HomeMy WebLinkAboutcoa.lu.sm.Mass 505 Sneaky Ln.A87-95 •
AML
IMF
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 7 /27/95 PARCEL ID AND CASE NO.
DATE COMPLETE: 2735-122-70-004 A87-95
STAFF MEMBER: ML
PROJECT NAME: MASS STREAM MARGIN REVIEW
Project Address: 505 SNEAKY LANE ASPEN
Legal Address: NORTH UNIT, CAROLYN PARRY CONDOS
APPLICANT: DR. ANN MASS
Applicant Address: 505 SNEAKY LANE ASPEN 925-1180
REPRESENTATIVE: LIPKIN WARNER DESIGN PARTNERSHIP
Representative Address/Phone: 400 W MAIN ST, #100
Aspen, CO 81611 920-3816
FEES: PLANNING $ 224 # APPS RECEIVED 1
ENGINEER $ # PLATS RECEIVED 1
HOUSING $
ENV. HEALTH $
r' TOTAL $ 224
TYPE OF APPLICATION: STAFF APPROVAL: XX 1 °STEP: 2 STEP:
P&Z Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
CC Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
DRC Meeting Date
REFERRALS:
City Attorney Parks Dept. School District
City Engineer Bldg Inspector Rocky Mtn NatGas
Housing Dir. Fire Marshal CDOT .
Aspen Water Holy Cross Clean Air Board
City Electric Mtn. Bell Open Space Board
Envir.Hlth. ACSD Other
Zoning Energy Center Other
DATE REFERRED: INITIALS: DUE:
FINAL ROUTING: DATE ROUTED: /lJ4A C—INITIAL,,;
City Atty City Engineer Zoning Env. Health
Housing Open Space Other:
FILE STATUS AND LOCATION:
4
MEMORANDUM
TO: Stan Clauson, Community Development Director
FROM: Mary Lackner, Planner
RE: 505 Sneaky Lane Stream Margin Exemption
DATE: August 3 , 1995
SUMMARY: Garen Miller of Lipkin Warner Design Partnership has
submitted an application for a stream margin review exemption for
his client Dr. Ann Mass. The applicant owns the north unit of the
condominium located on Lot 1 of the Parry Subdivision located on
Sneaky Lane in the R-30 zone district.
The applicant is seeking to add approximately 447 square feet to
an existing duplex condominium. The parcel is presently improved
with approximately 4, 524 sq. ft.
Staff has reviewed the project for Ordinance 30 design review
compliance and has determined it meets these standards.
CODE REQUIREMENTS: Section 7-504 of the Aspen Municipal Code sets
forth the following review criteria that enables the Planning
Director to approve an exemption from Stream Margin Review.
Planning staff has reviewed the applicant' s request and finds that
it complies with the requirements of this provision of the land use
code.
RECOMMENDATION: Staff recommends that the Planning Director
approval the applicant' s request for a stream margin review
exemption for the approximately 447 sq. ft. addition to the north
condominium unit of Lot 1 of the Perry Subdivision as indicated on
the Lipkin Warner plans dated August 1, 1995.
APPROVED:
See d k /a0,-A4?/ ovpika sy 4774f,
Stan Clauson,
Community Development Director
S
LIPKIN *WARNER
DESIGN PARTNERSHIP
Memorandum
Date: 7.27.95
To: Planning Director; City of Aspen
From: Garen D.Miller
Re: Dr.Ann Mass Residence
Director,
In response to Sec. 7-504(B) Stream Margin Review and Exemption, please note the following responses
to each exemption standard:
1. Meet. The existing square footage is 4,524.38 square feet. Taking 10%of the tis equal to
452.4 square feet of allowable new building area.
2.Meet. There are no plans to remove any trees. Furthermore,the site will require no tree or brush
removal for construction.
3. Meet. The addition will be located 11 feet(See drawing A1.1 New Construction Plans)further away
from the high water line than the existing structure.
