HomeMy WebLinkAbout790860.tiff O �� f Recorded at o'clock p hi."`r u 197
880 1802419 e1 uei r..
Rec. No.
RESOLUTION 3 -,
State of Colorado, Weld CountyClerk G Recorder
RE: APPROVAL OF SUBDIVISION EXEMPTION NO. 103 - MR. AND MRS .
e JAMES KNIGHT.
WHEREAS, the Board of County Commissioners of Weld County,
o Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
°
affairs of Weld County, Colorado, and
e WHEREAS, the Board of County Commissioners of Weld County,
Colorado has reviewed the request of Mr. and Mrs. James Knight
0 for an exemption from the definitions of "subdivision" and "sub-
divided land" in Section 30-28-101 (10) , CRS 1973, as amended,
.o and Section 2-1 of the Weld County Subdivision Regulations,
and
CIO
WHEREAS, the Board of County Commissioners finds that
Mr. and Mrs. James Knight are owners of certain parcels of land
located in Part of the Northeast Quarter of Section 4 , Township
6 North, Range 66 West of the 6th P.M. , Weld County, Colorado,
being more particularly described as follows :
PARCEL A
A tract of land located in the Northeast
Quarter of Section 4 , Township 6 North,
Range 66 West of the Sixth Principal
Meridian, Weld County, State of Colorado,
being more particularly described as follows :
Commencing at the Northeast Corner of said
Section 4 and considering the East line of
Section 4 to bear South 03°51 ' 52" East with
all bearings contained herein relative
thereto;
Thence South 03°51' 52" East along the East
line of said Northeast Quarter of Section 4 ,
2241. 75 feet to the True Point of Beginning
of described parcel;
Thence continuing South 03°51 ' 52 " East,
180. 00 feet along East boundary of said
parcel;
Thence North 90°00 ' 00 " West, 242 . 54 feet
along South boundary of said parcel;
Thence North 03°51 ' 52" West, 180 . 00 feet
along West boundary of said parcel ;
Thence South 90°00 '00" East, 242 . 54 feet
along North boundary of said parcel to True
Point of Beginning.
The above described parcel of land contains
1 acre, more or less.
790860
880
1802419
3- 2
PARCEL B
A tract of land located in the Northeast Quarter
of Section 4 , Township 6 North, Range 66 West of
the Sixth Principal Meridian, Weld County, State
of Colorado, being more particularly described as
follows :
Commencing at the Northeast Corner of said Sec-
tion 4 and considering the East line of Section
4 to bear South 03°51' 52" East with all bearings
contained herein relative thereto;
Thence South 03°51 ' 52" East along East line of
said Northeast Quarter of Section 4 , 2241. 75 feet;
Thence North 90°00 '00 " West parallel to the North
line of said Northeast Quarter of Section 4 ,
242 . 54 feet; to the True Point of Beginning of
said parcel;
Thence continuing North 90°00 ' 00" West, 1204 .22
feet parallel to the North line of said Northeast
Quarter of Section 4 to the East bank of the
Montgomery Seepage Ditch;
Thence South 01°15 '13" East along said East bank
of the Montgomery Seepage Ditch, 271 . 99 feet to
the South line of said Northeast Quarter of Sec-
tion 4;
Thence South 88°55 ' 33" East along said South line
of the Northeast Quarter of Section 4 , 1461 . 26
feet to the Southeast Corner of the Northeast
Quarter of Section 4 ;
Thence North 03°51 ' 52" West, along the East
boundary of the Northeast Quarter of Section 4 ,
120 .00 feet;
Thence North 90°00 '00 " West, 242. 54 feet;
Thence North 03°51 ' 52" West, parallel to the
East line of the Northeast Quarter of Section 4 ,
180 . 00 feet to the True Point of Beginning of
said parcel.
The above described parcel of land contains 81
acres, more or less .
This subdivision exemption will clarify that the Knights ' do
have two separate parcels.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado that the abovedescribed
parcels be, and hereby are, declared to be exempt from the defini-
tions of "subdivision" and "subdivided land" as set forth in
Section 30-28-101 (10) , CRS 1973, as amended, and Section 2-1 of
the Weld County Subdivision Regulations, and
BE IT FURTHER RESOLVED by the Board that the abovedescribed
parcels of land be, and hereby are, considered to be single
lots.
Olt- 880 1802419
.9 -3
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 29th day of
August, A.D. , 1979 .
BOARD OF COUNTY COMMISSIONERS
W`k.J2 COUNTY, COLORADO
£lf
.e k_,_ (Aye)
Norman Carlson, Chairman
p
�r .s_, /% ./.--i- �t/f/ (Aye)
Lydlott Dunbar-.
ce, 7/2/t ti` (Aye)
C. W. Kirby
,_
'ce., «• 4, dtc* (Aye)
//L onard L. Ro
(� Y) ) 9 „(Aye)
,,
-¢.. ne K. einmark
ATTEST: '� /� v,4,2but trI
,._ Weld County Clerk and Recorder
wand Clerk- to the Board
YT ;t nn, a i t sJ 6 , 1 ,
Deputy County C erk
AP O D AS TO FORM:
72
County Attorney
DATE PRESENTED: SEPTEMBER 5, 1979
SUBDIVISION EXEMPTION
FLOW SHEET
County Commissioners Meeting Date: 2•_I 1 \0 1a1
Applicant: J(kWh 14m hV Case #: 7E. \t3
Legal Description: C. 4 1
Location: wJ44.4 ,`.e, h
Date I ey l
Application Received
AUG 8 1979 CA`..
AUG 8 1979 �(�
Application Complete • v
Letter to Applicant Drafted AUG 8 1919
SE# Assigned AUG 8 1979 Ce.e.
Air Photo Map Prepared `� •
Chaindexed l
Applicant Notified — 4719
Legal Approved by County Attorney
AUG 1 G 1979 7O 6.
AUG 2 7 1979
Field Check by D:P.S. Staff INalillt
D.P.S. Recommendation Drafted mug 2 1979 .
D.P.S. Recommendation Typed
Packets Xeroxed v .
History Card - Completed
— D c"o p o �•
•
k ,sk,c� v\et,a\ . -
roll
. I
TO: Board of County Commissioners Date August 29, 1979
Subdivision Exemption q 103
Applicant: Mr. and Mrs. James Knight
The owners of the following described property have requested an
exemption from Section 2-1 of the Weld County Subdivision Regu-
lations adopted August 30, 1972, which defines the term subdivi-
sion:
Pt. NEq Section 4, T6N, R66W
The Planning Department has reviewed this request and recommends
that the request be Approved for the following reasons:
DOES DOES NOT
X Require water
R Require sewer
X Create traffic problems
X Fall in flood plain
X Agree with Planning Commission policy
X Create housing
X Agree with surrounding land use
X Meet all known requirements
COMMENTS:
Mr. and Mrs. Knight purchased their property in two separate parcels at separate
times prior to August 30, 1972. The Knights have been in litigation to enforce
the delivery of a deed on one of the parcels. The lawsuit has been resolved by
settlement and in order to have good title to the property, a deed has been
obtained conveying the entire property as one parcel . It is not the intent'tr
the purpose of the Knights to combine this property into one parcel . The deed
to the one total parcel is for the purpose of title clearance only. This subdivision
exemption will clarify for the record that the Knights do have two separate parcels.
A more detailed explanation of this request can be found in the letter dated August 3,
1979 submitted by the applicant's attorney, Mr. Ralph Waldo. A copy of that letter
is in the attached materials.
cia
Zoning Administrator
APPLICATION FOR SUBDIVISION EXEMPTION
PHONE: 356-4000 Ext . 404
Department of Planning Services, 915 1Oth Street„ Greeley, Colorado
FOR PLANNING DEPARTMENT USE ONLY:
CASE NO. SE `p°6 APPL. FEE It erne°
ZONING DISTRICT gY\luNkutb.` RECEIPT NO. 'OHIO
DATE AUG 8 1979 /\ APPL. CHECKED BY
TO BE COMPLETED BY APPLICANT: (Print or type only except for required
signatures) :
I (we) , the undersigned hereby request that the following described pro-
perty be exempted from the definition of the terms "subdivision" or
"subdivided land" in accordance with Section 2-1 A. (3) of the Weld County
Subdivision Regulatio s. by the Weld County Board of County/ Commissioners.
LEGAL DESCRIPTION:� /// A )5 Section T k� N, R 4/ W
7YZ S e �� cc`t e
Has this property been divided from or had divided from it any other
property since August 30, 1972? Yes No
FEE OWNERS OF PROPERTY:
Name: /
-jr e,� /7 A Ai Vii'/�ir
Address : A:4, 2 1I�c,x iWcAj /n. Phone
Name:
Address : Phone
Name:
Address : Phone
I hereby depose and state under the penalties 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 ) . ner�
STATE OF COLORADO)
g ature:(�' r Authorized Agent
Subscribed and sworn to before me this -4-/ day of c< { col 197;2 .
SEAL
Notary Public
M/IT Commission expires :
•
A tract of land located in the Northeast Quarter (ii1/h) of Section 11,
Township 6 north, Range 66 Test of the Sixth. Principal Eeridian, '."eld
County, State of Colorado, being more particularly described as follows:
Commencing at the Northeast Corner (NE Cor.) . of said Section 14 and considering
the East line of Section 14 to bear South 03° 51' 52" East with all bearings
- contained herein relative thereto;
Thence South 03° 51' 52" East along the East line of said Northeast Quarter
(NE1/4) of Section !1, 22111.75 feet to the True Point of Beginning of described
parcel;
° f j12M
\
Thence continuing South 03 51' 52" East, d49.gy feet along East boundary
of said parcel; 242,54- •
- Thence North 90° 00' 00" test, 3:rre2L feet along South boundary of said
parcel; /0%4Y1
Thence North 03° 51' 52" test, 125.00 feet alongTest boundary of said
parcel; 04209
Thence South 90° 00' Cr)" East, 3L9.2o feet along North boundary of said
parcel to True Point of Beginning.
The above described parcel of land contai s 1 acre? more or less.
A tract of land located in the Northeast Quarter (NE1/11) of Section 4, Township
6 North, Range 66 Test of the Sixth Principal Meridian, Meld County, State
of Colorado, being more particularly descrrced as follows: •
Connencing at the Northeast Corner (NE Cor.) of said Section 14 and considering,
the East line of Section 4 to bear South 03° 51' 52" East with all bearings
contained herein relative thereto;
Thence South 03° 51' 52" East along East line of said Northeast Quarter
(NE1/h) of Section 1!, 22111.75 feet; '
Thence North 90° 001 00"' ;Test parallel to the North line of said Northeast
Quarter (NE1/h) of Section 1,, 249.96 feet; to the True Point of Beginning
of said parcel; .742
�� _d��4_}� �,�2.T?�
CJ Thence continuing North 90° 00' 00"':pest, 1A9 ' c feet parallel to the North
line of said Northeast Quarter (NE1/4) of Section 11 to the East bank of the
�rN Montgomery Seepage Ditch;
—1 OOO1\` Thence South 01° 15'13" East along said East bank of the Montgomery Seepage
Ditch, 271.99 feet to the South line of said Northeast Quarter (NE1/4-) of Section
0
Thence South 88 55' 33" East along said South line of the Northeast Quarter
(NE1/L) of Section 11, 11161.26 feet to the SoutiQast Corner of the Northeast
Quarter (Nil/4) of Section 11;
Thence North 03° 51' 52" Test, along the East boun,-.r; of the Northeast
Quarter (NE1/4) of Section 11, 115.60 �et /•Zaun
Thence North 90° 00' 00" Test, 3!.3.2arri- t; 24Z.S4
Thence North 03° 51' 52" Test, parrallel to the East line of the Northeast
Quarter (',E1/4) of Section u, 125.00 feet to the True Point of Beginning
of said parcel. /tete&
The above described parcel of land :0nta1 _ 5
more or less.
•�s
WALDO AND WALDO
ATTORNEYS AT LAW
P.O. BOX 775
1019 TENTH AVENUE
GREELEY, COLORADO 80632
RALPH E.WALDO,JR. (303)352-4828
ROBERT M.WALDO August 3, 1979 R.E.WALDO(RETIRED)
Weld County Planning Commission
915 10th Street
Greeley, Colorado 80631
Gentlemen:
This office has represented James A. Knight and Brenda L.
Knight as well as Doyle Bolenbaugh and Darrel C. Lockmann and
Tamara L. Lockmann in a lawsuit in the District Court of Weld
County, Colorado, being Civil Action No. 30265, for the fore-
closure of a deed of trust for specific performance of contracts
of sale entered into by and between Darrell C. Lockmann and
Tamara L. Lockmann, James A. Knight and Brenda L. Knight , and Jim
Lee Davis and Mary Jane Davis. A portion of the lawsuit involves
the reformation of deeds that have already been executed.
James A. Knight and Brenda L. Knight purchased one acre of
ground from Jim Lee Davis and Mary Jane Davis by deed recorded on
March 4, 1968, in Book 592 under Reception No. 1513751 of the Weld
County Records. The deed to the one acre of land erroneously pro-
vided Mr. and Mrs. Knight with a 125 ' frontage which was not suffi-
cient to satisfy the requirements of the Weld County Planning Com-
mission. Accordingly, this deed was changed and re-recorded on
June 27 , 1968, in Book 596, under Reception No. 1518040 of the
Weld County Records , to provide for a 180 ' frontage. The re-
recorded deed was not re-acknowledged so that the changed deed
constitutes a defect on the title to this property.
James A. Knight and Brenda L. Knight also purchased an addi-
tional nine-acre tract under contract of purchase dated March 1,
1968, wherein Jim Lee Davis and Mary Jane Davis are the sellers
and James A. Knight and Brenda L. Knight are the purchasers . The
contract of purchase for the nine acres left a one-acre tract out
having dimensions of 125' frontage by 349.26' in depth. The con-
tract of March 1, 1968, was never corrected to show the nine-acre
description as leaving out a tract with a 180 ' frontage by 242.54 '
in depth.
The agreement of March 1, 1968 has been in full force and
effect and was being sued on by Mr. and Mrs. Knight in the pre-
sent suit , Civil Action No. 30265 in the District Court of Weld
County, Colorado, to enforce the delivery of a deed on the con-
tract but with a reformed description.
�1.
Weld County Planning
Commission Page 2 August 3, 1979
The lawsuit, Civil Action No. 30265, has been resolved by
settlement by Jim Lee Davis and Mary Jane Davis conveying the
property to James A. Knight and Brenda L. Knight as well as
Darrell C. Lockmann and Tamara L. Lockmann.
In order to have a good title to all of this land and to
correct all of the many errors that have been made in the des-
criptions of the contract and the acre tract , caused by the
original change in dimensions of the one-acre tract, a deed has
been obtained from Jim Lee Davis and Mary Jane Davis, conveying
the entire ten acres in one tract, to avoid any possibility of
a hiatus existing in the areas conveyed and in order to have a
good title that would be acceptable to title companies and attor-
neys examining the title thereto.
For this reason, and only for this reason, the deed to the
entire ten acres has been prepared for James A. Knight and Brenda
L. Knight to take title at this time , although the tract of land
has been actually purchased in two parcels, one of which was con-
veyed in 1968 and the remaining nine-acre parcel which has been
under contract of sale during all of that time.
It is not the intent or the purpose of Mr. and Mrs. Knight
to combine this property into one parcel. It is their intent to
retain the two separate individual parcels under their ownership.
The deed to the one total parcel is for the purpose of title
clearance only.
Yours very truly,
WA / ND WALDO / //rr
C44
1ph E. Waldo, Jr.
REWJr:co
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DEFAP 'ENT OF HLAHNING SERVICE:
PHONE 130313564000 EX7 404
- 91510TH STREET
GREELEY,COLORADO 80631
' t S � 1Jl
J@
COLORADO
May 31, 1978
•
Ralph E: Waldo, Jr.
Waldo and Waldo
Attorneys at Law
1019 10th Avenue
Greeley, Colorado 80631
RE: James A. and Brenda L. Knight
Dear Mr. Waldo:
I have reviewed the opinion dated May 22 , 1978, submitted by you regarding
property located in the NE} of Section 4 , T6N, R66W of the 6th p.m. , in
Weld County, Colorado. It is the opinion of this office that Mr. Knight
may proceed with an application for a building permit on the 9 acre parcel
whibh is currently under contract from Jim Lee and Mary Jane Davis , dated
March 1, 1968.
The 9 acre parcel is constituted as a separate legal lot under current
zoning and subdivision requirements and therefore eligible for all uses
allowed by right as listed in the Weld County Zoning Resolution. It is
anticipated that the action to foreclose a deed of trust will correct
current deficiencies in the legal description . It would be appreciated
if you could forward copies of the corrected and final documents upon
their completion . This would aid in completing our files in this matter.
Hopefully this has answered your questions at this time . I anticipate
you will forward this information to the Knights. It may be advisable
for them to provide a copy of this letter when they submit their building
permit application .
Very ly you ,
T omas E. Honn
Zoning Administrator
TEH:sap
1
X
• •
•
DEPARTMENT OF PLANNING SERVICES
PHONE (303)3564000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
ti 1
- ,6 ® CASE NUMBER SE-103
COLORADO
REFERRAL
TO WHOM IT MAY CONCERN:
Enclosed is an application from
James Knight
for a Subdivision Exemption
The parcel of land is described as
Pt. NEg Section 4, T6N, R66W
The location of the parcel of land for which this application has been
submitted is 2-1/2 miles west and 1. 2 mile south of Eaton
This application is submitted to your office for review and recommenda-
tions . Any comments or recommendations you consider relevant to this
request would be appreciated. Your prompt reply will help to facili-
tate the processing of the proposal and will ensure prompt considera-
tion of your recommendations. If a response from your office is not
received within 21 days of mailing from our office, it may be in-
terpreted to mean approval by your office. If you are unable to
respond within 21 days (but wish to do so at a later date) please
notify our office to that effect.
Check the appropriate boxes below and return to our address listed
above. Please reply by August 20, 1979 so that we may give
full consideration to your recommendation. Thank you very much for
your help and cooperation in this matter. •
1. We have reviewed the proposal and find no conflicts with our
interests.
