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05-27-1993 Mtn Star Borrower Promissory NotePROMISSORY NOTE U.S. $11,996,986 Avon, Colorado 1993 1. FOR VALUE RECEIVED, the undersigned ( "Borrower ") at the address of 1000 South Frontage Road West, Suite 201, Vail, Colorado 81657, promises to pay the Town of Avon at the address of P.O. Box 975, Avon, Colorado 81620, or order ( "Note Holder "), the principal sum of Eleven Million Nine Hundred Ninety -Six Thousand Nine Hundred Eighty -Six and No /100 U.S. Dollars ($11,996,986), to be paid in accordance with and subject to that certain Amended and Restated Subdivision Improvements Agreement dated IM A U A� , 1993, between Borrower and Note Holder (the "Agreement "), the terms and provisions of which are hereby incorporated herein by this reference. 2. Borrower shall pay to the Note Holder default interest at the annual rate of 12% (the "Default Rate "), on any payment not received by the Note Holder within 10 days after Borrower's receipt of notice from the Note Holder that the payment is delinquent. 3. If any payment required by this Note is not paid when due, the entire principal amount outstanding and accrued interest thereon shall become due and payable at the option of the Note Holder (such election being referred to as "Acceleration "); and the indebtedness shall bear interest at the rate of 12% per annum from the date of default. Note Holder shall be entitled to collect all reasonable costs and expense of collection and /or suit, including but not limited to reasonable attorneys' fees. 4. Borrower may prepay the principal amount and any accrued interest outstanding under this Note, in whole or in part, at any time without penalty. 5. Borrower hereby waives presentment, notice of dishonor and protest, and hereby agrees to any extensions of time of payment and partial payments before, at, or after maturity. 6. Any notices to the parties provided for in this Note shall be in writing and shall be given and be effective upon (1) delivery to such party or (2) three business days after mailing such notice by first -class U.S. mail, or (3) one business day after timely deposit with a commercial overnight courier service, charges prepaid, addressed to the Note Holder or Borrower at the address stated in the first paragraph of this Note, or to such other address as the parties may designate. 7. The indebtedness evidenced by this Note (the "Indebtedness ") is secured by a Deed of Trust dated L a 14 J _� 1993 (the 'Deed of Trust"), and until released, the Deed of Trust contains dditional rights of Note Holder. Such rights may cause Acceleration of the Indebtedness. Reference is made to the Deed of Trust for such additional terms. The Deed of Trust grants rights in the property in Eagle County, Colorado, identified on Exhibit A attached to and incorporated in this Note by this reference (the "Deed of Trust Property") 8. Note Holder will look primarily to the Deed of Trust Property as its recourse for repayment of the indebtedness evidenced by this Note and for any default under this Note or the Deed of Trust or the Agreement. Note Holder shall be entitled to enforce a claim for a deficiency against Borrower provided Note Holder shall have complied with C.R.S. § 38 -38 -106, as amended from time to time. Nothing contained in this paragraph, however, shall be construed to prejudice the rights of Note Holder to enforce any of its other rights or remedies under the Agreement, the Deed of Trust or this Note. MOUNTAIN STAR LIMITED LIABILITY COMPANY, a Wyoming limited liability company By: WFS Company, as Authorized Agent of the Management Committee of Mountain Star Limited Liability Company -2- By: G h Willis J.-`Wright, Jr., General 'Partner EXHIBIT A THE DEED OF TRUST PROPERTY Lots 1, 2, 67, 68, 69, 70, 71, 72, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, Final Plat, Mountain Star, according to the plat recorded on 5 --1 $ - q3 , 1993, in Book WD at Page ) ;),q in the records of the Clerk and Recorder of Eagle County, Colorado A -1 NOTICE OF WAIVER {; NOTICE IS HEREBY GIVEN that the Town of Avon, County of Eagle, and State of Colorado, acting through its Town Manager, waives that certain Plat Restriction Number 6 contained in the Amended Plat for Mountain Star, recorded November 22, 1993, in Book 625 at Page 455, Eagle County records, with respect to all lots, Mountain Star, Town of Avon, County of Eagle and State of Colorado. DATED this day of Appl, 1994. milli James, Town Manager STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing document was subscribed and sworn to bkeore me, the undersigned Notary Public, on the (11 day of M cf , 1994, by William D. James as Town Manager e Tovrn'af Avon, County of Eagle and tate of Colorado. 