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HomeMy WebLinkAboutcoa.lu.sm.Lixiviation.14A-86 City of Aspen /1jJ/ ,iv-5,0 s DATE RECE IV EDT0--( t`C, O . r CA. NO. di/ _�0 DATE RECEIVED CQN� LETE : `l/'/ra. /e/ Krc 6 STAF'F• `�(2) i C, PROJECT NAME .' !C laU-�C�L . ? �_' q a ,(.1JC ,y1 C�(-, _ -.1... 1 (\- ;A CANT: CLt,,Q 0-01 - 160r c.e, .OJ✓r, .,-- t /,Y-. _ &; .: Applicant Address/Pho e: . __ 1 RE PR ES EN TAT IV E: ,. '' Representative Address/Phone: • Type of Application: • I. GMP/Subdivision/PUD 16 ''L - 1 1 . Concept ual Submission 20 . $2,730 .00 2 . Preliminary Plat 12 1 , 640 .00 . .-- g 3 . Final Plat 6 820 .00 : II. Subdivision/PUD ` a� 1 . Concept al Submission 1 4 $1, 900$1, 900 .00 �. " pt °�«�, 2 . Preliminary Plat 9 1 , 220 .00 r. Y .- .may 3 . Final Plat 6 820 .00 . ;, III . All "Two Step" Applications 11 $1, 490 .00 IV. All "One Step" Applications 5 $ 680 .00 V. Referral Fees - Environmental Health, Housing Office e' 1 . Minor Appl icat ions 2 $ 50 .00 t?� 2 . Major Applications 5 $ 125 .00 Referral Fees- 00 Engineering . wv Minor Applications 80 .00 ,�-s .Major Applications 200 . 00 '° �= P&Z CC MEETING DATE: `^ PUBLIC HEARING : YES NO • DATE REFERRED: l* :IT IALS : , REFERRALS : "a ti,':*c City Atty Aspen Conso7- . S . D. School District 'a . ,/ City Engineer _ Mtn. Bell Rocky Mtn. Nat. Gas 0 ,, `` i Housing Di r. . Parks Dept . State Iiwy Dept (Glenwd) ' ` Aspen Water Holy Cross Electric State Hwy Dept (Gr.Jtn) ji , City Electric Fire Marshall Bldg: Zoning/Inspectnve= .' Envir. Hlth . Fire Chief Other : 't Roaring Fork Transit Roaring Fork Energy Center 6 ( ,. FINAL ROUTING : DATE ROUTED: Zq/ 1g(-- _ INITIAL : " City Atty . City Engineer Buil.cling Dept. Other : _ -- Other : __^ (. FILE STATUS AND LOCA`1'ION : (---)-----el - /1 ----- IL_`024,,e s"' .r,2.v. ,.,, :-tom,-7mr..:_.,.,. ,. r.;a ^.,^.tea.' •f . 'w ? .. .:.3'.- . s--.—w.•G- -s F7,, - ,P, t - - - t,{7ze;�=ca ay: Aspen P&Z City Council i/i 6r;Aif 0 flO ' , 1 )Al r d,o o 9 /q a h 1 d.2 tux11,;, a�;n;I fit, /!.�? .v:1 e 3 lr ill i(/l,,K 5 � + ��0. 1.^��tf?/� =th r�1,,r .Uu at G' Sr,171 4 4J iyrit*fi:!Ur41 G 'P-�'!� -,, , / — 1 . Easements for the trail and bridge across Sawmill I' - Subdivision Lots 1 and 2 shall be obtained prior to ttn / issuance of a building permit. topsoil and bt.P•s -� 2. Excavation and fill shall contain 6" of to graded at slopes not e xceeding 1 .5:1 . 3 . Only the trees identified in the plans dated July 1'2,s5 1986 shall be removed or trimmed as represented. 4 . A revegetation plan containing the following requirements shall be filed to the satisfaction of the PlannirAL_. — Offide and City Engineer prior to issuance of a building permit : a. Areas disturbed on approaches to the bridge, un(mr — the bridge and five feet on both sides of th( bridge shall be revegetated with native grasses, shrubs such as serviceberry and willows and scrub oak to obtain a natural look. b. The staging area west of the river shall' be replanted with the same number of cottonwoods and ' aspens that are removed, as well as with native grasses and shrubs. c. The construction road shall be rtvageaatsdxwith Ct> native plants only to the foot wide trail will still be accessible. ' 5. Revegetation shall be completed by August , 1987 . 6 . The City Engineering Department shall be responsible to monitor crane operation and construction techniques to ensure that no undue disturbance is caused to Castle Creek. 7 . The trail linkage from the bridge west to Castle Creek Road shall be pioneered in conjunction with the Lixi- bi.ation Bridge project and paved -within one year of _ completion of the bridge. i • '— 8 . The City Council should ensure that the alignment it li creates across the Sawmill lots avoids the historic Sawmill so that it will not be destroyed at this time - ' iu 2l1-11 ^✓'11. G C STI;S(,Gr -r;l lU' 1( -x'141/, lAC-Ilri. '/'-tP J( C4- CA 1,17, ui ,e..it:�f 3 ._ J l y r 1-I:.' F Gy 7 I 1 �Jatc�i� /u �xt eo ^;-A :� (, v_, l'T 1.)1 N� , en ir vii fi l,�i MA'j.-9 011 Co • L �k4:%, i ry l , Pf(3?144 r^.1.cuT m.(;,: ".),16:.c��/44/1" _,,:� d/Ix Pc ''.6,i,c_ ✓ �1�, y.�,�/.. i' �,G' *'rti' )r`r:`'-if��/i Li- 1 11''°6r� O/C: 4 cit �u'�)U ii it,C�s!�fs i,„..k to,7'-,.;�,c .,�)G,* %, ,, .tii'1 1 J '! f It.: Lix;v t j h Plat Br,Jj.c • ® 5-tve. pi ' CT ® A spEi ,,, • • 130 south galena street aspen , colorad.o 81611 303425.:.2020 MEMORANDUM DATE: May 30, 1986 TO: City Manager City Engineer Nordic Council FROM: City Attorney RE: Dietsch Public Trail Easement Annexed for your immediate review before I send the documents to Mr . Dietsch , please find the following : 1 . A revised easement agreement prepared by my office ; and 2. A license agreement with regard to the use of the Marolt open space. Please note that I have referenced the bridge construction and landscaping to specifications which will have to be prepared and appended to the agreement . I am afraid that , as presently writ- ten , the provisions governing construction activities , mainten- ance , landscaping , etc . are overly vague and will invite difficul- ties of interpretation as problems may arise. I request that each of you scrutinize the provisions of this agreement as quickly as possible and comment immediately. I request that the Planning Office approve Paragraph "4 " in the easement agreement whereby Mr. Dietsch requires that the grant of easement shall not affect the FAR of either Lot 1 or 2 . PJT/mc Attachments 6F cc: rPlanning Office • • • PUBLIC TRAIL EASEMENT AGREEMENT THIS AGREEMENT made and entered into this day of , 1986, by and between Al fred J . Dietsch (hereinafter referred to as "Grantor") and the City of Aspen, a Colorado home rule municipality ( "City" ) . W I T N E S S E T H: WHEREAS, Grantor is the owner of that real property situated in the County of Pitkin, Colorado , more particularly described as Lots 1 and 2 , Sawmill Subdivision , according to the Plat thereof recorded at Book Page in the records of the Pitkin County Clerk and Recorder , and WHEREAS, City desires to obtain from Grantor an easement over and across the above-described property for the use and purpose of a public trail and trail bridge ( including the ability to con- struct and maintain said trail and bridge) for the use and benefit of the public , and WHEREAS, Grantor is willing to grant said easement , under the terms and conditions hereinafter specified , NOW, THEREFORE, in consideration of the mutual benefit to be derived therefrom, the parties agree as follows: 1 . Grantor hereby grants , demises and conveys to City, its successors and assigns forever , a perpetual easement over , across and through the above-described real estate for the use and pur- pose of a public trail and trail bridge for the use and benefit of the public ( for bicycle riding , hiking , cross country skiing , • equestrian and similar uses) , said use to include the construction of one pier on the ground for the support of the bridge above , and replacement of buried utilities in addition to the suspension of said utilities underneath said bridge , in accordance with the specifications attached hereto as Exhibit "A" . Said easement is more particularly described as follows : A trail easement ( for Po ur ses of bicycle riding , hiking , P Y cross country skiing , equestrian and similar uses) across Lots 1 and 2 , Sawmill Subdivision , Pitkin County, Colorado . Said easement is twenty (20 ) feet in width , lying ten (10 ) feet on each side of the following described centerline : Beginning at the point of intersection with said centerline and the easterly boundary line of said Lot 1 whence the Southeasterly corner of said Lot 2 bears S 52 °47 '20" W 58.99 feet ; thence N 77 °29 '55 " W 187. 59 feet ; thence 141 . 41 feet along the arc of a curve to the right having a radius of 102. 00 feet the chord of which bears N 37 °46 '54 " W 130. 35 feet ; thence N 38 °55 '00" W 148. 79 feet to the point of inter- section with Northerly boundary of said Lot 2 whence the Southeasterly corner of said Lot 1 bears S 46 °21 '58" E 427. 61 feet . In addition , Grantor grants City an easement to con- struct a cut in the earth alongside said trail easement as indi- cated by the dashed line in Exhibit "A" , for the purpose of pro- viding an acceptable trail grade and approach to said bridge, and for the purpose of maintaining said bridge. Construction of the bridge shall be in accordance with the specifications annexed hereto as Exhibit " The City shall closely manage con- struction and maintenance activities with particular regard for construction impacts , clean up and revegetation of the surface of the construction area as nearly as practicable to the condition and appearance which existed immediately prior to the commencement 2 • • of construction or maintenance . No access for construction pur- poses is granted over and across any portion of Lots 1 and 2 not covered by said easement , unless prior written approval is obtained from Grantor . To the extent practicable , trees shall be removed only when necessary for bridge accommodation and not soley for the purpose of convenience for construction , as set forth in 'Exhibit " annexed hereto. Further , screening ( trees in a grove arrangement or a wooden fence) shall be placed adjacent to the trail in the area of the east abutment , to screen Grantor' s pro- perty, as well as landscaping , all in accordance with the land- scaping plan annexed hereto as Exhibit " . 2. City agrees that signage shall be placed so as to advise the public with respect to Grantor' s property and the trail use. City agrees that no parking ( tow away) signs shall be placed on both sides of South Seventh Street along its entire length southerly of its intersection with Hopkins Avenue . 3. City agrees to demolish and remove the Sawmill barn which is adjacent to and intersects easement , at the time of the construction of the bridge . 4. The City agrees and represents that the grant of ease- ment herein shall not , in and off itself, affect the floor area ratio ( FAR ) of either Lot 1 or Lot 2. 5. City agrees to complete the bridge, trail , and , to the extent practicable, screening and landscaping during calendar year 1986. Grantor shall consent to extensions upon the City' s need therefor , which consent shall not be unreasonably withheld . 3 6., City agrees to utilize its best efforts in requesting the Board of Commissioners of Pitkin County to remove of record or vacate ;that trail easement along Castle Creek and the adjacent Dietsch property recorded in Book Page Y___, Pitkin County ;Clerk and Recorder' s office ; however , the County' s unwillingness to vacate said easement shall not be grounds for the termination of the easement granted herein . 7.: In consideration for the easement granted hereby, City agrees to grant a license to Grantor , and Grantor' s heirs , per- sonal representatives , successors and assigns , a copy of which 1 license agreement is incorporated herein by reference . 8: Grantors warrant that they are the title owners of the aforesaid property with full authority to enter into this agree- ment and further warrant that there are no lienholders or persons or entities who have an interest in or encumbrances against the property who have not consented to the grant of easement herein . 9. Grantor agrees that the City may assign the rights granted' to it hereunder to any assignee who demonstrates that Grantor' s rights hereunder shall be protected . 10.; This agreement shall be binding upon the successors , . representatives and assigns of the parties and shall modified only in writing signed by the parties . 4 • • GRANTOR: Alfred J. Dietsch —� THE CITY OF ASPEN, COLORADO By--- — --- Wil l iam L. Stirling , Mayor ATTEST: Kathryn S. Koch, City Clerk 5 • • LICENSE AGREEMENT THIS LICENSE AGREEMENT made , 1986, between Alfred J. Dietsch and Germaine K. Dietsch , , Aspen, Colorado (hereinafter collectively referred to as "Licensee" ) , and The City of Aspen , Colorado , a home rule municipal corporation (hereinafter "City") . In consideration of the mutual promises herein contained , the parties agree as follows : I. GRANT OF LICENSE: DESCRIPTION OF PREMISES In consideration of and conditioned upon the conveyance to the City of a public trail easement , dated and recorded at Book ._ __ Page _, Pitkin County Clerk and Recorder' s office, a copy of which is attached hereto, the City , as Licensor , hereby grants to Licensee a perpetual , non-exclusive license to use that parcel of the City-owned "Marolt Property" , described in Exhibit "A" annexed hereto ( hereinafter "Property" ) , for the purpose of maintaining said property as open space and for limited agricultural use , subject to the terms and conditions of this agreement . II. CONSTRUCTION OF IMPROVEMENTS Licensee may construct an agricultural building occupying no more than ___ _sq . ft . in size on the location depicted on Exhibit "A" , the design and construction of which shall meet • . approval by the Director of Leisure Services , which approval shall not be unreasonably withheld. No additional improvements shall be constructed unless Licensee obtains the prior written approval of the City, reflected by resolution of the City Council . III. LIMITATION TO DESCRIBED PURPOSES Licensee shall use the property solely for open space , land- scaping , and limited agricultural purposes ( i .e. planting of crops , flowers, etc . and raising of livestock) . Licensee shall obtain the prior written approval of the Director of Leisure Services prior to installing or undertaking any landscaping work. IV. INDEMNIFICATION AND LIABILITY INSURANCE Licensee shall defend , indemnify, and hold the City harmless from any and all claims, suits , costs and liability occasioned by the acts or neglects of Licensee , or Licensee' s agents , employees or invitees . In this regard , Licensee shall procure , at Licen- see' s own expense, public liability coverage for the benefit of Licensee and City (naming the City as co- insured) with limits of not less than those specified by Section 24-10-114, C. R. S. 1973, as it may be amended from time to time and in such amounts as may be agreed upon by City. Licensee shall maintain such coverage in full force and effect during the term of this license agreement and shall furnish the City with a copy of such coverage or a cer- tificate evidencing such coverage prior to , and as a condition of, the use of the property in accordance with the terms of this 2 • • agreement . All insurance policies maintained pursuant to this paragraph shall contain the following endorsement : "It is hereby understood and agreed that this insurance policy may not be cancelled by the surety nor the intention not to renew be stated by surety until thirty (30 ) days after receipt by the City, by registered mail , of a written notice of such intention to cancel or not to renew." V. NO ASSIGNMENT Licensee shall not assign this license or any rights granted hereunder without the prior written consent of City. VI. NOTICE All notices required pursuant to this agreement shall be in writing and shall be deemed to have been given if either delivered personally or mailed by certified mail or registered mail to City or to Licensee , as the case may be , at their respective addresses as follows or to such other address as either party may so notify the other of in writing : City: Licensee : City Manager Alfred J. and Germaine K. City of Aspen Dietsch 130 South Galena Street 100 Fillmore Street , #600 Aspen , Colorado 81 61 1 Denver , Colorado 80206 3 • • VII . BINDING EFFECT This License Agreement shall be binding upon and shall inure to the benefit of the City and Licensee and their respective heirs. personal representatives, successors and assigns . VIII. MODIFICATIONS This agreement contains the entire understanding of the parties hereto and may be modified only by written agreement executed by each of the parties . Signed the `_____ day of 1986, at Aspen, Colorado. LICENSEE: Alfred J. Dietsch Germaine K. Dietsch CITY OF ASPEN, COLORADO By — ---- William K. Stirling , Mayor ATTEST: Kathryn S. Koch, City Clerk 6D 4 S • MEMORANDUM TO: Steve Burstein, Planning Office FROM: Chuck Roth, Engineering Department 04e_ DATE: April 3 , 1987 Re: Lixiviation Plant Bridge This memo is written to follow-up with a conversation that we had some time ago wherein you expressed concern that the above referenced project was not being constructed as represented to City P & Z. I have taken a quick look at the conditions of approval, and it appears that we are in compliance with them. However, I am concerned that you are correct, specifically as regards stone treatments to the bridge piers or abutments or wing walls, which turned out to cost too much as regards total available funds. If we need to comply with stonework discussions, perhaps we can do the work in-house this summer. Also, please note that the current bridge profile and railing architecture may be different from what was presented. Frankly, I am not sure to what extent either P & Z may have jurisdiction over these matters, but I am willing to tackle the issue on a courtesy basis. Could you please research the matter and let me know what we should do? I would be happy to write a letter and appear before P & Z with comments pending your analysis. Also, since this is a City project, perhaps you could further assist with planning matters and confirm if our project is in compliance with County P & Z approvals and representation. Thank you. CR/co/LPB ... ,. •.�7" •- , ,q.yr..41. •1. .•a� r„•,,' n"I.ti.yrM(t...1'Y.NtrAs,,1 17.,•.", ..+'•f nr •F. ,4},Tre `7 ..!!ir .,;,t...,, .?,r1 177: ■ ,. .. r ..• I1 t1 I 1'.1. �A ,, ;5' IrIL•1`{ tY U.�7 3 •• i• V..t• Kt. •' 1 � ' r. �.0 t`•t } Y".W �1 V..N�J•'..Q :QIt',r., r‘l f � •{� ♦. t 1' '7, ,. .. •• 1., .'1 i t ..>r�.• Z X ZX W 'vl'Wtn Z g N wN - ' • w "lu. N w F•.m • • \... • • I ' • • i 0 ® I o • N lop - rn T a a • 2 EDGE MATCH TO SHEET I -11 \ /NTN. --- — -- -- -- ')N . .k. ,/ '---\ . \ • . 4\\ ;;,' 4- \ • ...._..., .. -..:7.:.-..- ' ' N.,. N .. . • . \ • . • • . .. \l• i n I _ \ • I\ \ / \ . . • ---... ___ ., 11.tr\\!. •..---. 1 M rN N . . , \ \ O i=='' 14. \ I M + x ( ) a • . . . . • • .N • \ , ; , / w Y ` - , , / I \ \ \ K Li . / ,.. ,, 0.i \\ ,, , . 4. X; 6\ ` • \ . . , 7 ., , N , ......J\ . . \• . • , '0 7- , . • ...._. \. \ .. •.. _ �� \ rn, / r- �‹\ • o oQ° - / . \ S • / <� • • ,••_. ,.:(< . • 4 / • . i • • • • 0� �O • • /R) . , / • ME MORANDU M TO: Aspen Planning and Zoning Commission FROM: Steve Burstein, Planning Office RE : Lixiviation Plant (Sawmill) Bridge - Stream Margin Review Parcel ID# 2735-123-01-002, City Case No. 014A-84 Date: July 18- 1986 APPLICANT ' S REQUEST: The City of Aspen requests approval of stream margin review to construct a pedestrian bridge approximately 300 feet in length spanning Castle Creek from the Sawmill Sub- division to the Lixiviation Plant site on the Marolt property. APPLICABLE SECTION OF THE CODE: Section 24-6 .3 (c ) of the Municipal ';Code 'sets forth criteria by which the Planning Commission shall conduct stream margin review (attached) . 'PROBLEM DISCUSSION: The Planning Office has the following concerns with regard to the proposed construction of the Lixiviation Plant Bridge. A. Jurisdiction, - Ownership and Easement: The bridge and all construction activity associated with erection of the bridge would be located on Sawmill Subdivision- Lots 1 and 2 (Pitkin County) and the Marolt Property (City of Aspen) . Lot 2 of the Sawmill Subdivision and the Marolt Property abut each other in the center of Castle Creek where the bridge would cross. Easements across Sawmill Subdivision Lots 1 and 2, owned by Alfred J. and Germain K. Dietsch, are not in place at the time of writing, and must be secured prior to issuance of a building permit. It should be noted that the property in the County is not legally subject to the City' s stream margin review. The County ' s floodplain regulations provide for structures of this type to be reviewed and approved by the Engineer ; however , given the importance and sensitivity of this project, it will also be presented to the County Commissioners for their input . B. Obstruction of Water Flow in Floodplain: The bridge will be situated approximately 46 feet above the 100 year flood level . The two piers are both outside the floodplain and significantly , removed horizontally from the stream. The structure should pose no potential for obstruction to flood flow. • C. Excavation and Tree Removal : The major environmental impacts of this proposal are : 1 . Excavation of the eastern approach, 2 . Fill on the western approach, 3 . Removal of trees underneath the bridge (12 feet in width) and 5 feet on each side, and 4. Removal of trees for the construction road and construc- tion staging area. As much as ten (10) feet will be graded off of the eastern approach to get the trail to the eastern abutment, and eleven (11) feet of fill will be needed at the western abutment . The lay-back slopes of cuts and fills should not exceed 1 .5 : 1 in order to allow revegetation and to prevent undue • erosion. • A total of nineteen trees would be removed for bridge alignment, varying in height from 20 to 50 feet. Most of the trees are cottonwoods. It appears necessary to take out these trees in order to get the bridge in place and prevent the possibility of children climbing onto upper canopy limbs. While this swath will be noticeable at first, it should be noted that there is presently a heavy undergrowth that should not be effected. Native grasses, brush such as serviceberry, and scrub oak should be replanted to renew the ground cover as soon after the project as possible. Care should be taken to not plant species that will grow so tall under the bridge to require being cut in the near future. The thick stands of trees on both sides of the proposed bridge will still maintain the character of the bottomland and hillside forest and screen the bridge from many views. In the construction staging area, cottonwoods and aspen should be replanted one for one, as well as ground vegetation, some of which can be relocated. A more detailed revegetation plan should be submitted prior to issuance of a building permit. The construction road leading to the staging area for the crane will be located on the Marolt property mainly following an old road bed that went to the lower level of the Lixiviation Plant. Twenty trees would be removed for the reuse of this road. Most of the trees are cottonwoods and aspens smaller than 25 feet in height. After looking at the trees marked to be cut it appears that the alignment is sensitive to requiring removal of as few trees as possible. 2 1 The adopted trails plan shows a trail. approximately along this construction road going to a bench at the bottom of the Lixiviation Plant and along Castle Creek. Revegetation should only be accomplished to the extent of allowing for this trail. D. Consistency with Aspen Area Comprehensive Plan and Linkage to Castle Creek Road: In the Parks/Recreation/Open Space/- Trails Element, adopted July, 1985 , the Sawmill Bridge is shown on the plan map as part of the pedestrian trails system, and acquisition of a trail easement on Sawmill Subdivision Lot 1 is a short-term priority action. The bridge will make Iselin Park and the Marolt-Thomas property more accessible for bicyclists, pedestrian and Nordic skiers in town as well as accommodate pedestrian traffic from Castle Ridge, the High School and the Music . School. There is a significant public need served by the proposed project . The Trails Element also shows a connection trail to Castle Creek Road. This segment of the trails system should be completed in conjunction with the construction of the bridge to make the bridge truly serviceable. The trail should be cleared and road base laid in the short-term and paved within a year of bridge construction. E. Demolition of Sawmill: The eastern approach to the bridge goes right through the middle- of the old Sawmill, requiring its demolition. The structure is virtually a ruin at this time, and as such is not especially attractive from up close . However , it does have historic significance and someone may want to restore or interpret it in the future. The trail -could be aligned nearly as easily to the north or south of the old barn ; and we .recommend that it not be demolished. RECOMMENDATIONS: A. The Planning Office recommends approval of the requested Stream Margin review of the Lixiviation Plant Bridge subject to the following conditions: 1 . Easements for the trail and bridge across Sawmill Subdivision Lots 1 and 2 shall be obtained prior to the issuance of a building permit. 2. Excavation and fill shall contain F" of topsoil and be graded at slopes not exceeding 1 .5:1 . 3 . Only the trees identified in the plans dated July 12, 1986 shall be removed or trimmed as represented. 4 . A revegetation plan containing the following requirements shall be filed to the satisfaction of the Planning Office and City Engineer prior to issuance of a building 3 • • .permitz a. Areas disturbed on approaches to the bridge, under the bridge and five feet on both - sides of the bridge shall be revegetated with native grasses, shrubs such as serviceberry and willows and scrub oak to obtain a natural look. b. The staging area west of the river shall be replanted with the same number of cottonwoods and aspens that are removed, as well as with native grasses and shrubs. c. The construction road shall be revegetated with native plants only to the extent that a six ( 6) foot wide trail will still be accessible. 5. Revegetation shall be completed by August, 1987 . 6 . The City Engineering Department shall be responsible to monitor crane operation and construction techniques to ensure that no undue disturbance is caused to Castle Creek. 7 . The trail linkage from the bridge west to Castle Creek Road shall be pioneered in conjunction with the Lixi- viation Bridge project and paved within one year of completion of the bridge. 