4. Meet. No prior review has been sought.
5. Meet. New construction will not cause an increase to the amount of ground coverage within the
special flood hazard area. (See Survey Sheet enclosed)
Resp ly Submi ,
L`
Garen D. iller
970.920.1142 x15
a 3105
4'0' (oleo
V). t t)
11!`� .�vyU 0'
044) \‘' yf'711
ATTACHMENT 1
OAHU USE APPLICATION FCC
1) Project Name 17r • d.t 14 H
2) Project Location 60 4514� •
LIST` 1
(indicate street address, lot & block number, legal iption w ere
appropriate)
3) Present-Zoning
4) lot Size
5) Applicant's Nam, Address & More $ 17r. I 4I4 1-b►55►
6) Representative's Name, Address & Phone # L1 i t►.1 t q0 'I ti gotum&
400 '4Jezit" tAt6.11,) -. loo Go 120
7) Type of Application (please check-all that apply);
Conditional Use Conceptual SPA Conceptual Historic rev.
Speaia7 Review Final SPA Final Historic Dev.
8040 Greenline aoaweptual PUD Minor Historic Dev.
A. Stream Margin Final PUD Historic Demolition
Motmtain View Plane Subdivision Historic Designation
Amenimettt GUS Allotment
lot Split/lat Line nomPtion
Adjustment
8) Description of Existing Uses (number and type of emisting sus;
angnmcimate sq. ft.; umber of bedrooms; any previous approvals granted to the
property).
1'6 f ve&lez - Notatti 4500ta u*t tr A rIx . Ervin tX
row-Pr.. 14561pett4t..e s 12-)W611.• 6?. 4-. SY.t441'J 61 ter2r-42MA4 Z .
44041Vet, L� f
9) Description cn, of Developme;tt Application
,1a
M *1 r4 Vig-VI*Witv tItp ' . ► sQ. i 1embit Al
10) Have you attached the following?
Respcnse to Attactment 2, Min twin Submission Conten
Response to Attu 3, Specific Sutmission Contents
Response to Attactment 4, Review Standards for Your Application
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ANN MASS, M.D.
Internal Medicine
KIM DAILY,P.A.-C.
General Medicine
400 W.MAIN STREET,SUITE 200
ASPEN,COLORADO 81611
July 26, 1995
To Whom It May Concern:
I authorize Lipkin Warner Design Partnership to bring forth an application
for a stream margin review exemption.
Si ere 3,7,
Ann Mass, M. D.
AM/mc
TELEPHONE:(303)925-1180 FACSIMILE:(303)925-9379
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RETURN TOI '
WE HEREBY CERTIFY THIS TO BE A
AMERICAN RESIDENTIAL MORTGAGE CORPORATION TRUE AND CORRECT COPY OF THE
5105 DTC PARKWAY, SUITE 0310
ENGLEWOOD, CO 80111 ORIGINAL DOCUMENT.
PITKIN COUNTY TITLE, INC.
BYJ6 3
'Speer Ahem This Uai For Recording Dalai
DEED OF TRUST LOAN NO. 930-920657
J
THIS DEED OF TRUST('Security Instrument')is made on NOVEMBER 08, 1993 , among the grantor,
ANN HASS, AN' UNMARRIED WOMAN
0
('Borrower'), the Public Trustee of PITXIN
AMERICAN RESIDENTIAL MORTGAGE CORPORATION, A County("Trustee*),and the beneficiary,r CALIFORNIA CORPORATION
which is organized and existing under the laws of THE STATE OF CALIFORNIA
(.1 address is 11119 N. TORREY PINES ROAD, LA JOLLA, CALIFORNIA 92037-1009 , and whose
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THREE HUNDRED FORTY SIX THOUSAND FIVE HUNDRED(ANd00/10 wer owes Leader the principal sum of
Dollars(U.S. S 346,500.00 )
This debt is evidenced by Borrower's note dated the same date as this Security Instrument('Note'), which provides for
monthly payments,with the full debt, if not paid earlier, due and payable on DECEMBER 01, 2008
This Security Instrument secures to Lender. (a) the repayment of the debt evidenced by the Note, with interest, and all renewals,
extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to
protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose. Borrower, in consideration of the debt and the trust tin creased.
