HomeMy WebLinkAbout20102456.tiff RESIDENTIAL LEASE/PROPERTY USE AGREEMENT
• THIS SE AGREEMENT eremafter referred to as the"Agreement") made and entered into
this day of (\4 20 O' , by and between WILLIAM
ASKEW whose address is 962 5th Street, BERTHOUD COLORADO 80513(hereinafter referred
to as"Lessor")and JANE M. STAMP(hereinafter referred to as"Lessee").
WITNESSETH :
WHEREAS, Lessor is the fee owner of certain real property being, lying and situate in WELD
County, State of COLORADO, such real property having a street address of
8029 CR 50, Johnstown Colorado 80534.
WHEREAS, Lessor is desirous of leasing the Premises to Lessee upon the terms and conditions
as contained herein; acknowledged, the parties hereto hereby agree as follows:
USE OF PREMISES. The Premises shall be used and occupied by Lessee and Lessee's
immediate family, as a private single family dwelling, and may be used for dog breeding/boarding
facility and a small engine repair shop. Lessee shall comply with any and all laws, ordinances,
rules and orders of any and all governmental or quasi-governmental authorities affecting the
cleanliness, use, occupancy and preservation of the Premises along with proper licensing and/or
fee's that apply.
The parties hereby agree that this document contains the entire use of premises agreement
between the parties.
As to Lessor this 93day of ` ) I it
% 20 d� .
• Witnesses: "Lessor' -2 t J per. ,..�V . --1,-----------.
C'
As to Lessee, this, da of J AT
, 20 O0d .
Witnesses: "Lessee" f r �.
:,,,b,..otcu aml Sword 1.e' ie Alt d Notary '
':colic on dnis_ .Dav of\sesx. .20v1 tt AMANDA L MCD0NALD
v9y t.emonssian expire:. y-'tS V Notary Public
^ State of Colorado
r lC�le" —
0
2010-2456
• •
• The TITLE INSURANCE or ABSTRACT COMPANY hereby certifies that it has
made a careful search of its records, and finds the following conveyances affecting the
real estate described herein since August 30, 1972, and the most recent deed recorded
prior to August 30, 1972.
LEGAL DESCRIPTION:
Part of the SW 1/4 of Section 33,Township 5 North,Range 67 West of the 6`s P.M.,Weld County,Colorado,
being more particularly described as follows:Beginning at the Southwest corner of said Section 33 and
considering the West line ac bearing North W°0000"East with all bearings contained herein relative thereto;
thence North 21°44'15"East,81.(X)feet to a point on the Easterly right-of-way line of County Road No. 17,said
point being the True Point of Beginning;thence North 00°00'00"East, 182.01 feet to the centerline of the
Mosier-Williams Ditch;thence along said ditch by the following two courses and distances:South 84°01'32"
East, 140.29 feet;South 68°48'41"East,85.49 feet to the approximate West right-of-way of County Road;thence
along the arc of a curve to the right whose radius is 899/49 feet and whose long chord bears South 20°52'18"
East, 194.38 feet;thence along the North right-of-way line of County Road 50,South 89°58'40"West,246.07
feet;thence North 43°10'27" West,62.00 feet to the True Point of Beginning, County of Weld, State of
Colorado
CONVEYANCES (if none appear, so state):
Book 1444 Page 386
Reception No.1822327,
Reception No.1822328,
• Reception No. 2269735
Reception No. 2714467
Reception No. 3511697
Reception No. 3524187,
"` Reception No. 3561944,
The certificate is made for the use and benefit of the Department of Planning Services of
Weld County, Colorado.
This certificate is not to be constructed as an Abstract of Title nor an opinion of Title, nor
a guarantee Title and the Liability of COMPANY is hereby limited to the fee paid for this
Certificate.
In Witness Whereof, COMPANY, has caused this certificate to be signed
by its proper officer this 27th day of May, 2010 , at 7:30AM.
North American Tale Company of Colorado
j)
• i1 )), 1) V )q I (_
. Authorized Signature
Gmail-13029 UK w
• •
( , JANE MARIE <janemarie58@gmail.com>
8029 CR 50
1 message
Tina L. Williams <tlwilliams@nat.com> Thu, Apr 15, 2010 at 12:17 PM
To: "janemarie58@gmail.com" <janemarie58@gmail.com>
Your O&E on this property is attached. There is no charge.
Thank you,
■NORTH Tina L. Williams
AMERICAN Escrow Assistant
IIITITLE North American Title Company
COMPANY 3459 West 20th Street, Suite 112
Like Clockwork' Greeley, CO 80634
Main: 970-304-9012
Fax 970-304-9022
tlwilliams@nat.com
http://www.nat.com
PThink Green. Please only print this email When necessary
•
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T 8029_CR_50.pdf
548K
•
1 of 1 4/15/2010 7:47
_ _ ;-ri'_ F.°arts='- �'.:is __
- ... G fIAR, ,958
• -:afenrEe'd:{: . s rjl a" 'ere` •pf&It - - _ _ - _
,' -- - -'-'-:-\
c-'----n---negdl,ao xo r�',Z`R'+530 a hS•''' , :aiadmn tY. _ - �' - - •- '
. .- y,• r- --‘,.a, brit--,:,;r,. -_ -.. :.{_•` , _• r , _ • . _ .
j+j'3101 2`' 3PN lYadd:dbb+, e2�?: i :le-:•=1-',:189--0: -i e„b.rPati 8 -
, ysas,of our Lord one thousand nine iiuddred aud'�11\ty;11_- -x,between _ t%J
• - ' ' - ' ROB :-L,;..ffi{IIT$ a'h d Apk b1. 'DEM - I
I;of the,: ' - -County ofweitli,. - , ' ,and State of Colo adoo of the first part,and ,
y %- :•WELD 000RTY,L
- f ,t • , -
nlnha, - • weState of Colorado,of the second pails--
WITNESSETH, That th. old park in t ,r of the first par end in'rnnsideration of the sum of '
OthIF good and valuable considerations and Tat; - - -,7.7 - - - - - - DOLLARS,
- to the said part lee of the Snit part in hand paid by the said pert of the second part,the receipt whereof is
hereby confessed and acknowledged, have granted,.bargalned,sold and conveyed,and by thra sraents.dc ,
• !;:'grant''bargain, tell, convry tiud`eohfirrdantalka: raid:tarty of the second partite cane rud assiea 1
':forev<f.all the following deadihed lot ' or parcel . of'iand, situate, lying and being in the County of Weld- . -
'add'Stale of Colorado to:vit: ' -
? •
; non nccr.niv,
,,,, n.,hat;7, That parcel of land situated in the Southwest Quarter (SWt) of Section
r'j .-s Thirty-three'(53), TOyhth1p Five (5) North, Range Sixty-seven (67) West �f( 6i fl' -
" �. of the Sixth'Principal Meridian, more particularly described as follows: • II j.- ::-
ys ij Beginning at the Southwest corner of said Section 33; thence North on ,A . :fn
h \ F' the West line of Section 33 far a distance of 1242 feet to the West line
(ts of The Great Western Railway Company's right of way; thence Southerly ':!'it:/%11011;1.1% .�
cen g
S �.'; 40 feet from and parallel to the center line of said Railway for a -3-,•!•:!:!''..r3 :I
' •" - distance of 1419 feet to the South line of said, Section 33; thence West i ''o
(- --nD .•. on the South Section line 400 feet to the place of beginning, containing 1.
'i ': . 6,80 acres by actual measurement;.also, an water and water rights, .J n_ G° lateral and lateral rights appurtenant to said land, and especially
1/10 of 1 share of the capital stock of the Consolidated Hillsboro Ditch i
Company,
•
• .
•
TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in any- ,
vise appertaining,and the reversion and reversions,remainder and remainders, rents,bores and profits thereof;and •
all the estate,right,title, Interest,claim and demand whatsoever of the said parties of the first part either in law -
or equity, of,in and to the above bargained premises, with the hercditsments and appurtenances.
TO HAVE AND TO HOLD the said remises above bargained and described, with appurtenances, unto
the said CCBBear
part y of the second pet,its 7 p9ma av� assigns forever. And the said parties of the first
part, for themselves,their heirs, executors and administrators, do — covenant, grant, bargain and agree •
cceHso
to and with the said party of the second part,its �ll �lnfaod assign,that at the time of the en-
sealing and delivery of these presents they are well seised of the premises above conveyed,as of good,sure,per-
fect,absolute and indefeasible estate of inheritance,in law,in fee simple,and have good right,full power and lawful
authority to grant, bargain, sell and convey the same in manner and form aforesaid,and that the same are free
and clear front all former and other grants, bargains, sales,liens,taxes,assessments and incumbrances of whatever
"Hind or nature solver: Sugsect to its inclusion within Northern Colorado Water
Conservancy Districttand Johnstown Fire.Protection District, and easements of
record, if any,
successors
and the.above premhes, in the quiet and
peaceable possession of the said part y of the ascend part,s its /
tteict and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part
thereof,the said part ice of the first part shall and will WARRANT AND FOREVER DEFEND.
IN WITNESS WHEREOF, The said pariea of the first part have hereunto set their hands and
seals the day and rear first above written.
•
Signed,Sealed and Delivered in the Presence of (SEAL)
�l��,,n688�
-- 11L i3. in (SEAL)
Vii• r_s, d (SEAL)
.4•a .nC>
6 T �1a''7�,J> W RADO,
,ON'j . `H- i. jai The foregoing instrument was acknowledged before me this 23*d day of
�; a�.}IC v td1;f#.:;. February ;9,56., by Robert L Smith and
'.1 "``, Jo, " Anna 14. Smith,
nsner:i,d omelet Seal.
y 0
144(1 i Jw4s'ko"Eap4es Apra 23,, l gs6 6G�__.
.�.Y_., • Notary Public.
WARRANTY DEED=McVey Priaiery,Greeley.flannel. '
Raox // & CIL_Mt APR ? 6 1980
c, Recorded a `i 9 clip yytt�a Iva 90(' Reception No Otte 1 I• it Iva yY,• • Recorder.
• 'C -___ —.--.— � _ —___ --__ —Weld County, Cobrodo
l l
i I THISDEED, Made this 16th dee of April ,Ii SO
t d
' between Weld County, Colorado, a body corporate and politic
or. I i
of the County or Weld end state of f
o it Colorado,ortho first part,and to Donna R. Moser, as Personal RepresentativeIl
I1 of the Estate of John L. Moser, Deceased
I
o �� whe.elegnladdreasie 8029 Weld County Road #50, Johnstown, Colorado 80534 i
:i
it of the County of Weld and state of
e !; Colorado,of the second part,
.t l: WITNESSET}L That the said port y of the first part,for and in consideration of the sun of
to GOOD AND VALUABLE CONSIDERATION DOLLARS,
o to the said port y of the firms port In hand paid by the said pert y of the second part,the receipt whereof
is hereby confessed and acknowledged,ha S reml.wd,rnlonso,l,cold,conveyed and QUIT CLAIMED,and by time
presents does refuse,relea,,,sell.convey and QUIT('LAIN unto the acid party of the suoond part, his heirs,
I. successors and assigns,forever,till the right.title,interest.einlm and dmnnnd whit Is the anld party of the first part
ha S In and to the following deserlhod lot or parcel of land situate,hying std hoing In the County I
.p of Weld and State of Colorado.to wit:
_i
SEE ATTACHED EXHIBIT "A"
I
i. II
;
II
•
9,1 II
l also known as street and number
1, TO HAVE AND TO HOLD the snore,together with all and singular the appurtenances and privileges thereunto
belonging or in anywise thereunto eppertnhd ng,and all the estoto.right,title.Interest and claim whatsoever,of the
l•
said party of the first part,either in law or equity,to the only proper use,benofil and behoof of the sold party of
;i the second port, his buirn and oasigtu forever.
IN WITNESS WHEREO F.The said part y of the first part let S ho rem nto set its hand
and seal the day and your that above written.
_WELD CEEWZ .EDAM--(SEAL]
.I Signed,Sealed and Delivered in the presence of A
Dyi_Lt _t I y _[SEAL, lI
. C. W. Kirby/ Chairman
' ward of County OnranisSiOliera—f3,. L]
i Weld County, Colorado
(SEAL] .1
STATEOFCOLORADO, l is
it
1{
ss.
County of
f1 The foregoing instrument was acknowledged before me this /4'a' day of ap,t •i,
l r99c,byO_W. Kirby Chairman Board of County Commissioners
II Weld County, Colorado
i My commission expire, ttp,,/ .oy ,19:'(.Witness toy hand and official seal.
ll I:
T^ .....
•.�y� ti
a.Yrypatiie. II
l iAl, , _ I
.;: II
li
4I
No.933.QUITCLAIM ol .o eor.nrur,eonnem uu nrco., -um Stn
..D.ne.r C,I m... mamu ta _e•it ':{:
• •
eonK 182232'7
• 900 c4-
EXHIBIT "A"
Part of the Southwest Quarter of Section 33, Township 5 North,
Range 67 West of the 6th F.M. , {Veld County, Colorado being more
particularly described as follows:
Beginning at the Southwest corner of said Section 33 and consi-
dering the west line as bearing North 00°00'00" East, with all
bearings contained herein relative thereto;
Thence North 21°44 '15" Fast, 81.00 feet to a point on the easterly
right-of-way line of county road 017 said point being the True
Point of Beginning;
Thence North 00°00'00" East, 182.01 feet to the centerline of
the Moisier-Williams Ditch;
Thence along said Ditch by the following two courses and distances:
South 84°01'32" East, 140.29 feet;
South 68°48'41" East, 85.49 Ceet to the approximate west
right-of-way of county road;
Thence along the arc of a curve to the right whose radius is
899.49 feet and whose long chord bears South 20°52'18" East,
194.38 feet;
Thence along the north right-of-way line of county road 050
• South 89°58'40" West, 246.07 feet;
Thence North 43°10'27" West, 62.00 foot to the True Point of
Beginning;
Said described parcel of land contains 1.203 acres, more or
less, and is subject to any rights-of-way or other easements
as granted or reserved by instruments of record or as now
existing on said described parcel of land.
•
• •
Recorded.at J L._..—o'clock
,— t:EAPR 1.6 1983
• 18=328 1-rat..At_.I
Stow of Colorado, Weld County Clerk & Recorder n
PERSONAL REPRESENTATIVE'S DEED
(INTESTATE ESTATE) '
p
THIS DEED is made ty DONNA R. MOSER, as Personal Representative of
�. . :the Estate of JOHN LEE MOSER, also known as JOINT L. MOSER, Deceased,
'Grantor,:to RONALD GERBEREING and.ANN P. GERBELDING, Grantees, whose
address id 8029.Weld County .Road No. 50, Johnstown, Colorado 80534.
WHEREAS, JOHN DT MOSER, also known as JOHN L. MOSER, died intestate
`" at.Fort,Collins, LarLner County, Colorado, on October 17, 1979; and ,i^..
, L, :WHEREAS,.Grantor was duly appointed Personal Representative of said` '.
Estate by:.the District Courtin and for the County of Weld, and State of
Colorado, Probate No 79 PR 240, an October 26, 1979, and is now qualified
and'.acting in said Capacity:
'co NOW,:THEREFORE, pursuant to the powers conferred upon Grantor by -
Jthe Colorado..Probate Code, Grantor does hereuy sell, convey; assign,
.nc :transfer'-andset over unto Grantees, as join'. tenants with right of. �.
;survivorshipand`not as--tenants in common, for and in consideration of
:the;sum'.of Fbrty Thousand Dollars ($40,000). the following described,
realyroperty: situate.in the County of Weld, State of Colorado:
Part.of the Southwest.'Quarter (SW 1/4) of Section Thirty-three''
.o,. (.3),:.in To'mship Five (5) North; of Range Sixty-seven (67) West
Of the-Sixth.(6th) P.M:, Weld County, Colorado, being more.
• ..: particularly:described'as .followe:
Beginning at the Southwest corner of said Section 'Thirty-three.(33)
and considering the West line as bearing North 00°00'00" East with
_'. all;tearings contained herein relative thereto;
Thence-North 21°44'15" East, 81.00 feet to a point on the Easterly.
right-of-way line of County Road 1f17 said point being the TRUE
'POINT OF:BEGINNING;
Thence?North 00°00'00" East, 182.01 feet to the centerline of the
'Nosier-Li llianis:Ditch;
Thence alongSaid Ditch by the following two courses and distances: .
.. t;S,outh 84°01'32" East, 140.29 feet;
`"`South 68°48'41" Fast', 85.49 feet to the approximate West
-' right-of-way of County Road;
Thence along the arc of a curve to the right whose radius is
899,49 feet and whose long chord bears South 20°52'18" East,
;194.38 feet;
:Therice along the North right-of-way line of County Road #50, South
,.09°.58'40' .West,-246,07 feet;
:thence North 43°10.27"-West, 62.00 feet to the TRUE POINT OF
also Iaiown-as street and number 8029 Weld County Road No. 50, Johnstown,
Celeradd.. '
With all appurtenances, free and clear of liens and encumbrances
'.�EXQEPTd. -1980`reel property taxes; due and payable in 1981, and subsequent
:reservations, restrictions, easements, rights-of=way, and
cOveflaflts, of record, if any• /
Executed this /`/21 day..of April, 1980.
Slane Documentary Fee .( (M-n'.rei( 75? ///"`:'J
(Donna R. Moser) as Personal Representati
•
of the Estate of John Lee Moser, also Imown
John L. Poser, Deceased
i.:
(Ackiowledgne t on Reverse Side Hereof)
• •
ecPK 1822328
• SOO -a
• •
STATE OF COIARADO )
) SS
COUNTY OF WELD )•
• .The foregoing instrument was acknowledged before me this )� day of
April, 1980, by DONNA R. MOSER, as Personal Representative of the Estate of
JOHN IFF MOSER, also known as JOHN L. MOSER, Deceased.
WITNESS my hard and official seal. •
.. My °o mission expires ..2c,lb,
,1,"�r Notary Public
auDL\C;`o
•
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•
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4 109 anlpplW)N ma b1 al whiner al ORAMMA IMNer Ma Via as a GRANTOR may h In me rsa properly
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•
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JhepIRyAMlaea 9029 NCR fl), Johnstown, Colorado 110534
llanta N llonsaU I MIS IM 9NN10111Mand.to lawn.any iMwMm the poorly or Io tinny lass Pan M emu,el
Star WOMAN rawnellnallu0NANtEE'6 trim theorem*make appropnMe NNNalMmd
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II Mgaglwe Maas M aapwMlal.►aMaaNp a Awganan. / Mpnaaa 0laa MMMAWMp
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.b — G'( �NfN .C( , "•-s'7 Oraga
_ Anna P. OarWrding
Atm
RATE Of COLcf1.400 UNT' la
CODC Weld 1
The faayIMn9 lrwum.,was acknowledged bMon me IN. 16 eh day a November r t0 91
e✓„Remold Garberding and Ann P. de 969991(99 aka Anna P. Garbs !ng
1
llffie Yd ad ofbMoral I . 1 ..
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COUNeP�O`cG— 1
'IMmnpymp. !uletfumera waeeknoWNag.d boas me this day of 19
,,gyl
rna,wkdWMASM OnnbrlM aiamea N Corporation,PednenhlporAssociation,thenkir*Spars aprovident wrier p.edeM.nd
• wen or aaIMWA eeertMry a aapaalonl oral pMnella of partnership,or as.mhomed menlbalq el aeeol.11ae)
IRNEa)my hand and eeldM tens — oro —
MyeaaaleMeneapeea
"
•
R 1317 RFC 0'2269735 11/19/91 15:54 $10.00 2/002
F 1709 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
PART OP THE SW 1/4 OF SECTION 31, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6TH
P.M., WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING 00'00'ORNER OF SAID SECTION 33 AND CONSIDERING ' WEST
00" EAST WITH ALL B SINGS CONTAINED HEREIN
LINE AS BEARING
RELATIVE THERETO;
THENCE NORTH 21'44'15" EAST, 81.00 FEET TO A POINT ON THE EASTERLY
RICHT'OF.WAY LINE OF COUNTY ROAD NO. 17, SAID POINT BEING THE TRUE POINT OP
BEGINNING;
THENCE NORTH 00'00'00" EAST, 182.01 FELT TO THE CENTERLINE OF THE
NOSIER.WILLIAMS DITCH;
THENCE ALONG SAID DITCH BY THE FOLLOWING TWO COURSES AND DISTANCES:
SOUTH 84'01'32" EAST, 140.29 FEET;
SOUTH 68'48'41" EAST, 85.49 FEET TO TUE APPROXIMATE WEST RIGHT-OF-WAY OF
COUNTY ROAD;
THENCE ALONG THE ARC OF A CURVE TO THE RICHT WHOSE RADIUS IS 899.49 FEET AND
WHOSE LONG CHORD BEARS SOUTH 20'52'18" EAST, 194.38 FEET;
THENCE ALONG THE NORTH RICUT•OF•WAY LINE OF COUNTY ROAD N0. 50, SOUTH
• 59'58'40" WEST, 246.07 FEET;
THENCE NORTH 43'10'27" WEST, 62.00 FEET TO THE TRUE POINT OF BEGINNING.
•
�111111111111IIII111111 III III IIIIIt III�IIIIIII
2714467 00/16/1989 10:36A Weld County CO
• I of 2 R 10.00 0 16.15 JA Sukl Tsukamoto
X46'7 Warranty Deed
THIS DEED is a conveyance of the real property described below, including any improvements and other appurtenances(the
'property')from the individual(s),corporation(s).partnership(s),or other emity(ier)named below as GRANTOR to the individual(s)
or entiry(les)named below as GRANTEE.
The GRANTOR hereby sells and conveys die property so the GRANTEE and the GRANTOR warrants the title to the property,except
for(1)the lien of the general property Tana far the year of this deed,which the GRANTEE will pay(2)any asemens and rights-of-
way shown of record(3)any patent reservations and exceptions(4)any outstanding mineral interests shown of record(5)any
protemiveeovenans and restrictions shown of record(6)any additional matters shown below under'Additional Warranty Exceptions'.
and(7)abject to building and zoning regdadons.
D,F.
$16.15 The Specific Terms of Thu Deed Are;
Grantor. (Girt wogs)and Mars(s)of residence;If the spade of to owamgranlm Is Joining In this Deed to release hwmmd rights,identify gnmvt as
MUM and wife.)
RONALD GERBERDING AND ANNA P.GERBERDING
Grantee: (Give mot)and marar(a):mama or Mum,ioeh4tg available mad er arm mother.)
RONALD D.MILLER AND KIMBERLY J.MILLER
8029 WCR 50,JOHNSTOWN,CO 80534
Farm of CwOvmaship: (If them are two or mom'mums named.they will be considered in take as mats in comma veins Ns words'in joint
tsnaocy or wads of the woe naming we added in the space Mow.)
JOINT TENANTS
Property Description @ehde minty aid ewe.)
SEE ATTACHED EXHIBIT A
Property Address: 8029 WCR 50 JOHNST0WN,COLORADO 80534
• Consideration: (Re smemmt of a dollar award Is optimal.adequate consider W m for die deed will be pramsed seem this cavveyans Is(dmdred
m a Vet In any me Ws mwassm kabala 6W and mom dkl®l.)
ONE HUNDRED SIXTY ONE THOUSAND FIVE HUNDRED AND 00/100
Rrsryatiaos-Radrktiom: (If the GRANTOR dotards to reserve my interest is the properly or to convey ha that is owned.or if the GRANTOR is
mudding the GRANTEE'S data in the properro,make appropriate iadiadon.)
Addieanai Warranty Exceptions: (Include deeds of oar being mown*and mbar macs nor mead above.)
Hummed by the Grantor on AUGUST 13, 1999
Signature far Corporation,Partnership or Association: Signature for Individual(s):
Name of Grants: Corporation.Paroership or Association RONALD GERBERDING ✓ Grantor
By Grantor
By
ANNA P.v GERBPRDIN( a Grantor
Attest:
ST#TE.OFCOLOR4D0- tea,
COUNTY OF WELD
The foregoing instrument was acknowledged before me is 13th day of AUGUST, 1999
Byes RONALp_9EBkERDING AND ANNA P.GERBEBDING
WITNESS my hod and official led. blic
My'eommWbq,oBjW MA: MAY 38,2001
STATE OF' t`. er. 1221 8TH A GREELEY CO 80
COUNTY OF -O;
The for6ggttg nswment^w$acknowledged before me this day of
• aorif
(as�ma(edisecretO of
eoaparifGraaor pfont)ofv rmewrrhips MhOlkn,men aris)fo associtin.nidmtor vice praidmtad secretary
or momma secretary of mryondca:or u psnm(s)d[pomwrN'ry;or as wNod�rmnber(t)of association.)
WITNESS my hand and official seal. Notary Public
My commission expires:
01981 UPDATE LEGAL FORMS WCTC No.201-L
•
111111111111111111111111IIIII III1111111 III liii IIII IIII
2714167 08/18/1888 10:368 Weld County CO
2-of 2-R-10-.00-D-i@.18-3R-Sold- Twkeeoto-
•
COMMITMENT FOR TITLE INSURANCE
♦ * * I
SCHEDULE A "CONTINUED"
RE: Our Order No. : TS50670
PART OP THE SW 1/4 OF SECTION 33, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6TH
P.M., WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT TEE SOUTHWE^a.T CORNER OF SAID SECTION 33 AND CONSIDERING THE WEST
LINE AS BEARING NORTH 00 00'00" EAST WITH ALL BEARINGS CONTAINED HEREIN
RELATIVE THERETO;
THENCE NORTH 21044'15" EAST, 81.00 FEET TO A POINT ON THE EASTERLY
RIGHT-OF-WAY LINE OP COUNTY ROAD NO. 17, SAID POINT BEING THE TRUE POINT OF
BEGINNING;
THENCE NORTH 00000'00" EAST, 182.01 FEET TO THE CENTERLINE OF THE
MOSIER-WILLIAMS DITCH;
THENCE ALONG SAID DITCH HY THE FOLLOWING TWO COURSES AND DISTANCES:
SOUTH 84001'32" EAST, 140.29 FEET;.
SOUTH 68048'41" EAST, 85.49 FEET TO THE APPROXIMATE WEST RIGHT-OF-WAY OF
COUNTY ROAD;
THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS IS 899.49 FEET AND
WHOSE LONG CHORD BEARS SOUTH 20°52'18" EAST, 194.38 FEET;
THENCE ALONG THE NORTH RIGHT-OF-WAY LINE OP COUNTY ROAD NO. 50, SOUTH
89058'40" WEST, 246.07 FEET;
THENCE NORTH 43010'27" WEST, 62.00 FEET TO THE TRUE POINT OF BEGINNING.
en.rr.For
rau..e
26k.Fn&?Sr,P.C.
W'ua a°`er' °03143°° I IIIIII 11(11111111 IIII IIIIII Illll 111111 III IIIII If I(1111
• 3511697 10/17/2007 02:16P Weld County, CO
697 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk&Recorder
QUIT CLAIM DEED
THIS DEED,made this ND day of October 2007,by and between KIMBERLY J.MILLER
of the County of Weld, State of Colorado,of the first part,and RONALD D.MILLER whose legal address is
8029 WCR 50,Johnstown,Colorado of the County of Weld and State of Colorado,of the second part.
WITNESSETH,that the said party of the first part,for and in consideration of the sum of TEN
DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION,to the said party of the first part in hand
paid by the said party of the second part,the receipt whereof is hereby confessed and acknowledged,does remise,
release,sell,convey and QUIT CLAIM,and by these presents does remise,release,sell,convey and QUIT CLAIM
unto the said party of the second part, his heirs,successors and assigns,forever,all of the right,title and interest
in and to the following described lot or parcel of land situate, lying and being in the County of Weld and State of
Colorado.
See Exhibit A attached hereto and incorporated herein by reference.
also known and numbered as: 8029 WCR 50,Johnstown, CO
(NO DOCUMENTARY FEE REQUIRED-TRANSFER PURSUANT TO COURT ORDER
IN DISSOLUTION OF MARRIAGE ACTION NO.06DR803,WELD COUNTY DISTRICT COURT)
• TO RAVE AND TO HOLD the same, together with all and singular the appurtenances and
privileges thereunto belonging or in anywise thereunto appertaining,and all the estate,right,title,interest and claim
whatsoever,of the said party of the first part,either in law or equity,to the proper use,benefit and behoof of the
said party of the second part,his heirs and assigns forever.
IN WITNESS WHEREOF,the said party of the first part has set her hand the day and year first
above written.
Kimberly J. Miller
STATE OF COLORADO )
)ss
COUNTY OF WELD
The foregoing instrument was acknowledged before me this\Z4''day of October 2007, by
Kimberly 1. Miller.My Commission expires: '`'t\1 a'(1 aOt7 +''pW�N''
Notary,P 'ZD �,PUBLIC i •
• • ------.-
Mtnrrpies ramp ao:
LY,Fm&Par,P.C.
na TmlOI Dr.,S.iiell0
M•.a nuan.CD60031-4300
• f 111111 IIIII MIDI 111111 IIIII III III 111111111111
3511697 10/17/2007 02:16P Weld County, CO
2 of 2 R 11.00 D 0.00 Steve Moreno Clerk& Recorder
EXHIBIT A
' . PART-OF THE'SW 1/4 OF SECTION 33, TOWNSHIP 5'NORTH, RANGE 67.WEST OF THE GTH
'. P.M., :WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 33 AND CONSIDERING S±S. WEST
LINE AS:BEAR7SIG NORTH 00, 00'.00" EAST WITH ALL BEARINGS CONTAINED HEEBIN,•`:;
RELATIVE. THERETO; .. . ,. . . , :• . ,
' THENCE NORTH 21044'15" EAST, B1.00 FEET TO A POINT ON THE EASTERLY " ,
.. RIGHT-OF-WAY LINE OF.COUNTY,ROAD NO. 17,. SAID POINT BEING THE TRUE POINT .OF_.,r.,.:„ . .
BEGrl4NINGp.: , . . .F
• THENCE NORTH 0O00'00" EAST, :182101 FEET.TO THE CENTERLINE OI' THE ' � . .
MOSIER-WILLIAMS DITCH; •
- 'LICENCE ALONG.SAID DITCH BY THE FOLLOWING TWO COURSES AND DISTANCES: .
SOUT3 84OO1'32" EAST, 140.29 FEET; '
•
SOUTH 68°48'41" EAST, '65.49 FEET TO PHh APPROXINLtTE WEST RIGHT-OF-WAY O_.,, . . .
•
COUNTY ROAD; r'
THENCE ALONG THE ARC OF A CURVE TO TEE RIGHT IG WHOSE RADIUS IS 899.49 FEET AND"-
WHOSE LONG CHORD BEARS SOUTH 20°52'18" , 194.30 FEET;
THENCE ALONG THE NORTH RIGHT-OF-WAY LINE OF. COUNTY ROAD NO. 50,. SOUTH
890583'40" WEST,O246.O7 FEET;
. THENCE NORTH 43 10'27" .WEST, 62.00 FEET TO la.I TRUE POINT OF BEGINNING.
•
• •
1111111111111311111111111111111111111111111111111
�� 3524187 12/18/2007 10:41A Weld County, CO
1 of 2 R 11.00 0 1933 Steve Moreno Clerk&Recorder
• III 1119 1111 lIIIl1IIIIIIllIf1II III STATE DOCUMENTARY FEE
Date: December 17, 2007
$ 19.33
WARRANTY DEED
THIS DEED, Made on this day of December 17, 2007 , between
RONALD D. MILLER
of the County of and State of , the Grantor(s), and
ALLEN MUIRXEAD SR
2414190 uu'Id CDanly Rd Lko Lc Salle Co g0(94/5
whose legal address Is
of the County of WELD and state of COLORADO , the Grantee(s):
WITNESS, That the Grantor(s), for and in consideration of the elm of ( $193,300.00 )
e•t One Hundred Ninety Three Thousand Three Hundred and 00/100 ••• DOLLARS
the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, end by these
presents does grant, bargain, sell, convey and confirm into the Grantee(s), his heirs and assigns forever, all the
real property, together with improvements, if any, situate, lying and being In the County of
WELD and State of Colorado, described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
also known as street number 8029 WELD COUNTY ROAD 50 JOHNSTOWN CO 80534
TOGETHER with all and singular end hereditament. and appurtenance. thereto belonging, or In anywise appertaining
and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right
title interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, In and to the above bargained
premises, with the heredi Laments and appurtenances;;
TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s),
his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant,
bargain, and agree to and with the Grantea(s), his heirs and assigns, that at the time of the enseel ing and delivery
of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible
• estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain,
sell and convey the same in manner and form as aforesaid, and that the sane are free and clear fran all former and other
grants, bargains, sales, Liens, taxes, nets, noartrances and restrictions of whatever kind or nature soever,
sebjees to general tans for the year 2507 and those specifies naeptima described by relerea"e to recorded documents as
reflect-rod in the Title Dennonnts a eepted by nrmtofel in+ ardmoe with /nation 1a (nitle Review) of the Contract to
Puy and 1.1l Mal 'neat.relating to the above described property; dietribudm utility easaents fineladieg sable TV))
Shoes somatically described sights of third parties net chew by ale public records of which oranteafel bee canal
t uowledge and which were accepted by Orenteefsl in ae ordmn. with section ab Chatter.nut room by the Publie aaaordel .d
P ontine, Se (surrey series) ef the Contract to Buy and fell seal /stab relating to the above described real property;
iv"lueien of the Property within any special tar dierrine; and, the benefit. end burden. of any recorded declaration and
party wall agreeaae., if any and other inns
The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable
possession of the Grantee(s), his heirs and assigns, against all and every person or persons Lawfully claiming the whole
or any part thereof. The singular number shall include the plural, and the plural the singular, and the use of any gender
shall be applicable to all genders.
IN WITNESS WHEREOF the Grantor(s) has executed this de in the
'f
eJ�dateset forth
p�bow
BY. -.140 Y,
RONALD D. rarida, _
STATE O; c"LOPADO I
Ise.
1
___ County of 7'111W°
The foregoing Instrument was acknowledged before me on this day of Deeeaber 17, 2007 ,
by ROln10 D. 1(155➢5
My e iasi en• gins '�
Witness may had ' '.•;t ;sobs:i.N,G
NU TAr;v ,. :fJLIl' Notary 9u c
• lame and Address o ypmtingJ)wly.Etsetat:t9al Description ( 3S-35-106-5, AR.0.)
Escrow', FC2$079019
Nei.ermms w,;,:.cant:.ma L+. n Recorded Return to:ALLEM MARRER0 JR
iitlek Fc25079019 92. ll-S
I
Fore 84 08/29/04 'MI WARRANTY to9raph i c) L A SAl I e co cote 45 (5802129)
ITk/1nle
• •
Weld Co CO
111111 I I I I I111111 I I I I I11111111111111111111111111111111
• 2 of 2 R711.0 D 19.3310:41A Steve Moreno Clerk&Recorder
EXHIBIT A
PART OF THE SW 1/4 OF SECTION 33, TOWNSHIP 5 NORTH, RANGE 67 WEST OP THE 6TH
P.N., WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
BEGINNING AT THE SOUTHWEST CORNER OP SAID SECTION 33 AND CONSIDERING THE WEST
LINE AS BEARING NORTH 00 DEGREES 00' 00" EAST WITH ALL BEARINGS CONTAINED
HEREIN RELATIVE THERETO; THENCE NORTH 21 DEGREES 44' 15" EAST, 81.00 FEET TO A
POINT ON TUE EASTERLY RICHT-OP-WAY LINE OP COUNTY ROAD NO. 17, SAID POINT
BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 00' 00" EAST,
182.01 FEET TO THE CENTERLINE OF THE MOSIER-WILLIAMS DITCH; THENCE ALONG SAID
DITCH BY THE FOLLOWING TWO COURSES AND DISTANCES: SOUTH 84 DEGREES 01' 32"
EAST, 140.29 FEET; SOUTH 68 DEGREES 48' 41" EAST, 85.49 FEET TO THE
APPROXIMATE WEST RIGHT-OF-WAY OF COUNTY ROAD; THENCE ALONG THE ARC OF A CURVE
TO THE RIGHT WHOSE RADIUS IS 899.49 FEET AND WHOSE LONG CHORD BEARS SOUTH 20
DEGREES 52' 18" EAST, 194. 38 FEET; THENCE ALONG THE NORTH RIGHT-OF-WAY LINE OP
COUNTY ROAD NO. 50, SOUTH 89 DEGREES 58' 40" WEST, 246.07 FEET; THENCE NORTH
43 DEGREES 10' 27" WEST, 62.00 FEET TO THE TRUE POINT OF BEGINNING
•
• Form 62HIe1TR 01/17/03 FC25079019 12‘.N\
•
eRecorded in Weld County,CO Doc Id:3561944
06/19/2008 02:59 P Receipt#:7364463
• Page:1 of 1 Total Fee:$28.37
Steve Moreno, Clerk and Recorder
• WARRANTY DEED
THIS DEED,made this 16th day of June,2008,between Allen Muirhead Jr
of the County of Weld and State of Colorado,Grantor,and
William G.Askew
whose legal address is:962 5th Street,Berthoud,CO 80513
of the County of Weld and State of Colorado,grantee:
WITNESS,that the grantor,for and in consideration of the sum of
($223,750.00)Two Hundred Twenty Three Thousand Seven Hundred Fifty dollars and Zero cents,the receipt
•
and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these
presents does grant,bargain,sell,convey and confirm,unto the grantees,their heirs and assigns forever,all the
real property,together with improvements, if any, situate,lying and being in the County of Weld and State of
Colorado described as follows:
Part of the SW Ye of Section 33,Township 5 North,Range 67 West of the 6s PM.,Weld County,Colorado,
being more particularly described as follows: Beginning at the Southwest corner of said Section 33 and
considering the West line as bearing North 00°00'00"East with all bearings contained herein relative thereto;
thence North 21°44'l$'Bast,81.00 feet to a point on the Easterly right-of-way line of County Road No.17,said
point being the True Point of Beginning thence North 0°00'00"East,182.01 fret to the centerline of the
Mosier-Williams Ditch;thence along said ditch by the following two courses and distances: South 84°01'32"
East,140.29 feet;South 68°48'41"East,85.49 feet to the approximate West right-of-way of County Road;thence
along the am of a curve to the right whose radius is 899/49 feet and whose long chord bears South 20°52'18"
•
East,19438 feet;thence along the North right-of-way line of County Road 50,South 89°58'40"West,246.07
feet;thence North 43°10'27"West,62.00 feet to the True Point of Beginning,County of Weld,State of
Colorado
also known by street and number as: 8029 WCR 50,Johnstown,CO 80534
TOGETHER with all and singular the hereditament] and appurtenances thereto belonging, or in anywise
appertaining,and thc reversion and reversions,remainder and remainders,rents,issues and profits thereof,and
• all the estate,right,title,interest,claim and demand whatsoever of the grantor,either in law or equity,of in and
to the above bargained premises,with the hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the
grantee,his heirs and assigns forever. And the grantor,for himself,his heirs,and personal representatives,does
covenant,grant,bargain,and agree to and with the grantee,his heirs and assigns,that at the time of the ensealing
and.delivery of these presents,he is well seized of the premises above conveyed,has good,sure,perfect,absolute
and indefeasible estate of inheritance,in law,in fee simple,and has good right,full power and lawful authority to
grant,bargain,sell and convey the same in manner and form as aforesaid,and that the same are free and clear
from all former and other grants, bargains, sales, liens,taxes, assessments, encumbrances and restrictions of
whatever kind or nature soever,except
• The grantor shall and will WARRANT AND FOREVER DEt'e.ND the above-bargained premises in the quiet
and peaceable possession of the grantee,his heirs and assigns,against all and every person or persons lawfully
claiming the whole or any part thereof The singular number shall include the plural,the plural the singular,and '
the use of any gender shall be applicable to all genders.
IN WITNESS
WHEREOF,the
grantor has executed this deed on the date set forth above.
Allen Muirhead Jr
STATE OF Colorado •
)ss.
COUNTY OF Weld
The foregoing Instrument was acknowledged before me this 16th day of June,2008,by Allen Muirhead Jr
My commission expires August 29,2009. Witn
my
hand and o cial seaL
k.
• f of t1OTARk
I
\
Fire Number. 503109 Y92a09
No.932A-Warranty Ned yt corm eswn Wes
Pawl of Ng
I eKecorded in weld County,CU Uoc Id:3bb1944
06/19/2008 02:59 P Receip 7364463
• Page: 1 of 1 Total 28.37
Steve Moreno, Clerk and Recorder
WARRANTY DEED
OTIIS DEED,made this 16th day of June,2008,between Allen Muirhead Jr
of the County of Weld and State of Colorado,Grantor,and
William G.Askew
whose legal address is:962 5th Street,Berthoud,CO 80513
of the County of Weld and State of Colorado,grantee:
WITNESS,that the grantor,for and in consideration of the sum of
( $223,750.00)Two Hundred Twenty Three Thousand Seven Hundred Fifty dollars and Zero cents,the receipt
and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these
presents does grant,bargain,sell, convey and confirm,unto the grantees,their heirs and assigns forever, all the
real property,together with improvements, if any, situate, lying and being in the County of Weld and State of
Colorado described as follows:
Part of the SW'/ of Section 33,Township 5 North,Range 67 West of the 6'h P.M.,Weld County,Colorado,
being more particularly described as follows: Beginning at the Southwest corner of said Section 33 and
considering the West line as bearing North 00°00'00"East with all bearings contained herein relative thereto;
thence North 21°44'15"East,81.00 feet to a point on the Easterly right-of-way line of County Road No. 17,said
point being the True Point of Beginning;thence North 00°00'00"East, 182.01 feet to the centerline of the
Mosier-Williams Ditch;thence along said ditch by the following two courses and distances: South 84°01'32"
East, 140.29 feet;South 68°48'41"East,85.49 feet to the approximate West right-of-way of County Road;thence
along the arc of a curve to the right whose radius is 899/49 feet and whose long chord bears South 20°52'18"
East, 194.38 feet;thence along the North right-of-way line of County Road 50,South 89°58'40"West,246.07
feet;thence North 43°10'27"West,62.00 feet to the True Point of Beginning,County of Weld,State of
Colorado
also known by street and number as: 8029 WCR 50,Johnstown,CO 80534
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise
appertaining, and the reversion and reversions,remainder and remainders,rents, issues and profits thereof, and
all the estate,right,title,interest, claim and demand whatsoever of the grantor,either in law or equity,of,in and
the above bargained premises,with the hereditaments and appurtenances.
to
•I'O HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the
grantee,his heirs and assigns forever. And the grantor,for himself,his heirs,and personal representatives,does
covenant,grant,bargain,and agree to and with the grantee,his heirs and assigns,that at the time of the ensealing
and delivery of these presents,he is well seized of the premises above conveyed,has good,sure,perfect,absolute
and indefeasible estate of inheritance,in law,in fee simple,and has good right,full power and lawful authority to
grant, bargain, sell and convey the same in manner and form as aforesaid,and that the same are free and clear
from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of
whatever kind or nature soever,except
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet
and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully
claiming the whole or any part thereof. The singular number shall include the plural,the plural the singular,and
the use of any gender shall be applicable to all genders.
IN'WITNESS WHEREOF,the grantor has executed this deed on the date set forth above.
-; /--- j2/C
Allen Muirhead Jr
STATE OF Colorado )
)ss.
COUNTY OF Weld )
The foregoing instrument was acknowledged before me this 16th day of June,2008,by Allen.Muirhead Jr
My commission expires August 29,2009. Witn smy hhaand and o cral seal.
.A• Mtn Pub C: ,
1 ,-
.` Poetic p
Pte,
File Number: 803109 29 7.009
No.932A-Warranty Deed MV Coma-natan ej9ues Aug
Page I of I
eRecorded in Weld County, CO Doc Id: 3561945
• 06/19/2008 02:a Receipt#: 7364464
Page: 1 of 7 Total Fee: $36.00
Steve Moreno, Clerk and Recorder
•
WHEN RECORDED MAIL TO:
FbsTier Bank-Interloaken
555 Eldorado Blvd Suite 100
Broomfield,CO 80021
FOR RECORDER'S USE ONLY
DEED OF TRUST
THIS DEED OF TRUST is dated June 16, 2008, among WILLIAM G. ASKEW, whose address is 962 5TH
ST, BERTHOUD, CO 80513 ("Grantor"); FirsTier Bank, whose address is Loveland Bank, 2695 Rocky
Mountain Ave Ste 110,Loveland, CO 80538(referred to below sometimes as"Lender" and sometimes as
"Beneficiary");and the Public Trustee of WELD County,Colorado(referred to below as"Trustee").
CONVEYANCE AND GRANT. For valuable consideration, Grantor hereby Irrevocably grants,transfers and assigns to Trustee for the
benefit of Lender as Beneficiary all of Grantor's right,title,and interest in and to the following described real property,together with
all existing or subsequently erected or affixed buildings,improvements and fixtures:all easements,rights of way,and appurtenances;
all water,water rights and ditch rights(Including stock in utilities with ditch or irigatlan rights);and all other rights,royalties,and
profits relating to the real property,including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real
Property")located In WELD County,State of Colorado:
PART OF THE SW 1/4 OF SECTION 33,TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6TH P.M.,
WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING
AT THE SOUTHWEST CORNER OF SAID SECTION 33 AND CONSIDERING THE WEST LINE AS
BEARING NORTH 00°00'00" EAST WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE NORTH 21°44'15" EAST, 81.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF--WAY LINE
OF COUNTY ROAD NO.17, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH
00°00'00" EAST, 182.01 FEET TO THE CENTERLINE OF THE MOSIER-WILLIAMS DITCH; THENCE
• ALONG SAID DITCH BY THE FOLLOWING TWO COURSES AND DISTANCES:SOUTH 84°01'32"EAST,
140.29 FEET;SOUTH 68'48'41" EAST,85.49 FEET TO THE APPROXIMATE WEST RIGHT-OFWAY OF
COUNTY ROAD;THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS IS 899149
FEET AND WHOSE LONG CHORD BEARS SOUTH 20°52'18" EAST; 194.38 FEET; THENCE ALONG
THE NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD 50, SOUTH 89°58'40" WEST, 246.07 FEET;
THENCE NORTH 43'10'27" WEST, 62.00 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF
WELD,STATE OF COLORADO
The Real Property or Its address is commonly known as 8029 WCR 50 ,JOHNSTOWN,CO 80534.
CROSS•COLLATERALRATION. In addition to the Note,this Deed of Trust secures all obligations,debts and liabilities,plus interest
thereon,of Grantor to Lender,or any one or more of them,as well as ell claims by Lender against Grantor or any one or mare of
them,whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note,whether voluntary or
otherwise,whether due or not due,threat or Indirect,determined or undetermined,absolute or contingent,liquidated ar unliquldated,
whether Grantor may be liable individually or jointly with others, whether obligated as guarantor,surety,accommodation party or
otherwise,and whether recovery upon such amounts may be or hereafter may become barred by any statute of Imitations, and
whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. and t in and to
s presently future
leases e Lender f (also known as Beneficiary
from In this
Proppeerty.Trust) dddion, Gra Grantor's
ntor grants 0 to Lmendersa UnRmm
at present rciand fute Interest
of the Property and Rents. a
Commercial Code security Interest hi the Personal Property
THIS DEED OF TRUST,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL
PROPERTY, IS GIVEN TO SECURE (A)
AND ALL
OBLIGATIONS UNDER THE NOTE,THE RELATED DOCUMENTS,AND THIS DEED F TRUST. PERFORMANCEANY
THIS DEED OF TRUST ISGIVEN AND
ACCEPTED ON THE FOLLOWING TERMS:
PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust,Grantor shall pay to Lender all amounts secured
by this Deed of Trust as they become due,and shall strictly and in a timely manner perform all of Grantor's obligations under the
Note,this Deed of Trust,and the Related Documents.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use or the Property shell be
governed by the fallowing provisions
Possession and Use. Until the occurrence of an Event of Default,faun r n Grantorents from(t)th remain Property.in possession and control of the
Property; (2) use,operate or manage the Property;and (3)
Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs,replacements,and
maintenance necessary to preserve its value.
Compliance With Environmental Laws, n olor represents a manufacture,
to,storage,
that (1) During o the period of Grantor's
seownership of of the Properly,there has been no r use,generation,about or from the
treatment,Grantor o hl, oa or threatenedof,or
release any that he Substance been, any t as pr on,s di, o from tck Property;wlge (2)Lender
has no knowledge re m
or reason to f that there nvi has except ) previously disclosed generation,
enr to and manufacture,
y treat in writing,di (a)l any breach
threatened
violation tee le any e Environmental ardol b, @) any use, on from the Property storage, treatment,ow disposal, release or
Property,
te(a)se of any Hazardous Substance n on,under,about or from the Property by any prior owners t or;and (3) of the
p previo or (c) any actual or threatened litigation or dolma of any kind by any person relating to such matters;and (3) Except
• as previously us r disclosed to and acknowledged. by Lender writing, (a) neither Grantor of or release any Hazardous nt,contractor,agent
Subsl Substance on,
authorized der,a user or of the Property r y; use. )generate,manufacture,store,conducted treat,dispose
and o,about from the Property,and (s any such activity shall be aon nWron M s. with all applicable k federal,state,
its
and local laws.regulations amt ordinances,Including without limitation all EnvironmeMel Laws. Grantor authorizes Lender and its
eRecorded in Weld County, CO Doc Id: 3561945
• 06/19/2008 02:S Receipt#: 7364464
Page: 2 of 7 Total Fee: $36.00
Steve Moreno, Clerk and Recorder
• DEED OF TRUST
Loan No: 2123 (Continued) Page 2
agents to enter upon the Property to make such inspections and lasts,at Grantor's expense,as Lender may deem appropriate to
determine compliance of the Properly with this section of the Deed of Trust. Any inspections or tests made by Lander shall be
for Lender's purposes only and shall not be construed to create any responsibility or liability on the pad of Lender to Grantor or to
any other person. The representations and warranties contained herein are based an Grantor's due diligence In investigating the
Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or
contribution in the event Grantor becomes liable for cleanup or other costs under any such laws;end (2) agrees to indemnify,
defend,and hold harmless Lender against any and all claims,losses,tisanes,damages,penalties,and expenses which Lender
may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any
use,generation,manufacture,storage,disposal,release or threatened release occtming prior to Grantor's ownership or Interest
it,the Properly,whether or not the sane was or should have been known to Grantor, The provisions of this section of the Deed
of Trust,including the obligation to indemnify and defend,shall survive the payment of the Indebtedness and the satisfaction end
reconveyence of the lien of Nis Deed of Trust and shall not be affected by Lender's acquisition of any Interest In the Property,
whether by foreclosure or otherwise.
Nuisance,Waste. Grantor sties not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or
waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing,Grantor will not
remove,or grant to any other party the right to remove,any timber,minerals(including at and gas),coal,clay,scoria,soil,gravel
or rock products without Lender's prior written consent.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's
prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements
satisfactory to Lander to replace such Improvements with Improvements of at east equal value.
Lender's Right to Enter. Lender and Lenders agents and representatives may enter upon the Real Property at all reasonable
times to attend to Lender's Interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and
conditions of this Deed of Trust.
Compliance with Governmental Requirements. Granter shall promptly comply with and laws,ordinances,and regulations,now or
hereafter hi effect,of all governmental authorities applicable to the use or occupancy of the Property,Including without limitation.
the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation end withhold
compliance during any proceeding,including appropriate appeals,so long es Grantor has notified Lender in writing prior to doing
so and so long as,In Lender's sole opinion,Lender's interests in the Property am not jeopardhed. Lender may require raptor to
post adequate security or a surety bond,reasonably satisfactory to Lender,to protect Lender's interest.
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts,in addition
to those acts set forth above in this section,which from the character and use of the Property are reasonably necessary to
protect and preserve the Property.
DUE ON SALE-CONSENT BY LENDER. Lender may,at Lander's option,declare immediately due and payable all sums secured by
this Deed of Trust upon the sale or transfer,without Lender's prior written consent, of all or any part of the Real Property, or any
interest in the Real Property. A"sale or hmsfer'means the conveyance of Real Property or any right, title or interest in the Real
Property;whether legal, benefic'ul or equitable;whether voluntary or involuntary; whether by outright sale, deed.Installment sale
contract,land coned,contract for deed,leasehold interest with a term greater than three(3)years,lease-option contract.or by sale,
assignment,or transfer of any beneficial merest In or to any land trust holding title to the Real Property,or by any other method of
conveyance of an interest in the Real Property. However,this option shall not be exerdaed by Lender if such exercise is prohibited by
federal law or by Colorado law.
TAXES AND MIENS The folbwtng provisions relating to the taxes and liens on the Property are part of this Deed of Trust:
Payment. Grantor shall pay when due (and in at events prior to delinquency)all taxes,special taxes,assessments, charges
(including water and sewer),files and impositions levied against or on account of the Property.and shell pay when due all claims
for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of all
tens having priority over or equal to the interest of Lender under this Deed of Trust,except for the lien of taxes and assessments
not due and except as otherwise provided in this Deed of Trust.
Right to Contest. Grantor may withhold payment of any tax,assessment,or claim in connection with a good faith dispute over
the obligation to pay,so long as Lender's interest in the Property is not jeopardized. If a lien arises or is Ned as a result of
nonpayment,Grantor shell within fifteen(15)days after the lien arises or,if a lien is filed,within fifteen(15)days atter Grantor
has notice of the filing, secure the discharge of the lien,or If requested by Lender, deposit with Lender cash or a sufficient
corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and
attorneys'lees,or other charges that could accrue as a result of a foreclosure or sale under the ten. In any contest,Grantor
shell defend Itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shal
name Lender as en additional obligee under any surety bond furnished in the contest proceedngs.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or
assessments and shall euthorhe the appropriate governmental official to deliver to Lender at any time a written statement or the
taxes and assessments against the Property.
Notice of construction. Grantor shall notify Lender at least fifteen(15)days before any work is otremenced,any services are
furnished,or any materials we supplied to the Property,If any mechanic's lien.materialmen's ten,or other lien could be asserted
an account of the work, services, or materials. Grantor will upon request of Lender furnish to Lander advance assurances
satisfactory to Lender that Grantor can end will pay the cost of such hnprovanents.
PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust.
Maintenance of Insurance. Grantor shall procure end maintain policies of fire insurance with standard extended coverage
endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount
sufficient to avoid application of any coinsurance clause,and with a standard mortgagee clause in favor of Lender. Grantor shall
also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with
Trustee and Lender being named as additional insureds in such liability insurance policies. Additionally,Grantor shell maintain
such other insurance,including but not limited to hazed,business interruption,and boiler insurance.as Lender may reasonably
require. Policies shell be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a
company or companies reasonably acceptable to Lender. Grantor, upon request of Lender,will deliver to Lender from time to
time the halides or certificates or insurance in form satisfactory to Lander, including stipulations that coverages will not be
cancelled or diminished without at least ten(10)days prior written notice to Lender. Each insurance policy also shall include en
endorsement providing that coverage in favor of Lender will not be impaired In any way by any act.omission or default of Grantor
or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency
Management Agency as a special flood hazard area,Grantor agrees to obtain end maintain Federal Flood Insurance,If available,
for the full unpaid principal balance of the loan and any prior liens on the property securing the loan,up to the maidnIum policy
limits set under the National Hood Insurance Program,or as otherwise required by Lender,and to maintain such insurance for the
term of the loan.
Application of Proceeds. Grantor shall promptly notify Lender of any loss or demand to the Property. Lender may make proof of
so with
in if Grantor fails to do so within fifteen(15)days of the casualty. Whether or not Lender's security is impaired,Lender may,
at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the
Indebtedness,payment of any tan affecting the Property,or the restoration and repair of the Property. If Lender elects to apply
eRecorded in Weld County, CO Doc Id: 3561945
• 06/19/2008 02:541 Receipt#: 7364464
Page: 3 of 7 Total Fee: $36.00
Steve Moreno, Clerk and Recorder
• Loan No:2 DEED OF TRUST
'123 (Continued) Page 3
the process to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner
satisfactory to Lender'. Lender shall,upon satisfactory proof of such expenditure,pay or reimburse Grantor from the proceeds for
the reasonable cost of repair or restoration if Grantor is not in default under.this Deed of TrusL Any proceeds which have not
been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the
Properly shall be used first to pay any amount owing to Lender under this Deed of Trust,then to pay accrued interest,and the
remainder,if any,shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in lull
of the Indebtedness,such proceeds shall be paid to Grantor as Grantor's interests may appear.
Grantor's Report on Insurance. Upon request of Lender,however not more than once a year,Grantor shall furnish to Lender a
report on each existing pommy of Insurance showing: (1) the name of the insurer, (2) the risks Insured; (3) the amount of the
policy; (4) the property Insured,the then current replacement value of such property,and the manner of determining that value;
and (5) the expiration date of the policy. Grantor shall,upon request of Lender,have an independent appraiser satisfactory to
Lender determine the cash value replacement cost of the Property.
LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or
if Grantor fells to comply with any provision of this Deed of Trust or any Related Documents,including but not limited to Grantor's
failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Deed of Trust or any Related
Documents,Lender an Grantor's behalf may(but shall not be obligated to)take any action that Lender deems appropriate,including
but not limited to discharging or paying et taxes,liens,security interests.encumbrances and other claims,at any time levied or placed
on the Property and paying all costs for Insuring,maintaining end preserving the Property. All such expenditures incurred or paid by
Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the
dale of repayment by Grantor. All such expenses will become a pan of the Indebtedness and,at Lender's option,will (A) be payable
on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any Instalment payments to
become due during either (1) the term of any applicable insurance policy,or (2) the remaining term of the Note;or (C) be treated The Deed of Trust also will secure amounts.as a Suchyrighthtt which shall be in laddn due
onn to all othherriights the
aidNote's
remedlesatodwhich Lender may be entitled upon Defauleyment of these
WARRANTY;DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust
Title. Grantor warrants that: (a)Grantor holds good and marketable title of record to the Property in fee simple,free and deer of
all liens and encumbrances other than those set forth in the Real Property description or in any title Insurance policy,title report,
or final title opinion issued In favor of,and accepted by.Lender in connection with this Dead of Trust,and (b)Grantor has the
full right,power,and authority to execute and deliver this Deed of Trust to Lander.
Defense of Title. Subject to the exception in the paragraph above. Grantor warrants and will forever defend the title to the
Properly against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's
title or the interest of Trustee or Lender under this Deed of Trust,Grantor shall defend the action at Grantor's expense. Grantor
may be the nominal party in such proceeding,but Lander shall be entitled to participate in the proceeding and to be represented in
the proceeding by counsel of Lender's own deice,and Grantor will deliver,or cause to be delivered,to Lender such Instruments
as Lender may request from time to time to permit such participation.
Compton With Laws. Grantor warrants that the Property end Grantor's use of the Property complies with all existing
• applicable laws,ordinances,and regulations of governmental authorities.
Survival of Representations and Warranties. All representations,warranties,and agreements made by Grantor In this Deed of
Trust shall survive the execution and delivery of this Deed or Trust,shell be continuing in nature,and shall remain in full force and
effect until such time as Granter's Indebtedness shall be paid in full.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust
Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor that
promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in
such proceeding,but Lender shall be entitled to participate to the proceeding and to be represented in the proceeding by counsel
of its own choice,and Grantor will delver or cause to be delivers to Lender such instruments and documentation as may be
requested by Lender from time to time to permit such Participation.
Application of Net Proceeds. If all or any pan of the Property is condemned by eminent domain proceedings or by any proceeding
or purchase in lieu of condemnation,Lender may at its election require that at or any portion of the net proceeds of the award be
applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award
after payment of all reasonable costs, expenses, and attorneys'fees Incurred by Trustee or Lender In connection with the
condemnation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to
governmental taxes,fees and charges area part of this Deed of Trust:
Current Taxes,Fees and Charges. Upon request by Lender,Grantor shell execute such documents In addition to this Deed of
Trust and take whatever other action is requested by lender to perfect and continue Lender's Ilen on the Real Property. Grantor
shall reimburse Lender for all taxes,as deserted below,together with all expenses Incurred In recording,perfecting or continuing
this Deed of Trust,including without limitation all taxes,fees,documentary stamps,and other charges for recording or registering
this Deed of Dust.
Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or
upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Grantor which Grantor is
authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this
type of Deed of Trust chargeable against the Lender or the holder of the Note;and (4) a specific tax on all or any portion of the
Indebtedness or on payments of principal end interest made by Grantor.
Subsequent the Taxes.m If c tax to which section apples Is enacted rci subseq
uent the dale of this Deed of Trust,this event
shall have same effect as an Event of Default,and Lender may exercise any or all of Its available remedies for an Event of
provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax es
provide as pm
provided above in the Taxes and Liens section and deposits with Lender cash car a sul(mienl corporate surety bond car o er
security satisfactory to Lender.
SECURITY AGREEMENT;FINANCING STATEMENTS. The following provisions relating to this Deed of Trust ass security agreement
area part of this Deed of Trust:
Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures,
and Lender shall have all of the rights of a secured patty under the Uniform Commercial Code as amended from time to lime.
Security Interest. Upon request by Lender,Grantor shall take whatever action is requested by Lender to perfect end continue
Landers security Interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property
records. Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or
• reproductions of this Deed of Trust as a financing statement. Granter shell reimburse Lander for all expenses incurred in
perfecting or continuing this security interest. Upon default,Grantor shall net remove, sever or detach the a Personal
r Prope�
from the Property. Upon default,Grantor shall assemble any Personal Property not affixed to the Property in receipt man of end
written
t
place reasonably convenient to Grantor and Lender end make it available to Lander within three(3)days
demand from Lender to the extent permitted by applicable law.
eRecorded in Weld County, CO Doc Id: 3561945
• 06/19/2008 02:59 Receipt#: 7364464
Page: 4 of 7 Total Fee: $36.00
Steve Moreno, Clerk and Recorder
• DEED OF TRUST
Loan No: 2123 (Continued) Page 4
Addresses. The matting addresses of Grantor(debtor)and Lender(secured party)from which information concerning the security
interest granted by this Deed of Trust may be obtained(each as required by the Uniform Commercial Code)are as stated on the
that page of this Deed of Trust.
