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Home My WebLink About750802.tiff ar , • • ? _ ,I `® OFFICE OF THE PLANNING COMMISSION Gary Z. Fortner kW` VIS (yaa 46)(M fir .,� < PLANNING DIRECTOF �t ��`> PHONE (3031 353-2212 EXT. 227, 22) II ® 1516 HOSPITAL ROA( GREELEY,COLORADO 8063 • COLORADO July 30, 1975 Mr. William Dutcher Rt. 1 , 2895 Appaloosa Street Brighton, Colorado 80601 Dear Mr. Dutcher: Enclosed please find a refund check in the amount of $25.00. This is a refund of a Conditional Use Permit application fee. This office has received your recorded exemption resolution. However, our records do not show that the $4.00 recording fee ($2.00 per page) has been paid. Please submit this to the Weld County Clerk and Recorder at your earliest convenience, so that we may get this recorded. Sincerel 6A/LAA-1 , LgC _ Anne Moore Zoning Inspector jsm 95D WC IL /t9.5 WELD COUNTY COMMISSIONERS VICTOR JACOBUCC GLENN K. BILLING; ROY MOSEF OFFICE OF THE PLANNING COMMISSIC 1:-,_,`,_ A-3r,9c n Gary Z. Fortner MiNotxJ&UxYW➢1 .. V' - PLANNING DIRECT( ...at. PHONE (303) 353-2212 EXT. 227, 'e }t} 1516 HOSPITAL ROd Ar" y' ® GREELEY,COLORADO 806 COLORADO June 26, 1975 Mr. Duane Lebsack Double Eagle Properties 432 Link Lane Fort Collins, Colorado 80521 Re: Recorded Exemption Guideline William Dutcher Properties Dear Mr. Lebsack: In reference to our discussion on June 24, 1975, with yourself and Mr. Dutcher and later telephone conversations, the following dis- cussion will reiterate the findings and alternatives available. Research was completed by this office on the property of Mr. Wesner and Mr. Loy located in part of the NE1 of Section 6, T7N, R67W of the 6th P. M. , Weld County, Colorado. This research indicated that division of the property in question was not in compliance with the Weld County Subdivision Regulations. This matter was then discussed by the Planning staff and a representative from the County Attorney's Office to determine the status under the purvue of county and state regulations. To divide the original forty acres into two tracts, it will be necessary for the owner of the tract to apply for a Recorded Exemption under Section 9 of the Weld County Subdivision Regulations. Unless this is approved by the Board of County Commissioners, division of the property would be in violation of the Weld County Subdivision Regulations as well as Colorado Statute. So long as such violation exists, we cannot issue building permits on the parcel (s) in question. Attached, please find the procedural guidelines for application for Recorded Exemption. The items necessary to complete a file for a Recorded Exemption would be items (B) and (D). Prior to the Recorded Exemption being submitted, a Lot Size Variance must be approved by the Board of County Commissioners. This variance would exempt the forty-acre tract from Agricultural minimum lot size requirements so the Recorded Exemption could be heard. WELD COUNTY COMMISSIONEF VICTOR JACOBUC GLENN K. BILLIN' ROY R1OSI AO Mr. Duane Lebsack June 25, 1975 Page 2 If you have any further questions please contact this office. Very y yours ‘„ omas E. Honn Zoning Administrator jsm attachments cc: William Dutcher Rt. 1 , 2895 Appaloosa Street Brighton, Colorado 80601 o APPEAL TO THE BOARD OF ADJUSTMENT Weld County Planning Department Services Building ,Greeley , Colo Case Number : Date of Filing : Processing Fee : FOR PLANNING DEPARTMENT USE ONLY Sec : TWP Range LAND CT: T : S : 1/4 : KEY : SUB/DIV CODE : _. SUB : BLK: LOT KEY : * FILL OUT COMPLETELY APPEAL JS 'HEREBY MADE TO THE BOARD OF ADJUSTMENT OF THE COUNTY OF WELD , FOR THE FOLLOWING REASONS : (.Check one ) To correct an administrative error fm- enforcement : 4O To allow a special . exception or conditional permit : . To grant a variance due to practical diflicuifTes or undue hardship : 4 . To permit the extension of a non-conforming use : On premises located ( Description of the property ) //"/,LC znv y Liis-fj LW /941)//r—art.' 4/ —%y'eN /c" £0 ,&cc4 - /16 %1 se-t- o T .z/✓ 'ea 7 Al The special conditions , practical difficulties , or undue hardships beliv to justify this appeal are as follows : 5//" 4a zi:-S ,1/295 5/7j,i U//1 e:c c T )7r-_-_ 2 '..,/d7 C /49,✓`>'_S �5 c 5 i.daze/_' fet9zt.*f/ zzitt/< 7 /r/gt> 4Ji tt/:--, ere/?-,9-//o.27 Accompaning drawings and specifications for this appeal may be placed on reverse side . Information sheet on reverse side . I hereby depose and state under the penalties of perjury that all statements , proposals and plans submitted within this application are true and correct to the best of my knowledge . Respectfully Submitted this day //f) /-2 , 19 73— . 95/- 4/90 6 4,01- _ Signature ppe ant ‘37/6S 3 -/eb ._ ( Telephone No . ) /e7/ 2Sf2 ,3 /o& _43,9S% ( Mailing Address £e o,./7/ �J zky c O/o s' o ( Town and State ) Subscribed ano sworn to before me this /2,-- day of 7. 19 2 SEAL L'/C 6r' .I / r��/i/i NOTARY PUBtiff My commission expires : My Commission expires August 12, 1978 BOARD O F ADJUSTMENT INFORMATION SHEET FEES: FOR VARIANCES RELATING TO LAND USE A FEE OF $25.00 IS REQUIRED. FOR VARIANCES RELATING TO LOT SIZE, SET-HACKS, OR LOT FRONTAGE A FEE OF $15.00 IS REQUIRED. THE FEE IS CHARGE TO COVER COST OF ADVERTISING AND PROCESSING. FEES ARE NOT RETURNED IF THE VARIANCE IS DENIED. TIME REQUIREMENT: APPLICATIONS MUST BE COMPLETED AND CHECKED 10 DAYS PRIOR TO THE BOARD OF ADJUSTMENT MEETING TO ALLOW TIME FOR ADVERTI3MENT AND FIELD CHECK. NOTIFICATION: ALL LAND OWNERS WITHIN 500 FEET OF THE LEGAL DESCRIPTION OF THE PROPERTY ON WHICH THE VARIANCE IS REQUESTED ARE NOTIFIED BY - MAIL INFORMING THEM OF THE TIME AND PLACE OF THE BOARD OF ADJUSTMENT HEARING AND THE NATURE OF THE APPLICATION. TEE ADJACENT LAND OWNERS HAVE THE OPPORTUNITY AT THE REARING TO BE HEARD CONCERNING THE REQUESTED VARIANCE. • • CONDITIONAL USE PERMIT APPLICATION Weld County Planning Commission Services Building , Greeley , Colo . FOR PLANNING DEPARTMENT USE ONLY : CASE NUMBER : c_c(7 // . 7s:: 3 PC HEARING DATE : 7- t -7s SEC : TWP : RANGE : CC HEARING DATE : LAND CODE : T : S : 1/4 : KEY : SUB/DIV CODE : SUB : BLK : LOT : KEY : REFER TO : PERMIT FEE : ;cc 1) p;-� ...._C , " ' ,_DATE : APP . CHECKED BY ti„(7,,L & '/- 7 t.,yr 2 ) Co c> DATE : 61/47/75 RECEIPT NO . 7c/ , 5- ,�� - 7S 3 �� C DATE : 6/� � " LEGAL DESC , APPRVL : 4 ) i 'Sore./ 'DATE : TO BE COMPLETED BY APPLICANT IN ACCORDANCE WITH PROCEDURAL GUIDE RE- QUIREMENTS : Print or type only , except for necessary signatures : I , (we ) the undersigned hereby request a hearing before the Weld County Planning Commission concerning a proposed Conditional Use Permit for the following described unincorporated area of Weld County : LEGAL DESCRIPTION of contiguous property owned upon which Conditional Use Permit is proposed : LEGAL DESCRIPTION OF CONDITIONAL USE PERMIT AREA : /(/ic 71/ Sec. 6 , T"1/L', ,e% '3j'ir/ taciel CDa,/ 5/ STREET LOCATION : ZONE PROPOSED USE : s,,v6u: ,crn njiti A/irofli,fs -> r fi,3int#.Y�di ZrAx4i REASON : FEE OWNERS OF AREA PROPOSED FOR CONDITIONAL USE : NAME ' 1': ?;: �� 't �;�-1/ ADDRESS : _ t e< TEL NAME : ADDRESS : ou , c ' , TEL : cl`,l NAME : ADDRESS : / - ,TEL : i I hereby depose and state under the penalities of perjury that all state- ments , proposals and/or plans submitted with or contained within this application are true and correct to the best of my knowledge . COUNTY OF WELD STATE OF COLORADO ) Signature : w er or ut orized gent Subscribed and sworn to before me this /2- day of `177�c.c. , 19 7c . Y UB IC SEAL r s A g,,st 12, i );3 My Commission Expires : LEGAL DESCRIPTION OF A tract of land located in the NE 1/4 of Section 6, T7N, R67W, of the 6th P.M. , Weld County, Colorado, being more particularly described as follows: Considering the north line of the NE 1/4 of said Section 6 as bearing S 87° 47' 35" W and with all bearings contained herein relative thereto : Commencing at the NE Corner of said Section 6, thence along the said north line, S 87° 47 ' 35" W, 1421 .87 to the True Point of Beginning . Thence, S 00° 25 ' 06" E, 726.35 feet; thence, N 87° 47' 35" E, 300.00 feet; thence, S 00° 25 ' 06" E, 843.45 feet; thence, S 86° 58' 21 " W, 188.62 feet; thence, S 00° 00' 00" W, 134.05 feet; thence, S 87° 07' 44" W, 844.96 feet; thence, N 00° 25' 06" W, 1 ,716.32 feet to a point on the north line of the NE 1/4 of the said Section 6; thence, along the said north line, N 87° 47' 35" E, 734.09 feet to the True Point of Beginning. The above described tract contains 35.000 acres and is subject to all easements and rights-of-way now on record and a 30 foot county road on the north boundary. The Surveyor has performed no further easement or rights-of-way search. All Public Land Survey Monuuments are on record with the Colorado State Board of Professional Engineers and Land Surveyors. SURVEYOR'S CERTIFICATE I, Gary L. Boyack, do hereby certify that the above legal description was prepared under my personal supervision this 6 {4 day of ma , 1975, and is correct to the best of my knowledge. matt_ ,,c5:9(24+- 74 ., Gary LfBoyackPRegistered Land Surveyor / Colorado Reg. No. 10858 I CONs,2:T: .., 1:ICI-.L.S FORT C':!INS, CO.C'.: 2 Tcuenr Dy ale r lQ $eeLnnw 4.1,:t� JOe o 399_:4/1 ..C..u(v _ C ' ______....-J Permit No. Landowner of Record ___ -- _ APPLICATION FOR WELD COUNTY BUILDING PERMIT • Total Fees Date • Owner _ Address _.- __ _-- Phone Contractor __ __ Address _.__ _.__ _ Phone -_ ❑ Residence 0 Garage ❑ Other Valuation ❑ New Construction ❑ Remodel ❑ Addition ❑ Move In Stories Rooms Type of Construction Area: Main Floor sq. ft. 2nd Story sq. ft. Garage SC Garden level finished sq. ft. Garden level unfinished sq. ft. Basement finished sq. ft. Basement unfinished sq. ft. Patio slab _sq. ft_ Patio cover__ .__sq. ft. Balconies Sc Fireplace—built-in Fireplace--prefab \ddress of Proposed Building f tfpLegal Description of Property it_/• . Q _I (,C7 . • Frontage of Lot AD Area of Lot Zone• Set Backs: Front Right Side _-_ Left Side Rear Frontage on Public Street or Road Name or No. _ Sanitation Permit • Remarks: Electrical Permit '• Plans drawn to scale should be furnished with application. Plans shall include a front elevation, foundation plan, floor plan, e tion through the building showing construction details, and a vicinity plan. Uniform Building Code • Section 402 fl) Expiration. Every permit issued hy the Building Official under the provisic.na of this Cede shall expire by limitation d become nu void. if the building eir work authorized by such p,nrh .not commenced within 00 days from the dot, of such Permit. oe if die budding or wcrkautl by such permit is suspended or abandoned at any time fl the k is commenced fur a period of 120 days. Before h work can he recommenced, permit shall be first chinned to do so, and the fee therefor shall bo c B u ehalf the amount nsuel for a new permit for sum work. provided no change: been made or will be made in the original plans and specifications for such work; and provided, further, that such supension or abandonment has not ex one ear. ( onslrurl loll as per approved plans_ Contractors shall notify the hurlding iuspet tor at least forty-eight (IA) boors in ad)tore for the following inspections: (1) I ! IA'GS LEI'ORE POURING, 12) 11AsEmENT FOt'NlbA IONS BEFORE Itncl:l-II,LING nil rl :AJul. IIEFORE DRYWALL t:3At Stale baectricol and (kit) Weld County Health Dep;lrtment. I'lunihing rough-in before drywall. t-1) FINAL and shall r t approval before pnateeding vvitlr the jolt Phone 35J-2212, Ext. 227. 1 A hereby certify that the above information is correct and agree to construct this building in accordance with the building plans and specifications submitted herewith, and in strict compliance with all the provisions of the Zoning Ordir Building Code, Electrical Code, and Health and Plumbing Regulations of the County of Weld and State of Colorado. I ' Owner/Agent 4 ' . OFFICE iV' THE WELD COUNTY PLANNINGCC?MMISSION ` — Building Permit — COUNTY SERV—ES BUILDING game-., GREELEY, 30631 -_ - 7 PH. . 353-2212 i ., No. y IMPORTANT — Complete All Items. Mark boxes where applicable. . , �. z a .ADDRESS - Lot Block Census tract SUBDIVISION - - CO. ROAD NO. `J,,. LEGAL DESCRIPTION Hr Section_ , T / , S., R. ' W. Zoning District - Distance from Lot Lines: N , S , E ,W II. TYPE AND COST OF BUILDING — All applicants complete Parts A — D Attach Detailed Plans A. TYPE OF IMPROVEMENT/. D. PROPOSED USE — For "Wrecking" most recentr use 1 0 New building , • '' ` Residential 'Nonresidential2 0 Addition (If residential, enter num- ber of new housing units added, if 12E7One family 21 ❑Amusement, recreational any, in Part D, 13) 13 0 Two or more family — Enter number of units 22 0 Church, other religious -. + 3 0 Alteration (See 2 above) .. 23 0 Industrial 4 0 Repair, replacement 14 0 Transient hotel, motel, .7„....- 24 0 Parking garage . f or dormitory — Enter number 25 0 Service station, repair garage 5 0 Wrecking (If multifamily residential, of units enter number of units in building in 26 Hospital, institutional Part O, 13) 15,p Garage -- Single ❑ Double . 27 0 Office, bank, professional 6 O Moving (relocation) '/ Attached/0. Detached 0 28 0 Public utility 29 0 School, library, other educational 7 0 Foundation only 16 ❑Carport 17•G1 Patio — Attached 0 Detached L7 30 0 Stores, R. OWNERSHIP 31 00 Tanks, towers mercantile ` 18 0 Basement' Yes 0 No 0. 32 0 Retaining wall 0 Fence i 0 Private (individual, corporation, non- Partial 0 'Full 0 - 33 0 Basement Yes 0 No 0 F profit institution, etc.) 19 0 Retaining wall ❑Fence Partial 0 Full ❑ • ,, 9 0 Public (Federal State, or 1 • 34 0 Other — Specify \ J al government) 20 ❑Other Specify`/. ' - , 1" -}CAST (Omit cents) ' Nonresidentia - Describe in detail proposed use of buildings 'e:g.)..food 1 '$ processing pl , machine shop, laundry building at hospital, elementary "i " `i°Cost of improvement '`- _. school ry school, college, parochial school, parking garage for be installed but not included m t 9t re, rental office building, office building at industrial plant. in the above cost If Lista o ,-/ ng building is being changed, enter proposed use. e. Electrical / \ i ry. b. Plummbingbing - - ,f c. Heating, air conditioning • d. Other (elevator, etc.) ✓ ,—t-- 11. TOTAL COST OF IMPROVEMENT _ C J. DIMENSIONS • E. PRINCIPAL TYPE OF FRAME G. TYPE OF SEWAGE DISPOSAL • '52 Number of stories y" J 35 0 Masonry (wall bearing) 46 0 Public or private company 53 Total square feet of floor 36 0 Wood frame 47 0 Individual (septic area, all floors, based on ex. � A' 37 O Structural steel tank, etc.) tenor dimensions �`�. l 38 0 Reinforced concrete NAME: - - 54 Dimensions -_, 39 0 Brick veneer H. TYPE OF WATER SUPPLY 55 Total land area, sq. ft. . SIC'40 0 Other Specify_ 48 0 Public or private company K. NUMBER OF OFF-STREET I 49 0 Individual (well, cistern)' PARKING SPACES F. PRINCIPAL TYPE OF HEATING 56 Enclosed FUEL NAME: ' I. TYPE OF MECHANICAL 57 Outdoors--- 41 0 Gas 42 ❑Oil ' Will there be central air- L. RESIDENTIAL BUILDINGS conditioning? ONLY' 43 0 Electricity .. 44 El Coat i 50 0 Yes 50a 0 No 58 Number of bedrooms - ) Partial 45 0 Other -- Specify.' - Will there be an elevator? 59 Number of S —• -'-,"-- , _______ 51 El Yes Sla,❑No bathrooms /1 Full — NOTICE The applicant, his agents and employees shall comply with all the rules, regulations, restrictions and requirements of the Weld County Zoning Regulations and the Uniform Building Code governing location,construction and erection of the hereinabove proposed structure for which the permit is granted. Violation of any of the rules or regulations applicable may result in the revocation of this permit. The Building Inspector or his agents are authorized to order the immediate cessation of construction at any time a violation of the rules and regulations appears to have occurred. The applicant isvarious required to call for inspection at stages of the completion of the construction and in accordance with the aforesaid rule, the applicant shall give the Building Inspector not less than one day's notice to perform such inspection. " In the event construction is not commenced within 60 days of the issuance of this permit, then the same is automatically void and of no further fp',r' in effect. Cessation of work for a period of 120 continuous days shall cause the permit herein issued to be void. Signature of applicant Address _ Application date ' ( 1, • - - - OFFICE USE ' FEES: INSPECTIONS: Approved Date `` / by Building permit Footing —. Approved by• - i Waterproofing Receipt No. _j,. - " - • • Plumbing ____ _ __.-TOTAL , ' Framing Final 1 Building Dept. White 2 Applicant Pink 3 Assessor Yellow 4 Inspector's Green n r ` I ` 4' .9 AI Z , CO It-,- 0Ng al er-- .it#►'i b 6---. .--- ------►-� 2L 11'. �--4---- 1.11- "----1-- --I .44.-----tr. i T \ i -1, ,,..\ N Gi . i— I • i 0 I ), • 4+ , u.) -1,_ on i_ S z a v to w "I- .s !- d ... . 0 V. ' N Z Z 4 - G4 Z N C ul r(iiw w �` 4. o Ili ct, 4-N o ,ZL'ttI O b ,St'5tS 4 � • ,iri'TirC M i,.o ,00,OO.S o N w b ,ZL Il1 ii' r 3 �N,+ O CA ,S • C O W iii O 4. 0 O t0 1 Cn (1.1 V 1 J i, CO Z CO $ MQ ry O • CO f1: 'GO." 'd Wt.' 4 1' C.: "-Ir. mg rr -, • >, U O •r4 ..: 1! ': a. J .t) a-' O O •74 O O ✓ :' e :%. .--- ''. . U 3 � . [. 'V S4 .C: C I I- - cJ ,+ c;, C ;dl u ra. Q r; " •rl U p ,3 :3 O -+•r r • T - +" • T ....j G .O• F .• 4.J la; ,c. n 1, . N , N r 1 . r., .••• ....... rs-- .7 ..—i ej �: ._ ,d s o -Sil'kJ° i t:IN-4XT, aNT A e.,•#t 4,-. N' -"us- \44-10t4 ,:- ierw ' TT- : It R, L0`'A ,��':` of 4i- ' - i s J . 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R3 rm-ifi:.: Lis:--..t•-• t .. 1 f s �� := r III "^t' `\!�' :r' • t,r -'{1� .r• '� • it Z O p a cc O a it co m O Tr o 0 N M a /�) NOM 0 W -co a mro O l d o !`t _o`M w /� U M CO W cc noO W r� 0 V >,- d< a co CO W m o M 4) o m0 as U Lo ti M m CO o V c mroo c /7 O `! ,v zo-� oc V a a w O 3LLr ON O Lim N9 Q CD �/)� a . N V� CO O C m': NKO . L O C O 0 U W -CO O Oro O � O a=m g)c 3_ J t- CO m N J¢�N ` am ILI 0` U F NOM « Oa a a�N O N N_„ o � �o 'L aka°O� metro _a 0 N N c C N O NO L O U a "Iii 1••• O• a CO O C° N • y t U C c CO co W 2 D� N Yn aO ro m s. gcoc- O J O m a 0ONo }I a O NN O Q N CJ CCO CO °W CO C ° i°v LL9a O N C � O _W N A O N N O m V nuirrnm lirmirrnirrpnwirrirmrmirno I © Boise Cascade Homes the Jamestown • Double-door raised entry • Traffic-free living room • Spacious kitchen, abundant 27'5"x54' counter space • Walk-in pantry • Large dining area with built-in desk • Big Master 1481 SQ. FT. bedroom has private bath with double sink, 3 BEDROOMS vanity and shower. 13/4 BATHS lJ / I IIIIM r ALTERNATE BASEMENT IIIII 'OLAV O STAIR LOCATION (((;;; S E.ill UTIL. - _ 3E_ — —— ID n k H BEDROOM 3 0� _ I KITCHEN DINING— I en=o'z9z7 BATH I I _oox 100 to-o'z 1!'2 aa f I� _ O I0 VIIIIEIII IGJI'',nrI INII�Ip18Afld U L_Ij `. DRESSING PANTRY _ ROOM I A RAN IIMIMI SIDE AGE O I'�I iIIIIII I!�IIII II --I D H RAISED L------— \ ____ _ .