUTES, 30 -10 -906 (3) (a), AMENDED: REQUIRES THAT ALL DOCUMENTS RECEIVED FOR RECORDING IN THE CLERK AND RECORDER'S OFFICE SHALL CONTAIN A TOP MARGIN OF AT LEAST ONE INCH AND A LEFT, RIGHT AND BOTTOM MARGIN OF AT LEAST ONE -HALF AN INCH. THE CLERK AND RECORDER MAY REFUSE TO RECORD ANY DOCUMENTS THAT DOES NOT CONFORM. Order Number 925178 —C2 Payof'Anachmcnt - Leader 1 -S r^ BILL OF SALE KNOW ALL MEN BY THESE PRESENTS, That Michael Keenan and Nola Keenan of the County of Monroe, State of Florida (seller) for and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION, to him in hand paid, at or before the ensealing or delivery of those presents by Jona Holdings Inc of the County of, State of (Buyer), the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does grant and convey unto the said Buyer, his personal representatives, successors and assigns, the following property, goods and chattels, to wit: 1. Fixtures. If attached to the Property on the date of this Contract, lighting, heating, plumbing, ventilating, and air conditioning fixtures, TV antennas, inside telephone, network and coaxial (cable) wiring and connecting blocks /jacks, plants, mirrors, floor coverings, intercom systems, built -in kitchen appliances, sprinkler systems and controls, built -in vacuum systems (including accessories), including garage door openers including n/a remote controls; and n/a 2. Personal Property. The following are included if on the Property whether attached or not on the date of this Contract; storm windows, stoma doors, window and porch shades, awnings, blinds, screens, window coverings, curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves, storage sheds, and all keys. If checked, the following are included: (X) Water Softeners, (X) Smoke/Fire Detectors, ( ) Security Systems, ( ) Satellite Systems (including satellite dishes) 3. Other Inclusions. All furniture and furnishings, window coverings, dishwasher, microwave, range, refrigerator, ceiling fan and light fixtures. 4. Exclusions. The following items are excluded: n/a Located at: Condominium Unit 25, ASPEN SQUARE CONDOMINIUM COUNTY OF PITKIN, STATE OF COLORADO TO HAVE AND TO HOLD the same unto the said Buyer, his personal representatives, successors and assigns, forever. The said Seller covenants and agrees to and with the Buyer, his personal representatives, successors and assigns, to WARRANT AND DEFEND the sale of said property, goods and chattels, against all and every person or person whomever. When used erein, the singular shall include the plural, the plural the singular, and the use of any gender shall be applicable to all enders. IN W C7, S q'' S r WHE � REOF, a Seller has executed this Bill of Sale this 22J9th day of March, 2010. IN Michael Keenan / Nola Keenan State of Nevada ) ss. County of Clark ) The foregoing instrument was acknowledged before me on thisg J RC 2,1 O by Michael Keenan and Nola Keenan NDiNNNBYC Witness my hand officia a PM Of NEVADA C.dlled.Na.Paula t !.1...� N. , 01 c: My on • is•bn expires: iibiit Z Order Number: 925178 —C2 Bill of Sale Page 1 of 1 INDEMNI1 AND AFFIDAVIT AS TO DEBTS, LIENS, AND POSSESSION Order Number: 925178 —C2 Real property and improvements located in the County of Pitkin, State of Colorado, and more particularly described as follows: Condominium Unit 25, ASPEN SQUARE CONDOMINIUM COUNTY OF PITKIN, STATE OF COLORADO Before me, the undersigned authority on this day personally appeared Michael Keenan and Nola Keenan _ Seller(s)* personally known to Inc to be the person whose name is subscribed hereto and upon his/her oath deposes and says that no proceedings in bankruptcy or receivership have been instituted by or against him/her and that the marital status of affiant has not changed since the day of acquisition of said property mid represents to the purchaser and/or Lender in this transaction that there are: 1. No unpaid debts for lighting and plumbing fixtures, water heaters, floor furnaces, heaters, air conditioners, built-in fireplace screens, installed outdoor cooling equipment, swimming pool equipment, built -in cleaning equipment, built-in kitchen equipment, satellite dish, radio or television antennae, garage door openers, carpeting, rugs, lawn sprinkling systems, venetian blinds, curtain and rods, window shades, draperies and rods, valances, screens, shutters, awnings, minors, ceiling fans, attic fans, mail boxes, security and fire alarm detection equipment, water sodener, electric appliances, fences, street paving, or any personal property of fixtures that are located in the subject property described above, and that no such items have been purchased on time payment contracts, and there are no security interest on such property secured by financing statement, srcurily agreement or otherwise except the followin' Creditor Approximate Amount A jnJ' 2. No loans, unpaid judgments, or liens (including Federal or State Liens or Judgment Liens) and no unpaid governmental or association taxes, charges or assessments of any kind on such property except the following: Ng Creditor Approximate Amount No 3. All labor and material used in the construction of improvements on the above described property have been paid for and there are now no unpaid labor or material claims against the improvements or the property upon. which same are situated, and I hereby declare that all sums of money due for the construction of improvements have been full paid and satisfied, except the following: 4. No leases, contracts to sell the land, or parties in possession other than afliant except as follows: (If NONE write NONE on blank line) *5. To be filled in if a sale - *The Seller (is) _X_ (is not) (Check applicable) a foreign person, foreign corporation, foreign partnership, foreign trust, foreign estate or other foreign entity (as defined in the Internal Revenue Code and Income Tax Regulations) Sellers address (office address, if seller is an entity; home address if seller is any individual) is: 1075 Duval St C -21, PMB 238, Key West, FL 33040 This allidavit may be disclosed to the Internal Revenue Service and is furnished to Buyer to inform Buyer that withholding of tax is not required under Section 1445 of the Internal Revenue Code. IF ANY DEED OF TRUST RECORDED AGAINST MY PROPERTY SECURES AN OPEN LINE OF CREDIT OR A REVOLVING LINE OF CREDIT, PAVE AFFIRM THAT 1/WE HAVE NOT DRAWN ADDITIONAL FUNDS FROM THE LINE OF CREDIT SINCE TI DATE OF THE PAYOFF STATEMENT FROM MY /OUR LENDER TO STEWART TITLE COMPANY -Aspen Division UWE FURTHER AGREE AND AFFIRM THAT I/WE WILL NOT MAKE ANY FURTHER DRAWS ON THE LINE OF CREDIT AFTER THE DATE OF THIS AFFIDAVIT. IIWE FURTHER AFFIRM THAT 1/WE HAVE NOT TAKEN OUT ANY LOANS AGAINST OUR PROPERTY OTHER THAN THOSE SHOWN ON THE ABOVE REFERENCED COMMrFME'NT NUMBER. INDEMNITY: I AGREE TO PAY ON DEMAND TO THE PURCHASERS AND /OR LENDER AND /OR 111LE COMPANIES (INCLUDING STEWART TITLE GUARANTY COMPANY) IN THIS TRANSACTION, THEIR SUCCESSORS AND ASSIGNS, ALL AMOUNTS SECURED BY ANY AND ALL LIENS, CLAIMS, OR RIGHTS NOT SHOWN ABOVE, TOGETHER WITH ALL COSTS, LOSS AND ATTORNEY'S FFFS THAT SAID PARTIES MAY INCUR 111 CONNECTION WITH SUCH UNMENTIONED LIENS. PROVIDED SAID LIENS, CLAIMS, OR RIGHTS EITIER CURRENTLY APPLY TO SUCH PROPERTY, OR A PART THEREOF, OR ARE SUBSEQUENTLY ESTABLISHED AGAINST SAID PROPERTY AND ARE CREATED BY ME, KNOWN :Y ME, OR HAVE AN INCEPTION OR ATTACHMENT DATE PRIOR TO THE CLOSING OF THIS TRANSACTI AND RECORDING OF . t DEED AND THE DEED OF TRUST. 1 realize purchases and/or Lends and Title Companies in this transaction are relying on the representations contained herein in purchasing same or len ' n ey thereon and issuing till policies and would not purchase same or lend money issue a Lille policy thereon unless said representations were mad eller or Borrower is an end , save authority to sign on its behalf Michael Keenan / Nola Keenan State of Nevada ) ss. County of Clark 2 The foregoing instrument was subscribed and sworn to before me this 7-7- day of March, 2010, by Michael Keenan and Nola Keenan MICHAEL STEPHEN RUIN Witness my hand a r r cial seal. NOTMYPUBIIC 1 ry, SIM OF NEVADA CeaBY.aleNttc9947612,1 NoLry P die: My con - sio expires: NOTE TO BUYER: Buyer must retain until end of fifth taxable year follo • ing taxable year of transfer and must file with the Internal Revenue Service if required by regulation or otherwise. NOTE: TO BE FILLED IN PERSONALLY BY SELLER IN HIS/HER OWN HANDWRITING Order Number 925178-C2-C2 A&D&L-ALTA (Seller) Rev. 6/99 Page 1 of 1 r Stewart Title - Aspen Division PAYOFF INDEMNIFICATION AGREEMENT Order Number: 925178 —C2 Lender: CitiMortgage, Inc. Loan No.: 1119979771 Borrower Address: 1075 Duval St C -21 PMB 238 Key West, Florida 33040 The undersigned hereby acknowledge that Stewart Title - Aspen Division is obligated to issue its Owner's and/or Loan Policies free and clear of the above referenced mortgage(s). In order to complete this transaction, and to induce Stewart Title - Aspen Division to issue its Policies and disburse all escrow proceeds, the undersigned hereby agree as follows: I. These liens are debts of the undersigned and as such the undersigned is /are responsible for full payment of these debts. 2. To immediately, upon notification, deposit with Stewart Title - Aspen Division any additional funds demanded by the lender to satisfy and release the above referenced mortgage(s). 3. To reimburse Stewart Title - Aspen Division for any funds advanced to satisfy and release the lien(s) of the above mortgage(s). 4. To pay damages, court costs, attorney fees and expenses incurred by Stewart Title - Aspen Division enforcing this agreement and obtaining the release of the above mortgage(s). 