srroveoabRy grange sod casv ys w Tseyss ss,, as mask with power d ear.. tas lioycari,
PITRIM
NORTH UNIT, CAROLYN PARRY CONDOMINIUMS, ACCORDING TO THE PLAT THEREOF
RECORDED JUNE 15, 1981 IN PLAT BOOK 11 AT PAGE 65 AND AMENDED PLAT
RECORDED IN BOOK 535 AT PAGE 576 AND AMENDED PLAT RECORDED IN BOOK
656 AT PAGE 122. COUNTY OF PITXIN, STATE OF COLORADO.
which has the address of SO5 SNEAKY LANE, NORTH UNIT, ASPEN llama.Con
Colorado 81611 ('Property Address');
W1 Cods)
Per Soon .t/9t COLORADO-$inpla F sN i ramis Ma/Fna Mae UMFoRM INSTRUMENT ho.+�• m merml d6/9Y
.�(C01 at� .e�.GAer, ea
.13,,,a.�1100.�..arr. let 11111111111111 1111111"4+1'
199C08A8000920657
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..GETHER WITH all the rprovements Dow or hereafter erected on the i rert f, and all easements, appurtenances, and
...area now or hereafter a part of the property. All replacements and additions shall also be covered by this Security
Instrument. All of the foregoing is referred to in this Security Instrument as the 'Propery.'
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and
convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warratots and will
defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited
variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the
principal of and interest on the debt evidenced by the Note and any prepayment and late :harges due under the Note.
2. ;funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to
Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum(*Funds') for: (a)
and assessments which may attain priority over this Security Instrument as a lien on the Property; ( old ay taxes
or ground rents on the Property, if any; (c)yearly hazard or property insurance remiurrs; (d) Y� (b)flood leasehold ld payments
if any: (e) yearly mortgage insurance premiums, if any; P ro eraoy Lender..nn accordance insurance premiums,
Y. and (f) any sums payable by E,rrc>wer to Lender, in accordance with
44, e. ro I•eu •..f the r.a.is,: I .4 r, ,rt,..ie limilA t.'e ,rrnuu in.
—' -� r r. rttr •. : a The items are call.xl 'Escrow Items.•
wrra•+r.1/ aA•i; � ••� a« ••�• ...+ • ..• - , a -• f r a fr.t.rs,1.
• 1614 ay ,NINCONIM•4 aria WOO ,1 titrwa. /i i• S �
seas • �I �. if b, Leader may. r am ��� .a.. . a ray coo '.%A'.. .+..e:u a.[sXa.,. v. VV. sy;..r• ‘., tit f...:.:►
Lender may estimate the amount of Funds due on the basics collect and
entddata and ureasonab el estimates of tamer amutur
r
Escrow Items or otherwise in accordance with applicable law. expenditures of future
The Funds shall be held in an institution whose deposits are it 'r'ed by a federal agency, instrumentality, or entity
(including Leader, if Leader is such an institution)or in any Federal Ho.,,u Loan Bank. Lender shall apply the Funds to pay e
Escrow Items. Leader may not charge Borrower for holding and applying the Funds, P Y �e
verifying the Escrow hems, unless Lender pays Borrower interest on the Funds and applicable laanwlp rm the ender to account,s, h
a charge. However, Lender may require Borrower to pay a one-time charge for an independent permits tax r Lender reporting make vice
used by Leader in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or
ependent real estate tax reporting service
applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds.
Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrow
without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the u
debit to the Funds was made. The Funds are pledged as additional security for all sums secured by Borrower,
If the Funds held by Lender exceed the amounts purpose for which each
for the the Funds ds he in accordance with the remounts nerof applicable held b If atpli applicable law, y this account Instrument.
Y PP Lender shall adcbynt to Borrower
time is not sufficient to pay the Escrow hems when due, Lender may so notify Borrower in of the Funds held such case Borrower
at any
shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency suoh case Borrower
twelve monthly payments, at Lender's sole discretion. yin no wore than
rsai payment Us full of all sums secured by this Security Instrument• Lender shall promptly refund to Borrower any
toads mad by L.woae. 11. tatatsas ti'►raiTiaP+ .... ...qua: •:..a • , _ •,
of sea Prop.rty, shall apply ape Panda held by Lander at the time of
this Security Instrument. 'a'9u+*+the or awe as a sedan against t� sear by
3. Application of Payments. Unless applicable law provides otherwise, all
I and 2 shall be applied: first, to any prepayment payments received by Lender under paragraphs
third, to interest due; fourth, to principal due and last,charges
any late under the charges due under the Note.
able under paragraph P�
4. Chang Pay 2;
�; Lie• Borrower shall pay all taxes, assessments, charges, flies and impositions attributable to the Property
which may attain priority over this Security Instrument, and leasehold payments or ground
these obligations in the manner provided in paragraph 2, or if not paid in that g rents, if any.them Borrower spar pay
to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts nts to belpaid under othis tpaaratra fh.