--_ ENTRY LIVING R 0 0 M L r 1 BEDROOM 2 MASTER BEDROOM li9KI&-ID' le-a x li-z jI. O __ = =__ @ 1975 BOISE CASCADE CORPOHATION the Jamestown I, 1.,. it VI .r. li STRATFORD SERIES standard features • Dual glazed sliding aluminum windows, • Resilient floor covering on all other with screens floors • Large 52-gallon glass-lined electric • Semi-gloss interior latex enamel water heater • Plastic laminate counter tops • Double bowl stainless steel kitchen sink • Bird and Son Wind Seal shingles • Ceramic tile around tub with shower • Taylor insulated metal entrance doors • American Standard bathroom fixtures • Handsome Kwikset Grecian design hardware • Gold Bond electric radiant ceiling heating system • Beautiful, durable pre-finished kitchen cabinets • Built-in Hotpoint electric range, hood and fan • Moen "Chateau" series single lever water faucets • Outside weather-proof electrical outlet with ground fault interrupterFreeze-proof exterior hose faucets • Decorator lighting fixtures for that • Adjustable linen shelving final touch of elegance • Metal bi-fold closet doors • Ceiling of Light in kitchen • Vanity and medicine cabinet • Insulated walls, floors and ceilings • Smoke detector warning device • Hollytex nylon shag carpet in living room, dining room, family room, • Full one-year warranty on all materials. bedrooms and hall and workmanship STRATFORD SERIES options • Gas or electric forced air heat • Vent-A-Matic power ventilating attic fan • Gas water heater thermostatically controlled • Fireplace • Hotpoint refrigerator, dishwasher, • Hand split shake roof washer, dryer • Garages/carports • Garbage disposal Boise Cascade reserves the right to change specifications and options, alter floor plans and exterior designs and adjust prices without notice. I/75 May 9 , 1975 TO : Weld County Planning Commission RE : Conditional Use Permit Application Please find attached all required forms and information as specified in the procedures for applying for a Conditional Use Permit . I plan to erect a modular single family dwelling and farm the 35 acres . The 3S acres were split off of an 80 acre plot before the zoning changes were in effect . The farming operation will be primarily hay and pasture and a small sheep flock . The soil survey and study form has been submitted to the Soil Conservation District in Greely . The information on the study will be forwarded to your office . Thank you for your consideration. W. R. Dutcher e r NAME William Dutcher FEE $25.00 pd CUP # 285:75:12 C,tAP#II CONDITIONAL TYPE OF - USE Single Family Residence BY DATE APPLICATION CHECKED BY ZONING INSPECTOR FILE ASSEMBLED 6/4/75 LEGAL DESCRIPTION CHECKED BY CO . ATTORNEY AIRPHOTO VICINITY MAP PREPARED SURROUNDING OWNER' S NAMES PLANNING COMMISSION HEARING DATE SET 6/4/75 OTHER AGENCIES NOTIFIED `'r4IIS SOILS REPORT 5/16/75 WATER CONTRACT OR LETTER OF INTENT COPY OF APPLICATION TO COMMISSIONERS OFFICE FOR PUBLICATION COUNTY COMMISSIONERS HEARING DATE SET FIELD CHECK STAFF REPORT PLANNING COMMISSION HEARING 7/1 /75 _ PLANNING COMMISSION RFSOLUTION COUNTY ATTORNEY CHECK RESOLUTION & LEGAL NOTIFICATION OF SURROUNDING OWNERS BY CERTIFIED MAIL _.� COUNTY COMMISSIONER ' S HEARING - COUNTY COMMISSIONER ' S RESOLUTION I PLANNING COMMISSION MINUTES _) PLANNING COMMISSION DECISION (APPROVED - DENIED - TABLED) COMMENTS AND ACTION TAKEN _ .✓ti'C- LC-C C, • � �tcLD� CbliNf y; [j' e:OJI.O R'AD,O) WELD COUNTY PLANNING COMMISSION WELD COUNTY SERVICES/? BUILDING To Whom it May Concern : Enclosed is an application for a Conditional Use Permit and plot plan from William Dutcher Which will be heard before the Weld County Planning Commission in July 1975 If you have any comments or suggestions , may we hear June 23, 1975 from you before xgplxmxpkomiymdaite . Thank you . Sincerely , Thomas E. Honn � Zoning Administrator TEH/lj Enclosures • CUP # 11 :75:3 LOCATION Pt NEa Sec 6 T7 R67 Agenda Date July 1975 Date June 9, 1975 RE : Conditional Use Permit The William Dutcher request for. a single family residence ( does ) (trs=Wt) meet with the requirements for a Conditional Use Permit and the standards of the Colorado Department of Health , Water Pollution Control Division . The Weld County Environmental Health Services recommends that this request be (approved ) ( disappruved ) . Remarks : Yours truly , oi-A-vQ Env onmental He lth Services Please return by June 23, 1975. Thank you. OfELD COUNTY HEALTH DEPARTM 1516 Hospital Rood Greeley, Colorado PERMIT NO. ______oci e Ph. E53-0540 Application for permit Ito Install, Construct, on Individual Sewage Disposal System. rs .Owne it//!!_7J /1F>c ---Address /_dioS/ ./3 - :-CoaPhone59-603‘..5; Direction t//o//site: Hwy Rd._ _ ___N mi., E2.mi., S_mi., W mi._d7/r�/nll � /✓ A41V"/�—o2 1 I A — 4 fn /2-1 -`- :mac, ..5A er7CA1 / / / Legal Description: Ptn_.— f_ Sec. Z, , TZN, ROW Subdiv. Lot Blk General Information Dept. Use Only No. Bedrooms c7 No. Persons '7` Perc. Rate (Avg. of 3) No. Baths ot, Basement Plumbing_ --/V/77 Soil Type YP Size of Lot r_3,5-airA H2O Table Depth H2O supply (if well give depth) /A ZC/,//,,1 Lot Grade New Home 1. Mobile Home Modular Add'n Requires Engineer Design Yes No Type of sewage disposal requested: If yes — reason_ Septic" tank_—Privy Other Comments: Installation Instructions: (Minimum Requirements) Septic Tank Gals. Absorption Trenches Sq. Ft. Other or Seepage bed Sq. Ft. Special Instructions This system will be constructed and installed in accordance with the above specifications and regulations re- garding individual sewage disposal systems in Weld County, Colorado This permit shall expire at the same time as the building permit, or, if no building p rmit is issued, the permit shall expire 120 days after its issuance, if construction has not been comme /J Dote:_-- �y !�s_ c2 3 7 — Owner: • 7hIJ/ Applicants / . -ze �', The plans and specifications ns shown are approved pending pay `ent o er ' tee. Date: . Sanitarian The above system inspected and found to comply with plan and description. Systems Contractor: Date: - Sanitarian: —_ Engineer Review: — (Dote) (Signature) Permit Fee: S_oy _.n0_ —._— Received by: 41:7-6,..4a2.44(7-1- / fir__ Date: 12_,2_t _-_72 ___-- • WELICOUNTY COLORADO •••••• For Action To Date June 23 , 1975 f Planning Commission For Info To Your Action Or Reply Is Required .. Subject Dutcher C.U. P. On Or Before At this time it appears this request would not cuase any engineering problems . Access to this property will be handled when and if a building permit request is granted .gag/V.\-- G man E . Olson Engineering Department • 6, -- 7— C.-7 4 . 6(, rd 3 7 (//r.-4- .nvvc C2--c-f.--• / /j/ E/.2i..c-4 51 /[ 0'157¢lo32i r 1:--/ed/ 7 /-- Lou z x G+/TJ- l It e,e 2 140Y /c z 3 15 2333 .- y} / 1 / _/ / `/ .� ,J /oO�D to � f/..,(4-41 _1t� OK ..y.,,..,_ C. K iT'-G-e,c L/H.. �` 2e,1/47,-t; ) S2s5 .S , d J b 0 s 1, 7. H - CC -P/!ren-e-t . •a // /- • -c-ina. >17 at..- Qe - •. Uri Voir h l&i H ,l. - -,t." tat(-G o' 7.. 3Skz,Ii , e / )ic,,�-ci.s. 4 Lc) S'3 / ,/czca-c. II *F 4llo4-72.3fo �� w s / 2-3 &6)6 - . 1, /, / 99 4 �c .. w / i/..�c�a-i._c, r h1<,/, /-<<.vc.. a. /a�-o x- /7 J /11, i 4//,.... 60767904 & /6 4-.v 77;4J-cc- li 2 /50)( /.77 #- 15,53 322.:cD icie fi./,_,:--,- 3 47/ SsAi /9/ 4 •S rce_z-014'4', 11.00( q 2,70 gel 2O ? ii )77 �/co<s- i f Pz 71 (,,,//„._ ., 6; 3 6/D to 02 .o /3 $lof /33 /i fit-tc4, .ce-4 a;c a 6 C v//a-cu-„/ 12c,E . / ,� '/¢3(067(O Fa,/ �// .� / 11151142 / �/ r\/- y/ b 7( 4 y/ 6 Y j 0_ J 2 it/.- vii._/ / y C i l ox �3�� 7 4a9fi Z�U �� 4 i 3 07B, -z 33 e . �LL{�.,qq 41,i57/} ;r Cle,-n. el.-4 Ale el. X r 6J ac 15055'74- G_eZf 4/L-.., S 2 r toc7 3 (,/ 7 id / S41 /4/3 4 '7'It . �G._.1ec, r CG.,�,.,, q 3 2 21 f ht.,,.('/,�, J3 (0/ 3 l� rosy,{ /S� n /i )7? 0€41 et:a,�re w a %...Get eC.a.�,c '173,S- { I fl/ // c,J (L JZ 6 12 IP l' .50-, /3‘9 al<JL , yc ii, Aleci, y ??37 St, SI i /c27 /-en/Z- -5 6z r It 76-4 6chj L ,� 6) v dck_e)(t,7 )) fAA iS,“ 7-7a2/ c-O//ct� - - II 4 C _ ac. , -3i - 2%osb Lar At) 'brew 34 . tbestver Sce t9c 1404.723CIP I • BOARD OF DIRECTORSPRESIDENT ERNEST TIGGES. PRESIDENT : NORTH WELD COUNTY WATER DISTRICT ��- ALEX HEIDENREICH. 1ST VICE PRES. ROBERT ALKIRE. 2ND VICE PRES. n�� 4. HIGHWAY 85 LUCERNE, COLORADO 80646 M. C. WIDMAIER. TREASURER Ili 1' I I'".a TOM REED. SECRETARY '.W" -„ Fn.tN9FR9lx•XkToxx Lyle D. Nelson P.O. BOX 56 - PHONE 356-3020 May 6, 1975 TO WHOM IT MAY CONCERN; The North Weld County Water District will serve water from its distribution system.. t odijDArcel of land owned by Bill & LaRue Dutcher in the NEa of Section 6-T7N-R 67 W •Laia County Colorado, 35 acres total providing all rules and regulation of the District are met and tap fee is paid at current price at the time of application. THE NORTH WELD COUNTY W TER DISTRICT Li e D. Nelson, Manager UNITED STATES OPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE 2017 West 9th Street, Greeley, Colorado 80631 SUBJECT: Soil Evaluation DATE' May 12, 1975 Homesites and Septic Tank Filter Field. TO: William R. Dutcher Route 1, 2895 Apple Avenue Brighton, Colorado 80601 This is in reply to your request for a soil evaluation of your land located in the RE} of Section 6 Township 2 North Range 67 West of the 6th Y.M., all in Weld County, Colorado. Since we did not have the exact description of the 35 acres involved, we have enclosed a nap of the entire quarter section and you may locate the area you are interested on the sketch. All the soils South of the Last Chance Ditch are suitable for honesites and septic tank filter fields. However the area north of the ditch *consists of soils that are too wet and heavy for honesites and septic tank filter fields. The soil survey is made on the basis of 50 to 60 inch borings. This information should be used for general planning and does not exclude the need for on-site investigation for specific engineering purposes. W. Kent Ververs District Conservationist cc: Weld County Planning Commission !� Carrel E. Ramon, Longmont Field Office, SCS ^t \11 13 (r) RE T$7 A 'nnraL CcAre v 0 �a `gZLc9"L5L� `.J UNITED STATES DEOTMENT OF AGRICULTURE • SOIL CONSERVATION SERVICE 2017 West 9th Street, Greeley, Colorado 80631 SUBJECT. Soil Evaluation °'�lE May 15, 1975 Romesitea and Septic Tank Filter Field TO: William R. Dutcher Route 1 2895 Appaloosa Avenue Brighton, Colorado 80601 This is in reply to your request for a soil evaluation of your land located in the NEB of Section 6 Township 7 North Range 67 West of the 6th P. M. , all in Weld County, Colorado. The soils marked 55-B on the accompanying map are Olney soils which are deep sandy loans. The pose no limitations for either homesites or septic tank filter fields. The soils marked X53 are Kim soils which pose a moderate limitation on foundations because of silty clay loam texture which has potential for some shrinking and swelling. This soil is suitable for a septic tank filter field, however it has slow permeability. The soil survey is made on the basis of 50 to 60 inch borings. This information should be used for general planning and does not exclude the need for on-site investigation for specific engineering purposes. (1. itt4r614.12 W. Kent Ververs District Conservationist cc: Weld County Planning Commission 3 � P v • • • di r.. s-3, t g, goy Hole: Y III e,p '2w /A, i. C , S , 3vu • rd •• N • • '.-1- .o ' , , - V . \ . 4' 14\7 ,, , y SW r r' _. .4._. c 3 5rl.re o_ �= R In t loo; jo CA Z.1 r33 clb.6f SHIN* 1554.al .10 j$ / ,, % v� �E NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET NAME MAILING ADDRESS 1'O09 6. CO /C'z2 a p Pa/,J Cw,2 s , =_ lG-2- "Al Coe ,,T y ,( i2 % ep Jse,er /0/ /1/1Gas?"./ ,'A i .� .. \ '1 A! r _I I I O q n V O [i V rr 7 a U , • a O iV .r _ V „ A h 4 . C 1' N V O •• • • • • • c4 r - .. r M c G ' 0 .0 O C i C C C C L 9 ✓ ..i .C M C V L, 0 C n 7 N O O 0 CI V j G a 0 I4 i u u O k .a ," II ul ...I a m rC .. L N 4 3 L 4 O ,r '•Ci ~ 'CI +r .C P V r tl .C 0 O 4 h . G 2 '3C' U < CI C C •a O r. n V a I C.' 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V L q 3 V v, k LL C C U 4 0 C C 'U O O• a 4 ,C L: O C C % C . C C J 0 L T 0 L 0 C C Cl rJ N O • 0 ti • .i a 0 0 c .0 C 0 ti .. _ 0 tr .0 Cl .. V 4 Sii I L• , E. • V Y J. e' Ir A Y .OJ' y 0 0 a t• I .C C •r P q ry 1 C V N ✓ li w Tl -r w U O C. U L L1 I 4 rr V O V J ,J N V ✓ I• -" Cu a v O C U in 0 o C m w C r. 1, 0 C e C .. a C •o a lr o q n 0 4: o' u C o 9, 0 O G M G IL A i • • • For use in sale of VACANT LAND ONLY RECEIPT AND OPTION CONTRACT (VACANT LAND) ,AItr//'X , 19 '7i-- RECEIVED FRO IYL/i , , Nr� '0�(°�Fl 4� r �� ,il i��e'r Purchaser (as joint tenants), the sum of $ �S 7,t' in the form of r r'Sni7 o/ (r?/,a r Jr to be held by IDerrr A/C G)7/r' Bete (rbroker, in his escrow or trustee account,as earnest money and part payment for the following described real estate situate in the County of / AL'/� , t Al Colorado, to wit: ...5.5,--ae -j /were or /eSS' / k ri/ /7% 0/ee/ ram e,f l/; �i/ /! ?Ail w;M s`��e t� ^I 44r A4 /�S c.<;%,^� ,`rr,' < T,'a n uJol/er' 0na' a// M/11 e r' / / 4. � �r•ese�,/ y ow E4/ Ise//NrsI with all easements and rights of way appurtenant thereto, which pro,yerty purchaser agrees to buy upon the following terms and conditions for the purchase price of $ / , payable as follows $ &lilt,\' hereby receipted for,$ /S tellA`K' of 71'ssie 0.c) C'/e ;Kya b4'%ne c op j et"O� he r/u �) n T / / � �IIC r:l� / l� /• 76 or rsrenl:r J T penny-.47 PT 74/74 ne l-IA OO7'i). C'td. /nC :Serene r4J'e S 44// he / o ��Pr lrs9 i7,fm. Price to include: 44 A 1. An abstract of title to said property, certified to date, or a current commitment for title insurance policy in an amount equal to the purchase price, at seller's option and expense, shall be furnished the purchaser on or before / 19 ��. If seller elects to furnish said title insurance commitment, seller will deliver the title insurance policy to purchaser after closing and pay the premium thereon. 2. Title shall be merchantable in the seller. Subject to payment or tender as above provided and compliance with the other terms and conditions hereunder by purchaser, the seller shall execute and deliver a good and sufficient warranty deed to said purchaser on -t vn r , 19 ?i7or, by mt tual agreement, at an earlier date, conveying said property free and clear of all taxes, except the general taxes for 19 payable January 1, 19 74 , and except---- ; free and clear of all liens for special improvements now installed,whether assessed or not; and free and clear of all liens and encumbrances except: 4'c' e. and except�easements for: diei rrr-�41'1 vyt l es ane//r T I/-1/e,s- am et?r y d M ers of re co rl.//' 7 and subject to building and zoning regulations and the following restrictive covenants: /lns o f /-e co/-,/ 3. General taxes for 19 2 (based on 19a levy and 197 r assessment), prepaid rents, interest on en- cumbrances, if any, and shall be apportioned to date of delivery of deed. No. SC-26-7.71 Receipt and Option Contract(Vacant Land)—Commercial Printing Co., Fort Collins, Colorado-8-71 The printed portions of this form approved by the Colorado Rool Estate Commission(SC-26.7.71) • • 4. The hour and place of closing shall be as designated by —_—JJOk.:44 AgedP. R-.7l)P`/CL_, 5. Possession of premises shall be delivered to purchaser on 9/7 n f o/n.s. `z?c'+�__ J subject to the following leases or tenancies: efo r /He+5 e ul T ILA Dal/tee e. 0/rein e; Per /-,I9-5" 6. In the event the premises are substantially damaged by fire,flood or other casualty between the date of this agreement and the date of possession or the date of delivery of deed, whichever shall be earlier, this agreement may, at the option of the purchaser herein, be declared null and void and any deposit herein made shall be immediately returned to purchaser. 7. Time is of the essence hereof, and if any payment or any other condition hereof is not made, tendered, or performed by purchaser as herein provided, then this contract shall be null and void and of no effect, and both parties hereto released from all obligations hereunder, and all payments made hereon shall be retained on behalf of the seller,as liquidated damages. 8. In the event the seller fails to approve this instrument in writing within ^ _ days from the date hereof, or if title is not merchantable and written notice of defects is given to the seller or agent within the time herein provided for delivery of deed and shall not be rendered merchantable within 60 days after such written notice, then this contract,at purchaser's option, shall be void and of no effect and each party hereto shall be released from all obligations hereunder and the payments made hereunder shall be returned forthwith to purchaser upon return of the abstract, if any, to seller; provided, however, that in lieu of correcting such defects, seller may, within said 60 days, obtain a commitment for Owner's Title Insurance Policy in the amount of the purchase price showing the title to be free from such defects and seller shall pay full premium for such Title,1 Insurance Policy. 9. Additional Provisions: ` - oc,y� 'h e:J/ G /c/ /` �h;s yet/ file�- ,�' "Den v u, r ng f�t'rJe�, br:a,y !Miele av:r;/o LN. qsi / P. P / / rt —1 ry /y�.