HomeMy WebLinkAbout20123699.tiff 3865166 08/09/2012 02:59 PM
Total Pages:6 Rec Fee:$36.00
Steve Moreno-Clerk and Recorder,Weld County, CO
First American The
After recording,return to:
Ryley Carlock&Applewhite
1700 Lincoln Street, Suite 3500
Denver, Colorado 80203
Attention: Pam J.Finch,Paralegal
MC5 51}0351
2-13 SPECIAL WARRANTY DEED
IN LIEU OF FORECLOSURE
THE UNDERSIGNED, GREELEY PLAZA, LLC, a Colorado limited liability
company ("Grantor"), whose address is 15475 Gleneagle Drive, Colorado Springs, Colorado
80921, for TEN DOLLARS and other good and valuable consideration, the receipt and
sufficiency of which is acknowledged, hereby grant, bargain, sell, convey and confirm to
CSAI9-RIVERWALK SQUARE,L.L.C.,an Oklahoma limited liability company("Grantee"),
whose address is 3030 East Camelback Road,Phoenix,Arizona 85016,the real property located
in the County of Weld, State of Colorado, which is more specifically described on Exhibit A
attached hereto and incorporated herein by reference (the"Property"), which is also known as
and numbered as 822 Seventh Street,Greeley,Colorado.
TO HAVE AND TO HOLD the said Property with all its appurtenances unto the
Grantee,its successors and assigns forever. The Grantor,for itself,and its heirs,devisees,legal
representatives, successors and assigns, covenants and agrees that it shall WARRANT AND
FOREVER DEFEND the Property in the quiet and peaceable possession of the Grantee, its
successors and assigns,from all lawful claims whatsoever against any and all persons claiming
by, through or under Grantor, subject only to the lien of real property taxes and assessments,
and to those additional matters("permitted Exceptions")described on Exhibit B attached hereto
and incorporated herein by this reference, and subject to the lien of the Deed of Trust to the
Public Trustee of Weld County, Colorado, for the benefit of Grantee which was recorded on
January 9, 2008, at Reception No. 3528173 of the real property records of Weld County,
Colorado,the lien of which shall not be merged herein,but shall remain an encumbrance on the
Property until released.
This Deed is an absolute conveyance, the Grantor having sold and conveyed,the said
Property to the Grantee for a fair and adequate consideration,such consideration,in addition to
that above recited,being Grantee's covenant not to sue Grantor on account of the covenants and
obligations contained in the above-referenced Deed of Trust and the promissory note secured
thereby.
Grantor declares that this conveyance is freely and fairly made, and that there are no
agreements,oral or written,with respect to said property,except this Deed and except a Deed in
Lieu of Foreclosure Agreement between Grantor and Grantee dated August 9,2012.
***Exempt per CRS 39-13-104
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Signed this Z+ day o is ,2012.
GREELEY PLAZA,LLC,
a Colorado limited liability company
By: Bethesda Real Estate Company,
a Colorado co oration,Manager
By
_fiDana L.Rasic,President
•
STATE OF COLORADO
COUNTY OF (141T 4j-- )ss.
This instrument was acknowledged before me on this,3_day of(7i q,,4Y//4 2012,by
Dana L. Rasic, as President of Bethesda Real Estate Company, a Colorado corporation, the
Manager of Greeley Plaza,LLC,a Colorado limited liability company.
Witness my hand and official seal.
My Commission Expires: 1947 A0,I-5
Notary Pelle
[SEAL)
iNo-,
`"A PUBLIC '
p.
,
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Page 3 of 6
EXHIBIT A
TO SPECIAL WARRANTY DEED
LEGAL DESCRIPTION
Parcel 1
Lots I through 26,Block 44
City of Greeley, together with the North-South alley adjacent to Lots 12 through 23 and the East-West
alley adjacent to Lots 9 through 12,Lots 17 and 18,and Lots 23 through 26,Block 44,
City of Greeley
County of Weld
State of Colorado
Parcel 2
Lots 9 and 10,the North th of Lots I 1 and 12,Lots 13 through 20,
also South th of vacant alley adjacent to Lots 13 through 19,
except the East 5 feet adjacent to Lot 19,
except the West 8.65 feet of the South th of Lot 13,
all in Block 37,
in the City of Greeley,
County of Weld
State of Colorado
Also described as follows:
Parcel 1:
Lots 1 through 26,Block44
City of Greeley, together with the North-South alley adjacent to Lots 12 through 23 and the East-West
alley adjacent to Lots 9 through 12,Lots 17 and 18,and Lots 23 through 26,Block 44,
City of Greeley
County of Weld
State of Colorado
Parcel 2:
Lots 9 and 10,the North IA of Lots I I and 12, all of Lots 13 through 20,
also South th of vacant alley adjacent to Lots 13 through 19,
except the East 5 feet adjacent to Lot 19,and
except the West 8.65 feet of the South th of Lot 13
all in Block 37
in the City of Greeley,according to the Plat thereof recorded September 1970 in Map Book 2,
County of Weld
State of Colorado
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EXHIBIT B
TO SPECIAL WARRANTY DEED
PERMITTED EXCEPTIONS
1. Any water rights or claims or title to water,in,or under the land.
2. Notice of Claim of Improvement Assessment Lien in the amount of$33,122.58,recorded
August 28,2008 at Reception No.3575087. (All amounts due and payable have been
paid.)