if Borrower makes these payments directly., Borrower shall promptly furnish to Lender recei is evidencin the a
P g ph.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in
writan to the evidencing payments.
g payment of the obligation secured by the lien in a manner acceptable to Leader; C
by. or defends against enforcement of floe lien in, legal proceedings which in the (b)contests in good faith the lien
enforcement of tba ben; or (e) secures from the holder of the lien an agreement Lender's .er icr n bo d,n to prevent the
te,s �"^ry If Leader Bete g many sattsfactor� to Let.ter nihord,nuueg the teem to
this Swung) rmutea that an) part of the Property is subject to a bee �►b,:n mi% attaap pnont over
7 Inatrunte s, Leader may give Borrower a notice identifying the lien. Borrower shall satisfy use lies or tatl<e opts or
more of ass amass am forth above within 10 days of the giving of notice.
44•A1070)01011/ pant 3008 ,1/91
Paw 2Ma
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or Property L. Borrower shall keep the improvem a existing or hereafter erected on the
. ',. red against loss by fug, hazards included within the term 'extended coverage' and any other hazards, including
or flooding, for which Lender requires insurance. This insurance shall be maittained in the amounts and for the periods
.,,:.` lYLender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval
.= '''which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Leader may, at Leader's
option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Leader
shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of
paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Leader.
Leader may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the
Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. if the restoration or
repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums
secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the
Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to sett! a claim, then
Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums
secured by this Security Instrument, whether or not then due. The 30-clay period will begin when the notice is given.
Unless Lender and Borrower other ,se agree in enraging. any applicat,.-.n of proceeds to principal shall net etteni or
pusipuess the dote data 01 UM muo4 J) pa)Weals te!etteJ 1, .a petsg:•,.Gt l ac..: : .har.v t.:e it • • t f •:4 •.,,.
under paragraph 21 the Property is acquared.by Lender. Borrower's ngbr to an insurance policies and praaee.ia rca..lt.ng fro
damage to the Property prior to the acquisition shall pass to Leader to the extent of the sums secured by this Security Instrument
immediately prior to the acquisition.
6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds.
Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of
this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after
the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless
extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the
Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture
action or proceeding, whether civil or criminal, is'begun that in Lender's good faith judgment could result in forfeiture of the
Property or otherwise materially impair the lien created by this Security Instrument or Leader's security interest. Borrower may
cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling
that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material
impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if
Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender(or failed
to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited
to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a
leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the
leasehold and the fee title shall not merge unless Lender agrees to the merger in writing.
7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in
this So:unty Instrument, or there is a legal pnreed,ng that nu. ugntft,••ntl. afro•, I eswier't nth(t in the Pm,reety (such as a
proceeding in bankruptcy, probate, for 000demaatioe or forfestsars or to actor= laws or rogulaaoea). ram Lama= way do start-
pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may
include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying
reasonable attorneys' fees and entering on the Property to make repairs. Although Leader may take action under this paragraph
7, Lender does not have to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this
Security Instrument. Unless Borrower and Leader agree to other terms of payment, these amounts shall bear interest from the
date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting
. payment.
8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security ►
Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If. for any reason, the
mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required so ,
obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to rya 2
cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Leeds If 1
substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Leader each month a wan oq,,.,l to t
one-twelfth of the yearly mortgage insuranc: premium being paid by Borrower when the insurance co.crage lapsed or vraed to
be in effect. Leader will accept, use and ter .n these payments as a loss reserve in Isesu of mortgage insurance Loss macaw
Form coos tmI t
OVRtti0l atom) hp a OS ,
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at the option of Lender, if mortgage insures •ve;age (in the amount and for the period is may no longer be requt. p P�
t Leader requires) provided by an insurer approved by Leader again becomes available and is obtained. Borrower shall pay
the premiums required to maintain mortgage insurance in effect, or to provide a loss reseree, until the requirement for mortgage
insurance ends in accordance with any written agreement between Borrower and Lender or applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspectires of the Property. Lender shall give
Borrower notice at the time of or!+rior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and
shall be paid to Lender.
In the event of a total taking of the Property, the proceeds shall be applied to the surrs secured by this Security Instrument,
whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair
market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this
Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by
this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total
amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property i.aimediately
betore the taking Any balance shall be paid to Borrower. In the event of a partial taki:g of the Property in which the fair
tersest •a::w of see Prcperty a 'mediate'. before the taking is leas thin the amt,unt of the sums secured immediately before the
,aa , 4w.•eee tt►9I*tw.e. 4.•.t .kr•;n •a.. - ,. • , • •• •„ •, /He IS reuse pro.oiei, the proceeds shall •
a. N+• a,..;}s wio. ..red I: 41... •• Ns.. ..,:_ • +.r 1.4 . , • . : e , r .4
IV of APP011eriti a albliailand !) 1wruwar. or ,I• a 01,4r r• +..4 t'1 l.f r•.St1 iU boriuwer San the C.tie 11 offer) tO male an
gassed et souk a dais for damages. Borrower fails to respond to Lender within 30 days after the date the notice is given.
Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or o the sums
secured by this Security Instrument, whether or not then due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments.
11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification
of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall
not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to
commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortiz.^.tion
of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's
successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the
exercise of any right or remedy.
12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this
Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of
paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security
Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that
Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums
secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or
mat* any srcomawidatioas with regard to the terms of this Security Instrument or the Note without that Borrower's consent. •
l LA s ( li.a'ia ,r '.ate �.• :r _ - • • • • • I • _ , —at - lean :".a•ent
are also hew ea &oft ell iresee/ o ON the menu or outer lose ahsrgm aolleiesad oc to be collected in connection womb the
lose mooed the permitted limits, them: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge
to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to
Borrower. Lender may choose to make this refund by reducing the princi 711 owed under the Note or by making a direct
payment to Borrower. If a refund reduces principal, the reduction'will be treated as a partial prepayment without any
prepayment charge under the Note.
14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing
it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address
or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to
Leader's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this
Security Instrument shall be doomed to have been given to Borrower or Lender when given as provided in this paragraph.
1S. Governs( Less; Stavability. This Swung) Instrument shall be governed by federal law and the law of the
rv+sd.etaais • 11446 the Prepany is located la use e.au that any pros tuon or clause of this Security Instrument or the Note
taisP'aata Ira epotaosibie I r•. stacb coell.:t stall nice affect other pro•.si.ma of this Secunty Instrument or the Note which can be
s•••s snail •o>Aa tats asslb• pi"ka.as To us+► east tae pan.,s.ans of tail Security instrument and the Note are declared
at its wise
14. !ltaf*tmes Cary. Itanagost allot; to pram nos :cettorus d :cep. of the S;is and of Out Secunr) Instrument.
Form 3000 1/111
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4064R1NLLr►aO oqa•sits ,.
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."`Transfer of the Pumper., ,r a Beneficial Interest in Borrower. If all ay part of the Property or any interest is it.
-'sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without
Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this
Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the bate
of this Security Instrument. •
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not
less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this
Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may.invoke any remedies
permitted by this Security Instrument without further notice or demand on Borrower.
18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have
enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as
applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this
Security Instrument; or(b)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays
Leader all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b)
cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument,
including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure
etear use ewe of this Swwnt. Instrument. Lsn.l•r's rights in the Prt.iseit and Ron.,wer's obligation to pay the be sums s
1 P secured b
Y by
' ws.& q.' a•• •.' rtent h%
R rr er, the. Ses:unty Instrument and the
ataosvreattM eirm ed Arem07 itZ s. sesames t,.... • .. ., ar .1 ar M.4.a°t/a►...et tar•.: _...r;t. .l i-'.t.e: U1.1, r :.: (C.11:44 alai l
assn app:' I tau care d aoe Iernneat sodas peregrape I I
19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security
Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known
as the °Loan Servicer') that collects monthly payments due under the Note and this Security Instrument. There also may be one
or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will he
given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and
address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other
information required by applicable law.
20. Hazardous Substances Borrower shall not cruse or permit the presence, use, disposal, storage, or release oftany
Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the
Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or
storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal
residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any
governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law
of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that
any removal or other remediatioo of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take
all necessary remedial actions in accordance with Environmental Law.