5. That the terms of this agreement supercede any escrow, contract or Title Commitment/Policy duties owed by Stewart Title - Aspen Division to the undersigned, but only to the extent that those are inconsistent or contradictory. Stewan Tit e - Aspen Division •. ecifically reaffirms its duty to present payment to the lender /senicer in accord. •:-/with the terms of the ! . yoff letter, in a timely manner and consistent with normal escrow practices. IN ' SS WHEREOF, the rarties have executed this agreement this 30th day of March, 2010. .chael Keenan / Nola Keen. State of Nevada ) ) ss. County of Clark ) The foregoing instrument was acknowledged before me on Z+ INYrget 2; 0 by Michael Keenan and Nola Keenan NOTARY PUBUO Witness my hand and official seal. ME OF NEVADA Dub APPobtraent I12 -N CerUffecdo ibin l � ?G0/ / • No • blict My com issP n ires: Accepted: Stewart Title - • : - ren Division By: Dr. ilia Dom •0 der Number: 925178 -C2 Payoff lndemnilicalion - Seller Page 1 of I FINAL LIEN AFFIDAVIT AND AGREEMENT Date: 3/30/2010 Property: Real property and improvements located in the County of Pitkin, State of Colorado, and more particularly described as follows: 617 East Cooper Avenue 125 Aspen, Colorado 81611 Order Number: 925178 - -C2 PURCHASER'S AFFIDAVIT: The undersigned, Purchaser(s) of the herein described property, to induce Stewart Title Guaranty Company to issue its ALTA LOAN or ALTA OWNERS Policies of Title Insurance, without including therein an exception as to mechanics' liens or other statutory liens, in connection with the property described in said commitment, or any rights thereto, where no notice of such liens or rights appear of record, do hereby make the following representations to Stewart Title Guaranty Company with full knowledge and intent that said company shall rely thereon: 1. That the improvements on the real estate herein described have been fully completed and have been accepted by the undersigned as completed and as satisfactory. 2. The full purchase price has been paid by said purchaser(s) to said Owner /Seller. 3. The said premises (were) (will be) occupied by said purchaser(s) on or about March 30, 2010. 4. That the undersigned are not aware of any bills for services, labor or materials used in connection with the constmction of the improvements located on said property which have not been paid. 5. That the undersigned have not caused any materials to be furnished or work to be done on the improvements located on said property or said property itself, which could give rise to any mechanics' or other statutory liens, claims and /or liens for such material or work, have not executed any security agreements or financing statements for materials, appliances, fixtures or furnishings, placed upon the property herein described or installed in the improvements located on said property. 6. In light of the foregoing facts, the undersigned, in connection of the issuance by Stewart Title Guaranty Company of a policy of Title Insurance covering said property in the manner described by the undersigned as set out above, hereby promise, covenant and agree to hold harmless, protect and indemnify Stewart Title Guaranty Company, the Mortgagee and their successors in interest from and against those liabilities, losses, damage, expenses and charges, including but not limited to attorney's fees and expenses of litigation by reason of any mechanics' or other statutory liens claims and /or liens for services, labor or materials used in connection with the construction of improvements located on said property insofar as they pertain to Paragraphs 1 to 5 above. Iona Hol ngs Inc By: 4':Z.l .1n. t Leh State of 0 c \ orajj ) n ) ss. County of �,}>,tk,r� ) The foregoing instrument was subscribed and sworn to before me this �oit� day of March, 2010, by By �1 or. L -aoYe. , as rehic:-e) �k_ of Jona Holdings Inc Witness my hand and official seal. Cln.) --t--- I D RUCILLA \ � ; Notary P blic: MY Canm�eion Expires O4/21/20N • y •mmission expires: Order Number: 925178—C2 Final Lien Affidavit and.Agmemem Page 1 of 1 BILL OF SALE KNOW ALL MEN BY THESE PRESENTS That Michael Keenan and Nola Keenan of the County of Monroe, State of Florida (seller) for and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION, to him in hand paid, at or before the caseating or delivery of those presents by Jona Holdings Inc of the County of State of (Buyer), the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does grant and convey unto the said Buyer, his personal representatives, successors and assigns, the following property, goods and chattels, to wit: 1. Fixtures. If attached to the Property on the date of this Contract, lighting, heating plumbing, ventilating, and air conditioning fixtures, TV antennas inside telephone, network and coaxial (cable) wiring and connecting blocks /jacks, plants, mirrors floor coverings, intercom systems built -in kitchen appliances, sprinkler systems and controls, built -in vacuum systems (including accessories) including garage door openers including n/a remote controls; and n/a 2. Personal Property. The following are included if on the Property whether attached or not on the date of this Contract; storm windows, storm doors, window and porch shades, awnings, blinds, screens, window coverings curtain rods, drapery rods, fireplace inserts, fireplace screens, fireplace grates, heating stoves, storage sheds, and all keys. If checked, the following are included: (X) Water Softeners, (X) Smoke/Fire Detectors ( ) Security Systems ( ) Satellite Systems (including satellite dishes) 3. Other Inclusions. All furniture and furnishings, window coverings, dishwasher, microwave, range, refrigerator, ceiling fan and light fixtures. 4. Exclusions. The following items are excluded: n/a Located at: Condominium Unit 25, ASPEN SQUARE CONDOMINIUM COUNTY OF PITKIN, STATE OF COLORADO TO HAVE AND TO HOLD the same unto the said Buyer, his personal representatives successors and assigns forever. The said Seller covenants and agrees to and with the Buyer, his personal representatives, successors and assigns, to WARRANT AND DEFEND the sale of said property, goods and chattels, against all and every person or person whomever. When used herein, the singular shall include the plural, the plural the singular, and the use of any gender shall be applicable to all ,_enders. IN W ' 4 S4-4S WHE tt.e Seller has executed this Bill of Sal s2 29th day of March, 2010. Michael Keenan / Nola Keenan of Nevada ) ss. County of Clark ) ,' The foregoing instrument was acknowledged before me on this3'f - v 1 ; D by Michael Keenan and Nola Keenan Witness my hand�nd officia. -... • warn ague STAIECONEVADA Daft ivesseemboilmns CerYeablC9iON - _ i N..1 ubin: My to ission expires: ii) // Z Order Number: 925178 —C2 Bill of Sale Page 1 of 1 REAL PROPERTY TRANSFER DECLARATION (TD -1000) GENERAL INFORMATION Purpose: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39 -14- 102(4), Colorado Revised Statutes (C.R.S.). Requirements: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. Ibis declaration must be completed and signed by the grantor (seller) or grantee (buyer). Refer to 39- 14- 102(I)(a), C.R.S. Penalty for Noncompliance: Whenever a Real Property Transfer Declaration does not accompany the deed; the clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned within thirty days after the notice is mailed. If the completed Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessor may impose a penalty of $25.00 or .025% (.00025) of the sale price, whichever is greater. This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold. Refetito 39 -14- 102(1) (b), C.R.S. Confidentiality: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available to the seller if the seller filed the declaration. Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. Refer to 39 -5- 121.5, C.R.S. and 39- 13- 102(5)(c), C.R.S. 1. Address and/or legal description of the real property sold: Please do not use P.O. Box numbers. Condominium Unit 25, ASPEN SQUARE CONDOMINIUM COUNTY OF PITKIN, STATE OF COLORADO 2. Type of roe purchased: YP property rtY P Townhouse Single Family Residential Multi-Unit Res. Commercial X Condominium Agricultural Mixed Use Industrial Other: Vacant Land 3. Date of Closing: March 30, 2010 Date of contract if different than date of closing: February 22, 20(0 4. Total Sale Price: Including all real and personal property. $840,000.00 5. Was any personal property included in the transaction? Personal property would include, but is not limited to, carpeting, draperies, free standing appliances, equipment, inventory, furniture. If the personal property is npt listed, the entire purchase price will be assumed to be for the real property as per 39 -13 -102, C.R.S. _ X Yes _ No \\ If yes, approx. value $ SOfI • -° Describe O µttl iyt 6. Did the total sale price include a trade or exchange of additional real or personal property? If yes, give the approximate value of the goods or services as of the date of closing. Yes _X No If yes, value $ If yes, does tbis transaction involve a trade under IRS Code Section 1031? Yes _X No 7. Was 100% interest in the real property purchased? Mark `no" if only a partial interest is being purch 4 ed. _X Yes No If no, interest purchased 8. Is this a transaction among related parties? Indicate whether the buyer or sellers are related. Related parties include persons within the same family, business affiliates, or affiliated corporations. Yes No 9. Check any of the following that apply to the condition of the improvements at the time of purchase. New Average Poor Excellent X Fair Salvage Good N/A Vacant Land OrdcNumba 925178 —C2 Real Properly Transfer Declaration Page 1 of 2 fi If the property is financed, please complete the following: 10. Total Amount financed. $ 11. Type of financing: (Check all that apply) New Assumed Seller Third Party Combination; Explain 12. Terms: Variable; Starting Interest Rate od Fixed; Interest Rate Length of time Balloon payment Yes No years If yes, amount $ Due Date 13. Please explain any special terms, seller concessions, or financing and any other information that would help the assessor understand the terms of sale. For properties other than residential (Residential is defined as: single family detached, town homes, apartments and condominiums) please complete questions 14 -16 if applicable. Otherwise, skip to 417 to complete. 