3. Notice of Claim of Improvement Assessment Lien in the amount of$28,447.25,recorded
August 28,2008 at Reception No.3575121. (All amounts due and payable have been
paid.)
4. Notice of Claim of Improvement Assessment Lien in the amount of$957.58,recorded
August 28,2008 at Reception No.3575131. (All amounts due and payable have been
paid.)
5. Notice of Claim of Improvement Assessment Lien in the amount of$1,289.01,recorded
August 28,2008 at Reception No,3575132. (All amounts due and payable have been
paid.)
6. Notice of Claim of Improvement Assessment Lien in the amount of$22,610.93,recorded
August 28,2008 at Reception No.3575134. (All amounts due and payable have been
paid.)
7. Notice of Claim of Improvement Assessment Lien in the amount of$19,108.60,recorded
February 23,2009 at Reception No.3606784. (All amounts due and payable have been
paid.)
8. An easement for non-motor vehicle ingress and egress and incidental purposes granted to
Benjamin A.Eckhardt and Dorothy Eckhardt,as set forth in an instrument recorded April
20, 1976 at Reception No. 1686399.
NOTE:Decree of Quiet Title in connection therewith recorded October 2, 1975 at
Reception No. 1671297.
9. Lease by and between Bank One-Colorado,N.A.,formerly known as The Greeley
National Bank of Greeley,Colorado,a National Banking Association,as lessor,and U S
West NewVector Group,Inc.,as lessee,as evidenced by Memorandum of Building
Option and Lease Agreement recorded December I,1995 at Reception No.2465948.
NOTE:Notice of Exercise of Option in connection therewith recorded May 22, 1996 at
Reception No.2492575.
10. Terms,conditions,provisions,obligations and agreements as set forth in the
Memorandum of Agreement recorded October 12,2000 at Reception No.2799928.
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II. Lease by and between Greeley Lincoln Park Properties,LLC,a Colorado limited liability
company,Colorado Recovery Properties Ltd.III,a Colorado limited partnership,and
Robert G.Tointon,an individual,as lessor,and Cricket Colorado Property Company,a
Delaware corporation,as lessee,as evidenced by Memorandum of Lease and Option
recorded October 29,2001 at Reception No.2895471.
12. Terms,conditions,provisions,obligations and agreements as set forth in the Ordinance
No.5,Series of 2002 recorded February 26,2002 at Reception No.2928003,amended by
Ordinance No.8,Series of 2003 recorded February 19,2003 at Reception No.3033543.
13. Terms,conditions,provisions,obligations and agreements as set forth in the City of
Greeley Historic Preservation Commission Certificate of Designation recorded December
30,2002 at Reception No.3019389.
14. Terms,conditions,provisions,obligations and agreements as set forth in the License
Agreement recorded January 9,2008 at Reception No.3528171.
15. The effect of Certificate of Approval,Minor Alteration recorded December 8,2008 at
Reception No.3593608.
16. Oil and Gas Lease recorded December 16,2010 at Reception No.3739356,and any and
all assignments thereof or interests therein.
17. Oil and Gas Lease recorded December 16,2010 at Reception No.3739357,and any and
all assignments thereof or interests therein.
18. Oil and Gas Lease recorded December 16,2010 at Reception No.3739358,and any and
all assignments thereof or interests therein.
19. Any facts,rights,interests or claims that may exist or arise subsequent to the October 31,
2007,and by reason of the following matters disclosed by an ALTA/ACSM survey made
by Drexel Barrell&Co.on October 31,2007,designated Job Number GI613:
(a) encroachment of 2-Story brick building onto caption lands(Lot 26,Block 44)as
delineated on said survey
(b) encroachment of covered concrete dock onto caption lands(Lot 25,Block 44)as
delineated on said survey
(c) encroachment of 2-Story brick building onto caption lands(Lot 20,Block 37)as
delineated on said survey
(d) encroachment of 2-Story brick building onto caption lands(Lot 11,Block 37)as
delineated on said survey
20. Existing leases and tenancies.
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21. Deed of Trust from Greeley Plaza,LLC,a Colorado limited liability company to the
Public Trustee of Weld County for the use of MidFirst Bank,a federally chartered
savings association to secure an indebtedness in the principal sum of$6,500,000.00,and
any other amounts and/or obligations secured thereby,dated January 7,2008 and
recorded January 9,2008 at Reception No.3528173.22. Financing Statement between Greeley Plaza,LLC,as debtor,and MidFirst Bank,as
secured party,recorded January 9,2008 at Reception No.3528174.
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