2. A formal recommendation is under consideration and will be
submitted to you prior to
3 . Please refer to the enclosed letter.
Signed Agency Date
Assistant Zoning Administrate
Walk
ear
DEPARTMENT OF PLANNING SERVICES
PHONE (303)356-4000 EXT.404
915 10TH STREET
GREELEY,COLORADO 80631
CID . CASE NUMBER SE-103
COLORADO
REFERRAL
TO WHOM IT MAY CONCERN: AilEnclosed is an application from
James Knight
for a Subdivision Exemption te�'
The parcel of land is described as Pt . NE* Section 4, TGN, R66 1\1
The location of the parcel of land for which this application has been
submitted is 2-1/2 miles west and 1. 2 mile south of Eaton
This application is submitted to your office for review and recommenda-
tions. ,Any comments or recommendations you consider relevant to this
request would be appreciated. Your prompt reply will help to facili-
tate the processing of the proposal and will ensure prompt considera-
tion of your recommendations. If a response from your office is not
received within 21 days of mailing from our office, it may be in-
terpreted to mean approval by your office. If you are unable to
respond within 21 days (but wish to do so at a later date) please
notify our office to that effect.
• Check the appropriate boxes below and return to our address listed
above. Please reply by August 20, 1979 so that we may give
full consideration to your recommendation. Thank you very much for
your help and cooperation in this matter.
1. We have reviewed the proposal and find no conflicts with our
interests .
2. A formal recommendation is under consideration and will be
submitted to you prior to
3 . Please refer to the enclosed letter. (.441516pin,� 9�d�(//� �� OSigned Agency R 1� lSly N
co %p 'ttpg IYet Coto 4'0
s �a�
rs 's�oe
Assistant Zoning Administrate ��� lEO£6Z3ZQj
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• •
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DEPARTMENT OF PLANNING SERVICES
PHONE (303)356-4000 EXT.404
915 10TH STREET
₹ GREELEY,COLORADO 80631
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•
COLORADO
August 8, 1979
Mr. James Knight
Route 2 Box 45
Eaton, CO 80615
RE: Request for a subdivsion exemption on a parcel of land described
as Pt. NE* Section 4, T6N, R66W of the 6th P.N. , Weld County,
Colorado
Dear Mr. Knight :
Your application and related materials for the request described
above are complete and in order at the present time. I have
scheduled a meeting with the Board of County Commissioners for
Wednesday, August 29, 1979, at approximately 9: 30 a.m. This
meeting will take place in the County Commissioners ' Hearing Room,
first floor, Weld County Centennial Center, 915 10th Street ,
Greeley, Colorado. It is recommended that you and/or a representa-
tive be in attendance to make a presentation regarding the request
and to answer any questions the Board might have with respect to
your application.
A
If you have any questions concerning this matter, please feel free
to contact our office.
RULok fullyeU4J4/
� * ti
Chuck Cunliffe
Assistant Zoning Admi istrator
csd
cc: Mr. Ralph E. Waldo, Jr. , Waldo and Waldo
P. O. Box 775, 1019 10th Street
Greeley, CO 80631
. PO4 . 6196464
RECEIPT FOR CE
RECEIPT --
NO INSURANCE COVERAGE PROVIDED—
NOT"FOR INTERNATIONAL MAIL. '
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( ,- -�_.._.-.�i r �..�.y,. -.err Y i XI.•<« Fi, r w +a.u,s.._..iiu-..].a.wtu...a .•+-G.u: .� a
f;--
. 1, — . _ . - .. _• ..
0 Sax MAR 4 1968 a �� :'I,'S. L Recorded__ - qq C.q y, .fir ct &da'c Pd. :t:.^.`l
{ .i fV 5`32 Recmtleo No. .____�i.�a117.151_ AfOt Sy01 t` _..., Recorder. �' .
'„ i : /- f '
1 '
Made this day d in the '"3•re'� 1, � year of ono Lord owe thouuvd-nive hovdred and sixty—eight __,.betvem __--_ _--. __.. ._ _�' a .f
;; o. - JIM LEE DAVIS and MARY JANE DAVIS -
cube County of Weld and State d Colorado, d the ;°
nr
' UNrirsepartesd JAMES A. KNIGHT and BRENDA L. KNIGHT, 733 I
y3 .. vi of the ' Comity at Weld cad state of Catenaa d the 'Z t%' r. . I.
I .yf In r Ls
i `' second peat. I s
( Fr O)*
r-t WITNESSETH:Ttat the said parties d the first part,for and a consideration of the sum of ''{ ,
y
_, "' Other valuable considerations and TEN DOLLARS, ., �-
0 to the said part ies of the fast part in hand paid by the said parties of the second part, the receipt whereof I. Si
A O' beeby confessed and acknowledged. lave granted bargained. sold and conveyed,and by these present.do
-- 0 go nd.bargain,seE, convey and confirm unto the meld parties of the second part, as runt in tenancy In common ,
o but in jdnt tenancy,the survivor of them,their Resigns and the heirs and assigns of so-.h survivor fa-ever.all the fad- -
0 lowing daubed lot qr parcel of land situate,lying and being In the
County hi Weld and State of Cobrada to-wk ,-., .• :C
,, $ A tract of land located in the NES�b of- Section 4, Township 6 North, x°
^'t Range 66 West of the Sixth Principal Meridian, being more particu-
? larly described as follows: Commencing at. the NE Corner df said n-
S _. g Section 4 and considering the East line of Section 4 to bear South r-
h .' m 03° 51' 52" East with all bearings contained herein reli,tiie thereto; ° t.
i y Thence South 03° 51' 52" East along the East line of f NE% of d,,
( cation 4 2241.75 feet to the True Point of eglnn:n _ described fi -:
'N parcel; Thence continuing South 03 51' 52" East, 12� '0 feet along , h f
• i East boundary of said parcel; Thence North 900 0 ' 00" I:est, 349.26
'1 ' feet along South boundary of said parcel; Thence North 03° 51' 52" 44r S'
J West, 125.00 feet along West boundary of said parcel; Thence South l - ;f
jy 90° 00' 00" East, 349.26 feet along North boundary of said parcel to .:2-A-4,—.'" ii
1 True Point of Beginning. The above described parcel of land contains .>;t- - _'yd,
*''y -' -- - -- 1_a_cr - _more or le_- _ ___c___, : -- r
ff _ -_�---�--.— t_
f TOGETHER with all and singular the hereditaments and appurtenants thereinto belonging, or in anywise .-...„"..o.,,,....4,---1-'4,-
FF���+^- appasning and the reversion and reversions, remainder and remainders, rents, isms and profits thereof; and i x A
Ft.
- ail the estate,right title,interest, claim and dement whatsoever d the said part ies of the fort part either in OD a
u€ Icon or egmty, of, in and to the abort bargained promises,the heredfumeuts and appurtenances. .--t �t'&' 41
rte. r:
TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, onto the t`• u j
sid panics d the second part,the survivor of them,'their easigae,,sad,,the heirs and assigns of such survivor for- C SYt 'a
C..., em. Aud the said parties of the first pat,fotthemsves,i'1tdM r:aecntors, and ,4m!nletr-ta; do _ti�ti ,c .: S
l;▪�. covenant. Bunt bargain and agree to and with the said parties of the second part, the survivor of theca, their ,t -
r assigns and the heirs and assigns d such survivor,that at the time of the ensealing and delivering of these presents, Yom: `11. • .
't!
i . they are well seized of the premises above conveyed. as of good, sure, perfect, absolute sad Indefeasible mats
of inheritance,In law,in fee staple,and ha ye good right full power and lawful authority to grant bargain P
'� c oft and convey,the same in manner and form aforesaid,and that the same are free and clear from all former and .ti Pti t
other grants, bargains, des, lims, tares, assessments and incumbranees of whatever'dad or nature scathe: ' b' �+f 3 t
except subject to the 1967 tax assessment payable in 1968; ' -j'≥'. -
� ir reservations, exceptions, covenants, conditions and restrictions +,,-
created by instruments of record and rights-of-way and easements • �"cr 'A .
*-
ii-::: established• on the premises; phi
( ry and the above bargained premises in the quiet and peaceable possession of the said panics of the sseand part, the 1 ifKittcy
n '�.
'sarivor of them, their assigns and the heirs and assigns of such survivor,against all and any person or persons • , R+ ' )
.4 - ' Iawf fly chiming or to claim the shale et any pan thereof,the said parties .. of the flat part abefi and wit t r '" ji
WARRANT AHD FOREVER DEFEND.. - - - i -
'4 . IN WITNESS WHEREOF, the said putleasf the fan pert have hereunto aatheir hands sad • 4t1-14-WO.
�i seals the day and year first shove written. - - s i
{+., _. oe r-r v'- ',• .
ySigned. Sealed and Delivered n tut Presence of • (Q}y s�.t.a (SEAT.) 0 .•e
"II :.:7.
k - , ..am e) Davis - o nh ✓ :S
qJ
I sons * .
t • - , - ar J - e Mavis "nYs 'ti -,_
l - yr f
fr STATE�w cOLORADO,F alts n' ,
idzpi.,•. The foregoing str®mt was acknowledged before • /fi ' ' i
nns this / day d
", nnvgsld ` rrt2LC _^ JIM LEE DAVIS and Y F
19 by
4t - •
i ••,.Ili, MARY JANE DAVIS ' '
s ^T s7 q y; Witness My Mad sad Official e.t - '�„` t i �
i ?., - •— !• .EVy Ibinrn&slgn mans Na. 29.1971 3 ,. • 3
it z.... - r 1 C/ c >w C�maf' m bpi= /�//l J y� " '
i 'S ♦�'t, -`..CO:c err l.f'mu L{,�.Q-C4-vi *'"Ll A�7
�'•,°� COL°..:'` �-• o0 ry.A�i `' _1
v 3
1 1 - WARRANTY DEED—To Joint Tenants—our—""+S � 1
- - _ ._. . ..`U� - cep='[. .., .
'D°R 596 3� JUN 7196b ze_ f�A �..
rc s, SSS 6/� Ann[zn-.,.sr_�HD[ll.Fo
o p°'` MAR 4 1968 — -8 ,1
U Rrarded___ at _'dock f Y.NI I.t�''y 1
592 Reception No..___._:15 2G.5�1 ''''''"..'4.'°"t__.,Recorder. I
. I V1h18 Derby 'Made em.- ---'--� - a.r ._.. _ n jjj
•• ' year of our Lora one thousand nine hundred and sixty—eight between J a o "_
a' JIM LEE DAVIS and MARY JANE DAVIS • r o
of the Carroty of Weld and State of Colorado,of the h
O'S fine part.nod JAMES A. KNIGHT .nd BRENDA L. KNIGHT, l • �� '
rn
,-t a the crony of Weld and State Colorado,of the
L1 _ a'n
1,-1 second part: 90
.-. WITNESSETH:That the said parties a the first part,for and in com Ideation of the rum of ,
"' Other valuable considerations and TEN DOLLARS
o to the sold pan i es of the first part in hand paid by the sold:➢artist of the second part the receipt whereof is : 1
a hereby confessed and o keowledged.have granted.hargalmed,sold sod conveyed.end by tlteae Pmecnti do
o great bargain,sell,convey oaf coofrm onto the said parte.of the peened part to pas.not in tenancy in common O `
o but in joint tenancy,the survivor of[hem,their,.signs and the heir,end Reeigm.oI such ter Liver forever,all the lol-
o lowieg described lot or pared of lend,situate.lying and being in the '� --
County of Weld - and State of Coloredo,to-wit: nr. •
;.
4 A tract of land located in the NF✓ of Section 4, Township 6 North, o -:
Range 66 West of the Sixth Principal Meridian, being more particu— - iz.,`•.�
larly described as follows: Commencing at the NE Cr' - of-s"aid t, '••-
Section 4 and considering the East line of Section-., — bear South, "
03° 51' 52" East with all bearings contained herei:. -elative thereto; o
Thence South-032-51' 52" East along the East ling of ,.aid NE% of ° -•"_�'
Section 4,<-2241.75'feet to the True Point of Be i in o described - _-'
parcel; Thence'2oThtinuing South 03, 51' 52" East feet along ~�
East boundary of said parcel; Thence North 90° 00' 00" West, 242.54 ,
feet along South boundary of said parcel; Thence North 03° 51' 52" ,--�l.:a
West, 180.00 feet along West boundaryof said parcel; Thence South, •= y"j
90° 00' 00".East, 242.54 feet along North boundary of sail. parcel to - ;=a.
__ . _-. __ __True Point-of-Beginning.r-YKe-ahaVe—desciiied`parc of`ldhd-contain- r� -
1 acre, more or less. '- •• t
TOGETHER with all and singular the hereditament.and appurtenances'hereunto belonging,or k any wise X01 �•I•
_, appertaining,and the re rsion and r ersion.,remainder end remainder.,rents.lad and profits thereof;and i� -
-- _ all the estate,right,title,interest,alai reversion.,
demand whatsoever of the soid,part iesnes of the first pan,either to m� -
law or equity.of,in nod to the obove bargained premise.,the hereditaments and appurtenances. c-{
TO HAVE AND TO HOLD the said premises above bargained and described.with appurtenances,unto the t- •v, `
• .,° I Laid parties of the second part,the survivor of them,their uaigp}, d the heirs and u.igoo of'loch survivor fm- q a "',,,t
Cr'� ever.And the acid parties of the first part fotthem.rves, '6eeifs es r,and administrators,do o'
O covenant,grant,bargain and agree to and with the raid parties of the'l oud part,the of them,their `•i,c:
- NI cigos and the heat and assigns of such survivor,that at the time of the mauling cod delivering of these presents, "t"-tz'-
they are well seized of the premises above cnnvsyed,u of good,sure,perfect,absolute and Indefeasible cants - --s-
of inheritance,in law,in fee simple,and ha ye good right full power and lawful authority to great,bergaia, ••
sell and convey,the'aame in manner and form aforesaid,and that the same are free and dear from all former and ' � 'A--_
other snots,bargain.,.ales,liens,taw,as menu and ineumbraeces of whatever Hod or nature weer:
' except subject to the 1967 tax assessment payable in 1968; ( Y'r
reservations, exceptions, covenants, conditions and restrictions
,"%i�
I created by instruments of record and rights-of-way and easements F:<.
o, established on the premises;
-THIS INSTRUMENT RE-RECORDED TO SHOW CORRECT LEGAL DESCRIPTION. :`
and the above bargained premiau in the foist and peaceable possession of the said parties of the second put,theIM
survivor of them,their assigns and the heirs and assigns of suds survivor.again.'all and emy pcsoo or pvaoa. • "'
CJ lawfaU,.Liming oe to roi the whole or any put thereof.the said parties of the Era part shall m1.0 :�-
C WARRANT AND FOREVER DEFEND.
U1 IN WITNESS WHEREOF,the said parties,'the lust part hove hereunto set their hand S and ". :4
Hseals the day and rev fie.t above written. .,,.:3.`K
k
P ^t
.a / /L "f,
s-s Signed,Sealed and Delivered io the Pre..era e! _ /ee b r.r''• �Ya[y 0 +§
O J ,ft •-•,,I.-r'---4,r.-•4744. -1 0t...7.=.7,-;,--
.'.:.-%!-",.,
o �tAar1(/�J (e Davis .
v (SEAL) n• r[.
STATE COLORADO, ,'- +
QF• Th.faregaa, trmamt.a..rinowlaeied ware.e Ella I
dal d `� k:r
•
`., ::p�c.-A `'j fla'ti »�@@ h JIM L°t DAVIS and R
;rasa rt r'. MARY JANE DAVIS - O d_
•
• '^T•1...,.1.% a sm...,,fir Hand and Official Bad` If'f'il'.
Qs? Ve�aaitcuRwn. 7. '''. - .: L 1G to :[y Camp>: fr.
: 7, •..,i„,„..., .
I, : . _
--'�--•w...�...Y._r
..,�!a - —
p tix
i
C,10
C]
%°a` MAR 4 1968 — 1)
59`2 8o�d d—..___1511751... nt Atai spa k detach R«�d "' '!
Reception No. ,l r
•v I\ 1 (` ilifi Pero, mode this / / day a in the y ' ;l I
1 i" _ — _
year of our Lad our ehousandzi a hundred sad sixty—B3yht---J-hetwsea
rT JIM LEE DAVIS and MARY JANE DAVIS _J Q `e. ;, I
•of the County of Weld and State of Colorado,of the
v-i .O
In fine Pert and JAMES A. KNIGHT and BRENDA L. KNIGHT, ..1
-i i of the County a Weld gad State Colorado,of the ....2. t
.. ,
in
n sensed part: I �' !'
WITNYSSETH:That the aid parties of the feat part,for and'a eondderatlon of the Unes of
"' Other valuable considerations and TEN DOITAPS, .'•,
o to the said pert l es of the Fist part in hand paid by the said patties of the sceond part,the receipt whereof ie
0' hereby confeaed and acknowledged,hove granted,bargained,sold and conveyed,and by these presents do ,S5 ,j
o grant bargain,sell,convey and confirm onto the raid partite of the second part,to pass not in tenancy in emus=
k` q�
-'1
o hot'a joint tenancy,the enrvivor of them,their essigne end the heir.and Resigns of such eavivor forever,all the fol- n
o lowing dneribed lot or parcel of land,situate,lying and being in the
County of Weld and Stern of Colorado,to-wit '
x7
A tract•of land located in the NESS of Section 4, Township 6 North,
. - Range 66 West of the Sixth Principal Meridian, being more particu- ;" "
I larly described is follows: Commencing at the NE Corner Of said .I!{
Section 4 and considering the East line of Section 4 to bear South
03° 51' 52" East with all bearings contained herein relti/e thereto; 4,
Thence South 03° 51 e52" East along thg East gins of s NE'/q o;
ectipn 4, 2241.75 feels to the T u Point o£ a inn�n _ described _
parcel; Thence continuing South 638 51' 52" East 12:: '0 feet along '.., _ '),
East boundary of said parcel; Thence North 900 00' 00" '"est, 349.26 ,y",.e
• feet along South boundary of said parcel; Thence North 03° 51' 52"
West, 125.00 feet along West boundary of said parcel; Thence South
`
90° 00' 00" East, 349.26 feet along North boundary of said parcel to
True Point of Beginning. The above described parcel of land contain
1 acre, more or less.