14. Did the purchase price include a franchise or license fee? Yes No If yes, franchise or license fee value $ 15. Did the purchase price involve an installment land contract? Yes No If yes, date of contract 16. If this was a vacant land sale, was an on -site inspection of the property conducted by the buyer prior to the closing? Yes No Remarks: Please include any additional information concerning the sale you may feel is important. 17. Signed this March 30, 2010 Enter the day, month and year, have at least one of the parties to the transaction sign the document and include an address. Please designate buyer or seller. BUYER: Jona Hot . ngs Inc By: , • • , 18. All future correspondence (tax bills, property valuations, etc.) regarding this property should be mail d to: 2100 -155 Cumberland Street, Toronto, Ontario Canada M5R 1A2, Order Number: 925118 —C2 Real Property Tramcar Declaration Page 2 of (f WARRANTY DEED State Doc Fee: $84.00 THIS DEED, is dated the 30th day of March, 2010, and is made between c MICHAEL KEENAN AND NOLA KEENAN (whether one, or more than one), the "Grantor," of the County of Monroe and State vi of Florida, and JONA HOLDINGS INC (whether one, or more than one), the "Grantee," whose legal address is: 2100 -155 Cumberland Street, Toronto, Ontario, Canada M5R 1A2 Canada WITNESS, that the Grantor, for and in consideration of the sum of ( 8840,000.00 ) Eight Hundred Forty Thousand dollars and Zero cents, the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with improvements thereon, located in the County of Pitkin and State of Colorado described as follows: Condominium Unit 25, ASPEN SQUARE CONDOMINIUM, according to the Condominium Map thereof recorded December 20, 1968 in Plat Book 3 at Page 365 as Reception No. 133472, and as defined and described in Affidavit recorded October 7, 1977 in Book 336 at Page 197 as Reception No 198029, and as defined and described in that Declaration -Aspen Square Condominium, appearing in such records in Book 238 at Page 249 as Reception No. 133471. COUNTY OF PITKIN, STATE OF COLORADO also known by street and number as: 617 East Cooper Avenue 125, Aspen, CO 81611 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the 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 and the Grantee's heirs and assigns forever. The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, and the Grantee's heirs and assigns, that at the time of the ensealing and deliver' of these presents, the Grantor is well seized of the premises above described; 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 and subject to: See Attached Exhibit A And the Grantor shall and will WARRANT AND FOREVER DEFEND the above described premises, but not any adjoining vac. ed street or alley, if any, in the quiet and peaceable possession of the Grantee and the heirs and assigns of the Grantee, al,,'st all and every rson or persons claiming the whole or any part thereof INi - � ESS WHERE the Grantor has executed this deed on the date set forth above. i <,7c.., f� Michael Keenan Nola K RECEPTION #: 568057, 03/30/2010 at 12:03:59 PM, State of Nevada ) 1 OF 2. R $11.00 OF $84.00 Doc Code WO Janice K. Vos Caudill, Pitkin County, CO ss. County of Clark ) The foregoing instrument was acknowledged before me this 2- day of March, 2010, by Michael Keenan and Nola Keenan _lVimress my hart efffictal seal (7 NOtlult iusq e l /✓1/ / ��1.. ), (. :Q / M � K ermeaw s N blic ✓ Query n Mni Iv1V conanissidn expires: I I f � / Z girl L .. `{' I i. itii) _]."'i -. X41• r NC). stevvart tine r -f Order Number 925178 - -C2 v 1" �7�r' -2— f�v�" No. 932A Rev 10 -05. Warranty Deed (For Photographic Record) Page 1 oft EXHIBIT A EXCEPTIONS I. Distribution utility easements (including cable TV). 2. Those specifically described rights of third parties not shown by the public records of which Buyer has actual knowledge and which were accepted by Buyer in accordance with paragraph 8b of contract Form No. CBS 1 -9 -99 [Matters Not Shown by the Public Records]. 3. Inclusion of the Property within any special taxing district. 4. The benefits and burdens of any declaration and party wall agreements, if any. 5. Unpatented mining claims; reservations or exceptions in patents, or an act authorizing the issuance thereof; water rights, claims or title to water. 6. Taxes for the year 2010 and subsequent years not yet due and payable. 7. Any and all unpaid taxes and assessments and unredeemed tax sales. 8. The effect of inclusions in any general or specific water conservancy, fire protection, soil conservation or other district or inclusion in any water service or street improvement area 9. Exceptions and reservations as set forth in the Act authorizing the issuance of the Patent for the City and Townsite of Aspen recorded March 1, 1897 in Book 139 at Page 216 as Reception No, 60156. 10. Agreement between the City of Aspen and Aspen Properties Company recorded December 5, 1968 in Book 237 at Paee 914. 11. Condominium Declaration for Aspen Square Condominium recorded December 20, 1968 in Book 238 at Page 249 as Reception No. 133471. 12. Easements, rights of way and other matters as shown and contained on Condominium Plat of Aspen Square Condominiums recorded December 20, 1968 in Plat Book 3 at Page 365 as Reception No. 133472. 13. Grant of Easement to Comcast of Colorado/Florida Inc. recorded July 19, 2009 as Reception No. 560079. Order Number: 925178 --C2 Warranty Deed - Exhibit 1 (Exceptions) Page 1 of 1 r op rt- g STATEMENT OF AUTHORITY r (38 -30 -172, C.R.S.) "' 1. This Statement of Authority relates to an entity named U) Jona Holdings Inc And is executed on behalf of the entity pursuant to the provisions of Section 38 -30 -172, C.R.S. 2. The type of entity is a: "kQ4 &h (guals24Al Q M J ( H ∎Pe [t4tet{l CA 04 3. The mailing address for the entity is: l 2,ltto 1 — o !4 ct. 4'ber(avt J AY-er� nm“i QsATn 1 Cat K o Ai flt I A 2- 4. The entity is formed under the laws of: n44-tyyt0 5. The name of the person(s) authorized to execute instruments conveying, encumbering, or otherwise affecting title to real property on behalf of the entity is: ct J -are 6. The authority of the foregoing person(s) to bind the entity is �N Not limited OR 0 Limited 1 � as follows: 7. Other matters concerning the manner in which the entity deals with interest in real property: Dated this 2. day of March, 2010 RECEPTION #: 568058, 03/30/2010 at 12:04:00 PM, Jona Holdings Inc 1 OF 1, R $6.00 DF $0.00 Doc Code AUTH n Janice K. Vos Caudill, Pitkin County, CO By: (_Cn+e_ �f 6J C ire Ti Je,an State of Canrc, . _ ) ) ss. County of — P3 ,n ) On _aslikhday of March, 2010, before me, the undersigned, personally appeared \on t nse as ereaiA ofJona Holdings Inc Witness my hand and official seal. DRUCILLA DORN 1 r ; i A A cl 1 NOTARY PUBLIC STATE OF COLORADO I Notttorrtyu ltc ^ ^mtnisaon Exof!es 0412112011 My commission expires. Order Number: 925178 -0 Statement of Authority — Buyer fi pse p ke , ---, :: ASPEN, COLO I ' te a° / / I + A� r + 'y 4 i � / r 1 l P aAc D ' ° p �t . -..1 / .Asren r , r r r- e l y ` _ . _ - + C7 r L'e ,4 I - -. 48 Wagner g / 1 , Park / y y / , co a - ' 1 - r ` e ' ii s i n 1 I 3 A v 1 Z3 EC� DA �; fen bt j / � e r ) ' 1 1 ' / F / "s+ = � Aye _ �: i ff / f - 3 S ASPEN SQUARE d �1 7 CONDOMINIUMS 45 + Q 1 ., C °'".tt, ' _ / '. S S / I 1 ASPEN, COLORADO CITY MAP 1 - . . WORK TTTT CONFERENCE ROOM OUTDOOR i mr EXIT STAIR TO EXIT STAIR TO r FIRST LEVEL FIRST LEVEL OUTDOOR I F' UNIT #136 ELEVATOR ---..�\/ Tx, io UNIT #125 W 7\ F IRST LEVEL I CD OUTDOOR CORRIDOR I I OUTDOOR CORRIDOR I -. I . I OU Q MOOR CORR DOR O I ,IICOORCORRIDOR OUTDOOR CORR DOR I I N I - - 0 z I I a UNIT#133 S UNIT #132 UNIT #129 _ UNIT 1 co UNIT #135 UNIT #134 UNIT #131 UNIT #130 UNIT #127 1 UNIT #128 L � _ �i >• SIDEWALK EAST DURRANT STREET ASPEN SQUARE CONDOMINIUM SOUTH WING THIRD STORY FLOOR PLAN ASPEN SQUARE CONDOMINIUMS LOVE REMODEL :: UNIT #125 & #126 stryker brown Aspen, Colorado 81611 ARCHITECTS VICINITY MAP 110 SOUTH SPRING STREET ASPEN, COLORADO #1 #I1 DATE OF ISSUE: 7/29/10 (Ph) 970925.2109 (Fax)070925 -2258 TIME: 3:10 PM stryker biow ARCHITECTS July 29, 2010 City of Aspen Community Development Department 130 South Galena Street Aspen Colorado, 81611 Dear Jennifer Phelan, Re: Land Use Application Submittal Information ( #9) Merging Aspen Sq. Condos Unit #125 & #126 The Love Remodel (see attached sheet 01 for vicinity map) is an alteration project in a Commercial Lodge Zone whereby two units, #125 &126 at the Aspen Square Condominiums, are to be combined and remodeled. This project is exempt from growth management review and mitigation because the net livable space is below 1,500 square feet and there are no additional bedrooms, bathrooms or "residential" conditions added to the combined unit. According to a Commercial Lodge Zone, if a unit size is of 1,500 square feet or larger it is subject to growth management review. With the units combined, the net livable space currently is 1,494 square feet and the proposed net livable space (see attached sheet 04 & 05) is 1,494 square feet. There is no additional square footage added and the total net livable space is below 1, 500 square feet. Therefore, the project is exempt from growth management review. In addition, there are no additional bedrooms, bathrooms or "residential" conditions added to the current unit total count. This also exempts the project from growth management review. As shown in the Existing /Demolition Floor Plan (see attached sheet 02), there are a total of 3 bedrooms and 3 bathrooms. If you refer to the Proposed Floor Plan (see attached sheet 03), there are 3 bedrooms and 3 bathrooms designed for the remodel. Furthermore, we are not adding parking spaces or outside storage. Overall, we are not adding to the current "residential" conditions wherein unit #125 & 126 reside. The Love Remodel is clearly exempt from growth management review and mitigation. Mainly, the net livable space is below the 1,500 square feet limitation and there are no additional "residential" conditions added to the project. Refer to the attached documents to support this exemption. Sincerely, Sarah De Stefano Stryker Brown Architects 119 SOUTH SPRING STREET A S P E N C O L O R A D O 81 611 970.925.2100 925.2258 (FAX) P ` r ASPEN, C 0 1aq �� j_ 7 r' 1 ,. / s :--------- z /i "------ Park' s \-- / c.L_ / 0._"0 ,r. es � I r h y / f a / 4Y � � _^-- ,y °�' J 7 1 h 4�,.. J `r S ^)'ll)9 1 _ L 1 s � :Th qve� \ I I f e. i e r j S — ,� ,s /• ASPEN SQUARE o ." 