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Home My WebLink About20121315.tiff RESOLUTION RE: APPROVE LETTER CONCERNING RELEASE OF DEED OF TRUST FOR FORMER GUADALUPE CENTER AND AUTHORIZE CHAIR PRO-TEM TO SIGN WHEREAS,the Board of County Commissioners of Weld County,Colorado,pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County,Colorado,and WHEREAS, the Board has been presented with a Letter Concerning the Release of Deed of Trust for the former Guadalupe Center from the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Greeley/Weld County Housing Authority,to Chicago Title and Trust,and WHEREAS,after review,the Board deems it advisable to approve said letter, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, ex-officio Housing Authority Board, that the Letter Concerning the Release of Deed of Trust for the former Guadalupe Center from the County of Weld, State of Colorado,by and through the Board of County Commissioners of Weld County,on behalf of the Greeley/Weld County Housing Authority, to Chicago Title and Trust be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair Pro-Tem be, and hereby is, authorized to sign said letter. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 30th day of May,A.D.,2012. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO ATTEST: �,� �� - --- Sean P.Coy ay,Chair Weld County Clerk to the Boar. 4g J�1i liam F.Garc ro-Tem BY: �'. . �._ " Deputy Cl:�k to the Boar, , i9S1 ' CUSED p► =ar1ara Kirkmeyer APP'c ►.AS S:MQ.7 0I` `t� J Fo David E. Long 0 torney ,tam Q(( rC'ii ✓ Douglas)2ademac er Date of signature: (,e-off I-/dl \A, (-A 2012-1315 L i'I HA0029 ? % WELD COUNTY ATTORNEY'S OFFICE At \ftl: PHONE: (970) 336-7235 FAX: (970) 352-0242 ' 1150 'O' STREET GREELEY, COLORADO 80632 C. May 7, 2012 COLORADO Liz Greco Chicago Title & Trust 1875 Lawrence, Suite 1300 Denver, CO 80202 Elizabeth.Greco@CTT.com Re: Request for Release of Deed of Trust Dear Ms. Greco: The Weld County Housing Authority has a current deed of trust related to the former Guadalupe Center, 1516 N 25th Avenue Court, Greeley, CO. As per your phone conversation with Assistant County Attorney Bob Choate on May 3, 2012, you indicated that Chicago Title & Trust is willing to request a release of deed of trust from the Weld County Public Trustee's Office, as you are conducting a sale of the Guadalupe Center on May 11, 2012. Zero sums are owed to the Weld County Housing Authority on the basis of the promissory note, which is secured by the deed of trust. Copies of both the deed of trust and the promissory note are attached to this correspondence. The Weld County Housing Authority authorizes the release of this deed of trust. Please feel free to request the release of the deed of trust prior to the sale of the Guadalupe Center. Please contact us with any questions or comments you may have. Respectfully, Bill Garcia Chair Pro Tem, Weld County Housing Authority 2012-1315 A82452612 at o'clock _M., Reception No. ,7J DEED OF TRUST THIS DEED OF TRUST, date �7I), 1994, between CATHOLIC COMMUNITY SERVICES, NORTNERN,a division of Charities and Community Services of the Archdiocese of Denver,Inc.,a Colorado corporation, the grantor herein, whose address is 1311 11th Street, Oreely, CO 80631, and the PUBLIC TRUSTEE of the County of Weld, in the State of olorado. Witasse, u The grantor, to secure a promissory note dated �n 1994, for the total principal sum of Thirty-Pour Thousand Nine Hundred Forty Seven an o/100 dollar. (034,947), payable to the order of the Weld County Housing Authority, the beneficiary herein, whose address is 915 Tenth Street, Greeley, Colorado 80631, after the date thereof, with no interest due thereon and subject to the provisions and conditions for forgiveness as net forth said promissory note, does hereby grant and convey unto said Public Trustee the following described property, situate in the County of Weld, State of Colorado, to wit. The reel property described in the attached Exhibit "A". also known by street and number as 1516 N. 25th Avenue. Greeley, Colorado 80631. TO HAVE AND TO HOLD the same together with all its appurtenances, in trust nevertheless, that in case of default in the payment of said note or any part thereof, or in the performance of any covenants hereinafter set forth, then upon the beneficiary (note holder) filing notice of election and demand for sale, said Public Trustee, after advertising notice of said sale weekly, for not less than four weeks, in some newspaper of general circulation in said County, shall sell said property in the m r provided by law in effect at the time