TOGETHER with all and singular the eredim t d appurtenences thereunto belonging,or in any:wise .] —
appertaining,and the e and r version winder and remainders ents,u and proEto thereof;and 'r
all the
estate,right title,interest claim and dement whetaoever of the said part lea of the fort part,either in ,b .vr
'
law or equity,of,in nod to the above bargained premises,the hereditaments and appurtenances. ,--t _ � -
TO HAVE AND TO HOLD the wild premises above bargained and described,with appurteuntte,unto the - ;1
i add parties of the second part the survivor of them,their uaieTt,and the heirs and usigu of such survivor for. CD
ever.Acrd the add parties of the not part fotthemuVes,L'I9r1I•sre.ecotoe.,and rdaletntoglas,do nixie ;'
�2 rovenavt grant bargain and agree to and with the aid parties of the second part,the survivor of them,thetheir �fc A
assigns and the heirs d assigns of such.arvivor,that at the time of the caseating nod delivering of these punnets, '
\ they end
are well seised of the premises above conveyed,u of good,um.Puled,.Lams and indefra:ihle eatato .r o
of;ahcrivnce,le to.,in Ins simple,tad ha ye good right full power and lawful authority to rue bared., ti
c(.1sell and convey,the tame in manner and form&loured and that the tame are fret and dear true.0 former and I Z.1a
atlw grants.bundles,Uhl,liens,tares,assessments and incm ncea hra of whatever kind or nature noon: -I
except subject to the 1967 tax assessment payable in 196B• ,.'+;
reservations, exceptions, covenants, conditions and restrictions -. s -
created by instruments of record and rights-of-way and easements ® P._, es,
, established on the premises;
iAf
sad the above bargained premises in the quiet and peaceable possession of the said partite of the awned part theruv 'P. r, ,,
ys
assigns of than,their assigns and the have andassigns of such serviva,against all and every person m va • 4•perso 'n:
Lawfully claiming or to clan the whole or any pat thereof,the said put ies of the first pan will '
I WARRANT AND FOREVER DEFEND. 4'-;Y, .
IN WITNESS WHEREOF,the said •
parde�f the fine part hove hereunto net their hand S all
I end s the day and year Coat above wri:tu. ,a
i Signed.Sealed and Delivered io ta
h
(
e Presence of o
SEAL.)j -,-_
insLee sale 0
_,• „•�(SEAL)
ar e ndvis __ _S9 _
.X i.--- �_---_�_- --, _""— _ — , ---- (SEAL)
I •
STATE Qw COLORADO, The foregoing!purulent was acknowledged before r..'Lis I day a s •
4u ty Weld.
'' `1 0 ..�'� yp
w `"}v4cLLCJIJ iota ay JIM LEE DAVIS and
MARY JANE DAVIS
II 4
•
(
• �',aotR 5 596 � AJUN 2 7196b 1'
,. 151._8040 _._. ee Sm e•,a� glofefetp
, /,—J
ry
CD Bt%X�' aaeorded_.._MAR 4 1968 no o7=e,�et_e a $`
,� 592 y rry
Reception No. ._ .... 151 '7.#11 '1dtJ"NI' Recorder.
__ __ — / ,.,.'.I
-(ElI fs..
lis Prt'y'Made-thin __.�_�---___ -day;�f- _.-- —_v== =-in-the- _ — Ykee,..'."
of our Lord one thousand nine hundred and u '^ !I- year sixty-eight between
C` JIM LEE DAVIS and MARY JANE DAVIS - '
e county of Weld and State of Cotamdo,of the 1 —
of the -I
UN fine part.and JAMES A. KNIGHT end BRENDA L. KNIGHT, t.',3, I. :."
ra r I
�
of the County of Weld and State of Colorado,of the .3 /:
' I
N second van: �m - r t
WITNESSETH:That the said parties of the fleet part,for and in consideration of the sum of
i 'o' Other valuable considerations and TEN DOLLARS .
o to the said part ies of the first part in hand paid by the said parties of the second part,the receipt whereof is a I
I os hereby confessed and acknowledged,have V e granted,bargained,sold end conveyed,and by them presents do
I o grant,bargain,sell convey and confirm unto the mid parties of the second part,m pass not ha tenancy In Comm. C' ,
o but in joint tenancy,the survivor of them,their assigns and the beirs and assign.of such emvfvor forever,all the fel-
o lowing dearribed lot or parcel of land,situate,lying and being In the
County of Weld cod State of Colorado,to-wit: 7. ,
a A tract of land located in the NE'/q of Section 4, Township 6 North, o
/ Range 66 West of the Sixth Principal Meridian, being more particu- -g"j larly described as follows: Commencing at the NE Co • of said a
Section 4 and considering the East line of Section bear South.,
03° 51' 52" East with all bearings contained herei:. elative thereto; o
Thence South-0'°-5�1' 52" East along the East line of -aid NE% of °
Section 4,'2241.75 feet to the True Point of Begs9AtIn99_�--of described
parcel; Thence—continuing South 03. 51' 12" East, L feet along
East boundary of said parcel; Thence North 900 t, 242.54 ��"
feet along South boundary of said parcel; Thence Ndrth 030 51' 52"
West, 180.00 feet along West boundary-'of said parcel; Thence South o
90° 00' 00" East, 242.54, feet along North boundary of s •I parcel to
_.—e- --, - -=_---__,-.._,_Tr-sae---Pe nt-af-Beginning?- Tt '-abcss die'aril-ed'pa'rc �0-f—Tand`cantain= '-`ice" -.I.
1 acre, More or less. t ' :vr s �-
TOGETHER with an and singular the hereditaments and appurtenances[hereunto helonging,m in any won jO�
appertaining,and the reversion and reversions,remainder and remainders,rents,!vues oral profit,thereof;and Ni
all the estate,right,title,interest,claim and demand whatsoever of the said part ies of the fleet part,either in 71‘')
law or equity,of,in and to the above bargained premises,the heredit.mcnts and appurtenances. 1-.i-
• TO HAVE AND TO HOLD the said premises above bargained and described,with appurtenances,unto the f said parties of the second part,the survivor of them,their sa'gpp,r and the heirs and Resigns of such,oeoleor for- O •
O- ever.And the said parties of the first part,Eotthem.evesa, 'heaar executor.,and administrators,do
q covenant,grant,bargain and ogre,to and with the caid parties of the second part,the survivor of them,their a;,
tV go and the heirs and assigns of such survivor,that at the time of the ensealing and delivering of these presents,
\ they are well seined of the premises above conveyed,as of good,sure,perfect,absolute and Indefeasible estate
of inheritance,in law,in fee aimp!e,and ha ye good right,full power and lawful authority to grant bargain, C.
sell and convey,the same in manner and form aforesaid,and that the same are free and clear from all former and .-1 s+
other grants,bargains,sales,liens,taxes,uaeesments and ineumbrancea of whatever kind or nature smear: ' k'-
I except subject to the 1967 tax assessment payable in 1968; I
I reservations, exceptions, covenants, conditions and restrictions
created by instruments of record and rights-of-way and easements
a, established on the premises; •
THIS INSTRUMENT RE-RECORDED TO SHOW CORRECT LEGAL DESCRIPTION.
and the above bargained premises is the quiet and peaceable possession of the said parties of the smocd pit,the
.11-
0 nrrrivor of them,their miens and the heirs and assigns of such survivor,apimt all and every person or passes •
� lawfully claiming or to claim the whole or any put thereof,the said put ley of the first path shall and w l
WARRANT AND FOREVER DEFEND. i
IN WITNESS WHEREOF,the said perrl.ewf the first port ha ve hereunto.ettheir hood s and • v
Ift
H, seal 5 the day and year first above v:rittea. i
I,
HI •
Signed,Scaled and Deliverer! the Presence of 1 �l pi}a'
a _ LY:,, ! I�.--I ._(SEAL) `
-_-- - '------\-duet ee-Ua,+t-s---. --, - -s—�--
1.1ar/JFyn'e [n'.'i s
C.1 �J 1.
-- — ----.------(SEAL)
12 ad STATE 9F f.OLORADO.ln i`'� •;ousel ff The foregvind ipnrament wu ack.wkdged berm me this__-L....,-__Cry of -
r- ly o Wgld" t
N roan h C• /
h;.......... A` �:itLC�6= if 68.b,,___,111.4-L'?c DieV_,__tL i._ f .
11A0Y JANE DAVIS O ,
Ter
' j! _ Witnate bdy Hand and Official dr.
1
c:•
Sly a [ydaa' _ °t"'' _:'r=~_ a, i,! 1` "'
L. w�. rr _
'77-
102C-REVISED SA IONS 11 CIVIL ACTION ':. COPY
DISTRICT
• IN THE. COURT.•
STATE OF COLD
WELD I DIV
County of
CIVIL ACTION No
DOYLE BOLENBAUGH, DARRELL C.
LOCKMANN,.._TAM HIL.L..._LOCId IANN,
JAMES A. KNIGHT and BRENDA L.
KNIGHT,
•
PLAINTIFF •
VS.
•
JIM I.EF DAVIS, MARY JANE DAVIS, •
-.ELIZABETH..KEA RNS,-.-a-s--Pub i-i c
Trustee of Weld County, Colorado, SUMMONS
- -and..CLEO..T.---HADEN--and--F'LORENCG
E. HADEN, -
•
•
•
DEFENDANT
THE PEOPLE OF THE STATE OF COLORADO, ••
TO THE DEFENDANT ABOVE NAMED-GREETING:
You are hereby summoned and required to file with the Clerk an answer to the complaint within 20 -
days after service of this summons upon you. If you fail so to do,judgment by default will be taken against•
you for the relief demanded in the complaint..
If service upon you is made outside the State of Colorado,or by publication,or if a copy of the com-
plaint is not served upon you with this summons,you are required to file your answer to the complaint
within 30 days after servic I o
ctio ' �°P� RPP� wf a deed of trust, for specific
perfTo hdfi neb o' contracts, and for damages, all as appears in the
Complaint, a copy of which is attached hereto.
•
•
•
Dated
1' I _cam 1dALD0 AND pl./pi
By,/ p 1 W 1T f£r rJ �• OF SAID COURT. A E FOR Pt. NT1FF.
.' /� 1 i Waldo r. •
By.......G= —� �.L L R N. ,#36.9
P b. Box--
' DEPUTY CLERK.-. . - ADDRESS OF ATTORNEY:•
1 •� Greeley, Colorado 80632•
•
Telephone: 352-4828
SEAL V COIIRTJ,r - -
NOTE.—This summons is issued pursuant to Rule 4,Colorado Rules Civil
Procedure. -
Warning: If this summons does not contain the docket number of the civil action,then
the complaint may not now be on file with the clerk of the.court. The complaint must be filed ^
within ten days after the summons is served, o• the action may be dismissed without notice
upon:''our proper request to the court. Information from the court concerning this civil action
may'hot be available until ten days after the summons is served. -
Note—This summons is issued pursuant to Rule 4, Colorado Rules Civil Procedure.
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'If the summons is published or served.without a copy of the complaint,after the word"action"state the relief demanded.
" It body execution is sought the summons-must state"founded upon tort."
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IN THE DISTRICT COURT IN AND FOR.143E
COUNTY OF WELD AND STATE OF COLORADO
Civil Action No.
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DOYLE 119LENBAUGH, .DARRELL C. )
LOCKNANN, .TAMARA.L. LOCKt2ANN, )' -
JAMES A. KNIGHT, and BRENDA..L. )
KNIGHT, ) .
J Plaintiffs, )
COMPLAINT FOR
vs. )
. FORECLOSURE
FOR
JIM LEE DAVIS, C+MARY JANE DAVIS, ). - SPECIFIC PERFORMANCE
ELIZABETH KEARNS, as Public ) AND FOR DAMAGESTrustee of Weld County, Colorado,
and CLEO T. HADEN and FLORENCE )
E. HADEN, .
Defendants. )
FIRST CAUSE OF ACTION '
1. The plaintiff, 'Dayle Bolenbaugh, is the assignee o£.all
the right, title andinterest of Myrtle Jane Grovesllin and to a .
promissory note dated March 24, 1967, in the principal amount of
330,000.00, bearing interest• at',6 1/2%.per annum, interest payable
semi-annually with principal and interest payable in installments "
of $1500.00 each, payable on June 1 and December l of each year,
beginning December 1, 1967; to be applied first to payment of.
accrued interest and the balance to principal, with the unpaid ,
balance being due on December 1, 1972. Said'promissory note was
. secured by a first deed• of trust recorded on March'24, 1967, under
Reception No. 1501588 of the Weld County Records, a copy of which
Deed of Trust is attached hereto and made a part hereof by refer- _
once and designated as Exhibit "A".
2. The plaintiffs, Darrell C.' Lockmann and Tamara L. Lock-
, mann, 'are contract purchasers of a portion,of the lands-described
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in Exhibit "A" and a portion' of the water rights appurtenant to
the property, all as described in Agreement attached hereto and
made a part hereof by reference and designated Exhibit "B".
3. The plaintiffs, James A. Knight and Brenda L. Knight,
are the purchasers of a portion_of the lands described in Exhibit
• "A" under Agreement attached hereto and'made 'a part hereof'by
reference and designated Exhibit "C".
4. The defendants, Jim Lee.Davis and Mary Jane Davis, in
19G7 and for some years thereafter, were residents of Greeley,
Weld County, State of Colorado. .While residents of Greeley, Colo-
rado, they were the purchasers, owners, and subdividers of real
property situated within held County, State of Colorado, being
the same and identical property-as described in the Deed of Trust,
Exhibit "A". •
5. The defendant, Elizabeth Kearns, is the duly appointed
end acting Public Trustee of Weld County, Colorado.
6. The defendants, Cleo T. linden and Florence E. Haden, aro
• the grantees of the defendants, Jim Lee Davis and Mary Jane Davis;
of a portion of said lands included in Exhibit "A" under warranty
deed to joint tenants, dated August 29, 1973, all as shown in •
warranty deed to joint tenants, a copy of which is attached hereto
and made apart hereof by reference and designated Exhibit "D".
That said defendants, Cleo T. Haden and Florence E. linden, are
also the beneficiaries under a deed of trust given by the defendants,
Jim Leo Davis and Mary Jane Davis for the benefit of the defendants,
Cleo T. Haden and Florence E. Haden, all as shown in Deed of Trust
attached hereto and made a part hereof by reference and designated
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. Exhibit "E". That seid'deed of trust was given to secure a
promissory note dated August 29, 1973, in the amount of S3,750.00.
The plaintiffs are informed and allege upon informa-
tion and belief that the defendants, Cleo T. Haden and Florence
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E. Haden,are relatives of,the defendants, Jim Leo Davis and Mary-
• Jane Davis, and that said warranty.deed, Exhibit "D" and deed of
trust, Exhibit ','E" were given without consideration and are
inferior and subject to the deed of trust securing the promissory
note presently held by the plaintiff, Doyle Bolenbaugh. .
7'. The defendants, Jim Lee Davis and Mary Jane Davis, sub-
divided the property described in Exhibit "A" into separate parcels
end by mesno conveyances and releases, obtained releases from the
deed of trust, Exhibit "A", as to all of,the land except the follow-
ing parcels,rcels to-wit:
PARCEL 1: A tract of land located in the Northeast Quar-
ter (NE'k) of Section Four (4), Township Six (6) North,
Range Sixty-six (66) West of the 6th P.M., being more
particularly described as follows: Commencing at the
Northeast Corner of said Section 4 and considering
the East line of Section 4 to bear South 03051'52"
East with all bearings contained-herein relative
thereto; thence South 03°51'52" East along the East
line of said NES4 of Section 4, 1019.75 feet to the
True Point of Beginning; thence continuing South 03°
51'52".East along the East line of said NEt of Section
• 4, 1522 feet; thence North 88°55'33" West along the
South line of the NDA of Section 4, 1461.26 feet to
the East Bank of the Montgomery Seepage Ditch; thence
North 01°15'13" West along the East Bank of the Mont-
gomery Seepage Ditch 271.99 feet; thence northerly
along said East Bank of the Montgomery Seepage Ditch
North 01015'13" West 664.66 feet; North 00011'22" East
368.60 feet; North 15016'12" East-128.68 feet;.North
00°35'48"West 61.98 feet; thence South 90°00'00" East
parallel to the North line of said NE7% of Section 4,
1344.46 feet to the True Point of Beginning, together
with an undivided one-half (1/2) interest in all water
for the irrigation thereof derived from Montgomery
Seepage and Drainage Ditch, with all its connecting
ditches and tile drains, and all water collected and
to be collected thereby, title to which was quieted
in William A. Groves by Decree entered May 11, 1926,
in ease of Jacob Eisenbach, Conrad Hoff and Peter
Lauridsen vs. Villiers A. Groves, Case No. 6642 in the
District Court of Weld County, Colorado; and together
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with one-half (1/2) interest in irrigation pump
and motor and pipeline, EXCEPTING therefrom the -
. following described parcel:
A tract of land located in the NEy, of Section 4,
Township 6 North, Range 66 West of the Gth P.M.,
Weld County, Colorado, being more particularly •
described as followsi ' Commencing at the northeast
corner of said Section•4 and considering the East - -
line of said Section 4-to bear South 03051'52" East
with all bearings contained herein relative thereto•,
thence South 03°51'52" East along the east line of
said NE% of Section 4 a distance of 1925 feet' to .the
True Point of Beginning; thence continuing ,South 03°
51'52" East along said East line 180 feet; thence .