7 / _ - - / ,/ 7 CONDOMINIUMS d EC*„ - - - r ASPEN, COLORADO CITY MAP 1 J WORK OUTDOOR OUTDOOR _ CONFERENCE ROOM — I EXIT STAIR TO EXIT STAIR TO FIRST LEVEL 1' FIRST LEVEL 1 I OUTDOOR I ni UNIT N136 ELEVATOR 1�r�/�( \/' FIRS L I UNIT #125 I W OUTDOOR CORRIDOR 1 1 OUTDOOR CO I DOR I I I I I r OUTDOOR CORRIDOR r r RRID r OUTDOOR COOR OUTDOOR CORRIOKA 0 I I Z I ET UNIT #133 UNIT #132 UNIT #129 UNIT #128 1 �- UNIT #135 UNIT #134 UNIT #131 UNIT 1130 UNIT #127 1 UNIT #125 EAST DURRANT STREET N ASPEN SQUARE CONDOMINIUM SOUTH WING THIRD STORY FLOOR PLAN ASPEN SQUARE CONDOMINIUMS LOVE REMODEL :: UNIT #125 & #126 stryker brown Aspen, Colorado 81611 AROH ITECTS VICINITY MAP 119 SOUTH SPRING STREET o1 1 ASPEN, COLORADO 81611 DATE OF ISSUE: 7/ 30/10 (m9704125-2100 (Fax) 91b 125 -2256 TIME: 9:27 AM 0 C1) Cr . NIS QU!d TO COMM Pei aNO.ON JAI BMA o \ cOORCO �. IM.O I E/aCdV ErrERKDR REMOVE &MOPE WILL moaooR [ *J! m 1 ,M ANTOTmi P4 gi I P,dwmuaroaz ter- -- 11 1 �' ' a uE Owc WAS E u L, xo.T.k,u .i - ronsl-vau,me. r rtE.ia w° II 11 °aina <°m.� lr j O u n u I u u n I ,. u .1 II II I1 F1 u u u 11 I I II II 11 mow BmPM E II II -OSS.1.E99 W. I I 1 II NET •I49. II 11 11 II HEATERSTOACCOMODA 11 II cad .I ^ 11 - F • �1 x°xo H ENTRY 'r' `�' SIRUCR/1111. POST TO II I . ; �6 Rl x�w>q'. 11 KITCHEN O J ' 1 11 .ar grTu A 11 II wn1 Toms 11 11 11 11 I II NVlC II I ruFLUE DIME PPnx^ s sla • 11 I I 11 .w EPLIC; N 1 D Down, RION F10011 PI AN 1 FUND: w OACCOI x° onne • II I` 1 � xurtuT°rccmware II C= (E) WALL TO REMAIN dm,d �a� pri II ml. ,J 11 11 I ME) EXTERIOR VENEER WALL (TOREEUIN) A 1♦(E) WALL TO RE REMOVED BALT0111, -1E)SOEWALL AC DIFFUSER —r-I SOE WALL AC RETUiN J ®( OTHE WISES DEMOLISH TO BASEBOARDS O S (E) DESIGNATES Ew3TINc NI EXISTING /DEMOLITION FLOOR PLAN \� , SCALE: 3/32" = 1 -0" ASPEN SQUARE CONDOMINIUMS LOVE REMODEL :: UNIT #125 & #126 stryker brown Aspen, Colorado 81611 A R C H I T E C T S EXISTING / DEMOLITION FLOOR PLAN 119 SOUTH SPRING STREET ASP 0' /I� EN. COLORADO DATE OF ISSUE: 7/30/10 ,P11)(170032,2100 (F.E)9m 5VEE TIME:10:06 AM wawa vomnaaras to ACCOMODAIT Mir IF r __.. _— mow m A ' L1ttI 6 . . ■ aM _ 1 .Er01111 ml 111111. ■ III mg: _ �/i ...._ -_ i.;l I 111111 I •-°•-• � 0 p ,�E .gy m • 0 i Ell FOP. RETURNNIR ■■ ■ ■ \11■ Ilk 1511w S CR O Inth 441.1=n1/ 11 l '.."'''''-. i' p E yy� ^ 11 ‘10 il�.� ■■ ■ , � 11 fi E II94i�i ■■ Y I r ln rill. Mat) Lnnr. ■' A u E :1 1 111 i 1iP'. E:AIR,; �.a " • vi • ' Jaw I 1 ■ ■ ■■ t.�ws�ri a '- 14 '. 1 I<■ ■ ■.a■■ ■ ►' ■i 11111 j Si ■a mi na■li F Ea 1 ■ ■'S■ ■ ■t ■■I .; r I; 1Z�QC� ■,I■ ■ ■t 1 ■I w2 Na 0 -- �� I ii �i Ma NEW/ rosmu sow, M w wr ..u5 I a I 11 11 ` n u 1 NSULATION >x� a �? 11 1 1 11 n FLU J ROPOMD Fl OCR P1 AN I POAIO __ _ '' 11 11 .._ I1P. 1 11 Isx x.. O(E) WALL TO0.EMNN 1 I 1 I S 11 11 IMI(E) VENEER WALL TO REMNN A ILL 11 11 It ®NEW WALL Y p M II II J � NEW VENEER WALL NEW SIDEWALL AC DIFFUSER 0 ua�w¢ 7� IS ■' , - ' ' t NEW BIDEWALLAC RETURN NOTE: 1.RIF NEW CAT SIOEWDR RETURN N0. LOCATNNi3A DUCTWORK ATERS1 REQUIRED NP 2 BASEBOARD HEATERS LOCATED ON PLUMBING PLAN O 4 . E1 DESIGNATES EYLSTING 5 RELOCATE E XISTING WALL MOUNT UNIT NUMBER SIGNS PER ASPEN SQUARE MANAGEMENT 5. SEE A -102 FOR NC ^' PROPOSED FLOOR PLAN 'V SCALE: 3/32" = 1-0" 2 ASPEN SQUARE CONDOMINIUMS LOVE REMODEL :: UNIT #125 & #126 S t r y k e r brown Aspen, Colorado 81611 A R C NIT R O T S PROPOSED FLOOR PLAN 11E SOUTH SPRING STREET O� AEPEN DATE OF ISSUE: 7/30/10 (PA) .RN]5g1001FV1.TBN25423. TIME: 10:06 AM _ = = a= >\ \_. = == I II TE tip 11 A; it — I N N II 11 0 H 0 L os N 1,669 GROSS SQ. FT. 1, SCALE: 3/32" = 1' -O" ASPEN SQUARE CONDOMINIUMS LOVE REMODEL :: UNIT #125 & #126 s t r y k e r brown Aspen, Colorado 81611 A R C H I T E C T S GROSS SQ. FOOTAGE CALL. 119 SOUTH SPRING STREET 04 ASPEN, COLORADO 91611 DATE OF ISSUE: 7/30/10 (PN my/254ro (Fa1S]USE44218 TIME: 10:06 AM 1111111 = aac .ae = = _ _ ... it 11 11 H 11 11 11 1 11 11, rF # 11 1 11 11 1 11 1 1 11 11 , 1� � N 1,494 SQ. FT. INTERIOR USABLE SPACE (1) SCALE: 3/32" = 1 -0" ASPEN SQUARE CONDOMINIUMS LOVE REMODEL :: UNIT #125 & #126 stryker brown Aspen, Colorado 81611 ARCHITECTS NETSQ.FOOTAGECALC. 119 SOUTH SPRING STREET OV •SPEN,COLORROO E1E11 DATE OF ISSUE. 7/30/10 (P9) 9799969199 IP9q 9N9E693l9 TIME: 10:06 AM 0 ASPEN SQUARE Condominium Hotel RECEIVED in Downtown Aspen AUG 232010 August 23, 2010 CITY OF ASPEN COMMUNITY DEVELOPMENT Drew Alexander City of Aspen Planning Department 130 S. Galena Street, 3rd Floor Aspen, CO 81611 Affidavit: I have been the General Manager of Aspen Square Condominium Hotel continuously from 1993 until now. To the best of my knowledge, condominiums #125 & #126 have never been occupied by an employee from the time the building was first occupied to the present date. Aspen Square operates an active short-term rental program and to my knowledge both condominiums have been included in our nightly rental business since the building was first opened. They have never seen employee occupancy. (,L you, C. Warren Klug General Manager COUNTY OF PITKIN STATE OF COLORADO The foregoing instrument was acknowledged before me this 4 day of November, 2009. The undersigned officer personally appeared: Warren Klug who acknowledged himself to be the General Manager of Aspen Square Condominium Association, a corporation, confirming that he is authorized to execute the foregoing instrument for the purposes therein contained. � WITNESS my hand and official seal a / /// My Commission Expires: 11 Notary Public O �PRT 4 2 O BARBARA • , MOBTK 617 East Cooper Avenue • Aspen, Colorado 81611 • 970- 925 -1000 • FAX 970 014• 4: 5 0 : E -Mail: info @aspensquarehotel.com On the Web: www.aspensquarehotel.co' OP CO- 1- 800 -TO ASPEN (1 -800- 862 -7736) ANTI .iOCIARE RECEIVED Condominium Hotel AIIG2 in Downtown Aspen CITY OF ASPEN CO1SAUNITY DEVELOPMENT August 20, 2010 Drew Alexander City of Aspen Planning Department 130 S. Galena Street, 3rd Floor Aspen, CO 81611 RE: Aspen Square condominiums #125 and #126 This letter will confirm approval granted by the Aspen Square Condominium Association for the renovation and combination of Aspen Square condominiums #125 and #126 according to plans developed and submitted by the Stryker Brown architectural firm here in Aspen. At the April Association Board Meeting, our Board of Directors was presented with the request for approval of the combining of these two condominiums, and resultant renovation. Conditions were placed on the approval granted, including review of the final plans as prepared by Stryker Brown and approval from a registered engineer. These conditions have been met and we have documentation in hand as required. So, as of this date, approval is confirmed. The Aspen Square Condominium Association has approved the project as planned and as outlined. We understand the city approval process is underway, and it is everyone's intent that construction will start in September coming up with completion by Christmas. The new apartment will remain in Aspen Square's short term rental program. We will be happy to address any remaining questions. Thank you, t(A-- r tC- Warren E. Klug General Manager 617 East Cooper Avenue • Aspen, Colorado 81611 • 970 - 925 -1000 • FAX 970- 925 -1017 E -Mail: info @aspensquarehotel.com On the Web: www.aspensquarehotel.com 1- 800 -TO ASPEN (1- 800- 862-7736) r'1 OtISPIN SQUARE. Condominium Hotel in Downtown Aspen MEMO TO: City of Aspen File FROM: Warren bug August 23, 2010 To the best of my knowledge, condominiums #125 & #126 have never been occupied by an employee from the time the building was first occupied to the present date. I have provided an affidavit to the City of Aspen confirming this information. We have been asked to provide back -up to confirm this information. We have owner rental statements back to 1995 readily available, and a year -end summary is enclosed for each of the two units, #125 and #126, from 1995. These show the rental activity for each unit for the year. With these rental summaries, there is no indication of long term employee occupancy, and with active rental there was no significant stretch of time that either unit would have been available for long term employee occupancy. Records from before 1995 are not readily available. It is clear from the record and from the history of Aspen Square that it has always been operated as a short-term rental property. These units would never have been used for long term employee housing in any way. Year end rental statement summaries on both units are attached for the dates noted. C . 