8. The City Council should ensure that the alignment it creates across the - Sawmill lots avoids the historic Sawmill so that it will not be destroyed at this time- SB.718 • 4 % v.i 6,3 ' listed on the Natinoal Register or Historic Places or a• State Inventory of Historic Place. "Water Course" means any • river or stream located in the !I dl . City of Aspen , including , but not limited to,. the Roar- . ing Fork. River and its tributary .streams. • 11 (d). Plan specifications. A development plan shall . be sub- mitted to the Planning Director which supplies the fol- Ii ;` lowin g information: i •( 1 ) Boundary of the property for which development is • 1! u g re ested; 1 , n . (2 ) Twoi=cotours; five foot intervals for grades over , 10%; • (3 ) Existing and proposed improvements ; (4 ) Construction procedure to be used ; 1,1 (5 ) Existing trees and shrubs; I' (6 ) The 100 year flood plain line ; - H (7 ) When development is proposed in a special flood • hazard area: accurate elevations ( in relation to mean sea level) of the lowest floor, including basesment , of all new or substantially improved II structures ; a verification and recordation of the actual elevation in relation to mean sea level to which any structure is constructed; a demonstration • that all new construction or substantial improve- 1 ments will be anchored to prevent flotation, col- H lapse or lateral movement of any structure to be 'I constructed or improved; a demonstration that the structure will have the lowest floor , including I basement, elevated to at least two (2 ) feet ' above the base flood elevation, all as certified by a P registered professional engineer or architect. I g ( e) Review criteria. In reviewing the plan for proposed development, the planning and zoning commission shall consider the following guidelines and standards, and impose the following conditions for permit approval : . ( 1 ) No development shall occur within a special flood hazard area unless it can be demonstrated that there will he no increase in base flood elevation �' as a result of the development, as shown by an elevation certificate prepared by a professional • engineer registered to practice in the State of Colorado. l . ;I • 6• • • (2 ) In the event there is a. trail designated by an approved trail plan within the development site such trail shall be dedicated for public use . (3 ) All attempts should be made to implement the recom- mendations of the Roaring Fork Greenway Plan pre- • pared by the Roaring Fork Greenway Committee. • (4,) Vegetation .shall': not be removed nor any slope grade changes made that .may produce erosion of the stream bank. ( 5 ) All efforts shall be made to reduce pollution and interference with the natural changes of the river , stream or other water course, and to enhance the value thereof as an important natural feature. (6 ) Written notice shall be given to the Colorado Water Conservation Board prior to any alteration or relo- cation of the water course, and a copy of said notice shall be submitted to the Federal Emergency Management Agency. (7 ) In the event a water course shall be altered or relocated, the applicant and applicant's heirs, successors and assigns shall provide maintenance to assure that the flood carrying capacity is not • diminished . (8 ) Copies shall be submitted of all necessary federal and state permits relating to work within the one hundred year floodplain. Section 5 • • That subsection ( b) of Section 24-13. 3 of the Municipal Code of the City of Aspen, Colorado, pertaining to reconstruction of non-conforming structures is hereby amended to add language per- m. taining to reconstruction within a flood hazard area, said : subsec- • t ion to read as follows: • " (b) Should such non-conforming structures or non-conforming portion of a structure be destroyed b y by any means and shall not have been repaired or replaced within two (2 ) years from the date of loss, it shall not be recon- • structed except in conformity with, the provisions of this code ; provided, further, that ' any non-conforming • 7 \ • as S 0 ° CITY _ASPEN 130 so�u`th ga1e=na0cstreet a s p 1ta`4481611 303-925 202"0 STREAM MARGIN REVIEW APPLICATION LIXIVIATION PLANT BRIDGE PROJECT APRIL 23, 1986 Planning and Zoning Commission City of Aspen 130 South Galena Street Aspen, Colorado 81611 Ladies and Gentlemen: This letter is a request for a Stream Margin Review pursuant to Section 24-6 .3 of the Aspen Municipal Code, for the City of Aspen' s Lixiviation Plant Bridge Project . The Lixiviation Plant Bridge project is being undertaken to provide an interconnect to the present trail system and to enable cross country skier, bicycle and pedestrian traffic to cross Castle Creek. As can be seen on the attached development plan, both of the piers and one of the abutments of the bridge are located within 100 feet of the high water line . The bridge is approximately 300 feet long and 12 feet wide. The south approach will be excavated to achieve a 5% grade for the first 262 feet from the bridge and a 10% grade for the next 66 feet. Some fill will be placed at the north approach . Architectural appearance will be decided when proposals are submitted on May 6 . The construction procedures to be used and their impact on the area will depend on the style and design of bridge selected. It appears that the most aesthetically enhancing structure would require greater impacts to the vegetation. A slender, single span concrete arch (see attached photographs) would require extensive formwork underneath it for construction, but the long term benefits would appear to justify the short term impacts. At the writing of this letter, we do not have all the information. Additional information will be . submitted as soon as it is availa- ble. 00 S. Stream Margin Review Application Lixiviation Plant Bridge Project Page 2 The following is in response to the review criteria of Section 24-6 .3: 1 . No building will be located within the flood hazard area. 2 . The bridge approach trails that are within the development site will be dedicated to public use . 3 . Recommendations of The Roaring Fork Greenway Plan will be implemented. 4 . Slope grade will not be changed and any areas where vegetation is removed will be revegetated with high altitude grass and wildflower mixture. 5 . There will be no changes to the stream channel or its capacity and all efforts will be made to minimize the increase in stream sedimentation and suspension loads. To insure this, a represent- ative City Engineering Department will be on-site at this phase of the construction. 6 . We will make every effort to maintain the natural water quality, to minimize the impact on the river' s natural chancing process, and to utilize an architectual design for the bridge which will enhance the river 's scenic quality. The Engineering Department hopes that you will approve this application. An access across Castle Creek for recreational use is badly needed and will be much appreciated by the public. Thank you for your consideration. Sincerely, Jim Gibbard Engineering Department ae(4410(itk Chuck Roth Assistant City Engineer JG/co/StreamMarginLixiviation • CITY NA • • 130 Wath`'galeln�+a� s`�street a spen caloriad'o 1I611 303• 92;54020 STREAM MARGIN REVIEW APPLICATION LIXIVIATION PLANT BRIDGE PROJECT July 14, 1986 Planning and Zoning Commission City of Aspen 130 South Galena Street Aspen, Colorado 81611 • Ladies and Gentlemen: This letter and the attached material are additional information for the Lixiviation Plant Bridge Sream Margin Review application . The proposal of KKBNA in association with Benedict Sutherland Fallin was selected for the project . Their design consists of weathering steel girders and slant leg piers with a poured-in- place concrete deck and concrete wainscott to three feet high for the Nordic Council pisten bulley track setter to bump without damaging anything. The abutments will be faced with stone . The original architectural renderings are attached. The design of the wood treatments has changed . The new design is attached . I have attached some additional blueprints . The first sheet is called "General Layout . " This sheet shows the general layout of the bridge and the trail approach from South 7th Street to the bridge . It shows the . vegetation in the area of the bridge span. It shows the trees which will have to be removed where the bridge will be . We will remove all trees within the footprint of the bridge plus five feet on each side so that no trees are leaning on the bridge and so that a person cannot climb from the bridge onto a tree . Limbs of other trees will be pruned to five feet away from the bridge . The second sheet shows the access road which already exists . It begins near the Castle Creek Bridge . A crane will have to use that road in order to access the site for the erection of the steel . Smaller. equipment will use the road for other construc- tion purposes such as the excavation for the pier footings and the pouring of concrete . This shhet shows the existing vegeta- tion and the -vegetation that needs to be removed In order to . use the road for the project. • 411 ' 110 Page 2 Lixiviation Plant Bridge July 14, 1986 The third sheet shows the grading and landscaping plan for the bridge trail approach from South Seventh Street to the bridge . The fourth and fifth sheets are blueprints of architectural details and ' renderings . The original works are also attached . The architectural treatment which has been selected is cedar shakes in lieu of the original diamond pattern shown on the original submission. The bridge railing will be adjustable . The height in winter will be six feet six inches above the concrete deck, which allows for two feet of snow with a four foot six railing height . In the summer, the railing will be lowered or removed in order to provide a railing height above deck of four feet six inches . If you have any other questions, please let me know. Thank you for your consideration . Sincerely, ahaeLChuck Roth Assistant City Engineer CR/cr/lixi . 4 • • • • • * r MEMORANDUM OF OWNERSHIP - ACCOMMODATION-NO LIABILITY. For the sole u s e Please di r e c t c o r r e s p o n d an c e of : THE CITY OF ASPEN to : 130 SO. GALENA • • ASPEN, CO. .81611 DESCRIPTION : LOTS 1 AND 2, SAWMILL SUBDIVISION, according to the Plat thereof recorded December 13, 1982I in Plat Book 14 at Page 21 . COUNTY OF PITKIN, STATE OF COLORADOI. G r an t e e in the l a s t instrument apparent 1 y transferring ownership : , ALFRED J. DIETSCH AND GERMAINE K. DIETSCH • BOOK 511 AT PAGE 850 AND BOOK1455 AT PAGE 16 T r u s t deeds and mortgages a p p a r en t 1 y unreleased: DEED OF TRUST BOOK 512 AT PAGE 825 DEED OF TRUST BOOK 466 AT PAGE 876 DEED OF TRUST BOOK 487 AT PAGE 757 • DEED OF TRUST BOOK 513 AT PAGE 714 Liens and j u d g eme n t s (a g a i ri s t last g r a n t e e) apparently unreleased : NONE This information is for your sole use and • benefit and i s furnished as an accommodation . The information h a s been t a k e n from o u r tract indices , without r e f e.r e n c e t o , or e x am i n a t i o rn of , i n s t r um e a t s wt.-tic-1a purport to affect t h e real p r o p e r t y. The information i s neither guaranteed nor c e r t i f i e d , ) and is not an Abstract of Title , Opinion of Title , nor a Guaranty of Title , and our liability i s limited t o the amo un t of the f e e s . Date : JULY 1 , 1986 , at 8 : 00 A . M. PITKIN COUNTY TITLE, INC . BY. I . • i . I ..A1...11,.II'.'..:-.I# I' • — .\ — --_ .__L.itecocdo •. X k : P'IST D 51 1 -v.',',..,i t' ' • . -11 WARRANTY I)EEI) , , I 2 7 8 3- 6 O. . 11 ,i, • ii . .. . 1 . . tills DEFI)..,...„.,,,., 30f- daN•.1 /$4 4 y i ;..1 . '' .` ' ' • I . .- I 1 • 86 , LORE1 TA BANNER :.• i • GENERAL EFFORTS CORPORATION, a Colorado; ER . ! 1., het,ceti 'PITKIN CTY. RECORD, • . l'.. , corporation I 1 Pitkin ...,,i.I.,w,., 1 . • • . . MO 30 3 59 PM '86 . ! 0 TFRFD 1 DIETSCH and GERMAINE K. DTETSCH' .:., • r...,. 3 . I...: • • 1:-..:: ,. ., _________ . • , .:. :-'4'"!. ■ '. - -:::-.--:;.!_.%,-• , • 100 Fillmore Street, Suite.600, De^ver, Colorado 80206 ..,,h. City and Denver 1 ...t,i',IA;01 t'itlinAdtt.grantee: ;10.,,.;27-,:- 'it tt littt stiti.lH, I ti.ti it.,:i.iiiiiii i.,,.iiiii iii,••■1,1.1,311,1•1..t. ,•.,t t•tt I EN ($10•00) AND OTHER GOOD.AN r 1 VALUABLE CONSIDERATION-------------------------------------------------w-- 1001I.LARS. I - .. the te,e iiii and.iitti,ien.i•,I..tn.ti••heretit...i.it.•ii to L..1 tia•i•1 anted tiai..•,,iied.•, d and itht e■ed.and ht thew itre.ents doe,grim,hargasn.tell. ‘,,,,,..,,,,,,, ,,,,,,,,,,, ..,,,..,,,,•,..,.,,,,,,. ,,,,,„.„,,„,,,,,„,,;,„i..,,,,, .,ti iii.-i,..i iiiiii.ii■i..,.....iii,,.11h illiprokemellls.il ant.situate.hing andhetng Indic Fitkin ...141.1I .it..101...1,•_.1....eilhed a•It tiltnt•• '••`.;'::,-',2•.*:.•:1•• •• I 'I.••••."•:: '-'.,:•,, ..r7i. . ...„.. . , „. Lot 1 Sawmill Subdivision, according to the Plat thereof recorded December 13, 1982, ,. in Plat Book 14 at Page 21 as pt on No. 246282 :•,:',..-1, ,--, ' .I.,.„ • . • "'..'•...•••'•;:g:' :;.'..° ' DOCUMENTAR T I Y • ...41i•"..=-,1,z,-.Lit; ; . . : ,;,4:: --;fi....-,-;„• i--2 ... , ...,V. : MAY 3 0 1986 . 4,4 L. . -. ...., ; .. •. - 36. 41 t4, ,, :.: et1/2; ":.-i.,•. ......._, 1. -4,144.4•4,1..-4Pre44,14.e14mmh.4.-44— . 4-4, : - - .,J:;?,-',0i...`i.-!• 115;F.ll'HI-.14 n tin ail.■■■■I.0100 Ihe hift,ii1,1,,, old.:rptit I.11,1,■•111:30,,e1.•3■011,,..of ill Jil■.i.f:Apperuming.and tIw Termitic and 1 „ , linefsion, nmilAct and t....indo• it ttls 1,t3e.. .3 ,/..1■:•16, •.1 .■I.:Ali 11W••1.1C l:b 111,C IIIICI,I.:Lunt and tit:inland whattortier of the ': I i I cr anti tt.:Rho III 1.1%01 V44111%.01 III AINI 10 Ilk.1h0,1,..V.,oh',11,-.11,,,.••MI Ifu.Itviettif.fitoent,and Aputlen.m..es . . (k II)H 4%1.:AND It;1101.D it......t ri,..iiii-....n... !,,,.......i....1.1.-.,t,..I...11,tile app.,tenatie.,.unto the gr..r.Oce his heir%and amigos i '0 .t, tthrtet And IS.prAnIoir.1.4 hm”.4.11.hi•netts.and ix[...nal 1. •1,,,11.01,.• ,I.,•,tft,11,11,germ.hall:m.1 aokl.fvfee lo.ind*1111 the rafttet„hi%hC1IN&Ad ; assign,.Thal At the lime i i t th e en.eainii:and del°e t..•I tht,.i i i i sent• ii.i• i•I I-.wed i it thel'nom...-.at,.n e sinite■ed.ha,gond.MM.perfect etwAtiute ;1 .:f .0.1..1.sc.•■hl.,so.tc,,t•..i.,,,,,■,,,, ,n1.,. nn I,,,,,../.1.. .311.1 h.,........1,1..to It,111....el atidl.1.11l1.4(11t10111,10 f.f114.harttatn.ii.e11 and onnycy the mane !!! ,.• III 111.11111CI MO lortli 4%Al........d.And that III..•.ol. alt !,.. .111.;.1,, if.....01 I..ows 30.1•41.1 0.4olls.5.55 110%.,1/1:•.ken..WC.,2,04,.Mettlf. !, crk'unitwakcs and 11,111:1K.•01 MildSt,C1 1., d..11..1uPt•......,1 ..,..1`, FOR AND SUBJECT TO THE FOLLOWING: General. property taxes for 1986 and thereafter payable in! 1987 and thereafter; Reserve- '1 tions and exceptions as contained in the lintted Skates Patent recorded in Book 55'' 1 at Page 35; Reservations and exceptions as contained in the United States Patent (Continued on reverse side) i I Sc grant...shall and*ill WAKKAN'l Al)14 114I•VI K 1111 1'Ni)the an.ne thial gained maws.tn the iautet and reaccattk pmatimittn dthe grantee. i; ;.i.ii, 5".•• ''' •• --.4.. t• ' 514 hens and...lan•.agasnu all and cwt.prison..persons LIU lull..1.nining the ulnik of SA)pal ther,A.The iunlalat number dun include the*MI. Sr I' IN.',..r.i:ulat.and the Wor 01•fl■ rflidCf sad!IN.mirth dile to all gender, •I • , ...2.:t,T6V.•, . I ''lidtiA .• . 1%WI I%INS WHEI10.01.the glou.4 ha.C,..41...1 tti■,.t.-...1.41 111...1.0.:.....t 1.4111 ab.n... '... ...I i C.41tioloEFFORTS CORPO-TION ,. ; _ • ___ -- . d .i __________ ________________ ___••••_• _ ____ ...„.,,„.... .i.-7 . . t. kri•-: • y r•0 o ; • -so' •■ • • ., , .. ,. — _—_,......-----........ ....______. •.,, •1 --. ---------------- ‘: .0,..111‘,... ■, ... , 1 ....Pr 1! i.:1 • 1.' ' : NIII 01 (11111RM //11 i• .,. i , 4 . I. . 6m .. .A Pitkin ..... • : ,, •. I Sr Itarinnna Instrument*as aclutint k.dvett htlitte me in'Sr .ount) f •Pitkin .sum ol. , ' I •. 1 ' ' (..s54.wio.th... •3014 J.')lol May J486 hyRichard A. Knezevich, as attorney in. fact for General Efforts Corporation, a Colorado corporatiton H ; • .. : St.,4011111111%.1011rIlrItC• .14 il/ 44 tiles.on■hand! and olIktal%cal \• I , 1 .•- " . • , . • •.' • • C. • laCa..... C a_ ,. .. .......,„ . . ,. 10.. . iteeJ46tiv .7,i 436., ed (4,, .. • . 4 • . . , 1 7.3 • .i ♦.`r t 1 'S T V a.I I I 1 t 1 Y_3 P. i{ Ali., ' i° i " Ic i 5I I 'i i ... t '?1 � i i A g 1 C, . 4 s S ; 1 _ z ,� 3 1 K ! I j;.;. jt .. .(. YIt4 ' C li 511 r�� OD i l �� : ,Srt recorded in Book 39 at Page 35; Terms, conditions, and obligations of Contract for r' p*k'{ Water Service recorded in Book 217 at Page 465; Easements as granted to the City of Aspen as recorded in.Book 165 at Page 451; Right-of-way and easement to Rocky Mountain ; £; t Natural Gas Company, Inc., recorded In Book 195 at Page 465; the right of ingress end ''' (e' egress granted to Holy Cross Electric Association, Inc., recorded in Book 339 at Page 504; Conditions, covenants, restrictions, and obligations as set out in the Subdivision : )y Improvement Agreement recorded in Book 437 at Page 174; Terms, conditions, and restric- tions as set out in County Resolution No. 82-1541 recorded in Book 439 at Page 521; Access, utility, and water line easements as shown on the recorded plat; Defacto 1,1t, ., '• building set back lines, created by "Building Envelope" area, as shown on the recorded A .,,: rr plat; Terms, conditions, and obligations as set forth in Grant of Easement recorded in Book 455 ar Page 18; Restrictions (amending platted building set back lines) as set forth in Declaration recorded in Book 455 atl Page 14; Sewer easement granted to Aspen Consolidated Sanitation District as set fo1rth in instrument recorded in Book 473 ", at Page 440; Terms, conditions, and obligations as set forth in Grant of Easement ' recorded in Book 497 at Page 346. ALL REFERENCES BEING TO rHE REAL PROPERTY RECORDS , OF PITKTN COUNTY, COLORADO. 1 �`) t, 1 .,, 1 f - ,' 1 { I 4. 1 ' '_ d ;a,w�. I • 1 .. . I h \t -. - gwMT�:.z' I H:,,1.1.,1.d __ :. - �l ',NI,.\. - -- -- - -• .-- - 50•..(.1 screx 51..E ftsr_8 5 • Ij I)EF.I) OF 'MUST I A r ra • 1 I HI\I\I1\YI RI..\I.d:its, 11th e...•• June .1' R6! 1,,50.,•1, I age N .I . en woe ,.I �,, V?! . Alfred J. Dietsch and rermaine K. Diets, -,4 GJ anti OD.I • ,•tn,., ."I,11," 100 Fillmore St, Deriver, 00 80206 I �, . I es rnn v . I♦.I.,11,11;i.ii.,.:, ., ..., 11,1111;I.111•I�. I!,•1:,'..I Il' 1,.1,,11, ... 1 MC Cg /ra Pltkln \i.tl,•,'II.a.,l.,d.• h,,,in.dh1KI;n:,l1.:.,.Pohl.; 11,1x:, I ��/ OD CA) t∎I I\I.''4 111. 111\I \\III kl \\ ' Q7 7mi Alfred J. Dietsch and Germaine K. Dietsch :' .I;,1.,Iq•,l,u..,,t, I'''' n,,1., h::;uLJ I:I'h 1:I1cd 1.•.n Ih.' n sal-,1 ,1.11;,1 June 11, 1986 hr the sic' Two Hunded en Thpusarld and no/1Q0 ($210,000.00) I).dlar..p;i.ahle to the seeder of . I,nu,,,•.I•u ',d Bank and N.A. r First Colorado Ba Trust, ;; I,,,.;.,.1.1., 2696 South Colorado Blvd., Denver, CO I R0222 .Jar.the slats.(.real.50uh mtenst thereon Iit111 thc.dae teleatl ,I 11,: 9.50* 1.' ;.11..,Jnll.• I,..,hl; *Interest to (float at First Colorado Bank and Trust, N.A. Prime Rate plus 1.0%., adjusted date of change. PrLlcipal payments ;``.t y 'w in the amount of $5,250.00 plus accrued interest due ouarterly beginning tg C puller 11, 1986 and to continue each 90 days thereafter until maturity. ''L'• n•-incipal ?.Id all unpaid accrued interest due,and payable on or before maturi .a?' < Pa_ tY \\I)\\III HI.\\.Ilh snarl..1.at•u,,,,.,.t...wu. t,„n,., .n„i,n n,q,.,l u,l nu:,.••"‘,1111`,,,,K•`..,■.I+44.114 441,04:11.1114.1•save{tc wadi sI J-. ,. .,.,.,•...,I 1,•,lh;'No..,.d.•,rs.u,L,1,.•.Itoch,gain.bargain..dl and convey ,,�,�j •' {{V Van\\. 1lII HI IttHl . Il.r e•t.ml.•1.1 „an,J;1a,..n.•1111;In. .. .a ., . .011.•1 1.0.,...:55,-I.,Ii:.,,,,. .I, ,,,.. 'I,...I.•1•. -,11:.11; , h. (•tKnit)'Of .I _ ,Inn,•d,: al 11,1,11, 11'•lee s j. (-1. Pitklrl \L,Ir,d 1 .•L•Lune• .,,•,1 Lot 1, Sawmill Subdivision according to the plat thereof recorded � • pecenlver 13, 1982 in plat book 14, at page 21,1as'rc-ceptios> number 246282 ' . County of Pitkin, State of Colorado. 1 � .c 1 • 1 ••44'-:-'.. t�,ur$- K P. �, ?z; �� f s., 111 r5 .i, . j i i i 1 ,%, K tf aw,knra M ane1 an i min hct n Vacant Land Si' ` tH 11)HAVE A 010 1401.11 the,wne• .•rth,a,II.JII Jt..I.,nCulJllh•p.a,dein,and aplwttenanc.Iberruna{AChinitin7r It.TMm tANDIAtkY.ow -I1, + .• III1a..01.k•lauh to the pe)ttetp.dsad WIC 05 atl..111141. .•1a.,1•at111.1,•t.••„n III:pa\meat 01111.:Imen.l thereon.aoc. to the ware and efkCto! 7i sad near.w an).4llrm..4en to pasnrnu.4 In.pr.(ens 41.4..10:. 111...pal s ullan.4 It ant..n...as dcIauh shall fir made m.r ta.MUt�10111ine : `- M1 .4Ins.eh s are).d the tenth.e.mdlnn...an.e Halo..4 agl,u o lI•Is I.I....nlatnd the h:tcbshi■hcreunkt vet the k)tal NOW ttl to Webb:dams .II , ,f . ties unel hrta'M m,t .k-one a.rdatrn.I an..•t th•..wc,tam•h'he m..(.tauN.I nsl I.sit..al,crto .adpnsiset)k(sae and demand such wk.dna. 1 . .'i,•;F.: r;t,l.F up.n hhrytrrrwe••1web rhtitan smithm.6nd..r•d1...1111 11.lLM.I rustic: ..M'.hall upon rev.cept.dw.'hn.rMe 01.t40:111111 dad demand fot Y1ealtnt I! - .. p •-,�fil •..la.a the same I. 1.us•.ekd In the nreer.k....4114 .1 Ow..worn.Ina tun h sad oral iwaa•...maned a.tall and may he Waits!het 1110 Public Unman j ;r 4, .. .•50.11 and Jiye..r.d the satee'rn mow•(m...rook.par:eel. .,.Ile'.ad 11101N 1,u..r•I.nas thml b.w 1.and all the npu,tae and Mewl oldie imam. ` isu Pitkin � M,hw'.r..(.41111.IhtCln./puMN'AIM it.41 al Ina II..N seer.al Ink(rtlr)H.N1.e'..n 1110 Count)of ,,. I. .Nome.t(uk.ak.•.w.II sad pre'uis.'s •a.an.partlthn'.da.noeshe.1t...That'In lh male•of'and sak.hhr lhebghNW a beat pokethQ S .ante•41 Irma In...h.hag{%%I A.pub∎a trtae ha%mg he•n preo ww.l)con.4 the tints:and plastid.u.h sak.b)adwttit.emem.weekly.M snag 1 ,y,• I A-i rev}ogle'{•d erne.al.lei under.0 that time puMi.heJ m sad Count .d p i wit 5% .a el"td*Met/dace,lull be method )'� ..,'It a.ben ten Ja)•Inn.the Jae'.4 the ltra pubis sawn thew,'to the goans.(a AR['`,i.A11F( torrent corn.1nl to such petarn.r persists appratWi hi hale •cw* a.e{uta••1 a wh.apnm ne.wd onktra on said• real estate aI the allre.,ewer In the....ided lnarum.'nt.*here.nl)the,oant)nod state N inns or dm . max; \ K till Atha..then 50500 muse shall it fowled 14,'KC..wows tied.std I..nu►a•oaf gh.r.•Ih•ryaeiW.ler.r put:Newts.4 50:11 pnpNVt)at Wee Mk.atk1411C1�' ya/§,r 1 .(.enllk dr.In alams Jea.'June web paver,∎lwedtav'.1..u0I d.'suss.4 50111•Last llrnk.1.and ti.•bat.:.hen the purba.rt.r Ina motor per...a.taand truss.tail he emukdb.aJecJ n.k.,1.'beer.r.onk..the sane•Jun,Iw redeemed n e.pna Ned h)lea:sad said bi Tnadve✓hall• Liewl demand M the par....(promo.la&hllg the...td..4.0.a..4..ths,Ate..4 putcha.e.*hen sad demand is mark.re me m dreamt(h the patient - J aratneJ to a Ja•J..std hr the mown.punha.e'd.d the um:50.h Jenta d I.mad:.die time h(nvkm(Mrrt:tat m1 espard.make and eeee'Ci'11,1 41 ' 1 ti, 1 1../.0.a p.'r..(n•Jest)0t.kid'ar the said paver')put.hw-4.a huh wd&eat.w&W.shall he in the ardour)ham.d acoloryatrtt.and AGM he . rained.awl lase kvllred rd rabbeted M Mr*NJ ruble 1 nuw•c and than:.n...)std yuI:latm kg midi penmen sat moons emKkd w art hand,tit hold )t pr.rpm 5 pun#are4 as••••■••ad all the ngla.nth.'mete 1.hrt.M and ague).t redemlpimm.d the 1ra11101.his hew.gad maim.Meths.end Mdl . recite the won.r was.het abab the..d tour++...old ens dull Met I.•the p•acti.1 sale thereon e'.ntwmd.and h{,b ask se tales mIade b)VAUD dot vd and on.w•.d an awaaaNta.d sea .olda.ae'.4 so AC..t put.thaw..4 in.awe.4 the.'semen ell twit prawn).It)•Wb.efiaQRt - . Olt sunk an.et.swots nseyanral or tv.kn{'wn Jwll al..,he n k•mf 10 m web.kvJ.i decd..but ilk notice 1 vk need real he set out in tract deed in .kvd,and the HIM.truster shall...0.1 the pnaaJ..r.tt.1..d wait sate.slat rh.l pit nay and Mambas all ice•..charts+a{d aeon.sal maims sald Zak. ' ` pre Id a.:howa.tars h armada of ilk lead la.hkr 01 VWJ ft de air((meofal and'n.•n•d Jhe.n,said thee a/e\rdalr h0 the leant sad e(leei iwaud.a id all - A A pet COI pel 1 nrnn,rlsarel M web Irara:w f.r iced h.hkt Id sad nti lot tnawmar.(sacs and as+a+snara..atlh IMCtsW theocrat a glade AIM AO•t annum addend.Me.welpta..t an,.wad.dr rant...bas hylal rr1(rvradIcs.4...sign..what sale.r.ale,and sad deal sr daed.as .} prrrreund hen.bah in tea red wpm).etama Ito paom lu.ora.and wt.pm.and all editor masts.daunt%the said pn1{iit):w any pan,Hume( 11,01.ton a(Ih or wait the pa tae..(at.).4 Awn' The 14.4.44 or h ld r..4 sad in .1 Wks Ina)put..twat.a.d parrot).e sty pan doted:and ll M ed t.1 be.(Mader)tom the p'adha.e+.r pw.bnn.at a••)w.h.ale h.we h. the .4 tar kid,, n.] K+4 aka d-id_M�- a hI aped did the pmt.r.N.hews re num..ant{sat the...peat..-limall *nn the event of. fault, inter s . . to become 30.0% per Amman or 6.0% higher than) the regular rate of interest but in 'It m I k n.a.town't'a)and r event greater than that al l(elled by law' ' • • •Y . I �.a.a ror�'1a { `t; 1.. '1,.;.. • *kin the event ,' fault, interest to beornle 30.0% per or 6.0a higher • � :{�► • 1. than the rcqulax a of interest but in no' event grey that allowed by law. 1 : ' ': • g Y. _ And Itle if fanun.lot hin1K11 Atht his hell..peiMMal rt'p vm.,11:ltl\1•..w il,•tvn,etnt mans And ael\Y1111 And w.th the Public Ttaatee.*Id M 1110 tlmcc } the en•eahna of ant&sera of thew present.h1•Is nrll sevcd 1.1 the.ud.And and tenement.In ke.Impk.and ha Rua-ttphi (all poser gad Iar(& • • . .`!... c; , • authttrlt)tyrant.harFam .a•II and come)the...me tit the manei mid ham a..dW . J.hem+)full%and aMdutely waivtna and rtleatunf dltldlband Fe4 r..r -.y .lain.he;A)hoc in.4 h,....Hands.tenement..an.Iwt.pett■4s•H,wirsk•.al I..emptkwl:t111M11ef C cnyrlem.under and h)•virtue a(a)Etdlbt • `9',.�r��.__ (Knt•1.dA.se othh 11 the.i1.11•..1('01411411, of...OS IllinImuthkr And h.t It tuS.401\a.I..t the I:ntkvl Slatc.Clwllttv.s.MAY C1,1% is(t*4tkii ally Sri {. hen'.Itler h•p.I.1•d In tel.M 41 thetet.,.nd Ih.d lh:.sulk'ate Itec.u1.t 51•,11 11.dl Ilea,.•d en'tinlhl:/ne♦Nhaktef.t{Ctpt _ "' ~ •any easements, restrictions, rights of was' or reservations, if any record and ad C71 . • valorem taxes. 0 `"3 L. • Cr r n.t 0,;..0.,,,,-h.I:A111,l p1..1n'.It II III:.04,1.01 11v.I,1.I.1,'1..,,5•...•I.•1 111i 1111.11, 1111,155:II..II.le•..w.Ltd a.a.fl ah.Aln.r all an cier)'per+aa Of .