of filing said notice and demand, at public auction for cash, at any proper place designated in the notice of sale. Out of the proceeds of acid sale said Trustee shall retain or pay first all fees, charges and coats and all moneys advanced for taxes, insurance and assessments, or on any prior encumbrance, with interest thereon, and pay the amount due on said note, rendering the o erplus (if any) unto the grantor; and after the expiration of the s of redemption, said Trustee shall execute and deliver to the purchaser a deed to the property cold. The beneficiary may purchase said property or any part thereof et such sale. The grantor covenants that et the time of delivery of these presents, it is seized of said property in fee simple, and that said property is free of encumbrances, except; The grantor also covenants that he will keep all buildings ineured with a company approved by the beneficiary for fire and extended coverage in an amount equal to the unpaid balance of sold note with loss payable to the beneficiary, will deliver a copy of the policy to the beneficiary, and will pay all taxes and as ments against acid property and amounts due o prior cumbra . If grantor shall fail to payinsurance premiums, taxes, or amounts due on prior en cumbrance, the beneficiary may pay the same and all amounts shall become additional indebtedness due hereunder, and in case of foreclosure, the grantor will pay all reasonable attorney's fees incurred by the beneficiary. Should the beneficiary hereunder be made a party to any action affecting this deed of trust or the title to said property, the grantor agrees that all court costs and a reaeonable attorney's fee paid by the beneficiary shall become additional indebtedness due hereunder, and the grantor does hereby release and waive all claims in said property as a homestead exemption or other exemption now or hereafter provided by law. It la agreed that in case of default in payment of said principal or interest or a breach of any of the covenants herein, then said amount hereby secured may at the option of the beneficiary become due and payable at once, anything in said note to the contrary notwithstanding and possession of said property will thereupon be delivered to the beneficiary, and on failure to deliver such possession the beneficiary shall be entitled to a receiver for said property, who may be appointed by any court of competent jurisdiction. Whenever used herein the singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. All of the covenants herein shall be binding upon the respective heirs, personal representatives, successors, and assigns of the parties hereto. Executed the day and year firat above written. CATHOLIC COMMUNITY SERVICES OF THE ARCHDIOCESE OF DENVER, INC., a Colorado Corporation STATE OF COLORADO) I as. j COUNTY OF WELD ) O . (•1 he /µ e�oin9 Sngs"[/r`m Cq/'� s dg before J me this. 888,Y ,'of .♦:C... My Commission Expires My Commission expires Ju i 19 WiEngss my hand and '° 1. la N blic NO. 9230. Rev. 6-85 DEED OF TRUST (Public Trustee) without Due on Sale Clause 6-85 WHEN RECORDED RETURN TO, Weld County loos P-36Clerk/�5/Recorder PG 1 OF 2 0.00 �c 941326 3846943 05/18/2012 11:34 AM Total Pages: 1 Rec Fee:$11.00 Steve Moreno-Clerk and Recorder,Weld County, CO . Original Note and Dccd of Trust Returned to: WHEN RECORDED RETURN TO: Prepare/Received by: REQUEST FOR FULL n /PARTIAL n RELEASE OF DEED OF TRUST AND RELEASE in HOLDER OF THE EVIDENCE OF DEBT WITHOUT PRODUCTION OF EVIDENCE OF DEBT PURSUANT TO 838-39-102(1)(a)AND(3),COLORADO REVISED STATUTES) May 14,2012 Date Catholic Community Services of the Archdiocese of Denver,Inc. Original Grantor(Borrower) 4045 Pecos Sleet,Denver,CO 80211 Current Address of Original Grantor, Assuming Party,or Current Owner nCheck here if current address is unknown The Weld County Housing Authority _ Original Beneficiary(Lender) December 20,1994 Date of Deed of Trust Date of Recording and/or Re-Recording of Deed of August 25,1995 Trust 2452812 and Book 1508,page 365 Recording Information County Rcpt.No.and'or Film No.and/or Book/Page No.and/or Torrens Reg.No. TO THE PUBLIC TRUSTEE OF Weld COUNTY(The County of the Public Trustee who is the appropriate grantee to whom the above Deed of"trust should grant an interest in the property described in the Deed of Trust.) PLEASE EXECUTE AND RECORD A RELEASE OF THE DEED OF TRUST DESCRIBED ABOVE. The indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of Trust has been fully or partially satisfied in regard to the property encumbered by the Deed of Trust as described therein as to a full release