1L--3 Warren E. Klug General Manager 617 East Cooper Avenue • Aspen, Colorado 81611 • 970 - 925 -1000 • FAX 970- 925 -1017 E -Mail: info @aspensquarehotel.com On the Web: www.aspensquarehotel.com 1- 800 -TO ASPEN (1 -800- 862 -7736) s � s ASPEN SQUARE CONDOMINIUM HOTEL 617 EAST COOPER AVENUE RECEIVED ASPEN CO 81611 (970)925 -1000 AUG 2 3 2010 CITY OF ASftN August 23, 2 010 COMMUNITY DEVELOPMENT JANI WOHLGEMUTH ASPEN SQUARE UNIT #126 1040 AVONOAK TERRACE GLENDALE CA 91206 FOR December 1, 2009 TO December 31, 2009 INCOME EXPENSES INCOME: Short Term Rental Revenue 1194.00 Tenant: GONZALEZ 12/05 -12/12 Guest Of Owner 0.00 Guest : SHAY 12/13 -12/19 Short Term Rental Revenue 6510.00 Tenant: RADLEY 12/26 -01 /01 EXPENSES: 12/31/09 Cable & HBO expense 60.57 12/31/09 5% Fund Commission 385.20 12/31/09 Travel Agent /CC Commissions 786.54 12/31/09 % Housekeeping & Laundry Serv. 748.67 12/17/09 Wine for Shay 24.00 12/29/09 Carpet Cleaning 100.00 SUB -TOTAL 7704.00 2104.98 TOTAL 5599.02 SUMMARY: YEAR -TO -DATE CURRENT PERIOD BEGINNING BALANCE 28838.74 RENTAL REVENUE 76228.78 7704.00 5% FUND COMMISSION 3811.44 385.20 HOUSEKEEPING & LAUNDRY SERVICE 7965.15 848.67 TRAVEL AGENT & CC COMMISSIONS 7406.66 786.54 CABLE AND HBO EXPENSE 713.28 60.57 REPAIRS & REFURBISHMENTS 2184.37 0.00 ASSOCIATION ASSESSMENTS 29484.00 0.00 TELEPHONE 0.00 0.00 STAYS IN OTHER UNITS 0.00 0.00 MISCELLANEOUS EXPENSES 24.00 24.00 PAYMENTS FROM OWNER 0.00 0.00 PAYMENTS TO OWNER 27228.79 0.00 ENDING BALANCE 23239.72 Ending Balance is the amount owed to Aspen Square, consequently no check was issued. THANK YOU. ASPEN SQUARE CONDOMINIUM HOTEL 617 EAST COOPER AVENUE ASPEN CO 81611 (970)925 -1000 August 23, 2010 PAGE 2 JANI WOHLGEMUTH ASPEN SQUARE UNIT #126 1040 AVONOAK TERRACE GLENDALE CA 91206 FOR December 1, 2009 TO December 31, 2009 INCOME EXPENSES OCCUPANCY NIGHTS: Reg Owner O /Guest Comp Other Total Occ % THIS PERIOD 13 0 6 0 0 19 61.3 YEAR -TO -DATE 147 4 12 0 0 163 44.7 ASPEN SQUARE CONDOMINIUM HOTEL 617 EAST COOPER AVENUE ASPEN CO 81611 (970)925 -1000 August 23, 2010 JANI WOHLGEMUTH ASPEN SQUARE UNIT #126 1040 AVONOAK TERRACE GLENDALE CA 91206 FOR December 1, 2008 TO December 31, 2008 INCOME EXPENSES INCOME: Pooled Revenue for Dec. 2008 12084.00 Guest Of Owner 0.00 Guest : STEPHAN 12/03 -12/17 EXPENSES: 12/31/08 Cable & HBO expense 48.19 12/31/08 5% Fund Commission 676.70 12/31/08 Travel Agent /CC Commissions 1531.04 12/31/08 % Housekeeping & Laundry Serv. 1085.14 12/17/08 Owner's Housekeeping Service 88.00 SUB -TOTAL 12084.00 3429.07 TOTAL 8654.93 SUMMARY: YEAR -TO -DATE CURRENT PERIOD BEGINNING BALANCE 29305.74 RENTAL REVENUE 101070.00 12084.00 5% FUND COMMISSION 5117.36 676.70 HOUSEKEEPING & LAUNDRY SERVICE 9897.86 1173.14 TRAVEL AGENT & CC COMMISSIONS 9544.03 1531.04 CABLE AND HBO EXPENSE 578.28 48.19 REPAIRS & REFURBISHMENTS 141.17 0.00 ASSOCIATION ASSESSMENTS 29483.00 0.00 TELEPHONE 0.00 0.00 STAYS IN OTHER UNITS 0.00 0.00 MISCELLANEOUS EXPENSES 0.00 0.00 PAYMENTS FROM OWNER 0.00 0.00 PAYMENTS TO OWNER 49607.44 0.00 ENDING BALANCE 20650.81 Ending Balance is the amount owed to Aspen Square, consequently no check was issued. THANK YOU. OCCUPANCY NIGHTS: Reg Owner O /Guest Comp Other Total Occ % THIS PERIOD 0 0 14 0 0 14 45.2 YEAR -TO -DATE 167 8 19 0 0 194 53.0 ASPEN SQUARE CONDOMINIUM HOTEL 617 EAST COOPER AVENUE ASPEN CO 81611 (970)925 -1000 August 23, 2010 JANI WOHLGEMUTH ASPEN SQUARE UNIT #126 1040 AVONOAK TERRACE GLENDALE CA 91206 FOR December 1, 2007 TO December 31, 2007 INCOME EXPENSES INCOME: Guest Of Owner 0.00 Guest : DAY 12/01 -12/06 Short Term Rental Revenue 975.00 Tenant: WOHLGEMUTH 12/06 -12/09 Guest Of Owner 0.00 Guest : URBAN 12/09 -12/13 Short Term Rental Revenue 1789.00 Tenant: PFISTER 12/20 -12/22 Short Term Rental Revenue 9940.00 Tenant: SILVER 12/22 -01 /01 EXPENSES: 12/31/07 Cable & HBO expense 48.19 12/31/07 5% Fund Commission 635.20 12/31/07 Travel Agent /CC Commissions 1309.78 12/31/07 % Housekeeping & Laundry Serv. 1016.32 12/31/07 folio #146747 (see attached) 5.12 12/31/07 Owner's Housekeeping Service 132.15 SUB -TOTAL 12704.00 3146.76 TOTAL 9557.24 ASPEN SQUARE CONDOMINIUM HOTEL 617 EAST COOPER AVENUE ASPEN CO 81611 (970)925 -1000 August 23, 2010 PAGE 2 JANI WOHLGEMUTH ASPEN SQUARE UNIT #126 1040 AVONOAK TERRACE GLENDALE CA 91206 FOR December 1, 2007 TO December 31, 2007 INCOME EXPENSES SUMMARY: YEAR -TO -DATE CURRENT PERIOD BEGINNING BALANCE 26908.91 RENTAL REVENUE 84206.55 12704.00 5% FUND COMMISSION 4210.33 635.20 HOUSEKEEPING & LAUNDRY SERVICE 7987.73 1148.47 TRAVEL AGENT & CC COMMISSIONS 8624.19 1309.78 CABLE AND HBO EXPENSE 578.28 48.19 REPAIRS & REFURBISHMENTS 595.65 0.00 ASSOCIATION ASSESSMENTS 27860.00 0.00 TELEPHONE 0.00 0.00 STAYS IN OTHER UNITS 0.00 0.00 MISCELLANEOUS EXPENSES 52.51 5.12 PAYMENTS FROM OWNER 0.00 0.00 PAYMENTS TO OWNER 36874.81 0.00 ENDING BALANCE 17351.67 Ending Balance is the amount owed to Aspen Square, consequently no check was issued. THANK YOU. OCCUPANCY NIGHTS: Reg Owner O /Guest Comp Other Total Occ % THIS PERIOD 15 0 9 0 0 24 77.4 YEAR -TO -DATE 176 8 24 0 0 208 57.0 ASPEN SQUARE CONDOMINIUM HOTEL 617 EAST COOPER AVENUE ASPEN CO 81611 (970)925 -1000 August 23, 2010 JANI WOHLGEMUTH ASPEN SQUARE UNIT #126 1040 AVONOAK TERRACE GLENDALE CA 91206 FOR December 1, 2006 TO December 31, 2006 INCOME EXPENSES INCOME: UNTAXED STAY 0.00 Owner : WOHLGEMUTH 11/22 -12/02 Guest Of Owner 0.00 Guest : MARSH 12/02 -12/07 Short Term Rental Revenue 885.00 Tenant: WOHLGEMUTH 12/07 -12/10 Guest Of Owner 0.00 Guest : URBAN 12/10 -12/15 Short Term Rental Revenue 7770.00 Tenant: LESLIE 12/16 -12/26 Short Term Rental Revenue 5130.00 Tenant: RADLEY 12/26 -01 /01 EXPENSES: 12/31/06 Cable & HBO expense 48.19 12/31/06 5% Fund Commission 689.25 12/31/06 Travel Agent /CC Commissions 1240.65 12/31/06 % Housekeeping & Laundry Serv. 951.17 12/31/06 Owner's Housekeeping Service 73.65 SUB -TOTAL 13785.00 3002.91 TOTAL 10782.09 ASPEN SQUARE CONDOMINIUM HOTEL 617 EAST COOPER AVENUE ASPEN CO 81611 (970)925 -1000 August 23, 2010 PAGE 2 JANI WOHLGEMUTH ASPEN SQUARE UNIT #126 1040 AVONOAK TERRACE GLENDALE CA 91206 FOR December 1, 2006 TO December 31, 2006 INCOME EXPENSES SUMMARY: YEAR -TO -DATE CURRENT PERIOD BEGINNING BALANCE 25556.81 RENTAL REVENUE 85477.36 13785.00 5% FUND COMMISSION 4273.87 689.25 HOUSEKEEPING & LAUNDRY SERVICE 7512.08 1024.82 TRAVEL AGENT & CC COMMISSIONS 8009.08 1240.65 CABLE AND HBO EXPENSE 578.28 48.19 REPAIRS & REFURBISHMENTS 927.17 0.00 ASSOCIATION ASSESSMENTS 26302.00 0.00 TELEPHONE 0.00 0.00 STAYS IN OTHER UNITS 0.00 0.00 MISCELLANEOUS EXPENSES 18.43 0.00 PAYMENTS FROM OWNER 0.00 0.00 PAYMENTS TO OWNER 33692.03 0.00 ENDING BALANCE 14774.72 Ending Balance is the amount owed to Aspen Square, consequently no check was issued. THANK YOU. OCCUPANCY NIGHTS: Reg Owner O /Guest Comp Other Total Occ °s THIS PERIOD 19 1 10 0 0 30 96.8 YEAR -TO -DATE 206 11 10 0 0 227 62.2 ASPEN SQUARE CONDOMINIUM HOTEL 617 EAST COOPER AVENUE ASPEN CO 81611 (970)925 -1000 August 23, 2010 JANI WOHLGEMUTH ASPEN SQUARE UNIT #126 1040 AVONOAK TERRACE GLENDALE CA 91206 FOR December 1, 2005 TO December 31, 2005 INCOME EXPENSES INCOME: UNTAXED STAY 0.00 Owner : WOHLGEMUTH 12/01 -12/03 Guest Of Owner 0.00 Guest : MARSH 12/03 -12/08 Short Term Rental Revenue 807.00 Tenant: POINDEXTER 12/08 -12/11 Guest Of Owner 0.00 Guest : DAY 12/11 -12/15 Short Term Rental Revenue 5913.90 Tenant: STAROW 12/21 -12/30 Short Term Rental Revenue 1478.00 Tenant: CHAMBERS 12/30 -01 /01 EXPENSES: 12/31/05 Cable & HBO expense 48.19 12/31/05 5% Fund Commission 409.95 12/31/05 Travel Agent /CC Commissions 834.76 12/31/05 % Housekeeping & Laundry Serv. 700.93 12/03/05 RESERVATION #128136 23.31 Phone charges 12/08/05 RESERVATION #128137 12.50 Dry cleaning 12/30/05 A.I.D. 45211 411.84 Install new heat lamp 12/31/05 Owner's Housekeeping Service 71.50 SUB -TOTAL 8198.90 2512.98 TOTAL 5685.92 ASPEN SQUARE CONDOMINIUM HOTEL 617 EAST COOPER AVENUE ASPEN CO 81611 (970)925 -1000 August 23, 2010 PAGE 2 JANI WOHLGEMUTH ASPEN SQUARE UNIT #126 1040 AVONOAK TERRACE GLENDALE CA 91206 FOR December 1, 2005 TO December 31, 2005 INCOME EXPENSES SUMMARY: YEAR -TO -DATE CURRENT PERIOD BEGINNING BALANCE 24625.06 RENTAL REVENUE 70596.29 8198.90 5% FUND COMMISSION 3529.83 409.95 HOUSEKEEPING & LAUNDRY SERVICE 6614.24 772.43 TRAVEL AGENT & CC COMMISSIONS 6251.53 834.76 CABLE AND HBO EXPENSE 578.28 48.19 REPAIRS & REFURBISHMENTS 2208.40 411.84 ASSOCIATION ASSESSMENTS 24595.00 0.00 TELEPHONE 0.00 0.00 STAYS IN OTHER UNITS 0.00 0.00 MISCELLANEOUS EXPENSES 114.41 35.81 PAYMENTS FROM OWNER 0.00 0.00 PAYMENTS TO OWNER 28969.84 0.00 ENDING BALANCE 18939.14 Ending Balance is the amount owed to Aspen Square, consequently no check was issued. THANK YOU. OCCUPANCY NIGHTS: Reg Owner O /Guest Comp Other Total Occ % THIS PERIOD 14 2 9 0 0 25 80.6 YEAR -TO -DATE 194 13 17 0 0 224 61.4 ASPEN SQUARE CONDOMINIUM HOTEL 617 EAST COOPER AVENUE ASPEN CO 81611 (970)925 -1000 August 23, 2010 JANI WOHLGEMUTH ASPEN SQUARE UNIT #126 1040 AVONOAK TERRACE GLENDALE CA 91206 FOR December 1, 2004 TO December 31, 2004 INCOME EXPENSES INCOME: UNTAXED STAY 0.00 Guest : KEARNS 12/01 -12/02 Short Term Rental Revenue 825.00 Tenant: WOHLGEMUTH 12/02 -12/05 UNTAXED STAY 0.00 Owner : WOHLGEMUTH 12/05 -12/12 Guest Of Owner 0.00 Guest : URBAN 12/12 -12/17 Short Term Rental Revenue 777.00 Tenant: COSSOFF 12/19 -12/22 Short Term Rental Revenue 5033.00 Tenant: GOLDBLATT 12/23 -12/30 Short Term Rental Revenue 1390.00 Tenant: BURGE 12/30 -01 /01 EXPENSES: 12/31/04 Cable & HBO expense 48.19 12/31/04 5% Fund Commission 401.25 12/31/04 Travel Agent /CC Commissions 705.13 12/31/04 % Housekeeping & Laundry Serv. 598.42 12/02/04 AMERICAN HOTEL REGISTER 39.46 Two grab bars 12/05/04 RESERVATION #120720 17.50 Dry cleaning 45.75 12/12/04 RESERVATION #120719 Phone charges 12/31/04 REG MOORE 360.00 Amp /computer cable /TV cable repair 12/31/04 Owner's Housekeeping Service 71.50 SUB -TOTAL 8025.00 2287.20 TOTAL 5737.80 ASPEN SQUARE CONDOMINIUM HOTEL 617 EAST COOPER AVENUE ASPEN CO 81611 (970)925 -1000 August 23, 2010 PAGE 2 JANI WOHLGEMUTH ASPEN SQUARE UNIT #126 1040 AVONOAK TERRACE GLENDALE CA 91206 FOR December 1, 2004 TO December 31, 2004 INCOME EXPENSES SUMMARY YEAR -TO -DATE CURRENT PERIOD BEGINNING BALANCE 22411.70 RENTAL REVENUE 64096.91 8025.00 5% FUND COMMISSION 3204.85 401.25 HOUSEKEEPING & LAUNDRY SERVICE 6939.40 669.92 TRAVEL AGENT & CC COMMISSIONS 5490.30 705.13 CABLE AND HBO EXPENSE 568.64 48.19 REPAIRS & REFURBISHMENTS 1613.38 399.46 ASSOCIATION ASSESSMENTS 23827.00 0.00 TELEPHONE 0.00 0.00 STAYS IN OTHER UNITS 0.00 0.00 MISCELLANEOUS EXPENSES 71.75 63.25 PAYMENTS FROM OWNER 0.00 0.00 PAYMENTS TO OWNER 23342.45 0.00 ENDING BALANCE 16673.90 Ending Balance is the amount owed to