• LI,loft .Lu,.uur,•I h•,11,1.ul rt1:.,to J, ,ran.L.n It.:10.1 1b5,'1.,111,...h..li.anal„III NAl1 aU1.1Mt LM•u'r IAlcnd VC 1w I nil p.I .5“I ill 11111.•1 Ow ma;hl, hiss. It. et.mhl.hallo“.It p.I 111 la\,•..mtl.1,,i••u1V111•lived In the MI/101y;an%hind all ani.unt.due on .A .1.5.11111.l prim li•..I.11141 m15a, 1.•1.411.1•1111..•1. MIt ..11.11.1,U1111n..“....11 m\.anal M:II keep all Inlpf.ncnlent•that i11a\toe 1111.ail land.insured `.` .t�.un.l alt.S.I.II.1h. In•• ut.Indus}•e VC11∎10.1..1151.11.1, In a..nnl..mt 4.1,I,ngtm.i•n1ee1111V 1Ir 11'1 Mtwih R't1U11C111e1n.at the llenctictary hereof M M V .: .• Il m Ihi rti.1t 14.11 111.11,M;.ln, 1..,h sass..\•11.111.14u.un a I,,.,1111.1,111,,tau.'(Wiling the tim115lar■a.mlrtpapce a shall further q ..111.• m n.I k.• 1 ,.11,.111 Is 0,I,,•,.1111,11111•:1.:1.•11.51.-nCI.tit, 11,litelaiwhwlal the henehelan'.thc Original policy IFS u. ph..ldr 11.4 411, 11...1•111, 111,.:ad lwr,.Ih,9r,l 111.•11.: _ ,..Iwd1,W.••I ur w,t.i,1.11..11,1..151 4.101 I..16, hrurh.1..11 ...1.1111:1 .5,tint, 1,.l Ow w.151k•dtr.• !Mould the Ftanhw lad to m.utc and deliver the °;.$ y:. 1 I ..I t.Ir.•I...,:,•nl:nl•.I.the,an,,1.11,1“,' .4h.p.I.111,Al...mIl.p.I AN,.t11.111 inin111hfaih'ss.ll ant.Item llt•Iary May'make any .•9... 'T.�•kk� ; !u.1,1vtntc.l..'l - v111, .111„i,II“1'.“ails. n,).11111 1.•.11, .:.,.It.II.i,.l tlIle.nI at the■ate II**' p1....mum.halt he.tided b and !+1 `¢. .11•,t,,,,.„ o,,i.h.•.•••c.It,1111 11.. I I•,IIti•I.m,In..Ilwpull.•.I••1 the 1,,1,11,511./lh,•.del I Itt lit.5r'its it now paid by the yranbf.In r .g . h1id1111 a, .•ph••. 0...'h 11511,tat. 111.1, .1...!.I,.III:.11.1:b1511ni•...,u1i11 11:•51. Judd II I1;;J,.1 I t I h.M In delaull hr failure b ravine �A,}:,. : I r n .. •.• •In.,I 1.1. . ..1,.1.1 I..:1., 111• r.,,,,•,..14, - >;..•^I 1 1 ,I ... ...n,.11..l, ,Ili..l\•I1111.1111,,.u“...I\.tin.wwnnenctinstnl.etclu1iin tat '.'n _. It dl, u . ...n nl. 61,1 11 1 I r .„. 1.I 11,,,;•r, r r I ./1•m.d .1„�•. .ur 1.1...., c1.P,.,11...q 1. .111.1.1 •I I I�1 .'1..1,1., eh.111 Ll..pmJlav nL.MV•C‘.11111 Ii1iM.l tot h.41,CM,ld appliances.lel■ � fa �i is II,a11•lil 1.. .k'.•,. .1...,.1 .•t h, •.I""i1••••,•,I ,Ir 1.I.,•.':III, •I,.1. II I.I II •..,I•Ilh f1.Ml 11 all\ il•.t.cIu..ld It111'1'i.1.rI three\Cars of Ich.nflf ..41t•lunl•.m.9.11..1 1••p1..11.41 1w�n,11,1.11.I..,. .ti 1,11:1,,,.“\ ...!•t.51 .l1,•I311,all the•u“..•1.CltI•d h■Ito I ksJ of'Irma to he itmlydiatety due and ,T;#7 '>. ..n..hli 115M'lI,1.I 1 .11.,11,, ..,.,:.I..5 h•11.1,.41 1,..,.,•1,'1.1:11 1111451 1.•III:•.Ile.11 I.in.1i l h•1h'11ctar,and Ile p1.tvwl 11 N'hown 1,1151rt/11tt1)t2 tot* . - ! ,.,.0 11. ••111 1.: o,h iw'......,..,1,.1-e 1.•,. n“,Its 1.11,And!hal the It pan.. i n the stun ,•1.d 1: ...I.1...1.11.1.t:,,!r. ,. .,. 1 fm,x t %NM III\1 1■I 'of III \\1 1111\l 11."1,0" 1,6:n.hl••I 1••r..l 11 •,, ■•b:teu“.l I the ILhh. ..oath 11 Itr thllda',,a,id wit, 011.11.At. 11 i„,,,,,.,,„. .flail .1.11„ I\'1..11•,.“IIh.I..114 I,••.:.•...n u,. a11d,I, '! sIlt.11 the phSIS'Iis.IIu15Whl A1k1111 ltr rents.Ilse.atdpto61. ,'/ Y .F .t,ls.,I It„n,(fry'all IOW,'.,1 .1"11 rtel. out d.n i I.. v n.kn,,..1 I.•1,•,ht..,1lS.15111li•..111111,'1k•rhw+..1 nvknyrh11l.if anv.Sere he: WCII E 4_ •1.x1_hall.1 5.111 i 1N .k in. „I 1115111111..1111..1..•,'I the 1.1.41,•I.I.I 11,151•5 .111111 di.l pu1511,1W 141 kyuc.l.and on relutai.the delivery.( :. :x. - s„.I�,p,,,,,,,,,,,•,,,11 'w. . ,15•s t1e11116.1 nnlie•n d..le.61.•t.'P.a,dr•45.,1,.11.“..1h•I In.e11.5.' Slit\apprttlitur CI.it suit.r pntYCdinil.sad y• in,11,h1, 11“.1., r..1•b,,11..1,1,...1 ....11015.• , 111,.11, .•1,1.,111. ,.“,'h.1''I41,11It..1llll.d ii..1 Iteh'IK'I h4.a1J rottcny',and nit*metal. . .pa,. ';t nd pl.•llt•1191sT .11,'...,;I.1.'1.111 .1,11...11,,'al,.l“:,.is 1,',111,I..1e.I....,,.'0,.'dIlles.and 1111 1\•rnd of rcnlcn,(wnwl.dart%thew het and shall h'.nI11e.1 itwivi.,..•,.n1,1g1 11 r1., e•II It i.11al 1,111, ^•1,. .... ,,,'I,11,..•1111151.111.0.1 ..111..lhen..gi',i wiJpnw+t�fl)11111n1thtMa"Bard to 111',.lu,It.,I,.', .11.1.,..I,K.. ,,, Iv ap1.•.“1, 11.• 111,, .In .I,1Iq. ;ul“11 „h,111 41.,Iran,.11.11 1.'.1111•115A1hw1 and ta luh.tli notice-itlieebMa8 . ` !t x• wish\etpr.... ,...,,,,•,, .11,.1..11 r 1..11',01,1 .•It. ..,n .141 r5.cnu.•115.1511.1,11 41411 h•.,pidhd M.w'1,R1•.CIt•1 hi the piy911eua.Ofthe , • m.k li.IIlh'.,1...,11\ ..1..41 .",.n!I, Ilk l..v ,tut It., •.1,1.1. .111111.,hon.. Ilk...1111 t,. .•..t.kt.11.11•..aI,.l Saul•Stvl nI•..t l•l .. I d.n:1.11•h•,i ..1.101::6t Iit51..11.4.11h1 VI let 11.1.A sJpnititts..r\note atlrtMW.era) *50,4.1:'''..*'• In,,"11.4,nd,�lt••u d•1,u, IIh,, 1N• .5, nh'nl•Ih'1,111 h\IIh•FLIIIhw.111.t\fvwul wpfCV-Mali.el it atl�f j�y1R 141.IU'M...!aM WIIIKH..1 •a•d.. '•„'1 - y • t+ i} t1,..4lhl In iltai.4v'n"'..11..1...1.111 w 111.1..1.IU 1.,1.11., .111..1 111.1 Ohl .I,1,111:15,111I''IIk•hllh'of II..'5.1I5.111411 a O.RV.al the option nt the .;.�•11..,,,,lhcns.l k,,,,,,,,,,...,10‘.. ,.I p..\.1,k' awl'h. ..11,11,119',,,h'.••hl.11 IN ..,.sous 1.uhl N 11,,1'1 in,..1uk',iIs'i as II vi,inkhkdir..NMI mowed.and ' 41id 11 lots-0 sun•Iv mad.M the I11•I., It,.155.-In..U1..115,.1.5.•1 It.. ant,.I a reasonable str1 of �� . I. hwtitake.u.t11'..s pit,-I.1441.11.,.ulI.we,l.nurc 1w...,.blh•..h.11t I all,..cd M'115 I It.I r1lre 45 a NAtl.. the an1.4 kiisionn Me.and it forcor ill 're, l- ,1 1., •h, , 1111 I,.t 1•.111 1II IIK.44.1,.I.Ik'h 1oQ•rl,nitw port\`din.. - ;. ts'Mask Ihh 4,51111w.anus...ha..111.,115.111.4 n,,•l5. .''.,I Iw 1,1\. '�, ytt 1 (4'.InKulat mildly■.hall.n 1111,-the 0.131 It.•phi I IIh•..115,51 II.mkt 111,u•c.I.1111 1'cnk•t.hail t: iNk h all OCIA114. 1.riwkd this 11th- ,1'•,"I' June 'I' 86 I i r7 ' °' :v\ yy If •'`, ,,�. . .l (:/ .! c'.-• 7 t 4 � •111416_ _. __._...._._._. _ ._. _nom._ �' :1P1W NE I K. DIEISCH I x`1,; TsT _ • City and t..umt...Denver } ' �"'� ' 1 he hwee,.nK InwWn'a...aim..lcdaed I.rlirr nr thus 11th 11.:.4 June' .w 86. a r . I i' Alfred .T'. Dieted and Germaine K. Dietsch 1, .07 ;;4-.' 0' Num..nI M1J MJ sods ./��a/I - /y yC�; l µ 'l{ i ^ - 1 I 4M ,P-��(�J.�� 1 . t tlh .,1,0.,11: Y: M 7J�,-1,.L. "1 M.■alan. M4151 pill•, I . - t C .I . • v t','t ' , ` . �� " I � 1 �s : .l g . p ;t t.. 'ta .:ski •, • . • it ;.� yIr 1 d i , O . .0 tif , • •a• . C t ! "'. ir I t . = St C a tl 6 a x . t .. ® BON 51 2 x82.7 -�- ASSIGNMENT OP RENTS ' L • for Owpups*,oHurthM sabring the phti nanofthe peanNwr►note olawnOat*hMwlthmatM00r1Mtilbler MO 1 to THE FIRST COLORADO BANK&TRUST N.A..Denver.Colorado,In the princlpsl sun of TWD HUNDRED TEN THD.SAAD AND 14D/100 i s 210,000.00 g .vsltbh aid not.Is elect wowed by Coed nt Trust of um date herewith soon the fallow Inc d.orlb.d rest estate stun.In the Counts of PITKIN Osloteda.Cobh: $ w to plat thereof e Lot 1, Sawmill Subdivision according the p there* recorded Aimeis December 13, 1982 in plat book 14, at page 21, as reoeption number 246282 j �;: F, CD,unty of Pitkin, State .of Colorado. ` �� n Y �'4S . _ icil sib ,,a,.: =u i the undersigned hereby assigns unto THE FIRST COLORADO BANK&TRUST NA,Dower Colorado,be atfoaaafe and liZ._aw gn s,therents(*cryingandtOaoawsfr omtheproperlyheronabowdescribed,withtherightI nsaidTHEipgTCOLORAOO i5 SANK&TRUST N.A..Denver.Colorado.In the event of.and only In the event of.•default In the payment al Wd atabr btnaal ar pmslpal.a000reing b tb bnor,or In Ora performance of any of the tarns and conditions of said Tent Dad b la keOW00E00 I 7:st:„th e demoted rents from is personsowagthesante.andsaldpersons.r pronreceiptofwiUNnnotlo sdalgsCNfai4teranwee s abnaatd Sans are hereby authorised and directed to pay the rents men and theeafbr owing to tie said Scab.Rafts eaosMd y co an i heemar by sald Sans shall be applied after defraying the raaonsbM boons•of colaaon thereat.tO the phonic*Of hny ,., .` amount.lows my wawa guy so tie Sat:or be payable by the undersigned.under the bras and OandNbIIs Of Stafporsuad { .-,,f 't„: , 'y - r F(' nob and Trost Oead " ' • ThIs a danme nt dun be misused by the rimes of she aforesaid Dad of Tryst. Dead a Dinar.Calends,Awl)�h day of June ,fg ; a t ..'..-=';.' a /; . a z�,;,,; i • ••-214,16(//J��. DI1� "/ N' r2 •,,,,. :::' ' �.4. : ,--1 - (e' [ ' • i GFAI+WINE K. DIEISlfl s _ . ._.._ _ ._ _ _ _ . _ .4.,._i ,f } SIAM Of COLORADO » Y tt r.�r.;" City and coullTy of Denver ' .c,; I We fargstq susn ones two eesnewttdpd tnfare ms this 11th day of JUDO AA.10 86 Kt 14 I 4 w Alfred J. Dietach ay' Germaine K. Dietech I `> 1 I Vanua ray hand end atheist awl. ' r'k M ` >r {y aawad My Co>reitt 4:' ;!•:::...t:L.1181 k. . ' 4 1............1.. f -* 4------- I `'� Viblis i - i -` tt• `•• , r i• os N. y ����� STAII D JITARY FEE. ■ Recorded at 0� Record* 41983 Reception No._ — -- ---._----------- — eni ST '� � THIS DEED,Made this li' day of 53o.:o..-w.a, .19 83, FI LI1�G STAMP ga ��#r:If la 04 . .between GENERAL EFFORTS CORPORATION °� y�e;{'mays acorporation duly organized Jr.. _ J psi . ' P !! I ; irc ,�.. and existing,,ndcr and by virtue of the laws of the State of COLORADO — ±• :, ':Y;-<'.' of the first part.and �� { ALFRED J. DIETSCH and GEL.AINE K. DIETSC 91 g '' � ' -0 N i '?" 6`f s5 ,g Is eel I' t':-i:':: i1",y':.--_ G: whose legal address is C/O Chandelle Properties, Inc. ei 100 Fillmore, Sui.e 600, Denver, Co. 8020E j ., of the City County of Denver and State of Colorado,of the second part: i EN ALjD'N0�lWth� 5 , WITNESSETH: That the said party of the first part,for and in consideration of the sum of ($10.00) DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION-------------99tinItiB, 11 £, ;..7,s } - to it in hand paid by the said parties of the second part.the receipt whereof is hereby confessed and acknowledged, t s� has granted.bargained,sold and conveyed and by these presents dues grant,bargain,sell convey and confirm unto !1 r , �; the said parties of the second part,not in tenancy in common but in joint tenancy,the survivor of them,their assigns '1 ! .. u and the heirs and assigns of such survivor forever,all the following described lot or parcel of land.situate,lying ! # .w , :''y • and being in the County of Pitkin and State of Colorado,to r i�t,r. RAJ „;- wit.Lot 2. Sawmill Subdivision, according to the Plat thereof recorded December j 13. 1982 in Plat Book 14 at Page 21 as Reception No. 246282. and together with ' nk .F"' �� that certain private access and utility easement as shown on said Plat of Sawmill II is j � Subdivision. (� '' r i, f• I 'fib'-at i '4 Q:RESERVING, HOWEVER, unto the party of the first part for itself, its successors ....'.., '::.:0Y;',,:,714011, ;:and grantees. in and to Lot 1, Sawmill Subdivision, forever, an easement for a 1 '\ r 1 ' pedestrian trail existing and in place northeasterly of the "Building Envelope" I ' from the northwesterly r area of said Lot 2 as shown on the above referenced Plat. ,�� ,portion of the said Lot 1 to the public trail easement along Castle Creek as a � shown on said Plat for use by owners and occupants of the said Lot 1, Sawmill Sub-! -• •• division and- their guests. Said easement may be fenced by the parties of the se- c n part and g gates installed by them so lonrva (reservations coot,ind/or combinations.fie a in TOGETHER with all and singular the hereditament■ and appurtenances reun n ing,or n anywise .i \� •ppertaininR and the reversion and ions.remainder and remainders,rents,issues and p is thereof;and all 1t ., the estate,right,title.interest,claim and remand whatsoever of the said party of the first part,either in law orpsit, I of.in and to t above bargain premises,with the hereditament&and appurtenances. TO MATE AND TO HOLD the said premises above bargained-and described,with the appurtenances,unto the said parties of the second part,the survivor of them,their assigns,and the heirs and assigns of such survivor forever.And .J. the said party of the first part,for itself,.its successors and assigns,does covenant,grant,bargain sad saris is and the heirs and suits of seas survivor fthem,theerass rind Asttrdver '?.',• ` s°°.-' with the said parties of the second part,the s {gn inn I 4 4; that at the time of the enssaling and delivery of these presents,It is well seized of the premises above cony M of , good,sure,perfect,absolute and indefeasible estate of inheritance.in law,in fee simple,and has good right, power r ,� and lawful authority to grant,bargain.sell and convey the same in manner and form aforesaid,and that the same arc,. '*e = free and clear from all former and other grants. bargains, sales, Iieq�jaxp, awes metats d.enea.n ' wh kind ar nature eoever. EXCEPT general taxes for 1LYY 33s payable In 84; an. ' •� .3" TO reservations and exceptions as contained in the U.S. Patent recorded in Book -$ f , :t ;; 55 at Page 35: reservations and exceptions as contained in the U.S. Patent record-1 ` , '- '. ed in Book 39 at Page 35: terms. conditions and obligations of Contract for.Water 'l ;' Service recorded in Book 237 at Page 465; easements as granted to The City of 4 t �� �6 Aspen as recorded in Book 165 at Page 451: right of way and easement to-Rocky - Inc recorded ( ub1Qctions continued on back) ` i , ;1 . cep naaboveepremises gee n the quiet and peaceable possession of the said parties of the second part.the survivor of I them,their assigns and the heirs and assigns of such survivor, against all and every person or persons IawfUlly g claiming or to claim the whole or any part thereof,the said party of the first part shall and will WARRANT AND IrOREYER DEFEND. i IN WITNESS WHEREOF.The said party of the first part h sod Its corporate name to be hereunto s ilmaxibed . by its President and its corporate seal to be hereunto affxed,N/eebdbytts t 3 ' •'. ' i 1 1' 1 • a eeesNep,the day ant year first above written. t, .�.:.fr? 1 Atled: ! � S d a ' Y GENERAL EFFORTS CORPORADI�p '1 -- ? ;n s a Colorado corporation V7 ',` y _e'' %/. I _'e it �A- ',t� } STATE OF COLORADO, DONNELL' !' ;i; The forolrOMMdmotetnewat was acknowledged before me this �,�h day of NOYEIiBSR } `° le83 ,ei ., mle�,12c. ERDMAN as Msidenr.ea► c�' c .ems �� '•. � F,YPORTS CORPORATION �" i ' • My notarial commission expires -�.�-d7 Q wetness my ha and:7 seal. i I-4 • -- efirylul __ . . • . b o . t$ n I a.• ....it es II 4,,,,,,,t , /4. 1 , .., . •:.: -''• . --.- --:',,,,.:4,..:..;.1ff.;:-4A:?:.: N • , •A a tiw,. i ,c !, a ; 8 I C � .1 . • r. . . 1 , u . 1. i1 8 i• a 1' : F i Fir , . i �I- 1 1 2. . t�/'�^• i a l 55 i� r � r (RESERVATIONS - continued from reverse) ' r.vided to the parties of the first part. all at no.expenss to the,.-7,7. +yi t thereto are P k•miss of the parties of the `irst part. Such trail shall be maintained by the pa , second part in such condition to permit pedestrian use. provided hovevsr+ 'a1s zy second part shall have no obligation to remove snow therefrom. x .. ea of the s easement to a:diffor- r parties relocate the reserved �::=-.::.;, r • ^• � � second part may rel ,.k the se P „ �< th e of ,. �aad le their 8018 cost art thei �!,� The p ; ti`: eat location on the subject property from time to time at - expense so s long as pedestrian access to the public trail adjacent to Castle h' w :h y Creek as shown on said Plat es Subdivision for the easement shallobeta burd� 0 �''- �.. Lot o shall be at all t t of the arties of the 7 �' on Lot 2 for the benefit of Lot 1 for use and enjoyment p hex grantees and assigns. to z , . ° first part. its successors. a*:$ ., , • iy SIIBJSCTIONS - continued from reverse) � �� #4,« in gook.195 at Page bbS;conditiona. covenants. restrictions and obligati�s %^ • ;*:, ': as set out is the Subdivision Improvement Agreement recorded in Rook 437t : r t' : :if i ,: Page 174; terms. conditions and restrictioni as set out in County , rt,c , ea* `� �� ak° 82: 154 recorded in Book 439 at Page 521; a 20' trail ss�snC as sha�n�►��' �`�g � � y recorded Plat for Sawmill Subdivision; access. utility and water line to ik,,, ',> as shown on sold recorded plat; and De facto building set back lines• -centtd � 1 � ' by "Building Envelope" area. as shown' on said recorded P1sti a#4, •. t,' ". ;nf,�,x�c7'- , ��° `"°' INC from the warrants of title to any portion of the subject`•:property �. - brx "F K westerly of the thread of the stream of Castle Creek which is_dsscribed'ae� ; r �, of the ltarolt Ranch Subdivision according to the Plat thereof eppee� � � all' record reference* being to the seal property ipp*O4 1 Book t. ` :ni - " 0-N ;.:: Pitkin County. Colorado. V' . W' v t a." t"�pf.?.L -(4:t 1 7 F NfytS ,y. k.1` r•trmay. s `h -. .5 , T 1 i' ;,..g4,,, ,.. .i: e,'y i ! } ,-,f.. ,. n _ -i yd Tod, �. Y tTG A .Ni',,', , t i ON �} Y . *.:-..:: Os:: •-. ,- ,c,c - ,,.. w , JGAGS I .„4 0,. 05/04/84 a .j .. • DEED OF TRUST AND SECURITY AGREEMENT • BOOM 466 FA5E876 1 1 This Deed of Trust is made _ MAY 10 1984, between ALFRED J. DIETSCH and GERMAINE K. DIETSCH, as individuals ("Bor- rower" ), whose address is 100 Fillmore Street, Suite 600, Denver, Colorado 80206; and the Public Trustee of the County in which the I?y`,' `.,. real property is located ("Trustee") ; for the benefit of First Colorado Bank and Trust, a National Association ("Lender"), whose `'' address is 2696 South Colorado Blvd. , Denver, Colorado 80222. Borrower and Lender covenant and agree as follows: P 1 . Property in Trust. .Borrower, in consideration of the _ i > indebtedness herein recited and the trust herein created, hereby W grits and conveys to Trustee in trust, with power of sale, the r r{� following described property located in the County of Pitkin, I x :may. State of Colorado: "= w T,,. ._ %- Lot 2, Sawmill Subdivision, according to the Plat thereof recorded December 13, 1982 in Plat Book 14 at -.:Ii-R.- Page 21 as Reception No. 246282, together with that , certain private access and utility easement as shown on .7,, T said Plat of Sawmill Subdivision, and also together -44,,' with that certain easement for access and utilities , 'w across a part of Lot 1, Sawmill Subdivision, as set at _ forth in Grant of Easement recorded November 4, 1983 in Book 455 at Page 18 as Reception No. 254729. ;. County of Pitkin, State of Colorado. This indenture includes all buildings, structures and ` .', .•. 4 improvements now or hereafter placed on the above-described prop- . erty, and all fixtures, equipment, appliances, agreements, ' leases, contract rights, option rights, documents of title, 3.- plats, surveys, soil and engineering. data, plans and specifica- ��1 tioas, goods to become fixtures, materials to be incorporated "" into the improvements on the Property and other items of personal property now owned or hereafter acquired by the Borrower and used = " in the ownership, construction, operation, management or main- -; tenance of the above-described property, all �' P P Y. proceeds of the � 4� conversion, voluntary or involuntary, of any of the foregoing `'�:rtY" into cash or liquidated claims, including, without limitation, r +' x proceeds of insurance and condam•iation awards, and all the ... rights, -4rmits, co.-poreal or uncurporeal hereditaments, appur- .t... tenances, Id easements thereto belonging or in any way apper- e,: taining, tc,_ !ther with any after acquired property interest in = `" the above-described property which Borrower may at any time here- ' °`�` after have or acquire, and also all reversions and remainders, 4.... _ issues, uses, royalties, profits and income of the above- Pon.-1,-1 •described property until the debt secured hereby, is paid in full. . This indenture further includes and encumbers all oil, '� , gas, min- ,;: ' .• erala, and oil, gas and mineral rights, leases or leasehold in- V;: . ': terests, water, water rights, ditch and ditch rights, reservoir , ;, and reservoir rights, drains and drainage rights, owned by Bor- ;. ,,.' rower and appurtenant to, located on, under or above or used in connection with the above-described property, or any part there- s ' ' ter., of, whether now existing or hereafter crested or acquired; to- gether •::`� " with all prepaid water, sewer and other utility fees, and .; all sanitary sewer rights and storm sewer rights and all water •.' and sewer taps or wait list deposits with respect to the above- described property and all of Borrower's rights to have the above-described property served with water, sewer and other util- . ities; together with all present or future right, title and in terest of Borrower, if any, in and to. in t the land 'Lying ihe bed i� of any street, road, aveus, opened or proposed, in front of or adjoining such property, and all other or -greater rights and m interests of every nature in the foregoing property and Bor- 4 Y a~n z= C • JlaA4J3 l 05/04/84 ts4668'77 . rower' s rights to the possession or use thereof and income there- for, whether now owned or subsequently acquired by Borrower. i All the above-described property (whether real or per- 1 sonal) is referred to below as the "Property. " The enumeration of any specific property shall not exclude any property not epe- it , cifically mentioned. 2. Note; Other Obligations Secured. This Deed of Trust is t '. given to secure to Lender: • (a) The repayment of the indebtedness evidenced by . _ ; -•; Borrower' s note ("Note") of even date herewith, payable to the order of Lender, in the principal sum of Three Hundred Ninety-Five Thousand and no/100 U.S. Dollars (S395,000.00) . ''',," with interest on the unpaid principal balance as provided in ;>� :r'.! the Note. The terms and provisions of the Note are incorpo- rated herein by this reference. Principal and interest still be payable at 2696 South Colorado Blvd., Denver, Colorado 80222, or such other place as Lender may designate. . ,.' s•Payments of interest-only at a rate equal to Lender's Prime Rate plus 11/2 shall be due on the first day of each month beginning JUNE 1 , 1984_. Such payments are to con- tinue until the entire indebtedness evidenced by the Note is -` ' fully paid. If not sooner paid, the entire principal amount outstanding and accrued interest thereon, shall be due and �' ;., '. ` i payable on NOVEMBER 8, 1985 . (b) All other instruments now or hereafter evidencing ., or securing the above described indebtedness or any part �° ;,,';• thereof. (c) The payment of all other sums, with interest . thereon, at a rate which is equal to the greater of 4% above : , , -. the regular rate of interest provided in the Note or 18% per `..;, ;?_ • annum, disbursed by Lender in accordance with this Deed of Trust to protect the security of this Deed of Trust. s1T • (d) The performance of Borrower's covenants and agree- Syr 45 ments provided in this Deed of Trust, in the Note, and in r any' other- instrument executed by Borrower far the purpose of securing the indebtedness represented by the Note. . , "x lc (e) Payment of such additional sums, with 'interest ,ri' ' - thereon, as may be hereafter borrowed from Lender by the ' ,)'' then record owner or owners of the Property when evidenced by a promissory note or other instrument. ( (C 0,04.0.,--. =. (f) The payment of default interest, at an increase•i + ,. rate of 4 percentage points higher than the regular rate of 1 interest specified in the Note (for illustrative purposes .;f, only, if the Prime Rate of interest is then 8ijz, the Default � ``�' ,.:t Rate shall be 14%, upon any indebtedness of the Borrower ' . . not paid when due hereunder (the "Default Rate"). ! .;L,• -it • (g) The performance of Borrower's covenants and agree- F r t manta provided in that certain Construction Loan Agreement '': ! between Alfred J. Dietech and Germaine K. Dietsch and �• ; ° "Lender" of even date herewith ("Construction Loan Agree- ment") .ment") . I. 3. Title. Borrower covenants that Borrower owns and has the right to grant and convey the Property, and warrants title to the same, subject to general real estate taxes for the current j year in which this Deed of Trust is executed. Borrower further warrants that the Property is free and clear of all liens, secu- rity interests, encumbrances, arid other title matters whatsoever, fi . including without limitation, mechanic's liens, materialmen's liens, and liens for special assessments for work completed or -2- • 05/04/84 Eal ; 0 x 466 PAGE878 under construction on the date hereof, except the title matters set forth in Exhibit A attached hereto and incorporated herein by this reference. • 4. Payment of Principal and Interest. Borrower shall prcmptly pay when due the principal of and interest on the -in- • debtedness evidenced by the Note and late charges as provided in I : the Note, and shall perform all of Borrower's other covenants "" ,.V contained in the Note. ! '`' ' 5. Application of Payments. All payments received by Lender shall be applied by Lender first in payment of amounts due pursuant to paragraph 11 (Protection of Lender's Security), and lf -'31` then in accordance with the terms and conditions of the Note. `^A"' --,N 6. Deeds of Trust; Taxes and Other Charges; Liens. Bor- rower shall perform all of Borrower's obligations pursuant to any deed of trust and any other instrument or lien encumbering the ° Property, and will not, without the prior written consent of the Lender, permit any additional encumbrances or liens, including " _ . ' without limitation, any mechanic's or materialmen's lien, against the Property, or any part thereof, regardless of whether the same are expressly or otherwise subordinate to the lien_ Or security t '. interest created by this Deed of Trust. Should any of the fore- J:Y._ going encumber the Property hereafter, without the prior written consent of the Lender, Borrower will cause the same to be prompt- '' ly discharged and released. If Borrower fails to perform any '.� _`' S term or condition of any deed of. trust encumbering the Property, i or of any promissory note secured thereby, or of any other in- strument or lien encumbering the Property, per- -,1, ). ' p y, such failure to form auall ccrsti ` tte a default hereunder, and entitle Lender to exercise any ,n 1.1. of the remedies provided herein. Borrower ' shall pay all ta' assessments and other charges, f.nes and impositions attribut Dle to the Property which have Y may ve or attain - :' Y a priority over ;:.tea Deed of Trust, and will cause all debts and --3 “,k, liabilities of any character incurred in the maintenance, opera- 4i , tion and development of the Property to be promptly., paid or bond- t' ed off to Lender's satisfaction prior to delinquency, including $ ,.z„ ,; without limitation, all debts and liabilities for labor, material 'i` and equipment and all debts and charges for utilities servicing �mr ' the Property. Borrower will furnish the. Lender with receipts showing payment of any taxes and assessments attributable to the Aft.