As used in this paragraph 20, °Hazardous Substances' are those substances defined as toxic or hazardous substances by
1*••oroureveull Law and the following substances' gasoline, kerosene. other flammable or toxic petroleum products, toxic
anew adne art (aR• .444, •. • .t av •,♦ ., , a • • • . • .. .' • .• .' , t• . •. $ 1 . ..$r r t e k. kit"! in
this pmravaide 20, lloVIMMIII2ad Law' mans federal tsars and fawn of sbo ontsdimben we ibis Propeny is located Wet
rslass to health, safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach
of any covenant or agreement in this Security Instrument (but not prior 'to acceleration under paragraph 17 unless
applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default;
(c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and
(d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the stuns
secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to
reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other
defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, -
Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument without
further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be
entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited
as, re gibes attorneys'neys' fees and costs of title evidence.
V Leader smirches the payee: of sale, Lender shall gt.e written notice to Trustee of the occurrence of an event of
*ismk and of l.esel is election to craw.* the "'vipers, to he sold !ender shall mail a coDy of the notice to Borrower as
par+•sided as part/Ty 11. Instal ►r>vwJl rerwd a cop, of the notice in the count, in whuch the Pruprrty its located.
T rotor Molt punch se a notice of oak /car the tame and in the manner rue riled hy applicable law and shall mail copies of
the minas of to s a tit manner prsa,: ib d by applicable law to �wer and to the other persons prescribed by
Form 3006 ,1i$1
44;t481001.1.1091 Fare s re a
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',le law. After the rim ,lined by applicable law, Trustee, withou and on Borrower, shall sell the Property
- public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale
in one or more parcels and in any order Trustee determines. Trustee may postpone sale of any pared of the Property by
public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the
Property at any sale.
Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time the purchaser will be
entitled to Trustee's deed. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements
made therein. Trustee shall apply the proem& or the sale In the following order' (M) to all eapenhis of the sale, Including,
but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c)
any excess to the person or persons legally entitled to it.
22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall request that Trustee release this
Security Instrument and shall produce for Trustee, duly cancelled, all notes evidencing debts secured by this Security
Instrument. Trustee shall release this Security Instrument without further inquiry or liability. Borrower shall pay any
recordation costs and the statutory Trustee's fees.
23. Waiver of Homestead. Borrower waives all right of homestead exemption in the Property.
.4 R..hers to this Swrurit• instrument 'I terse nr n rr nJers are rie:uted h) Re.rrnwer and recorded together with this
lies[ , i s taw .v+**aa:.► at.4 ag'MOO.LU ..r t.-a ur,a (:,kr .t.a:t hr .r,,. ,'+ratti all. ubj .L41: g,r r..:,&DJ ►upc.!talent
me co`ehanta and agreements of leis Secant) lasanimetu as if the miens) were a pan of ULM Secunt1 Instrument.
(Check applicable boa(es)i
Adjustable Rate Rider
Graduated Payment Condominium Rider El ment Rider 1-4 Family Rider
Y Planned Unit Development Rider El Biweekly Payment Rider
0
Balloon Rider Rate Improvement Rider
V.A..Rider 0 Second Home Rider
Otber(s)[specify]
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and
in any rider(s)executed by Borrower and recorded with it. ,
- Witnesses: (�` � , \
I1 . �, ,.�) (Seal).
ANN MASS
(Seal)
Dertetwer
i. (Sat)
,�,
(Seal)
Doeower
STATE OF COLORADO, P -r t tJ Count y ss:
The foregoing ipstrunsent was acknowledged before me this
I et 4 3 • by H N►.. PYL A-S e-
...)
a`4-t.. day of P`�o�i�.rn 6F 2
Witness my hand and official �l g`HiGk•` ,
�O tis, s' I
My Commharaa EaptIa: ;� OTAfe . l� t �i,�•
* . Votary Public
7,, PUBL1G V .
OF COV�,
®-.RICO!sum `...