Aspen Square, consequently no check was issued. THANK YOU. OCCUPANCY NIGHTS: Reg Owner O /Guest Comp Other Total Occ % THIS PERIOD 15 7 6 0 0 28 90.3 YEAR -TO -DATE 183 14 20 0 0 217 59.3 ASPEN SQUARE CONDOMINIUM HOTEL 617 EAST COOPER AVENUE ASPEN CO 81611 (970)925 -1000 August 23, 2010 JANI WOHLGEMUTH ASPEN SQUARE UNIT #126 1040 AVONOAK TERRACE GLENDALE CA 91206 FOR December 1, 2003 TO December 31, 2003 INCOME EXPENSES INCOME: Short Term Rental Revenue 807.00 Tenant: WOHLGEMUTH 12/04 -12/07 UNTAXED STAY 0.00 Owner : WOHLGEMUTH 12/07 -12/14 Short Term Rental Revenue 720.00 Tenant: SCHROEDER 12/17 -12/20 Short Term Rental Revenue 4893.00 Tenant: MOODY IV 12/22 -12/29 Short Term Rental Revenue 2085.00 Tenant: CABOT 12/29 -01 /01 EXPENSES: 12/31/03 % Housekeeping & Laundry Serv. 399.28 12/31/03 Travel Agent /CC Commissions 721.35 12/31/03 5% Fund Commission 425.25 12/31/03 Cable & HBO expense 38.55 12/14/03 RESERVATION #108014 1.25 Fax charges 12/31/03 Owner's Housekeeping Service 46.25 SUB -TOTAL 8505.00 1631.93 TOTAL 6873.07 ASPEN SQUARE CONDOMINIUM HOTEL 617 EAST COOPER AVENUE ASPEN CO 81611 (970)925 -1000 August 23, 2010 PAGE 2 JANI WOHLGEMUTH ASPEN SQUARE UNIT #126 1040 AVONOAK TERRACE GLENDALE CA 91206 FOR December 1, 2003 TO December 31, 2003 INCOME EXPENSES SUMMARY: YEAR -TO -DATE CURRENT PERIOD BEGINNING BALANCE 22586.11 RENTAL REVENUE 65738.00 8505.00 5% FUND COMMISSION 3286.91 425.25 HOUSEKEEPING & LAUNDRY SERVICE 6412.69 445.53 TRAVEL AGENT & CC COMMISSIONS 5521.90 721.35 CABLE AND HBO EXPENSE 462.60 38.55 REPAIRS & REFURBISHMENTS 664.60 0.00 ASSOCIATION ASSESSMENTS 23169.00 0.00 TELEPHONE 0.00 0.00 STAYS IN OTHER UNITS 0.00 0.00 MISCELLANEOUS EXPENSES 1.25 1.25 PAYMENTS FROM OWNER 0.00 0.00 PAYMENTS TO OWNER 25438.35 0.00 ENDING BALANCE 15713.04 Ending Balance is the amount owed to Aspen Square, consequently no check was issued. THANK YOU. OCCUPANCY NIGHTS: Reg Owner O /Guest Comp Other Total Occ % THIS PERIOD 16 7 0 0 0 23 74.2 YEAR -TO -DATE 185 31 5 0 0 221 60.5 ASPEN SQUARE CONDOMINIUM 617 EAST COOPER AVENUE ASPEN CO 81611 (970)925 -1000 January 7, 2003 JANI WOHLGEMUTH ASPEN SQUARE UNIT #126 1040 AVONOAK TERRACE GLENDALE CA 91206 FOR MONTH ENDING December 31, 2002 INCOME EXPENSES INCOME: UNTAXED STAY 0.00 Owner : WOHLGEMUTH 12/01 -12/21 Short Term Rental Revenue 4865.00 Tenant: MOODY IV 12/21 -12/28 Short Term Rental Revenue 499.00 Tenant: BAKER 12/28 -12/29 Short Term Rental Revenue 2085.00 Tenant: ARIAS 12/29 -01 /01 EXPENSES: 12/31/02 % Housekeeping & Laundry Serv. 577.61 12/31/02 Travel Agent /CC Commissions 592.44 12/31/02 5t Fund Commission 372.45 12/31/02 Cable & HBO expense 38.55 12/01/02 RESERVATION #105377 460.32 Stay in Unit 135 12/31/02 Owner's Housekeeping Service 44.00 SUB -TOTAL 7449.00 2085.37 TOTAL 5363.63 ASPEN SQUARE CONDOMINIUM 617 EAST COOPER AVENUE ASPEN CO 81611 (970)925 -1000 January 7, 2003 PAGE 2 JANI WOHLGEMUTH ASPEN SQUARE UNIT #126 1040 AVONOAK TERRACE GLENDALE CA 91206 FOR MONTH ENDING December 31, 2002 INCOME EXPENSES SUMMARY: YEAR -TO -DATE CURRENT PERIOD BEGINNING BALANCE 21857.37 RENTAL REVENUE 57267.00 7449.00 5% FUND COMMISSION 2863.36 372.45 HOUSEKEEPING & LAUNDRY SERVICE 5797.59 621.61 TRAVEL AGENT & CC COMMISSIONS 4424.67 592.44 CABLE AND HBO EXPENSE 462.60 38.55 REPAIRS & REFURBISHMENTS 1365.84 0.00 ASSOCIATION ASSESSMENTS 22289.00 0.00 TELEPHONE 0.00 0.00 STAYS IN OTHER UNITS 0.00 0.00 MISCELLANEOUS EXPENSES 504.72 460.32 PAYMENTS FROM OWNER 0.00 PAYMENTS TO OWNER 0.00 ENDING BALANCE 16493.74 PLEASE REMIT $ 16493.74 TO MAINTAIN YOUR ACCOUNT. THANK YOU. ASPEN SQUARE 617 EAST COOPER ASPEN, CO 81611 WOHLGEMUTH, JANI UNIT # 126 1040 AVONOAK TERRACE STMT DATE: December 31, 2002 GLENDALE, CA 91206 CURRENT YTD GUEST USE DAYS: 11 171 OWNER'S USE DAYS: 20 36 A.., ' ASPEN SQUARE CONDOMINIUM . 617 EAST COOPER AVENUE ASPEN CO 81611 (970)925 -1000 January 9, 2002 JANI WOHLGEMUTH ASPEN SQUARE UNIT #126 1040 AVONOAK TERRACE GLENDALE CA 91206 FOR MONTH ENDING December 31, 2001 INCOME EXPENSES INCOME: 0.00 UNTAXED STAY Owner : WOHLGEMUTH 12/04 -12/13 Short Term Rental Revenue 5012.00 Tenant: MOODY IV 12/20 -12/28 Short Term Rental Revenue 2796.00 Tenant: TOBER 12/28 -01 /01 EXPENSES: 493.47 12/31/01 % Housekeeping & Laundry Serv. 726.14 12/31/01 Travel Agent /CC Commissions 390.40 12/31/01 5% Fund Commission 38.55 12/31/01 Cable & HBO expense 68.00 12/31/01 Owner's Housekeeping Service SUB -TOTAL 7808.00 1716.56 TOTAL 6091.44 SUMMARY: YEAR -TO -DATE CURRENT PERIOD BEGINNING BALANCE 20942.10 RENTAL REVENUE 64130.56 7808.00 5% FUND COMMISSION 3206.53 390.40 HOUSEKEEPING & LAUNDRY SERVICE 5972.24 561.47 TRAVEL AGENT & CC COMMISSIONS 5573.80 726.14 CABLE AND HBO EXPENSE 462.60 38.55 REPAIRS & REFURBISHMENTS - 1970.45 0.00 ASSOCIATION ASSESSMENTS 20615.00 0.00 TELEPHONE 12.03 0.00 STAYS IN OTHER UNITS 0.00 0.00 MISCELLANEOUS EXPENSES 0.00 0.00 PAYMENTS FROM OWNER 0.00 PAYMENTS TO OWNER 0.00 ENDING BALANCE 14850.66 PLEASE REMIT $ 14850.66 TO MAINTAIN YOUR ACCOUNT. THANK YOU. ASPEN SQUARE 617 EAST COOPER ASPEN, CO 81611 WOHLGEMUTH, JANI UNIT # 126 1040 AVONOAK TERRACE STMT DATE: December 31, 2001 GLENDALE, CA 91206 CURRENT YTD GUEST USE DAYS: 12 172 OWNER'S USE DAYS: 9 39 -_-_- '--- ' -_-- - ' 'PEN 3QU8pE CONCOMINIi/M 617 EAST COOPER AVENUE ASP CO 81611 (97O�92�-1V�0 Janusry �1. 2�O1 JANI NOHLGEMUTK ASPEN SQUARE UNIT #125 1040 AYDNOAK TERRACE GLEKPALE CA 91206 FOR MONTH ENDING December 31. 2000 INCOME EXPENSES 0C !�N[AX[D STAY 0.00 Owner : NDHLGEMUTH 12/05-12/06 Guost Of Owner 0,00 Guest : BEST 12/06 81O OO Short Term Rental Revenue Tenant: FRIEN3 12/16-12/19 00 UNTAXED STAY 0,00 [oest : 2;CHAKAN 12/23-01/01 EXPENSES 12/31/00 % Housekeeeino & Laundry Serv. 54.27 12/31/00 Travel Aoent/CC Commissions 75.33 40 5O 12/31/00 57 Fund Ccmpissipn . 12/31/00 Cable and HBO Excense . 5 74 12/14/00 RESERVATION 489631 . Postanp c�aroe 1533 95 12/19/00 ASPEN TILE & BATH Bslance on seaorass carpet 1�4� 50 1 ASPEN TILE & BATH , balance on cranite Pitcher toos 12/31/O0 �wner's �ouse�eeoino Service 70.50 81O 9� 29�5.69 SUP-T�TAL 2155.69 T�T�� ^"'`"",.`^�e,. 17 EAST CU0IER AVENUE Januar; 11� 2001 PAGE 2 JANI NOHLGEhDlH ASPEN SQUARE UNIT 9126 104O AVOKOSK TERRACE GLENDALE CA 91206 FOR MONTH ENDING December 31. 2000 INCOME EXPENSES YEAR-TO-DATE CURRENT PERIOD BEGINNING BALANCE 19978�67 RENTAL REVENUE 55321,02 8:O,0O 5% FUND COMMISSION 2766.O7 4050 HOUSEKEEPING & LAUNDRY SERVICE 6O98.32 124,77 TRAVEL AGENT & CC COMMISSION9 4867,66 7533 CADLE AND HRO EXPENSE �25.8� 35.9S REPAIRS & REFURBISH*ENTS 2683,45 ASSDC[ALI3V 0SCES3NENTS 21083.00 SOO TELEFH9NI 19�28 STA»S TN OTHER UNITS OOO O.CO MISCELLANEOUS EXPENSES PAYMENTS FROM DNNER OO� PA«MEhTS T0 OWNER S�O ENDING BALANCE 22�3�36 PLEASE REMIT $ 22134,36 TO MAINTAIN YOUR ACCOUNT. T vOU. ' ASPEN EOUARF 617 F�S7 C�O�EX ASPEN, CO 81611 UNIT # 126 '91DHLGEMUTH OANI STMT DATE: December' 31. 2000 1040 AVONOAK TERRACE GLENDLE, CA 91206 CURRENT YID ------- ---------- GUEST USE DAYSf! % 169 OWNER'S USE DAYS: 18 48 ��_ _ . A"nEH SQUARE CONDOMINIUM .7 EAST COOPER AVENUE ASPEN CO 81611 (970)925 January 10, 2000 CANT NOHLGEMUTH ASPEN SQUARE UNIT #126 P.O, BOX 9936 GLENDALE CA 91226 FOR MONTH ENDING December 31, 1999 INCOME EXPENSES INCOME: 0.00 UNTAXED STAY Owner : WOHLGEMUTH 12/01 OO Short Term Rental Revenue 807.00 Tenant: NOHLGEMUTH 12/02-12/05 UNTAXED STAY 0.00 Owner : NPHLGEMUTM 12/05-12/17 �S Short Term Rental Revenue 6550.00 Tenant: MOODY IV 12/18-12/28 OO Short Term Rental Revenue 2620.00 Tenant: KRAUS 12/23 5O 9 . Premium Rental Revenue 159.50 EXPENSES 12/31/99 % 603.21 Housekeeping & Laundry Serv^ . O7 12/31/99 Travel Agent/CC Commissions 838.07 12/21/99 5% Fund Commission 498.85 12/31/99 Cable and HBO Expense 33.00 12/06/99 APPLIANCE KARE 66.00 Repair over switch/cleaner �O 12/21/99 Owner's Housekeeping Service 65.00 SUB-TOTAL 10136.50 2104^13 TOTAL 8032.37 _ _, AsL'EN SgUpRE CDNDOMTNIUM , � 7 EAST COOPER AVENUE ASPEN CO 81611 . (q70)925-1000 ` January 10, 2000 PAGE 2 JANI WOHLGEMUTH ASPEN SQUARE UNIT #126 P.O. BOX 9836 GLENDALE CA 91226 FOR MONTH ENDING December 31, 1999 INCOME EXPENSES SUMMARY: YEAR-TO-DATE CURRENT PERIOD BEGINNING BALANCE 19 2 6596 ?O 1O1�6"5O RENTAL REVENUE " 498.85 5% FUND COMMISSION 3290.15 49P ��8 21 KOU| [KEEPING & LAUNDRY SERVICE 5938.61 . n zc 838 �7 TRAVEL AGENT & CC COMMISSIONS 5427.69 . x* S3 OO 337 OO . CABLE AND HBO EXPENSE , - �6 0O AS CABLE 996 83 . REPAIRS & REFURBISHMENTS . .- O OO OO REPAIRS 18744 OO . ASSOCIATION ASSESSMENTS . 0.00 7 22 , TELEPHDNE ` 0.00 0.00 O STAYS IN OTHER UNITS O O OO MISCELLANEOUS EXPENSES 2113.07 . .O7 PAYMENTS FROM OWNER 0.00 0.00 PAYMENTS TO OWNER ENDING BALANCE 11310.15 PLEASE REMIT $ 11310.15 TO MAINTAIN YOUR ACCOUNT. THANK YOU. Please note that AT&T has purchased the cable company, ICI; and AT&T will increase cable fees by 5% starting January 2000. This fee increase will appear on your next statement. --- ^ „ . - 'N ` ASPEN SQUARE ` 617 EAST COOPER ASPEN, CO 81511 UNIT # 126 NOKLG[MUTH HINT. P.O. BOX 9836 STMT DATE: December 31, 1999 GLENDALE, CA 91226 CURRENT YTD ------- ---------- GUEST USE DAYS: 17 200 OWNER'S USE DAYS: 13 48 — CCDFER PVENUh PFH CD 81611 {�7O)9?5-10OO Jaruary �2, �999 ASPEN SDUA�E uwlT 512E �ANI NGHL�EMUTH P 9 8DX �836 GLENDAL[ CO 91226 FD� MD�TH EKDI�G �ecem�er 3�, 1998 INCOME EXPFNSES ;HTPXED STA �uest : C�LO�TE �2/O� 777 ^ OC Ehor� Terp ReoCz� �pvenue Trr�mt: N0HLCEMUTH 12/02 O,C� �`pst �f Ownpr �upst : JE�NINGS l2/;6-�2/C9 o�� Gopst O� Dwrpr G.'est BEY 12/O9-12/17 625� C0 S�nr� �erm �ental �evenue 12/22 - 0:t./01 12/31/98 % Hu'�se�ee�irp & Laxn�ry Srr` 12/31/9� �"avel u�pnt/CC Cnmn�ssnns cO VV ��/31/98 Ca�le and HBG �»��»se 99 5C 12/Jl/98 Ownpr's ��rso�eepi:� Sprvire O,25 ��/3�/9R T[L�p�OwE ��PRGES RE-3H�`.HArlDh #73R9l. 10 2i 1�/3"/�9 ci'or�r � t��eohcne resz'va�icn #7�675 707 C.(' S,�BTDr�i r;T�/ ■ r., E FENS E FE [. E II NNTN F3 B LEN i 1 ti 1:.; BE •TE1 R ENE NilE r , L.) . ---........ • . . ...• ..-.. e . N :Ur UEE OPYS 1? 12 GE .”. • „ •. • •. • . -----•-•-• ••• - , , 3 •:.., ,•• .. : „ -• ...- .... ,-. r...--, , . ;..,..: ,. F.: -...-, , i, ,.... s :::, ,:•.. 'S -:-..., i ., ,:-....-:: ...::: .: ....., 1. -... .., ..., .......: . ..: ., .., y .. .... LI, ;.--::: ... ....... E c !•.E. I ..:-.L.; .....) ::: ::::, ,::':, -., -. ..- .. ,.... ... --.. -..... :-.- :..-. ir. ;.-.. ::-.-:: .--, IT. .1.-,- . :•.,-: .....? ., r_. ,...-, I: . fl-. ,:-, ..: ,7 .,. ,..... '.. 72....' 2. 2 •-• C .." -•-) : ..- ...., ... 17 ..... z.....-..- c . - - r - .....' . 1 ...:1' ...- -.H.HT Th: i i 1: :,..L . H......- - /: ,......... •:-•o ,. -........; .,, - 7 .,.;........: .:, .. c...:: -------- • • • - . ... ....................— . — , • .,............. „„ . Y.: "...: * ri .....;! 1:: ■:-: 1 .:. ',. ::' r• f.:. yi, ',. H • ":.. !•••• .... 1 .:. {:; ,', fi'...L ....•:! 17 .... , ,.:::., 0 :::, r;:.H.:::: c .: i,•. t',) „.: ,..... 4 ....- _ „. :.-. • t r„. ,-.-.'„ „ t 2 ..r ? ,.....-., :,‘,, . ‘. • ::.: /. , ,'''', ASPEN SQUARE CONDOMINIUM HOTEL 617 EAST COOPER AVENUE RC'^��,,� ASPEN CO 81611 „ G y (970) 925 -1000 AUG 2 3 2010 Cine OF C fg � , rd August 23, 2010 TY DE V ELOPMENT MICHAEL & NOLA M. KEENAN ASPEN SQUARE UNIT #125 1075 DUVAL STREET C -21 PMB 238 KEY WEST FL 33040 FOR December 1, 2009 TO December 31, 2009 INCOME EXPENSES INCOME: 209.00 Short Term Rental Revenue Tenant: MARCIL 12/05 -12/06 4770.00 Short Term Rental Revenue Tenant: DEBBAN 12/26 -01 /01 EXPENSES: 49.07 12/31/09 Cable & HBO expense 248.95 12/31/09 5% Fund Commission 508.33 12/31/09 Travel Agent /CC Commissions 483.85 12/31/09 % Housekeeping & Laundry Serv. 85.00 12/29/09 Carpet Cleaning SUB -TOTAL 4979.00 1375.20 TOTAL 3603.80 SUMMARY: YEAR -TO -DATE CURRENT PERIOD BEGINNING BALANCE 23461.18 RENTAL REVENUE 58577.60 4979.00 5% FUND COMMISSION 2928.89 248.95 HOUSEKEEPING & LAUNDRY SERVICE 6997.86 568.85 TRAVEL AGENT & CC COMMISSIONS 5786.49 508.33 CABLE AND HBO EXPENSE 580.21 49.07 REPAIRS & REFURBISHMENTS 12207.87 0.00 ASSOCIATION ASSESSMENTS 22955.00 0.00 TELEPHONE 0.00 0.00 STAYS IN OTHER UNITS 0.00 0.00 MISCELLANEOUS EXPENSES 160.00 0.00 PAYMENTS FROM OWNER 0.00 0.00 PAYMENTS TO OWNER 7446.93 0.00 ENDING BALANCE 19857.38 Ending Balance is the amount owed to Aspen Square, consequently no check was issued. THANK YOU. OCCUPANCY NIGHTS: Reg Owner O /Guest Comp Other Total Occ % THIS PERIOD 7 0 0 0 0 7 22.6 YEAR -TO -DATE 158 0 0 0 0 158 43.3 ASPEN SQUARE CONDOMINIUM HOTEL 617 EAST COOPER AVENUE ASPEN CO 81611 (970)925 -1000 August 23, 2010 MICHAEL & NOLA M. KEENAN ASPEN SQUARE UNIT #125 1075 DUVAL STREET C -21 PMB 238 KEY WEST FL 33040 FOR December 1, 2008 TO December 31, 2008 INCOME EXPENSES INCOME: 7669.00 Pooled Revenue for Dec. 2008 EXPENSES: 40.48 12/31/08 Cable & HBO expense 429.46 12/31/08 5% Fund Commission 971.66 12/31/08 Travel Agent /CC Commissions 688.68 12/31/08 % Housekeeping & Laundry Serv. 1298.00 12/21/08 37" Samsung LCD TV /Parts /Labor 918.50 12/21/08 26" Samsung LCD TV /Parts /Labor SUB -TOTAL 7669.00 4346.78 TOTAL 3322.22 SUMMARY: YEAR -TO -DATE CURRENT PERIOD BEGINNING BALANCE 22693.95 RENTAL REVENUE 75546.20 7669.00 5% FUND COMMISSION 3814.96 429.46 HOUSEKEEPING & LAUNDRY SERVICE 8520.28 688.68 TRAVEL AGENT & CC COMMISSIONS 7143.88 971.66 CABLE AND HBO EXPENSE 485.76 40.48 REPAIRS & REFURBISHMENTS 2216.50 2216.50 ASSOCIATION ASSESSMENTS 22956.00 0.00 TELEPHONE 0.00 0.00 STAYS IN OTHER UNITS 0.00 0.00 MISCELLANEOUS EXPENSES 160.00 0.00 PAYMENTS FROM OWNER 0.00 0.00 PAYMENTS TO OWNER 36638.68 0.00 ENDING BALANCE 19371.73 Ending Balance is the amount owed to Aspen Square, consequently no check was issued. THANK YOU. OCCUPANCY NIGHTS: Reg Owner 0 /Guest Comp Other Total Oc0.0 THIS PERIOD 0 0 0 0 0 YEAR -TO -DATE 182 0 0 2 0 184 50.3 ASPEN SQUARE CONDOMINIUM HOTEL 617 EAST COOPER AVENUE ASPEN CO 81611 (970)925 -1000 August 23, 2010 MICHAEL & NOLA M. KEENAN ASPEN SQUARE UNIT #125 1075 DUVAL STREET C -21 PMB 238 KEY WEST FL 33040 FOR December 1, 2007 TO December 31, 2007 INCOME EXPENSES INCOME: 189.00 Short Term Rental Revenue Tenant: LORENZEN 12/01 -12/02 1785.00 Short Term Rental Revenue Tenant: BOUTON 12/05 -12/12 570.00 Short Term Rental Revenue Tenant: RUBIN 12/12 -12/15 255.00 Short Term Rental Revenue Tenant: COHEN 12/15 -12/16 4434.00 Short Term Rental Revenue Tenant: HARDINGE 12/23 -12/29 2217.00 Short Term Rental Revenue Tenant: THOMAS 12/29 -01 /01 EXPENSES: 40.48 12/31/07 Cable & HBO expense 472.50 12/31/07 5% Fund Commission 974.30 12/31/07 Travel Agent /CC Commissions 756.00 12/31/07 % Housekeeping & Laundry Serv. SUB -TOTAL 9450.00 2243.28 TOTAL 7206.72 ASPEN SQUARE CONDOMINIUM HOTEL 617 EAST COOPER AVENUE ASPEN CO 81611 (970)925 -1000 August 23, 2010 PAGE 2 MICHAEL & NOLA M. KEENAN ASPEN SQUARE UNIT #125 1075 DUVAL STREET C -21 PMB 238 KEY WEST FL 33040 FOR December 1, 2007 TO December 31, 2007 INCOME EXPENSES SUMMARY: YEAR -TO -DATE CURRENT PERIOD BEGINNING BALANCE 20188.59 RENTAL REVENUE 68638.12 9450.00 5% FUND COMMISSION 3431.92 472.50 HOUSEKEEPING & LAUNDRY SERVICE 6790.32 756.00 TRAVEL AGENT & CC COMMISSIONS 6935.87 974.30 CABLE AND HBO EXPENSE 485.76 40.48 REPAIRS & REFURBISHMENTS 386.00 0.00 ASSOCIATION ASSESSMENTS 21691.00 0.00 TELEPHONE 0.00 0.00 STAYS IN OTHER UNITS 0.00 0.00 MISCELLANEOUS EXPENSES 564.39 0.00 PAYMENTS FROM OWNER 0.00 0.00 0.00 PAYMENTS TO OWNER ENDING BALANCE 12981.87 Ending Balance is the amount owed to Aspen Square, consequently no check was issued. THANK YOU. OCCUPANCY NIGHTS: Reg Owner O /Guest Comp Other Total Occ % THIS PERIOD 21 0 0 0 0 21 67.7 YEAR -TO -DATE 214 5 0 0 0 219 60.0 ASPEN SQUARE CONDOMINIUM HOTEL 617 EAST COOPER AVENUE ASPEN CO 81611 (970)925 -1000 August 23, 2010 PAGE 2 MICHAEL & NOLA M. KEENAN ASPEN SQUARE UNIT #125 1075 DUVAL STREET C -21 PMB 238 KEY WEST FL 33040 FOR December 1, 2006 TO December 31, 2006 INCOME EXPENSES SUMMARY: YEAR -TO -DATE CURRENT PERIOD BEGINNING BALANCE 19084.87 RENTAL REVENUE 67263.92 11005.00 5% FUND COMMISSION 3363.21 550.25 HOUSEKEEPING & LAUNDRY SERVICE 6609.74 759.35 TRAVEL AGENT & CC COMMISSIONS 6267.62 990.45 CABLE AND HBO EXPENSE 485.76 40.48 REPAIRS & REFURBISHMENTS 625.00 0.00 ASSOCIATION ASSESSMENTS 20478.00 0.00 TELEPHONE 0.00 0.00 STAYS IN OTHER UNITS 0.00 0.00 MISCELLANEOUS EXPENSES 194.00 0.00 PAYMENTS FROM OWNER 0.00 0.00 PAYMENTS TO OWNER 28007.69 0.00 ENDING BALANCE 10420.40 Ending Balance is the amount owed to Aspen Square, consequently no check was issued. THANK YOU. OCCUPANCY NIGHTS: Reg Owner O /Guest Comp Other Total Occ % THIS PERIOD 24 0 0 0 0 24 77.4 YEAR -TO -DATE 233 0 0 0 0 233 63.8 ASPEN SQUARE CONDOMINIUM HOTEL 617 EAST COOPER AVENUE ASPEN CO 81611 (970)925 -1000 August 23, 2010 MICHAEL & NOLA M. KEENAN ASPEN SQUARE UNIT #125 1075 DUVAL STREET C -21 PMB 238 KEY WEST FL 33040 FOR December 1, 2005 TO December 31, 2005 INCOME EXPENSES INCOME: 900.00 Short Term Rental Revenue Tenant: RINGHAM 12/01 -12/05 2484.00 Short Term Rental Revenue Tenant: SPELLACY 12/18 -12/24 4123.00 Short Term Rental Revenue Tenant: MESHEL 12/25 -01 /01 EXPENSES: 40.48 12/31/05 Cable & HBO expense 375.35 12/31/05 5% Fund Commission 764.32 12/31/05 Travel Agent /CC Commissions 641.78 12/31/05 % Housekeeping & Laundry Serv. SUB -TOTAL 7507.00 1821.93 TOTAL 5685.07 SUMMARY: YEAR -TO -DATE CURRENT PERIOD BEGINNING BALANCE 17338.37 RENTAL REVENUE 56528.88 7507.00 5% FUND COMMISSION 2826.45 375.35 HOUSEKEEPING & LAUNDRY SERVICE 5956.37 641.78 TRAVEL AGENT & CC COMMISSIONS 5145.84 764.32 CABLE AND HBO EXPENSE 485.76 40.48 REPAIRS & REFURBISHMENTS 513.00 0.00 ASSOCIATION ASSESSMENTS 19149.00 0.00 TELEPHONE 0.00 0.00 STAYS IN OTHER UNITS 0.00 0.00 MISCELLANEOUS EXPENSES 1067.75 0.00 PAYMENTS FROM OWNER 0.00 0.00 PAYMENTS TO OWNER 20660.72 0.00 ENDING BALANCE 11653.30 Ending Balance is the amount owed to Aspen Square, consequently no check was issued. THANK YOU. OCCUPANCY NIGHTS: Reg Owner O /Guest Comp Other Total Occ % THIS PERIOD 17 0 0 0 0 17 54.8 YEAR -TO -DATE 214 7 0 0 0 221 60.5 ASPEN SQUARE CONDOMINIUM HOTEL 617 EAST COOPER AVENUE ASPEN CO 81611 (970)925 -1000 August 23, 2010 MICHAEL & NOLA M. KEENAN ASPEN SQUARE UNIT #125 1075 DUVAL STREET C -21 PMB 238 KEY WEST FL 33040 FOR December 1, 2006 TO December 31, 2006 INCOME EXPENSES INCOME: 1000.00 Short Term Rental Revenue Tenant: RINGHAM 11/28 -12/03 600.00 Short Term Rental Revenue Tenant: RUBIN 12/08 -12/11 1195.00 Short Term Rental Revenue Tenant: ELGIN 12/11 -12/16 2315.00 Short Term Rental Revenue Tenant: CRYSTAL 12/18 -12/23 5895.00 Short Term Rental Revenue Tenant: PHILLIPS 12/23 -01 /01 EXPENSES: 40.48 12/31/06 Cable & HBO expense 550.25 12/31/06 5% Fund Commission 990.45 12/31/06 Travel Agent /CC Commissions 759.35 12/31/06 % Housekeeping & Laundry Serv. SUB -TOTAL 11005.00 2340.53 TOTAL 8664.47 •1 ASPEN SQUARE CONDOMINIUM HOTEL 617 EAST COOPER AVENUE ASPEN CO 81611 (970)925 -1000 August 23, 2010 MICHAEL & NOLA M. KEENAN ASPEN SQUARE UNIT #125 1075 DUVAL STREET C -21 PMB 238 KEY WEST FL 33040 FOR December 1, 2004 TO December 31, 2004 INCOME EXPENSES INCOME: 350.00 Short Term Rental Revenue Tenant: ROSE 12/05 -12/07 525.00 Short Term Rental Revenue Tenant: PUJOL 12/15 -12/18 3474.00 Short Term Rental Revenue Tenant: HOFFMAN 12/23 -12/29 1737.00 Short Term Rental Revenue Tenant: ROTH 12/29 -01 /01 EXPENSES: 40.48 12/31/04 Cable & HBO expense 304.30 12/31/04 5% Fund Commission 534.76 12/31/04 Travel Agent /CC Commissions 453.83 12/31/04 % Housekeeping & Laundry Serv. 75.00 11/30/04 FOUR SEASONS Clean carpet SUB -TOTAL 6086.00 1408.37 TOTAL 4677.63 ASPEN SQUARE CONDOMINIUM HOTEL 617 EAST COOPER AVENUE ASPEN CO 81611 (970)925 -1000 August 23, 2010 PAGE 2 MICHAEL & NOLA M. KEENAN ASPEN SQUARE UNIT #125 1075 DUVAL STREET C -21 PMB 238 KEY WEST FL 33040 FOR December 1, 2004 TO December 31, 2004 INCOME EXPENSES SUMMARY: YEAR -TO -DATE CURRENT PERIOD BEGINNING BALANCE 17054.92 RENTAL REVENUE 49399.19 6086.00 5% FUND COMMISSION 2469.96 304.30 HOUSEKEEPING & LAUNDRY SERVICE 5562.78 453.83 TRAVEL AGENT & CC COMMISSIONS 4275.54 534.76 CABLE AND HBO EXPENSE 