North 90°00'00" West parallel to the North line of
said NEg of Section 4 a distance of 242.54 feet'; '
thence-North 03°51'52" West parallel to the East t:
,line of said NE'% of Section 4 a distance of 180 feet;
. thence South 90°00'00" East parallel to the North line
• of said NE% of., Section-4 a• distance of 242.54 feet to
' the True Point of BeginningLandEXCEPTING therefrom
the following described parcel: '
A tract of land located in the NE% of Section 4, Town—
'ship 6 North, Range 66 West of the Sixth Principal -
Meridian, being more particularly described as follows:
• Commencing at the NE corner of said Section 4 and con—
aidering the East line of Section 4 to bear South 03°
' 51'52" East with all bearings contained herein relative '
thereto; thence South 03°51'52" East along the East
• ' . line of said NEk of Section 4, 2241.75 feet to the True
Point of Beginning of described parcel; thence continu-
ing South 03°31'52" East, 180.00 feet along the East
boundary of said parcel; thence North 90°00'00" West,
242.54 feet along South boundary of said parcel; thence
North 03°51'52" West,'180.00 feet along West boundary
of. said parcel; thence South 90°00'00" East, 242.54 feet
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along North boundary of said parcel to True Point of
Beginning. The above described parcel of land•contains
one (1) acre, mare orless. -
• PARCEL 2: A- tract of land located in the Northeast Quar-'
ter (NE'%) of Section 4, Township 6 North, Range 66 West
- of the Sixth Principal Meridian, and being more .particu-
" larly described as.follows:
Commencing at the.Northeast Corner (NE Cor) of said Sec-
tion 4, and considering the North line of said Section 4
to bear North 90°00'00" West and with all other bearings
' . contained herein.being relative thereto; thence North 90°
• • 00'00" West, along the North line of said Section 4, 685.00 -
feet to the True Point of Beginning; thence South,46°55'56"
East, 1,000.85 feet to a point on the East-line of the
Northeast Quarter (NE'%) of said Section 4; thence North
• 90°00'00" West, 685.00.feet; thence North 03°31'52" West,
685.00'feet to the True Point of Beginning. Said tract
of land contains 5.374 acres and is subject to any Right-
of-Way .or other easements as granted or reserved by instru-
meats of record or as now existing on said tract of land.
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8. On March 24, 1967, the defendants, Jim Lee Davis and
Mary Jane Davis, were the owners of all of the real estate de-
scribed in Paragraph 7 above.
9. On March 24, 1967, the defendants, Jim Lee Davis and
Mary Jane Davis, executed and delivered to Myrtle Jane Groves
their promissory note in the principal sum of $30,000.00 in con-
sideration of a loan made to them by Myrtle Jane Groves as a part
of the purchase price of the above described property. Copy of
said note is annexed hereto as Exhibit "F" and made a part hereof
by reference.
10. To secure the payment of said promissory note, Exhibit
"F", interest to accrue thereon, attorneys' fees and other charges
that might arise upon or against the above ,described property, the
defendants, Jim Lee Davis and Mary Jane Davis, made, executed and
delivered to the said Myrtle Jane. Groves a deed of trust dated
March 24, 1967, ,recorded March 24, 1967, under Reception #1501588,
covering the property described in Paragraph 7 above together with .
other property. ' Copy of said deed,of trust.is annexed hereto as
Exhibit "A": The plaintiff, Doyle Bolenbaugh, is the owner and
holder of the above described note and is the beneficiary of the
above described deed of trust.
11. The.defendant, Elisabeth Kearns, is the duly appointed
and qualified and acting Public Trustee of Weld County, Colorado,
and as such is the legal holder of the real estate described in
the Deed of Trust, Exhibit "A".
12. It is provided in said deed of trust, Exhibit "A", that
in case of default in payment of the note secured thereby,or any
part thereof, 'or in case of the breach of any of the covenants and
agreements contained in said deed of trust, then the whole of the
principal secured by said deed of trust and the interest as,pro-
vided in said note at the time of sale may at once become due and
payable, and the property described therein may be sold for the
payment thereof: ' Said deed of trust further provides that in case
of foreclosure thereof through court, the maker of the note secured.•
thereby agrees to pay the,•sum-of 1030 additional on the amount due
_ as attorney fees.
13. The defendants, Jim Lee Davis and Mary Jane Davis, have.
failed to make payments on said note of interest and principal as . '
the same became due pursuant to 'the terms of the promissory note,
Exhibit "T"., There is now due and unpaid thereon the principal
_ sum of-818,561.43.together with interest thereon to October 15,
• 1978, in'the amount of 811,935.25 as provided in the promissory
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note, Exhibit "(E" 'annexed hereto
14. ' The,defendants,-Cleo
T. Haden and Florence E. Haden,
claim an interest in and to Parcel 2 of the above described prop-
erty by .virtueof.a deed of trust dated August 29, 1973, and recorded
November 23, 1973,.-,under:Reception No. 1625255 of the Weld County
• Records, securing a purported promissory note in the amount of
$3,760.00. The lien created by said deed of trust is junior and
inferior and'subject to the plaintiffs' lien
15.' The plaintiffs, Darrell C. Lockmantv'and Tamara L. Lock- '
mann, claim an interest in the above described property under con-,,_.
tract of sale dated October 26, 1967, recorded nn May 11,1971,
under Reception #1567568 of the Weld County Records, a copy of
which is attached hereto and made a part hereof by reference as
Exhibit "B"�.'
16. The plaintiffs, James A. Knight and Brenda L. Knight,
claim an interest in the above described property, Parcel 1,
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under contract of purchase dated March 1, 1968, a` copy of which
is attached hereto as Exhibit "C" and made a part hereof by
reference. The contract to purchase of James A. Knight and
Brenda L. Knight is junior and inferior and subject to the plain-
tiff, Doyle Bolenbaugh's lion.
WHEREFORE, plaintiff, Doyle Bolenbaugh, prays for judgment
and decree as follows:
A. For a personal judgment in favor of the plaintiff, Doyle
Bolenbaugh, and against the defendant, Jim Lee Davis and Mary Jane
Davis, in the amount of S3O,496.63, together with interest at 10%
per annum from October 13, 1978 thereafter.
B. For a reasonable attorney's fee as provided in said note
and deed of trust.
C. That said deed of trust, Exhibit "A", be decreed to be
a first and prior lien against the real estate described in Para=
graph 7 of the Complaint.
D. That a Decree be entered foreclosing said deed of trust,
Exhibit "A", and for sale of the mortgaged real property and
appurtenances according to law and practice of this Court.
E. That the proceeds of said sale be applied to the payment
of the amounts due plaintiff, Doyle Bolenbaugh, as aforesaid, so
far as sufficient.
F. That the defendants, and each of them, and all persons
claiming by, through or under them, or any of them, and the other
plaintiffs to this action be barred and forever foreclosed of all
right, title and equity of-redemption in and to the mortgaged real
estate described above.
G. For costs and such other and further relief as may be
proper.
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SECOND CAUSE OF ACTION .
1. The plaintiffs, Darrell C. 'Lockmann and Tamara L. Lock-;
mann, reallege all •allegation of Paragraphs 1, 2, 4, 5, 6, 7,
8, 9, 10., 13 and'15.of the.First Cause of Action by reference.
2. Plaintiffs, Darrell..C. Lockdann and Tamara L. Lockman,
are contract purchasers of a,portion of the lands described in
Exhibit "A" and a portion ofthe water rights appurtenant to the
'property, all, as described in Agreement,,Exhibit "B" attached
hereto and made a part hereof by reference.
3. That a portion of the property under contract has been
• .conveyed to these plaintiffs by warranty deed recorded November
' . 14, 1967, in Book 588, under Reception No. 1509931 of. the Weld.
County Records, and re-recorded on June 27, 1968, in Book 596,
under Reception #1518039 of the Weld'.County•Records, a copy of .
which deed is attached hereto as Exhibit "B" and made.a part
- hereof by reference, and again by warranty deed recorded March •
27, 1969, in Book 607 .under Reception No. 1529273 of the Weld
County Records. ;
4. That the contract, Exhibit "B", together with executed
deed,to the remaining property under contract, was placed in escrow
with•the United Bank of Greeley, formerly Weld County Bank.
5. The deed held in escrow by the United Bank of Greeley.
- erroneously described the remaining property to be conveyed to
these plaintiffs and should be reformed and.corrected.
6. These plaintiffs tendered payment of the unpaid balance
of the contract, Exhibit "B", in the amount of S11,456.33 to the:•
defendants, Jim Lee Davis and Mary Jane Davis, on:or about May'1,
1972, and requested' the said' defendants to execute a corrected
and proper deed of conveyance, conveying the lands remaining under
contract to these plaintiffs and to provide a title insurance
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- . commitment as provided ,in, Exhibit "B".- The defendants, Jim;Lee., - -
• • "Davis._and,Mary.Jane Davis; refused:to execute the deed-tendered
- - to .them or to-,prr;vide a title :insurance commitment and have eon
tinued.to,.refuse to provide .a •corrected,deed of conveyance ,
,although,requested to do.;so occasions since May,1
• of 1972.
: 7. :At the,time-of -tender of the unpaid amount-of•the, con
tract.price by these plaintiffs,;.Darrell-C. -Lockmann.and Tamara. •
L.' Lockmann_, it was discovered for the.first time that'a greater-
amount'was owed,on the note secured by deed'of trust:on said
property, Exhibit "A", payable-;to Myrtle Jane Groves than ryas- -
duo the defendants, Jim Lee Davis and Mary Jane Davis,; upon .con-
• tracts for sale--of lands. entered into by Darrell.C. Lockman,•
Tamara L.. L ckmann James Kni ht and•Brenda L. Knight, and o •
• there was no other,place:to.obtain,the_additional-•;funds"•for'the
than t _ v from *he defen-•of Myrtle Jane Groves an o ha a 'a ent , e
payment-- P Ym
dants,.Jim Lee Davis—and—Mary Jane-Davis,:if.the -note and deed:of
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trust for Myrtle Jane Groves was to be satisfied.
• 8.- ' A correct..description..--of the remaining property,being,
purchased by plaintiffs, Darrell•-C.- Lockmann and Tamara L. Lock
man, from the defendants, Jim Lee Davis and Mary Jane Davis, is . ,,
as follows:.
, A tract-of land located,in the• Northeast-Quarter .
(NE%) of Sectirm,Four-'(4),-.Township•Six (6) North, •(6 -
Range Sixty—six. 6) West-.of-.the,the,6th Principal
:,. .Meridian-,-Weld County; State; f`:Colorado,,,being:
• more particularly 'described as follows:
• - Commencing. at the,Northeast Corner of said• Sec-
. • tion•Four, (4) and Considering-the East'line of '
Section'.Four•(4)': to;:bear bear South 039-51' 52",East -
- with all bearings .contained herein relative there
- • to; thence South'03^ 51' 52"• East:along the East
• - .- • line ,of said Northeast Quarter (NC"i) of Section • .
Four (4), 1019.75 feet-to.the-true point of be-
ginning, thence.continuing'South 03° 51'•-52" .
,East along the East:line'of -said,Northeast'Quay . • -
ter -(NE54).of Section Four (4),x905.25 feet; thence .
: South 90^ 00'. 00",West, parallel to *he North line •
- • of Said Northeast:Quarter (NE'4)"-ot.Section Four . -
' '(4); 242.54 feet; ..thence South 03^-51'. 52!' East • •
• -- parallel .to the.East. line nf-said.Northeast Quar_
- ter Oak).of Section Four (4),-180 feet; thence- -,
• 'South 90^.00' 00"'.East'parallel to the North line;t
•of said Northeast..Quarter (NE3l) -of:Section',Four
(4),. 242;54 feet;.'thence:South t03° 51.! 52".East •
• • along the East line of:eaid Northeast Quarter
(NE34) of'Section -Four-(4),.136,75.feet;. thence.
North 90^ 00' 00".,West_parallel to;the,North line
:: • of:said Northeast-:,Quarter (NE34) of Section Four ,.••_
(4),. 1446.74 feet•' ot the East bank rif the.Mont;:-. • . •
.gomery Seepage Ditch;,thence Northerly along•said
• East„bank 'of the.Montgomery .Seepage-Ditch•by the ' ' -
'. following courses and distances:; •North 010 15' 13"
. . . • West;''664:66 feet;."North 00° 11' '22" East, •368.60
. • feet; North 15° X16'-'-12" East,•;128.68 feet; North
v . 00"'.35' 48" West, 61:98 feet;•.'thence South.90° ,00' ,
- 00"-Eastt parallel to: the,North line of paid-North-
`east. Quarter, (NE34)*.,of Section Four (4),,•1344.46•feet
•: " to the True Point 'of Beginning;-together with an -
. • undivided one-half• (1/2) interest in•all,water_ for_
the irrigation thereof derived from Montgomery. ..'
• . . Seepage and.Drainage Ditch, with all its connect- • -
ing ditches'and tile drains, and all water collected ' -
- .. grid 'to be-collected thereby, .title to which:was . • •
: • quieted dn.William--A. Groves by Decree entered May
11, 1926, in case of Jacob Eisenbach, Conrad.Iloff , •
and Peter. Lauridsen vs. William A.,Groves_,- Case No.
- 6642"in•the .District'Court of`Weld-County, Colorado;' ..
- ...end.together with one-half (1/2) interest in irri- " -
,. ..,' gatinn pump and-motor'arid pipelines.
9: The principal 'sum of $11,456.33 is owed by these plain- „
.tiffs, Darrell C:`•Lockmann:and Tamara'L: Loclenann;•under'the terms'
of,.the.agreement, Exhibit ."B!!;,•.dated.ectober.•:26, 1967. ..;' ' .
1O.- •The defendants, Jim'
Lee Davis is and Mary Jane Davis', are
in:defaultagreement,in violation of the terms of the Exhibit,' .= •
: - "B", :in the following respects -
- A. They have failed and neglected and'refused to pay
the•taxes as levied by the County of Weld.and.State•of Colorado, .,
• =on lands
, described as Parcel 2 of'Paragrapl 7 •cif the'First Cause;. .
,.,. - . of Action for the:'years 1972.,through 1978.1. These plaintiffs, , -
Darrell- C.-Lockmann• and Tamara L. Lockmann, "have paid'the taxes
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..on'four (4) acres of- the five-acre tract-described in Parcel 2 .
'in the following amounts: . • .
. 1972 through 1976 " . $ 137.47- . . • •
Late payment penalties '_. '
• and interest • _ •45.75
. • 1977 ,34.97 . •
- . .' -1978 32.11 .
3/8ths of pump repairs of '
a total amount of.8265.32 99.49 ,
. • , 3/8ths_nf cleaning the ditch ' ' - '-
" of a total amount of $806.76 302..54 •
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. .Total $ 652.33 . .
B. They have failed and neglected and refused to provide.
these plaintiffs with a proper deed.of conveyance of the property
described in-Paragraph 8" nf the Second Cause of Action, although
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demand was made nn these defendants to,provide such a conveyance.',
- C. They have failed and neglected and refused to make
' payments on'the-prnnissory, note payable to Myrtle Jane-Groves ,
- although demand was made, upon them.to make,payment. .
11. That,these plaintiffs, Darrell C. Lockmann and Tamara L.,
•Lockman, made tender of the then unpaid balance under their con-.
tract to the United Bank of Greeley, Colorado, the'escrow holder, ,
on May' ll, 1972.. Due to the fact the bank was not able to deliver
a.good'and sufficient warranty deed conveying a,good and merchanta-
ble title, clear of any encumbrances, these plaintiffs were unable.
' to make payment 'and clear their property.' " " ' .
12. If these plaintiffs"were to pay the unpaid contract. price
- of $11,456.33 plus interest on'same at 6 1/2% per annum from May .
- - 11', 1972, tO December 1,.1978, they would:owe a total gf:-$4,882.11, - '
- - interest plus $11,456.33 principal nr a total of 816,338.44. These'
plaintiffs-should be permitted,to'show"payment,of the total sum of--
. $16,338.44 and receive a'warranty, deed tn.the property described'.
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• in Paragraph 8,,of the Second .Cause of Action. The sum of
- 516,338.44 should be credited against the unpaid balance of the
promissory note payable to Myrtle Jane Groves in the First Cause
• of Action.."
/3. These.plaintiffs have been damaged in the amount of
x+5,000.00 by the'defendants, Jim Lee."Davis and Mary Jane Davis',
,wilful failure and refusal to provide a proper conveyance of the
property upon tender of the purchase price and their continued
• refusal to make."payment-Of the unpaid balance of the•.note payable
• to,Myrtle,Jane Groves. •
14. These plaintiffs have made payments on the promissory
'note payable to Myrtle Jane Groves subsequent to May 11, 1972.
WHEREFORE, plaintiffs, Darrell C. Lockmarin and Tamara L.
Lockmann, pray for judgment:and Decree as•follows: ;
• , A. For a decree.requiring these plaintiffs to make pay—
ment of the sum of S11,456.33 principal and 54,882.11 interest, or
a total-of 316,338.44, to satisfy their agreement of October 26,
1967, Exhibit "8","in full. . That atl" payments made by these plain=
tiffs"subsequent to May 11, .1972, be credited toward this account: ,
• - • B. That this Ilonorable Court appoint the Clerk of the
District'Court 'of Weld County, Col'orado,'as .Commissioner tn'execute
' and deliver a deed conveying all the right-, title -and interest of
the defendants, Jim Lee Davis and Mary Jane Davis, in and to the
,property described in-Paragraph 8 of the Second Cause of Action
unto these plaintiffs, Darrell C.-Lockmann and Tamara L. Loclaaann,
as joint tenants.- •
C. That.these plaintiffs have and receive a title insur—
ance policy showing a good and merchantable title in said premises
in these' plaintiffs, at the expense of the. defendants,,Jim Lee
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Davis and Mary Jane Davis. •
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=D. That this Honorable Court enter an Order'herein dis
missing the'proceedings as:to`the property described in Paragraph;
8 of the Second Cause,ofAction'upon these plaintiffs satisfying •.- - •
in_full: their.nbligation.to_,pay.the sum of $16,338.44,..after•. , ,_ ' •
allowing credit`for the payments made'by'.,these plaintiffs sub-
sequent to"May 11, 1972,
E. .'That•these plaintiffs-have and receive credit'for '
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the sum.of Si652.33•for taxes, pump-repair and ditch cleaning -
advanced tor the defendants,;;Jim Lee Davis and Nary_ Davis.
F. That' these plainti"ffs have:judgment against' the defen- . •
• dants,'.Jim Lee'Davis and Mary'Jane Davis,`.for.the",sum•of $5,000.0Q. : ,
. damages suffered by these, plaintiffs as a result•of:the defendants!.
refusal to `perform under:the'agreement of=sale j o u�'tiF. Cne
- : . g, ,For--such-other.-and further:.relief as may be,proper. . •_
• THIRD-CAUSE OF ACTION
., -1.. The' plaintiffs,'. James A: Knight.end.Brenda'L. .Knight, •
- reallege.all allegations .of;Paragraphs 1,_3, 4, 5' •6,,.7, 8; 9, 10,' ,•
11,• 12,:•13; 14,'15 ,and 16 .of the First. Cause of Action,:by reference. .