- „' Property prior to the. applicable default date therefor. Despite eT the foregoing, Borrower shall not be required. to make a '� payments , i f otherwise required by this paragraph. if Borrower, after written sW '' notice to Lender, shall in good faith contest such obligation by, r. '� • ' or defend enforcement of such abli ation in, legal proceedings ,•-' r' g 4 proceed.n • ,� �, ; which operate to prevent the: enforcement of the obligation or W, ` forfeiture of the Property or any part thereof, and post security a;,...; in connection therewith satisfactory to Lender. "'�;`'"° `' ` 7. Property Insurance. Borrower shall keep the improve- , ments now existing or hereafter erected on the Property insured ''"�.,`''',-' against loss by fire or hazards included within the term "extend- ?fiv ed coverage, ” which insurance shall be satisfactory to Lender, and shall be in an amount at least equal to the full replacement )';��.., value of the buildings, improvements, furniture, furnishings, � •` fixtures, equipment and other items . a *; (whether personalty or fix- •9,.0 ._; . tures) included in the Property, without reduction for deprecia- ? 44 '.>q tion, but in no event less than an amount sufficient to pay the ` sums secured by this Deed of Trust as well as any prior encum- brance on the Property. During any period of construction upon the Property, Borrower shall maintain builder's all risk extended. coverage insurance in form and substance and in such amounts as Lender shall require. Borrower shall also maintain comprehensive . i 5. general liability insurance for personal injury, including with- out limitation, bodily injury and death or property damage lia- bility, and blanket contractual liability on a per person basis. If the Property is situated in an area now or subsequently -3- 4 . ' li • JCACS I ,,� Bong 466 P E 1J 4 mdeenoot gnDaatiiesnd at satiaen s r fhaovootid ne g ci tnsp aAniccat l of fn l 7'11313,ah rt ad mseqn uded, hro er y hache cost of. any buildings and improvements constructed thereon or the maximum amount of flood insurance available, whichever is the lesser. In addition, Borrower shall maintain such other insurance on the Property in such amounts as may from time to ':*- time be required by the Lender, against other insurable hazards ,_ or casualties which at the time are commonly insured against in the case of property with si:nilar characteristics. All such insurance shall be subject to the approval of the Lender ds to ,-I • insurance companies, amounts, content and forms of policies and ;lr expiration dates. All of the foregoing shall hereinafter be + ? .;`z_. referred to as "Property Insurance. " • It* Any insurer providing Property Insurance shall be qual- ty.. .' ified to write insurance in Colorado, and shall be approved by Lender. All insurance policies and renewals thereof :.hall in- clude a standard mortgagee clause in favor of and in form accept- able to Lender, and shall provide that the insurer shall notify Lender at least twenty days before cancellation, termination or any material change of coverage. Insurance policies and any re- newals thereof shall be furnished to Lender prior to the effec- tive dates and renewal dates thereof, and Lender shall have the right to retain ':he policies and renewals thereof. In the event of loss, Borrower shall give prompt writ- .{ ten notice to the insurer and Lender. Lender may make proof of loss if not made promptly by Borrower. Property Insurance "'''t` p y proceeds shall be applied to recto- - ration or repair of the Property damaged, provided such restore- I. tion or repair is economically feasible and the. security of this Deed of Trust is not thereby impaired, as determined by Lender in =?=•'• ' its sole discretion. If restoration or repair is not economical. ;"•"_ ly feasible or if the security of this Deed of Trust would be ilia- , t. . . paired, Property Insurance proceeds shall be applied to the sums secured by this Deed of Trust, with the if any y, paid to . i4* Borrower. If the Property is abandoned by Borrower, or if Bor- rower fails to respond to Lender within fifteen days. from the date notice is given in accordance with paragraph 21 (Notice) by 11,:: i Lender to Borrower that the insurer offers to settle a claim for Property Insurance benefits, Lender is authorized to collect and • a apply the Property Insurance proceeds, at Lender's option, to '�vi.r restoration or repair of the Property or to the sums secured by , this Deed of Trust. 4'y Any such application of proceeds to principal shall not '_•` ' extend or postpone the due date of the installments referred to 7` jr in paragraph 4 (Payment of Principal and Interest), or change the r ; " :?. amount of such installments. Notwithstanding anything herein to Pi. the contrary, if pursuant to paragraph 14 (Default; Acceleration;Foreclosure; Other Remedies) the Property is acquired by Lender, ail right, title and interest of Borrower in and to any Property li' "s ` y party ,,E Insurance, and the proceeds thereof, resulting from damage to they Property prior to sale or acquisition shall pass to Lender to the ' extent of the sums secured by this Deed of Trust immediately ✓ .'R prior to such sale or acquisition. ,-4.• - gar B. Representations of Borrower. Borrower, for itself and its successors and.assigns, represents, warrants and covenants as follows: (i) Borrower is solvent and no bankruptcy or insolvency proceedings are pending or contemplated by Borrower or, to Bor- • rower's knowledge, , against Borrower or by or against any joint venturer or partner of Borrower; (ii) all reports, certificates, affidavits, statements, and other data furnished by Borrower to the Linder in connection with the indebtedness evidenced by the Note are true and correct in all material respects .and do not omit to state any_ fact or circumstance necessary to make the ' -4- JGAG5 I if 05/04/84 as ill II 466 FACE 880 statements contained therein not misleading; (iii) final certifi- cates will be issued as required by any governmental authority having jurisdiction over the construction, use and operation of any improvements constructed on the Property, evidencing compli- ance with all building permits, approval of full occupancy of such improvements, end approval of all installations therein; • (iv) all materials, machinery, furnishings, fixtures and equip-. : ment and other personal property normally required for the opera- tion of the Property will be installed in the improvements on the Property, and will be owned by Borrower, free and clear of any • liens or charges and will be paid for in full; (v) there are no ,i . judicial or administrative actions, or proceedings pending or ? ; threatened against or affecting Borrower or the Property; (vi) ` the Property is or will be served by such electric, gas, sewer, water and other utilities required for the use thereof and said P Y public streets or through valid utilities, enter the Property from valid easements superior to all liens on the real property coy- . ered by such easements; (vii) the Property is or will be free . from any unpaid water charges, sewer rents, taxes and assess- 4 i._om; meats; (viii) all public streets necessary to serve the Property r'r1; I have been or will be completed and are serviceable, have been or will be dedicated and accepted for maintenance and public use by . . appropriate governmental entities and the Property has valid 'a ` access thereto; (ix) all private streets providing access to the ?y,... Property have been or will be paved and paid for; (x) the Prop- ; erty is free from damage caused from fire or other casualty and . no part of the Property has been taken in condemnation or like t,,;..' :;. proceeding nor is any such proceeding pending; (xi) the Note, , this Deed of Trust and all other instruments evidencing or secur- ! I.' ing the Note constitute the legal, valid and binding obligations of Borrower and any other party thereto; and (xii) the execution -' :'":? and delivery of, and performance under the Note, this Deed of Trust, and any other instrument evidencing or securing the Note, are within Borrower' s powers and have been duly authorized, by F.` all requisite action and are not in contravention of law or Bor .. � .. rower's organizational and governing documents; and (xiii)• the , 'ga execution and delivery of this Deed of Trust, the Note and all other instruments securing the obligations of the. Note do not Vii° contravene, result in a breach of or constitute a default under v;,. any contract or agreement affecting the Property, or to which Borrower is a party or to which Borrower or any of its properties may be bound and-do not violate or contravene any, law, order, I . decree, rule or regulation to which Borrower or the Property is subject. TA- 9. Preservation and Maintenance, of Property; Compliance with Governmental Regulations; Borrower's Existence. Borrower shall keep the Property in good repair and shall not commit waste �$�. '`t '- or permit impairment or deterioration of the Property. Borrower `` M'.. !: I shall perform all of Borrower' s obligations pursuant to any '):,�• >:.; leases, declarations., covenants, bylaws, ruler, or other docu- menta governing) the use ownership, 'or occupancy of the Property. A . Borrower w.i'li, not'. use or occupy, or allow the use or occupancy. ' of thei Property in. any manner which constitutes a public or pri- r':,' ', vate nuisance, or which makes. void, voidable or cancellable, or Imo' increaseer the premium, of, any insurance then in force with re- �''- sped thereto. Borrower will not initiate or, through any act or i*' failure, to act, acquiesce, in any, zoning reclassification of the; •' Property or seek any variance, under existing zoning. ordinances ' . . applicable to the Property except with Lender's prior written ; hy. consent, or use or permit the use of the Property in such a man- ner as would result in such use becoming a non-conforming use under applicable zoning ordinances or other applicable laws, : ' • rules or regulations. Borrower shall comply with all the laws, acts, rules; regulations and orders of any federal, state, .muni- cipal, legislative, administrative or judicial body, commission or officer exercising any power of regulation or supervision over ;' Borrower or the Property for the construction, use or operation i thereof. 4_ 1� 1 -7,- JGACSI f . ea.,K 466 ME {05414 ace': 10. Books and Records. Borrower will keep accurate books and records in accordance with sound accounting principles in which full, true and correct entries Shall be promptly made as to • all operations of the Property, and if, and as often as, reason- , ably requested by the Lender, Borrower will make reports of oper- ations in such form as the Lender prescribes, setting out full . data as to the revenues from the Property. • 3 . 11 . Protection of Lender' s Security; Indemnification. If ` .` 1 f i •. Borrower defaults pursuant to the covenants and agreements con- { tained in this Deed of Trust, the Note, or any other instrument i evidencing or securing the indebtedness secured by this Deed of . /. Trust, or if a default occurs in regard to any other deed of I. : trust or other lien encumbering the Property, or if any action or proceeding is commenced which materially affects Lender's inter- `:".j i est in the Property, then Lender, at Lender's. option, may make :';;r4; such appearances, disburse such sums, and take such action as is necessary to protect Lender' s interest, including, but not lim- ited to, disbursement of reasonable attorneys' fees and entry upon the Property to make repairs. If any legal proceedings are m., a irstituted challenging the validity Cr priority of this Deed of i Trust or of any rights, titles, liens or security interests cre- ated or evidenced hereby, Borrower will give prompt written notice thereof to the Lender and at Borrower's own cost and ex- d pense will endeavor to cure any defect that may be claimed, and will take all necessary and proper steps for the defense of any such legal proceedings, including but not limited to, the employ- ment of counsel, the prosecution or defense of litigation and the x'', release or discharge of all, adverse claims. Borrower hereby il,; assigns to Lender any right Borrower may have by reason of any encumbrance of the Property, or by law, or otherwise, to cure any default under any other encumbrance of the Property, and hereby M specifically authorizes Lender, at Lender' s option, to act as ., I � E Borrower' s agent in order to accomplish any of the foregoing.. Borrower hereby assigns to Lender the right, but with- `� out any obligation of Lender t) exercise such right, to pay obli „` gations and: indebtedness of the Borrower, diucharge monetary liens against the Property, satisfy judgments against the Bor- rower- or obtain releases of judgment liens against the Property, ; all on behalf of and in the name of the Borrower. "i R: Any amounts disbursed by Lender pursuant to this para- graph, with interest thereon at the Default Rate shall become " • : additional indebtedness of Borrower secured by this Deed of Trust. Such amounts shall be payable upon notice from Lender to { Borrower requesting payment thereof, and Lender may bring suit to collect any amounts so disbursed plus interest. Nothing con- r tained in this paragraph shall require Lender to incur any ex- '.; t` '''1411.1i pence or take any action hereunder. 0 Borrower will indemnify and hold harmless the Trustee `dF,5' r' and the Lender from and against, and reimburse them for, all ' 'r claims, liabilities, penalties, and expenses (including, without m;•limitation, reasonable attorneys'' fees) whi-h may be asserted t against or incurred, by, reason of any bodily, injury or death or. s';?.. property damage occurring in upon or in the, vicinity of the '° " Property through any cause whatsoever, or asserted` against them ) ,: on account of any such act performed or omitted to be performed ._ hereunder or on account of any transaction arising out of or in x any way, connected with the Property or with this Deed of Trust, the Note, or any other instrument evidencing or securing the obligations secured by this Deed of Trust, save and except for their willful misconduct. Any amount to be paid hereunder by Borrower to the Lender shall be. a demand obligation owing by Bor- rower to the Lender and shall be secured by this Deed of Trust. 1 • • JGAG5I i 0 • 05/04/84 BON 466 P,G[8S2 12. Inspection. Lender may make or cause to be made rea- sonable entries upon and inspection of the Property at any rea- sonable time. 13. Condemnation. Immediately upon obtaining knowledge of the institution of any proceedings for the condemnation of the Property or any portion thereof, Borrower will notify the Lender of the pendency of such proceedings and the time and place of all r"• meetings, hearings, trials or other proceedings relating thereto. ; `r !<<: The Lender may participate in any such proceedings, and Borrower ; -_. shall from time to time deliver to the Lender all instruments � required by it to permit such participation. Borrower sha' 1, at €'i� its expense, diligently prosecute any such proceedings, and shall '' consult with Lender, its attorneys and experts, and cooperate 0 with them in the conduct of or defense of any such ..proceedings. fl- .The proceeds of any award or claim for damages, direct or conse- quential, in' Connection with any condemnation or other taking of the Property, or part. thereof, or for conveyance in lieu of con- demnation, are hereby assigned and shall be paid to Lender and shall be appled, first, to reimburse the Lender or the Trustee for all costs and expenses, including reasonable attorneys' fees, . incurred in connection with collection of such proceeds and, € second, at Lender' s option, may be applied to the reduction of �1' . the indebtedness secured hereby, or to the restoration or repair of the Property, or relea ?d to Borrower to make the necessary restoration or repairs. Lender is hereby empowered, in the name ' of Borrower, to receive and give acquittance for or to appeal from any such award, judgment or decree whether it be joint or several. The Lender shall not be, in any event or circumstance, i liable or responsible for failure to collect, or exercise dili- gence in the collection of, any such proceeds, judgments, decrees or awards. Any application of proceeds to principal shall not ex- tend or postpone the due date of the installments referred to in paragraph 4 (Payment of Principal and Interest) nor change the ' amount of such installments. jr 14. Default; Acceleration- _Foreclosure; Other Remedies. The . . term "default" as used. in this Deed of Trust shall mean the oc- currence of any of the following events: (a) Borrower' s failure to pay any amount required to be paid under the Note, this Deed of Trust or any other in- `' a4.`. strument evidencing or securing the indebtedness secured by . ` • this Deed of Trust, on or before its due date, or after `� notice, if notice is required pursuant to the Note, whether ' at maturity or when accelerated pursuant to any power to ' accelerate. ._ , 1 (b) Borrower' s failure to timely perform any non-move- ;r;'= .," tary term or obligation provided in the Note, this Deed of 1;'a' :•lrust, or any other instrument evidencing or securing the i, ,, indebtedness secured by this Deed of Trust, if such failure - . remains uncured upon the expiration of 15 days after written notice thereof is given to Borrower by Lender, or such rea- `" sonable time thereafter if such failure cannot reasonably be ''.'4,;c � cured within 15 days, provided that Borrower commences to cure such default during such 15-day period and diligently . prosecutes such cure to completion. Further provided, that in no event shall such failure continue for a period in excess of 30 days after notice. (c) If any representation' or warranty comtained herein s or in the Note, or in any other instrument evidencing or securing the indebtedness secured by' this Deed of Trust, or otherwise made by Borrower or any joint venturer or partner - of Borrower to the Lender in .connection with the i . -7- III • �f ' JGAGS I ' 05/04/84 1 Ka 466 PMT=88'3 indebtedness evidenced by the Note, shall be false or mis- leading in any material respect. (d) If a default occurs under any other instrument evidencing or securing the indebtedness secured by this Deed of Trust. (e) If Borrower becomes insolvent, or makes a transfer f' in fraud of creditors, or makes a general assignment for the benefit of creditors, or admits in writing its inability to pay its debts as they become du,..., nr if an order for relief 'L: - is entered against Borrower under ;.he Federal Bankruptcy Code, or any similar law of the United States or any state thereof, or if Borrower requests or consents to.any composi- tion, arrangement, extension, reorganization or other relief tw of debtors. (f) If a receiver or trustee is appointed for all or • substantially all of the assets of Borrower or for any of the Property in any proceeding brought by Borrower or any such receiver or trustee shall be appointed in any proceed- '_` ing brought against Borrower, if such receiver is not dis- charged within 30 days after appointment. #.` . (g) If Borrower abandons all or a portion of the Prop- }' erty. Vie (h) If Borrower dissolves, liquidates or terminates its existence. 11 . (1 ) If so rr• ii of the Property is taken in condemns- J tion, or sold in lieu of condemnation, or the Property is sod diminished in value due to damage to the Property, that the i remainder thereof cannot, in the judgment of the Lender, „ ::.,4 continue to be operated profitably for the purpose for which +,°= Y it was being used immediately prior to such taking, sale or 1. diminution. }: S} (j ) If a Transfer occurs pursuant to paragraph 16 • (Transfer or Encumbrance of the Property; Due on Transfer or ;< a Encumbrance). • Upon a default, at Lender' s option, all of the sums `=s• secured by this Deed of Trust shall be immediately due and pay- able.able. To exercise this option, Lender may invoke the power of .:' sale and any other remedies permitted by law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Deed of Trust, including, 'ate.. but not limited to, reasonable attorneys' fees. �: ? If Lender invokes the power of sale, Lender shall give =, written notice to Trustee of such election. Trustee shall give such notice to Borrower of Borrower's rights as is provided by law. Trustee shall record a copy of such notice as required by _.-.} law. Trustee shall advertise and otherwise provide notice of the ` time and place of the sale of the Property, in the manner as may • then be provided by law. °ter the lapse of such time as may be • \ required 1.)y 1..:., Trustee, without demand on Borrower, shall sell ~� the Property at public auction to the highest bidder for cash at ..'2:'' the time and place (which may be on the Property or any pert • thereof as permitted by law) in one or more parcels as Trustee • may deem best and in such order. as Trustee may determine. The • sale or sales and said deed or deeds so made shall be a perpetual bar, both in law aid equity, against Borrower and all other per- sons claiming the Property, or any part thereof by, from, through or under Borrower. Lender or Lender's designee may purchase the Property at any sale. It shall not be obligatory upon the pur- - ' chaser at any such sale to see to. the application of the purchase 4 money. kj_ t 1 n Ii ti JGAGS I .'• 05/04/84 i ® BOOK 466 Fa'�E8S4 Trustee shall apply the proceeds of the sale in the following order: (i) to all reasonable costs and expenses of- the sale, including, but not limited to, reasonable Trustee's and attorneys' fees and costs of title evidence; (ii) to all sums secured by this Deed of 'Trust; and (iii) the excess, if any, to the person or- persons legally entitled thereto. . This instrument shall be effective as a mortgage as ,_i`:r. well as a deed of trust, and upon the occurrence of a default, i ,, may be foreclosed as to any of the Property in any manner per- + '. _ •mitted by the laws of the State of Colorado. s';. `! z Y_ 15. Assignment of Rents" Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby .4" . assigns to Lender the rents and income of the Property, including �',T'.k . all rents, royalties, revenues and rights accruing pursuant- to all leases and tenancies now or hereafter affecting the Property and pursuant to all present and future oil, gas and mining leases affecting the Property; however, Borrower shall, prior to a de- C' `,. fault, have the right to collect and retain such rents as they become due and payable. . • Borrower shall perform every obligation of the landlord ' :''x and shall enforce every -bligation of the tenant in every lease that is assigned to the Lender or any tenancy in which the rents are assigned to the Lender (except as is required in the ordinary .''? ; course of Borrower' s business) and shall not modify, alter, t►aiv- IP er or cancel any such lease or any part thereof (except as is required in the ordinary course of Borrower' s business), nor an- ticipate for more than one month any rents that may be collect- ible under any such lease and shall not further assign any such lease or any such rents without the prior written consent of Lender. Lender may (but shall not be obligated to) take any action Lender deems necessary or desirable to prevent or cure any, default by Borrower under any of such- leases. Lender shall have the right to enter upon the Property and any other property owned =r• or controlled by Borrower which is affected by any of the terms, °j ., ' j conditions; provisions, covenants and agreements of any of the tenant leases to such extent and as often as Lender, in its sole '. discretion, deems necessary, or desirable, in order to prevent or. cure any default by Borrower. Lender may expend such sums of it;. money as Lender, r.i its sole discretion deems necessary, for any such purpose, and charge to Borrower the cost thereof as provided '"' herein,. Lender or the holder of the Trustee's certificate of purchase shall be entitled to a receiver for the Property after a default, and shall also be so entitled during the time covered by foreclosure proceedings and the period of redemption, if any; and " .; - shall be entitled thereto as a matter of right without regard to the solvency or insolvency of Borrower or of the then owner of the Property, and without regard to the value thereof. Such re- ceiver may be appointed by any court of competent jurisdiction =� '' upon ex parte application and without notice, notice being hereby F, • 7`, expressly waived. Borrower hereby consents to the appointment of k4 '*<` '_ etch receiver, waives any and all defenses to such appointment ' ° . an9 agrees not to oppose any application therefor. �,��.' � Upon a default, Lender, in person, by agent, or by, judicially-appointed receiver,_ shall be entitled to enter upon. take ,»seseiou of, and manage the Property, without interference frc.m R,.rrower, and to ccllect the rents of the Property including those past dub. All rents collected by. Lender or the receiver shall be applied, first, to payment of the cc+sts of preservation s and management of the Property, second, to. payments due upon prior liens, and then to the sums secured by this Deed of Trust. Lender and the receiver shall be liable to account only for those rents actually received. -A11 such -expenses and liabilities in- t curred by the Lender or receiver, if not paid from rents as • -9- JGAGSI RP 05/04/E'4 pppp5 he p0014 it P,���EOo reinabo-,e provided, shall constitute a emand obligation owing • • by Borrower and shall accrue interest from the date of expendi- tur.F until paid at the default rate of interest provided in the ; Note, all of which shall constitute a portion of the indebtedness secured hereby. If necessary to obtain the possession provided for above, the Lender or receiver may . invoke any and all legal remedies to dispossess Borrower. In connection with any action !, ,,ii,"' ; taken by the Lender or receiver pursuant to this paragraph, the :_: Lender or receiver shall not be liable for any loss sustained by r; .. Borrower resulting from any failure to let the Property, or any part thereof, or from any other a t or omission of the Lender or receiver in managing the Property or any part thereof, or the '•::r` exercise of rights or remedies hereunder. Borrower does hereby '+ agree to indemnify the :ender and receiver for and to hold the Lender and receiver harmless from, any and all liabilities, loss ;'''" or damage which may be incurred by the Lender or receiver under. 1 °'r•!,' any lease or tenancy agreement affecting the Property, or under this Deed of Trust, or the exercise of rights or remedies here- under and from a:,y and all claims and demands, whatsoever t'h-ich may be asserted against the Lender or receiver by reason of any alleged obligations or undertakings on its part to perform or " _`.'- discharge any of the terms, covenants or agreements contained in ,`. 1'; any such lease or tenancy agreement. Should the Lender or re- ' ceiver incur any such liability, the amount thereof, including costs, expenses and reasonable attorreys' fees, shall be secured hereby and sh.d 1 be a demand obligation hereunder. Nothing in . 1 Sr . this paragrapt. shall impose any obligation upon the Lender or ;` receiver for the control, management or repair of the Property, or for any of the terms and conditions of any such lease or ten- ancy agreement; nor shall it operate to make the Lender or re- ' ' ceiver responsible or liable for any waste committed on the Property by a tenant or by any other party or for any dangerous or defective condition of the Property, p y, or for any negligence in the management, repair or control of the Property resulting in loss or injury or death to any tenant, licensee, employee or. ,crMb" stranger. Borrower hereby assents to, ratifies and' confirms any ,ntx' • and all actions of the Lender or receiver with respect to the '. Property pursuant to this paragraph. 16. Transfer or Encumbrance of the Property; Due on Trans- .. fer or Encumbrance. The following events shall be referred to y`. herein as a "Transfer": A voluntary or involuntary transfer or i`.- i conveyance of 'i tle (or any portion thereof legal or equitable) ,;,,`` of the Property (or any part thereof or interest therein), in- � .. cludin _ -4 • g, without limiting the generality of the foregoing, a ,,/. ` transfer resulting from eminent domain proceedings, casualty '�, �, : resulting in oa p :k.,�.V g yment of insurance proceeds, or foreclosure; the f' .;:; execution of a contract or agreement creating a right to title ? (or any portion thereof, legal or equitable) in the Property (or "." any part thereof or interest therein ' ` ); or an agreement granting a '�-'� possessory right in the Property any portion excess of three years; or the trinsfsr of mor h than 25% of the capital stock of Borrower (if Borrower is a corporation); or the .: ' substitution of a general partner or joint venturer (if Borrower -.4`,:z.:-!..';:* , is a partnership or joint venture); or the creation of a lien or ,l,-,=!.:1; encumbrance subordinate to this Deed of Trust. Not to be includ- ed as a Transfer are the creation of a purchase money security �x, interest for household' appliances, a transfer by revise, descent,by operation of the law upon the death of a joint tenant. In the event of each and every Transfer, all sums secured by this •`''� Deed of Trust shall be immediately due and payable, without notice or any action by Lender. - 17. Borrower Not Released. Extension of the time for pay- ment or modi•:ication of amortization of ,the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liabil- ity of the Borrower, nor Borrower's successors. in interest, from the original terms of this Deed of Trust. Lender shall not be A t . • l -10- .. JGAG5I 05/04/84 ••... r, BOOB 466 pa6 required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization- of the sums secured by this Deed of Trust by reason of any demand made by the Borrower nor Borrower's successors in interest. The lien of this Deed of Trust shall remain in full force and effect during any modification, postponement, extension or renewal of the time of payment of the indebtedness or any part thereof se- cured hereby. Lender is hereby subrogated to the lien of any ,. mortgage, deed of trust or other lien discharged, in whole or in 4. part, by the proceeds of the indebtedness secured hereby. !" ,, . 18. Forbearance by Lender Not a Waiver. Any forbearance by .( Lender in exercising any right or remedy hereunder, or otherwise j`' afforded by law, shall not be a waiver or preclude the exercise ea`t of any such right or remedy. No covenant, agreement, or term or -%•ri:,'"''`5` condition in this Deed of Trust or the Note to be performed or y`"s ' complied with by Borrower, and no breach thereof, shall be i" 's:. waived, altered or modified except by a written instrument exe- " cuted by Lender. No waiver of any breach shall affect or alter '' 'y.; this Deed of Trust, but each and every covenant, agreement, term and condition of this Deed of Trust and the Note shall continue in full force and effect with respect to any other existing or subsequent breach thereof. 19. Remedies Cumulative. Each remedy provided in the Note, this Deed of Trust, or any other instrument evidencing or eecur- +`' ing the indebtedness secured by the Deed of Trust, is distinct {1 --' fzom and cumulative to all other rights or remedies under the �J Note, this Deed of Trust, or any other instrument evidencing or securing the indebtedness secured by the Deed of Trust, or af- forded by law or equity, and may be exercised - concurrently, inde pendently, or successively. , 20. Successors and Assigns Bound; Joint and Several Liabil- ity; Captions. The covenants and agreements herein contained :,,' shall bind, and the rights hereunder shall inure to, the respec- ,+ 4.. tive successors and assigns of Lender and Borrower, subject to ,hi the provisions of paragraph 16 (Transfer or - Encumbrance of the Property; Due. on Transfer or Encumbrance) . All covenants and ar agreements of Borrower shall be joint and several. The captions ";"; and headings of the paragraphs in this Deed of Trust are for t: i convenience only, and are not to be used. to interpret or define .., ' the provisions hereof. s : is ' . 21. Notice. Except for any notice required by law to be ' " � given in another manner, (a) any notice to Borrower provided for �" `. . in this Deed of Trust shall be in writing and shall be given and • ' '' be effective upon (i) delivery to Borrower, or (ii) mailing such ; ,, i_f,. notice by certified mail, return receipt requested, to Borrower at Borrower's address stated phereine or at such addressed :: .,■ address as Borrower may designate by notice to Lender as provided rr� herein, and (b) any notice to Lender shall be in writing and shall be given and be effective upon (i) delivery to Lender, orfr..r� (ii) mailing such notice by certified mail, return receipt re- _ quested, to Lender's address stated herein or to such other })' a *�' F, - . address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Deed of Trust shall be .. _ . deemed to have been given to Borrower or Lender when given in any ''• manner designated herein. 3'' y11 22. Governing. Law; Severability. The Note and this Deed of __ __ Trust shall be governed by the law of Colorado. In the event that any provision or clause of this Deed of Trust or the Note conflicts with the law, such conflict shall not affect othe r pro- visions of this Deed of Trust or the Note which can given vn effect without the conflicting provision, and to this end the provisions of this Deed of Trust and 1 severable. the Note are declared to be r, :1 -11- . J5/04/84 ,.._ ;r `•' ,.i • BOOM 466 WEgliF . • 23. Purchase Agreements. With respect to all existing or i •. any future purchase or- option agreements affecting the Property l:: : ' or any portion or interest thereof, naming the Borrower, its suc- c,;,•i:. cessors and assigns as seller (hereinafter referred to as • the i "Contracts"), the Borrower agrees: (a) to faithfully perform the ` r' Borrower' s covenants as seller under the Contracts and neither do, nor neglect to do, nor permit to be done, anything (other :e:;4 :,- e:;4 - than pursuing the enforcement of the terms of the Contracts in • the exercise of the seller' s remedies thereunder following de- ::,;• ' fault on the part of any purchaser short of termination, which '' F shall be effected only with the prior written consent of the ;: ;':. •r Lender) which might diminish or impair the value of any of the ip Contracts or the payme-its provided for therein, or the interest • of the Borrower or the Lender therein or thereunder; and (b) to 'r ` . ` execute and deliver to the Lender such collateral assi gnmente as might be required by the Lender with respect to the Contracts now :,..; or hereafter affecting the Property. _ ' ; 24. Release of Deed of Trust. Upon payment of all sums se- ''H a cured by this Deed of Trust and performance of all of the obliga- tions secured by this Deed of Trust, Lender shall cause Trustee to release this Deed of Trust and shall proauce for the Trustee : the Note. Borrower shall pay all costs of recordation and shall ' pay the statutory Trustee's fees. • 25 Maximum Interest. Any provision contained herein, in 1i n the Note or in any other instrument evidencing, securing or oth- �:<- .k erwise relating to any of the secured indebtedness to the con- ' ` trary notwithstanding, the Lender shall not be entitled to re- ' ` ' ceive or collect, nor shall Borrcwer be obligated to pay, inter- est on any of the secured indebtedness in excess of the maximum • rate of interest permitted by applicable law, and if any provi- ' sion herein, in the Note or in such other instrument evidencing, securing or otherwise relating tc any, of the secured indebted- ness, shall ever be construed or held' to permit the collection or s' d E to require the payment of any amount of interest in excess of F> that permitted, by applicable. law, the provision, of this pars- graph shall control and shall override any contrary or inconsie- AL tent provision herein, or in the Note, or in such other instru- L ment. b 26.. Default Interest During, Redemption Period. In the event ,`k they Property or ariy, part. thereof' shall be sold upon foreclosure '<r as provided hereunder, the sump for, which the, same shall have been '- sold (which may include all attorneys fees, costs of sale and ri other expenses permitted to be added to the indebtedness secured t * � hereby under the terms hereof, under any other agreement securing the indebtedness of Borrower or under statutory authority) shall, � ' for purposes of redemption (pursuant to ; 38-39-102 of the # . . Colorado Revised Statutes, as amended), bear interest at the r;; ;";, Default Rate of interest provided herein from the date of sale until paid. W . 27. Redemption Amount. For the purposes i,.y,. after a foreclosure of t:.i. Deed of Trust, the Lender shall redemption b;�;. +`'"` t . clude in its calculation of the amount necessary to redeem from the sale all reasonable attorneys' fees and all other costs in- ,t t• ' curred by Lends,- pertaining to the foreclosure ' `"`^ process, directly or indirectly, or .L;.."'� pertaining to protection of Lender's interest i • n the Property, which occur after the date of the foreclosure �' sale but prior to redemption by Borrower or by any otter person ' possessing a right to redeem. Such post-sale expenses shall bear . interest at the Default Rate. . 28. Deficiency Rights of Lender. In the event that, upon ' :. ":7'; foreclosure of the Property pursuant to this Deed of Trust, the purchaser at the foreclosuri, sale has bid and paid to the Public i . • -.. • Trustee or Sheriff an amount less than the full indebtedness owed • by the Borrower and secured by this Deed of • Trust, then until - • • • -12- i It y• JCAGSI .,.:.0 05/04/84 : BOOK 466 P► €888 . ■ either the delivery of the foreclosure sale proceeds to Lender if Lender is not the purchaser, or until delivery of the Public Trustee's or Sheriff's deed if the Lender is the purchaser, the full amount of the indebtedness of Borrower and not just the deficiency amount shall bear interest at the Default Rate. Thereafter, the Lem.,,ning unpaid indebtedness, determined by subtracting the foreclosure sale amount from thL full amount of °' , the indebtedness plus accrued interest, allowable costs and ex- ` `4( penses incurred after the foreclosure, shall be a continuing ` obligation of the Borrower for which Lender shall be entitled to 1 "` • ``} �`�� ?p ersonal monetar y j ud gment. At all times after a default, Lender " shall be entitled to the Default Rate of interest which shall survive the entry of judgment. ` ` 29. Waiver of Exemptions. Borrower hereby waives all right to the marshalling or separate sale of Borrower's assets, includ- I. % ing the Property, or to the exemption of homestead and any other , " exemption in the Property under State or federal law presently existing or hereafter enacted. Borrower agrees that it will not .' .-.., plead or assert the benefit or advantage of any law now or here- O=F;'``',. after in force providing for any appraisement, valuation, stay, - moratorium or extension, and Borrower, its representatives, suc- xrk cessors and assigns, hereby '•aive and release all rights of valu- ' 1: ;' ation, appraisement, stay of execution, notice of election or ��• v intention to mature or declare due the whole of the secured in- r�' ` debteeness and all rights to a marshalling of the assets of Bor- 4: rower, including the Property, or to a sale in inverse order of alienation in the event of foreclosure of the liens and security '1. interests hereby created, or classification of the Property as f!1: "agricultural real estate. " Borrower hereby waives the right to 5 `_ plead any statute of limitations as a defense to any demand se- )±y�s' '`�. cured hereby, to the fullest extent. permissible by law. ' 30. Rights Under Other Agreements. If the indebtedness 3 .+ secured hereby or any other indebtedness of Borrower to. Lender is v' now or hereafter further secured' by, any other agreement of any .#.. nature whatsoever (whether pertaining to real or personal prop- } ! arty and there exists any default by Borrower under the provi- sions of this Deed of Trust or any of such agreement, Lender may, . at its option, enforce y one or more of such agreements as well as this Deed of Trust, either concurrently or independently, and { � e. . in such order as it may determine, and may apply the '' Y PP Y proceeds �• •;;'"•,�::;. received therefrom against such indebtedness, without waiving or :a`={<' ^ . affecting the status of any breach or default of any other right f 'r'`z a r 4 z or power whether contained herein or exercised hereunder or y4r� • x ! whether contained in or executed under any such agreement. {., .. 31. Gender; Titles. Pronouns of any gender shall include ,`. F, the other genders, and e!ther the singular or plural shall in- A .lw44,4§1 clude the other; and the term "Lender" shall include any subset- . ''. `r;. quent holder of the indebtedness secured hereby. c; `' `fix�F; ; w 4y N, 32. Time of Essence. Time is of the essence hereof. ' k 33. Financing: Statement; Construction Mortgage. This in- x'',.'fi.: . strument is intended to be effective, as a security agreement and ' as a• financing. statement which is filed as' a "fixture. filing"' ;k r.. pursuant to Section 9-402(6) of the: Colorado Uniform Commercial. ,A.° Code with respect to, the following types of goods which are or - ,;2:-. i. • will be fixtures related to the Pro Property' goods, fixtures, .`�ti`~ equipment, appliances', furnishings, and other personal property of whatever nature. For the purposes of this paragraph, Borrower • is the Debtor and Lender is the Secured Party, whose printed name on the first page hereof is adopted as Lender's signature solely for this purpose. To the extent any of the Property may be or # has been acquired with funds advanced pursuant to the Note, this security interest shall be a purchase money security interest. This instrument is a "Construct:.,i, Mortgage" (as defined in :. 4 9-313(1)(C) of the Colorado Uniform Commercial Code) to the It • _1.) ....�. ..._.......��...mss JGACSI ...:. �:: 05/04/84 !''.: • . BOOK 466 �ar868 either the delivery of the foreclosure sale proceeds to Lender if Lender is not the purchaser, or until delivery of the Public Trustee's or Sheriff's deed if the Lender is the purchaser, the full amount of the indebtedness of Borrower and not just the deficiency amount shall bear interest at the Default Rate. Thereafter, the 1.e.a.ining unpaid indebtedness, determined by subtracting the foreclosure sale amount from thy. full amount of - the indebtedness plus accrued interest, allowable costs and ex- .' penses incurred after the foreclosure, shall be a continuing i --- obligation of the Borrower for which Lender shall be entitled to personal monetary judgment. At all times after a default, Lender t shall be entitled to the Default Rate of interest which shall survive the entry of judgment. r i ° 3ME 29. Waiver of Exemptions. Borrower hereby waives all right ° ' A to the marshalling or separate sale of Borrower's assets, includ - ing the Property, or to the exemption of homestead and any other exemption in the Property under State or federal law presently -' existing or hereafter enacted. Borrower agrees that it will not plead or assert' the benefit or advantage of any law now or here- % after in force providing for any appraisement, valuation, stay, moratorium or extension, and Borrower, its representatives, suc- < 4`= cessors and assigns, hereby t•aive and release all rights of valu- xi}. °• ation, appraisement, stay of execution, notice of election or :?' intention to mature or declare due the whole. of the secured in- 0 debtec'ness and all rights to a marshalling of the assets of Bor- ; .: rower, including the Property, or to a sale in inverse order of alienation in the event of foreclosure of the liens and security ?." interests hereby created, or classification of the Pro rt :_`;_''' ` . Pe Y a® rr ;c "agricultural real estate. " Borrower hereby waives the right to plead any statute of limitations as a defense to any demand se- )'' ' `: cured hereby, to the fullest extent- permissible by law. 30. Rights Under Other Agreements. If the indebtedness , , secured hereby or any other indebtedness of Borrower' to Lender is now or hereafter further secured by, any other agreement of any 3 nature whatsoever (whether pertaining, to real or personal prop- erty) and there exists any default by Borrower under the provi- sions of this Deed of Trust or any of such agreement, Lender ma Y� at its option, enforce any one or more of such agreements as well as this Deed of Trust, either concurrently or independently, and 1:-,4 ..`: . in such order as it may determine, and May apply the it--r! Y PP Y proceeds __,_ ,... received therefrom against such indebtedness, without waiving or `::tea; . affecting the status of any breach or default of any other right , - .,i4 ,,acfi.a.F . or power whether contained herein or exercised hereunder or t.' -• whether contained in or executed under any such agreement. h ?_ L t .ti. 31. Gender; Titles. Pronouns of any gender shall include the other genders, and e?ther the singular or plural shall in- '' , . t clude the other; and the term "Lender" shall include any subse- ;1 . quent holder of the indebtedness secured hereby. ' r is 32. Time of Essence. Time is of the essence hereof. " 33. Financing Statement; Construction Mortgage,. This in- 'N- z strument is. intended' to be effective as at securi!t ' agreement; ands x as a financing statement which is■ filed as! as "fix ure filing" 't om pursuant to Section 9'-402(6)) of the Colorado; Uniform; Commercial. Ti u Code with respect to the followings t;rnea; of goods which are or ,h will be fixtures- related to the Property,it goods, fixtures', equipment, appliances, furnishings, and other personal property of whatever nature. For the purposes of this paragraph, Borrower is the Debtor and Lender is the Secured Party, '. on the first page hereof is adopted as Lender's hsige n printed name for this purpose. To the extent any of the signature solely Property may be or has been acquired with funds advanced pursuant to the Note, this security interest shell be a purchase money security interest. ' i This instrument is • "Construct: .),a Mortgage" (as defined in 1 9-313(1)(c) of the Colorado Un_ form Commercial Code) to the A • Ak JGAGSI 'f• 05/04/84 elm 466 :889 : 4 - extent that it secures an obligation incurred for the construe tion of improvements on the Property, including the acquisition of the Property. 34. Escrow Funds for Taxes. This paragraph is not applic- !- = able if Funds, as defined below, are being paid pursuant to an- other encumbrance on the Property, in a manner satisfactory to Lender. If requested by Lender, Borrower shall deposit with Lender, a sum (herein referred to as "Funds") equal to the taxes 1'Y;F' ' and assessments for the then current year which may attain pri- f`" ority over this Deed of Trust, as reasonably estimated initially .i and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof, taking into account any 'a - excess Funds not used or shortages. 1,. .z. The principal of the Funds shall be held in a separate account by the Lender in trust for the benefit of the Borrower. Lender shall apply the Funds to pay taxes and assessments. Lend- i, - er shall not be required to pay Borrower any interest or earnings : ; on the Funds. Upon request, Lender shall give to Borrower, with- ,Af out charge, an annual accounting of the Funds. The Funds are {. ''* pledged as additional security for the sums secured by this Deed Ist . of Trust- - .0 • If the amount of the Funds held by Lender shall not be :x sufficient to pay taxes and assessments as they fall due, Borrow- - µ= 3i. g- ' er shall pay to Lender any amount necessary to make up the defi- : F; '%' ciency within 20 days from the date notice is given in accordance x with paragraph 21 (Notice) by Lender to Borrower requesting pay- t ment thereof. Upon payment in full of all sums secured by this Deed of Trust, Lender shall simultaneously refund to Borrower any • t `. Funds held by Lender. . v- EXECUTED BY BORROWER. " i7, • By: .A-Z -efi,c _ 6.al.et- Alfred Diets f MAY 10. 1984 °-`•� • Date -.4- -I 4 //t/h 4-4--d ^. .I. Germaine K. Dietach .$ 10. .1984 . `; Date Lam. li STATE OF COLORADO ) r`,+.-.., J-_,:;. ) se. COUNTY OF DENVER )• <r' np, . ,• , . ?' The foregoing instrument was acknowledged- before me this a r �`..,.-' 0TN -day of MAT , 1984, by Alfred J. Distsch and Germaine K. Dletich „•;<>-_,.. �! OTC. x1� , MITNESS my hand and official seal. ': s M$. Ab111. My Commission expires: 2-25-87 - . . hlNotary tic •2696 SOUTH/COLORADO BLVO-. . ` DENVER. COLORADO .80222 ,a- • • , ; 1 ASSIGNMENT OF RENTS r�±± (N1 Boost %Lou 1::890 1 j l For the purpose of further securing the payment of the promissory note of even date herewith eltecuted by the underei0hed ' • 1 I to THE FIRST COLORADO BANK 6 TRUST N.A.,Denver,Colorado,in the principal sum of THREE HUNDRED NINETY + i FIVE THOUSAND AND NO/100THS I i s *395,000.00* ,which sad note is also secured by Dried of Trust of even data herewith upon the fad, 1 i' tog deserted reel estate sru.re in the County Of PLTKIN Colorado. f' towalt: h.''v LOT 2, SAWMILL SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 13, 1 I 1982 IN PLAT BOOK 14 AT PAGE 21 AS RECEPTION NO. 246282, TOGETHER WITH THAT -y4 , I CERTAIN PRIVATE ACCESS AND UTILITY EASEMENT AS SHOWN ON SAID PLAT OF SAWMILL 1 SUBDIVISION, AND ALSO TOGETHER WITH THAT CERTAIN EASEMENT FOR ACCESS AND ? 4p' UTILITIES ACROSS A PART OF LOT 1 , SAWMILL SUBDIVISION, AS SET,FORTH IN GRANT I ' %°: OF EASEMENT RECORDED NOVEMBER 4, 1983 IN BOOK 455 AT PAGE 18 AS RECEPTION NO. I .,. - 254729, COUNTY OF PITKIN, +,a's IIl STATE OF COLORADO. . I DsI- N =i „ ti o x a C!1 F.. 73 CO . .. 11 ' D oz V - k I. I c. 1 1 the undersigned hereby assigns unto THE FIRST COLORADO BANK & TRUST N.A.• f)enver Colorado,its successors and ( . g. assigns.the rents ecu a rig and to accrue from the property hereinabove Ceeeribed,with the tight infield THE FIRST COLORADO BANK 6 TRUST N A,Denver.Colorado,in the evern of,and only in the event of.a default in the payment of seed note,letterset or > principal,according torts tenor,Or in the performance of any of t11O terms end Conditions of said Trust ` _• ti= the etoreseid rents from the persons owing Ih Deed.Creauft. and Ooflsct , p g e same.ar.d salt'persons.upon receipt of written notice of IWO.clefauM,given die .y aforesaid Bank are hereby authorized end directed to pay the rents then and thereafter owing to the said Bank•Rents received ii na.e<,rJar by said Bank shell be applied after defraying h«reasonabi' expense `- �fi y g' pe se of cWbction thereof.:o the payment of any • ,� •, ' amounts•which may become due to the Bank or ire payable oy the undersigned.under the terms end conditions of the aforesaid I i '- note and Trust Deed. '1,':',„,,,', ,,. The eauq..ment shall be released by the'swats of the aforesaid Deed of Trust'. s: '✓`. I rr D . D.n ,Colorado.tilts 10TH . f MAY _ ,to 84I , ,- , c„. ..4_,L,c, . :1 .-=At ALFRED DIETS '2 t :i; :`> GERMAINE K. DIETSCH STATE OF COLORADO I "7? ,}�` i CITY AND COUNTY Of DENVER }" s'sn II t. •I. 41:-. .. l The Iprepp.ny rmlrurrMn,was ack nOwledsed helom ma this 10TH dew of MAY A.C.it)84 I4 `6 I by ALFRED J. DIETSCH AND GERMAINE K. DIETSCH' ;,,.��-:•:;-;','' 1 'a�.� iYir^Ye►.nr 1vn, and o41.040 ice . 'r' `t i'Y�• *• .* My cOm.nwon.eares 2-25-87 i :.;sr • . 1 ftetsry Ptelrc • 2696 SOUTH COLORADO BLVD. 1 .1 COLORADO 80222 i . I 5 4 2 • • I • - J '" No.88. Nolrl BY Dleat7faali(MwWtr U I'4..i - - (%MSr1sM O lfu.—a+rftbra t+o6tyrs Os.tasLN DNA Ike..t.Newer.Cs sec•--r-ri�' ,,.