• rag.•..►
My Commission Expires April 22.1994 Fa.T aces 1t91
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LOAM NO. 930-920657
•-•=d, payable t0
s CONDOM Np,
mad is iaco ONDO1111NIV INI RIDE 93p•gy06S7
'� R
Bold (the 'Security in.._ad shall e d made this 8TH
now eemed to Note to fit ) of the amend d supplemeOt be NOVgNBER 1 g
°f the MOR�AQ$ �RS��T2ON�A C the uodeia'S d (tbp p of Trys or SeCu� ,
Sps H date and enemas the property d �yFp IA CpRPpRJ4Tr • to secure
Kr a 'H UNIT, &sp us r ��ht1 Inury r
pito kaOM'a 4d�a unit in, together /P • t°Lp�D 81611 ands°t: tine •)
TlieectPleperty
CJ1RoLY with "'P'nr�dar,„
N PARRY ao undivided • 1
mtenest • he
(the • e°mtaium ptOloct•), If Name o� m 1 con�n elements of, a
perry`Owners IOC/Odes' iatioa•) Aceds title em association Condominium r el:j! condominium
CO's interest. 8o:rower's interest property for the other entity Which
1._ NDBp UM m the �'nae benefit or use of sots for the o
�adoC0nd0fimOd�oderS. In addition
Association and the bersoldeprgJect or
lum p Obli Covenant n tO the co uses. Proceeds �. the f
other dOCUmeat W/xt's
Constituent $0 t t sad
agree as follows:�ts and a8roe ad befits of
equ;vmleat d hick Creates cot D°cumep shall perform �°� made is a)
Co B. Documecits. 1,, Mali Pro Condominium proles. titue Docu°f Borrowers obt; the eec the tier
Gfier �rd mPtly PAY. wh (t') by-laws• �°� are the: 8arioy4 under
PrOvi a master• or .ba loa ea dues au dues (i;;) code of regulations;Declaration der �e )
fin and insurSace cov aaJcet Polic the hers A +tad assess �8ulations� and !;v or any
hazards iac/uded�e m the
amounts. Copdontissc iat;on maintains, imposed Pursuaat)to they )
(i) I�, with;_ the for the m p^olert ith a the
���preen. `��er `►Lvy 1 nts. fo the
.:.z, .04 and �I1 n which is • t,,fa, �nilly��the rued
fa) for d "'.e m uniform p,. �. :e. au r oy :;, L �'wtu
is.i...),
olicy,tY is deed satisf�o Wei uad aaif a the Pr OpenY. and
for the �n� i ins/udIn8
_Borrower shall give mxtant that th required C versant S to aria y�Ymeat 1° Lender
the event o Lender
coverage to of the
l sh+tll property. wb°ther of utio prompt t�tioe of any lapse is ��e is Provided by �ce.coverage on•
Paid tutu or to insurance n'4uirtid h thvaetg the
�wor. Laoo. t for it or t i common Weal P°pds is lieu.o �' muse�v 'location
C.tort Liability f„� ` ao to the stiff**cured proceeds
theca ble to on r wee tollo
__�`�+�. Security mower� 8 a low to
lere to Leader.ociati snip.; dtas a Public ryshall take such actions c, ,,.....L ere Y�sc;gned
iawraoea PWic as may be secs Paid w
r� Y ao is forte.
to lea" that commaissual
aillauld, end 16011.416.•hilftwitiftit.ahkair,...i..- /extent� 3140 xl0
no rem em 3140 woo
' / . .
.S 111411118/13101099121111110
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LOAN NO. 930-920657
D. Condemnation. The proceeds of any award or claim for damages. _:rect or consequential, payable to
Borrower in connection with any condemnation or other taking of all or any ;.art of the Property, whether of the
unit or of the common elements, or for any conveyance in lieu of condemnat, , are hereby assigned and shall be
paid to Lender. Such proceeds shall be applied by Lender to the sums sec:.-ad by the Security Instrument as
provided in Uniform Covenant 10.
E. Lender's Prior Consent. Borrower shall not, except after notice to Lender and with Lender's prior
written consent, either partition or subdivide the Property or consent to:
(i) the abandonment or termination of the Condominium Prop-_t, except for abandonment or
termination required by law in tl:o case of substantial destruction by fire cr other casualty or in the case of a
taking by condemnation or eminent domain;
(ii) any amendment to any provision of the Constituent Documents :f the provision is for the express
benefit of Lender;
(iii) termination of professional management and assumption of self-management of the Owners
Association; or
(iv) any action which would have the effect of rendering the pt.5lic liability insurance coverage
garntained by the Owners At.t~, ,r •n una :rptahle to Lender.
F. Remedies. If Borrower dOC.S not pay condomraum dues and itixssmer.s Mheo due, then Lender may pay
them. Any amounts disbursed by Lender under this paragraph F shall become additional debt of Borrower secured
by the Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall
bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from
Lender to Borrower requesting payment.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this Condominium
Rider.
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ANN MASS ( )
•Bortowr
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(Seal)
-Borrower
(S )
-Borrower
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•Banwn
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41%4 Area
►.o•?«z Form 3140 WOO
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