• ' 2. . Plaintiffs, James A. Knight,-and;Brende L.'Knight, are"con:
• _tract`purchasers•of a portion•of the_ lands described in Exhibit "A"• •
' and a portion'Of:the,;water rights appurtenant to the property, .all.,.
.as;described the,agreement :Exhibit'"C", attached,hereto and -
made a part hereof by;reference • ' .
3. That a portion of•the property under contract has been
conveyed in.these plaintiffs-.by'warranty-deed recorded March 4,,:
1968, .in'Book.592.under`Reception #1513751:_of.the.Weld County-- - • -
Records,.end re-recorded.on:June 27, 1963,• in:Book 596: under Recap-:_, . •
. - •. tion;#1518040 of the Weld-County. Records, •a copy of which deed is • . -
' attached hereto tas Exhibit "I" and made apart hereof• by,reference. `•
- 3-
1
•
•
4. That the contract, Exhibit "C",';together'witht;the execu-
ted deed to the remaining:property under contract was placed in,,.
escrow with the.United Bank of Greeley,:formerly Weld County Bank, ; .
"5. The deed held in escrow by the United Bank of Greeley -
erroneously described the remaining property to, be.conveyed-to'.
these:plaintiffs;and should be reformed and corrected. ,
6. These'.plaintiffs tendered payment' of the'unpaid balance
of the contract, Exhibit "C",' in;the amount- of $3,454.01 to the
defendants, Jim Lee Davis and Mary Jane. Davis, on or about May 31,'.
1972, and requested the said defendants to execute a corrected and
proper deed of conveyance, conveying the lands remaining under con-
tract to these plaintiffs arid to provide a title insurance commit
ment as provided in Exhibit "C"..' The defendants, Jim Lee Davis,and
Nary Jane Davis, refused to execute the''.deed tendered to them •or to
provide a title insurance commitment and have Continued tp refuse_
to provide a corrected deed of conveyance although requested to,do
so on several occasions since May 31 of1972.
7. At the time of tender .of:the unpaid•amount of the contract
price by these plaintiffs, James A. Knight-'and Brenda L. Knight, it
• was,discovered for the first time that a greater amount was owed on•,
'.the' note secured'by-,deed.of'trust on said property, Fxhibit. "A",
payable to Myrtle Jane"Groves,, then was due the defendants, Jim Lee
Davis and Mary;Jane Davis," upon; contracts ;for sale of lands'entered
into by Darrell C Lockman,•-Tamara•L•. Lnckmann, James A. Knight
find- Brenda Knight; _end there was nn other place to obtain the
additional funds for .the'paymentinf Myrtle Jane Groves than to have
payment:+from.:the,defendents, Jim.Lee Davis and Mary Jane Davis, ,-
if the note and deed of trust, for Myrtle Jane Groves-was to be •
satisfied. ,
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•
• ' • •
8. A correct-description of the remaining property being
purchased by the plaintiffs, James A. Knight and Brenda L. Knight,
from the defendants, Jim Lee Davis and Mary Jane Davis, is as
follows:
A tract of land located in the Northeast Quarter
(NE34) of Section Four (4), Township Six (6) North,
Range Sixty-six (66) West of the 6th Principal
Meridian, Weld County, State of Colorado, being
more particularly described as follows:
Commencing at the Northeast Corner of said Sec-
tion Four (4) and considering the East line of
Section Four (4) to bear South 03° 51' 32" East
with all bearings contained herein relative
thereto; thence South 03^ 51' 52" East along
the East line of said Northeast Quarter (NEst)
of Section Four (4), 2241.75 feet; thence North
90^ 00' 00" West parallel to the North line of
said Northeast Quarter (NEA) of Section Four (4),
242.54 feet, more nr less, to the True Point of
Beginning; thence continuing North 90° 00' 00"
West, 1204.20 feet parallel to the North line of
said Northeast Quarter (NEW of Section Four (4)
to the East bank of the Montgomery Seepage Ditch;
thence South 01^ 15' 13" East along said East bank
of the Montgomery Seepage Ditch, 271.99 feet to
the South line of said Northeast Quarter (NEA)
of Section Four (4); thence South 88^ 55' 33"
East along said South line of the Northeast Quar-
ter (NEi4) of Section Four (4), 1461.26 feet to
the East Quarter Corner of said Section Four (4);
thence North 03^ 51' 52" West along the East line
of said Northeast Quarter (NEA) of said Section
Four (4), 120.00 feet; thence North 90^ 00' 00"
West parallel to the North line of said Northeast
Quarter (NEA) of Section Four (4), 242.54 feet;
thence North 03° 51' 52" West parallel to the East
line of said Northeast Quarter (NEY) of Section
Four (4), 180.00 feet to the Truc L'nint of Be-
ginning; together with an undivided one-eighth
interest in all water for the irrigation thereof
derived from the Montgomery Seepage and Drainage
Ditch with all its connecting ditches and tile
drain, and all water collected and to be collected
thereby, title to which was quieted in William A.
Groves by Decree entered May 11, 1926, in case of
Jacob Eisenbach, Conrad Hoff and Peter Lauridsen
vs. William A. Groves, Case No. 6642 in the District
Court of Weld County, Colorado, and together with
one-eighth interest in irrigation pump and motor
and pipelines.
9. The principal sum of $3,454.01 is owed by these plaintiffs,
James A. Knight and Brenda L. Knight, under the terms of the agree-
ment, Exhibit "C", dated March 1, 1968.
-15-
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'Pitt'
� '.
•
*I'
10. 'The defendants,.Jim'Lee-Davis and Mary Jane Davis,' are.
in 'default'and in violation.:of the terms of the agreement., Exhibit°
fCn,•,:'in the following respects: "
- A: ,They have failed'and neglected and refused to pay•
the:taxes aa. levied by the.County of.Weld and State.of Colorado, '
on lands described as Parcel,'2 of Paragraph 7 of the rirst Cause
of•Action for:the years of- 1972 through.1978. These plaintiffs : ;
have paid the taxes on one acre of the five-acre tract described
in Parcel 2 in the following amounts: •
.1972 through.1976 u 34.37
Late paymentpenalties`:and ' ' •
- 'interest 11.44
1977 8.74.,
1978 8.03.
Total S 62.58
•
B. They have failed and neglected and refused to provide
- - ' these plaintiffs with a,proper deedof-conveyance"of the property `,
described in Paragraph.3 of the:Third Cause of Action although•,
demand was made"oh:these,-defendants to provide such acoiveyance.',
C. They have failed and neglected and refusedte make,
payments on the promissory: note payable to Myrtle Jane Groves
although demand was made upon them to make payment.''' :
11. _These plaintiffs,, James A. Knight and Brenda L. Knight,`
made tender, of:the then unpaid balance under their contract to the
United Bank (if.Greeley, Colorado, the escrow holder, `on May 31,
1972.,. Due to'-the fact the bank was not able to deliver a goad and
sufficient warranty'deed-conveying a good-,and merchantable title,
clear`of2any encumbrances, these plaintiffs were unable to make
payment and„clear their property
12. .If:.these plaintiffs were,to pay the unpaid:contract;price
of $3,454.01 plus interest:-on: same at 6 l/293 per annum from May 31,
-16-
ye
C.. ;That these plaintif€s have, and:receive a title
_ • insurance policy showing:--a-good and merchantable title_in said
premises in these plaintiffs ,at-the expense of the defendants, •.
,Jim-Lee,Davis and Mary Jane.'Davis.
D: That this Honorable-Court enter-an order. herein dis- ,
' missing the proceedings as to the property .described"in,Paragraph
8 of the-Third Cause of Action''upon these plaintiffs satisfying.
• in full their.nbligatinn to •pay the:sum of ,34,913.63,`after allow-
ing.credit .for the payments made by these plaintiffs,subsequent .. , '
to. May'31, 1972.
, E. • That these plaintiffs have and receive credit for
. the sum of $62.58 taxes advanced",for the defendants, Jim Lee Davis
and Mary Jane-Davis, on the:property described as'Parcel 2 of.
Paragraph 7 of the"First-:Cause.of Action:„
F. ,That these plaintiffs have judgment against -the'-defen
:dents", Jim Lee Davis and Mary Jane Davis, for the sum of 35,000:00
damages suffered by these-plaintiffs as a result of the defendants'
refusal to perform under the agreement of sale? -U
G. ` mor`such other and further relief as may be proper.'
WAL ND'WALDO/ �/
Dy �, VU -
_17.a 1ph . wa1do, Jr. . -
C.R:N. #3G04 !!//
Attorneys. for the Plaintiffs
•
• P. 0 Box 775
. Greeley, Colorado 80632•,
Telephone: 352-4828
Addresses of. Plaintiffs:
•
Doyle Dnlenbaugh.
2520"50th Avenue
Greeley, Colorado 80631
Darrell C. Loctanann and,
Tamara L. Lnckmann
35581 Weld County `Road #31 ' .
Eaton, Colorado 80615
James A. Knight, and,
Brenda L: I{night _ -
35523 Weld Count Road #31 '
Eaton,tColorado 80615
18- ;
1972 to-December 1 of 1978, they would owe a total of $1,459.62 '•
interest plus $3,454.01 principal, or a total_of 34,913.63._ These l:
plaintiffs should be permitted'to-show payment of the total sum
of 34,913.63 and receive..a warranty deed to the property described
in-Paragraph 8 of the Third Cause of Action: - The sum of $4,913.63
should be credited against,the unpaid balance of the promissory .
note payable to Myrtle.Jane"Groves_in the First Cause of Action.
13. These plaintiffs have .been damaged in the amount of
$5,000.00:by the defendants, Jim'Lee Davis and'Mary Jane Davis',-_
wilful failure and refusal to provide a proper conveyance of the
property upon tender of the purchase price and their continued •
refusal t make payment of the unpaid balance, of the,note payable : .
to Myrtle Jane Groves.
, 14. These plaintiffs have made payments on the promissory.
note payable tn,Myrtle Jane Groves subsequent to May 11 1972.
WHEREFORE,-,plaintiffs, James A. Knight and Brenda L. Knight,
pray for_ Judgment and Decree as.follows::
A. For'a decree requiring these plaintiffs to make pay
went of`the sum of $3,454.01 principal and S1,459.62 interest, or
a total.of 34,913.63, to satisfy their agreement of March 1, :.1968,:
• , Exhibit "C", in full. That all payments made by these plaintiffs,- -
subsequent to May 31, 1972, be credited toward this account. : .-
B. That this Honorable Court appoint the Clerk,of the: :
District Court of Weld County, Colorado, as Commissioner to exe_
cute and deliver a deed conveying all of the right, title and
interestoff the defendants; Jim Lee Davis and Mary Jane Davis,
in and to the property described in Paragraph B 9f.the First Cause.,
of Action unto these plaintiffs, James A. Knight•-and Brenda L
Knight, as joint tenants.
17
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• i . . • '01
•
•
•
f, t v R<.,;Dtion NO. �I I I_)�].) _ANN S.OM1, _RK/o]rdcr
i 1e 1' 550 OAR.i4. at.YSJy_0•Cloc Ir�r..u.
ii p(If
= 3 /
t Ellis Pnarnitttr, Made this lath der nl A'.arch
Pll. ' in the year of one Lord,sac thousand nine hundred and sixty—seven between .
Jill LEE DAVIS and MARY JANE DAVIS
it • whore aJdrev is Covvry of Weld
t ch .State to
f`h tJ State of Colorado,pasty of the lust pan,and the Public Trona of the County of Weld
w\ Colorado,party of the second Dut Wimcautbt
N
O THAT WHEREAS.The said party of the lint pan has executed has one _
w\ promissory note ,bearing nee date herewith.1ayable to the order of .
..
NI
MYRTLE JANE OROk,ES
�-.. ^.' in installments as hereinafter set forth,
c
4 r: .
0 • alter the Date thercol,far lW principal sum of
---THIRTY • •
? THQWSAND AND NO/100----- Dnsar.
..
- on upPaid bade balance cent.per annum, -
._. with ivtereatAavuon from a and due m 6-112 Der .
interest pays ie semi-annually. Said, principal.and interest shall be,due and pay- .
!' G able in installments of $1500.00 on June i. and December 1 'of each year; ba- .
ginning December 1, 1967, applied first to payment of accrued interest and
•
^.n balance to principal, with final payment of an, balance then remaining due
- :Al on December 1, 1972.
•
u � AND WHHRMAa,The said party of the Ihn pen is &dfeow of 'cretin:, not only the prompt payment of
E - said promissory note ,btu also of effectually securing and indemnifying the said payee, besetkiary hereunds, .
for or on account of any assignment,endowment or guarantee of said promissory rota
NOW,THIItDDlORR.The said parry of the Lira par; in consideration a the premises. and for the purpose
aforesaid. and in the further consideration of one doi:ar.to him W hand paid by the pasty of the.accond peel the '
receipt whereof is hereby confessed. Ws granted. bargained, sold and conveyed. and herby does grant bargain,
7' l of the second pert in trust forever, all i e perks •tate io'the County of
' sell and convey note the said part/ W
Weld .State of Colorado.know and described ea follows,to-eat: .
f... All that part of the Northeast Quarter 07E$) of Section Four.(4), Township
Six (6) North, Range Sixty-six (66) Nest of the 6th P.M., described as - •• -
i follows: Commencing at the Southwest corner of said Northeast Quarter (WE)f); 1.
thence South B0"31' East 12041 feet to the true point of !shinning (said
r, point being on the East bank of the Mantgomery Seepage Ditch); thence follow
ing the East bank of said ditch Earth 01"35' t.'est 227 feet; thence North 323
• 1 feat; thence North 03°45' kfeat'33S feet; thence North 00°45' West 322 feet;
" i, thence North 02°D0' Neat 113 fr.c; thence North 20°20' East 75 feet; thence
•
North 01°00' last 262 feet; thence North 02°O5' neat 300 feat; thence North
�, '.i 00°10' bleot 267 feet; thence North 00°35' Nest 273 feet to the North line of
id. said Northeast Quarter.(1Wk); thence East on the North line of said Hortheas
F?' ' Quarter (NE/) to the Northeast corner of said Northeast Quarter (NE1); thenc
South on the East line of said Northeast Quarter (NE1i) to the Southeast
1' (,L thence Westerly on the South line of -
corner of said Northeast Quarter 1"'#t):
e: said northeast Quarter (flits) to the point of beginning;
r Together with all water for the irrigation thereof derived from Montgomery -
- Seepage and Drainage Ditch, with all its connecting ditches and tile drains,
I and all water collected and to be collected thereby, title to which was
1.quieted in William A. Groves by Decree entered Hay -fl 1926 'in='Cig'_'"'Qf e'':. • • 4-
f •
' Jacob Eisenbach, Conrad Hoff and Peter Lauridsen vs William A. Groves.- Case
• 170, 6642 in the District Court of Weld County, Colorado; together with .
irrigation pump and motor, and pump and motor in domestic well in yard.
4 - TO HAVE AND TO HOLD The same,together with all and singular the privileges and appurtenances thor ermion .
to tl c
t, Thai in m<of default in tie ps snenl of said note,or say part thereof,
paymelna.In Tenn He�tWln,s
F payment of the Intnut thereon,accord!a to the tenor and riled thereof,or In the payment of any prior encumbrance.
principal or Intnut.if any,or In roe default shall be made In,or in e of violation
demand it writing.breach fill d oathe the old
conditions, covenants agreements contained. then. upon notice•
h party of the second part by the beneficiary hereunder or the lent holds(of the Indebtedness atoned hereby, that such
',tactician,or legal holder lea declared a violation of any of the covenants herein contained,sad lot elected to ether
,i f' . • •
tax said pumit's for sale,sod demands such sale,It shall and my he awful for anti, I the second pot to sal and !F
h {.
h`C. DEED Or TRUST, Pablo Tromso. nachos Gnawer Attnmej a Yam:-Wdkim"o i'rintery. •
Greeley, Colorado. E`
F ,
t.' lk
I _.
s
•
•
•
• ' ti
.
15 ill
. r.
590 • 3-2 .
e di,posc of said premises (en mane or in separate parcels,as such public Ti uAce rnaf think best),and all the right,
title and inlcsest of said party of the first part,his heirs or assigns therein,at public auction at the East
• front dour of the Court House,la Weld County, Slate of Colorado,or on
i said premises,or any part thereof,as utay be specified in the notice of such sale,fur the highest and Lest prices the crust • '
I will Ltivg in ea,h,four weeks'public notice having been previously giyea ui in:little end Place of such sale,by adver' . .t
_ lisemnn,weekly.in amne nenspaper of gnaral circulation n that tin-: ,all.,hed in said County, a copy sal .d,ich
. printed notice shall within ten days front dale of first put liea bon el said notice be mailed to de party of the lirat
part at the addresI herein given and to each and every person who appear to have acquired a record interest in said
•
real cstate, subsequent to me recurdm.g hereof, whether Ly deed, mortgage, judgment or any mho rn.ttumenl of
• record, at the address given in the recorsid instrument of writing!and to make, execute and deliver to doe Pm-
cl,aser or pinch at +uch sale, cars iiicale or certificates, and to make and dive to die pucchaer or purchasers
of ands land, tenements and premises, as +sac It sale, a certificate, or ren,ricatca, m wilting, dewsibing such I.I.J..
tenements and premises purchased, and the > or suns, paid therefor, and the time when the purchaser or port-
' , chasers (or other person entitled thereto) shall be entitled to a deed,or deeds,Iha«fur,u,lcis the sane shall be re-
_ .deemed as is provided by law;and said Public Trustee shall,upon Mariana Ly the pction or persons holding the said
certificate or certificates of purchase, when said demand is made, or upon demand by the person entitled to a decd• to and fur Ilw pro tines sold. at the time such demand is made. the time fur mdcntistion laving expired, male and
execute to such person or persons a deed or deeds to the lands, tenements and premises sold, whit said deed or
' decd, shall be in the ordinary form of a conveyance•and shall be signed, acknowledged and delivered by the said
. Public Trustee, as grantor, and shah convey and quit-claina to such person or persons entitled to uch, deed, as
grantee, the sail lands, tencmcats and premises sold is aforesaid, and all the right, title, in:ereat, benefit and equity
. of redemption of the party of the first part, his heirs and assigns therein,and shall recite the sum or sums for whnl,
•
the said lands were sold,and wall refer to the power of sale herein contained, and to ll.e sale or sales made bs
virtue thereof; and in case of an assignmad of such cert.i icatc or certificates of ',wettest,or in case of the mimics- .