['O /":/t Ji J/Gi KS+ c9/ (j jJN('grrin E.r/- nN�r� b,„-net Pt G'y�,1106OQ 4nel onc/ "e7& Acme'.', 10. Upon approval hereof by the seller, this agreement shall become a contract between seller and purchaser and shall inure to the benefitof4he heirs, successors and assigns of said parties. Agent, n le/1/4 `Gy'� JJ/C'l/ 'Cf Purchaser Date ^� Pulaqcer Date Seller approves the above contract this day of , 19 and agrees to pay a commission of____sue% of the gross sales price for services in this transaction, and agrees that, in the event of forfeiture of payments made by purchaser, such payments shall be divided between the seller's broker and the seller, one half thereof to said broker, but not to exceed the commission, and the balance to the seller. seller seller Purchaser's Address Seller's Address l � r Route 1 Brighton, Colorado 80601 Double Eagle Properties 432 Link Lane Fort Collins, Colorado 80521 Gentlemen: This shall serve as our notice to you that with regard to the Receipt and Option Contract dated April 14, 1975, between ourselves and Drew H. and Tina Marie Wesner for the purchase of 35 acres, more or less in Weld County, the following contingency of said contract has been met as of this date: 9. Additional Provisions: ". . .Financing of a permanent nature being made available on land and a new home." Dated this 17th day of April, 1975. WILLIAM R. DUTC R A. LARUE DUTCHER AGREEMENT OF TERMINATION AND MUTUAL RELEASE THIS AGREEMENT, Made this /7TH day of September, 1974 , by and between DREW H. WESNER and TINA MARIE WESNER, of Fort Collins , Colorado, hereinafter referred to as the "First Parties, " and ROBERT H. LOY and NADINE W. LOY, of Fort Collins , Colorado, hereinafter referred to as the "Second Parties, " WITNESSETH: WHEREAS, the parties entered into an Option Agreement on July 9, 1973, whereby the Second Parties were granted the right to purchase a forty-acre tract of real property situate in the Northeast 1/4 of Section 6, Township 7 North, Range 67 West of the 6th P .M. in Weld County, Colorado; and WHEREAS, pursuant to said Option and upon the exercise thereof, the First Parties conveyed to the Second Parties the afore- said real property, and the Second Parties granted for the First Parties ' use a Deed of Trust thereon, which was subsequently partially released; and WHEREAS, the First Parties also transferred certain water rights to the Second Parties , to-wit: ten shares of the capital stock of the North Poudre Irrigation Company, reserving therein a security interest for payment of the purchase price therefor; and WHEREAS, the Second Parties are in default in performance under the security interests to which reference is hereinabove made , and in forebearance of the First Parties ' foreclosure of those security interests , wish to make this Agreement to which the First Parties consent upon the terms and conditions hereinafter contained; NOW, THEREFORE, in consideration of the premises and of the following covenants , the parties hereby mutually agree as follows : 1. The Second Parties agree to convey to the First Parties all their right, title and interest, by Special Warranty Deed, in and to the following described real property situate in Weld County, Colorado, to-wit: • A tract of land located in the NE 1/4 of Section 6 , Township 7 North, Range 67 West of the 6th P .M. , Weld County, Colorado, being more particularly described as follows : Considering the East line of the NE 1/4 of said Section 6 as bearing S. 00°00 '04" W. , and with all bearings contained herein relative thereto: Commencing at the Northeast corner of said Section 6; thence along the said East line, S. 00°00 ' 04" W. , 1554 . 28 feet; thence S. 86°58 ' 21" W. , 1111. 10 feet to a point, said point being the true point of beginning, thence S . 86°58 ' 21" W. , 188. 62 feet; thence S . 00°00 ' 04" W. , 134 . 05 feet; thence S. 67°07 ' 44" W. , 844 . 96 feet; thence N. 00°25 ' 08" W. , 1716 . 32 feet to a point on the North line of said Section 6 ; thence along said North line N. 87°47 ' 35" E . , 1034 . 09 feet; thence S . 00°25 ' 06" E. , 1569. 80 feet to the true point of beginning; excepting therefrom that portion thereof previously released from the lien of a Deed of Trust for the use of First Parties dated August 31, 1973. 2 . The Second Parties agree to transfer to the First Parties ten shares of the capital stock of the North Poudre Irriga- tion Company and to deliver the certificate representing ownership thereof duly endorsed to the First Parties . 3. The Second Parties represent and warrant they have not conveyed any right, title or interest in the property herein conveyed and transferred to any other person since acquiring title thereto, and no person has acquired any right, title or interest by virtue of any lien, judgment, claim or otherwise. 4 . The Second Parties agree to pay to the First Parties the sum of $200 .00 as a reserve for expenses for attorney 's fees and evidence of title incurred by First Parties in connection herewith, the balance of which, after payment of said expenses , shall be returned to Second Parties . 5 . The First Parties agree to release the Deed of Trust for their use and further agree not to seek any deficiency judgment for damages against Second Parties on account of the obligation secured by said Deed of Trust. 6 . This Agreement shall terminate the parties ' previous agreements respecting the conveyance of real property and appurtenant water rights and security interests therein created, except to the extent of the real property previously released from the Deed of Trust -2- 111 for First Parties ' use which shall remain vested in Second Parties , and upon execution of the instruments to which reference is herein- above made, the Second Parties shall be relieved of their covenant to pay the remainder of the obligation due First Parties recited in said Deed of Trust, and this Agreement shall constitute a full and complete release, accord and satisfaction of all matters in controversy between the parties regarding the matters herein recited and a waiver of all claims , debts , suits and actions of any nature whatever either of the parties may have against the other, saving and excepting only any cause of action which may arise as a result of the Second Parties ' representations and warranties contained in paragraph 3 hereof. 7. In the event First Parties shall receive a bona fide offer to purchase the property described in paragraph 1 hereof within one year after the date of this Agreement, which they are willing to accept, they agree to communicate the price and terms of said offer in writing to the Second Parties, who, for a period of thirty days thereafter, shall have a right of first refusal to purchase said prop- erty for the price and upon the terms stated in the written notice, and First Parties agree not to sell said property to any third person for a period of one year hereafter except upon Second Parties ' failure or refusal to exercise their rights herein expressed. 8. The Second Parties agree to pay a water assessment to the North Poudre Irrigation Company in the amount of $70 . 00 on or before October 1 , 1974 . The Second Parties further agree to pay a pro rata share of the real estate taxes upon the property described in paragraph 1 hereof for 1974 , which shall be due and payable on January 1, 1975 , to or on behalf of the First Parties in the mutually agreed amount of $160 . 00 . 9 . The parties mutually agree that by these presents the Escrow Agent holding documents in connection with the transaction herein described is authorized and directed to deliver all of said documents forthwith to the First Parties . -3- r I. j� IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. Jr 44614/2,11 lier id Drew H. Wesner . 4‘.1_,, :7 .o,,; /(X�� Tina Marie Wesner / 'Robert H. Loysot_mt_c_ji , fe?---y_____, , CC-1� N ine W. Loy -4- - 'el.., 0 s_....._. .........? _____, , ...._ .. • OPTION __,'f THIS ACREF i:�•iT, made and entered into this -- day of uly, 1973 by and between DREW H. WEENER and TTWA MARIE WErNER first parties, and ROJJERT H. LOY and NADINE W. LOY, second parties, WITNESS :TI:: IN CONSIDLRATION of the sum of One Thousand Dollars ($1, 000.00) paid by second party to rouble iagle Properties ' escrow accounts, the receipt of which is hereby acknowledeed , first parties hereby grant to second parties the exclusive right, until August 31, 1973, to purchase a 40 acre tract situated in Lhe NEh of Sec. 6 'i'wp. 7 North, Range 67 West of the 6 P.M. in weld County, Colorado, to be described by survey obtained by first parties at their expense and to be attached hereto ac eehibit "A" and incorporated herein, upon the following terns ,/ and conditions: 1. Conveyance of the said real property shall include_ 10 shares of the c?.nital stock of the :forth ,›nudr.e Irrigation ;later an.1 all the minerals presently owned ay the parties of the first part, free and clear or all 1ienT, F'nd encumbrances except rights of wa'' fc;. road':;, ,lit e e , t_t.;i l ti_e e, 1973 taxes payable in 1974 , restrictions, reservations -md c olyenants of record; but reserving to first ear*ies all gro.-ing corn crow ee laid property including the right, to '1a. :'•:!"l; scud remo'Jc tci same. 2. In the eveac this option is exercised , the total purchase price of said property shall he $S2 ,010 . 10. 3. If this option is exercised, the consideration to be paid by second parties to first parties for the property shall he paid in the following manner: (a) The eu:a of $10 ,000. 00 in cash payable at the time the transaction is closed except that the second parties shall receive credit against this sum for any and all sums paid under this option. (b) The balance of $42 ,000.00 shall be represented by a note and first deed of trust on the conveyed pro- perty, payable in two equal annual installments of princi -- ó pal and interest. Tha first of sai i installments of $21,000.00 together with intr-_rnat of 8.753 per annum to be paid one year from the date t:iis transaction is closed and the final payment of principal and interest shall be pail on or before 2 years from the date this transaction is closed. (c) - econd parties shall oe entitles to receive froe an,2 c1_' .z awl to reserve, fron the afore:ientionJ;i first :seed of trust to he (liven to first parties a tract of 1arZt for a building si:e which has a 200 foot frontage on the county roe:' on the north boundary of said tract •..it'i a 4!l0 foot dent h. Mat the descrirtion for said tragt to be •retains.; by second narties shall i 1 ea`•.n. M!' be surve��t�_i :�•� sncon•�i parties .z r_ t:',:..ir on., i n;l.�f :`uz=.- ished to i:'l first pnrt.e a prior t•7 closing •..1.3Lc: herein. 4. T 1 " r'i' .. wort'.neU :�v `.7 c.~ d part os .�_ . �tr].721 cannot he r�: .._ .. prior to August 3, 1t'�. and shat t)e .�3 liC?1iv r�3d ::O g first parties n'r ic: .' tel :ilia expiration o. ii is Option or any extension ther•.o? the hartios •',a'► acYree to. 5. Upon notification of tiln e.:_"•:"c'_se o t`iis option, first parties ,3h'l1l 'ilr'lish to s neon - '.far ti_•os ,9 title'- cor' it- 1^'mt showing r•:'crch•3:'..t P2 LL.•. title in first n-rtio' . 6. General taxes, hnci other prorate` le items ,ball. Le ',rorated as to the ^tr. of clositu'r of thir. -•nt i_n '. The nar. Li3s rf t h first part ^►•iii nay tie 1473 'r.it. r •'?=""^1 lrttInt to the ::orth Poudre Irrigation Company which are i'i 'n' r va 1^ n or 6. Clost.nct or t.'tis transaction s'Nall ',f, on or before T•.uq'ust 31, 1973 at an•:: place tn ',': : :-.wir-*vito1 by uoul,lo .g1^ Properttr''. 7. Pos,;e-;''iorl of t:!e n opc:'rty Th i '.in c,rantf'd to 1-.he second parties nt tho t'}'to of olcylincj F.:<<.,.nfi; i-'"iE- YNartia of the first part shall rctain posselsioii of `:.'w% •wonerty for the, purpose of repo-T11 a A !,irvestinet of the corn crop presontl'r rim-owing thereon. £3 . Fact► of i-':c n-irties hereto a,-Tr;,e to nay the usual ry ^;-nc .es and cost? of .,_,-1:, �t.-^i.:,-r of this a(!rc•,._ 1t. It i a.,reel ''int 7ou`;?e :'r.o. -ti, is act:i.•u1 broker and the parties of the first part :armee to pay a coini- -2- sion of Ca of the gross , .en price for services in this trans- action. a. Time in of the _.;sence of this agreement, and this agreement shall _ ht.,. : a ;.'_, u.' -, rinclin/; •a :,Oi1 .:h.., heirs, exrclltors , administrators , .; tccessor5= •a:n.d- assignrr of the respective parti-as iereto. 10. s',a.rt:.::-s: of thc-e first part. accept not la`..:- ;- then 1 claw Pram. the :at:F_ of this c7ntion. in 'sTIT:'d r '�d2 Jr , the parties tiavc hereunto .`sot -I-i r 'tan'a.s and seal i7.c.; ' l',"' ^ aryl year a1;ova first written. nlii.`'�i L1 'Ih}I .c r- '''' ,..„:77 71:7 •r r_ . ., 7. l / _ � / "" - T ll pre, H. weFmc 701nrf IT. Loy / I l - __ _ _. _ act.....n.A......)--_........ 1.....421:cer( r e •77,1/-7:7, Nall n. -.T. Loy ,L'.'�Z�'L "i"C��"l K-P �l cr1`'.�� v '��C�/ �!��y''.LCALif 4t2 I -3- z p3^ 6) I SEP 3- 1971 to . .` �s;AK garsrd.d d 3 'd•th II.. --._.....-eua v'oMFC..._..............._...._._ z i• 653 garpa.a No 157'46.92.. Raeoreer. " • —\ t�, HAROLD H. PFEIF and GLADYS PFEIF ' . 1 whose address is Fort Collins )!_ i , L 4. tT County of Larimer ,State of State Documentary Fee • N Colorado ,for the consideration of Other Go d pate .S[P..2- 1911.. l M and Valuable Consideration Plus Ten 1 if.$ ...11...S.D.._... . r- dollars,in hand paid,hereby ad(a) and convey(I) to • R. DERIN CARMACK and RITA J CARMACK, As Joint Tenants, t-1 • "' Fort Collins County of whose address V „ N ,• .t Larimer ,and State of Colorado th• following real property In t`. r1 t." o 1 U 0 o County of Wa 1 d ,end State of Colorado,to wit: P't The NE 1/4 of Section 6, Township 7 North, Range 67 West M of the 6th P.M. , together with all improvements thereon M I in their present condition with ordinary wear and tear ) H excepted, and together wit; all water and water rights used ti o 1- on the above described property or appurtenant theret including 35 shares of the capital stock of the North Poudre Irrigation Company; Together with One -Half of Grantor's interest in existing oil and gas lease to Amoco Production Co. ; .r CI r 1 1 with all Its appurtenances,and warrant(a) the title to the um*,subject to easements, irri gation ditches and laterals in place or of record, patent and • mineral reservations, if any, and 1971 general taxes payable in in,l972,undera exor tocbeting and producedrfromvin? one-half of said property to ell minerals • Grantors. Blgaed this .� /if dV of August , 1f �>, 0$7., STATE OF COLORADO, 1 County of Latimeregt / .4- Instrument was acknowledged before me this 3 P4I4 ,Ig 71,by Harold H. Pfeif and Gladys Pfeif. � .,,,,, Oa.. t - LA - 7L • ( my commli�Ipn exPiru /0 ur•..• ;Wiyfap 191,1'14 and official aul. 1 �• ,. .t l l •,.‘.' wr.rr roor000mtivo or 1uM11 tr.rrWen�lit trl -loci w Ynw n i motor uuMgiY b.p r'.'.••I.w alts or Marl. don:It er°e(u�wot. .iW.°roW t`~amnn..r•".F ru.i.ftw w.iiw'°".^"IW w«NIMI.rt wMot WIN= Fatima owls/a t a Na.NI. wrrn•te D•.4-earn h— •-_ 114144 r.Y.19411—LMlai W4W W o•.ltl44$evert NON.[Sato.Calrnlr-4w f r. w I, Crl elC7 r^ swat.'a6. _.o'<Wi-_. ...¢.—____.1� -4 197?, l/ In K ra t• t j 659 s.wae.No �gQ1I�_.._ .Nw sp°h u . _9.araar. in ° .2 ��-- Ryd�4DEWS STAMP 'lets Dg®, Hiatus 30th. tooiDecembet n71 ,begse. R. DERIN CARMACK and RITA 3. CARMACK State DocumeJAN nttary9Fe Date I p $ ..L.so P n ' 3+ " 4 N nf tW Cotmy nf Weld u,d sate nf en Colorado,et the first part,end KEITH MULLINS and WENDY C. ` a f co MULLINS, as joint tenants, Ol In re w e" County d Weld • and Sate df Colorado.of ths see,d part: t of the "' WITNESSETR, that the said part Les of the first wrt,for and in consideration of .sum nf a• TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATIONS R9Wa6ltx a sN GN to the said part iee of Na first part in hand paid by the said parties of the second part, '�receipt doroof is 0hereby confessed and acknowledged,ha Oe granted,bargained,sold and conveyed, by O narties of the second part,their heirs and assigns forever,not O grant,n y in sell,convoy and confirm y.a the aid P described lot or parcel of land,situate,lying and Q in ng in t a common but in joint ay.ag ay of following and Sate of Colorado,to wit: babe in w. County Weld ay A ten (10) acre tract of land located in the NE} of Section 6, Township F< 7 North, Range 67 West of the 6th P.M. , Weld County, Colorado, being •g more particularly described as follows: Considering the North line of the NR4 of said Section 6 as bearing a North B7°47'35" East and with all bearings containedtherein relative thereto: Commencing at the i.ast quarter corner of said Section 6; thence South B7°07'44" West a distance of 30.04 feet to the true point of Beginning; thence continuing South 87°07144" West a distance of 1269.96 feet; thence North 00°00'04" East a distance of 343.43 feet; thence North xB7°07'44" East a distance of 1269.96 feet; thence South 00°00'04" •'� West a distance of 343.43 feet to the true point of beginning together • with two (2) shares of the capital stock of the North Poudre Irrigation Company; EXCEPTING AND RESERVING one-fourth of all oil, gas and other minerals in or under the above described tract to the Grantors, their heirs and assigns. 4 fr . ii. N. _ • j� 0 is {[c t{j, Ii:/. . • 1 _ .......5 u,.r v_v _ n.._,_ ------------- .- 1581342 ieoD t 659 4 —a TOGETHER with ell and singular the hereditament, and appurtenances thereunto belonging,or in anywise t,, appertaining,the reversion and reversions, remainder and remainder.rests.blues and profits thereof;and all the state,eight,title,interest, claim and demand whatsoever of the said part its of the first part,either in law or �,� equity,of,In sad to the above bargained premises,wills the hereditaments and appurtenants. !t TO HAVE AND TO HOLD the said premises above hargd reed and described,with the appurtenansa,unto the said • parties of the second part,their heir and assigns forever.And the said part ten of the first pert,for them selves , Ulilbein,executors,and administrators do covenant,grant,bargain sad agree to and with the said parties of the second part,their heirs and assigns,that at the time of the ensealing and delivery of these pr ar- ents they at wee seised of the premise.above conveyed, se of good, sun, perfect, absolute and indc. As ". state of seherlt+:ace,is law,in fee simple,and ha ye good right,full power and lawful authority to grant,bar- gun,sell and convey the same in manner and form aforesaid,and that the same are free and dear from all former 1 an.'other grsnte,bvgai s,sales„liens taxes,aseesoments ant encumbrances of whatever kind or nature never.EXCEPT irrigation ditches and laterals in place or of record, paten and mineral reservations, if any, and general taxes for the year 197t�22r��ap1{l�pd� thereafter t and the Protective Covenants a copy of which is itld-t0 ciai lot Liieed?pitmans is the quiet and peaceable possession of the said parties of the second part, their • heirs and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said parties of the first part shall and will WARRANT AND FOREVER DEFEND. , IN WITNESS WHEREOF the said parties of the first part',aye hereunto settheilbead S and sal S the day sad year tint above written. • Signed,Scaled sad Delivered In the Presence of R D TN�'�'��CARMftCK j�'�Z'Cl �.feEAL] • (. ,t) ,i[ p• - ��I�fil'itiJ...."CAR�] 1,[tt d.c .%_[SEAL] . . . ... .. (SEAL] STATE OF COLORADO, l In. County of Weld ' .7'Oi forgolag ioatrrunant wan animowledged befor r this day of December yp Zt W .:,;.R,ysQERIN CARMACKi and RITA .1. CARMACK. F' �- ,.G e fry Commission expires May 4, 1975 U..■ � loelon ggtgrus .1$ .Witness my hand and official seal Q eodm . a . No.$21.'WAgusTV DUD—To soot Toasts—Indeed retikNrs c..ar4re root Stmt.arum,woos or pans bore bast war or mom;IS by wren nun onDtianee.tale nnw�n or orticlal��tr et or sin J t>p-pewOt as awl Woo nor personr tttoem W.yttltlacer-bia herrathwa N wW 4eertam 4aill i i twkteo. aetsewi.dpweY,Sea lre-t-1 Qniendr RarW Manta torrid." • • • 4 • I i1/4 e. ' bouKEiGO at..---/.121.0...i...o'cloek.. d u 'ry r- ,.. a Recorded ai__-1�.faL..atloeL__A.Y.,-.._JAL.L_._L.. ..._.__.._......_......._ Mrtrm a Ir\ l I!.f 9 ANN 5V°MU, Recorder. O VI Repptlom No. .__._ 5111 I t, RECORDER'S STAID' THIS DEED, Made this 30th. day of December, �, . i9 71,betwnn R. DERIN CARMACK and RITA J. CARMACK t7 I re } I State Documentary Fee ' Dote _JAN..-.7..1912 cl, $ .TO �' 43, of the County of Weld and state of • UN� Colorado,of the first part,and KEITH MULLINS and WENDY C. v-t MULLINS, as joint tenants, CO • to r+ 1O1 of the County of Weld and State of Colorado,of the second part: 4, r.. ti, p'ITN ESSETH, that the said part le9of the first part,fur and in consideration of the sum of • 0% TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATIONS ARMS c !, h the reel t whereof is ! o to the said part ie3 of the first part in hand paid by the said parties of the eecm,d part, p p o hereby confessed and acknowledged,ha Ve granted,bargained,sold and conveyed,and by these presents do p o grant,bargain,sell,convey and confirm unto the said parties of the second part,their heirs end assigns forever,not 9 in tenancy in common but in joint tenancy,all the following described lot or parcel of land,situate,lying and ("': being in the County of Weld andState of Colorado,to wit: IV N re• A five (5) acre tract of land located in the NE% of Section 6, e- !, 1 Township 7 North, Range 67 West of the 6th P.M. , Weld County, _ Colorado, being more particularly described as follows: —* 0 Considering the North line of the NE of said Section 6 as bearing �• North 87°47'35" East and with all bearings contained therein relative , thereto: Commencing at the East quarter corner of said Section 6; thence South 87°07'44" West a distance of 30.04 feet; thence North 00°00'04" East a distance of 343.43 feet to the true point of beginning; thence 1 continuing North 00000'04" East a distance of 171.72 feet; thence !6 South 87007'44" West a distance of 1269.96 feet; thence South 00000'04" 4 West a distance of 171.72 feet; thence North 87007'44" East a I r' . distance of 1269.96 feet to the true point of beginning together . with 3/4 share of the capital stock of the North Poudre Irrigation Y Company; EXCEPTING AND RESERVING one-fourth of all oil, gas and other I minerals in or under the above described tract to the Grantors, their heirs and assigns. I . „I, I i , V i . t a . ( • NN i. r ROOK 660 V 1581559 TOGETHER with all and singular the hereditament'sod appurtenances thereunto belonging. or in anywise appertaining, the reversion and reversions, remainder and remainders,rents,issues and profits thereof;and all the F If . estate,right,title,hderest,claim end demand whatsoever cf the said part leaf the first part,either in law or ',,4' equity,of,b and to the above bargained premises,with the hereditament"and' i en wanrtevatwes,unto the said TO HAVE AND TO HOLD the said premises above bargained and described, of h e a appurtenances, part for them • parties of the second part,their heirs end assigns f .And the said parties solve S ,thdyheirs,executors,and administrators do covenant,grant,bargain and agree to and with the said parties of the second pert,their heirs and assigns,that at the time of the soaeating and delivery of these pres- ents they at well seized of the premises above conveyed, as of good, sore, perfect, absolute and indefeasible estate of inheritance,In law,in fee simple,end ha V e good right,full power and lawful authority ta grant,ha' gain,sell and convey the same In manner and form aforesaid,and that the same are free and clear from all'' - sr and other grants,bargains,sales,,liens,taxes,assessments and encumbrances of whatever kind or nature soccer. � EXCEPT irrigation ditches and laterlas ine or of forecor4 patent and mineral reservations, if any and g ne :t 1972 and thereafter and the Protective Covenants a copy of which is attached hereto. their and the above bargained premises in the quiet and peaceable possession of the said parties of the second rt,,e their hdn and saaiges.against W and every person or persons lawfully claiming or to claim the whole or any past the said parties of the first par • t shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said parde.S of the first patt.haVe herµinto setihdr hanS and sad s me day and year first above written. / �" / a�,tM a C(-` •SEAL] Signed,Sealed and Delivered in the Presence of �I 'I' R: D IN... NMACR • , ,- /r.� v . . i. LKte,z-c-, [SEAL) RITA J. ARNA. 70 STATE OF COLORADO, 1sa County of Weld J "� 31,d. day af December .a The foregoing instrument was aclmowledged before ma this ,�y 11' Eby R.. DERIN CARMACK and RITA J. CARTIACK. � fN I piton.Wire. (�(/�iL l a ,1Q75 .Witness my hand and official sad I �s P(I II 1�`�!?/ �1t.f�'ts[a'C..:}I._..Xa'+d-di. ia ters Kale. V • ' N.991. wsBBallIT BgtD—Te Jett Taal.—B,WIW Pu°Wbe G,left-4e Bbut Street.Deaver. 11arty arm !'i elf by mat preen or seraoeo sea c Insert name or mime;if by peract on nedN re er nama official atlo�v f P + aomn e,than Insert[bee insert aerie of pence executor. presides( of or°nee of Pit or snowsrears:u br of d aura pomace, Ilse.1114-1Coloradora Reused statute. Inset or other offlnn of eupb aorpon I Ii , ;tI L ..... ry, 67o R..edd K � n0o e.ws /� v JUN 26 �l`—Baeeedet wMue o ,r Rt�K � p.a.a.9es , rI LI)l"1 Ronpuoa No-7.58 rasagaa..._..... _ ANI RWy,10 y • r —A RECORDER'S STAYS •. ar', '' k 1 Tau DE®, m.o.the 15th dead Juna e 19 72,Mtwosa , ' pa�q� ppy,{ ti , R. PERIN CARNACK and RITA J. CABNACK Stott JUf1eLt0r l� 1 Data ' I tT $ M of Use County of bar imer and State of • , r1 • Colorado,of the❑rat part,ad la in N Os KEITH MILLINS and WENDY C. MILLINS, as Joint-Tenants • IIrt cot of the County of Weld sad State of Colorado,of the second Past: "' for and in consideration of the.um of • .v�' WITNESSETH,that the said part See of the first part. NNI VIIII a• Ten Dollars and Other Good and Valuable Consideration IIII tJ s u% to the said part lea of the first part In hand gold by tM said parties of the second part,the receipt a:. rf is 0 CD bargained,sold and conveyed,and by these presents do p n hereby bargain,assd savoy and con l'Ve granted, .. itrant,. sell,convey and confirm unto the said parties of the second part,their heirs and assigns forever,not p in tenancy in common but in Joint tenancy,all the following described lot or parcel of land,situate,lying and being in the County of Weld and slats of Colorado.to wit: `.1 A 5 acre tract of land located in the Northeast Quarter (Nth) of Section 6, Township 7 .p N N North, Range 67 West of the 6th P.N., Weld County, Colorado, being more particularly z described as follows: Considering the North line of the Northeast Quarter (NEk) of said Section 6, as bearing North 87° 47' 35" East and with all bearings contained herein relative thereto: Commencing at the East quarter earner of said Section 6; thence South 87° 07' 44" West ij a distance of 30.04 feet; thence North 00° 00' 04" East a distance of 515.15 feet to the true point of beginning; thence continuing North 00° 00' 04" East a distance of Ii I 171.72 feet; thence South 81° 07' 44" West a distance of 1269.96 feet; thence South 00° 00' 04" West a distance of 171.72 feet; thence North 87° 07' 44" East a distance of 1269.96 feet to the true point of beginning; together with 3/4 shares of the capital • stock of the North Poudre Irrigation Company. 11 7 1, 1 , bI i IF fi J f 1 _ r 1 ,y' l 1 Ir WOE 6'70 1591433.2,9- • TOGETHER with all and singular the hereditament&and appurtenances /hersan/s hdeagial,or In 'arc's ee., appertaining, the reversion and reversions, remainder and remainders,rears,Wues sad profile W and all e estate, right, title, Interest, claim and demand whatsoever of the said put keg e equity.of, • in and to the above barg�nd premises,with the hereditament'and appurtenances. _ TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the said parties of the second part,their heirs and assigns forever.And the said part lea of the first pad,for them selves ,t he theirs.executors,and administrators do covenant,grant,bargain and agree to and with the said parries of the second put,their heirs and assigns,that at the time of the exuding and delivery of thew pros- , ants well wised of the premises shove conveyed, uf full pow er ro and fact, absolute tMelp and ink`adbbl- la lawfau testate of Uhesitahes,In law,to fan simple,and ha we grad right resaid,and that the same are free and clear from all former i 17): gam,sell and convey the same t'manner and formss went'and encumbrances of whatever kind or nature soever. other ran"' tion a Wos,Bose,t'aas,are I Except rrigat ion dicchee and laterals in place or of record patented mineral reservations if any and general taxes for the year 1972 and protective covenant• as between the part .es and which was recorded in Book 659, Reception No.1581343 of Weld County Records. salon of the said parties of the second past. Ir and the abuse bargained premie t'the quiet and peaceable pone heirs sad assign&against all and every person or persons lawfully claiming or to claim the whole or any part th.,..of, the said pad keg of the first part shall and will WARRANT AND FOREVER DEFEND. F IN WITNESS WHEREOF the said part its of the first part ha Ve hmeanta.Nattheir� i and ,o cl seal a the day and yew first above written. r 7 S.dad and Delivered In the Presence of X Li L,ttttaok.(SEAL) Signed, r I T7`.. t._._ I I dt.Li...Le( .._.._.. (BEAU -..vi i_ (SEAL] STATE OF COLORADO, ILL County of(0...o.,;,-...._.-(0...o.,;,-...._.- yd T''hTTe..l5c�i .Ep�g/.401P INot was CAARMACIt nand ged RITAoreJ mCARMACK this l9 - day of vvri Ip'`(+er!.r' ^y'./DAR t.ik\akiLR6a 11i441 ,tel 4:,.Witness my bad and official seal ;ems_ • - o _ Nei.gyI.I sea llAANosry DatC—To Mal T�LLY4JM/JWYs n.ISeM greet amwrt.,Opm's.U01--k ids o�nwwera>a almruwr m(theeite�mpemrt ssn.e.e or act iflm or ewleenM�as It om�Wsaat co�r of iccers etaswwt jw�ratio4.ueWs IL--Neltin� aesa ealettwr.•e¢111-a-1 CobNo MviW•Mutes lest. • • G' ' . . , :,...;;;. .. pen... _ _e,...z , 4AerRIP ry'` ° f'-- MAR -5 1973 -� '�" ,,:;Ale Senrdod at__.".... o'clock. M., . I. ;eys .a-.'• ° 686 qt. •n0._Nn 1608399 _ •Nee•__ ar ... -- to r. ,. r_._.______ -- ---._ .a'/ RECORDER'S STAMP THIS DEED, Made this 20th 3 day at February , to 73,hetwaen p r- 1 s i R. DEA1N CARHACK and RITA J. CAAHACK ! Stow Docurnenlory fee Dote ...JAAR -5197 1 �r Fl , s ..G, 41/0 ,14.r ! of the County of Weld and State of • k t Colorado.of the first part,and lay t` t• 1lr c� DREW H. WESNER and TINA MARIE WESNER, ae joint • a CI r tenants • or the County of Lar lanai and State of Colorado,of the second part: ` ' W ITNESSETII,that the said pert lee of the first part,for and in consideration of the sum of e 4� TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION QlMKIXIC ek to the..id part SeS of the flat part In hand paid br the said Varties o/Na eemnd part, the receipt r"- of is 0 3ranted,bargained,sold conveyed,and by these presents do 0i ' 0 graeby erg in, and acknowledged,szs have g O grant,bargain,sell,convey end confirm unto the said parties of the second pea,their halo and assigns forever,not 0 iii tenancy in mention but In joint tenancy,all the following described lot or parcel of land,situate,lying and \'( being in the County of Weld and State of Colorado,to wit: P .. 9 A tract of ¶rani located in the NElt of Sect.rn S, Tcwnehip 7 North, Range 67 P �� u; West of [ht. fch P.M., Weld County, Colorado, being more particularly described t ), , I ae follow; : Considering the East Line cf !Lc N of said Section 6 as bearing 4n S00°00'04" W, and with all bearings contained herein relative thereto: ac a Commencing at the NE Corner of said Section 6, said corner also being the true point of beginning; thence along the said east line, S00°00'04" W, 1554.28 ; feet; thence, S 86°58'21" W, 1299.72 feat; thence, S 00000'04" W, 134.05 feet; thence, S 87°07'44" W, 844.96 feet; thence, N 00°25'06" W, 1716.32 feet to a point on the north line of said Section 6; thence along said north line, N 87°47'35" Et.2155.96'feet measured (2155.84 feet platted) to the true point of �� beginning containing 80 acres, more or lees; together with 20 shares of the capital stock of the North Poudre Irrigation Water. belonging, or h, an w TOGETHER with all and singular the heredltaments and appurtenances thereunto yw • appenainh,g, the reversion and reversions,remainder and remainders,rents,issues and profits thereof:and all the }k estate, right, title, interest, claim and demand whatsoever of the said parties of the first part,either in law or I', equity,of,in and to the above bargained premises,with the hereditament,and appurtenances. TO HAVE AND TO HOLD the s rid'remises above bargained and described,with the appurtenances,unto the said I ',artier of the second part,their seire.r.d assigns forever.And the said parties of the first part,for them- e a,.l yea .theitheira,ex,'cutun,and adminielraton do covenant,grant,bargain and agree to and with the said parties of the second par' Hug,heirs:end assigns,that at the time of the nettling and delivery of time pres- 1( j" enta they are well seized of tie brunt's above conveyed, as of good, sure, perfect, absolute and indefeasible 1 estate of inheritance,in law,ie fee ample,and ha we good right,full power and lawful authority to grant, bar- I gain,sell and convey tl•a antic ire mount am! firm aforesaid,and that the same are fete ant clear from all former and other grants. bargains. salt t,hoc, tea assessment.and encumb:anees of whatever kl .or nature soarer. l4except general taxes for the. ye.....- 1973, rights of way for irrigation ditches I; ` and laterals in place or of record, mineral reservations, if any, and protective J co•enantu ae between the parties, a copy of which Sa attached hereto. • Q' and the above bsrgained premises fn rho quiet end peaceable poareaeion of the said parties of the second part, their �� heirs and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof. I • the said part lea of the first part shall and will WARRANT AND FOREVER DEFEND. and • � • . r\O' . IN WITNESS WHEREOF the said part lea of ltr first pert ha ye he,eunm,etthel.r hands te! a the day and year first above written. / / ' i �• Signed, Sealed and Delive.cd in the I'rneno of f I' � � II . G Y t !!//lrs.Gj [SEAL] 1 1, jSEALI r� STATE OF COLORADO, Ies County of ',falter ) �,( / ' �I yC�a" :.•.5�ay of4.64"..y e The foregoing instrument wad acknowledged before me this - \� ((!!((/ 10' .bye R. Darin Carmack and Rita J. Carmack e. 4. . .. sJ . y ' J 'q My commission expires ,le ,-;.'Y .19 7 . Witness my hand ejtw'fic;a*seaeti \Z-_-, No.9y1. teAa5ANTT OeaU u M -T.last T .sta-aroed Pu54h a I Ce. Mesa eteut alai Deaver.Cc..rtadn--l.ft i 1 ' .II 11 stool puma"or personat5,r.Ina name ee an,.nnit bnytper ono tins 0,aessrnr'Jstiv. r isle isy eapImtr sat mr • er annrnen,then hen insert ert,name of a erw y 1 !thre ou 4dpAn1 hen tle-s't officer on asd leers la em r.eireaafeal or other officers Ol.am cdryeraeon,naming IL—ntwamry• • 1'7 ..,......::.._ iar., . . . J o•,a..,uAu.i.o lu+;.ww.YY:YwJnWtlBWitwlw&+.+ar.:..u ...e. A a+ ti outs 680 1608399 i PROTECTIVE COVEN,.NTS 4 The conveyance of the premises as described in the i ,, foregoing Warranty Deed is made subject tc the following r. protective covenants: i." 1. No modular home shall be erected or placed on the 1;• - foregoing described premises unless such modular home meets the specifications of the Uniform Building Code. No trailer houses shall be permitted for use as a residence. 2. No swirls, poultry of any kind, or goats shall be t; raised, maintained, bred or kept on the above described property. It is understood that such domestic animals as dogs, cats, rabbits, or other small house pets may be kept, provided they are not kept, bred or maintained for a commercial purpose. No commercial feed lots shall be erected or constructed upon the ' above described premises; however, cattle, sheep and horses may be grazed. 3. No nuisance, or offensive, noisey or illegal 1. trade, calling or transaction shall be done, suffered or I permitted upon the above described premises and in particular no automotive or motorcycle racing, junk or wrecking yards , and no structures will be erected for the giving of shows on public entertainment of any kind and no permit will be given upon ii- said land for shows, concerts, theatrical or musical performances, or any entertainment whatever of a public character, whether accompanied by music or not, which attracts or is calculated to attract, divert or collect a congregation of persons; notwith- standing it is expressly agreed that a steer roping arena may be constructed and used with eight or ten people roping. 4. A 5.02 acre tract o£ land, mote or lass, measuring 730 feet north and south by 300 feet east and west and situated , ; Ilk rM'! sip 1608999 688 h 3-3 x 4 a in the southwest corner o£ the BO acre tract oP land described , on the Warranty Deed to which these covenants are attached shall be an area utilized for pasture or other purposes and on which F no building or improvements other than fences and irrigation ditches shall be constructed. These Protective Covenants constitute mutual cove. ' its running with the land, and all successive future owners shall have the same right to envoke and enforce these provisions as the original owners and signers hereto. DATED this ,.--.loth day of February, 1973. /7I :1:1174-7c14--- z , i iii, • I } -Z- g�^,� N1N 21 • .. - _ . 1 'o CJ a0DK `A'TR EacordM .r 3:.F R ...t u ._._ l LIT; 1615 56. . . ' I Ih Reception iJo........... 7drN �� ReeoNer. � RECORDER'S STAMP THIS DEED, Made this 15th day of June 10 73,between e____ R. DERIN CARMACK and RITA J. CARMACK - i Or ' rn in of the County of Lar inter and State of I I . Colorado,of the first part,and 0 In LYNN E. RUSSELL and LINDA K. RUSSELL, as joint 43 tenants ry I of the County of Latimer and State of Colorado,of the second part: r.,' WITNESSETH,that the said part lee of the first part,for and in consideration of the aom o TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSI➢ERATI0N--------— ---ZIOU7!'diOI a to the said parr tee of the first part In hand paid by the said parties of the second part,the receipt whereof is ,-, hereby confessed and acknowledged,have granted,bargained,sold and conveyed,and by these presents do o grant,bargain,sell,convey and confirm unto the said parties of the second part,their heirs and assigns forever,not in tenancy in common but in joint tenancy,all the following described lot or parcel of land,Colorado,sit .ate.lying and being in the County of Weld and e of s^ .li ri A tract of land located in the NEIL of Section 6, Township 7 North, Range 67 West rt N of the 6th P.M., Weld County, Colorado, being morespar Section 6 as bearing North tydcs rf• follows: ::onsider ing the East Line of the NEk 00°00'04" East, and with all bearings contained herein relative thereto: Commenc- r'- ing at the East quarter corner of said Section 6, thence along the said East line, North 00°00'04" East, 689.66 feet the the true point of beginning. Thence, South 86°59'02" West, 1299.71 feet; thence, North 00°00'04" East, 343.78 feet; thence, North 86°58'21" East, 1299.72 feet to a point on the the said East Line; thence, along the said East Line South 00°00'04" West 343.44 feet to the true point of beginning, containing 10 acres more or less, together with one and one-half shares of the capital stock of the North Poudre Irrigation Company; excepting and reser- ving one-fourth of all oil, gas and other minerals in or under the above described tract to the parties of the first part, their heirs and assigns. , fll ll I 1 1 A S0O' 1615355 I 694 a- 2- / TOGETHER with all and singular the hereditament. and appurtenances thermal* belonging, or In anywise appertaining,the reversion and reversion', remainder and remainders,rents,ernes and profits thereof;and all the estate, right, title, interest. claim and demand whatsoever of the said part ies of the first part,either In law or equity,of,in and to the above bargained premium,with the h r i1 del' d,ta and apwipu to appurtenances,unto the said TO HAVE AND TO HOLD the said premises above bargained the said cri des of the first part, .0 them— Parties o: e r part,their heirs and assigns covenant,grant,bargain and agree to and with the selves their heirs,and part, and administrators atrabn dop . said.parties of the second part,their heirs and assigns,that at the time of the aosealing and absolute these anofi asible eats they are well seized of the premises above conveyed. as of good, sure, perfect,• . gain, of rind n in law,in fee simple,and ha ve good right,fell power and lawful authority to grant, bar- and that the same are free and clear from former gain,sell andconveybargains, the same in mantes and form aforesaid, iwd encumbrances of whatever kind or nature'never. and other grants, ion sales,liens,tarn, a or of record, patent and miners. • EXCEPT irrigation ditches and laterials in place reservations, if any, and general taxes for the year 1971 and thereafter, and ex- feu any liens te sties of t est:con part d or of e 'on of the said created of the second part,their he e e veigns, eel Drennrti'IV.pub.m lawfully claiming or to claim the whole or any part thereof, heirs and parties artige against f the and p�shall person or tvnlWARRANT AND FOREVER DEFEND. the said TES H first partha ve hereunto aett'heir hand s and IN WITNESS WHEREOF the said part ies of the first part rev s the day and sear fest above written. i. - Signed,Sealed and Delivered in the Presence of R. Derpn Carmack Sinter Aoa+tneatac?F-Fag._ �,yC.,��f t— , _/ii:�(-“ .. [SEAL] ' Date JUN-2-1-1973-- Rita J tantactt _ r..S�}___-.. - [SEAL] STATE OF COLORADO, i 8 - Count?of Larimer J IiT I Ibefore me this 19th day of June The(ongoing instrument was aclmovledged . la73,1bC gt7Derin Carmack and Rita J. Carmack ��y,''��. •.., oh expires ,lit Witness my hand and official seal. w © My Commission expires May 4, 1975 / I I TA. O Y j P tc �- . ' P'r._llis 'rrarr_-cr.ill -- 0.MN. nent MteM.Dewr.CdreM�li western-1rslpenn or pe Joist h saata rt nunsermiiiia'a u.r per artba b n ewautlw or aerbW ea Its or u a t Pit. ouna tr utw: ngoo;u by or s of cot. •Io )t em Sart tame ara oo grah fen brat ubt a tesdeal or of er offer roof lmoob corporataa naming tt—aettaroea eltoraer-b-tact. bee loser of�ol oa r td fit palatial w other otrbua IoknotoledYem^tt `-' 'e-1 Colorado Revised Statute Int 1 A f I / -,,,- ) SEP 71973 _ : BOOK Rernrdsd at // •CC_ op'cAluct 'L..M., ANN Svovn NI ' Reception No i2Q �'1.. Recorder. A p t RECORDER'S STAMP 1 Tins DEED, Male this J;.y t day of August • I 18%3 ,between ' DREW II, IJESNER and TINA NARIE WESNER _ I C".. Skitn Documentary Fee SEP 71973_ of the County of and State of Doe _s.SEP ... � Colorado,of the that part,and .. sl..t.a ------ !I O ,D ROBERT U. LOf and NADINE W. LOY i .� ' ' r" of the County of and S44 of Colorado,of the second�art: li p'ITNE3SETH,that the said part of the first part,for and In consideration of the a of I Other Goo, and Valuable Consideration and Ten DOLLARS, Ita U to the said part lea of the first part in hand pall by the said parties of 4a second part,the receipt whereof is _ hereby confessed and acknowledged,have granted,bargained,sold and conveyed,and by these presents du grant,bargain,sell,convey and confirm unto the said parties of the second part,their heirs and assigns forever,not ' in tenancy In common but in joint tenancy,all the following described lot or parcel of land,situate,lying and i below In the County of Weld sod State of Colorado,to wit: ;r A tract of land located in the NE':; of Section 6, Township 7 North, Range 67 West [— of the 6th P.N., Weld County, Colorado, being more particularly described as i follows: Considering, the East line of the NE'. of said Section 6 as bearing'✓i South 00°00'04" West, and with all bearings contained herein relative. thereto: 1ti Cc'r^,encing at the Northeast corner of said Section 6; thence along the said East line, South 00°00'04" West, 1554.28 feet; thence South 86°58'21" West, 1,111.10 feet to a point, said point being the true point of beginning, thence South II 86°58'21" West, 188.62 feet; thence South 00°00'04" Vest, 134.05 feet; thence e South 87°07'44" West, 844.96 feet; thence North 00°25'06" West, 1,716.32 feet to a point on the North line of said Section 6; thence_ along said North line North 87°47'35" East, 1,034.09 feet; thence South 00°25'06" East 1,569.80 feet ro the true point of beginning. I I ! I I I .kEEk • IF • I • - • �1 N r--e I • SOOK r 699 o 1620734 TOGETHER with all and singular the hereditamenta and appurtenances thereunto belonging, or In anywise appertaining, the ion and reversions, remainder and remainders,rents,issues and profits thereof;and all the estate, right, title, interest, claim and demand whatsoever of the said prat les of the first part,either in law or p ,� -- equity,of,in and to the above bargained premises,with the hereditament,and appurtenances. TO HAVE AND TO HOLD the said premises ahova bargained and described,with the appurtenances,unto the saidco j parties of the second part,their heirs end assigns forever.And the said part iea of the first part,for them co sal vex ,theilheirs,executors,and administt.stnra do covenant,grant,bargain and agr•a to and with the o said parties of the second part,their i airs end assigns,that at the time of the ensealing and delivery of these Ares- ents they are well seized of the premises above conveyed, as of good, sure, perfect, absalutn and indefeasible estate of inheritance,in law,in fee simple,and have good right, fall power and lawful authorits to grant, bar- ,`` gain,sell and convey the same in manner and form aforesaid,and that the same ere free and clear from all former t` , and other grants,bargains, vales,liens, tuxes, assessments and encumbrances of whatever kind or nature soever. I A4 Except subject to lien of general taxes for 1973 and subsequent years as well as c.. ,] easements, restrictive covenants, and rights of way presently of record. N and the above bargained premises in the quiet and peaceable possession of the said parties of the second part,their heirs and assigns,against all and every person or persons lawfully claiming or to claim the whole or any part thereof, the said part ies of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF the said part ies of the first part have hereunto set the intends and seals the day ann. year first above written., [SEAL] WE Signed,Sealed and Delivered in the Presence of DREW II. WESNER • .. r I .1..!, ._.L..c..__.._..�,w' .t• [SEA,.) y TINA MARIE WESNER ..(SEA!.] COLORADO, Iae.nty of Larimerstrument was acknowledged before me this 31st day of AugustIle Werner and Tina Marie Wesner egg December 7, ,1974 .Witness my hand and official seal. • :. Ct;\\.3 A D'V '''It4. . . - / Notary Patella tp ., ' ifit-t� No-921. w a9ANTY DEED—Te Joist t,a',te.—nndfurd Publishing Co.,11e4el stout Stmt.Deaver,Colorado-3.73 e 1 •lf byy natural person or persons Ituro Insert name or names: If by m1Ten acting In repreeentntive r official m acne o nr a I' attorney-In-fact. turn Insert name f person ale executor. attorney-leo act or other acting, or desert°Wn 1 If by officer f cut- I potation then Insert name of such offeer or°Mora as ma prWdrnt ur otter OM:not of such onrpontloa,naming IL—gmlalory iAcknewiedpmctif,Deo. lit-d-I Colorado Revised Statutes 194]. 1 BOOK i° �, SE'r I u 19/3 Recorded at /.1 o'clxk Ifv N t 639 Rr^en{Iva No 1620904 ANN SPOMER Recorder. Reveler's Stamp THIS DEED, Made this 16th day of May e 1873 ,between R. DERIN CARMACK and RITA J. CARMACK • ,I Cl' of the County of Weld ,:Rate of I l- I Colorado,of the first part,and , .: '3 KEITH MULLINS and WEEDY C. MULLINS, as joint tenants ° -. t. • . c; of the County of Weld and State of • N Colorado,of the second part: p .1 • 1 i WITNESSETII,That the said part ies of the first part, for and In coasideratiot of the sum of ,y! (41R�C 1 ONE DOLLAR AND OTHER GOOD AND VALUABLE CONSIDERATION '-- ed a to the said part ies of the first part in band paid by the said parties of the secont rt, the receipt whereof is hereby confessed and acknowledged, have remised, released sold, conveyed and quit p claimed,and by these presents do remise,release,tell,convey and quit claim nolo the said parties of II ' o the second part, their heirs and assigns forever, nut in tenancy in common but in joint tenancy, all the right, title, intere^.t, claim and demand which the said parties of the first part have in and to the following described lot or parcel of land situate,lying and being iu the 0 County of Weld and State of Colorado, to wit: .—t A tract o£ land located in the NE$ of Section 6, Township 7 North, Range 67 West �-. of the 6th P.M., Weld County, Colorado, being more particularly described as w ti follows: Considering the East line of the NEti of said Section 6 as bearing N 00°00'04" E, and with all bearings contained herein relative thereto: Commencing at the Ely Corner of said Section 6, said point also being the true point of ',egin ning, thence along the south line of the NEts, S 87°07'44" W, a distance of 1299.5 feet; thence N 00 00'04" E, a distance of 686.37 feet; thence, N 86°59'02" E, a • distance of 1299.71 feet to a goint on the east line of aid Section 6; thence, Il . along the said east line, S 00 00'04" 14, a distance of 6P9.66 feet to the true point of beginning, containing 20.025 acres more or less and subject to a 30 foot right of way for an existing county road on the east side of the above described tract except irrigation ditches and laterals in place or of record, patent and e mineral reservations, if any, and protective covenants. This deed is given to correct the descripcions used in former deeds between the , 1 parties hereto recorded January 4, 1972 in Book 659 and bearing Reception No. 1581342 and recorded June 26, 1972 in Book 670 and bearing Reception No. 1592333 of the records in the office of the County Clerk and Recorder of Weld County. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privi- leges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest, and claim whatsoever of the said parties of the first part, either in law or equity, unto the said parties of the second part, their heirs and assigns forever, not in tenancy in common but in joint tenancy.• IN WITNESS WHEREOF,The said part ies of the first part have hereunto set their hands and seals the day and year first above writtery ;Y ' t 'SEAL] SEAL ./c -: :a( flc Signed, Sealed and Delivered in the presence of R. Darin Carmack • ' 7 .. t..:......,.e ..'.,:n:.=..: ]SEAL] I Iii ....___..__. ._ 1111.id Carmack .� Iii ]SEAL] 1 ',i STATE OF COLORADO, County of i The foregoing instrument was acknowledged before me this day of July 19 73 , by R. Derin Carmack and Rita J. Carmack My commission expires • WITNESS my hand and official seal. Noun rusu.. u Na.9a2. "Nrr CLAIM DEED.—To land To^^µ—Undled PualaalY Ca.IpiHa Stout tlt^o4 0 auWM1d�—bur • st ri 1621'779 700 51 INSTALLMENT LAND CONTRACT I • j THIS AGREEMENT, made this 31st day of August, 1973 N by and between DREW H. WESNER and TINA MARIE WESNEP, hereinafter called the "Sellers" .and DALE A LEACH and(DIANE F. LI:ACiIT here- . �,.,......_._._..._.__ _. inafter called "Purchasers" . .,_f T WITNESSETH: For good and valuable consideration and - ' e to sell any Purchasers • the promises herein contained, Sellers agre o agree to purchase the following described property s.itu“,.e in the i ',3 County of Weld, State of Colorado to-wit: `� ! .4 A tract of land located in the NE; of Section 6, Township 7 North, i • 1 Range 67 West of the 6th P.M. ,. WELD COUNTY, COLORADO, more parti- • cularly described as follows: Considering the East line of the NE1 of said Section 6 as bearing South 00°00'04" West and with _ all bearings contained herein relative thereto: Commencing at the Northeast corner of said Section 6, said corner also being - ! o,: the true point of beginning; thence along the said East line, N South 00°00'04" West 1554.28 feet; thence South 86°58'21" West 1111.10 feet; thence North 00°25'06" West 1569.80 feet tc a point on the North line of said Section 6; thence along said North line North 87°47 ' 35" East 1121.81- feet to the true point of beginning , ! A - ; 1 including all oil ras and, other minerals owned by the Sellers lying in or under said lands and all rater and water rights, i' ditch and ditch rights appurtenant thereto or used thereon in- -1 1 eluding 10 shares c= the capital stock of the North Poudre ! Irrigation Water; but subject to rights-of-way for roads, ditches, utilities, general taxes for the year 1973 and thereafter, re- strictions, reservations and covenants of record and RESERVING ,: t H to Sellers all growing crops on said property including the F,. ,i ' right to remove the same in 1973; F1! f for the purchase price of $60,000.00 payable as follows: $6,000.00 Jfi "SS paid concurrent with the execution of this agreement, the receipt "� � and sufficiency of which is hereby acknowledged by Sellers. The l remaining balance of $54,000.00 shall be due and payable on or before the 31st day of August, 1976; with interest at 8.75% per r annum : rpm August 31, 1973 and payable August 31, 1974 and on the ! 4 31st day of August of each year thereafter until August 31, 1976 at which time the principal and interest shall be fully due and � eayab)u. 3 1 The Purchasers shall be permitted prepayment of prin- t `'l :_ ciple in L'. year 1973, provided such prepayment shall not ex- r 1' ceed 29% of the original purchase price. Thereafter the Purchasers• shall have the right to prepay principle without-penalty at any • , time. • All payments made hereunder shall be paid at the resi- F, 4 , "l I u , • • 1621"r/9 700 a- ¢ j dence of the Sellers at 2213 Loyola Avenue, Fort Collins, Colorado 80521 or as they may hereafter direct. It is further agreed, by and between the parties hereto, that when the Purchasers pay the total of $10,000,00 on the crin- i cipal balance they will be entitled to delivery of a warranty deed conveying a tract for a building site with a 200 - t front- age on the county road on either the north or east boundary of , .. I said tract and 400 foot depth. The description of said tract shall be determined by a survey which the Purchasers shall obtain ff� at their expense. The deed conveying said tract to the Purchasers shall be free and clear of all liens and encumbrances except general taxes for the year 1973 and thereafter and liens or en- • cumbrances as may be created by or through the Purchasers. a . : The Sellers hereto agree that they shall obtain an accurate survey of the above described property by a registered Y: E Engineer and a copy of said survey shall be furnished to the Purchasers within 30 days from the execution of this agreement. Time is of the essence of this agreement, and in the event the Purchasers shall fail to make any payments as herein provided at the time the same shall become due as herein agreed, the Sellers may, at their election, terminate this agreement by giving the Purchasers 45 days notice in writing addressed to the Purchasers + y� at 4009 East County Road 30, Fort Collins, Colorado 80521. In ;9 the event of such election and failure of Purchasers to correct AAA.14 their default within said 45 day period of time, this agreement shall be terminated and the Purchasers shall forfeit all payments• made hereunder to the Sellers to apply upon damages sustained by the Sellers as a result of the default of the Purchasers, It is agreed that when all of the payments of principal and interest herein provided for have been made the Purchasers shall be entitled to and the escrow agent shall deliver a good and sufficient warranty deed as described in said escrow instructions. Said warranty deed shall be executed at the time of this agreement f 1 . 22 R • 700 1621779 . -- s3 and shall be delivered to the escrow agent. The property ccnteyed shall be free and clear of all liens and encumbrances except_ those created by or through the Purchasers. In the event Lh,e� Purchasers take title to the tract, 200 feet by 400 feet, as p; , herein provided, said warranty deed in escrow shall be amended to exclude said tract as may be delivered to the Purchases. Pu - chasers shall execute a quit claim deed to Sellers to be deli- vered to the escrow agent for delivery to the Sellers in the u event this agreement is terminated as herein provided. I General taxes for the year 1973 shall be prorated an of the date of this agreement. Sellers shall pay the 1973 water 'l. assessment to the North Poudre Irrigation Company which is due • • and payable on or before October 1, 1973. Thereafter, commenc- eing with the 1974 general taxes, Purchasers shall pay all real � estate taxes and all water assessments as the same become dun and before the same become delinquent. If the Purchasers default • ' in the payment of taxes or water assessments and the Senors pay the same, such amount paid by the Sellers shall be added to the l). purchaser price. Possession of the property shall be granted to the Q' Purchasers at the time of closing except the Sellers shall re-'i _. tain possession of the property for the purpose of removal, harvesting and storage of the crops grown during 1973. ,l -` 't The Sellers shall have a prior lien on all crops of ..i any nature until all payments of interest shall have been paid ' in full for each year during the term of this agreement. rt ��((((h An abstract of title to said property, certified to at _ ' .. least the date of this agreement or a title insurance policy as evidenced by a title commitment i,; an amount equal to the pure ' .se price at the Sellers option and expense shall be furnished to t 'e e Y 4 • Purchasers on or before September 7 , 1973. The abstract of title ' :r or title insurance shall disclose merchantable title in the Sellers i t 1.(;21.719 700 } ti and said title shall be presumed to be marketable unless within . 10 days within the delivery of the abstract of title or cotunit- ment, Purchasers shall deliver to Sellers written objections to said title. The First National Bank in Fort Collins, Colorado, is hereby designated and appointed escrow agent for the parties to . do and perform the acts and things hereinafter contain. . (a) To receive the above mentioned warranty deed, quit claim deed, 10 shares of Northern Poudre capital stock and assignment, and a copy of the herein agreement. (b) When the Purchasers have paid the full purchase price to deliver said warranty deed and 10 shares j( capital stock assignment to the Purchasers. i ._ (c) Upon satisfactory proof of default by the Pur- chasers in the performance of any of the cove- nants as contained in said agreement to ',e per- . formed by Purchasers, said escrow agent shall deliver all documents herein to Sellers. (d) The escrow fee shall be divided between the parties hereto and the Sellers and Purchasers agree to execute a standard form of escrow t , instructions. . The Purchasers shall not assign this agreement or any of their rights hereunder without first obtaining the Sellers' consent in writing. Each of the parties hereto agree to pay the usual and customary expenses and costs for the closing of this agreement. # It is agreed that Double E..gle Properties is the agency handling ` , this transaction and the Sellers agree to pay a commission of 68 of the gross sales price -for services rendered in this trans- action. a This agreement shall be binding upon, the parties hereto, ::, their executors, administrators, heirs, personal representatives a“... assigns. IN WITNESS WHEREOF, the parties have hereunto set their 1 - hands and seals the day and year first above written. SELLERS: PURCHASERS: ,r' /. . 2 c. _ STATE OF COIORADO ) ) ss. County of Larimer ) t The foregoing Installment Land Contract was acknow- ledged before me this (i; day of ' ; , 1 ; 1973, by Drew H. t'iesner, Tina Marie Wesner, Dale A. Leach, and Diane F. Leach. k • Witness my hand and official seal. i I1 ;•..\\QTA�Y'','... My commission expire;: y C): C .. . a • P I r UBI C tI n, Notary Public tt I .1 1 r I I t , Ij, A I 1 $ $ I I 1 9 dt 4 $ k 3 a 1 } 1 1 j y ty d5 1a t } • • • • • eooK 703 v, NOV 27 1973 t• F' Recorded of.:. ._...o'clock IA ( t, Dc r 1 �� Re No__ 16-`g��_--..Mn Sportier, Recor:n I 7 �rY •"-..-d...1 f FIRST nrrn nr TDuict I '" NeTintiniF" I BANK (open end) U THIS DEED OF TRUST, Mode the 20th day of November ,A.D. 1973 , n between ROBERT H. LOY and NADINE W. LOY to County • . . Oof Lorimer ":. til,V whose address is 834 Sunrise Avenue, Ft. Collins herein(whether one or more in number)called Grantors, and the Colof the County of WeldKr Snd rho PColc adoTrus,ah r l est Stale of Colorodo, herein called Luslee, and First National Bank herein called Beneficiary, whose address is 105 Wesl • n' Oak,Fort Collins,Colorado. s WITNESSETH,THAT WHEREAS Grantors are indebted to Beneficiary for money loaned in the principal sum of($33,750) t, THIRTY THREE THOUSAND SEVEN HUNDRED FIFTY AND NO/IOOTHS dollars with final maturity on January 2 174 d t and and with interest at the role expres Lin a note hereinafter referred to until maturity, as evidence according • '� to the terms of a promissory note of even dote herewith, mode by Grantors and payable to the order o. 0enelicmry; and; 4 WHEREAS, Grantors may hereafter become indebted to Beneficiary for additional money loaned with interest thereon, each such loon to be evidenced by promissory note or notes of Grantors, such additional sate or notes to be identified r" by recital therein that it or they are secured by this tee', of trust, and such additional note or notes shall be included in tr-- the word"note"whenever i1 appears in the context of this deed, and WHEREAS, it having been agreed that the payment of said indebtedness evidenced by the note above named or such o additional note or notes above referred to shall be socu:vd by oil conveyance deed of he lands herein described. e�ho The Public oo itastee may, upon the production of said note, duly cancelled, E. t said additional advances or the production of the cancelled notes •:..dencing such note and advanceslien and any i suuh advances.ut liability tar so doing,and such release shall constitute a release of the lien of said c i.dmA NOW, THEREFORE, Grantors in consideration of the debt and trust herein mentioned and the performance of the covenants and agreements herein contained do by these presents bargain, sell, give, grant and convey to Trustee the following described real estate situated in the County of Weld arid State of Colorado,to-wit: Y• A tract of land located in Section 6, T7N, R67W, of the 6th P.M., WELD COUNTY, COLORADO, being more particularly described as follows: Considering Section 6 as aring S 870471 35"the W, andth line of l d withallbearingscontainedherein relative thereto: Commencing at the NE Corner of said Section b, thence along the said North line, S 87047' 35" W. 1171.87 feet to the TRUE POINT OF BEGINNING. • Thence, S 00O25' 06" E, 400.00 feet; ' thence, S 87°47' 35" W, 200.00 feet; thence, N 00o25' 06" W, 400.00 feet to a point on the h lineted fht the eRsasaid d01ecSection 6; thence, along the said North line, N 87s 47 35 ' , e0or he OF BEGINNING. ' 1 • Together with all buildings and improvements now or hereafter erected thereon, and all screens, awnings, shades, blinds and heating, lighting, plumbing, gas, electric.ventilating,refrigerating and aircondiliomng equipment used in connection therewith, all of which, under this instrument, shall be deemed an accession to the freehold and a port of the realty as between the parties hereto. TO HAVE AND TO HOLD the same with all the rights, privileges and appurtenances thereunto belonging to Trustee and to his successors and assigns Reeve., in trust,however, for the uses and purposes as herein expressed. The Grantors further agree that they will nut make any voluntary inter wives transfer of any rider vrvos contract for the • transfer of the premises or any port thereof, without first obtaining the written consent of the beneficiary. Any such transfer, if the beneli_iary shall not so consent, shall constitute a default under the terms of this instrument and the Grantors shall pay to she beneficiary, in addition to the whole indebtedness secured (as herein provided in event of default), a prepayment lee to the extent that such shall be lawful, calculated on the oumunl of principal d at the rate as though the Grantors hod elected to prepay the indebtedness in occur dance with the terms of the note secured hereby. TO BETTER SECURE THE INDEBTEDNESS ABOVE REFERRED TO,GRANTORS nHy EREBYi nCOVENANT AND AGREEr: • I. To keep the buildings and other Improvements now of hereafter erected on the premises in good condition s lortntlon and repair, nl v bubut to ro mach, dan,ollsh o, rged Of for other tooacointendedh all laws requiring alterations t u improvements to be made, not to may be damaged or destroyed, comply r mode, to commit or suffer any waste or any use of the properly control y to restrictions of retard or contrary to CZ, laws, ordinances or regulations of proper public authority, and to permit Beneficiary to enter at all reasonable times for the purpose of inspection. 2. To pay, together with and in addition to the monthly payments of principal and interest payable under the follow- ing o the note secured hereby,to the beneficiary,on the 1st day of each month until the said note is fully paid, the sums: • (a( An amount sufficient to provide the holder hereof with funds to pay the next mortgage ,nsu,ance premium if this s insb ument and the note secured hereby are or shall he insured by a private mortgage insurance company, at by ` any governmental agency, as the beneficiary hos elected or shall elect. The amount so computed will be an amount sufficient to accumulate in the hands of the holder one month prior to its due date the annual mortgage insurance premium, in order to provide such holder wilh the funds to pay such p r e,niurn to id all sur,ielec ce company or agency. In the event that the beneficiary does not elect to insure such payments, add tutut ssh payments charge additional interest in lieu the,eel according to the terms of the promissory note, such ipol and l inteestepaymentsbe secred by rs and srhall allow accceletatlon the ally othel thereat sall r remedies considered heroin oained us in the default r c the case of any ,. other default. __ ._`..,..._..._.n...__inr,.r ��. •,.x. .. _ .•_lid 5(�t,.W 1vw..•— .�� "7(13 1625453 , thepremiums that will nest become due and payable and-2' 7 • idl A lam equal to the ground rents,it any, next due, plus pii policies of fire and other hazard insurance on the promises covered hereby, plus taxes and assessments next due { y on these premises loll as oil'mald by the heuliciary) less all tunis already paid therefor divided by the riunibet j� y of months to elapse before one month prior to the dole when such ground reels, premiums, taxes. ( 1L{{sL meets will botanic delinquent, such sums to Le held by the beneficiary In trust to pay said ground fords, pre- miums,taxes,and special asosfntenl+;and (c) All payments mentioned in the two preceding subsections of this paragraph and all paA it me eene ,e,....eu ....coy since ,e ue-eu ...,....ei ...el :Le iggiegutu oirioei ;tie, -if yments to beII'f e e under ,} each month in a single payment I replied by the beneficiary to the following items in the order set larlh: (I) premium charges under the co roct of insurance with the private mortgage insurance company or government agency,or monthly charge(in lieu of mortgage insurance premium), as the case may be,rt (III taxes,special assessments,lire and other hazard insurance premiums; (Ill) interest on the note secured hereby;and• i) (IV) amortization of the principal of said note. - II Any deficiency in the amount of such aggregate monthly payment shall, unless made good by the grantor prior ;i to the due dole of the next such payment, constitute on event of default under this Deed of Trust. The grantee d may collect a "late charge" not to exceed live cents (5C) for each dollar (SI) of each payment more than fifteen 1 (15)days in arrears to cover the extra expense involved in handling delinquent payments. ti 3. To keep the properly free from all prior liens and to pay and procure release of any lien which in any way mayi I impair the security of tins deed of trust. 4 To pay all costs, fees and expenses of this trust, to appear in and defend any action or proceeding pup orting to affect the security hereof or the rights or powers of Beneficiary or Trustee, to pay all costs and experi^ including costs of evidence of title and attorney's lees in a reasonable sum, in any such action or proceeding wnich Bene• llciary or Trustee may appear and if foreclosure be made by the Public Trustee an attorney's fee of five per cent of t the indebtedness hereby secured, for services in the supervision of said foreclosure proceedings shall be allowcd by the Public Trustee as a part of the costs of foreclosure, and if foreclosure be made through the courts, a reasonable attorney's lee shall be taxed by the court as a part of the costs of such foreclosure proceedings, but not less, in either ' event,than the sum of$500.00. 5. Thal should Grantors fail to make any payment or to do any act as herein provided, the Beneficiary or Trustee, but 'y' without obligation so to do and without notice to or demand upon Grantors and without releasing Grantors horn any t obligation hereof, may, make or do the some in such manner and to such extent as Beneficiary may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon sold property for such purpose, r I appear in and defend any action of proceeding purporting to affect the security hereof, or the rights or powers ofi. Beneficiary or Trustee; pay, purchase, contest or compromise any encumbrance, charge or lien which in the judgment al Beneficiary appears to be prior or superior hereto, and, in exercising any such powers, pay necessary expenses, employ counsel and pay his reasonable fees. O. To repay immediately and without demand all sums so expended by Beneficiary of Trustee with interest from date of expenditure at the highest tale thereon that may now be lawfully contracted for in writing by a nom corporate maker. I 7. That they are seized of the premises above described in fee simple and have g.od and lawful eight to convey the ' some; that they are free and clear from any and all encumbrances whatsoever; and that they do hereby forever _ g warrant and will forever defend the title and possession thereof against the lowrul claims of any and all persons ( 1r. fj whomsoever, and hereby fully and absolutely waive and relecse all rights and maims they may have in Or to said eQ premises as o homestead exemption under and by virtue of any act of the General Assembly of the Stale of Colo- 9 rado now existing or which may hereafter be passed in relation thereto and that none of the premises herein described constitute agricultural real estate regardless of the manner in which it is described in this deed of trust. B. Grantors covenant and agree that it the loan secured hereby is obtained to assist ie. financing building construction or remodeling,or any other improvements to the propel ty: (a) if such improvements shall not, in accordance with plans and specifications approved by Beneficiary.be completed prior to the expiration date of the loan commitment, or (b) if pp work on such improvements shall cease before completion and remain abandoned for a period of fifteen consecutive I') 1 days, the existence of either circumstance shall constitute an event of default under the terms of this instrument and (I at any lime thereafter the said note and the whole indebtedness secures hereby shall, at the option of the Bene- o• floury and without notice to Grunions (such nonce being hereby expressly waived), became due and collectible ollllee tibleeat ) t once by foreclosure of otherwise. In the event of such cessation or abandonment of work as aforesaid,v y x may, at its option, also enter upon the property and complete the improvements and Grantors hereby a to Elene- liclary lull power and authority to make such entry and to enter into such contracts or arrangements as it may consider necessary to complete the same. All moneys expended by Beneficiary in connection with completion of said d ately I improvements s shall b, with i in rest the at the rate t of twelve ness hereby persecured cent per annum.be payable thea by loan shall have beerantors n fully _ t, dad without demand, • y disbursed, the agents of the Beneficiary shall hove the right to enter upon the property at any and all limes to 4 inspect the improvement project that is under way. . • PROVIDED ALWAYS,that upon ful'payment of the debt hereby secured and full performance this of trust shall covenants d, agreements herein contained, . the time and in the manner herein specified, and shall be released in the manse necilied by law, but at the expense of Grantors, otherwise to be and remain in full force and effect. w. S: II IS MUTUALLY AGREED THAT: or taking ol, any part or all of said property is hereby I. Any award of damages under condemnation for injury to, as above provided saidd rop insurance loss t- assigned to Beneficiary wielt !ulhonl too apply or release the moneys received, z proceds. E v. 2 As additional security,Grantors hereby assign all present and leases and grant to Beneficing?right,the right,to any power r 6 Il r 'y and authority to collect the rents, issues and profits of said properly, reserving collectoo Grantors retain r the such tentsprissrues and t s� ' default by Grantors under the terms of said note or this deed of trust, I' ". T'' profits, but only as they become due anc payable. Upon any such default, whereby rho right of foreclosure occurs hereunder, the Beneficiary or the holder at the indebtedness or certificate ofsale shall at once ebecome entite dr to°'he position, use and enjoyment of the property aforesaid,and to the rents, issues u profits n ` of such fi and during the pendency of foreclosure proceedings and the period of redemption, if any there be; and d ighi 1y is such possession, etc., shall at once be delivered to the Beneficiary or the holder of the iindebtedness ar certificate of f 1'b ,' , sore on request, and on refusal, the delivery of such possession may be enforced by the Benel nary or lie holuer al ,y n c• the indebtedness or the halite( at such certificate by any appropriate civil shall be proceeding, rs entitled rlo a Receiver for Ise d prof. �r\� s the holder of the indebtedness Of certificate of purchase, or any thereof, i�� 'l? petty and of the rents, issues and profits thereof, alter any such default, including the time covered by foreclosure r proceedings and the period of redemption,if any there be, and shall be entitled thereto as a matter of regard right without r of then r7iT' regard to of the solvencys plroperty, and insolvency sucn Receiver may be appointed by any court of sold conpetent jurisdiction and sdctionwithout upon to the parte x nand the appointment of any such Rrrtervar, on Ili ' • application,a and without notice, notice t being hereby expressly waived,the h, PP r thorn, and s. A. any such application without notice being hereby consented to by Gf anion for and on (heir own behalf and on . the behalf of their heirs, assigns and legal representatives, and all persons claiming by, through or undo p all rents, issues and profits, income and revenue of said properly shall be applied by such Receiver according cco Jng to law and the orders and directions of the court part, or of any J. Upon thereon,l orlon the ethe payment epayment lofhany funds ee note or xpended by theBene, in ficiare y at a hereinabove pint Theo dea or n the parlor. mm�ce of any -orenant contained herein, the whale Indebtedness hereby secured, 1 f' • "°I 1625453 t 7(13 3- 3 i t in.nedrately become due and payable without notice or demand, al the option of the Beneficiary (notice of the t. exercise of such option being expresslywaked), then upon notice and demand in writing filed with the Trustee, as provided by law. it shall and may be lawful far the Trustee to foreclose this rive,I _I n''' , c.-4 vu. or rev.,rev.,disposeE said premises en masse or in separate parcels las • Trustee may think best), and all the right, title and interest of jfF the Grantors, their heirs and assigns therein, at public auction at the east hoist door of the Cou 1 House in the 1. County in which the property herein described is located, or on said premises or any port thereof, as may be specified in the notice of such sale, lot the highest and best price the same will bring in cash, lour weeks' public • sy notice, having been previously given of the lime and place of such sale, by advertisement, weekly, in some news- F •r paper of general circulation then published in the County aforesaid or by such other notice as may then be required 1. { by low, and to issue, execute and deli'Cr his certificate of purchase, Trustee's Deed andior certificate of redemption 4 all as then may be provided by law; and the Trustee shall, out of the proceeds or avails of such sale, alter first paying and retaining all fees, charges, the costs of making said sole and advertising said premises, and attorney's r lees os herein provided, pay to the Beneficiary hereunder or the legal holder of the indebtedness the amount of • such indebtedness, and all moneys advanced by the Beneficiary or legal holder of the indebtedness for insurance, • tuxes and assessments, with interest thereon at twelve per cent per annum, rendering the ov er plus, if un y, unto 3.1 Grantors, their legal representatives or assigns, which sole or sales and said deed or deeds so made shall be a perpetual bar, both in low and equity, against the Grantors and their heirs and assigns, and all other persons i claiming the premises aforesaid,or any part thereof by, from, through or under the Grantors. The legal holder of the indebtedness may purchase said property or any part thereof, and it shall not be obligatory upon the purchases or purchasers al any such sale to see to the application of the purchase money. 1f o release deed is rem r red, the Grantors.their heirs or assigns,hereby agree to pay all the expenses thereof. 4 Beneficiary shall be subrogated to IF e lien of any and all prior encumbrances, liens or charges paid and discharged i from the proceeds of the note hereby secured, and even though said prior liens have been released al record, the repayment of said note shall he secured by such liens on the portions of said premises affected thereby to the extent • al such payments,respectively. t 5. That Grantors will pay the indebtedness hereby secured promptly and in lull compliance with the terms of said note ,. ( and this deed of trust. 6. Without affecting the liability of Grantors or any other person (except any person expressly released in writing, for .E;.t payment of any indebtedness secured hereby or for performance of any obligation contained herein, and without t affecting the rights of Beneficiary with respect to any security not expressly released in writing, Beneficiary may. at Fs any time and from lime to time, either before or after the maturity of said note, and without notice or consent; (a) release any person liable for payment of all or any part of the indebtedness on for performance of any obligation; (b) make any agreement extending the tune or otherwise altering the terms or payment of all or any port of the Indeht• edness, or modifying or waiving any obligation, or subordinating, modifying or otherwise dealing with the lien or charge hereof; (c) exercise or refrain from exercising or waive any right Beneficiary may have; (d) accept additional security of any kind; (e) release or otherwise deal with any properly, real or personal, securing the indebtedness, including all or any part of the property conveyed hereby. 7. Whenever by the terms of this instrument or of said note Beneficiary is given any option, such option may be ever, i } cised when the right accrues,or al any lime thereafter, and no acceptance by Beneficiary of payment of indebtedness y in default shall constitute a waiver of any default then existing and continuing or thereafter accusing. 4 r B. The stipulations and agreements herein contained ore loin, and several, and shall inure to the benefit of the heirs, • III executors, administrators, vccessors grantees lessees and assigns of the parties hereto, respectively, and the :arm 1 ( j ''Bene(iciar y''shall include the owner and holder al the note hereby secured y g. Notwithstanding anything in this deed of trust or the note secured hereby to the contrary. neither this deed of trust nor said note shall be deea,ed to impose on the Grantors any obligation of payment, except to the extent that the same may be legally enforceable;and any provision to the contrary shall be of no force or effect. .� IC.In the event any monthly instalment(whether payable under the note or this deed of trust or both) is nor paid within lifleen days from the dale it is due, Grantors agree to pay, it charged by the Beneficiary, a 'late charge'' of not '1. more than five cents for each dollar so overdue, to cover extra expense involved n handling delinquent payments. '1 I I.As additional security for the repayment of the indebtedness hereby severed and the payment of loxes, special assesr (' menis, grourd rents, and other charges and fire and other hazard insurance premiums. Grantors agree to deposit :is with Beneficiary, if requested by it, monthly or other periodic payments in amounts, which, as esb,rruled by Bene- I. ficiary from time to time,shall be suffivient to meet, os they become due, such taxes, assessments, rents, charges and ` premiums. If at any lime the lands so held by Eeneficlary shall be insufficient to pay any lox, assessment, rent, i6 charge at premium,Granters shall,upon receipt of notice thereof, immediately deposit with Beneficiary such additional • lends as may be necessary to remove the deficiency. It is agreed that all sums so deposited shall be irrevocably appropriated to Beneficiary in bust, to be applied to the payment of such taxes, assessments, rents, charges and premiums,and at the option of Beneficiary,after default, to be applied hereunto heindebtedness hereby secured fc and Ir. IN WITNESS WHEREOF, the said Grantorsttheir T5. coxed their seals the day and year fist have vve written. i I. 7 �' y 1 Signed,sealed and delivered. s� A /y/-� 1 f'"betx-r, 4.Loy /s! V l t [SEAL( Robert H. Loy • i .G.I.L�.I vc C..../2// ' -P'Yt t 1+t -.4SEAL( • Nadine W. Loy [SEAL( II County Road /MO, Weld County, CO • • '.". STATE OF C0L0RAD0,• ' �u • 4 � '•••''.f'/ •.,, County of Larlmer ; H R y' November ` •'..xV 'rye forgoing instrument was acknowledged before me this 20th day of Pi, t . PjB\--\ :ROBERT H. LOY AND NADINE W. LOY i . ,19 �5 linen my ha and of icial al, a. my commission expires March 25, -67( �t///{////y,/,rpd/9/ • • „: Notary Public ). Harvey G. sbitt g .; , ,or a: m.a at.� t�t«h...1L....id., i''4 1G45'158 75 S.i.1.F SHtHCE..llt.___.Recordsr. ,4 Reception No... - j'_1. P RRCORDER•g STAMP i', 'Pins DEED, Made this 17th day of September Actual consideratic;!, -C 19 74 , between ROBERT H. LOY and NADINE W. less than $500.00. .,1 I LOY, husband and wife, ' t ' , l � a. of the County of Lari.ner, and State of Colo- , -'`""" rado,of the first part,and DREW H. WFSNER and TINA I We .n i; , a., ic......° L,....a..'- the of.73 County of Lar • imer, and State of Colorado,of the second part; o, WITNESSETH,That the said parties of the first part, for and in consid.rntion of the sum r' of -Dollars, other valuable of the p ion and TEN- ies of the second part, the ' t° to the said part ies of the first part,in hand paid by the said part r' receipt whereof is hereby confessed and acknowledged, have granted,bargained,sole and conveyed, ri and by these presents do grant, bargain, sell, convey and confirm unto the s-... parties of c� the second part, their heirs and assigns forever, all the following described lot or parcel of land,situate,lying and being in the County of Weld and State of Colorado, to wit: A tract of land located in the NE 1/4 of Section 6 ;-= Township 7 North, Range 67 West of the 6th P.M. , Weld County, Colo- cc rado, being more particularly described as follows: Considering the f. East line of the NE 1/4 of said Section 6 as bearing S. 00°00'04" W. '7 and with all bearings contained herein relative thereto: Commencing ` '" at the Northeast corner of said Section 6; thence along the said aid1Eas' line, S. 00°00'04" W. , 1554.28 feet; thence S. 86°58'21" W. , .10 feet to a point, said point being the true point of beginnning, thence S. 86°56'21" W. 188.62 feet; thence S. 00°D0'04" W. , 11 et; thence S. 67°07'44" W. , 844.96 feet; thence N. 00°25'08" W. , 1716.32 feet to a point on the North line of said Se- tion 6; thence along said North line N. 87°47 35' E. , 1034.09 fee ; thence S. 00°25 06" E , 4 1569.80 feet to the true point of beginning; EXCEPTING THEREFROM A tract of land located in Section 6, TownshipRange 67 7dees 7 6thscribed follow*: Considerng the North line of the NE 1/4 Of sal Y ,p Section 6 as,bearing S. 87°47' 35" W. , and with all bearings contalne• herein relative thereto: Commencing at the NE cojjner of 1 Sectionsaid7 thence along the said North line, S. 87°471 ?.5 1 fee 60 theTrue Point of Beginnin Thence, S. 00°25 06"°E. 490w.00 feet- heic S. 87°447' 5 W. 2� 0 feet; hence N 06025 06 thedce 0lpn• etsaaida o Itj1opethN N a47t-7s E tiu0Subdfeet toonthe True tom '- if innin• ji, ogether with a and singular the hereditaments and appurtenances thereunto belonging,or in any- 9 wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and '', profits thereof; and all the estate,right, title, interest, claim and demand whatsoever, of the said part ies of the first part,either in law or equity,of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bar- gained and described, with the appurtenances,ns forever. unto the said part ies of the second part, their heirs and assig And the said part ies of the first part, for there'dyes , their heirs,executors and i administrators, do covenant, grant, bargain and agree to and with the said parties of,the second part, their heirs and assigns, the above bargained premises in the quiet and peaceable possession of said parties of the second part, their heirs and assigns, against all all or under and every person or persons lawfully claiming or to claim the whole or any part thereof,by, the said part ies of the first part to WARRANT AND FOREVER DEFEND._ IN WITNESS WHEREOF,The said part ies of the first part ha ye, ¢ereuniaset their a hands and seals the day and year first above written�C{{C4C2 � // } [SEAL] Signed, Sealed and Delivered in the Presence of -RgJBert 11. Loy( / r ...l+/L,?.l� i t• JF ' r'. ]SEAL] Nailxne W. Loy �� I [SEAL] STATE OF COLORADO, lee. County of Latimer, ) 17th dv of September , �1p'foregoing Instalment was acknowledged before me this husband- and wife. £ Fp7ij`:•;by Robert ti. Loy and Nadine W. Loy, f ' rb• , Is78 Witness my hand and official seal. I : .My'c✓mmis t elplra January 22 11 { I J1's r �/ u.... a Notary) � J ( J 1 •If by natural harem or parsons here inert mina or nanlee:U by tenon satins in RDMr nlW.n or oft tot t°.Yci of�a attorney-In-tact. then inner' " or D•rnon ,xeCa:or attorney-rn-fact or other capacity d.'xf rip tlan: II Y 1lr poration.then insert name of such anklet'or officers.as die pnatdeat or other officers of• ch corporation.naming It—Placatory ncknmeledarufnl.8s•sW' L11. J C7 BOOK Recorded OCT - 9 1974 at %O'CLOCK! 72` 1646428 5. LEE SHEHEE, JR. Recorder Reception No. l` 1 1 Release of Deed of Trust CD THE PROVISIONS OF THAT CERTAIN DEED OF TRUST dated the 31st o September -!! day of August , 19 73, and recorded on the 7th day of Se p under Reception No. 1620795 19 7 3, in Book 699 XaChai in the office of the Clerk and Recorder of the County o- of}I OW1 , State of Colorado, executed by Robert H. Loy and Nadine W. Loy Weld c: for the use of Drew H. Wesner and Tina Marie Wesner i I having been complied with, the indebtedness secured thereby having been paid, or the purposes of o lollitrust having been fully satisfied, I, the undersigned, Public Trustee for the said County of =Sot, at the request of the legal holder of the said indebtedness, do hereby release said Deed of Trust and do hereby release the property therein described from the lien thereof. The cam celled Note and Deed of Trust are now on file in the office of the Public Trustee of JINX wx County, Colorado. Executed this 7th day of October , 1974 aleA Public Trust for the County oriEwelffa*f, Colorado V Weld Weld To the Public Trustee of Z]fiflfrlfH County, Colorado: The indebtedness secured by the Deed of Trust described above has been paid, or the purposes of the said trust have been fully satisfied, and I hereby request you to execute the above release. I „ 1 Legal holder of the indebtedness secured by said Deed of Trust STATE OF COLORADO Weld ss County of i ) The foregoing instrument was acknowledged before me this 7th day of October , 1974 , by L. ,:avne ..ells as the Public Trustee for said County Weld of ygsi % State of Colorado. Witness my Hand and Official Seal. My � ditye9rtpires: Feb . 2O, 17F rfr�R• /1;0 Pu B l\L Notary Public ^ •�4 If Cg`0l�. RELEASE OF DEED OF TRUST BY THE PUBLIC TRUSTEE—Short form. Public Trustee for Larimer County. Colorado. 1//Lc I Recorded at .o'clock . N., OCT 2 3 1974 ',It-sic.,) Recertion No 164'72rlfr S. LEE SHCHEE, 1R Recorder. i �:7-- NE'CORDRR'S STAMP J 'CtL day of October Actual cons ideratfor 6 Tins acre Had,) , 1914 between ROBERT II. LOY and NADINE W. less than $5OU.00. I LOY, husband and wife, f,` I of the County of La Isle, and State of Colo • - rado,of the first part, Ind DREW H. WESNER and TINA � MARIE WESNER, a., joint tenants, + • "f of the ,; +� County oY Larimer, and State of Colorado,of the second I .-1 part; k. o. WITNESSETH, That the said part ies of the first part, for and in consideration of the sum 1 r" of• Dollars, { other valuable consideration and TEN ., to the said parti.es of the first part,in hand paid by the said parties of the second part, the ` ,, receipt whereof is hereby confessed and acknowledged, ha ye granted,bargained,sold and :onveyed, and by these prerents do grant, bargain, sell, convey and confirm unto the said y...t ies of the second part, their heirs and assigns forever, all the following described lot or parcel of land,situate,lying and being in the County of Weld and State of Colorado, to wit: A tract of land located in the NE 1/4 of Section 6, Township, 7 North, Range 67 West of the 6th P.M. , Weld County, Colo- r� rado, being more particularlyidesri4e ass follows: Considering he fl' East line 1ff the NE 1/4 of Sul Section W. atdthetortheastrorrneroofasaid herein relative thencehallongg theCommencing s 1554.28, feet; thence S. 86°58 21" W. , ii11.10 feet, S. 00°00 noire 04' li ppbeginning, ! enc SCe 86°58a'21 iW. , 188{.620 feet'f,thencee Sir 00°00}04"oW. 15eet; thence toga oint on the'North§line thence Section°6; t tthence'along.32 • ,'.;I tt 1034 09 feet; thence S. 00°25 06" E , i said North ed to N. 8 true' po' t. , , r�, 569_80 feet to the true point of beginning; 1:X '' NG THEREFROM I of the of land boated in Section 6 Townshi Nor the 6th P.M. , Weld Coµnty, CCqolorado, being more particularly de- • Sect on as as�bearing`S. 87°47' 35' w. , and with of lthbeari 1/4 s coYntajne. ( ? ' i, herein relative thereto: Commencing at the NE corn: . . e + -- tion {- - 6, thence along the ginning, h line, S. 87°47' 35" t' 171. 3 etet; t I the S. 7° 7€ 5" w. , 2 Thence S. 00°2 N. 0 , 400'00 thence, o7 47 n5" W. , rth } feet; thence N. ct, on 66 h• , Point r feet to a point in the North }33" of the said Section 6; thence ant the said Korth Tina, N. 87°47 3t E. , 200.00de feet to the True o Be lraniny. hWDe d gi en tg Co 5 ¢ascription error in Deed ; r�4e e °aW Lw c er Ci `'t`ofietor with a� an� smgular��ie Tiere'dlpkm All a��¢i��w�.dances thereunte belonging,or in any r.P.C. i I wise appertaining, and the reversion and reversions, remainder and remaindirs, rents, issues and � profits thereof.. and all the estate, right, title, interest, claim and demand '•+hatsoever, of the said Ii part ies of the first part, either in law or equity,of, in and to the above .argained premises, with the hereditaments and appurtenances: TO HAVE AND TO HOLD the said premises above bar- gained and described, with the appurtenances, unto their the said part ies of the second part, t • , heirs and assigns forever. t /' And the said parties of the first part, for themselves , their heirs, executors and 44 i' covenant, grant, bargain and agree to and with the said part iesof the I administrators,their do .�I second part, their heirs and assigns, the above bargained premises in the quiet and peaceable I possession of said part ies of the second part, their heirs and assigns, against all gain tllor under and every person or persons lawfully claiming or to claim the whole or any part thereof,by,through I the said parties of the first part to WARRANT AND FOREVER DEFEND. their • t IN WITNESS WHEREOF, The said part ies of the first part have ,/he unto-eet C hand s ant seal s the day and year first above writteryf,L.` /,.L- j j -,LSEAL] Slimed, Sealed and Delivered in the Presence of Robert I1. Loy �'° [SEAL] ik-t; ins W. Loy /~ .(,l .t.a,- - i 1 1.3,`_ [SEAL] STATE OF COLORADO, I". J County of Larimer, 18th October , �7µ Qolni(Instrument wu aelmowledQed hefQro me hb d of is:• yl e ,Robert H. Loy and Nadine lt. Loy, husband and wife. ; 3 Mira, i , 1978 . Witness my hand and official seal. j Uti, mn on expires January 22 'f none Pero Insert name or Damns;if by person acting m nprresalable or Vitas',arch!I r as u n(Le1Inre I ;none cer, aw,Mee " ,Len,thee Inc.n ORL,o of each officer or*Moors.as the president or otsr officers of each coganllon,na,,0"I It—blowier,' "" ¢ledp.nrtnl, neon -..:. ' Acln Xn I 0 BOOK Recorded at V o'clock M, 0CT 2 3 1974 0.2 725 Reception No 1.6.47236_ S LEE SHEHEE1 At Recorder. /—/ RECORDER'S STAMP THIS DEED, Made this 18th 'day of October Actual consideratior 1974 , between ROBERT H. LOY and NADINE W. less than $500. 00 . 9 LOY , husband and wife, t Cr. of the County of Larimer, and State of Colo- rado, of the first part, and DREW H. WESNER and TINA �1 MARIE WESNER, as joint tenants , t` of the County of Larimer , and State of Colorado, of the second v-; part; 0' WITNESSETH, That the said part ies of the first part, for and in consideration of the sum Jt of other valuable consideration and TEN Dollars, .-t R to the said parties of the first part, in hand paid by the said parties of the second part, the o receipt whereof is hereby confessed and acknowledged, ha ve granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto the said part ies of the second part, their heirs and assigns forever, all the following described lot or parcel of land, situate, lying and being in the County of Weld and State of Colorado, to wit: A tract of land located in the NE 1/4 of Section 6 , Township 7 North, Range 67 West of the 6th P.M. , Weld County( Colo- rim rado, being more particularly described as follows : Considering the e.., East line of the NE 1/4 of said Section 6 as ,bearin S . 00°00 ' 04" W. , and with all bearings contained herein relative thereto: Commencing cD at the Northeast corner of said Section 6 ; thence alyng the said East line, S . 00°00 04 W. , 1554. 28 feet; thence S. 86°58 21" W. , 1111. 10 feet to a point, said point being the true point of beginning thence S . 86°58 ' 21" W. 188. 62 feet; thence S . 00°D0 ' 04" W. 134 . 05 feet; thence S . 87°07' 44" W. , 844 . 96 feet- thence N. . 00°25108" W. , 1716 . 32 feet to a point on the North line o� said Section 6 ; thence along said North line N. 87°47 ' 35' E. , 1034 , 09 feet; thence S. 00°25 ' 06" E. , 1569 . 80 feet to the true point of beginning; EXCEPTING THEREFROM A tract of land located in Section 6 Township 7 North Range 67 West of the 6th P.M. , Weld County, Colorado, being more particularly de- scribed as follows : Considering the North line of the NE 1/4 or said Section 6 as bearing S . 87°47 ' 35' W. , and with all bearings contained herein relative thereto : Commencing at the NE corner of said Section 6 , thence along the said North line, S . 87°47 ' 35" W. , 1171. 87 feet tc thence, S. 87°47€35' W. , 200 . 0Qhfeet;Sthence5N0600°25' 068 W. ,0 f400. 00 feet to a point on the North }ins( of the said Section 6 ; thence along the said North line, N. 87°47 35' E. , 200 .00 feet to the True Point o Be8qir]nintg. h' Deegd i en t co QQ�jr, escription error in Deed r ogetheruwlmh an sons singuIar`mie nereul m �s anu ap"punet ances thereunto belonging, or in any- wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever, of the said part ies of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bar- gained and described, with the appurtenances, unto their the said part ies of the second part, heirs and assigns forever. And the said parties of the first part, for themselves their heirs, executors and administrators, do covenant, grant, bargain and agree to and with the said part iesof the second part, their heirs and assigns, the above bargained premises in the quiet and peaceable possession of said part ies of the second part, their heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by, through or under the said parties of the first part to WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said part ies of the firs..1--y have he unto-set their v hand s and seal s the day and year first above writte 11\o Signed, Sealed and Delivered in the Presence of ..... .C.CS/ /.- ;=f [SEAL] obert H. Loy W\ati ne W. Loy-, r- [SEAL] 2LLL . • � L., [SEAL] STATE OF COLORADO, 6 Fs. County of Larimer, J 18th October �aistregloing.lnstrument was acknowledged before me this ddy of 1p k • (Robert H. Loy and Nadine W. Loy, husband and wife. ' ..%,S� ...... isi et AAIARY . L rawriebmFni�sion expires January 22 , 1s78 . Witness my hand and official seal. -- s NPUBV\ :. . �) (2 a-.) Notary Public.�I`� • o% (I Of COA elf by.f illil person or pennons here insert name or names; if by person acting In representative or offices capacity or as attorney- .rash then inert name of person as executor attorney-in-fact or other capacity or description; it by officer of cor- poration,then me insert 1*27.11°h oofficer or officers,aa the president or other officers of such corporation. naming IL—Statutory dyat aeealoe .. .. ........... .e.00.vn.a navn —n..aL..rl R,hlr.l•1„e M..1gtLIR Stnut Street.Denver.Colorado-8-70 Recorded at r o'clock M., I / Reception No Recorder. Ve DREW H . WESNER and TINA MARIE WESNER, husband and wife whose address is Fort Collins , County of Larimer , State of Colorado , for the consideration of TEN DOLLARS and other valuable consideration, 1dOllars, in hand paid, hereby sell(s) and convey(s) to ROBERT ':, H. LOY and NADINE W. LOY, as joint tenants with right of survivorship whose address is Fort Collins County of Larimer , and State of Colorado the following real property in the County of Weld , and State of Colorado, to wit: A tract of land located in Section 6 , T7N, R67W, of the 6th P .M. , Weld County , Colorado , being more particularly described as follows : Considering the north line of the NE 1/4 of said Section 6 as bearing S. 87°47 ' 35" W, and with all bearings contained herein relative thereto: Commencing at the NE Corner of said Section 6 , thence along the said north line , S . 87°47 ' 35" W, 1121 . 87 feet to the True Point of Beginning; thence , S. 00°25 '06" E, 726 . 35 feet; thence , S . 87°47 ' 35" W, 300 . 00 feet; thence , N. 00°25' 06" W, 726 . 35 feet to a point on the north line of said Section 6 ; thence , along the said north line , N. 87°47 '35" E, 50 . 00 feet; thence, S . 00°25 ' 06 " E , 400 .00 feet; thence , N. 87°47 ' 35" E , 200 . 00 feet; thence , N. 00°25 ' 06" W, 400 . 00 feet to a point on the north line of said Section 6 ; thence , along the said north line, N. 87°47 ' 35" E , 50 . 00 feet to the True Point of Beginning; with all its appurtenances, and warrant(s) the title to the same, subject to easements in place or of record , restrictions of record and taxes for the year 1975 , payable in 1976 . Signed this 18th day of November , 1974 Wesn er ,er , J-l. er,husband IIre�. Wesn Tina nPfarie Wesner , wife STATE OF COLORADO, las. County of Larimer The foregoing instrument was acknowledged before me this -18th- day of November , 1974 , by Drew H. Wesner and Tina Marie Wesner , husband and wife. My commission expires Apr i 1 25 , 197 6 . Witness my hand and official seal. ' ,@lotary.PUDlIc atatatorl leksowledpment—It by natural person or persons here insert name or names; if by person acting In representativeor official(apaclV or as attorney-m-tact then Insect name of person as executor attorney In-f t oror other oen of su otor¢ to ilf ebyyoffic It. f torpo<atlon then lnaen Hama of such officer or off leers as the p IngNo.897. Warranty Deed--ebert larva—Bee.1141-1e.CY9.1143—Bradford Publishing Co..1826[6 Stout Street,Denver.Colorado—7-7t Recorded at o'clock M., 1 i Reception No ( { Recorder. THIS INDENTURE, Made this 18th day of November , 1974 , between ROBERT H. LOY and NADINE W. LOY whose address is Fort Collins part i es of the first part,and the Public Trustee of County of Weld • in the State of Colorado, party of the second part, Witnesseth: THAT, WHEREAS, The said parties of the first part ha ere executed their promissory note bearing even date herewith, for the principal sum of THREE THOUSAND FIVE HUNDRED AND NO/100 Dolls payabletotheorderof DREW H. WESNER and TINA MARIE WESNER, as joint tenants with right of survivorship, whoseaddressis Fort Collins , Colorado after the date hereof, with interest thereon from the date thereof at the rate of —10— per cent per annum, payable in monthly installments of $74 . 37 , commencing December 7 , 1974 , and on the 7th day of each month thereafter until the principal and interest are fully paid AND WHEREAS, The said part ieS of the first part are desirous of securing payment of the principal and interest of said promissory note in whose hands soever the said note or any of them may be. NOW, THEREFORE, The said parties of the first part, in consideration of the premises and for the purpose aforesaid, do hereby grant,bargain, sell and convey unto the said party of the second part in trust forever, the following described property, situate in the County of Weld , State of Colorado,to wit: A tract of land located in Section 6 , T7N, R67W, of the 6th P .M. , Weld County, Colorado, being more particularly described as follows : Considering the north line of the NE 1/4 of said Section 6 as bearing S. 87°47 ' 35" W, and with all bearings contained herein relative thereto: Commencing at the NE Corner of said Section 6 , thence along the said north line , S . 87°47 ' 35" W, 1121 . 87 feet to the True Point of Beginning ; thence , S. 00°25 ' 06 " E, 726 .35 feet; thence, S. 87°47 ' 35" W, 300 . 00 feet; thence , N. 00° 25 ' 06" W, 726 .35 feet to a point on the north line of said Section 6 ; thence, along the said north line , N. 87°47 ' 35" E, 50 . 00 feet; thence, S . 00°25 ' 06" E , 400 . 00 feet ; thence , N. 87°47 ' 35" E, 200 . 00 feet; thence , N. 00°25 ' 06 " W, 400 . 00 feet to a point on the north line of said Section 6 ; thence , along the said north line, N. 87°47 ' 35" E , 50 . 00 feet to the True Point of Beginning; TO HAVE AND TO HOLD the same, together with all and singular the privilege and appurtenances thereunto belonging: In Trust Nevertheless, That in ease of default in the payment of said note or any of them, or any part thereof, or in the payment of the Interest thereon. according to the tenor and effect of said note or any of them, or in the payment of any prior encumbrances, principal or interst, if any, or in case default shall be made in or in case of violation or breach of any of the terms, conditions, covenants or agreements I herein contained,the beneficiary hereunder or the legal holder of the iudebtedneu secured hereby may declare a volation of any of the covenants I herein contained and elect to advertise said property for sale and demand such sale, then, upon filing notice of such election and demand for sale with the said party of the second part, who ahall upon receipt of such notice of election and demand for sale cave a copy of the same to be recorded in the recorders office of the county is which said rel state is situated, it rhte and may be lawful for said party of the second part to sell and dispose of the same ten masse or in separate parcels, as the said Public Trustee may think bail,and all the right,title and in. terest of said part ie of the first yart,th:ir heirs or assigns therein. at public auction at the front door of the I Court House, in the County of Weld ,State of Colorado.or on said premiss.or any part thereof as may be specified in the notice of said sale, for the highest and bet Drier the same will bring in cash.four weeks'public notice having been preciously given of I the time and place of such sale, by advertisement, weekly, in some newspaper of general circulation at that time published in said county of I Weld .•copy of which notice shall be mailed within ten days from the date of the first publication thereof to the said parties of the first part at the address herein given and to such person or persons appearing to have acquired a subsequent record Interest in said real estate at the Wdress given in the rsmrded Instrument:where only the county and state is give,. u the addreae then such notice ahall he matin to the county seat and to make and give to the or sums or purehaser, of ench property at such sale. a certificate or t for other le in writing describingtherto) such property purchased. and the sum or sums paid therefor,and the time when the purchaser or purchasers and for other person entitled thereto) shall be entitled to a deed or deeds therefor, unless the same shall be redeemed as is provided by law; and I. said Public Trustee shalt, upon demand by the person or persons holding the said certificate or certificate of andpurchase. when said demand is made,or upon demand by the person entitled to a deed to and for the property purchased, at the time such demand is made, the time for ye- demDtion having eDi+ed, tyke and eaecote to each person or persons•deed or deeds to the said property pmrhasd,which said dad or dads I shall be in the ordinary form of a conveyance,and shall be signed,arknowledgd and delivered by the said Pnblle Trustee,as tor,and shall it convey and quit-claim to such person or persons entitled to such deed, as grantee, the said property purchased u aforesaid and all the right. I: title. interest, benefit and equity of redemption of the partie S of the tint part, their heirs amens as therein,and shall recite the sum or sums for which the said property we sold and shall refer to the power o e therein contained,and to the sale or sales made by virtue thereof:and in case of en assignment of such certificate or certificate of purchase, or In ewe of the redemption of such it property. by s subsequent encumbrancer, such suignment or redemption shall also be referred to in such deed or deeds: but the notice of We need not be set out in such deed or deeds and the said Public Trustee shall, out of the proceeds or avails of such sale,after first paying It and retaining all fee, eerie and costs of making said sale,pay to the beneficiary hereunder or the legal bolder of said note the I principal and interest due on said note according to the tenor and effect thereof. and all moneys advanced by nth beneficiary or legal I holder of said note for insurance, tars and sseeements, with that thereon at —12— per ant per annum,redwing the 1 eeerplu, if any,unto the said peal eS of the Wirt pa,tthe irk:gal representative or assigns: which sale or sales and said deed or I I deeds to made shall be a perpetosl bar,both in law and squib.against the said part ieS d the first part. their heirs and assine.and all other persons claiming the said property. m any prt thereof,bf, from,through or under said part i es of the first part,or any of Nero The holder or holden of said note or note may pnrebsse said properly or any Dart thereof; and It shall not be obligetory I upon the purchaser or purchasers at say such sale to se to the application of the purchase money. If a else;deed be required, 1t is agreed 1 that the parties or the fiat part, their hen or Satinet will Day the expense thief. NO.341-A. DEED OF TRUST—Public Tracts—Reslver's Clause—Attorney's Fess. —Bradford Publishing Co.,184444 Stout Street,Denrer,Colorado-2-74 And the said parties of the first I rrt. for themselves and for their heirs, executors and administrators, covenant and agree to land with the said party of the second part, that at the time of the ensealing of and delivery of these presents they are well seised of the said land and tenements in fee simple, and ha ve good right, full power and lawful authority to grant, bargain, sell and convey the same in the manner and form as aforesaid: hereby fully and absolutely waiving and releasing all rights and claims they may have in or to Bald lands, tenements,and property as a Homestead Exemption,or other exemption. under and by virtue of any act that the same are free the Gend eral Assemblyof all bsf and e enoumofate of Collo do, now existing or which may hereafter be passed in relation an ar. • and the above bargained property in the quiet and peaceable possession of the said party of the second part, his successors and seal¢va against all and every person or persons lawfully claiming or to claim the whole or any part thereof,the said parties of the first part shall and will Warrant and Forever Defend. And that during the continuance of said indebtedness or any part thereof,the said part ies of the first part will in due season pay • taxes and in assessments m t on said property:s o all amounts against lose by count of fireprincipal extended coverage endorsementswin such company or , if any: and will keep all buildings that may at any time be on said lands, companies as the holder of said note may, from time to time direct,for such sum or sums as such company or companies will insure for. not to exceed the amount of said indebtedness,except at the option of said part 1 e$ of the first part, with loss, if any, payable to the bene. ficiary hereunder, as their interest may appear, and will deliver the policy or policies of insurance to the beneficiary hereunder, as d of the first art to thus sure and further security for the pa such aforesaid.o And in case of the assessments or amounts due or to of i become due on any prior ens b nces, if any, then the holder er the policies of insurance,or to pay of said note ,or any of them,may procure such insurance. or pay such taxes or assessments or amount due upon prior encumbrances, if any, and all moneys thus paid, with interest thereon at -12 per central per annum, shall become so much additional indebtedness, sse the fibby yt pis D e f rust, shall bde paid out of a violationthe proceeds rosof s of the sale end agrhe eement rty aforesaid,if not otherwise paid by said part ies r AND THAT IN CASE OF ANY DEFAULT, Whereby the right of foreclosure occurs hereunder, the same party of the second part or the holder of said note or certificate of Purchase, shall at once become entitled to the possession.use and enjoyment of the➢roDerty e pe• ri of to the rents.f any tand here be: and such possession s shall atg of once be delivered to right and dtheng the said party ofthe second y of ]osure D part or theproceedings lder ofd aid Avid of redemption, note or certificate of purchase on request, and on refusal, the delivery of such possession may be enforced by the said party of the second part or the bolder of said note or certificate of purchase by any appropriate civil suit or proceeding, and the said party of the second part, or the holder of said note or certificate of purchase, or any thereof, shall be entitled to a Receiver for said property, and of the rents, issues and profits thereof, after such default, including the time covered by foreclosure proceedings and the period of redemption, if any there of the be, and shall be entitled thereto as a matter of right without regard to the solvency or r insolvency n c Receiver part esnted by any first part or of the then owner of said property and without regard to the value thereof, waived—and in come and Jurisdiction therefrom shall beepplication and without aDplied by such Receiver to fce—notice the paymente1ng of the indebtedness hereb expressly secured,1 according ding to law d and profits, orders and directions of the court. AND,That in case of default in any of said payments of principal or interest according to the tenor and effect of said promissory note aforesaid, or any of them, or any part thereof, or of a breach or violation of any of the covenants or agreements herein,by the part le s of the first part, their executors, administrators or assigns, then and in that case the whole of said principal sum hereby secured, and the interest thereon to the time of sale. may at once, at the option of the legal holder thereof, fombeureeba and m pa able. and the e,and tie said property be sold in the manner and with the same effect as if said indebtedness had matured. and Trum.,..ttomwsfeatix.gxel a reasonable amount licaldfiCfor services in the supervision of said foreclosure proceedings shall be allowed by the Public Trustee se a Dart of the cost of foreclosure,and if foreclosure be made through the courts a reasonable attorney's fee shall be taxed by the court as a part of the costs of such foreclosure proceedings. IN WITNESS WHEREOF.The said part le of the first part ha ve hereunto set their bands and sealS the day and year first above written. WITNESS: ___—_________-_(SEAL] Robert—At--may , � ��— iv1 /7 ISEAL] z1 -ie V.- ,_o iy E!tEL1_.iiS__ _ `/. [SEAL] The foregoing instrument was acknowledged before✓/me`this 18th STATE of COLORADO. November 74 Robert _H t_Lo County of Larimer day of_--_-- ----. 19_ —, by ---- • y and Nadine W. Loy Hy commission axpires ATr i t 25 , 1976 . Witness my hand and oflies]seal. - L i/ -- / Lilt . s,. yam` -- -- 2 }Notary Public. e i '0 A w 4' g p r-_, -0 Y a m t it (� a C a W q A 6 p e p O H Eh a ' m o y : En w a p re m z o o O 'C o p Cri a z • g [�.i H oWi O 0, e S P A o 0 m m i GTi C E ►V-t fx7 U sal+ y 0 t - O w ra F w as ,C ' _- O o e H (\ A w " a P w •. N o W a k' 6 o u Z q W [--0 L IP I" A ..C, E o o v z w .44) k E 5 r I Iwo t ✓ Yl/" /q �iL. 7,,,, 1,- .--kin._O 6--ti G✓ .,c<. 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