483.83 40.48 REPAIRS & REFURBISHMENTS 811.00 75.00 ASSOCIATION ASSESSMENTS 18551.00 0.00 TELEPHONE 0.00 0.00 STAYS IN OTHER UNITS 0.00 0.00 MISCELLANEOUS EXPENSES 260.80 0.00 PAYMENTS FROM OWNER 0.00 0.00 PAYMENTS TO OWNER 17898.76 0.00 ENDING BALANCE 12377.29 Ending Balance is the amount owed to Aspen Square, consequently no check was issued. THANK YOU. OCCUPANCY NIGHTS: Reg Owner O /Guest Comp Other Total Occ % THIS PERIOD 14 0 0 0 0 14 45.2 YEAR -TO -DATE 183 2 0 0 0 185 50.5 rbk ASPEN SQUARE CONDOMINIUM HOTEL 617 EAST COOPER AVENUE ASPEN CO 81611 (970)925 -100 August 23, 2010 MICHAEL & NOLA M. KEENAN ASPEN SQUARE UNIT #125 1075 DUVAL STREET C -21 PMB 238 KEY WEST FL 33040 FOR December 1, 2003 TO December 31, 2003 INCOME EXPENSES INCOME: 687.00 Short Term Rental Revenue Tenant: PLATT 12/06 -12/09 1145.00 Short Term Rental Revenue Tenant: TISDALE 12/15 -12/20 1782.00 Short Term Rental Revenue Tenant: WALLACE 12/22 -12/25 4053.00 Short Term Rental Revenue Tenant: BERMAN 12/25 -01 /01 EXPENSES: 359.94 12/31/03 % Housekeeping & Laundry Serv. 650.28 12/31/03 Travel Agent /CC Commissions 383.35 12/31/03 5% Fund Commission 38.55 12/31/03 Cable & HBO expense 7667.00 1432.12 SUB-TOTAL 6234.88 TOTAL SUMMARY: YEAR -TO -DATE CURRENT PERIOD BEGINNING BALANCE 17697.69 RENTAL REVENUE 26205.50 7667.00 5% FUND COMMISSION 1310.28 383.35 HOUSEKEEPING & LAUNDRY SERVICE 2871.22 359.94 TRAVEL AGENT & CC COMMISSIONS 1655.42 650.28 CABLE AND HBO EXPENSE 308.40 38.55 REPAIRS & REFURBISHMENTS 410.14 0.00 ASSOCIATION ASSESSMENTS 18038.00 0.00 TELEPHONE 0.00 0.00 STAYS IN OTHER UNITS 0.00 0.00 MISCELLANEOUS EXPENSES 150.00 0.00 PAYMENTS FROM OWNER 0.00 0.00 PAYMENTS TO OWNER 12924.85 0.00 ENDING BALANCE 11462.81 Ending Balance is the amount owed to Aspen Square, consequently no check was issued. THANK YOU. ASPEN SQUARE CONDOMINIUM HOTEL 617 EAST COOPER AVENUE ASPEN CO 81611 (970)925 -1000 August 23, 2010 PAGE 2 MICHAEL & NOLA M. KEENAN ASPEN SQUARE UNIT #125 1075 DUVAL STREET C -21 PMB 238 KEY WEST FL 33040 FOR December 1, 2003 TO December 31, 2003 INCOME EXPENSES OCCUPANCY NIGHTS: Reg Owner O /Guest Comp Other Total Occ % THIS PERIOD 18 0 0 0 0 18 58.1 YEAR -TO -DATE 114 0 0 0 0 114 31.2 ASPEN SQUARE CONDOMINIUM 617 EAST COOPER AVENUE ASPEN CO 81611 (970)925 -1000 January 7, 2003 DENNIS & DOROTHY V DUNN ASPEN SQUARE UNIT #125 705 Ridge Road Orwigsburg PA 17961 -2221 FOR MONTH ENDING December 31, 2002 INCOME EXPENSES INCOME: Short Term Rental Revenue 318.00 Tenant: SNYDER 12/15 -12/17 Short Term Rental Revenue 1695.00 Tenant: KASPAR 12/26 -12/29 425.00 Short Term Rental Revenue Tenant: KASSOUF 12/29 -12/30 Short Term Rental Revenue 1130.00 Tenant: BURROUGHS 12/30 -01 /01 EXPENSES: 276.67 12/31/02 1 Housekeeping & Laundry Serv. 273 67 12/31/02 Travel Agent /CC Commissions 178.40 12/31/02 51 Fund Commission 38.55 12/31/02 Cable & HBO expense SUB -TOTAL 3568.00 777.39 TOTAL 2790.61 SUMMARY: YEAR -TO -DATE CURRENT PERIOD BEGINNING BALANCE 0.00 RENTAL REVENUE 36338.50 3568.00 51 FUND COMMISSION 1816.93 178.40 HOUSEKEEPING & LAUNDRY SERVICE 4253.12 276.67 TRAVEL AGENT & CC COMMISSIONS 2918.58 283.77 CABLE AND HBO EXPENSE 462.60 38.55 REPAIRS & REFURBISHMENTS 393.74 0.00 ASSOCIATION ASSESSMENTS 0.00 0.00 TELEPHONE 0.00 0.00 STAYS IN OTHER UNITS 0.00 0.00 MISCELLANEOUS EXPENSES 250.00 0.00 PAYMENTS FROM OWNER 0.00 PAYMENTS TO OWNER 0.00 CHECK ENCLOSED FOR 2790.61 ENDING BALANCE 0.00 . .... _.... ASPEN SQUARE 617 EAST COOPER ASPEN, CO 81611 DUNN, DENNIS & DOROTHY V UNIT # 125 705 Ridge Road STMT DATE: December 31, 2002 Orwigsburg, PA 17961 -2221 CURRENT YTD GUEST USE DAYS: 8 152 OWNER'S USE DAYS: 0 36 ASPEN SQUARE CONDOMINIUM • 617 EAST COOPER AVENUE ASPEN CO 81611 (970)925 -1000 January 9, 2002 DENNIS & DOROTHY V DUNN ASPEN SQUARE UNIT #125 705 Ridge Road Orwigsburg PA 17961 -2221 FOR MONTH ENDING December 31, 2001 INCOME EXPENSES INCOME: 3715.00 Short Term Rental Revenue Tenant: GALLEGOS 12/21 -12/28 1800.00 Short Term Rental Revenue Tenant: SLAINE 12/28 -01 /01 EXPENSES: 348.55 12/31/01 % Housekeeping & Laundry Serv. 512.90 12/31/01 Travel Agent /CC Commissions 275.75 12/31/01 5% Fund Commission 38.55 12/31/01 Cable & HBO expense SUB -TOTAL 5515.00 1175.75 TOTAL 4339.25 SUMMARY: YEAR -TO -DATE CURRENT PERIOD BEGINNING BALANCE 0.00 RENTAL REVENUE 47235.50 5515.00 5% FUND COMMISSION 2361.78 275.75 HOUSEKEEPING & LAUNDRY SERVICE 5032.66 348.55 TRAVEL AGENT & CC COMMISSIONS 4132.41 512.90 CABLE AND HBO EXPENSE 462.60 38.55 REPAIRS & REFURBISHMENTS 714.00 0.00 ASSOCIATION ASSESSMENTS 0.00 0.00 TELEPHONE 138.98 0.00 STAYS IN OTHER UNITS 0.00 0.00 MISCELLANEOUS EXPENSES 250.00 0.00 PAYMENTS FROM OWNER 0.00 0.00 PAYMENTS TO OWNER 4339.25 CHECK ENCLOSED FOR ENDING BALANCE 0.00 ASPEN SQUARE 617 EAST COOPER ASPEN, CO 81611 DUNN, DENNIS & DOROTHY V UNIT # 125 705 Ridge Road STMT DATE: December 31, 2001 Orwigsburg, PA 17961 -2221 CURRENT YTD GUEST USE DAYS: 11 184 OWNER'S USE DAYS: 0 37 STEN SOT CCN0OM �17 EAST C[/OP�R AYENUE ASPEN C� 9161� Janary 11 2O01 DENNIS & DOROTHY V DUuN ASPEN SQUARE UNIT #125 7O5 �idoe Rna� �rwiosbxro PA 17961-222 FOR MONTH ENDING December 31. 2000 INCOME EXPENSES SO Short Term Rental Revenue 412.00 Tenant: MCCASHIN 12/01 �O Short Term Reotal Revenue 225 .00 Tenant: FABER 12/06- 0O Short Term Rental Revenue 722.00 Tenant: PELSTAD 12/14 0� Short Term Rental Revenue 580.00 Tenant: 1;OSSOFF 12/12 Mont Term Reota 519 OO � l Revenue Tenant: 38MES 12/23 short Terri 4S92 0O Rental Revenue . Tenant: 12/24-01/01 EX�FNSES� 512 2C Housekeeoinc 8 Lan -46v Se'v. 711 . O8 �2/3]/C� Travel Aoent/CC Cowmis��cns � 12/31/00 3 n 82 30 En vie Co Comm�ssicn 12/31/O0 Cable end HBO Exsensc 1111 9�OV �REEK 4O 00 SIDE FABRlC CARE . C�ean �eddino ROB -10'01_ t 764.0O 1581.56 TOTAL 5964.44 ^9PEN SQi�ARE �ONi)OM�NI\�M �!7 EAS7 C0OPER A;EN�E PSPL] CP 8l�11 - January 11. 2001 PAGE 2 DENIS & DOROTHY DUNN ASPEN SQUARE MIT #125 7�5 �i�ne Kna� Orw�osbvro P� l7?61 222l FOR MONTH ENDING December 31. 2000 INCOME EXPENSES YEAF -TS -DATE CURRENT PERIOD 000 8EGINNINO BALANCE 943 55 8O 7t46 0 RENTAL REVENUE � � . 19 3O 382 5% FUND COMMISSION 2797 5l� 28 HOUSEKEEPING & LAUNDRY SERVICE 711 08 TRAVEL. AGENT & [� �O�MISSIC@S 49On.21 C '«*, 35,90 -� 425 8S ` AB�E �N[ HRC EXPENSE . 40 O� � R 2��93 03 REPAIRS & REF�9��S�ME�TS . 0. OO - O OO CSSOCI��'UN PSSESSMEN�S � - � OC OC TELEPHC*E O - O�O� 0.00 �TAYS IN OTH�R UVITS . O �O 15O OO . MlSCELLANEOUS EXPENSES PAYMENTS FROM OWNER 0.00 P8sKFATS TO OWNER 5964.44 CHECK ENCLOSED FOR E��I�G BALANCE � -________ - — ' - ASPEN SCUARE 617 EAST C08RER ASPEN. CO 81611 DuxN DENNIS 8 DOROTHY Y UNIT # 125 � 705 R1doe Road STMT DATE: December 31. 2000 Orwiob`/rd. PA 17961-2Z21 CURRENT YTD ------- --------- D11E3T USE DAYS: 24 219 OWNER'S USE DAYS: O 15 _-- � � '�. C sEN SQUARE CONDOMINIUM .17 EAST COOPER AVENUE ASPEN CO 81611 (970)925 ` January 10, 2000 DENNIS & DOROTHY V DUNN ASPEN SQUARE UNIT #125 705 Ridge Read Orwigshurg PA 17961 FOR MONTH ENDING December 31, 1999 INCOME EXPENSES INCOME; OO 36 . Short Term Rental Revenue R Tenant: 88RNHILL 12/02-12/06 OO 879 . Short Term Rental Revenue 3879.00 Tenant: EAGAN** 12/17-12/24 00 75 . Short Term Rental Revenue 36 Tenant: PUFFIN 12/25-01/01 Premium Rental Revenue 159.50 EXPENSES: 5O7 " 26 12/31/99 % Housekeeping & Laundry Serv^ 76 12/31/99 Travel Agent/CC Commissions 704.74 12/31/99 5% Fund Commission 419.50 12/31/99 Cable and HBO Expense PAYMENTS: O3 6 . 12/27/99 Payment from Owner 73 SU8-T0TAL 9285.53 1664.52 TOTAL 7621.01 SUMMARY: YEAR-TO-DATE CURRENT PERIOD BEGINNING BALANCE 736.03 7 4943 6O 8549.5O RENTAL REVENUE ^ 419.50 5% FUND COMMISSION 2462.91 419 HOUSEKEEPING & LAUNDRY SERVICE 5356.75 507.26 7O4 76 TRAVEL AGENT & CC COMMISSIONS 4218"22 . �»'` 3? oO - 387 OO . CABLE AND HBO EXPENSE ^ -- 0 O3 A - --- 7�31 39 . REPAIRS & REFURBISHMENTS . O OO 0O '- � CO ^ ASSOCIATION ASSESSMENTS . O ---� 12 65 0. 00 � 0.00 SO y STAYS IN OTHER UNITS 0.00 0.00 MISCELLANEOUS EXPENSES 186.82 O? PAYMENTS FROM OWNER 736.03 PAYMENTS TO OWNER 0.00 6884.99 CHECK ENCLOSED FOR ENDING BALANCE 0,00 Please note that AT&T hap purchased the cable company, ICI: and AT&T will increase cable fees by 5% starting January 2000" This fee increase will appear on your next statement" � '- - — — ~. ASPEN SQUARE ` 617 EAST COOPER ASPEN, CO 81611 DUNN DENNIS & DOROTHY V UNIT # 125 ' 705 Ridge Road STMT PATE: December 31, 1999 Vrwigsb,ro, PA 17961-2221 CURRENT YTD GUEST USE DAYS: 18 188 OWNER'S USE DAYS: 0 29 6�' [�ST C[|PF�R AYE�UE • ASPEN CO P1611 Ja�x�ry 12 �999 Cernis G. & 0ort�� V Cunn ASPEN SQUARE NCI #1Io Drwi�sbxrg Y� �79[�-2221 FOR MONTH EKDIKE December 31' 1998 IpC0ME EXPENSES I�CYM�� |197 0O Short Term Rental Revenue ^ Tcnvnt: �EZ4I 12/2� EXPENSES': 74.85 �2/3�/9B 5� F,n� Cn�m�ssicn � 5 g2 � 12/31'�� % Housekeepin� & La,ndry Ser� l34 � S4 �2/n1/9� Trave� Apert/CC �ommissions - 3OOO 12/3�/9C Cab`e pnd H�� [xPense 1O0O �2'�1/98 Creeks��e ipvn�ry bedcc�pr�n?s cleane6 23O6.67 �2/21/n8 Anerican Express �itchen cnb�oets 49.42 �2/%1/98 Eeo"�e T. Spnders, Co p�»sbj�p �,po�ies 135�O ��/3�/99 Construc�inn C�ea� 2�562 12'3�!98 Chri�t� P�lazzi wa��paper bpth ki+c�en � ��n�n� rm ��73OO �2/3�/?BFine�ineF�o`s� rab�cpt xrr\ 3117 15 �2/3l/�8 S�`i�oh Cnnst~�ction Cn ca�i°ets !?/3�,�8 �a�o� doo's. trin, �'eatccvers and 319.�O �asebcards 225.00 �2/�1/9� cortr�ctor �o��n� e»»cnse 48OOO �2/21/98 �rime ;re� an� n��rt k�tchen ceil�n� and trin P4Y�E1`S� �2/S�/9E �ay�ent +ron Owner 5O7G26 �Y099O7 ��B-T0r�L 5O7.O, ��r�L P OUE Mfl' )ec?mbcr 21. 1379 0-00 TE cuFP:.INT PERIOD PISMuE: 679,3.38 FUHD 21 / & .!PUNDRv SERYTPr CPDLE PND P90 EIXDP..2E 3 E 0 0 3C.00 PFSURRISHMENTS 1 399.a 1 9062. 67 •H•'E9 09110 u nO 4 • . _______......... ..!-.,!'!.. ..1 "f• r, - -.. - .... - - - -....„ ........_ _. -. 0 ____. _____ , ........ , ......„.. „,„ ......-..., • - ...„.____......... ,,:„.„ :. L • .., i •- • -• .!--, p i .:. i , .J {- ;•• ,? ,;„-H ,•:. i„., :.-„, ••-..) ,, f...„;') .. T.„ I -.5 ::::: . 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