Lion of such lands. teaen,cats and premises sold herem.der, LW a subsequent encumbrances, such as.isss•.•.••i -: It ._ _, -
dempdon shall also be referred to In such deed or deeds. bui the notice of sale need not be set out in such deed or
deeds; and the said Public Trustee stall, out or the pr.w:eeds or avails of such sale,after bus paying and retaining
• all Ices, charges mid ants of making said •aic and advertising said premises, pay to the beneficiary hereunder, tar -
• • the legal holder of said note the principal and interest doe on said note according to she tenor'and effect thereof. _
• - and all moneys advanced by such beneficiary or legal bolder of said note foe insurance, taxes and assessment s. with
is. thereon at ten per cent. per annuns, rendering the orerplus, if any, unto the said party of the lint park
so made shall be • pe,Puual
d ed or deed .
s which sale a salsa and said c e,
o tai m[^ his ie 1 rr rc+cvadres r 8
• ga D
tL bar. Loth in law and equity, against tlw said party of the fern pan, his heirs and auigtw, and all alLct Per
oat claiming the premises aforesaid, or any put thereof. by. from, through or under said party of the first
•
I •part,or any of them. The holder or holden of said note or mote•may purchase said property, or any art Nereat;
_ and it shall not be obligatory upon the purchaser or purchasers at any such sale to«e the applicati,n of the par-
-• chase money. 1l • «Icare dcd i+ requited. she make of the note hereby secured, his hcus or usign.. hereby
Iagrees to pay all the expenses thereof. '
• And the said party of the first part, for himself sod for Ida heirs, executors 'nd adotinistrator..covenants and
-
I agrees to and with the said party of the xeond part.dhal et the lime of the eaacdingal end delivery of these pre,' �,
' eats he is well seised of the said premises in fee simple,and has good right,lull power and lawful authority to grael.
•
') bargain. nil anti convey the same in matinee and form as aforesaid: hereby fully and absolutely waiving and re- - -
lea.ing all ,rghds and claims he may have in or to said premises as a Homestead Exemption. •
.under and by virtue of
any act of the General Assembly of the Slate of Colorado now exalting or winch may hereafter be passed in re-
.-
laden thereto; at, that the ante arc free and clear of all liens and encumbrances whatever ppp
•
,. . ,L:ets.,, 7
•
I •
and she sbuve.hargalecJ prami+es m der quiet and pcuable pos«u,on sal the said parta.of Ile s«and pan, hie
1 ▪uenswn and odges,sWinsl all end every person err <nom lawfully chiming,or m claim the whole or any part
' thereof, die said-party of the first part shall and will Wagtail!and Pena Defend. ,
And the said party •
of the lust part with Ia due sea.on.•ply all taxes and essnsmastt on said penises; al: t�
snuuna due on aceourt sal principal and intere.1 on prior encumbrance+. if any; and, at ILe request of the legal
holder of said nom, will keep all buildings that may any time be on said premises, during the eonlincaucc d • ,.-
;*
said Indebtedness, insured against loss by fire in such company or companies as the holder of said note may
lions time to mite direct. for such um or sums as such company or companies will insure fur, not to raced the -
uuo,snt of old indebtedness. erupt at llte option of tb: amid party of the first part, with logs, d soy, payable
• to the beneficiary hereunder as his Intere.t ,may appear, and will delh cr the policy or policies of insurance to the -
Innefuiary he-moiler as further security fur the indebtedness aforesaid. And in case of the ngma! or neatest ,d
o ld party of the Imo Part or either of them, to thus insure and deliver the policies of import-cc, or to P^ such
Iwo or warmems or amount don,of 1m become due, on any prior Imunnee, if any, then the holder of said •
note,or any of Sliest., may procure such inmustxe, Or pay such taus or o.esamen's or amounts due upon p,ion
•
encumbrances, C any,and all moneys thin paid,with imese.t dictum el tea per cent. per annum shall bremne so
much additional Indebtedness. secured by this deed of dual,and shall be paid out of the proceeds of the sale of the .
.l lands and promise' aforesaid, if mat utherwlu paid by said party of the first part. '
' AND IN CASE OP ANY DEPAULT Whereby the rlgltl of foreclosure occurs ter,under,the second party,or
•
the holder of the onto note or eertill eats of sale, shall at once become entitled I' the possession„ use and en.
• joyme rte of the property slurntId, and lu the rents, issues and profits thereof, (hnu 41 a accruing of such rights
•
e, and during the pendency of foreclosure proceedings and the period of rdeinplioo, I1 say there be; And such pun t
r •r, r
44r
I • , .
•
•
• �1,4kwYVtts a' - ,
. . .
. ...
1. 0158H
Q w� 590 J-3
•
..ion.etc.\Lai 01 ut Le dclireted to llw second p.m,or tee holder of said note or certificate of salt on
ce. 4ue.t.and•on relusal,the delivery of web pot...aiw may be enlwced by these and party or the note holder or
certificate holder by any approprule civil suit or proceeding.including action wactions Is ejectment.Or luceihls
entry.or unlawful detainer.and the said wand party,w the bolder or holder.of said note or certificate of parr-_
•
chase.or any thereof.shall he sedated to a Receiver for said property.and the rem,,issues and Koh,.thereof.alter
• any such default.including the ewe covered by foreclosure proceeding.and,tbe:period of redemption.II coy there
hr,and shall be entitled thereto a.a we000er of tt oilhow regard to the solvency or'insolvency of the tint party
.:A . _ or of the owner of said property sod without regard to the value of the property and such Receiver may be sty.
pointed by any court of competent luritdicti n,upon ea pane.application,and without..otiu—uarite being hereby.
•preetly waived.and the appointment of any such Rece•vtr on any such application 1,014 1040 notice being hereby
sent.'to by the lira,party,Its.aced o,.his own behall and on befall al Ins heir..assigns and legal repre-
A .rotativcs•and all persons claiming by,through or under Into or i em—aced aR 1<1111.Yams end profits,income
c and revenue of said property shall he applied by such Receiver according to law s wathe orders and directions of
the coon .
•
AND IT IS STIPULATED•COVENANTED AND AGREE.),That in and ear of default in any sal said M.
•f- sleets of pr.neipal or it a, according to the Vr eliec ., sold promissory'le aforesaid.'eau,of e throe,
- any part.hereof•er'of ac'teach or violation of coy of the cotenants Vr a cceemeetsu haeiu,e by potty of the first .•
•
p..:.Isis s•.c .IVi-,odu.,.,f.tratur.or.ec,gn.,Olin and is that east the whole of said p+f.,cipal sum hereby secured.
and the Were.,.hereon to the lime of sale,may at once,at the apl:an o1 the(real holder therein,Locums dun and
.-
natant,and th.said premises he sold in the manner alW tjt1 1{�l Jtv{{luAd, t ad it the said I debteducc.had'minced,
and that if 1 ee ware is mad by he I'ublic Truslee,�e u dl tr o7Y`I Ie sewed',cub,ante..to pay lie snot of
ten peb• cent additional on amount due -+ally II
•
and it by soh in eo1lJ_I)reasonable lees as the coon shall allow acattorney's lees for.<rrien in the.uYerrisiau - '
e cli.1 lorecloswe proceedings. Said fee than bo allowed and add '•0 tin cost of loreclusure sod be and become
•
•part of the hen hereby secured. - - -
Whenever the word hr.his or hint u used herein such word 0.11 also mean and include the words the.they. ,
hers•then.or ahem•nod the singular shall libretto mean cud include dm plural,and the word.heir..lnS also mean
per...uel represcn.alives and successor.in corniest by whatever right,as the context indicates.' .. '
IN WITNESS WHH6EOi.The said tarry d the gust pee has hereunto set his hand and sot the Jay sod
year tint abort wittco. /["�1
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STATE ON COLORADO,y The lwc.oing Instrument rat acknowledged before Ini tltlyes.'i -7.'..-
r ,I I,area et
Coanty rd Weld• 1 '7yjeusfl 19.67. 6 1 �av vtligt d-R.'Id .
. Davie..PDA.Bach O 'li
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Witness Hy thud and OlRt61 Seal i•l• 1fl d ' i
}.a, say Saul ea.__._ ...-_.. _=19 � a _l `roe
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DEED OP TRUST,Public Tru.tea,R.ctivtie Clamp Attar.,ay'e Pe.s.—Wllkhuon 1'rinlery.Greeley,Colorado
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«. . u. :..a_.�r MAY 1 ) 19/1
art•..rr)I,Sttw A G R E E M E N S ti • ,�
'-•Y_(%' (
' THIS AGREEMENT, made and entered into this 7 ( ))
VI v nd May of
' N 1967, by and between JIM LEE DAVIS and MARY
w .JANE DAVIS, hereinafter called first parties, and DARREL C. LOCKMAN • [
u, fi
�" and TAMARA L. LOCKMAN, as joint tenants, hereinafter called. second
c)
u,
c parties,
n�
'°' WITNESSETH, That if the parties of the second part shall first
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er .. make the payments and perform the covenants herein mentioned to be
.
. o . made and performed by the parties of the second part,.the parties '
•
• of the first part will thereupon convey to the parties of the second
r"•, part the following described property situate in the County of Weld,
i- - and State of Colorado, to-wit; .
A tract of land located in the Northeast Quarter NEW1)
}• of Section Four (4), Township Six (6) North, Range
Sixty-six (66) West of the Sixth Principal I.eridian,
being-more particularly described as follows: • -
Commencing at the Northeast Corner (NE Cor.) of said •
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Section 4 and considering the East line of Section 4
i' - to bear_South 03 51'' 52" East with all bearings contained herein relative thereto; Thence South 03° 51' 52" East along{ the East line of said Northeast Quarter (NE%) of Section
4, 1019.75 feet to the True Point of Beginning; Thence Con-tinuing South 03° 51' 52" East along the. East line of said-Northeast Quarter (NE ) of Section 4, 905.25 feet; Thence r
South 90 00' 00" West parallel to the North line of said Northeast Quarter (NEI) of Section 4, 349.26 feet; Thence •.South 03° 51' 52" East parallel to the East lino of said '
;� ' ' Northeast Quarter (NF'J4) of Section 4, 125.00 feet; Thence '
South 90 00' 00" East parallel to the North line of said' • Northeast. Quarter (NE✓) of Section 4, 349.26 feet; Thence
• South 03 51' 52" East along the East lire of. said North-
ea t Quarter (NrJ ) of Section .4; 191.75 feet; Thence North
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90' 00' 00" West parallel to the North line of said Northeast
ttherter Montgo er yof Seepage°n 4, 1446.74 Ditch; Thencefeet to Northerlyealong said East ' •
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• bank of the Montgomery Seepage Ditch by the following courses
and distances: North 01 15 13" East, 664.66 feet; North 00°
11' 22" East, 360.60 feet; North 15° 16' 12" East, 128.69 feet;
Easthparallel to"thesNorth li61.98 neeof saidet; nNortheastce South 90 00' 00"
(NEY) of Section 4, 1344.46 feet to the True Point ofrBegginning;All within that parcel of land described in Warranty Deed re-
corded in Book 580, Reception No. 1501507, Weld County, Colorado records.
Together with an undivided one-half interest in all water
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for the irrigation thereof derived from Montgomery Seepage
'' ' and Drainage Ditch, with all its connecting ditches and tile
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drains, and all water collected and to be collected thereby,
title.to which was quieted in William A. Groves by Decree
entered May 11, 1926, in Case of Jacob Eisonbach, Conrad Hoff
and Peter Lauridsen vs. William A. Groves, Case No. 6642 in
i the District Court of Weld County, Colorado;
And together with ono-half interest in irrigation pump and
motor and pipelines; .
in fee simple by good and sufficient warranty deed, free and clear,of all liens and encumbrances, and deliver a Title Insurance Policy•
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k�„4: therefor Sc showing, ,}
And the parties of the second part.agree to-pay to the parties ''
of the first part, as the purchase price of said property the sum of
Twenty Thousand Four Hundred and no/100 Dollars ($20,400.00) in the
manner following, to-wit:
• (a) The purchase price shall be $20,400.00, of which the sum r of.$500.00 has been previously paid and $4,900.00 is to be paid on .
ti the date hereof. The balance of $15,000.00 shall be payable with
. interest at 6.' per annum, principal and interest to be repaid in
semi-annual payments of $750.00 each, including principal•and interest,
with the first payment to be due December 1st, 1967 and with the un-
paid balance to become due December 1, 1972. All payments shall be
made to the Escrow Agent, the Weld County Bank, 1007 Ninth Avenue,
Greeley, Colorado. Parties of the second part shall be given full
credit for each I. a .
payment of $750.00, said payments to be applied first
to interest and. the balance to principal.
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.(b) .The parties of the second part shall 'have possession of
the property so long 9 as they are not in default and the parties of
• - the second part'shall maintain the property and any improvements
thereon in as good a conditioh as the same were at the date posses- -
o
. sion-was turned over to them, ordinary wear and tear excepted. .
Parties of the second part shall not commit or suffer any other
persons to commit any waste. •
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• (c) It is mutually agreed that all taxes and irrigation pump •
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bills and repairs are to be adjusted to January 1st, 1968, and
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interest to be adjusted to .th9'd4te ho ef..
(d) Tile payments of the parties of the second part made to
the Escrow Agent,Weld County Bank, shall bo applied to and credited
'y against the deed of trust of the parties of the first part payable to
Ffyrtle Groves by the said Escrow Agent executing a check pay-
able to the said Myrtle Jana Groves in the amount of $229420.1a!
the escrow fe r Bash transaction
(e) The legal title to the property shall be conveyed to the
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parties of the second part when tho purchaso price is paid in full.
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Title shall be conveyed by Warranty Deed conveying the premises free
and clear of all liens and encumbrances and free and clear of all •
• restrictions, reservations, covenants, conditions, easements and
rights-of-way oxaept ouch of those as aro reflected by instrument �~
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1 „ .•.--�nicnn�mwfi'ersiS�R�f+.t - - w .,
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115168
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5' •• iecordeJ prior to the time possession was heretofore 'delivey dot 1
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• parties of the second part. At the time the Warranty Deed is de-
r• i
livered to tha 4t
Ha.eties of the second part, 1. -also shall be delivered to the parties
a Title Insurance Policy .0
p rties of the second part, and they
shall become the owners thereof. Parties of the first part will
k, perfect said title insurance policy
days P y within 90
'. termination hereof and deposit c the date of
P t same with the said Escrow Agent,
together with the above described .warranty deed, which has been placed
E5 in escrow as of the date hereof. Both said warranty deed and
t[ policy shall be delivered to the parties of the second part by title •
;, Escrow-Agent upon receipt of final payment as set forth above. the
e, (f) Time shall be of the essence of the Agreement and the
parties of the first part shall have the right to forfeit all of the
a •
p parties of the second part's rights under the Agreement if the parties
•
c - of the second part are in default with respect to payment of taxes,
;.� or payments on the purchase price and if such defaults are not cured
• within 60 days after -the giving of written notice by the parties of the first part to the parties of the second part, of the parties of
• . the first part's intention to so forfeit the
of the second rights of the parties .
:.' .
Such notice.can be by personal service or by
i ar p t.mailing said written notice by certified mail to the last known address of the parties of the second part or such other place as the
• parties of the second part shall designate in writing to the parties
of the first part. In case of such election, parties of the second• part shall.forfeit all payments made, and such payments
retained by Yments shall be •� � .
the parties of the first part in full satisfaction and
liquidation of all damages the parties of the first part may have[- . . . • .
suetained, and the parties of the first part may sell and dispose of
said property as though this.Agreement had never been made.-
(g) This Agreement shall not be assignable without the consent.
t_
of the parties of the first part.
(h) lc is understood and'agreed that the parties shall divide
all repairs and replacements involved in the pumping plant or pipeline,
parties of the second part to pay ,one-half the cost of all such repairs
and replacements; this to become effective at such time as the parties
of the second part shall use said equipment for their personal use, but
not later than January 1, 1968. There shall also be a log kept at the motor
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an4.each party•shall record the meter reading at the time he turns
the motor on and the time he turns it off, to be used to determine
'4 the rightful share of electric bill.
AND it is agreed that all the covenants and agreements herein
contained shall extend to and.be Binding upon the heirs, executors,
administrators, successors and assigns of the respective parties,
and that the only relationship existing by reason of this contract
is that of vendors and vendees.