or,in the event of a partial release,only that portion of the real property described as: (IF NO LEGAL DESCRIPTION IS LISTED THIS WILL BE DEEMED A FULL RELEASE.) Pursuant to§38-39.102(3),Colorado Revised Statutes,in support of this Request for Release of Deed of Trust,the undersigned,as the holder of the evidence of debt secured by the Deed of Trust described above,or a Title Insurance Company authorized to request the release of a Deed of Trust pursuant to§38-39-102(3)(c),Colorado Revised Statutes,in lieu of the production or exhibition of the original evidence of debt with this Request for Release,certifies as follows: I.The purpose of the Deed of Trust has been fully or partially satisfied. 2 The original evidence of debt is not being exhibited or produced herewith. 3. It is one of the following entities(check applicable box): a. ❑The holder of the original evidence of debt that is a qualified holder,as specified in§38-39.102(3)(a),Colorado Revised Statutes,that agrees that it is obligated to indemnify the Public Trustee for any and all damages,costs,liabilities,and reasonable attorney fees incurred as a result of the action of the Public Trustee taken in accordance with this Request for Release; b. ❑The holder of the evidence of debt requesting the release of a Deed of Trust without producing or exhibiting the original evidence of debt that delivers to the Public Trustee a Corporate Surety Bond as specified in§38-39-102(3)(b),Colorado Revised Statutes;or c. ©A Title Insurance Company licensed and qualiled in Colorado,as syei.ified in§38-39-102(3)(c),Colorado Revised Statutes,that agrees that it is obligated to indemnify the Public Trustee pursuant to statute as a result of the action of the Public Trustee taken in accordance with this Request for Release and that has caused the indebtedness secured by the Deed of Trust to be satisfied in full,or in the case of a Partial Release,to the extent required by the bolder of the indebtedness. Chicago Title of Colorado,Inc.,1875 Lawrence,Suite I300,Denver,CO 80202 Name and Address of the Current Holder of the Evidence of Debt Secured by Deed of Trust(Lender) or name and address of the Title Insurance Company Authorized to Request the Release of a Deed of Trust Elizabeth M.Greco,Vice President Name.Title and Address f tfieer-Agent,or Attorney of the Holder of the Evidence of Debt Secured by Deed of Trust(balder) r \ Signature Signature MARTHA A. MUNOZ State of Colorado _ ,County of Denver Notary Pi h The foregoing Request for Release was acknowledged before ' State of olorodo me on May 14,2012 (date)by' Elizabeth M.Greco,Vice President of Chicago Title of Colorado,It Ny Commission-Dolt Nevem t 29,2016 le/2 //S Date Commission Expires 7_/� . f�L-- "i(rppbable,insert tale of officer and came of current holder N Public Witness ray hand cis al RELEASE OF DEED OF TRUST WHEREAS,the Grantor(s)named above,by Deed of Trust,granted certain real property described in the 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;and WHEREAS,the indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of Trust has been fully or partially satisfied according to the written request of the holder of the evidence of debt or Title insurance Company authorized to request the release of the Deed of Trust NOW THEREFORE,in consideration of the premis-. der. t of the statutory stun,receipt of which is hereby nitric Public Trustee in the County named above,do hereby j� ! 1 ... -rcel an .. 1 ems• on ofthe rut property described above in the Deed of Trust tog-;n y%Tt T-..n, _ a ongiftg. • 'c Trustee -� Date Melinda II-gen May 1k 2012 Susie Vetasques Deputy Public Trustee Dare (if applicable,Name and Address of Person Creating New Leg l J crryirant?Required by 38-35-1065,Colorado Revised Slaaaet.) 0 2009 CPTA. All Rights reserved. Rev.09/09 Debbie Heffel From: Bob Choate Sent: Tuesday, May 22, 2012 3:36 PM To: CTB Subject: Housing Authority Agenda Item May 30 Attachments: Release of Deed by Chicago Title.pdf; 5-10-12 Letter.pdf Resolution authorizing Commissioner Garcia to send a letter to Chicago Title and Trust for the purpose of releasing a deed of trust. (Letter was signed and mailed earlier in May). Thanks! Bob Choate Assistant Weld County Attorney 1150 "O" Street P.O. Box 758 Greeley, Colorado 80632 Tel: 970-356-4000 ext 4393 Fax: 970-352-0242 Email: bchoateco.weld.co.us - LP P. STATEMENT OF CONFIDENTIALITY & DISCLAIMER: The information contained in this email message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this email is strictly prohibited. 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