�r'a • - NOTICE BY DISBURSER" 38-22-126,Colorado Revised Statutes 1973 Pursuant to Section 126, Article 22, Title 38, Colorado Revised i I Statutes 197:1,and in conneetion with funds to l .o he paid or disbursed as j ! � work progresses upon a structure or other improvements on the land ;1 I described below,this notice is given by the undersigned disburser,to . 111 wit:'FIRST COLORADO BANK AND TRUST, N.A.: I I' the lender who has II 0(X) agreed to make a loan to the owner or contractor, I ,':tip.•' re3 ( ) the.person who will receive funds from the contractor.or owner or lender, .z. ( ) the owner who has agreed to make payments to a contractor, such loan,funds or payments to be disbursed or paid from time to time as work progresses or to be partially 1 a withheld until all or any part of any such work is completed. • f tir i 1. The name,address and telephone number of the owner(6) of the land to be unproved: ' -i f r ALFREDN.e AND GERt1AINE K. DIETSCH tt FILLMORE STREET I (303) 393-0307 hone SUITE 600 I :" °°'M;. DENVER, COLORADO 80206 I 2. The name, address and telephone number of the principal contractors): Il n . Nar... Address ALFRED J. DIETSCH 100 FILLMORE STREET (303) 393-0307 SUITE 600 l; . ■ DEr vER COLORADO 80206 " :-.. 3. The name. address and telephone number o t a die urser: Name Address Telephones II ,..;-1:' FIRST COLORADO BANK AND 2696 S. CCLORADO BLVD. (303) 757-7272 +I r TRUST, NATIONAL ASSOCIATION DENVER, COLORADO 80222 4. The land to be improved is situate in the County of P I TK IN . State of Colorado,and is described: Legal Description Addna- ` .,-—,. LOT 2, SAWMILL SUBDIVISION, ACCORDING TO THE (VACANT LAND)) ! PVC!. THEREOF RECORDED DECEMBER 13, 1982 IN _ PLAT BOOK 14 AT PAGE 21 AS RECEPTION NC. • ' .'. 246282, TOGETHER WITH THAT CERTAIN EASEMENT +y FOR ACCESS AND UTILITIES ACROSS A P".RT OF I; ''LOT 1 SAWMILL SUBDIVISION, AS SET FORTH , > , ' IN GRANT CF EASEMENT RECORDED NOVEMBER, l', ¢ .., 4', 1983 IN BOOK 455 AT PAGE 18 AS �' NO, '`,fit,' RECEPTIOt! NO. 254729, '_'10 fV I' I COUNTY OF PITKIN, is zm, '}:. I STATE OF COLORADO. -"+l' k t 4 CO xo' I 70 07 C L �. - I i I' FIRST COLORADO BANK AND TRUST, N'.A. 1 ', - . 'Cheek whichever is applieable. J C RYCI 1 A. _ , VICE PRESIDENT I •1 'G.Ww ae.SIN wUr,..bt�.r«rt . ....r w twd ai the Mwow.•1 . �o►.(r�lr►.e wtwWr.re.uw�.M Dt.►u.... lalorrt�r�wlroe fir sMFtf/tq O.Sl.IMO I I I. i . aboilip 0 Add-,.-416ty. - • . ., ,• .. , _ % This FlNANCIN(;STATEMENT is presented for filing pennant to the Uniform Commercial Code. " I. imps)Name and Method ddress. 2. Setaned•Parfylies)Name and Address: 3. For Mine Officer(Dmr.Tlw.Number;emd i/{.* Wimps) ALFRED J. CIETSCCH AND FIRST COLORADO BANK AND TRUST, -0 Piling Office) .GERMAINE •K. DIEISCH NATIONAL ASSOCIATION - vir- tV '100 FILLMCkE STREET, SUITE 600 2696 SOUTH COLORADO BLVD. e ° r•••4 DENVER, COLORADO 80206 DENVER, COLORADO 80222 e-re (-pm C11 C..) CO CO v 1_.-IT:.fm,,,, <t.tenxn it.m the lollou ny Is pr.nn:tern.:of propnt. ..___-___ A Z .%AWNING I:•,:,Ilarrr.l:,Crop..fi.ture..11:.11.(:..n mineral.or.Cher.uh.,.nce.hi her .,,.+1 in —C) V le v .i u :awn:,rewn my!loos he sale thrrcul,rend m.nu.11..n..n..e: 3C 7:1m _ v 7 • ,ACOUNTS RECEIVABLE, INVENTORY, FIXTURES, EQUIPMENT AND ASSIGNED _JINN TY't F PITKINCO CONTRA`': RIGHTS MORE FULLY DESCRIBED ON EXHIBIT "A" WHICH IS ` ^'"r""'«fdtra.dAaateneedSe.y�Party: ..'.:IATT,ICHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. r >° it a :. ` saoK 4 6 6 P A G E 892 TQecl m.d apphc.hlr SEE E X I 8 I T "B" WHICH IS© Th,.s.nx„ , t‘`. a..f:ndx ea rLrtrnd, ATTACHED HERETO AND BY THIS Q PnducC.ul a.I Ltnal.rr slur:,.errJ ' Tel RFC-EBEIILE._MADE A��RLIiEREOF_ --- L 1!N,`I:j!) • 6 Thn,ta:errrnt is.,gneri h)the Secured Pam u,aead.d t e 169 w..to pertat•..nmm:mrrr.t m:ol'atnsl ..-.1. ''' tPkae i.ea9 �■Irtad)skill KO to..r.uni) :utrrt.,•n arcane.)urt.d:c11..n*hen it+..Nought into m.•.lak.,n when the daMor'a learn=.na c6aryed q this pelt' + A' n rrrpr,nk in. , fl metto:h,.proceed,td the ungmal ndl•trral.:r.:rdvd srw..c in.h:ch a.c:unl)mtne.t Ina.perfected. rt. ' .to which the l,l:ny ha.lapsed.in ���,. 4 .:4u:rcd alto. r nmot unlit Y:` CTec\ A ,fe [� Te .r r I:4,17.4!X '� l =�' COLORADO BANK f�ND TRUST. N.A, ' -_ - _..__ r .__ FIR T CAE). 1 E �_ .e rh:che•r,ognatunr l:n"..applic ,.. X (7 1'I BY: '(-'! :i i.' Cr .l A.. Tb I F' ?',. 4'1r,pe: i� )AAEST DEN r y• F..am•{`I :. .. ,.. ... I . .: 1. :•::. - bust: t'♦INlk.t(\N.41•11 1A1.CY)� ='LY hr•r•,.,� C......1•ur.a.Kali Sou. east :ion -I ) y :r $ L • ,m.. • . k.:.,;:„...,..,,...„ ..,..i„...5........,. • , •/••/•1'"•..' T t „..,,,:,,,„.,_.. .._ (:k'ter ,'•: ..y`... .21-''''-.4:v.:,:. ' . s Y - . .ern ,,. . ,,losi......,. .3; ‘_:.). , . • .�s>dc • • • RI • ' R:.eri.,.n s.,.• . Recorder :,.;.Ivy: - .. I • . ? OF TRti HOO• K TH.,LuF..I I RI:. �L.JC,h,. 7th has to .TUNE .14 85 .hetneen ' - . . ,; ALFRED .T. D1EToCJ1 AND GERMAINE K. DIETSCH • . ;I •wt „I,I,i,.,. 100 FII I:dORE STREET, SUITE 600, DENVER, COLORADO 80206 jl): lh:tt,,1.,,,1 .,,,,,Ih.l'„I.h, I,...I:.,,I t'onmy .t PTTKIN s `• nIb, ,,,...1 t,d.,,,n I, I,d1. ,,I Ito. .. uJ .t, It,tt:..C,h 4 � \1,1\1 NHIRI \' Ibsen..! ALFRED , . DIETSCH AND GERMAINE K. DIETSCH � hoe .JE. .,c.tl:d ONF et„m,..,,I, III beat mg ,.{`. .i' 1 r. r r, 1 t)n --- - (��9ar,. - TWO t;UNi R..D FIDE: Tlic;t):SANU AND NO/100 ($205,000.00)---- �— 1 .Ihlr,,,It, ,,,J:I,•t FIRST COLORADO BANK AND TRUST, N.A. ....i..41,,!:11;,;;;,,, :l 5t „,,,,,..,d,,,,...,, 2696 SOUTH COLORADO BLVD. , DENVER, COLORADO 80222 : ' .• - AR,I hi date ht.,tot. crcot. w it h interest thererr from the date thereof •�':'9Y::.. d the..et: 11.50• ri,.:nlr., .tt„m I•.a,.,laC *INTEREST TO FLOAT AT FIRST COLORADO BANK d \ND TN.t;a.^, J.A• PRIME RATE PLUS 1 1/2% ADJUSTED DATE OF CHANGE. INTEREST WE ` fit' 'c `-- MONTHLY BEGINNING JULY 1 , 198 AND CONTINUING ON THE FIRST OF EACH MONTH T}iEkf:A'' ER ',WTI!. MATL1RJTl'. PRI NCI PAI, AND AI.,I.. UNPAID ACCRUED INTEREST DUE AND ;Y FAYABI. („'N OP I'I:FORE MATURITY. \.0 H 1Il RI A”. I h:...nl l,.t t ICS ,a,h:loon!I•.,n are dc.Ir.t,.,,I securing pay meat of the - .t ry mi ip:u et.a,r.:rt i.I.,1....id r,,,nu•.,,,, ?WIC.n m h,..:1,,rn.L.,:,C,1 h.nut 0.4, or any of them may he. . .. ■ . ♦,,,, II R I.I„RI 1,, •,,, ., , 1 t,,.,r ,h, I ., p.,: m ..on.Ju d., ,.J OW 1•,.nt.c. :md tit the purpose afore...W. d.. hr 'n, o.,nt 11.,,fm,l. ,'II sent ,n,.. tan„ n:, nets! pm! „I Ito; .,,send p:uI u, tent liteesrr. the folk,.ing dc...nxd \1.6r.H,.I ,.d,+., ,,t .) I.... s ,3tl LOT 2, SAWMILL SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 13, ! 1982 IN PLAT BOOK 14 AT PAGE 21 AS RECEPTION NO. 246282, TOGETHER WITH THAT CERTAIN PRIVATE ACCESS AND UTILITY EASEMENT AS SHOWN ON SAID PLAT OF SAWMILL SUBDIVISION,I• AND AISO TOGETHER ',JITH THAT CERTAIN EASEMENT FOR ACCESS AND UTILITIES ACROSS A PART OF LOT 1, SAWMILL SUBDIVISION, AS SET FORTS IN GRANT OF EASEMENT RECORDED NOVEMBER 4, . 1983 IN BOOK 455 AT PAGE 18 AS RECEPTION -'JUMBER 254729. -c! COUNTY OF PITKIN, STATE OF COLORADO. c-- �, ii i ' , a�Z. �,- N N, Z m Q3 i i O7r , °le —i '1, OY V II . ..t. .,V,.;-'• • .Iwo known...ucd and numter _' O rn k ..rte _ . co N ; U)MA.I:&..o r'►MKD she....IC.I.reeshes .,In.fI..I,ene.I.she imuker.end eemurtentonc.Ihrretenlo hek.mM'hi Ind PN,, ti wliss.Thal in ,i r tat 4 dealer to the p.)ment at/1.W rant .r.n,.e 1 hem.,v en,pert Ihere4.or m 1 he pavan*A ih Inlrre.I Iheeetr.at taiEi ko As once and efface ,' 1„`{ nf.:` p„morn prrr en:um pn pd or o '1 .=1t,0'ie;pR=.!• .4...d went ...n..,(nom...n t Ae t.4 u., t.r.n.e.. n:. nIC1e.t,4 al,.,w M cart•w-_all.Imd 1T A,de w WIN tla�,d I. .. .Y� '_fit`• r'• ...taut*or lvra.•4a„41lw klm...,nJwry..:u.enurl..4 Agree-Morns.tretem...nl.rned.lhe Nenefwl.r)hereunto*..w the le *r a n i ', :. `• . I'11.- betel.)who.k:l.yea.re,a..M.at ar)41k.o.en.m.hirer,.o.fl.ord.n.I tlhr t...Jreet,, wd proper)kw..k and demand...A sad.Iba.aims aobca d ,, , whrlay.nett,kneedk m..leonhlhr.rdp.n).ale.etc.wMryn.•h...4A top.wltmceIrIo(.t,chn.war.iekclsonand emadfoe.alroreeacup ddlrtrnea • '� , %t he reuwdrd n she re..wde's 4h.e•at the cant, ,n whtch ...J rent r,l.,e ,• .breed. u .Mel and moat' In lento!kw said petty d IM*coed pert to ;! •,-e i • sell and doµw,.r 4 Ihr tame ,en prow ,w to 54554 Ie NM(1.. .. the sod Purer.: broom nay trunk heal!. and all the night. ads and IalermM I' t. xa k„ 4 sad pal ,elver N par' Art., Iherelrl.W p1 Ntc mottr.wml lK 1nre.krw re the l'oaat House.a the Cowry d I ��,''„�f�'S!""n u its melt q+ . • •�,1I Pitkin dl.e..r.k..w,n..rfrrcmot..,wen.meithereofinen hs.pro If,d.nIhrlowrtdmad.ale fur he�••..dSom ,• �,A.t.. I.wr Ihr ..no ,.dl terms m :... ,..■ ...r.•- p„N,. n.rr ha song Soon pre•mush term 4 1hr�r.nlr mad pot 4 such ..k• M .doe.-rrnleew. "t. 13.T' 1: ,hers/!,.n.,ter for.•r,4•er 4 prnrnl.r.Worn a OW tome pouted a,...Al..Mml o 4 R i ter i e .•copy 4 Muck nonce erg be aaalad j' ::..!..'..44 0, . rnlun IC.d.,.hewn,M dame 4 the fuel p..Nsaan Ihrre4 It IIe..rd prel ies or Orr feat pan at lhr.elder..hems puce tad In such peeve et , Knows ef4ranne so Ia.,•••p.rrd•h44rN,urni TuMd lmete.4 to..M1 reel tank al She address sewn m 11K mottled antrum*.On*only the swan)ardm•m M ' p.e1 n 11ot a1,lrr.,l Aen it nMtce.Ana)e wr,l.d re l lIC..,unl,tut end s/.were end a,e to the pwrcle.er raw ptr.tow.e�a 4..w�t)w,yKrt)r.a im..k.....14L ea .'a 4i Mr.ai wear.dro.nhq such pnewn,pwsh.td.a,d the sum.r uanm pond I heisk.,.wad She IMr rata 11w ryM home rK pwclrern Iue Abet peon rrlalrd ' tMelwl,M M rmakJ lu ad.sdlw d.rd.IMnla...Ik+,I So..—'s1o41 Se nakrmmd sues h w o.,dd h){w:rrl..d tle,lr haws Jlal,,paadewlaidl.)the Irltmro prrslr h.ifaoe Ihr sad,KrKcmK.w uerufwak.4 pr.SI .r..IICn mind demand w monk, K aplwt.kmerld M IIK 5m, IS e*ISMd In a dead kt sad hr Mf p.u,un1 . iwaclimed`. .t Ihi.him hark Simard r ernes/. Ohl .MK 1.. tadernpuon Irsone ',erred. make mad theses/ s/1 rant {Kerr u pnmohs a died or, , _ di,mk hi Ihi .ar.l pneewl) p.asii.rd. *M# .wd_Jaw./or deed. .hen hr .s IM ears Irwin 4 .conveyor/4V. and shun be 1�1.d acbhosln�d , nod'deer:erod lit the hod Pens Iru.a.'. at p.m.... moll ..hell "wive, and .prnakra t.. such person w pion,needed le reds*ed. to dome. IF. .rd props,I, IM,n1.,t.1 a• I••tvd .ref .11 ,Ain rtehr. 1,'s/ .•Keen!. heMn end Needy 4 rt,lewq.11o• d Ile M let 4 the flee! ,{ti„�,'i.,,r,. . Ian. their Arlin. a.a.q••!atom.mr1.la/Mcrae the wan.M sum•l...telr.h•'tr maid property nes sold and,hall NIM In the rant 4 male „+.,, ';7, • llrme c.rl.,aed.and k.Ihr.de.4 sears *ate M•t net throw&tad n.ant 4 en..stemma of.each certificate or veridical,.of pv�”.aa ee a one d 5W . ...Wrewm.r of ran*phopeotAss a.utMprenl eswom4m rte match a.�nr.KM or redemption 4141 duo hr lefrr m1 It r wart deed or der.:eat the sauce of ale medfre he..es..a.n....A deed ea dents and Ihr.r.1 NMa teener 0.11.owl 4 She pnw wad.w mush.t4 such wk.filet Slime pe)ams end!,nose'dl Ores. +s . .twig,old.•.r.4 m.done sad.omen N,r.the tewnr..11 heNUnde1 or IA Mope Med.,4.ad Aare shy proayd mad.SIAM l An.ell mad nee ....rime to Ile Mau and elk.,,krt.4 end ell MIMIC,...1..neJ h,wh h reek7r).w Mod Aedte.4.aid late..A kw alraaAt. uses earl.m5•.,r'al• .eh.aofr.l shams...r •• pet vino MI.deem r.rrlrnr�the ohneir...4.Si..onto the said pan 4 1�fh41 ..- its I•!n'their 4{d neplr.rMrb.r.u..,.p,..+Mh..It or.Jr.oat..rl,lewd.w.Ind.w wank*.4I err.per le read ter.halt M Si*end arum..reel.!the 4;. ..d pen its .eltrradr..l. their Ara..ref....non eId.n4 1.rpw.n.,1.Mw.alAeVlld/npn)..wM)Iw11Ar1Me.M. IV lawn IM.woef.•r.ark..at owl - 1 agg . •e,A-bent p.a1:.w mat 4/Mm the Ss.4 k..Alike.d seal note.w aM,wa)pwcbrt.wed pnTrn).w inn,pKl ' Item r a1J.,.1.11..4 hr.d,he.k q•a 1M mush....,s p..nM.,..al.w,..A..k...we l.,the wryl..lrn 4 ItK pw.A.t 11a111r, M. .Swv.hoed Ain .. : _ Ktwed n o.s o-..I,M she pro ,_44 .r ok bona tenet their AM.4 awom.Mal p.,'1K e.peOM lhenad ••In the event of 000 fault, interest to float at First Colorado Bank and Trust , N.A. ':21 ('rime Rate plus 6.0% , adjusted data of change. - ' 1 •SW4" ••In the eveSf default, interest to float at Fir lorado Bank and Trust, N.A. . Prime Rate plus ).O%, adjusted date of change. _ . . . \rnl,lw'.u.:,..,,1 ies .s,ts,io.pub s toy themselves .Mal l,4. their . hc•IL.erec Won ad Admrn.tra.as ' +' • .mil.grrr - 10 and wit h the said s 4.y.a the.n..,nd part.the AI 11w use 0(11w awaiting Band&fver),al bee •r ,ryes,,, they are ..,,s.•,nd14 the said land And tenements in lir.nnpk.and ha ye rod nogg.lug meal ad lawful • ..001010‘ ..• 0.00 hall/ann. sell end .•int es.the same-in Cllr n•nnrl And h IIn as .toocsad. berth) full) And absolutely waiving and releasing all nsht5 And,lams they RNI h..4.to a,4.to sad land..tenements.And nrrar(wrt)w•N.mtessead Enemnbun.Of Sher eaCntpml. un.kund h..an,e.,l.m\.wed the('wncc l k..emM.,a the Slaw of 1"..k,4.do,,r as ant atemplaul under.nJby.in ue A any actdolt linseed Slate•Conptss•now c ,'Itryl.,..shish 4.n.,le.eat ter he passed.n gelation Ihetet. and that the sane are Irce and dC..,igf all lens and enclanhdn Cs whaCKr _ . except ally easements, restrictions-, rights; of way or reservations of record, if any, and ad valorem taxes. First I)eetl of Trust tv First Colorado Bank and Trust, N.A. in the ;.- �COO.UII further unended to $595,00(:.')0 AQQ�] amount ! 1N 4V 1 �Q 758 ✓,.I.M..d....•;.•.. ,.d; ,p,.• . ... .. .I ., .u,J; .. •!•I,.,...„..,,,,,.I h-..aJ p..... ..In. s.,4.,I pall.hit.Ikre...w•Anal as.ryRl..Auton.t all and ever) pets• .I.....n:h.1.unanC .;..i....1.;an,d;...,n\puI I!elerl.Ihe..uJ I..,n 1es d Ile lust Not dull•n)•011 w'erant ad l'.rever Defend. ? ,i i 14.,..w,. n l nil p.t.mr nl,n Mil,..ha..nJrhl..11 w•...he 4.s..I ieS .A,he lino pat 1.11.311,1ot',pt all uses and.sseamenn levied let the emptily:any and an anslumf { !'.:', I n.situ.11,1011.......I0Ihef.um..n..n,.e-m...cn.nmMan.'r. d..n,.and w III keep Al lmpmsemenls l hat may he on said lands insured aptinq an �' .his,ai w.,, y : ' ....u51,... �n:hdmyc.IrnJc,L•,.4.l..a4..III.,a.mp,..,,a,.wncanr.mxurytthe net worth requ,retnem..,frAe beneficiary heleafm an amount not less than the even 1. a.l.d n.lrh.edm•• I...n p dn).n311...ti...n a 1,,..pas.,nl:.i ail.r naming the tni r,R,:1,f\..nawyl.ytee.oral shat run her pnwide l hat t be iMUnnee ney nn be canceled 1.7 np.nle5.11unlcn.l..5.wnttcn Mllwr it.lhr'lrnclw,.u, \Illr.m...•nION hr.efw,:,r),Ihr.wlelNl,v.l,:,,-,r pouc,,ohn.wynct sArll he deli.eted l01h.lens:fk7Vy (z .r .4..n th n.,Irhrdm.• s!,•••JJ the pu. 1es...twh,.t pail fast h,.murt.nd delis.the piw.e..w to pay.ta tes ar a■sessnenl•as l he same fan %;,t:;.•`.= stn. .al.•p,.an,Arn..unl.l.,...hl..o..r..e M.,,.wnn.tv..m,. Jan. Or he nriw.:n\nu\Take at.ssuehpal merits Of pnwure any such msnnaaX.anal Ai monie\q l p.,d..nl,minri,1„,,,,,„.0 lh•..0. ,1 •• .per mnum.hll 4.s....Idol:it and he.,anc A 1.401..I the m I twesIess secured by this Deeds%Trial and maybe paid i' yte .sat•.1 the p..<d•.a I he sale I I I F F.",I I t if 140 puJ h.thel,,ail 1 es ,II Ile 6,1 pm i.In addition.and d it,option.the henefllYry easy dedan tin `. ,nJo,frdn. s.utrd Ay'ch..,nd Ih..I hr. of Iiu.t to M.In Jat:u l h,.I.ulu.r to pt.,.We m.ur ink c or nuke An)of the payments required by this psmgrapb. 4 �^ F n.tit••......1•.01.A Fen'pi orwI Ii.. air,r.1 9.....in...,,lei. 1..n.1e.led h\ 1•11.1 i'.,.1 ie9•.Ihatl trnerwur).5 pma written-un.enl.eachniry(a)the I.: . .af ,,.nn•.n Iwo..eA Hoop,,,,, n,hm.w's.•I h.I tlrJ.a I.no .M 1h',,r:ot..n.4..purchase loo .%.f:uot)Interest frh.w.ehohi 4ppliaAYS.(cIa ImndIr by ,, " ,..,..e•k-..e..I...h.'•p".I.••n.Al.•,.n,.,,Ihr Aeon.A.,,.,n11en..nl.n..11l he grant of.0s\Ie,..rh..W,nie.CSl la tbler yean•r less not C.rsatelole an option to purchase. t.rm.fw.......,, .d Iv m.I.,........ph..11 ,1,i Ian..JI rho snit.4..tie 4.•I en Ihi.I h'-J of(lust e..he m,medadrly due and pa)oNc.Hencliciaty,Ail have waised such „ph. ',,. el,...lc4 rs-,h•u,r..I,••,n:mdrt.ts•no,,.an.Uhl llt:p'n..,1III whmI he n per iv r.to hr...id✓r transferred reach,lerecneenl in writing thelIAe CICdi ,d..w0 sues ^.o..Lw kr5 l.•Mnri...os..tdlhuth'amCrr.Ip,,..N.on 1 h'wn,.e'u.rJ h,l ho I Iced of lens!shall he at such rate al beneficiary awn qua \s1, ,„,, Is 1 hsl III v\1 I M.1••I I I. µinset•. II•.. „I I...e.l.•5.ne..,.,.,he 4.r„rsh-..Ih. ...re poly„1 the.es.rd pan of the Mohler of and n n ••..r.hl:..,at p0.h..\e .h..1!..I.t n..-4-Is..attn.4.0101.91 5.the p,..v..,. ,.a r.5ml erM.\,trni..1 1hr ptOlerty,fho sad.and Ili the rents.manes and ., a...,i,, .•I n•.n,I h,. ....a .•. .,,,r n ..rid e.n , .h, Is...1,m.. ..I I..,,.I...m ,..........1.1.,•and the period of rcdemp.n.d an) theft Ise:and mach y-', ,,,,,,5w.n.hall at,m.c,r■, .s.'..:1..IA.-...I p.t 1\.d l h'.....55 p.51.r r he h..klr,A.Ad Moir ,a:e fufrate of purchase un regoe.4.and on refund. i. -- ' the ak.h•css,.swn posse•5w NI 0555 ft.'C11/01•4.1 h.t hr IpoIs...11e.c•.ond pail„.the M.Idr..4 sal Mole or cm-tit-wale of purchase by any eppeoprlMe f•. • ..,I.55.5.5p...csJmµ..mJ l h..n.I ISO tV.4 the..vm.1 ism( r I be hJJrt.a sad n..lr .,t:rlI,tw.k of purchase.or any I breed..fun be euwledlo a ••j:= (.site, on.,wI pn,pr.t, and.,I the roue. ....o.ant mot 1!r....•I.Ate,i oh,kIao11.in..',Aline the tune cos erect by heeCIIUR pmcerdinp and the periodat ,sets_•.•'� 'r,tmpk.n..1.o steer rte and.h..:!N.enlukJ■bile..,.... M,11,-.IA ngh'.11h.al rcya0J w th-...heM'...r,nsoKn:y of I1ee part i @S, d1M hint .. pars of.a one then.w.o'.4 1.uJ pt.yrrl'And,..1n....4..eg...,I to 110,.5k4.ltn'r,4 .,nj Kt i1 krsr.t CI may hr.pp ruled h)any swot as COMprtrni(Ininvdic'tioa ono.Ct(J(rap(dwaiw.nanh woh.451naw.--Moi.:rtwiny hc..•h1C5ptessh wat.ed--and rent....se.Mdp.41I..Inc..Re and revMtlhen*M11 Y1W R aped '-.I-1 hs such 1(ea'e..fl to the p.s nr9.l.a Ih a odrt'ICdnC.,heteh,.,ouc.l......wdmy i.1he law and the order.Ana durrtwos of the[Mal. \W. 111.1 in...C.,a JAmdl m An,..4 sad pus men...4 powtpJ., into... a.:onhny I.,ter 1C11•4 aria COlCCf.d.rd prolmnrrry nosh do v.uid.of awy.' �{i :a4.. of.hem.of any put thetrot..4 A A hC..h,A.n.IaMm.4.,m of Ih..,L:nan1......siemens hen,.,ht the pan! 1 •esY i �1. ,e..t he first pa.r. their csr.s,l.ws,..dm.oi,Ahr...I..55.ym ihrn.mdu,II I 'hr whole ol.ad pnrwlpa(suns hneby tined,and theallereal, '''',:ii • thereon I. I he tare ae I hr..8e.oho al fins AI the o'pin•n of I he ky.,l!.,Flee t hrte..I hr.o4.te Jae l p 14e.and the sail wrty M wed in the alieeil.r and fib' y ; t lie same effect a. ,1 sad ,Mlrbtedne.• h.al'm.rt a trd And l hat d I..fe.lo.ure P. m.Jr by the NNW. Trustee. in atoraty. fee of the self t • ,.! 4i reasonable amount ,kdlat.I...sc.swr.In the amer5nw,n ld said Marksmen pnrcaednp ANN boslstredby Y Y y.' the P.M.•lawteea..cart of the co-.I.0 I.r,.k•.ntr .,.d d hrr.k..nm he ms*,t h„r.ih the:Awn•A rmasrut*an.w trey's tee.Ann le lased by Ow can't as•Flee( _ . . 44w costs its.C'..wh hwe:ko,,Ir pr.wrrd,nrs i • Ii *gld.an,pnrvf.anofthhI/re.l.e Iru.t he f.n,nJI, O.I.fe th•.I.1,Ic...r:ow Jos,son..(the State.(('odorwks.or.lflhe lunged Slat's.suchpnwfauSahrb . ;t; drenwd s,,h 4eie,dtd is u.rnply with•n.':,mhw m 1...a:h•.tile.'Ml.ors.. .1''af%`- 11 nwrre:1y w'IQ:Mtt YE.Ile mad cart ies .a 4.h Coro pu 1.h. ye I4. boob a /haw and and • Ile alit•,d veer fun.h..e•nteR ! :i. + wtnrxA: X - - 13EALI .. .:,,H ALFR# .I. DI -. -te / ._-i .r '04i X .. _ _ -....Z ./. /.. - -- -.IssAL1. ; yp�s GERMAINE K. DIETSCH t•. ISEALI T-4 a •'• .-'/ : f(A (1F('1 nl 4 fells n 1 Ihr frce..Re mil tu.nent 8A. s km mlederd Mien Rw tees 7th, e y1�oe'• elTY*•AND• DENVER June 85 ALFRED J. DIETSCH AND GERMAINE K. ? '" ., (.only.a .. J..of 1Y hs . :y;4.}";-'. I a 1 DIETS CH ',•,'Y e� S.•!..-,,,,,,`-'•-` ��;` I - '\a _ - Ms caanra ..naaprey MYCO1 lsSLIAL:.:zs• tit.1* . -.- � :t'3tFx`:- y y: f I `'•Vii?•: r L, ` •f, j w Rite..ml lurid a a�irewl.CAI I• x4. lt /� '7/�„ Z_ i w r t. v.., a�(.'.4- ""r C4.(. {t};.:3;s y ; v4 i i • I • li r &l s ! i his..(3 !-r f 'r t a f ! ' J N ei 2 i..m ` $ a -1.. a p •" r V f • ASSIGNMENT OF RENTS _. s y 4 ti 1 For t purpose of further securing the payment of the promissory note of even date herewith executed by U!e undNd .d g1 {I he -V•,, 4,-2: lti to THE FIRST COLORADO BANK&TRUST N.A..Denver,Colorado,in the rrincipat sum of TWO HUNDRED FIVE THOUSAND r"-`; ° AND NO/100 ! $ *205,000.00* ,which said note is Nso secured by Dead of Trust of even date herewith upon the follow- y4,1'.: e;:i Mg described real estate situate in the County of PITKIN Colorado,to-tMt: ::;,.1. ' l Y '; LOT 2, SAWMILL SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 13, 4 , . i. 1982 IN PLAT BOOK 14 AT PAGE 21 AS RECEPTION NO 246282, TOGETHER WITH_THAT ' , !! CERTAIN PRIVATE ACCESS AND UTILITY EASEMENT AS SHOWN ON SAID PLAT OF SAWMILL it SUBDIVISION, AND ALSO TOGETHER WITH THAT CERTAIN EASEMENT FOR ACCESS AND UTILITIES ACROSS A PART OF LOT 1, SAWMILL SUBDIVISION AS SET FORTH IN GRANT OF �' EASEMENT RECORDED NOVEMBER 4, 1983 IN BOOK 455 AT PAGE 18 AS RECEPTION NO. III 254729. ?''+`~,> •z4f. `d. it COUSITY OF PITKIN ;�- •°p �/ '1 STATE OF COLORADO. •iN I� ,'q".4 it .TYH +�a �.mD rCtc) M'' . ,to criftelt. co i /^� v ,may CO fen Ca/ 1 '. •.i ! i- C. it the undersigned hereby assigns unto THE FIRST COLORADO BANK&TRUST N.A., Denver Colorado,Its suooeseo,s and : L. assigns,the rents accruing and to accrue Irom the property heroine boys described,with the right In said THE FIRST COLORADO { BANK&TRUST N.A-.Denver,Colorado.in the event of,and only in the event of,a default In the payment of said nob,interest or +'"ax principal,according to its tenor,or in the performance of any of the terms and conditions of said Trust Deed to receive and MOW ,,1"....;',"7-', llff the aforesaid rents Irum the persons owing the same.and said persons,upon receipt of written notice of such default.given brew Y ' ` .-..,.:6,,' aforesaid Bank are hereby authorized and directed to pay the rents then and thereafter owing to the said Sank.Rents received 4...:`.:',1:'1'" : hereunder by said Bank shall be applied after defraying the reasonable ex ; r g pone of collection thereof,to the payment of ally amounts which may become due to the Bank or be payable by the undersigned,under the terms and Conditions of the aforMdd f a+. note and Trust Deed: This assignment shall be released by the reams of the aforesaid Deed of Trust. 1-., Doted at Denver.Colorado.this 7th day of. JUNE to g ALF, J DI , .i 4; ,t w� IGERMAINE K. DIETSCH i fR • { t ; i STATE OF COLORADO _Y - ;` { I ,i "` I CITY AND COUNTY OF LENVER r I tI 1 The forepine instrument was ecknowldged before me this f r„ i 7th dw of JUNE AA./1 es M ALFRED J. DIETS CM AND CERNIANE K. DIETSCH i tttYtety hand and dlioiN teal. Si 1til AZ,C , ��^ 'sotto , r'k i':..7.t. 2' 'A,,a L'My ubfl[x;!:as Jwu 26.1981 I t;'.`,, '1 : t ......• •. . *, - • 147 • Aa►.: f, sae '' ' y • — !An FINANCING STATEMENT a permed to Alms pendant to th,Um(am Canttaerctal Code. ).For RtlI1R Oka(Dams lime.Necker ••,s -- I IIIAdotls)Name sad Madm1 Addle.•. m 2 Secured Pertylesl Name aid A..beas. ~ .. { ,I ALFRED J. DIETSCN AND FIRST COLORADO BANK AND TRUST, — gS t� N 1', ! ((\ �, k GERMAINE K. DIETSCN N.A. N e>m �ti �1 100 FILLMORE STREET SUITE 600 2696 SOUTH COLORADO BLVD. —14 ''1-1•� Q� DENVER, COLORADO 8020G 12696 SOUTH COL 80222 T�'ERIC I CO �R Y a F PInN COUN � - - i 1Ito 1-thinning\ialcoent...eel.,IA..,.66.(i.,µirper.o.thorn,of lTthert MC A m V `,.,/ ' w %AN NI (; If..Nlaeal,.iny. nm,rt, wither w n.tKUI..+,ae,.uMtan.r.h•h r.u.aKd.4 W .:aunt.resulting Ina.,the sak theft'I.read.n.trw�t..n,anon. . rn fel t11 7D i PtI�;IT'l:W_; F1X'I'Uf:E:S, I[9i'ROVE2dEN'TS AND OTHER ITEMS AS LISTED 1 =';,., _.. ON THE ATTACHED EX I I I B I T "A" { Nune red rldresa of A•rgner of Seamed Flirty. :':'t . '+! 1 tit;''4u, LEGAL DESCRIPTION AS STATED ON THE ATTACHED EXHIBIT "B" L? '.'f.''' • (leaf Ml\it ap)Na.hk J t . ®The.Stuement,.n.he hk•d Ma re.■ra1.n the Rai c.a.,re..rd. d ®rbduat.r.4 crtllaeral ae aIs. .a rrtd _..- ---- ----- ---_--- - �� ..2 1' lkr. u .h TM.ntattntenr n.,Fred by tar Se.ured Pan),.,serf of the Dern r to per l t t•.cunt,.nert.t in:,Nlaenl !.' :) .q; Please MT ❑alrtrin whdaat h.•....ants.menu in.(water lun■dut,.n+M'n it ass M.,gM into tnr..lure.or,.hen the dcMa1 lacatinn,.Y�e,dams lat. < ..far.e,ae I..a I who.h.•Tara eed..N iM original..NI•tct•I.1r..oho(those in+h.:h.s:an,.nen:.r+..pertca"ed. a..to+tun the thing ha.64x.1..a .. ❑ ]C r�tga.� ryurrad that•:h.nFe.N)nane...Icnnl,or i.r7uraK.tau:tun'.rl the,kM.r j �'"• 7.(leae T ()cM,r t eet{Nn, utrl.l, • i(/ __,__._____ FT RST COLORADO SANK AND TRUST, N_A_ J D C l.. +h.:M'•.a't•i)'n•run'I.nr...pph:•hk I M1M,..� — JAC �r. ..r� t •�y6tRESIDENT °'•% GERMAIfE K. IPIC}f fir ••?;ti ,,, apposed b) de Seam..)a1 Aar and (1)FILING OFFICER COPY - w.na ADO FORM U.C.C.I IREV.1.7$1 , F: ; iOyMh(lersn and Nee,.kit A...w11101C N..dl.rd NNN,.p,ag r101r 2116400 '',:‘ y ,yea' .. - .. f 4 . i ,.f :44...4,..„44...,•eta ata• t!.f • K:,..t.,„1,,_ . ,.. ..\,44.,..4 ,_ ..... rt,, IN A 1 .r:... ',.fig'. x:%:,F_�� 70 . • • TV r . '1 :SIY Ten:'.. •stS i r ` ,ayy r 3 Il 1;sd -,.'1:;..1,s t • 7r�lk L • .- f,'i. ;Aria ■ • 0 . . OR 0 51.:3. f.7714 279151 . • 001-1002636 • LORE1i.'. BANNER PITKIN CIY. RECORDER :..:1i.': . Jut, 30 �! 47 AH '86 • .----- -----' _.. 'Space Above Ms 4..e Foe Retortion Data) . DEED OF TRUST THIS DEED OFTRI_'Srt"Securty t)strurrcot")ts tadeon June 30 Alfred J."Ltetsch and Germaine K. Dietsc'h 86. ,among the grantor. . .. ° ("Borrower" Pi),the Public Trustee of 1 k in Counts("Truster').and thehrnetictary. Aspen Savings & Loan Association ,which is organized and existing under the laws of.t.he State of Colorauo and whose address is .225_N..Min St.. Aspen. CO.8161.1 . .. .. . ("Lender"). '. 4,..?:. Borrower owes Lender the principal sum of EIG.HT.H.UN.D RED.F.O.RTY..F:IVE..THOUSAND..AND..ND..00I100 • - l)oll:us(U.S c 84 5,000.00 ) This debt is evidenced by Borrower's note dated thy same date as this Security Instrument("'Note'"). wht-h provides for monthly paymen s,with the full debt,if not paid earlier.due and pas able on . ..July. 1, .016 This Security Instrument secures to Lender (al the repayment of the debt c •tden.rd by the Note, with interest, and all•renewals,extensions and \, modifications;(h)the payment of all other sums,with im.rest,advanced under paragraph 7 to protect the security of this Security Instrument,and t.)the performance of Borrower's covenants and agreements under this Security Instrument and • the Note For this purpose. Borrower. to consideration of the debt and the trust herein created,irrevocably grants and conveys to Trustee.is trust.with power aside.the following described property located in . ,. County.Colorado: Pitkizi. .... . `. Lot 2, SAWMILL SUBDIVISION, according to the Plat thereof recorded December 13. 1982. in Plat Book 14 at Page 21' as Reception No. 246282, together with that certain. private access and utility easement as shown on said Plat of Sawmill i. •. i Subdivision,. and also together with that certain easement for access and utilities , across a part of Lot 1, Sawmill Subdivision, as set forth in Grant of Easement recorded. November, 4', 1983 in Book 455 at Page. 18 as Reception No. 254729. County. of Pit kin. State of Colorado °-t i • r. I t t• 30 Sawmill Court As rt. .( which has the'rrddress of . Ist.enl Iur,l — • Colorado ...... 81.4 .1 ("Property Address"); !iv cal .. TOC:Etttt-:R WI111 all the improvements now or hereafter erected on the property, and all easements, rights. appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures.now or hereafter a part of the property.All replacements and additions shall also be covered by this Security Instrument.All of the foregoing is referred to in this Seci.nty Instrument rs the"Property." , BottaowER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the rignt to grant r id convey the Property and that the Properly is unencumbered.except for encumbrances of record.Borrower warrants - t • and will defend generally the title to the Properly against all claims and demands,subject to any encumbrances of record. This Strt lt tl'i 'Ivsts(:MEND:OM 5rnes uniform covenan.% for national use and non-uniform covenants with limited sartations h■ Iunsdetion to constitute a unrforr•security instrument covenng real property. . ■ • , t' ) i 1 [": l'*sly.tic xt('t Al`SAS I S Borrower and Lender covenant and agree as folio I. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Mote. _ 2. Funds for Taxes and Insurance. Subject to applicable lay.or to a written waiver by Lender.Borrower shall pay to Lender on the day monthly payments are due under the Note,until the Note is paid in full,a sum("Funds")equal to one-twelfth of: (a) yearly taxes and assessments which may attain priority over this Security instrument (b) yearly leasehold payments or ground rents on the Property. if any, (c) yearly hazard insurance premiums; and (d) yearly ninrtgaate insurance pr,7mhUnis:If any These items are called"escrow items." Lender may estimate the Funds due on the hsis.of.urrent data:mil reasonable estimates of future escrow arms. I he funds shall he held in an institution the deposes or accounts of which are insured or guaranteed by a federal or state agency 1including Lender It Lender is such an Institution). Lender shall apply the Funds to pay the escrow items. Linder ma not charge for holding:oud applying the Funds, analyzing the account or verifying the escrow items.unless Lender pct's Borrower interest on the Funds and applicable law permits Lender to make such a charge. Borrower and • Lender Iti•t■ agree in %nting that Interest shall he paid on the Funds. Unless an agreement is made or applicable law requires interest to he paid. I ender shall not he required to pay Borrower any interest or earnings on the Funds. Lender M .hall go c to Borrower,w oh.gut.hgree.in annual accounting of the Funds showing credits and debits to the Funds and the Aas made the Fund.are pledged as additional security for the sums secured by • ' purpose for which each debit to the this Security Imtrunicnt If the amount of the Funds held by I ender. together with the future monthly payments of Funds payable prior to the due dates—of the escrow Items,sh:tlI exceed the amount required to pay the escrow items when due.the excess shall be. at Borrower's option. either promptly repaid to i3 unmet- or credited to Burrower on monthly payments of Funds. if the ;tni.ouct of the i units held h■ Lender is not sufficient h'pay the escrow hems when due.Borrower shall pay to Lender any amount ne.essar% to make up the deficiency in one or more payments as required by Lender. I.•l.on pa%merit In f:11 of.ill sums secured by this Security Instrument. Lender shall promptly refund to Borrower ens 1.;u1s held M I end<t If under paragraph I`t the Properly Is sold or a,auircd by Lender,Lender shall apply.no later I than umnudtatels prior t.,the sale,•f the Property or its acquisition by Lender.any Funds held by Lender at the time of apph..ttwit as:,.redo,tg III" the sums secured h. this Seem u%Instrument t, Application of Iayments. I nless applicable htw pros ides otherwise.all payments received by Lender under pat aeI ap'' I and :shall hr applied fits!,to late charges due under the Note:second.to prepayment charges due under the \,,t., I h,I,1.I„ann,.mts p.+ ..lole undo r paragraph;.:.north.to Interest due.and last.to principal due. 4. Charge.: I-an.. Rot towel shall pay all laws, .tsses.mrnts.charge.. tines and impositions attributable to the Proprn' wlu.11 m.r. atl:oll pnonty o'er this Security Instrument, and leasehold payments or ground rents. if any. li.orrowei ‘hall par% these obligations in the manner pro%ided in paragraph 2.or if nut paid in that manner,Borrower shall 4 ray then! in unte drre,tIs t,,the person owed pay went Burrower shall promptly furnish to Lender all notices of amounts :o he paid under this paragraph If Borrower makes these payments directly. Borrower shall promptly furnish ro Lender receipts es dens itg the pasntents i Borrower shall pr,Iiiptls discharge any lien which has priority user this Security Instrument unless Borrower:(a) agrees in wrnuig to the pay meat of the ohligaiion secured by the lien in a manner acceptable to Lender:(b)contests in good faith the hen hy.or defends against cni'rcement of the lien in.legal proceedings which in the Lender's opinion operate to 1.1 present the enforcement of the hen or forfeit ure of any part of the Proper t!, or(c)secures from the holr±er of the lien an agreement satisfaston to I ender subordinating the lien to this Security Instrument. if Lender determines that any part of the i'ropeity is subject to a lien which via% ;train priority inset this Security Instrument. lender may give Borrower a notice Ritmo()irmg the lien Borrower shall satisfy the lien or take one or more of the actions set forth above within IOdays of the grstug of notice. 5. Hazard Insurance. Borrower shall keep the unprosenients now existing or hereafter erected on the Property '!. insured against loss by tire.hazards included w it hut the term-'extended:overage"and any other hazards for which Lender requires insurance This msuranCe shall he maintained in the :unounts and for the periods that Lender requires. The• insurance carrier providing the insurance shall he chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. 0, All insurance policies and renewals shall he aceeptahle to I ender and shall nielude a standard mortgage clause. Lender shall have the right to hold the policies and renewals If Lrndcr requires. Borrower shall promptly we to Lender all receipts of paid premiums and renewal notices In the es cult of loss, Borrower shall gist prompt notice to the insurance carrier and I ender Lender may make proof of loss if not made promptly by borrower I files.Lender and 13rut...el-otherw Ise agree ni writing.insurance pr.s:eeds shall he applied to restoration or repair of the Property damaged. it the restoration.ir repair is cconormcall% feasible and Lender's see'unt% is not lessened. If the rest.'raror• or repair is not economically feasible or Lender's sec Linty would he lessened. the uisuravice proceeds shall he applied to the sums secured by this Security Instrument. whether or not then due, a ith cony excess paid to Borrower. If a H.urrov.it abandons the Property.or does not answer aitfint i(i days a notice from Lender that the insurance carrier has offered to settle a clann.then Lender may collect the insurance proceeds Lender may use the proceeds to repair or restore the Property fir to pay sums secured by this Security Instrument. whether or not then due The .10-day period will begin a hen the riot r_a is grs en l ides.I ender and 14'rro%er otherwise agree in w riling.any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred ti in paragraph. I and;or change the amount or the payment. If under paragraph It)the Property is acquired by Lender. Borrower's right to an% insurance policies and proceeds resulting I rom damage to the Property poor to the acqusition.hall pass to Lender to the event of the sun's secured by this Security Instrument immediately prior to ttie.tcqusuton h. Preservation and!Maintenance of troperty:Leaseholds. Bur too et shall not destroy.damage or subsiantpally :Lange .he I'rolerts. allow the Property to deteriorate or commit waste It this Se•cunt' Instrument is on a (e:seh.dd. Hof toy.cf stall comply with the pros odor's of the lease;and if It.irrowcr acquires lee tit le to the Property.the leasehold and fee title shall nut merge unless I ender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property: Mortgage Insurance. If Borrower fails to perform the I. .oseutanis and agreements contained in Ihns Security Instrument.or there is a legal pio eeduig that lasts signttt..nol% affect I ender's rlglus in the Proper'■ (such as at pr weeding in bankrupt.). probate, for :oudeninati.m .■r to enkoce laws or regulations i.then l ender Wray do and pay for w hateser is necessary to protect thr.s;.tic of t he Proper t% .n1,1 I ender'.ry tits it the Property I ender. actions may include paying any sums wolfed by a lien ahtsh•ii.v 1,11..111% .,act this Si.unity Instil •fit.appearlllg in cinlrl.p,.'situg reasonable attorney. I.Y.and entering on Ili.I'h.perts to make rrp.urs :Although I infer may tai'e arbort under this paragraph'..Lender does not 11.1%e to do so . 4ns .amounts disbursed hs I ender under this paragraph'•hall become additional,t■ st„l Rolf•'aen secured b%tin. Serums Instrument I tiles.Itoll.'wer and I ender agree to,other tennis olp.vna•nt.these:0110unts shall heal interest lion, the date .'i disbursement at the \ore rate and shall he p.v.lble. with n Viet csr up•nn 'Iola a. 11—111 I elide, t.• lid,rt.wn .r.tuis:n,g ps rni fit - _ s: - It: r-sR -7, 1 Lender Icquired mortgage insurance as a condition of making•the loan secured.by this Security Instrument, . I;,,rrt,wcr ,hall pay the premiums required to maintain the insurance in effect until such time as the requirement for the insurance terminates In accordance with Borrowers and Leude-•s written agreement or applicable law. S. Inspection. Lender or its agent m make reasonable entries upon and inspections of the Property. Lender sh.lil,:,,e B,,t rower notice:it the time of or prior to an inspection.,pacifying reasonable cause for the inspection. Q. Condemnation. 1 he psl,'cccds of any award or claim for damages.direct or consequential,in conneetion'with ,I l,. .00der.l,..+".'I; , . ,ahei r:,l.,ne ,d an part of the 1'ropxtty. or for conseyance in lieu of condemnation, are hereby aa,, .tsoened.iii o!,•,il he paid t,,I mdei . In the ••'illt of:, 1,,I31 'along of the Property. the proceeds shall be applied to the sums secured by this Security lust s,:mart t't`elher :,I II,'_I then ,file. with :ins excess paid hl Borrower. In the event of a partial taking Of the Property. f .t„! I cider other„ac agree u. w Hung.Ihr sums secured by this Security Instrument shall be reduced b)' W .rurss R,� • " t!te .ntll,,,lltt ,1 ,I;c 1.:,,,ir,l. multiplied hs the I.,IIoNUtg fraction. pal the total amount of the wits secured immediately hef,,lc di,.'along.don,ic,'by ihl the lair market s.able of the Property immediately before the taking. Any balance shall be paid too 1101r.ea If the Piopert\ ,.,iha!u6aled b■ Borrow et.or if. ,tier notice h Lender to Borrower that the condemnor offers to make an,Mated or.rile a,ilaltlt tor the proceeds.atcts option,eitherrtotrestoration o r repa h of the Property or el.en. Ienderisanthorale•..toc - . to the.till,se.iii ed h, till,Sicunt Instrument.whether or not th•ndue. toil,s I enter and Hot rosy et otherwise agree In N riling.arts apphcauon of proceeds to principal shall not extend or i,,.,11,.rtx the doe.f.l:e of the nt„nthls payments referred to in paragraphs I and 2 or change the amount of such payments. if 111. Borrower Not Released: Forbearance By Lender Not a Waiver. Extension of the time for payment or n.Klti.a ,n .Imortitau,,n of the suns secured by this Sccunly Instrument granted by (.ender to any successor in uncles' ,d It•a,•.,'•er shod: ,..a ,,{'crt1e Io release the liability otthe original Borrower or Borrower's successors in interest. I ender ,hall ti• I t.c• lcyuued Io ,,,nunence proceed irrs tiled hs thl!. s lunts'Inin intrrest or h%reason fuse to extend time made pasment,,t ,illy:,,.e n,",IA, mitotii:.,r,m,•1.the sums,ecund . 1, the original B.,rr, ,'r •,1 It'I to,el •,ucicss.,r,In merest Any forhearanceb) Lender in exercising any right or remedy. .'u,!ethee,el.'Ise.11 ns right or remedy h:1!.not he et tr '" ( `' Scseral Liability:( u-signers. The co%cnants and agreements of 11. `uric++,ir+ and Assigns Round; Joint and t his`Xecul n. I nceal shall hind;n,1 henetit the succcss„I s and assigns of Lender and Borrower.subject to the provisions of paragraph I t I). I I•,.,er's.• I:th Note tar t ar agreemeill- signing..his .o. rot Borrower 111)otomortgage.grant anJ convey• ii i Bien, hug does c,,1 n ill, i the E F that Borrowr s ntterrst tai .hi pr, prny ruder the lains of this Securer In.IrunlenL!hl is not pscr+onally Obligated to pit)' the sums soured h this�.':urlt, ItslrtII 1, and t.t agrees that Lander and any other Borrower may agree to extend. ,,,,,outs.io•he.o ,r n,.,ke .„...:,irriiiii,hit t,,ns Nltlt regard to the terms of this Security Instrument or the Note without '1.- :'t:it Borr•o,en's consent 12. Loan(charges. It the wan se,tired hs this`securty lu•trnment is suhlcct to a law which sets maximum loan 1 ch.uge•. and that law n tir.ilh tnterpreted that Ih. Interest or other loan charges collected or to be collected in connection wuh the loan ex.ce,1 the permitted limits. inert tai any such loan cha from he Borrower ed by the amount necesars to!educe the ch.uge to the permuted hunt. and Ihl arcs sums already collected perntnied units will he refunded to Bug nowcr I enact may ch,u,se 10 make this refund by reducing the principal owed under the Note or hs making a direct pay meat to Borrower If:t refund reduces principal.the reduction Nill be treated as a partial prepayment without any prepayment charge under the Note 13. Legislation affecting Lender's Rights. It enactment or expiration of applicable laws has the effect of ,' • I . tendering ant No,Lion o1'the N.uc or this Securits Instru111CW unent,rceahle according Io its terms.Lender.at its option. . may require immediate payment in full of all ,tints se tired h, this Sicurts In+uument and may inxoke any remedies permitted h, paragraph I`l If Lender exercises this option. I ender shall take the steps specified in the%econd paragraph of paragraph I' , 14. Notice,. Ans nonce to Bono,er pros tried for In;tn.Security Instrument shall he pis en by delixermg it or by !nailing It hi tlrst class mail ut:less applicable law requites use of another meth.,ct The notice shall be• directed to the l'ropierty Addles.or arts other address ROI WV.er designates by Hotter ti,Lender. Any notice to Lender shall he given by first class maul t.•Lender's address stated het cm or any other address Lender designates by notice to Borrower.Any notice pro,ides)it In this Ne•s tolls 111,trlmnent shall he deemed to hoe been grsen ro It„rrower or Lender when Eisen as provided in this paragraph IS. Guserning law;Stserability. 1 his Security I list rimetit shall he goserned by federal lass and the law of the iurl,dictl,,n 11, winch the Property 1s located In the esent that any provision or clause of this Security Instrument or the N.,ac:outliers w1111 apohcahle IaN. such conflict shall not affect other proxi•ions of this Sesuroy Instrument or the Note s,inch.an he risen etie.t Nithtout the c„ntlicting prosrsron Io this end the ploylslons of tlus So.urty Instrument and the • Note are diclaled to he sexcrahlc 16. Borrower's Copy. li„rrowet shall he green one conformed copy of the Note and..i tins Security Instrument 17. 'Transfer of the Property cur a lknefleial Interest in Horruwcr. If all or my part of the Property or any ,pretest in it is sold or transferred for II.1 hrnehcial Interest In Borrower is sold or Iransk!red and Il,rruNer is not a natural per4''It wit h„at Lender's prior wrnrm consent. I coder may. at is option.require immediate payment in lull of all sums secured 'ss ilia Security Instrument Ilowcset. this option shall not he esersised by Lender if escrow is prohibited by federal Law .a' ,I the.late of this Se.urn. Instrument I? I e!..1.'1 ete!ctse.this opium.I erodet shall rise 14r10Ner notice of aceelvratiou I he nonce shall pros ide.1 pernd .a n•,t less i Ii.i'r 1,t,Lr.s coil the date the notice is delis:red or mailed N itIIIII N 111:h Burtowet must pay ill slims secured by this Se,anti Inslruinelu II It„bower tails to pay these suits pilot 10 the eymtanon of this ten,til. I ender illy unoke arts Fenn:dies pet witted by ih his k•.urtx 1101unletit wnhoul further notice or demand on Iioerroxx:r • IN Ilurrowcr's Hight to Reinstate. II lion„wer sleets certain:iinditiiins. borrower shall has::the right to has e enfor.•cnl,i,t .4 this`1,•c,ctltt In,suument dlsc.,rtnlued.it any trnlr prior to the earlier of 1.11 t days for such other period as .y,t,1,..0•l.. I.IN mat spe.,ty tin !elnsi.temintll,c•lore sale or the Propilti pursuant to, ry power of sale soittautued in this ..r:lints Instnonent of I ht enu■ •'1 .l lodgment crib„I:my thus Security Instrument 1 hose:nn(1rti,tiis:are that Itorrowet Ion pons I indei all pis which then would he iliac under.this Scurry Instrument and the Note had n/, acceleration ,w.ut red 'r•, ,tile. any default ,ii all. ...the! :0x4'11.1111+ of agreellle!its. tel pay+ all expenses Irliarred in enforcing this se„Ivor, In.,rtn•pt 1n,i,1,l114i. hut nil limited lo. teasonable att.irne%s' lees. and tilt takes such action as Lender mat ,..•nat.ls I.qu,r.' : assuri that the lien col this S&•.t oit% Instrument. I ender • rights in the Prrpe•rty :cad Borrower's ' .,blif.11i,ii I,• p•o ,!„ •urn+ se.toed h, this Security Insuutnent shall .,'nturuc unchanged 1, ir.Ii reinslalement by I1.•I1,,wel buss,'. re's Iuustrurllentandtheohliga•inns se,Weil he,eby shall reroam fulls eflecust Asti noacceler:Mon had oil: J 1 I•.w.'s.•! • n,hr I.,1erllsi.te shall not apply in the case of acceleration mulct paragraphs 11 or I' . �,.,u C�'1.; ^,r;. ` ''7 y : �� Ni es Usti i 1KM CI. t Wnx tS Borrower and Lender further covenant and agl�lras follows: a }*` -• >. 19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraphs 13 and 17 unless applicable law provides otherwise). The notice shall specify: (a) the default;(b)the action required to cure the default:(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured; and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums ' secured by this Security Instrument and sale of the Property.The notice shall further inform Borrower of the right to . reinstate after acceleration an'the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale.If the default is not cured on or before the date specified in the notice,Lender • at its option may require immediate payment in.C611 of all sums secured by this Security Instrument without further demand and may invoke the prose-of sale and any other remedies permitted by applicable law.Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 19, including. but not limited to. reasonable attorneys'fees and costs of title evidence. • If Lender invokes the power of sale, Lender shall give written notice to Trustee of the.occurrence of an event of default and of Lender's election to cause the Property to be sold. lender shall mail a copy of the notice to Borrower ar provided in paragraph 14.Trustee shall record a copy of the notice in the county in which the Property is located.Trustee shall publish a notice of sale for the time and in the manner provided by applicable law and shall mail copies of the notice of . P sale in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law.After the time required by applicable law.Trustee,without demand on Borrower,shall sell the Property at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale in one or more parce's and in any order Trustee determines.Trustee may postpone sale of any parcel of the Property by public announcement at the time and place of any previously scheduled sale.Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's certificate describing the Property and fSe time the purchaser will he entitled to Trustee's deed. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements • made therein.Trustee shall apply the proceeds of the sale in the following order:(a)to all expenses of the sale,including. hut nut limited to,reasonable Trustee's and attorneys'fees:Ibt to all sums secured by this Security Instrument;and(c)any • excess to the person or persons legally entitled to it. 20. Lender in Possession. I'pon acceleration under paragraph ly or abandonment of the Property. I ender(in p<r..,ii hs .,ocelot ,.r h■ u.1. .ills appointed rc.cnerI shall he entitled to enter upon, take possession of and manage the l'nq-•eri. and t.,c,,lic.t the rent.of the l r'l erns including those past due Any rents collected by Lender or the receiver shall he applied hr.: to p.nmem of the costs of managemcnl of the Property and collection of rents, including, but not limit t:'. re:else''. tees. pi coition.on re.ei..r's bonds and reasonable attorneys'fees,and then to the sums secured by this Security Instrument 21. Release. I-ps,i p:ixmem of all sums secured by this Security Instrument, Lender shall request that Trustee release this Secur rt. Instrument arid .hall prottuee lot Trustee.duly cancelled.all notes evidencing debts secured by this Secants Instrument 1 rustee shall release this Sccnrirs Instrument without further inquiry or liability. Borrower shall pay . ,;;Cili: an, recordation costs and the sl:it utor% I rustee•'.lees 22. %aiver of Homestead.Borrower wart es all right of homestead exenip'• n in the Property. 23.Riders to this Security Instrument. !lime or more riders are executed by Borrower and recorded together with this Sccurit Instrument.the co■en.ints and agreements of each such rider shall he incorporated into and shall amend and supplement the cost-molts and agreements of this Security Instrument as if the rider(sl were a part of this Security Instrument (Check applicat-lc hosted; It Adjustable •Rate Rider. ' Condinnnnim Rider 2-4 Family Rider lde Graduated Payment Ritter; I.'f..'ntetl l'nm i)esc'li.pment Rider Other(sl (spcctfyl',, Hs tiot'I'oi lit tiow. Borrower accepts and agrees to thr terms and covenants contained in. this Security, lnstiumcnl and in any,rider(%)executed hs Borrower and recorded with it . . • I. !: .. ii - • ..P ( . - • k g... 1 (Stal)) A1fryi.._ Dietsch , —awns*. .ert ache K. Dietsch ee.ro.«, , ----- — — (Space a.io. Ti,., 1.w ter tic.no riedge»^il -- 1 STATE OF Colorado COUNTY OF Pitkin jSS. I Francine M. Bousquet , a,Notary Public.in and for said county and state;do hereby certify that Alfred J. Dietsch and Germaine,K. D.iet.ach', personally appears& hefnrr me a:.,i•,tars•)l n.n.n . on,.s.••: •..•t.'I..-ti...r•e....•,,r,l o h.,.t•cing info.) ri. !of the.contents of the foregoing instrument, . have c.•,incd :ur.. !•d.:it n:,•.ic1F, • . .n.l,,., , their . ... .. lire and snlunlary..et and deed and that this, her, their) they .,executed •:u,l cNninunt i 0 'tic put poses and uses therein set I...th (1:e, she, they) •'d'ipteaa m� t•4i51 and If. .o.ot thla 30th day el June , 19.$b.. i ` , '4lv ..•ion Iuies: 5/25/88 ti / 1 ' r 4 :.. .,s.. ADJUSTABLE RATE RIDER 001-1002636 :•.?' • ii~ 1 Lear lnaZ)try Indera-Rate Caps, eriK 1 . •• i.,T-71 S •. a v ;III:, •\1),It 51 Alit 1 k\T1 Rll)1_k I. made this 30th das of June • 1986 .and is rated :ni,• .,nd shall be deemed to amend and supplement the Mortgage. Decd of Trust or Security Deed (the ..7.:.,.'i: In,:rumen:"I of the same date Even bs the undersiEned i the ..8,•rr.,..er. t to secure Borrower's Adjustable . k \ ', r „e .•\ I t,, Aspen Savings & Loan Association - t the"lender-1 of the same date and coscnnp the property described in 311 Sawmill Court. Aspen. Colorado-81611 r so . THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE t AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST F.ATc CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BOR- ROWER MUST PAY. �� AI,l,i i t,.�•st (4,\I s s\t'. I c:dd:'.-,.r.t.':t-,e e,"enacts and agreements made in the Secures Instrument.Borrower ,. I ende' !:.r:.e ..,,e7.::.et.::7 am; agree a• !.ill. ,.. ` I\IIKIy1 k 111 AND \1O\11111 P>1\1F\1 ( Ht\GFS 8.S7 5 . 1 he \,'te pro,ides for changes in the interest rate and the 4. 1\11KI•1 KOI t\I) \1O\1H11 PA\\I1 \I ( (( \( 1S A (hang, Date• l . ...-e; • , . Jul}' . Ie87 .and on that day 1.:, '.—i...:7 , I �. ., r..ieres. ..... ..,uid change Is called a "C Fang': Date •B. the Inds t . ':, 1)..:: r , e-: •.... ,s n, ti.,.e,!,•n.,IF. hides 1 he°Indus' is the■seekl■aserage lire se.,, .i• made asail.:ble hs thy Federal I,, , t �. .,• ! . •e. .:L'.. e ..•r•t.:rat . ...:ut,ts it ... Ke•cnr ii.,..•:: I • ,. . :e,,• . I r,:,, :L•r .. .. _..,:r .. the ...,t, .1` d.., he!,,ri c.,ch Change Date is celled thc 61111 ..( Urre:',: Ir.dr, !�, \, It.,,,:C N .e a mt.. Irides which is b'iscd upon comparable I• , .. I I \, it`!de. . n:. • ., ii1 11., ,t:.ns. ,( . ( ilk ulation of ( hangcs ( . ,,•i, I t.:t_ : .e \•.'... 11....-....: ,.. . ..,!.u..,;: r,. rie.• mie•ea rate hs adding t I Het 2e e..- i,, :rte l , 'e:.t Irides The \ote Holder will then round the t 2.RR re•.. sots: � ,'..RR , •e, . .. .. ..t■ .•• . • pe... ... e r'- -. I I I I:` • I Subject to the linens stated in Section• 411)1 tK I,„ 1r. ..•V:'.:)e,: ..,.. ... is r. n , ne+ i:ac•, . .ate ..•":i the nest l hinge Hate the \ ••t. It.,i•ttc u' ,• ..err .... . •,''.':. • _ :.I.•'.thli pat ment that would be suthcicnt to repay the :list• ^c,:e.: ; ••c at :• : I t:.:::;i !tale it: tun on the maturits dale at my new interest rate in sub.tanitai;s CuL.:' . ':'e"!- 1.':e te•u.: , . toss- s.tt,titalt •n 's,i: be the new amount ol ms monthly ,.a■mcnt ,1), Limo. on Interest Kate ( hinges i. The interest rile I am required Its l ,.n at the t:r.: ( hange Date will not he greater than 10.875 r•or less than 8.875 a,, T tteteattcr,ns in.tete•' 'ate ss:i; tie,et be,no cased or decreased On any single Change Date by more, than two peneniage print•I2.I)"„l tj,,n: th, racy ri:ere : I ha-c hec'n pacing tut the preceding twelse months. My .13') interest rate %IIl neset he greater than l4.t+75 ^t. Or less than 8.875°ii. ,1', Eflecti'e 1►alt of(hinges ‘1, new I^;ergst rate a1;I be, '"'e et!c■t:■, C.f.!:( banes'I).:te I will psi, the.:mount of M. new month!)payment beg;nn,ng •,c the hr.. mint rd s p.:.n.,0:: ,•site .:'tr• the I hinge i).,te until the amount of my n.onthl■ payment changes . agair. I I ' Notice of ( hinges acts de';,c' ..,,:t,i n.e.i n,•t:;e of an, ett ii i e•in me Interest rate and the amount of my monthly g 1t,,.. n,a,se w III n,,lode int.•rmauon required b■ law to be gisen me and pas met; het ••e the e lest:,c d.:le,it a ehnn e ak., thc title and telephone nLir:bur , `a per,••;, ,.ti•- will .in•s,er an. question I nt.'s base regarding the notice. B. 1ka\,s1114.(II 1111 PKOPI-KI1 OK a III N11.1(1‘1 I■IIRISI IN BOKKON1R • I n,toin: ( o,cr,.,n• i" ,.! the lecur,t. In•t•un,ent ,- amended t„ read as lotto.. I rinsfer of the Prupert■ur a H n corheiil Interest in Borrower. It all or as part td the Properl■ or an■ interest in it is , —.it ,• tran.terrn: ., berets,.: ,ntcres: :r. N.,tr- a•c' . sold „i ir.in•letred and H,•trowcr is not a natural person! albs,,.' I erode:'• p ra-r ar,ltCi ,.`r.se.t1 I erode• ••.a■ it its„ptt,,n requite immediate pa■ment in full ol all sums secured he this lcsutt:■ Inst•unrcnt H••Ncse• tt.,.s,p:,,'ri.hale n,,: its-ysers,'ed hs I ender it eser;uc is prohibited b■federal law as iii the dale id this Sceutit. Iri•:runtent I cndet also shall not csereise this option if IA) Borrower causes to be subm.,ticd to l ender ',Ikon'.t,,,r re u"ed b, I ender to c■du.rle tr.. intended transleree as if a new loan were being made I. the trans!Ree and itii I ender rcas•,r:abl's determines that I ender.. sccunts will not be impaired by the loan a.......•;,.,r, and that thy r,•E a bteastii it acs e..scnant or ag:centent in this Seeurit' Instrument is acceptable to I cndc• I. :t•:c■tert pc•m•ited hs appi,...tle law.I ender mas charge a reason:ihtc'lee as a condition to 1 enders consent to ' rt., a••umpt,.,r I endue n,a•. cis•' require the transit-rye to sign an assumption agreement that is acceptable to . I critic, and that obligate• the tran•!eree to keep all ttie promise• and agreements made it the Note and in thisSeeurny Itis:•ur-. t; H.,rt.'sC1 wti,s•.ntins,c t••be obligated'under the \.nc.end this Sys urits Instrument unless(.ender releases . H--,..,,C it writing - . MJL ,S'AIL ADJUSIABIE RAIL RIDER—ARM (•-2 `i inglc l'arni 1'; . • I I cndrr csc•c■sc ,•cu;,r to require Immeclratc r.Itincnt in lull. I cn all give Borrower :tome of acsclera- leirk, t.on 1 tic notice shat! rr,,i.dc a period of rot less than.1(i d.■, from the date c notice.is delivered or mailed virthin • w hlch Horrosscr must r.a' .itl SLITS secured h■ this Sccunl% Instrument If Burrower fails to pa) these sums prior to the �v expiration of this per od l ceder ma'. Insole am remedies Permitted b) this Security Instrument without further notice • or dvriand-on Borrower -. - S BI I(I%,. Ho^r`c+ accerts and after. t, the term.and co■enanis contained in this .Adjustable Rate •�' • • ( K:dr W . �Cl.�_ a: ` <.,� I Scal l Alfred J. Dietsch H 'r'c =—.11' yi' lG — ISc.:II Germaine K. Diet sch (Seal 1 • (Sea!) , A • • .�� • Oa • 0 9ITYe1h\ SPEN MAY 2T 936 l ° 130 so ith gale to°s£treet aspeoc()fort aod;=o —81611 • 303-`925 220 20 MEMO TO: Steve Burstein, Planning Office FROM: Karen McLaughlin, City Attorney' s Office DATE : May 27 , 1986 Lixiviation Bridge - Stream Margin Review I have reviewed the application by the City of Aspen Engineering Department for stream margin review regarding the proposed bridge project, and offer the following comments: First, please keep . in mind that the Planning and Zoning -, Commission requires the City of Aspen to submit full and complete applications, and further expects that the Planning Office will review such applications just as stringently as if they had been presented by a developer . Secondly, : please review the attached Ordinance No. 62 (Series of 1935) which amended Section 24-6 .3 substantially. It does not appear to me that the Engineer' s Office application complies with the amendment. Perhaps they are not aware of the amendment or have not updated their code yet. If you have any questions after you review the amendment, please feel free to call me. I believe that the 'Planning and Zoning Commission will want much more detail about the bridge' s design and construction, and about removal of vegetation before they will approve this application. • • ORDINANCE NO. 6�vL.__ (Series of 1985) AN ORDINANCE AMENDING APPLICABLE PROVISIONS OF CHAPTER 7 AND CHAP- TER 24 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, TO MEET MINIMUM REQUIREMENTS OF THE NATIONAL FLOOD INSURANCE PROGRAM BY: * AMENDING SECTION 7-141 ( c) TO SET FORTH REQUIREMENTS FOR APPLICATIONS OF BUILDING PERMITS IN FLOOD HAZARD AREAS; * AMENDING SECTION 20-17 TO SET FORTH STANDARDS FOR APPLICA- TIONS FOR SUBDIVISIONS IN SPECIAL FLOOD HAZARD AREAS; -* AMENDING' SECTION 24-6. 3 TO ARTICULATE STREAM MARGIN REVIEW CRIThRIA TO REST RICI DEVELOPMENT OR CO3SrRUCTION WITHIN HIN FLOOD HAZARD AREAS ; AND -* AMENDING SECTION 24-13. 3(b) TO PROVIDE THAT THERE SHALL BE NO RECONSTRUCTION OR REPLACEMENT OF A NON-CONFORMING STRUCTURE WHICH IS SUBSTANTIALLY DAMAGED UNLESS IN COMPLIANCE •WITH CURRENT FLOOD HAZARD REGULATIONS WHEREAS , the Federal Emergency Management Agency has recom- • mended the enactment of regulations restricting development in flood hazard areas as required' for participation in the National Flood Insurance Program; and • WHEREAS , the City deems it to be in the best interest of the City, its inhabitants, and visitors,: to amend various provisions of Chapter 7 , Chapter 20 and Chapter 24 of the Municipal Code as hereinbelow provided in order to minimize public and private losses due to flood conditions in specific areas , and also for the purpose of complying with the minimum requirements established by the National Flood Insurance Program. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY • OF ASPEN , COLORADO: • 111 410 Section 1 The City Council of the .City of Aspen hereby finds that: 1 . "The Flood Insurance Study for the City of Aspen" , dated December 4 , 1985, with accompanying flood insurance rates and flood boundary-floodway maps , prepared by the Federal Emergency Management Agency, identifies areas of special flood hazards . The study and the findings set forth therein are hereby adopted and incorporated herein by this reference. , 2. The flood hazard areas of the City of Aspen are subject to periodic inundation which results in loss of life and property, health and safety hazards , disruption of commerce and governmental services , extraordinary public expenditures for flood protection and relief , and impairment of the tax base, all of which adversely affect the public health , safety and general welfare . 3. Flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities and when inadequately anchored, damage uses in other areas . Uses that are inadequately flood- proofed, elevated or otherwise protected from flood damage also contribute to the flood loss . Section 2 That subsection (c) of of Section 7-141 of the Municipal Code of the City of Aspen, Colorado, pertaining to amendments or addi- tions to Section 302(a) of the Uniform Building Code ( 1979 Edi- • tion) shall be amended, so as to revise the requirements pertain- • 2 411 410 • ing to applications for construction in special flood hazard areas, to read as follows: "9 . In addition to the requirements for permit applications • set forth in Section 302( a) , when construction or devel- opment is proposed in a special flood hazard area as identified by the Flood Insurance Study for the City of Aspen dated December 4 , 1985 , a certification from a registered professional engineer or architect shall be submitted for public recordation, verifying full and accurate compliance with the following additional requirements: ( a) Accurate elevations ( in relation to mean sea level ) of the lowest floor ( including basement) of all new or substantially improved structures located in the special flood hazard area. ( b) A verification and recordation of the actual eleva- tion ( in relation to mean sea level) to which the structure will be floodproofed . ( c) A demonstration that all new construction and sub- stantial improvements will be anchored to prevent flotation, collapse or lateral movement of the structure. ( d) A demonstration that any new construction or sub- stantial improvements of any structure will have the lowest floor , including basement , elevated to at least two feet above the base flood elevation . ( e) All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage using methods and practices that minimize flood damage. ( f) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. • (g ) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters. (h) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding . • 3 i • Section 3 That Section 20-17 of the Municipal code of the City of Aspen, Colorado, pertaining to subdivision design standards , shall and hereby is amended to add a new subsection " (g) " to read as follows: • " (g) Flood hazard areas . The following standards shall apply for subdivisions or any part thereof with special flood . hazard areas as defined in Section 24-6. 3 of the ' Municipal Code: • ( 1 ) All subdivision proposals shall be consistent with the need to minimize flood damage with public util- ities and facilities such as sewer , gas , electri- cal, and water systems located and constructed to minimize flood damage and adequate drainage. pro- vided to reduce exposure to flood damage; . (2 ) Base flood elevation data shall be provided for subdivision proposals and other proposed develop- ment which contain at least 550 lots or 5 acres (whichever is less) . • • Section 4 That Section 24-6. 3 of the Municipal Code of the City of Aspen, Colorado, shall and hereby is amended to read as follows : Sec. 24-6 . 3. Stream Margin and Flood Hazard Review. • ( a).; In:tention,. To guide development and encourage appropri- ate uses of land in proximity to designated' natural water courses, to promote safety from flooding ,, to pre • vent impediment of natural water flow, to insure provi- sions for adequate protection and preservation of desig- nated natural . water courses as important natural fea- tures, and to restrict development in flood hazard i areas . - ( b) Permit. It shall be unlawful for any development to occur on any lands or in any air space within one hundred (100 ) feet measured horizontally from the high • ��) water line of the Roaring Fork River and its tributary streams , or within the one-hundred year flood plain where it extends beyond one hundred ( 100 ) feet from the high water line, or within a flood hazard area as defined herein", until an application therefor demon- strating full compliance with the requirements of this • section has beeen 'i'd-i e- ed and . approved 'by `the Planning and Zoning Commission and a development permit issued ` therefor. • • • (c) Definitions. For purposes of this Section 24--6 . 3 cer- tain words and phrases used herein shall be dcfined as follows : "Base Flood" means the flood having a one percent ( 1 %) chance of being equaled or exceed in any given year . "Development" means any man-made change ato improved or unimproved real estate, including but not limited to buildings or other structures , mining , dredging , fill- ing , grading, paving, excavation or drilling operations located within one hundred ( 100 ) feet measured horizon- . tally from the high water line of the Roaring Fork River and its tributary streams , or within the one-hundred year flood plain where it extends beyond one hundred ( 100 ) feet from the high water line , or within a special flood hazard area. • • • "Floodway" means the channel of a river ' or other water course or the adjacent land areas that must be reserved in order to discharge the base flood without increasing the water surface elevation. • "Special Flood Hazard Area" means the land in the flood plain subject to a one percent (1 %) or greater chance of flooding in any given year as identified by the "Flood Insurance Study for the City -of Aspen" , dated December 4, 1985, and kept on file in the office of the City Engineer. "Substantial Improvement" means any repair , reconstruc- tion or improvement of a structure, the cost of which equals or exceed 50 percent of the market value of the structure either: ( 1 ) before the improvement or repair is started, or (2 ) if the structure has been damaged and is being restored , before the damage occurred . For the pur- pose of this definition " substantial improvement" is considered to occur when the first alteration of any wail, ceiling, floor , or other structural part of the building commences , whether or not that alteration affects the external dimensions of the structure. The term "substantial improvement" does not , however , include any project for improvement of a structure to comply with ex ist•ing state or local health , sanitary, or safety code specifica- tions which are solely necessary to assure safe living conditions , or any alteration of a structure 5 r listed on the Natinoal Register or Historic Places or a- State Inventory of Historic Place. "Water Course" means any river or stream located in the City of Aspen , including , but not limited to, the Roar- , • ing Fork River and its tributary. streams. (d) Plan_s.pecifications. A development plan shall be sub- mitted to the Planning Director which supplies the fol- lowing information: ( 1 ) • Boundary of the property for which development is requested; (2 ) • Twontours; five foot intervals for grades over 10%; (3 ) Existing and proposed improvements ; (4 ) Construction procedure to be used; (5 ) . Existing trees and shrubs; (6 ) _ The 100 year flood plain line ; • (7 ) When development is proposed in a special flood hazard area: accurate elevations ( in relation to mean sea level) of the lowest floor , including basesment , of all new or substantially improved . structures ; a verification and recordation of the actual elevation in• relation to mean sea level to which any structure is constructed ; a demonstration that all new construction or substantial improve- ments will be anchored to prevent flotation, col- lapse or lateral movement of any structure to• be constructed or improved ; a demonstration that the structure will have the lowest floor , including basement , elevated to at least two (2 ) feet above the base flood elevation, all as certified by a registered professional engineer or architect . ( e) Review criteria. In reviewing the plan for proposed development , the planning and zoning commission shall consider the following guidelines and standards, and impose the following conditions for permit approval : ( 1 ) ' No development shall occur within a special flood hazard area unless it can be demonstrated that there will he no increase in base flood elevation as a result of the development , •as shown by an elevation certificate prepared by a professional engineer registered to practice in the State of Colorado. • • • • • 6 411 410 (2 ) In the event there is a trail designated by an approved trail plan within the development site , such trail shall be dedicated for public use . (3 ) All attempts should be made to implement the recom- mendations of the Roaring Fork Greenway Plan pre- pared by the Roaring Fork Greenway Committee. (4 ) Vegetation shall not be removed nor any slope grade changes made that - may produce erosion of the stream bank. • ( 5 ) All efforts shall be made to reduce pollution and interference with the natural changes of the river , stream or other water course , and to enhance the value thereof as an important •natural feature. (6 ) Written notice shall be given to the Colorado Water Conservation Board prior to any alteration or relo- cation of the water course , and .a copy of said notice shall be submitted to the Federal Emergency • Manag event Agency. (7 ) In the event a water course shall be .altered or relocated, the applicant and applicant' s heirs , successors and assigns shall ,provide maintenance to assure that the flood carrying. capacity is not diminished . ( 8 ) Copies shall be submitted of all necessary federal and state permits relating to work within the one hundred year floodplain . Section 5 That subsection ( b) of Section 24-13 . 3 of the Municipal Code of the City of Aspen, Colorado, pertaining to reconstruction of non-conforming structures is hereby amended to add language per- taining to reconstruction within a flood hazard area, said subsec- tion to read as follows: " (b) Should such non-conforming structures or non-conforming portion of a structure be destroyed by any means and shall not have been repaired or replaced within two (2 ) years from the date of loss , it shall not he recon- structed except in conformity with the provisions of • this code ; provided, further, that any non-conforming 7 • • structure located within a flood hazard area as defined . in Section 24-6. 3 which is substantially destroyed may only be repaired , replaced or reconstructed within its _ original footprint and only in strict accordance with all current flood hazard standards and requirements of this code ( see e.g . , Section 7-141 ( c) ; Section 24-6 . 3 ) . Section 6 If any section, subsection , sentence , clause , phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction , such portion shall be .deemed: a separate , distinct and independent provision and shall not affect the validity of the remaining portions thereof. . S_ection 6 A public hearing on the ordinance shall be held on the AA_ day of -__._L-) Cic. 1985 , , Aspen, Colorado , 15 days prior to which heearing notice of the same shall be published once in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED published as provided by law of the City Council of the City of Aspen on the `AWL_ day of ___ Y.--M15 ----------, 1 98 5. ,/. .,k . 4 /7;,:;- ,>`-, ,,yelz:;c------ William L. Stirling, Mayor U ATTEST: ' _._._-1\1/11__k_.}_U__•- __ _Itt._ .,,A-1-11- _D__---__-_-- -)1-_--\ Kathryn S. Koch , City Clerk\ • • ; 8 •• FINALLY adopted , passed and approved this _Kg-(1 day of u_sna , 1985. • illiam L. Stirli g, Mayor ATTEST: A / Kathryn S. Koch, City Cleilk / 5C 9 - .. - - . . .. . : . . . ' -. . :•- •- ' ' .. . . . - - • i --. Z o .C] z I W o n. .2 - Z1 • ..m o � _ J . J W ' s L1 e W 1%7-W Cn W a ' Z _o - of . :-. '.: 1 — ' • ' ' . . '- ' <C. ° '' -.I ' ett.' '' ' - 1 U. C w - J w - : 0 W � z >- W a Z Cr ~ W . W • .0Z 1 1 VZ J > a. — Q Cr o W " ' Z . Q2 W > ftI I_ W. '•X w . o t- 0 k'., z. �, I A• • • CITY OF ASPEN 46 MEMO FROM STEVE BURSTEIN To; Chat RD-til L;)66,„,tior WY)t k D i-te . low Z 61 ).16 Aort,t dtette i 61;4; flApti aia,, / . Cpl i3'f;nA e Ptei (' 41;1 mtst-L,;-to • Pn. nnlu ti i , mten.vi oimi, 662)&1 t Aye ¢44 rialuveij evd tu: , 3 . AALIA) iqtrtal f),IL Owl aLtd , r ,Terr(4 . • Va 0• CITY * ASPEN � � o ao 130 :ith grale.naostreet asp e. , <c�oPo a`d=o 81611 303-92\5. 2020 • STREAM MARGIN REVIEW APPLICATION LIXIVIATION PLANT BRIDGE PROJECT - July 14, 1986 Planning and Zoning Commission City of Aspen 130 South Galena Street Aspen, Colorado 81611 Ladies and Gentlemen: This letter and the attached material are additional information for the Lixiviation Plant Bridge Sream Margin Review application. The proposal of KKBNA in association with Benedict Sutherland Fallin was selected for the project . Their design consists of weathering steel girders and slant leg piers with a poured-in- place concrete deck and concrete wainscott to three feet high for the Nordic Council pisten bulley track setter to bump without damaging anything. The abutments will be faced with stone . • The original architectural renderings are attached. The design of the wood treatments has changed. The new design is attached. I have attached some additional blueprints . The first sheet is called "General Layout . " This sheet shows the general layout of the bridge and the trail approach from South 7th Street to the bridge . It shows the vegetation in the area of the bridge span. It shows the trees which will have to be removed where the bridge will be . We will remove all trees within the footprint of the bridge plus five feet on each side so that no trees are leaning on the bridge and so that a person cannot climb from the bridge onto a tree. Limbs of other trees will be pruned to five feet away from the bridge . The second sheet shows the access road which already exists . It begins near the Castle Creek Bridge . A crane will have to use that road in order to access the site for the erection of the steel . Smaller equipment will use the road for other construc- tion purposes such as the excavation for the pier footings and the pouring of concrete . This shhet shows the existing vegeta- tion and the vegetation that needs to be removed in order to use the road for the project. • . • Page 2 Lixiviation Plant Bridge July 14, 1986 The third sheet shows the grading and landscaping plan for the bridge trail approach from South Seventh Street to the bridge . The fourth and fifth sheets are blueprints of architectural details and renderings . The original works are also attached . The architectural treatment which has been selected is cedar shakes in lieu of the original diamond pattern shown on the original submission. • The bridge railing will be adjustable . The height in winter will be six feet six inches above the concrete deck, which allows for two feet of snow with a four foot six railing height . In the summer, the railing will be lowered or removed in order to provide a railing height above deck of four feet six inches . If you have any other questions, please let me know. Thank you for your consideration. • Sincerely, ahaek ce&tk Chuck Roth Assistant City Engineer CR/cr/lixi . 4 0 MEMORANDUM TO: City Attorney City Engineer FROM: Steve Burstein, Planning Office RE : Lixiviation (Sawmill) Bridge - Stream Margin Review Parcel ID # 2735-123-01-002 City Case No. 014A-86 DATE : May 19, 1986 Attached for your review and comment is the application submitted by the City of Aspen Engineering Department requesting Stream Margin Review with respect to the Lixiviation (Sawmill) Bridge. Please review this material and return your comments to the Planning Office no later than June 20 , 1986 . Thank you. JUL g 144filt �.i J •• CITY� r• � JMSPEN s�w�� :j4 .^ 130 $o u;t h` 'g a l e n:a ls"tr e e t aspen; color,ad;o .=8 1611 303 025 2020 STREAM MARGIN REVIEW APPLICATION LIXIVIAT ION PLANT BRIDGE PROJECT APRIL 23, 1986 • Planning and Zoning Commission City of Aspen 130 South Galena Street Aspen, Colorado 81611 Ladies and Gentlemen: This letter is a request for a Stream Margin Review pursuant to Section 24-6 .3 of the Aspen Municipal Cod'e,, for the City of Aspen' s Lixiviation Plant Bridge Project ., The Lixiviation Plant Bridge project is being undertaken to provide an interconnect to the present trail system, and to; enable cross, country skier, bicycle and pedestrian traffic to cross Castle Creek. As can be seen on the attached development plan,, both of the piers and one of the abutments of the bridge are located within 100 feet of the high water line . The bridge is approximately" 300 feet long and 12 feet wide.. The south approach will be excavated to achieve a 5%, grade for the first 262' feet from the bridge and a 10%` grade for the next 66 feet. Some fill will be placed at the north approach . Architectural appearance: will be' decided when proposals are submitted on May, 6 . The construction procedures to be used and their impact on the area will depend on the style and design of bridge selected. It appears that the most aesthetically enhancing; structure would' require greater impacts to the vegetation. A slender, single span concrete arch (see attached photographs), would require extensive formwork underneath it for construction, but the long term; benefits would appear to justify the short terms impacts. At. the writing of this letter, we do not have all the information.. Additional information will be submitted as soon as it is availa- ble. • r Stream Margin Review Application Lixiviation Plant Bridge Project Page 2 The following is in response to the review criteria of Section 24-6 .3: 1 . No building will be located within the flood hazard area. 2. The bridge approach trails that are within the development site will be dedicated to public use . 3 . Recommendations of The Roaring Fork Greenway Plan will be implemented. 4 . Slope grade will not be changed and any areas where vegetation _ is removed will be revegetated with high altitude grass and wildflower mixture. 5 . There will be no changes to the stream channel or its capacity and all efforts will be made to minimize the increase in stream sedimentation and suspension loads. To insure this, a represent- ative City Engineering Department will be on-site at this phase of the construction. 6 . We will make every effort to maintain the natural water quality,,, to minimize the impact on the river's natural chancing; process, and to utilize an architectual design for the bridge which will enhance the river 's scenic quality. The Engineering Department hopes that you will approve this application. An access across Castle Creek for recreational use is badly needed and will be much appreciated by the public. Thank you for your consideration. Sincerely, 4;41, Od.,431aA-ge Jim Gibbard Engineering Department 64,4, -f-014 Chuck Rothe Assistant City Engineer JG/co/StreamMarginLixiviation,