.IN WITNESS WHEREOF, the parties hereto have executed and signed
thissAAgreeeemeent in duplicate the day and year first'above written.
f .I •
m ee av s
Tamara L. Lockman ��/'�
..Z _ Na Crane Davis
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1:1.. ' • A' G R E E M E N T ,
• - THIS 'AGREEMENT, made and entered into this=': " day of •
p , -
in aq -1.1 , 1968 , by and between JIM LEE DAVIS and MARY
' JANE DAVIS, hereinafter called first parties , and JAMES A. KNIGHT
and BRENDA L. - KNIGHT, as joint tenants , hereinafter called second
parties ,
' WITNESSETH, That if the parties of the second part shall first
make the payments and perform the covenants herein mentioned to be
made and performed by the parties of the second part, the parties
of the first part will thereupon convey to the parties of the second
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part the following described property situate in the County of Weld,
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and.,State of Colorado , to-wit: •
i,,A tract of land located in the Northeast Quarter (NE%)
' .of Section 4 , Township 6 North , Range 66 West of the Sixth
-Principal Meridian , Weld County, State of Colorado , being '
• • ' more particularly described as follows : Commencing at the
,. Northeast Corner (NE Cor. ) of said Section 4 and considering
_y the East line of Section 4 to bear South 03° 51 ' 52" East
with all bearings contained herein relative thereto; Thence
` South 03° 51 ' 52" East along East line of said Northeast
..' Quarter (NE%) of Section 4 , 2241 . 75 feet ; Thence North 90°
00' 00" West parallel to the North line of said Northeast
Quarter (NE ) of Section 4 , 349. 26 feet; to the True Point
of Beginning of- said Parcel ; Thence continuing North 90°
. . 00' 00" West, 1097.48 feet parallel to the North line of
said Northeast Quarter (NEz) of Section 4 to the East bank
• of the Montgomery Seepage Ditch ; Thence South 01° 15' 13"
East along said East bank of the Montgomery Seepage Ditch ,
271 .99 feet to the South line of said Northeast Quarter
• (NE ) of Section 4; Thence South 88° 55' 33" East along said
South line of the Northeast Quarter (NE ) of Section 4 , 1461 . 26
feet to the Southeast Corner of the 'Northeast Quarter (NE%)
' of Section 4 ; Thence North 03° 51 ' 52" West, along the East
• boundary of the Northeast Quarter (NE;a) of Section 4 , 175.00
. Peet; Thence North 90° 00 ' 00" West , 349 . 26 feet; Thence North
• . . 03° 51 ' 52" West, parrallel to the East line of the Northeast
,-Quarter (NE%) of Section 4 , 125.00 fret to the True Point of
': Beginning of said parcel .
The above described parcel of land contains 9 acres , more or less .
• -Together with an undivided one-eighth interest in all water
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for the irrigation thereof derived from Montgomery Seepage
and Drainage Ditch , with all its connecting ditches and tile
' - '," drains-, and all water collected and to be collected thereby ,
. . . title to which was quieted in William A. Groves by Decree
entered May 11 ,. 1926, in Case of Jacob Eisenbach , Conrad Hoff
. ,` -and Peter Lauridsen vs . William A. Groves , Case No. 6642 in
the District Court of Weld County, Colorado ;
And together with one-eighth interest in irrigation pump and
motor and pipelines .
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in fee simple by good and sufficient warranty deed , free and clear
of all liens and encumbrances , and deliver a title Insurance Policy
therefor so showing .
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And the parties of the second part agree to pay to , the parties
of the first part, as the purchase price of said property,: the sum
v ven R wand flue hunrlrrd twnnty-five nrvl nn/100 47,175,0 '
of evecux1110:usYarxrlr.R3 <hftXra4ire6r.ratitt:MRS/190 F. ' a ($7425.05.'" :
$ hp ':t_x
the ,manner following , to-wit: (./ 49- ,; V
$7, L25.00•
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(a), The purchase price shall bepp;, QY p of }?+hick the. 'sum of
-Y'•, it , v/0' Z1;14AW. ;5, 125.00
•$2,000.00 has been previously paid and the balat'icd of F / h la.i
be a able y with interest at seven percent 7 P ( %) per annum, priiS'cipal
and interest to be repaid in semi-annual payments of $375.00 •each,
including principal and interest , with the first payment- to hedue on
- December1st, 1968 , and thereafter on the first day of June and the
., :first day of December of each year, providing; however, tho.t:`'the
s.i;, entire principel. balance together with interest thereon sh:s1become
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'i:, dr,ae'•`and'payable' on June 1st , 1972. All payments shall` be. madeto the
:-'Escrow Agent, !Weld County Bank , of Greeley, Colorado.- :• 'Partied`.of the
=;second, part_ shall be given full credit for each. payment .of.. $375.00,
_: -°'said` payments to be applied first to interest and the balance to
a ,principal'.
The parties of the second part shall have possession of
the::property so long as they are not in default and the parties 'of
;,.,., •` ' the .second part shall. maintain the property and any improvements
thereon in as good: a condition as the same were at the .date.
:possession
; . was 'turned"over. to' them, ordinary wear and tear excepted: Parties
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- ' '•:,bf•.the, second Part' shall not commit 'or suffer any other persons to
. - commit:any waste,: :
r-+(c) ' •It is mutually agreed that all'. taxes 'and irrigation pump •
bi_lls4nd repairs are:/td be' adjusted to the date hereof
payr.ants of the parties- of the second part made to
the-.T,scrow:Agent, Weld County Bank, shall be', applied ,to and :credited
St: against. the deed 'of `rustof the parties of the first part payable to
MYRTLE:JANE GROVES by the $aid Escrow Agent executing a check payable
,,. _ .t.o_,the• said MYRTLE 'JAWE:GROVES- in the amount of . $375.00 less the
. escro\i fees per each transaction.
`;:. `."; ( e), ":The. legal title to the property shall be conveyed/to the
partics 'of �the second part when the purchase price is paid::in full .
Title 'shall be conveyed by Warranty Deed . conveying the premises free
and clear of all liens and encumbrances and free and clear of all
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restrictions , reservations , covenants , conditions , easements and.
rights-of-way except such of those as are reflected by i: strument •
recorded prior to the time possession was heretofore •,ddliv ed;••to
• 1,, parties of the second part. At the time the Warranty `Deed i"srs-
• livered to the parties of the second part, a Title:Insurr: ' :'.oTi.cy
also shall be delivered to the parties of the second, part, .,:_ : they
• -shall become the owners thereof . Parties of the first part,will'1: `.:
• perfect said title insurance policy within 90 -days of:the `dalt: of
termination hereof and deposit same with the said Escrow
described
to ether with the above
9 warranty deed, which°.has he-en -X
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:, placed in escrow as of the date hereof Both said (warranty deed. ,:
and title policy shall be delivered to the parties .of: the .secondipart
by the Escrow Agent upon receipt of final payment .asset forth above.
(f) Time shall be of the essence of the Agreementand- the parties
of :the first part shall have the right to• forfeit all 'of . the•.parties
of' the second part' s rights under the Agreement sf therparties of the
second part are in default with respect.•to payment'oi:. taxes • or payments
om the purchase
price and if- such defaults are not,cured within 60 days
• after giving of written notice by the - ipar
parties of• the firs�,•�.part to the
, parties of the second
part , of the parties of the first par,r t' s intention
-- to so forfeit the rights of the parties of the second part,-, Such notice
can be by personal service or by mailing said written noice 'by certified
mail- to the last known address of the parties of the second part or such
other place as the parties of the second, part shall designate in writing
. to the parties of the first part. In' case of: "such election parties of
the second part shall forfeit all payments made; 'and such payments shall
be retained by the parties of the first part in= full satisfaction and
liquidation of all damages the parties of the first part may have sus-
• tained, and the parties of the first part may sell .and-''dispose of said
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property' as though this Agreement had never been made.
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(9) - This Agreement shall not be assignable without. the consent of
the parties of the first part. •
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(h) It is understood and agreed that the .partiesshall divide all
repairs and replacements involved in the um in n
p p g .plant; or;; pipeline ,
parties of the second part to pay one-eighth of the cost'of all such
repairs and replacements ; this, to become effective' at such time as the
parties of the second part shall use said equipment for their persona]
glfk 0
use but not later than the date hereof. There shall,also.be a log kept
at the meter and each party shall record the meter readiiicl�at'-the time
he turns the motor on and the time he turns it off, tobe:'ued to
determine the rightful share of electric bill.
AND it is agreed that all covenants and agreements herein con-
tained shall extend to,and be binding upon the heirs, executors,
administrators, successors and assigns of``,therespective parties,
and that the only'relationship existing by,reason of .thi contract •.
is that of .vendors and vendees.
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IN WITNESS WHEREOF, the parties hereto have executed and signed
this Agreement'in duplicate the day and year first above written.
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James-It.. t.• ' im Lee Davis
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r�/2„_zA SrrJ.r a �� r �� r
Brenda L. Knight ' Mary 3an9e' Davis
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•E /,sir •'� . . . .•seen•rt,l'r,,,,,,!,,,,,i.t�t'.'7nRi+['S, ., .,, . : • fQ'8'.4`IP,,,,,+,,!rm.,,, ,,..r.ewers',,,Fri.rrmtem,77..I,;,r,.y,rp.»r.,,•r;se.t,.,. .tr..'
t.. . •. ..s ks. �.:_ _� ,y;;,,,,•j4_j,�ri .,,,s • area..., . ., s, s ,., '.i .,n
ro AJK '7f): N0V 23 1973 • •
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. °� a � ANN WWOMOI
U 1'.W ter neural lb, a., a , S.11 I° ,el/Q :.4Y N. . . Q � � III'('UIIUIaI.
NIIec.lw.m Ne 1625254 in' a . • ,rrcn v .
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gips � h Fis Beth, Made this 29th dell of AugustIn the year of our lard • v
' one thousand nine hundred and seventy three between •
4, 1
• ` . • JIM LEE DAVIS and MARY JANE DAVIS
t of the County of Weld and State of.Colorado,of the first part,and ,
• I . _ .••i CLEO T. HADEN and FLORENCE E, HADE1i
of the County of Weld - • and State of Coleredn,of the second part; 1 '
s
Wttneaseth,That the said pasties of the first part,for and in consideration of the sum of - -
• \• Other good and valuable considerations and Ten -----------DOLLARS,
to the said pies of the foot part in hand paid by the mid partiee of the second part the receipt whereof is hereby con-
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- jy
I feeeed and aknowledged,have granted,bargained,sold and conveyed,and by these presents do grant,bargain,sell
convey and confirm,unto the euid parties of the second part,nut In tenancy in common but in joint tenancy,the survvur of
4 - them, their ensigns and the heirs and assigns of such survivor forever,all the following described lot or parcel of laud. i situate,lying and being in the County of Weld and State of Colorado,to-wit: -•
. • A tract of land located in the Northeast Quarter (NEl/14) of Section Four (4)
• Township Six (6) North, Range Sixty—six (66) West of the 6th P.M., Weld County
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- Colorado being more particularly described as follows:
Commencing at the Northeast Corner (NE Cor) of said Section Four (4); thence
' N North 90" 00' 00" West along the North Boundary of said Northeast Quarter(NE1/11)
- • y of Section 4, 685.00 ceet to the- True Point of Beginning; Thence continuing North '
O 90° 00' 00" West along the North Boundary of said Northeast Quarter (NE1/i:) of
Section 4, 601.32 feet; Thence South 00° 35' 48" East along East Bank of the •
. Montgomery Seepage Ditch 1,017.49 feet; Thence South 90° 00' 00" Fast, 1,001.96 -
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Mkt; feet along South Boundary of said parcel; Thence North 03° 51' 52" West along _
k • the East Boundary of said parcel, 334.75 feet; Thence North 90° 00' 00" West, r
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C . .342.50 feet; Thence North 03° 51, 5n4 West '685.00 feet to the True Point
i'lli . ,
of Beginning.
Together with all and singular the hereditament•and appurtenances thereunto belonging, or in anywise appertaining,
- - cold the reversion and reversions,remainder and remainders, rents,issues and profits thereof;and all the estate,right,title,
n - interest,claim end demand whatsoever of the maid parties of the first part,either in law or equity,of,in and to the above
bargained premises,with the hereditamenta and appu tenancy°. i
To Have and to Hold the said premiss above bargained and described,with the appurtenances,unto the said partite of d -
• the ascend part,the survive:of them,their assigns and the heirs and assigns of such survivor forever. And the said part ies
of the first part, for themaies their helm,executors,end administrators,do covenant,grant,
• bargain wad agree to and with the -sid parties of the second part,the survivor of them,their asvigne and de heirs nod assigns
of such survivor,that'nt the time of the meeting and delivery of these presents, they are we'll seized of the Premises
above convened,as"f good,sore,perfect,absolute and indefeasible"tats of inheritance,in law,in fee simple,and love
good right,full poser and lawful authority to grant,bargain,sell and convey the acme in meaucr and knit ,boesoi,and that
the same are free and clear from all former and other grants,bargains,ache,liens,taxes,assessments and im:umbr.mces of
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. whatever kind or nature mover, ,
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and the above bargained premises in the quiet and peaceable possession of the said parties of the second part,the miniver of
- then, their assigns and the him and assigns of such survivor,against ell and every person or persons lawfully cLoudng or
to claim the whole or any part thereof,
thf, the said parties of the first part shall and will WARRANT AND FOREVER •
DEFEND,
Is. Witness Whereof, The said each es of the font past belle hereunto act their - band and
• . r seal the do) and year first strove written. , .^
• - Signed,Sealed and Delivered lu the Presence of - ,,(y� ,x�^L/ -
.. �„/ (SEAL) ..
T p(/JJ r
'se .. to:f p . l.G/.. ... Setts an. (SEAL)
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i ... .... /� ✓✓ (SEA;.) :I
STATE OF COLORADO, -.— " J ,1
County of Weld. III. Thu foregoing Inalnment;vas acknowl(dged bufalo tepoi!:le___ _daj• .
e ..
• of_ f11___ ..,19.71_,by ''0 OD d{
Wlineaa My Rand and Official Seal. y i e, y,` �) .
My Commission Expires ________4.ltay...f--/ 1L�—..----..__— r;r 'Its.�Y'•f�, L td_ II- .
-1':;o; r n)ara'nbu�
h'utei ntl AAJrra fur _ �•v • Q)
Future To Notices _./12 ..c.ego kM.C./R Ca tr___.._......- cods-s'.t-_..—_-_. • .
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• ...CFeaor•Lrva_._Ch- .�/ip ° .... . lint' ._ ...... / I
__- WARRANTY DEED TO JOINT TENANTC—°u C.e.aoto.etm.u1 .ceto.—.nua s -- 1(flj�'
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• E thir. E . . .
• wennw t�nvlmrx,°orwrrm°ter(iPt•'(4'Maxrrceo� �dSTld'k1'.RQS�L%72RfitrififiThJst14wit:?'MPWIT.,e.y1r.7*'frir^:firli 1riner!;ntterSa` r;Ta...: ;•.,•.l•_ r
• . f' a _LL• •
in
boo� Aneorded aL.._!_ ...._.......o'elodl......!d...Lf.,—._...__.—. .�N0V,Z 3 19l J_ _�—
• t`.t ' 17Q 1.3 Reception No 25255.. _! ANN S"o'At°
-- - - �
•
THIS DEED OP TRUST.Made this 29th day of August 1973 , between •
•
al I JIM IFE DAVIS & MARY JANE DAVIS
l� the granter herein whose addle..Is Greeley, Colorado
ON,
• F,. County 'of Weld . and State of Colorado,and •
r . P the PUBLIC TRUSTEE of the County of Weld ,In the State of Colorado,
N NITNESShTH racing .van dale herewith,ter [he principal sum of: The Grantor to secure hie promissory pole b '
Ifl Three thousand seven hundred sixty - Dollar
'• ' ti N payable to the order of CLF.O T. HADEN & FLORENCE E. BADEN
,
t. .•-I the beneficiary herein whose address Is 8506 Forest Hills Blvd. belles, Texas 75218
E d ry b:' psa
d1
:,' 111 • ,after the date thereof.
'+'t -with interest thereon from the date thereof el the rate of 8�
t.,. •
percent per annum,principal and Interest payable
.a - • U?on demand
o
0 •
•
. [.1.. A does hereby grant and convey unto said Roblin Trustee the following described property,situate in the .
l+r County of—Weld--- ,State of Colorado,to wit:
N
A
Q A tract of land located in the Northeast Quarter (NE1/!t) of Section It, Township
6 North, Range 66 West of the Sixth Principal Meridian, and being more particu— -
,. larly described as follows: j
:L
- - Commencing at the Northeast Corner (NECor) of saig Section 11, and considering
the North line of said Section 4 to bear North 90 001 001' West and with all
other bearings contained herein being relative. thereto:
Thence North 90° 00' 00" West, along the North line of said action!!, 685.00 .
feet to tho True Point of Beginning;
•
- Thence South 46° 551 5611 East 1,000.95 feet to a point orl the East line of the
,
Northeast Quarter °E1/!I) of said 6c..tion 4;
Thence North 90° 00' 00" West, 685.00 feet; •
Thence North 030 51' 52" West, 685.00 feet to the True Point of Beginning. .
Said tract of land contains 5.374 acres and is subject to any Right-of-Way or . • .,
' other Easements as granted or reserved by instruments of record or as now,: •_ ,,_. „
2.
existing on said tract of lanr+.. t
TO HAYS AleD TO HOLD thaw..Ludlow nth.0.vpurtenancy to Icuit en.realaw,that In ease of drfaWl In W.pro.eat of u4 004
or.a/pal n..rw(or mlu..t a:mea•or lu MS prfa.v.-ow of e. .oe coast. he'd:lifter sat torah Lha. uW W o e bcnell.Irr (note holder)
fling Lutka al chain and daa-u.l for salt'y said t ahIt°twin,slur ti...tLlua u..l:i el sold..1....l a than
ir,fur nct Ina four m.ls,I. • ''
awae I...avat r el assend cl rulattoa la and county,.Lull WI 4W p,ous.V la W.Lulu¢prarlJ.J bt lawn.fins at We thou of filing ail
male.and damandl at wall auction for ea.b.et Om City of Greeley trout danr if IL.rwnn ILon..m ten County vb.nla c
lido J fur
y14 10_:. Sat of da ptore.is of cold tale 11 Trustee Well lala or bay 1Wt all h.., tlaga tad coca end all on..
saki 0414 ur Law
lawman.
uyla. Ill wal 5.i u ,or the say prior e,..u...Lmna add.1..1.-cod ILtnw,Rohl Hr as prlarLW and [atonal do.ce
• Wd d.in.r o of log thew u.I b er grantor; u..,.r lla to,l,_II-n of Ll..II.u.of ..laaplIon. ld'ho.lr W"aunt. •
o wear sell,'its Lu_.u.n.Roar Hu.L_a ail pro.e.4 or sue Oat thaw:, ailt noel sal..