31�(jT A ( j'My commission expires: -pU� L1G Witness my hand and official eal . Not ry Public 533516 B -637 P -464 04/14/94 10:42A PG 1 OF 1 REC DOC Sara J. Fisher Eagle County Clerk & Recorder 5.00 i .l 521893 B -625 P -829 11/24/93 04:57P PG 1 OF 1 REC DOC Sara J. Fisher Eagle County Clerk & Recorder 5.00 NOTICE OF WAIVER NOTICE IS HEREBY GIVEN that the Town of Avon, County of Eagle and State of Colorado, acting through its Town Manager, waives that certain Plat Restriction Number 6 contained in the Amended Plat for Mountain Star, recorded November 22, 1993, in book 625 at page 455, Eagle County records, with respect to Lots ti 3 through 66, Mountain Star, Town of Avon, County of Eagle and State of Colorado; PROVIDED, nothing herein shall be construed as an acknowledgment of the fulfillment and compliance with the requirements of the Amended and Restated Subdivision Improvements Agreement, recorded May 28, 1993, in book 610 at page 129, Eagle County records. 24th November DATED the day of , 1993. William ames, Town Manager STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing document was subscribed and sworn to before me, the undersigned Notary Public, on the 24th day of November , 1993, by William D. James as Town Manager of the Town of Avon, County of Eagle and State of Colorado... My commission expires: 4/24/97. /e ' �,ORr Witness my hand and seal 1F. Y�'P.r • m Notary Pu li •.,,,,,,1o1..���•• +• NOTICE OF WAIVER NOTICE IS HEREBY GIVEN that the Town of Avon, County of Eagle and State of Colorado, acting through its Town Manager, waives that certain Plat Restriction Number 6 contained in the Amended Plat for Mountain Star, recorded November 22, 1993, in book 625 at page 455, Eagle County records, with respect to Lots 3 through 66, Mountain Star, Town of Avon, County of Eagle and State of Colorado; PROVIDED, nothing herein shall be construed as an acknowledgment of the fulfillment and compliance with the requirements of the Amended and Restated Subdivision Improvements Agreement, recorded May 28, 1993, in book 610 at page 129, Eagle County records. DATED the 24th day of November , 1993. William - -`D. James, Town Manager STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing document was subscribed and sworn to before me, the undersigned Notary Public, on the 24th day of November , 1993, by William D. James as Town Manager of the Town of Avon, County of Eagle and State of Colorado. My commission expires: 4/24/97 Witness my hand and seal.---- Notary Public \ Recorded at _ Reception No o'clock M.. REQUEST FOR RELEASE OF DEED OF TRUST AND RELEASE MOUNTAIN STAR LIMITED LIABILITY COMPANY TOWN OF AVON R ecorder Date Grantor (Borrower) Original Beneficiary (Lender) MAY 27, 1993 Date of Deed of Trust MAY 28, 1993 Recording Date of Deed of Trust EAGLE County of Recording 506209 Reception and /or Film Nos. of Recorded Deed of Trust Reception No. Film No. 610 130 Book and Page of Deed of Trust Book No. Page No. TO THE PUBLIC TRUSTEE OF EAGLE County (The Public Trustee to which the above Deed of Trust conveys the said property.) Please execute this release, as the indebtedness has been fully paid and /or the terms and conditions of the trust have been fully satisfied. TOWN OF AVON Current Owner and Holder of the Evidence of Debt Secured by Deed of Trust (Lender) Name and Title of Agent or Officer of Current Owner and Holder Signature Signature State of Colorado, County of Eacrle The foregoing request for release was acknowledged before me on February 8 , 1994 (date) by' Z' Date Commission Expires RELEASE OF DEED OF TRUST Witness My Hand and Seal Notary Public KNOW ALL MEN, that the above referenced Grantor(s), by Deed of Trust, conveyed certain real property described in said Deed of Trust, to the Public Trustee of the County referenced above, in the State of Colorado to be held in trust to secure the payment of the indebtedness referred to therein. NOW THEREFORE, at the written request of the legal holder of the said indebtedness, and in consideration of the premises and the payment of the statutory sum, receipt of which is hereby acknowledged, I, as the Public Trustee in the County first referenced above, do hereby remise, release and quitclaim unto the present owner or owners of said real property, and unto the heirs, successors and assigns of such owner or owners forever, all the right, title and interest which I have under and by virtue of the aforesaid Deed of Trust in the real estate described therein, to have and to hold the same, with all the privileges and appurtenances thereunto belonging forever; and further I do hereby fully and absolutely release, cancel and forever discharge said Deed of Trust. by State of Colorado, County of The foregoing instrument was acknowledged before me on (date) by as the Public Trustee of County, Colorado. Date Commission Expires *If applicable, insert title of agent or officer and name of current owner and holder. Original Note and Deed of Trust Returned to: Received by Public Trustee Deputy Public Trustee Witness My Hand and Seal Notary No. 904. Rev. 5 -90. (REQUEST FOR) (RELEASE) OF DEED OF TRUST a Bradford Publishing, 1743 Wazee St., Denver, CO 80202 — (303) 292 -2500 —11 -90 WHEN RECORDED RETURN TO: