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Home My WebLink About20033548.tiff • • (71; DEPARTMENT OF PLANNING SERVICES ■ Code Compliance Division I Website: WWW.CO.WELD.CO.US E-mail-Address: bsalzman@co.weld.co.us 1555 N. 17th Avenue, Greeley, CO 80631 Phone: (970)353-6100, Ext. 3540 COLORADO Fax: (970)304-6498 September 17, 2003 Mr. & Mrs. Raymond Lohr Dba: Country Johns 32549 CR 51 Greeley, CO 80631 Legal Description: VI-0200046 Part of the S2NE4 of Section 19, T6N, R64W of the 6th P.M., Weld County, Colorado Dear Mr. & Mrs. Lohr: The Weld County Department of Planning Services Staff has closed the zoning violation case on your property as the Use by Special Review (USR-1401) has been approved and the plat recorded. Thank you for your cooperation in this matter. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address,telephone number or e-mail address. Sincerely, Bethany Salzman Zoning Compliance Officer pc: VI-0200046 USR-1401 ZPMH-2369 ecru ru01-GZi/ r 2/ �/5?C// SERVICE,TEAMWORK,INTEGRITY,QUALITY 020033Syt1 ►PLI(c31 L.,) WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 1555 N. 17TH AVENUE GREELEY, CO 80631 PHONE(970)353-6100, Exr. 3540 -FAX(970) 304-6498 DATE: j I 20 RECEIPT 09844 RECEIVED FROM: I ' ' 1 �(/ _ Lci.\ + Y NO. TYPE FEES 4221 -RE/SE 4221 -ZPMH 4221 -USR 4221 -SITE PLAN REVIEW 4221 -COZ 4221 -PUD 4221 -SUBDIVISION 4221 -BOA 4221 -FHDP/GHDP 4430-MAPS/PUBLICATIONS 11 4430-POSTAGE • 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE 1� MISC. C � r O CASK, HECK NO: TOTAL BY: . . \ ) -<. .-• \ C� WHITE-CUSTOMER CANARY-FINANCE PINK-FILE i • FAX TRANSMISSION weld county COLORADO DEPARTMENT OF PLANNING SERVICES Fax: 970-304-6498 Phone: 970-353-6100, ext. 3540 To: Jarvis Fosdick Date: AUGUST 25, 2003 Fax: 970 635 9775 Pages: 1, including cover Phone: 970 669 0516 From: Kim Ogle Planner III kogle@co.weld.co.us Subject: Dorthula Lohr- USR-1401 COMMENTS: Jarvis Staff reviewed the case file and attached correspondence dated June 19, 2003 from Ms. Lohr. In this letter, Ms. Lohr requested staff to review the permitting of the temporary office trailer. Staff also reviewed the questionnaire submitted at time of application. Questionnaire item 5.D clearly states that the trailer will be temporary, as a 30 x 100 foot metal building is to be constructed that will house the service trucks, supplies and have an office on the north end of the building. ZPMH 2369 for a office trailer was approved by staff for a temporary trailer not to exceed six months in time and to be removed from the property after this date. At this juncture, the issue of the trailer is the lone remaining issue to be resolved. . To rectify this situation, Ms. Lohr may present her concerns to the Board of County Commissioners for review and action. Should this be the direction that your client wishes to take, please contact Wendi Inloes of this office to begin the scheduling process. A letter requesting this hearing is required. If you need any further information, please feel free to contact me or Wendi at the above telephone number or e-mail address. CONFIDENTIAL This facsimile is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged confidential,and exempt from disclosure under applicable law. If the reader of this facsimile is not the intended recipient nor the employee or agent responsible for delivering the facsimile to the intended recipient,you are hereby notified that any dissemination,distribution,or copying of this communication is strictly prohibited. If you have received this communication in error,please notify us immediately by telephone and return the original message to us at the above address via the U.S.Postal Service. Thank you. x`11O\ 1)-U v w 1, . doll 011'4'4 6v .. W* 4 Lt o2, [,im �L .� t . \OltV G�� (1 &2. to Jun 19 03 09: 13p Country Johns 9703466101 p. 2 • • .Tune 19, 2003 Department of Planning Services. kiln Ogle 1515 A'. 1-712 Avenue Cireelev, Colorado 50631 Ilea]' Kim: Item-3 077 the:Ifohile H0/179 lasing neJ'Jllrf adill7TlaStf'ai11'C review: ^�. /�,I•.., �" I misunderstood your term for' temporary oj;ice trader. I thought it meant CYNee k sattG temporary because it was o77 wheels. I wo7dd like to change that thought as vC a0uk11Jk['jot this Off+C - to he set down and used for as tong as}1'e hare the business at this location. fTE, have a )iied.frn'the aeco.vctu7•permit and 5 t has been approved. Item 1.4.4 Sigtas oil site. There will be nn.sig,71s on site. Our customers contact ass by lelftl/tone. Item 1.4.5 Lighting on site. There will he no additioncrf yard tihtc. :here is one existing;Tn4lig/it hy the residence. hem 1./1.10 Dash in the 3000 SF shecl that is to he removed and.so note. This shed has been remolz'cf from the plat. hem I.R Landscape, screening and lighting plan. Tfe will he Jrcin,R 1 W i&fi°ncin to enclose area. 4Iso there have beeii some trees and shoth.c planted to.screen the area lien, I.I) if ate? source. 1 i?rff D.supplies hater to residence c?rd husinass. 1i e 11711 also he 1,011-1700171C v'atex.frOll7 the Cin'of(;r'ee7E1'seller, because of the drought. Item I.G I achout urea A plan,,for this area has been s77hmined to Chin' Davis. TT eld County Health Dept. The circa will he Cen7e77ted SO that aft residue from the washing ofporiahle toilets will flow into a rat lhic residue will he pimped into the pinnpet' ir77C1C and taken /0 the 0771 of Greeley.sewer and disposed gilt/ the prover manner. Sincerely Donhnla i.ohr (1.'SR-14011 Kim Ogle - USR-1401 Page•From: Char Davis To: Ogle, Kim Date: 7/28/03 4:32PM Subject: USR-1401 Kim, this was Lauren's case Condition 2.G Washout area documentation and diagram has been submitted and is approved by this department. Charlotte Davis, MPH Environmental Health Services Weld County Department of Public Health and Environment 1555 N. 17th Avenue Greeley, CO 80631 Work (970)304-6415 ext 2208 FAX (970) 304-6411 cdavis@co.weld.co.us • • DEPARTMENT OF PLANNING SERVICES 1555 N. 17'"AVENUE WIND GREELEY, COLORADO 80631 WEBSITE:www.co.weld.co.us l address: kogle@CO.Weld.CO.US C. E-maiPHONE (970)353100,FAX(9 O) 304-6498 COLORADO May 11, 2003 Steve Stencel Intermill Land Surveyors 1301 North Cleveland Avenue +1n t'a'r° 4 &// 043 Loveland, CO 80537 Subject: Lohr, USR Paper Plat Dear Steve: The Department of Planning Services has reviewed the enclosed paper plat and has the following suggestions as redlined. Additionally, the following items shall require addressing prior to submitting the plat for recording. Item 1.A.4 - Signs on site-- no 5141x6 onfrAzewyw ' Item 1.A.5 - Lighting on site - Grw0,ace 1y t10-, h., kart- Ve y — S� vn via- `4-'" °L-• Item 1.A.10 - Dash in the 3000 SF shed that is to be removed and so note — gekairciam, y,.,d 1,1 "PArwar Prior 4„ PG Item 1.B - Landscape, Screening and Lighting Plan sS><1L. ta.,; Item 1.D -Water Source, Safi 3 ov u. v rnm (p lswwi Ali. t w• Item 1.G -Washout area G.tcv Please submit the appropriate documentation addressing each of the referenced items prior to submitting the mylar plat for this facility. Should you have any questions or need further information, I may be reached at the above address, telephone number or e-mail address. Since ki Ogle Plan ecil--) Enclosure:Red Lined Paper Plat File:USR 1401 Kim Ogle - USR-1401 ' Page 1 From: Char Davis To: Ogle, Kim Date: 4/25/03 10:26AM Subject: USR-1401 Kim, Condition 1H-Waste Handling plan has been submitted, reviewed and is approved by this department. Regards, Char Charlotte Davis, MPH Environmental Health Services Weld County Department of Public Health and Environment 1555 N. 17th Avenue Greeley, CO 80631 Work (970) 304-6415 ext 2208 FAX (970) 304-6411 cdavis@co.weld.co.us RAYMOND OR DORTHUTAA!NR • 32549 WCR 52 GREELEY,CO 80631 Home Phone970-356-4896 weia uounty Planning Depmtmctlt GREELEY OFFICE APR 1 5 2003 April 15, 2003 RECEIVED Weld County Planning&Zoning 1555 North 17TH Avenue Greeley, CO 80631 To Whom It May Concern: Raymond&Dorthula Lohr needs to file an extension till April 30,2003. For Permit Number USR-1401. Sincerely, itt tt 1,tfa Dorthula Lohr RAYMOND OR DpINDAINR • 32549 WCR 52 GREELEY,CO 80631 Home Phone 970-356-4896 February 28, 2003 Department Planning Weld LooGREE�EY OFFICE Weld County Planning&Zoning 2 20°3 1555 North 17TH Avenue VS Greeley, CO 80631 RECEIVED To Whom It May Concern: Raymond&Dorthula Lohr needs to file an extension till April 15,2003. For Permit Number USR-1401. cerely,).G�'Z�2 u ewe_ oe OIL Dorthula Lohr a Kit • • DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT 1555 N 17TH AVE GREELEY, CO 80631631 WEBSITE: www.co.weld.co.us ' ADMINISTRATION (970) 304-6410 FAX (970) 304-6412 O PUBLIC HEALTH EDUCATION AND NURSING (970) 304-6420 FAX (970) 304-6416 ENVIRONMENTAL HEALTH SERVICES (970) 304-6415 COLORADO FAX (970) 304-6411 Tuesday,January 14, 2003 Dorthula Lohr 32549 CR 51 Greeley, CO 80631 RE: ISDS No.: ISDS-03002 Permit No.: SE-0300002 USR No.: 1401 Dear Ms. Lohr: On January 13, 2003, an evaluation of the existing individual septic disposal system at 32549 CR 51 Section 19, Township 06 North, Range 64 West, was conducted by Deborah Blandin, an Environmental Specialist of this department. Based on all available data, the septic tank is of adequate size to accommodate the structure served. However, it cannot be determined if the field is of adequate size. Site conditions were dry at the time of inspection and the home was occupied. Be advised, neither the County of Weld nor any of its agents or employees undertake or assume any liability to the owner of the above property, to any purchaser of the above property or to any lending agency making a loan on the above property or in the report. This inspection was conducted for the purpose of determining compliance with current regulations and for detecting health hazards observable at the time of inspection. This does not constitute a warranty that the system is without flaw or that it will continue to function in the future. Inspections requested during periods of snow cover and high soil saturation may be of questionable value to potential buyers due to adverse conditions. Evaluations based on Statements of Existing(S.O.E.) relies on information the property owner provides, under oath, indicating current status of the system and representing to the best of his/her knowledge the system is not failing to function properly. If we can be of any further assistance, please contact our office at(970)304-6415. Sincerely, Deborah Blandin Environmental Health Specialist Enclosure CC: Weld County Department of Planning Char Davis, Weld County Department of Public Health & Environment WELD COUNTY DEPOTMENT OF PUBLIC HEALTH ANLENVIRONMENT 1555 NORTH 17TH AVENUE GREELEY, COLORADO 80631 PHONE (970) 304-6415 FAX (970) 304-6411 STATEMENT OF EXISTING SEPTIC PERMIT Permit #: SE-0300002 Sec/Twn/Rng: 19 06 64 PERMIT Owner: LOHR DORTHULA L & RAYMOND W Applied: 01/09/2003 Applicant: LOHR DORTHULA Parcel #: 0801-19-0-00-012 Location: 32549 WCR 51 19-06-64 Legal Desc: 9664 S2NE4 19 6 64 ( 1R2D) %32549 WCR 51% 32549 51 CR WELD Description: HOUSE Commercial: N Residential: Y Acres: 80 # of Persons: 2 Basement Plumbing: N # of Bedrooms: 2 Bathrooms - (Full): 1 (3/4): 0 (1/2): 0 Water Public: Y Water Source: NWCWD Water Private: N Cistern: N Well: N Well Permit Number: Septic Tank: 1250 Tank Material: CONCRETE Absorption Trench: UNK sq. ft. Absorption Bed: UNK sq. ft. Year Installed: 80'S NOTICE The property owner/agent has certified by Notary Seal that the above described septic system is in fact installed as described,and exists at this time on the parcel identified above by the parcel number and/or legal description,and further states that the system IS/IS NOT in good working order and to the best of his/her knowledge IS/IS NOT failing to function properly. The property owner/agent further understands that any falsification or misrepresentation may result in the revocation of any permit granted based upon this information hereby submitted and in legal action for perjury as provided by law. The Statement of Existing Record relies on information the property owner or his/her representative provides,under oath, indicating current status of the system and representing to the best of his/her knowledge that the system IS/IS NOT failing to function properly. Issuance of the Statement of Existing .ermit for any system does not constitute assumption that the site was evaluated or inspected during any phase of construction by this Department to meet regulations. x �rJ /— .1 , -� Environmental Health Specialist Date Form:S_EX':T Position 5 SDA-FmHA Form FmHA 427-1 CO (PURCHASE MONEY) (Rev. 7-89) REAL ESTATE DEED OF TRUSTTRUSTFOR ':OLORAUO (\\(((- (o) THIS DEED OF TRUST is made and entered into by and between DORTHULA L. LOHR and RAYMOND W. LOHR residing in Weld County,Colorado, whose post office address is 32549 Weld County Road 51 , Greeley ,Colorado 80631 as grantor(s)herein called"Borrower," and the Public Trustee of Weld County, State of Colorado, herein called "Trustee," and the United States of America, acting through the Farmers Home Administration, United States Department of Agriculture, as beneficiary, herein called the "Government," and: WHEREAS Borrower is indebted to the Government as evidenced by one or more promissory note(s), or assumption agreement(s) or any shared appreciation agreement or recapture agreement, herein called "note," which has been executed by Borrower, is payable to the order of the Government, authorizes acceleration of the entire indebtedness at the option of the Government upon any default by Borrower, and is described as follows: Annual Rate Due Date of Final Date of Instrument Principal Amount of Interest Installment August 16 , 1990 $125, 000. 00 5% August 16 , 2030 (The interest rate for limited resource farm ownership or limited resource operating loan(s) secured by this instrument may be increased as provided in the Farmers Home Administration regulations and the note.) And the note evidences a loan to Borrower, and the Government, at any time, may assign the note and insure the pay- ment thereof pursuant to the Consolidated Farm and Rural Development Act, Title V of the Housing Act of 1949, or any other statutes administered by the Farmers Home Administration; And it is the purpose and intent of this instrument that, among other things, at all times when the note is held by the Government, or in the event the Government should assign this instrument without insurance of the note, this instrument shall secure payment of the note; but when the note is held by an insured holder, this instrument shall not secure payment of the note or attach to the debt evidenced thereby, but as to the note and such debt shall constitute an indemnity mortgage to secure the Government against loss under its insurance contract by reason of any default by Borrower; And this instrument also secures the recapture of any interest credit or subsidy which may be granted to the Borrower by the Government pursuant to 42 U.S.C. §1490a, or any amounts due under any Shared Appreciation Agreement/Re- capture Agreement entered into pursuant to 7 U.S.C. 2001. NOW, THEREFORE, in consideration of the loan(s) Borrower does hereby grant, bargain, sell,convey, and assign unto Weld trustee with general warrant the following-described property situated in the County(ies) of State of Colorado: See Exhibit "A" attached hereto and incorporated herein as though fulll set forth herein. FmHA 427-1 CO(Rev. 7-89) • Subject to 1990 taxes due and payabe in 1991; rights of way and ease- ments as now established and used, including but not limited to roads, ditches, pipe lines, power lines, telephone lines and reservoirs; rights of way, recorded in Book 86 Page 273 , Book 1120 as Reception No. 2061163; reservations recorded in Book 20 Page 357, Book 661 as Reception No. 1583234 and in Book 686 as Reception No. 1607949; oil and gas lease recorded in Book 981 as Reception No. 1908652, Weld County Records. * (28) It is agreed that this is a Purchase Money Deed of Trust and that the Purchase Money Promissory Note above described evidences the balance owing on the purchase price of the security property sold to the Borrower by the Government. together with all rights (including the rights to mining products,gravel, oil, gas.coal or other minerals), interests, easements, hereditaments and appurtenances thereunto belonging, the rents, issues, and profits thereof and revenues and income there- from, all improvements and personal property now or later attached thereto or reasonably necessary to the use thereof, including, but not limited to, ranges, refrigerators, clothes washers, clothes dryers, or carpeting purchased or financed in whole or in part with loan funds, all water, water rights, and water stock pertaining thereto, and all payments at any time owing to Borrower by virtue of any sale, lease, transfer, conveyance or condemnation of any part thereof or interest there- in-all of which are herein called "the property"; TO HAVE AND TO HOLD the property unto Trustee, Trustee's successors, grantees and assigns forever and in fee simple; IN TRUST, NEVERTHELESS, (a) at all times when the note is held by the Government, or in the event the Govern- ment should assign this instrument without insurance of the payment of the note, to secure prompt payment of the note and any renewals and extensions thereof and any agreements contained therein, including any provision for the payment of an insurance or other charge, (b) at all times when the note is held by an insured holder, to secure performance of Borrower's agreement herein to indemnify and save harmless the Government against loss under its insurance contract by reason of any default by Borrower, and (c) in any event and at all times to secure the prompt payment of all advances and expenditures made by the Government, with interest, as hereinafter described, and the performance of every covenant and agreement of Borrower contained herein or in any supplementary agreement. BORROWER for Borrower's self, Borrower's heirs, executors, administrators successors and assigns WARRANTS the title to the property to the Government against all lawful claims and demands whatsoever except any liens, encumbrances, easements, reservations, or conveyances specified hereinabove, and COVENANTS AND AGREES as follows: (1) To pay promptly when due any indebtedness to the Government hereby secured and to indemnify and save harmless the Government against any loss under its insurance of payment of the note by reason of any default by Borrower. At all times when the note is held by an insured holder, Borrower shall continue to make payments on the note to the Gov- ernment, as collection agent for the holder. (2) To pay the Government such fees and other charges as may now or hereafter be required by regulations of the Farmers Home Administration. (3) If required by the Government, to make additional monthly payments of 1/12 of the estimated annual taxes, assessments, insurance premiums and other charges upon the mortgaged premises. (4) Whether or not the note is insured by the Government, the Government may at any time pay any other amounts including advances for payment of prior and/or junior liens, required herein to be paid by Borrower and not paid by Bor- rower when due, as well as any costs and expenses for the preservation, protection, or enforcement of this lien, as advances for Borrower's account. All such advances shall bear interest at the rate borne by the note which has the highest interest rate. (5) All advances by the Government, including advances for payment of prior and/or junior liens, in addition to any advances required by the terms of the note, as described by this instrument,with interest shall be immediately due and pay- able by Borrower to the Government without demand at the place designated in the latest note and shall be secured hereby. No such advance by the Government shall relieve Borrower from breach of Borrower's covenant to pay. Any payment made by Borrower may be applied on the note or any indebtedness to the Government secured hereby, in any order the Govern- ment determines. (6) To use the loan evidenced by the note solely for purposes authorized by the Government. (7) To pay when due all taxes, liens,judgments, encumbrances, and assessments against the property, including all charges and assessments in connection with water, water rights, and water stock pertaining to or reasonably necessary to the use of the real property described above, and promptly deliver to the Government without demand receipts evidencing such payments. • • (8) To keep the property insured as required by and under insurance policies approved by the Government and, at f request,to deliver such policies to the Government. (9) To maintain improvements in good repair and make repairs required by the Government;operate the property i a good and husbandmanlike manner; comply with such farm conservation practices and farm and home management plar as the Government from time to time may prescribe;and not to abandon the property, or cause or permit waste,lessening impairment of the security covered hereby or, without the written consent of the Government, cut, remove, or lease an timber,gravel, oil,gas, coal,or other minerals except as may be necessary for ordinary domestic purposes. (10) To comply with all laws, ordinances,and regulations affecting the property. (11) To pay or reimburse the Government for expenses reasonably necessary or incidental to the protection of the lie and priority hereof and to the enforcement of or the compliance with the provisions hereof and of the note and any supple mentary agreement (whether before or after default), including but not limited to cost of evidence of title to and survey the property, costs of recording this and other instruments, attorneys' fees, trustees' fees, court costs, and expenses of adve tising, selling, and conveying the property. (12) Except as otherwise provided by the Farmers Home Administration regulations, neither the property nor an portion thereof or interest therein shall be leased, assigned, sold, transferred, or encumbered,voluntarily or otherwise,wit! out the written consent of the Government.The Government shall have the sole and exclusive rights as beneficiary hereunde including but not limited to the power to grant consents, partial releases, subordinations, and satisfaction, and no insure holder shall have any right,title or interest in or to the lien or any benefits hereof. (13) At all reasonable times the Government and its agents may inspect the property to ascertain whether the co enants and agreements contained herein or in any supplementary agreement are being performed. (14) The Government may (a) adjust the interest rate, payment, terms or balance due on the loan, (b) increase di mortgage by an amount equal to deferred interest on the outstanding principal balance, (c) extend or defer the maturity o and renew and reschedule the payments on, the debt evidenced by the note or any indebtedness to the Government secure by this instrument, (d) release any party who is liable under the note or for the debt from liability to the Governmen (e) release portions of the property and subordinate its lien, and (f) waive any other of its rights under this instrument.An and all this can and will be done without affecting the lien or the priority of this instrument or Borrower's or any othi party's liability to the Government for payment of the note or debt secured by this instrument unless the Government sal otherwise in writing. HOWEVER, any forbearance by the Government-whether once or often-in exercising any right remedy under this instrument, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise any such right or remedy. (15) Default hereunder shall constitute default under any other real estate, or under any personal property or oth, security instrument held or insured by the Government and executed or assumed by Borrower, and default under any sue other security instrument shall constitute default hereunder. (16) If at any time it shall appear to the Government that Borrower may be able to obtain a loan from a productic credit association, a Farm Credit Bank,or other responsible cooperative or private credit source, at reasonable rates and tern for loans for similar purposes and periods of time, Borrower will, upon the Government's request, apply for and accept sue loan in sufficient amount to pay the note and any indebtedness secured hereby and to pay for any stock necessary to I purchased in a cooperative lending agency in connection with such loan. (17) SHOULD DEFAULT occur in the performance or discharge of any obligation in this instrument or secured b this instrument, or should the parties named as Borrower die or be declared incompetent, or should any one of the partii named as Borrower be discharged in bankruptcy or declared an insolvent, or make an assignment for the benefit of creditor the Government, at its option, with or without notice, may: (a) declare the entire amount unpaid under the note and an indebtedness to the Government hereby secured immediately due and payable, (b) for the account of Borrower incur and pa reasonable expenses for repair or mainteaace of and take possession of, operate or rent the property, (c) collect the renta and other income and profiits'�from"the property whether or not a receiver shall have been appointed, but shall not be require or be liable for failure to collect rent.or.,otheFincome, and shall be held accountable for only such amounts as are actual. received, (d) upon application by it and production bf this instrument,without other evidence and without notice of hearir of said application, have a receiver appointed'for-th'e property, with the usual powers of receivers in like cases, and (e) al thorize and request Trustee to foreclose this instrument and sell the property as prescribed by law or herein, and (f) requi Borrower to surrender to Trustee for the benefit of the Government any and all abstracts of title then owned by Borrow covering all or any part of the property. (18) Upon default by Borrower as aforesaid, the Government is hereby irrevocably authorized and empowered I foreclose by action or at its option without notice to file with Trustee a notice and demand in writing as provided by la whereupon Trustee shall foreclose this deed of trust and sell and dispose of the property and of all Borrower's right, titl and interest therein, at public auction at the front door of the Courthouse in the county seat of the County where the pr perty lies, or on the property or any part thereof, or in any other place then authorized by law, as specified in the notii of such sale, for the highest and best price the property will bring,in cash or secured credit at the option of the Governmen four weeks public notice having been previously given of the time and place of such sale by advertisement weekly in son newspaper of general circulation at the time published in said county or upon such other notice as may then be require by law, and Trustee shall issue, execute, and deliver a Certificate of Purchase, Trustees' Deed, or Certificate of Redemptic in the manner provided by law, to the person entitled thereto. At foreclosure or other sale of all or any part of the proper[ the Government and its agents may bid and purchase as a stranger. (19) The proceeds of foreclosure sale shall be applied in the following order to the payment of: (a) costs and experts incident to enforcing or complying with the provisions hereof, (b) any prior liens required by law or a competent court I be so paid, (c) the debt evidenced by the note and all indebtedness to the Government secured hereby, (d) inferior liens record required by law or a competent court to be so paid, (e) at the Government's option, any other indebtedness of Bc rower owing to or insured by the Government, and (f) any bbalance to Borrower. In case the Government is the successf bidder at foreclosure or other sale of all or any part of the property, the Government may pay its share of the purcha price by crediting such amount on any debts of Borrower owing to or insured by the Government, in the order prescribe above. (20) All powers and agencies granted in this instrument are coupled with an interest and are irrevocable by death or otherwise;and the rights and remedies provided in this instrument are cumulative to remedies provided by law. (21) Borrower agrees that the Government will not be bound by any present or future State laws, (a) providing for homestead or exemption of the property, (b) prohibiting maintenance of an action for a deficiency judgment or limiting the amount thereof or the time within which such action must be brought, (c) prescribing any other statute of limitations, (d)allowing any right of redemption, (e)requiring possession of the property or appointment of a receiver before the Govern- ment is entitled to rents, or (f) limiting the conditions which the Government may by regulation impose, including the interest rate it may charge, as a condition of approving a transfer of the property to a new Borrower. Borrower expressly waives the benefit of any such State laws. (22) Borrower further agrees that the loan(s) secured by this instrument will be in default should any loan proceeds be used for a purpose that will contribute to excessive erosion of highly erodible land or to the conversion of wetlands to produce an agricultural commodity, as further explained in 7 CFR Part 1940,Subpart G, Exhibit M. (23) If any part of the loan for which this instrument is given shall be used to finance the purchase, construction or repair of property to be used as an owner-occupied dwelling (herein called "the dwelling") and if Borrower intends to sell or rent the dwelling and has obtained the Government's consent to do so (a) neither Borrower nor anyone authorized to act for Borrower will, after receipt of a bona fide offer, refuse to negotiate for the sale or rental of the dwelling or will otherwise make unavailable or deny the dwelling to anyone because of race, color, religion, sex or national origin, and (b) Borrower recognizes as illegal and hereby disclaims, and will not comply with or attempt to enforce any restrictive cov- enants on the dwelling relating to race,color,religion, sex or national origin. (24) Notices given hereunder shall be sent by certified mail, unless otherwise required by law, and addressed, unless and until some other address is designated in a notice so given, in the case of the Government to Farmers Home Administra- tion, 655 Parfet Street, Lakewood, Colorado 80215, and in the case of Borrower at the address shown in the Farmers Home Administration Finance Office records (which normally will be the same as the post office address shown above). (25) This instrument shall be subject to the present regulations of the Farmers Home Administration, and to its future regulations not inconsistent with the express provisions hereof. (26) Borrower has assigned or waived or will immediately, on request of the Government, assign or waive in favor of the Government all grazing privileges, permits, licenses, or leases, appurtenant to or used in connection with the land, and Borrower further covenants and agrees to procure renewals thereof prior to their expiration and to pay all fees and charges and to perform all acts and do all things necessary to keep and preserve all said grazing rights and all renewals thereof, and in the event of the failure of Borrower to do any of these things the Government may do so on behalf of Borrower including advancing such sums as may be necessary for the purpose, and such funds advance shall be secured by this instrument. (27) If any provision of this instrument or application thereof to any person or circumstances is held invalid, such invalidity will not affect other provisions or applications of the instrument which can be given effect without the invalid provision or application, and to that end the provisions hereof are declared to be severable. * (28) SEE INSIDE 16th August 90 WITNESS the hand(s)and seal(s) of Borrower this day of , 19 —. (SEAL) DORTHULA L. LOHR • Gel' (SEAL) RAYMOND W. c STATE OF COLORADO ss: ACKNOWLEDGMENT COUNTY OF Wet d The foregoing instrument was acknowledged before me this 16th day of August 199_1, by DORTHULA L. LOHR and RAYMOND W. LOHR Witness my hand and official seal. (NOTARY SEAL) Notary Public My commission expires: October 23 , 1993 EXHIBIT "A" The S 1/2 of the NE 1/4 of Section 19, Township 6 North, Range 64 West of the 6th P.M. , Weld County, Colorado, except the East 30 feet thereof as conveyed to Weld County by Deed recorded December 16, 1905 in Book 212 at Page 299 . Together with eight (8) shares of the capital stock of The Cache La Poudre Reservoir Company, four (4) shares of the capital stock of The New Cache La Poudre Irrigating Company and eight (8) shares of The North Side Lateral Company. Together with 40 acre feet of water allocated from the works of the Northern Colorado Water Conservancy District. Together with all water and water rights, ditches and ditch rights, used thereon or appurtenant thereto, including but not limited to the following and all future additions to, replacements or . substitutions for any of the following: One (1) Berkley Centrifugal Pump and One (1) 10 HP U.S. Electric Motor - Serial or Motor No. F-9242-00-295. Also Known As: 32549 Weld County Road 51, Greeley, CO 80631 Lohr\Legal.DT WELD COUNTY,COLORADO Lc, DEPARTMENT OF PLANNING SERVICES 1555 N. 17TH AVENUE GREELEY,CO 80631 PHONE(970)353-6100,Exr.3540-Fax(970)304.6498 DATE: ^ 20 C' -- RECEIPT RECEIVED FROM: r_ i.,x: � , I (—..,>e NO. TYPE FEES 4221 -RE/SE 4221 -ZPMH 4221TUSRa ! ^l uz+/aH 4221 -SITE PLAN REVIEW 4221 -COZ 4221 -PUD 4221 -SUBDIVISION 4221 -BOA 4221 -FHDP/GHDP 4430-MAPS/PUBLICATIONS 4430-POSTAGE 4430-COPIES 4730-INVESTIGATION FEE 6560-RECORDING FEE MISC. 1\c,.! c t i ::,r NI car ( O CASH M CHECK NO: 4"-a 1 TOTAL BY: WHITE-CUSTOMER CANARY-FINANCE PINK-FILE Hello