Tha sr.nbr Dann that at W.Oen of deNan of Lbws planets.he D soloed err add a.upertr la fee&Isola.sad at W I property la
Inn if sncucabruw.,escgt,
•
MA that b..m knp all bulldion hunted fat(In ant otanded onward In amount sand to the unpaid taws of tell nun will lot pa bl. i
to the LUJl:lary,col 0ID pay all ham and aa.n.re.nle'ciliat mall rropelty cod man du.in afar meumbraoen,and If h.chad fail
to pay Wmuaa pnmwnea, teasuu da.ea twler. Lfaur. W.Laelldwr ar fly Om to ad all annals o rail,hail
Lwow.ad4lLLo.l bd.LWtu.a duo or n.l.r and la on of for°cndauae,Ls will pay ea tlto ne/a fat of m•
Should We becetklary htreualr la info a ran,to my nine affnting WD anal as Duct or the tilt,le salt properly,the e.anie cw r. n
• that all own«m w end a.un.Lls wmm.Y•to.paid bl use Worfklery Wan Loner.d.i.doo.l Lid.Lteann.du.Lemmata:and lW motor
dow tenLy minus and wait.ail dal.a u•meld faway a. • L.,n..l..d a..t...IL•or ulb.r t nsuril:A now or ban.fur pro.Wal by 1...
IL D era,teal ill caw of.4fault la p.rna.n of said.nun .n oapitchl col o Ina-e._t or.Want,of easy of Ws rmrman Lento,!tan Bali prlacleal
Lent,w .nd and L,tarrt ILn.so ,a. at at e el.11.¢ f II.e t_nefld_re Lmoa die. d swath.W ono, tuythloy in add rte to the •
Crary n.lvid..l.oaluet sad lm w ari of tall Omnir VIII lbw.own I..1.IDu.d to the L u.tl.larr.mud oo Ware to doll it'own penman
We L..cfkl.ry.hd1 Le entitld L..i.a.:D-r for...1 prol.•rt ,emir long L.op,.Ju1J Ll Lit!court of competent hunt:Wm.
WLuvew a...l heap•Ow.Waul.r cuaoLee Wall lo.lua the stood, the pia al ,al We.Wral.r.tea the use at any ueodw Wall b makablee •
V all bad. All of as coeautnl.L:..ia.ban L.Lled:nu upon We nnW<tlr.Lefre pan..el tapraw4ntµ tooeaon and •ants.. of Ib0
mares lamla
S a.ute the day and roar Drat alms male. - .
•
•
f .
f
.
a STATIC Or COLORADO, 1
I"
a ___.__-
The/aWO Ilse mdtun.at ma u\wnW/.d Li/a.e w this /,.2 - ter of •
NOv• ,II7_,w'
D,a... h.lan cans n r ,•• ,p,.,y gt Winn.ny lead sad dined end.
p It a ,,J.,,....z.•.4.;•:r Cii 1:•.A......
27.7 11 tilL(\ J'
riWit. 1
.
• h •
• . •
•
E////S
//// /t ''F%
In installments of $1500.00 due and payable on June
1 and December 1 of each year, beginning December 1, 19671. Mar 24, 1967 ,
applied first to payment of accrued interest and
balance to principal, with final payment of any balanctGreeley,Colorado,
then remaining due on December 1, 1972 after date,for value received,the undersigned
---MYRTLE JANE GROVES---
Promises to pay to the order of DOLLARS '
No. ---THIRTY TH0I7SAND ANT 1'•0/104 on unpaid.balance__a
at Greeley,Colorado,together with interest,c1ry
390,000.00-- date 6-1/2 per cent. per annum payable semi-annually.
from until due at
per cent per
WHEN DUE The
ed inerme of ens default in the pprincipal and past due n eat of principal oe interest est.h ll bear holder Interest from mar stem toe o dote
enter the aid ohole of the Vei viper
Final payment
doe and peoneed to collect the sane with interest on hordes provided by foreclesero of the Deed of Trust encoring this note.or otherwlee.
12-1-7 2 The undersigned hereby waives all benefits of homestead and exemption:awe and agrees that should this note be collected by an attor-
ney either after sue date or In ease of default,ten ner cent additional on the amount
ch ant due'
shall Ise allowed the holder
the teort o
torner'e ees and in he event o oreclosure of the Deed
nd of ,et securing this ores ntment for payment.protest asd costs
notice of protest and
Public Trustee.The makers.sureties.guarantos, waive
of payment may be extended by the bolder from time to
Secured BY non-payment of this note.and consent than without notice after maturity,
DEED OF TRUST time on request of any of them.o
Part NETof 4-
6-66,Weld Co., .!�� n JJ
Colo. together /'/eA_e.. ./, �-,v/, 7•.i«,t/
with water " _
•
•
•
•
0 ,
I
' f -1 A..1
.
L - w.,nae..vxnH..."..,0. •,ra••.•:gmni.i!'9HFr.•?++•.Tirt}mv..Ai. ..:e,• -.:., Fitr' itii.'N•.ar..::�,•.. . .n.... SsR1T.1�Pi43i
f� wrt" '? ,f JUN 2 71968
..,,,:•,. ...... :wiz 596 11
r' • /i�j
•
2,,,1 qq no
!".1
1 C
i
• NOV 141957 „ rr = A.a ✓
., count. 58 m 6' �599931 rw+srof,Ri , _ diWo'ref •
M 588 Ramadan loo. ._...____. Reeordaa.
a.-r
26th day d October I. the
(`�l1is PeeD, Ytda Rd. .. m
.- year d our lord one thousand nine hundred sad sixty-seven betvms Eo
JIM LEE DAVIS and MARY JANE DAVIS ,
O• o, - Conroy of Weld sad Stan of C.Itrndat of ubt tha• e-t tint pan,.ad DARREL C. LOCKMAN and TAMARA L. LOCKMAN, •b. .
44 Weld e.d Sate d wn+edn d m+ al Cr' • of this a
to pert,
! r~ut wrratemRTat That the sad parties d the gra pert,for red N mvJden•ba d the tea el . .
t'•' i et; TEN DOLLARS AND OTHER VALUABLE CONSIDERATIONS =ma
to the sad part ies of the ant hest le band paid by the said pirate ti the craned part the inaptpreto doh I. '.
•
a busby mu/cued end schnoatedned. have grunted, tmreancd,add and manyed.and by a dro wary le caustno. .
N grant,budan,welt twerp and eoadirm unb Wa uld Der Ws d the woad peat to Davy I .
i O but In lone tenuity.the survivor d thou',their manna and the halm end mslgas d such stntvor fonnr,as the fd• .
o Nah+g Caenibcd tot or parcel
I land.deco and bd N 9 and StateStated CColorado,Colorado, 1s1Htt j
Cathay Weld
•
:' I i
o . A tract of land located in the Northeast Quarter (NE1) of '-+a 1
'.7.= Section Four (4) , Township Six (6) North, Range Sixty-six 3
•
(66) .Jest of the Sixth Principal Meridian, Weld County, a'
I
Y Colorado, being more particularly described as follcxs:
£ IF Commencing at the Northeast Corner (NE Cor.) of said
' Section 4 and considering the East line of Section 4 to 3
. .? I bear'South 03° 51' 52" East with all bearings contained ,i
. herein relative thereto; thence South 03° 51' 52" East
(i along the East line of said Northeast Quarter (NE/) of -� T
Section 4, 1925.00 feet to the True Point of Beginning;
c
t; Thence feet;Thence continuing South 03° 51' 52" East, ;v' t
thence North 90° 00' 00" West parallel to the North line
of said Northeast Quarter (NEZ) of Section 4, 242.54 feet;
thence North 03 51' 52" West
oparallelnto,the
e0Eastf vin o' 0 o
•en said Northeast Quarter (NE4) o
,' Ls Thence North 90° 00' 00" East parallel to the North line of143 o
said Northeast Quarter (NEVI). of Section 4, 242.54 feet to
the True Point of Beginning. I •
' .
1, t . THIS INSTRUMENT RE-RECORDED TO SHOW OORRECT-LEGR.DESCRIPTION I II
. • t r(.l:F.:r"2.
tc •
•
I ."...!:.•;.; • e' e• _ . .
y •.•I' • I .;iii se , ,• Vii' .I.,Ei ',1 .,11 I M. i ' ,.•'.
•'U:' h . .
•
• .. • .•
. 14 ,1 ..t.e , e' ,• Ili •
• I
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4 tII.
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1FT+•1 Qg��l�^�nTl°il�:'.. R' Uu.0 '. 4 '$Y',Ve'i /1J.:.K+•'vB.tH !sMaC Y'r+Mi1N%n.'n•rrs.^;e
e a0.
1516039
22 - i
h, . - • I✓I ••• 536 X503331 �,
•
n. •
•
•
, . It7Og 588 •
. 02—a ,;;
The above described property Is a portion of the same property as described 1p j�'
rre warranty deed recorded in Book 580, under Reception No. 1501587 wherein Myrtle J. r
Groves in the Grantor and Jim Lee Davis and Mary Jane Davis are the Grantees. -r !
,
• TOGETHER with all end singe's: the hcredltaments end appurtenances thereunto I-clanging,o; la my wise r, �, II.
roan theesdt sod t•
appertaining,Bing, and the late es and rrsod des, remainder whs. and she said reins, hints and profits either in .1.
• W the estate, right, tide. Interest. claim and demand whmoever d the said put its of the Wet part. • =J
law or equity. of, In and to the above bargained premises,the hereditament.and appurtenances.
C'n_ •
TO HAVE AND TO HOLD the said premises shove bargained and'hs dbKa ed.d ith means of eoaoces.ch v.onto e p
m add panics di the second pan,the swing'of thew. Ihdt augoe{�(1y11t1'
Ce mar. bud the mid part iesof the lint part,forthemelVes, Nora eatcutorl. sad ndtolnlatrators, do in
•q. f WI covenant. grant. bargain and agree to and with-the aid panics al the etcoud part. the survives ol these W
t"1 asthma and the heirs and assign.of such survivor,that at the time of the rinea ■aed delivering iv indefeasible these pr estate N •
they are well eebea of the premises shove conveyed. m d good, sere.perfect.
nod right, lull over and lawful authority to prams.bargain, • x! '
of l andit nve , law,m lee simple,manner and ha V e g ed h u the same axe free sod clear from ell lamer sod O
art.and ewvsY.the same e and form aforesaid,• - el;
other grants. bargains. sales. Lieu, taxes, muumenu and iacombraoeea of whatever hind oc nature sonar:
except subject to the 1967 tax assessment payable in 1968; reserve-'
I`� •
tions, exceptions, covenants. conditions and restrictions created e
by instruments of record and'rights and easements estab-
` lished on the premises;
e
> tT end the above oarga;ned prembellm •
the quiet and peaceable posumba of the ald puttee of the second part, the
1 th survivor al them. their a.dgns aad the heirs end mations of such sunlvor,against al the lira pprrll and every sonao and wsa
n or persose
lawfully rimming or to claim the whole or say put thereof.the said Daft ies
WARRANT AND FOREVER DEFEND.
U IN WITNESS WHEREOF. the said pettiest the firs Wet have hereunto set their buds sand
seals the day sad year first above enittaa
[[(( M
• eat Sidney sealed end Delivered he the rrrxaes sal m Lee da1(i T(sEAL)
t- • -•9r__� r ' [:::.;' 'yy �[,I'iaT(rfT_ JJil ti �,�{�i. �cslcK. (SEAL)
v� ''.4.sj� ihjS., 2-62
d7arY,/fadke •(ft
�1 I•li O rv, - Ld '- u]::'. . I I r 1 .C H L' (SEAL) -'
r.,. SyA•yt$' t F 09ADO, Tim foregoing Instrument wag acknowledged before tan this 26th day of
":'".. "• F DAMS and i
t— r+s ,v ,.y"li'%; Goober tp-GTM JIM LIP I
N —.
�Qr' q P R Y'O -`= 11ARY TANF DAVIS
iWG O`�� y\4,1
t Gin ' -Wllatra fag±s V and ofacu eemblrua February 24 1971
1t c e a. P )J SS 1'` is i / ' rJy Coap�s'm 8ydesa f )
•
r �r . 50 Noun. : FtbEa.
•
WARRAIITT DEED—To Joint Teaante!a•'r"^•"e . ' . SO„s'
a
_ . .
•
't s• . 't to•L . .
•
IIT1 -
I
•
,.1• '1 • r '
a C.. /. ,
.
. .'Into t '
•
i
I' -7
.. 0 • . •
y'i,.:�..,;.:P;'?° 59F g� JUN
. '`n r d.,.r n J}( 2 i 1966•• • I ,,..4___1§..113.21.9______;-
. Mf.an'r.,.......vi.nto
. ,n _ .
LIeo°d Rovrdwi_._MAR 4 1968 _ pl a 9 d.lada 2 LC
592 Rer.pua n0.._____15137.51...__""..'°‘4 ,Reid..`_/
W�14 �EE�1y ►leer the a.r of r m lW
.. ,., o ,n
• I year of au Lord ac thousand nine handfed mod sixty-eight bee.ee+
r
• O` JIM LEE DAVIS and MARY JANE DAVIS j u w me Co yr a Weld andStet.of Cab004o. a en —;.,
. '"1 D° •
o st
tetPataad JAMES A. KNIGHT and BRENDA L. KNIGHT,
. r—
D'1
w-1 of the Gusty of Weld gad Star of Cotavde,of the
•
• N .erred part: I L�' I- .
W1TNLSEETH:TWt she said parties Of the art Dart for and la coaddentbn of the.®al
"e Other valuable considerations and TEN DOLLARS, .
• 0 to the said part ies of the first pert mra bud void by the cold parties of the moved part,the motet wbered it S
°, herby confused end arlconledged,have .mated.hargamed,cold and mooned,ad by to...portent.do
. O gtaoe,Louth.colt convey and moan unto the said pert4s of the caned put to pau cot la tenaac%.:u t
0 but m feint tummy,the sonlvor of ehrm.their ueiga and the help end ueigea of such.00,l, fora,,,all th.Id-
• o cowing dumbed lot w Parcel of lead,eltuot.,Hma cool bring In the
. Comoof Weld cod 51,00 t of Colo,edo, wit: Ft.
A tract of land located in the NE:$ of Section 4, Township 6 North, 6
Range 66 West of the Sixth Principal Meridian, being more particu- r^�., .
larly described as follows: Commencing at the NE Corner of'said u.
Section 4 and considering the East line of Section 4 to bear South
. - g`g •• 03 51' 52" East with all bearings contained herein relative thereto; o
. Thence South On° 51' 52" East aj1on the East line of said NE4 of
•
Sectin 4, 2241.75 feet to the 1- u Pon of Beginning of described . . •
parcel; Thence continuing South 03 51' 52" East 80.00 feet along
East boundary of said parcel; Thence North 900 06' 00" West, 242.59
• feet along South boundary of said parcel; Thence North 03° 51' 52" •
West, 180.00 feet along West boundary of said parcel; Thence South
90° 00' 00" East, 242.54 feet along North boundary of said parcel to
True Point of Beginning. The above described parcel of land conta'int
• 1 acre, more or less. w
• TOGETHER with.E and stout..the hereditament.and eppurtenancea thereunto bebng(.g,or in any wise 101 1,
appertaining,and the loo ad reveNoo.,roomed,,and rrmeleduc,rent.,hues and profits thereof;and- 1\i
W the state,right,sills,lotrn.t claim and dcmad whatsoever of the uld,pw ies of the Mt offs either b .....°Nlaw or equity,of,la sod to the above bargaloed Dreoilu4 aaa the hereditament.and cppmteg
• TO HAVE AND TO HOLD the said Dremlrn shore low-gained cod described,with mDDuneaneea am W.
sold parties of the.emod part,the.urrivcr el them,their tba heirs ando
ro 'd£i hh4 assigns of eto, .do for-.r.And the old ponies of the tiros pull lod.hern.aes, 1lerc.motor.and aardnLtcoton,do
• N commit,grant hugaio and ogree to and with the said earths of the'mooed put,the.orviro,w them,their .
\ th.tgos and the heirs cod mulgv,of each.00.fror,that es the time of the vacating end delivering of.Weer mum.
ey are well srr:w of the prc,a(.es oboee unswayed,a d good.sure,pen'mL nbwium and e.a.v"n,,eels.
'�.t"... of mbrritance,m law,to fee simple,mad ha ye rind right full power and lawful aothmitr m Free%Weals N
aril and,unrer.the same m mean.cod form Janaal4 and that the come core frm sail clue boo.11 lorarer and
other p0000,,Wrgdm,salsa hens,rasa,uaeramvts and locembranua of whatever kind or stun mews: t '
I except subject to the 1967 tax assessment payable in 1968• I '
•
reservations, exceptions, covenants, conditions and restrictions
I created by instruments of record and rights-of-way and easements• o, °
established on the remises;
THIS INSTRUMENT RE-RECORDED TO SHOW CORRECT•LEGAL DESCRIPTION.
t and the.bore bar
.lead Premisso a la the quirt d Dcuu Dl<paawlm of the said parties errwand. Ws d pull the
' luauor of them,their,uign,and the heirs and...lens w such porticos against all and sway pens or person „
CD' i...4.4,claiming or to claim the whole or say put tLcnof,the sold put ies ' w the lint pan,hall cod will . .1
rl WARRANT AND FOREVER DEFEND. t
0(5 IN WITNESS WHEREOF,the sold panfee:l the lint part ha ye bereagtn.eltheir hood s '-.ad - 0 f
. sal ma the day and year fhrt abn write..
r-r
HI •/� - P
Signed,SW<d and Delivered ho the Ffea.aot w t.l- 0
1 c _ J .kz E .:-,•7• -0/•,,,•.esEAL)i
arj/ e Davis +
O °°
• • i '' ' ' (SEAL). .`Y
q STATE 9r,�OLORADO,lo, r� •}
r- tr Wgl4 J' ���'��'"F ��ane ova achnor4JRd talon m.Ih4_�_dp d ; y4
IV ;•'t n A'.'S `7Ha.hc4J_ I9.kf by JIM LEE DAVIS and -
,}, •P:........,. f•".c
•.
^T14
..%•1 t,• MARY JANE DAVIS
g ^T.1.oc 1 C7tmm rdr H.N ad 0a1cLI s..l -
Y
a fie fnmmisslon r
14rt
�. U L1G� I MFc Raibt... — t
!!!!!!o 0//11
'1• , p "LO Needy F.hYa+ -
r 'Cr °
tVARRAHrV DROD—To blot ren.nu..........-••••••••. e a
, •4 .
'L. +1., . I 1,1' d...1
Hello