FURTHER ASSURANCES;ATTORNERIWFACT. The following provisions relating to further assurances and attorney-in-fact are a pad
of this Deed of Trust,
Further Assurances. At any time,and from time to time.upon request of Lender,Grantor will make,execute and deliver,or will
cause to be made,executed or delivered,to Lender or to Lender's designee,and when requested by Lender.cause to be filed,
recorded, retied, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem
appropriate,any and all such mortgages,deeds of trust security deeds,security agreements,financing statements,continuation
statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be
necessary or desirable in order to effectuate,complete,perfect,continue,or preserve (1) Grantor's obligations under the Note,
this Deed of Trust,and the Related Documents,end (2) the liens end security Interests created by this Deed of Trust as first
and prior liens on the Property,whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees
to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters
referred to In this paragraph.
Attorney-in-Fact If Grantor falls to do any of the things referred to in the preceding paragraph,Lender may do so for and In the
name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lander as Grantor's
attorney-in-fact for the purpose of making,executing,delivering,filing,recording,and doing all other things as may be necessary
or desirable,in Lenders sole opinion,to accomplish the matters referred to in the preceding paragraph.
FULL PERFORMANCE. Upon the full performance of all the obligations under the Note and this Deed of Trust,Trustee may.upon
production of documents and fees as.required under applicable law,release this Deed of Trust, and such release shell constitute a
release of the lien for all such additional sums and expenditures made pursuant to this Deed of Trust. Lender agrees to cooperate
with Grantor in obtaining such release and releasing the other collateral securing the Indebtedness. Any release fees required by law
shall be paid by Grantor,if permitted by applicable law.
EVENTS OF DEFAULT. Each of the following,at Lender's option,shall constitute an Event of Default under this Deed of Truss
Payment Default. Grantor falls to make any payment when due under the indebtedness.
Other Defaults. Grantor halls to comply with or to perform any other tens, obligation,covenant or condition contained in this
Deed of Trust or In any of the Related Documents or to comply with or to perform any torn,obligation,covenant or condition
contained in any other agreement between Lender and Grantor.
Compliance Default. Failure to comply with any other term,obligation.covenant or condition contained in this Deed of Trust,the
Note or m any of the Related Documents.
Default on Other Payments- Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or
Insurance,or any other payment necessary to prevent filing of or to effect discharge of any lien.
Default in Favor of Third Parties. Should Grantor default under any loan,extension of credit,security agreement,purchase or
• sales agreement,or any other agreement,in favor of any other creditor or person that may materially affect any of Grantor's
property or Grantors ability to repay the indebtedness or perform their respective obligations under this Deed of Trust or any of
the Related Documents.
False Statements. Any warranty,representation or statement made or furnished to tender by Grantor or on Grantor's behalf
under this Deed of Trust or the Related Documents is false or misleading In any material respect,either now or at the lime made
or furnished or becomes false or misleading et any time thereafter.
Defective Callateraltzatlon. This Deed of Trust or any of the Related Documents ceases to be in full force and effect(including
failure of any collateral doe meet to create a valid and perfected security interest or lien)at any time and for any reason.
Death or Insolvency. The death of Grantor,the insolvency of Grantor,the appointment of a receiver for any part of Grantor's
property,any assignment for the benefit of creditors,any type of creditor workout,or the commencement of any proceeding
under any bankruptcy or insolvency taws by or against Grantor.
Creditor or Forfeiture Proceedings, Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding,
self-help.repossession or any other method, by any creditor of Grantor or by any governmental agency against any property
securing the Indebtedness. This includes a garnishment of any of Grantor's accounts,including deposit accounts,with Lender.
However,this Event of Default shall not apply If there is a good faith dispute by Grantor as to the validity or reasonableness of
the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or
forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding,in en amount
determined by Lender,in its sole discretion,as being an adequate reserve or bond for the dispute.
Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is
not remedied within any grace period provided therein,including without limitation any agreement concerning any indebtedness or
other obligation of Grantor to Lender,whether existing now or later.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surely, or
accommodation party of any of the indebtedness or any guarantor,endorser,surety,or accommodation party dies or becomes
incompetent,or revokes or disputes the validity of,or liability under,any Guaranty of the Indebtedness.
Adverse Change. A material adverse change occurs in Grantor's financial condition,or Lender believes the prospect of payment
or performance of the Indebtedness Is Impaired.
Right to Curt If any default other than a default in payment is curable and if Grantor has not been given a notice of a breach of
the same provision of this Deed of Trust within the preceding twelve(12)months, it may be cured if Grantor,after receiving
written notice torn Lender demanding cure of such default (1) cures the default within twenty(20)days;or (2) If the cure
requires more than twenty(20)days,immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient
to cure the default and thereafter continues and completes a9 reasonable and necessary steps sufficient to produce compliance
as soon as reasonably practical.
RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust,al any lime thereafter.Trustee or
Lender may exercise any one or more of the following rights and remedies:
Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy,and an election to
make expenditures or to take action to perform an obligation of Grantor tinder this Deed of Trust, after Grantor's failure to
perform,shall not affect Lender's right to declare a default and exercise its remedies.
Accelerate Indebtedness. Lender shall have the right at its option without notice to Grantor to declare the entire indebtedness
immediately due and payable,including any prepayment penalty which Grantor would be required to pay.
• Foreclosure. Lender shall have the right to cause at or eny part of the Real Property,and Personal Property,if Lender decides to
proceed against It as if it were real property,to be sold by the Trustee according to the laws of the State of Colorado as respects
foreclosures against real property. The Trustee shall give notice in accordance with the laws of Colorado. The Trustee shall
apply the proceeds of the sale in the following order (a) to all coats and expenses of the sale. Including but not limited to
Trustee's fees,attorneys'fees,and the cost of title evidence; (b)to all sums secured by this Deed of Trust;and (c)the excess,
eRecorded in Weld County, CO Doc Id: 3561945
• 05/19/2008 02:5• Receipt#: 7364464
Page: 5 of 7 Total Fee: $36.00
Steve Moreno, Clerk and Recorder
• DEED OF TRUST
Loan No:2123 (Continued) Page 5
if any,to the person or persons legally entitled to the excess.
UCC Remedies. With respect to all or any part of the Personal Property. Lender shall have all the rights and remedies or a
secured party under the Uniform Commercial Code.
Collect Rents. Lender shall have the tight,without notice to Grantor to take possession of end manage the Property end collect
the Rents, Including amounts past due and unpaid, and apply the net proceeds. over and above Lender's costs, against the
Indebtedness. In furtherance of this right,Lender may require arty tenant or other user of the Property to make payments of rent
or use fees directly to Lender. If the Rents are collected by Lender,then Grantor Irrevocably designates Lender es Grantor's
adomey-in-fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect
the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for
which the payments are merle,whether or not any proper grounds for the demand existed. Lander may exercise Its rights under
this subparagraph either In person,by agent,or through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property.
with the power to protect and preserve the Property,to operate the Property preceding foreclosure or sale,and to collect the
Rents from the Property and apply the proceeds,over end above the cost of the receivership,against the Indebtedness. The
receiver may serve without bond If permitted by law, Lender's right to the appointment of a receiver shall exist whether or not
the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify
a parson from serving as a receiver. Receiver may be appointed by a court of competent jurisdiction upon ex parte application
and without notice,notice bang expressly waived.
Tenancy at Sufferance. If Grantor remains In possession of the Property after the Property is sold as provided above or Lender
otherwise becomes entitled to possession of the Property upon default of Grantor,Grantor shell become a tenant at sufferance of
Lender or the purchaser of the Property and shall,at Lender's option, ether (1) pay a reasonable rental for the use of the
Property,or (2) vacate the Property immediately upon the demand of Lender.
Other Remedies. Trustee or Lender shad have any other right or remedy provided in this Deed of Trust or the Note or available al
law or in equity.
Sale of the Property. In exercising its rights and remedies.Lender shall be free to designate an or before it files a notice of
election and demand with ate Trustee,that the Trustee sell ell or any part of the Property together or separately,in one safe or by
separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Upon any sale of the
Property,whether made under a power of sale granted in this Deed of Trust or pursuant to judicial proceedings,if the holder of
the Note is a purchaser et such sale, it shall be entitled to use and apply ell, or any portion of. the Indebtedness for or in
settlement or payment of all,or any portion of,the purchase price of the Property purchased, and.in such case,this Deed of
Trust, the Note,and any documents evidencing expenditures secured by this Deed of Trust shall be presented to the person
conducting the sale in order that the amount of Indebtedness so used or applied may be credited thereon as having been paid.
Attorneys'Fees;Expanses. If Lender forecloses or Institutes any suit or action to enforce any of the terms of this Deed of Trust,
Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys'teas et trial and upon any appeal.
Whether or not any court action is involved,and to the extent not prohibited by law,all reasonable expenses Lender Mars that in
. Lender's opinion are necessary at any time far the protection of its interest or the enlo,Ian mut of its rights she become a part of
the Indebtedness payable on demand and shall bear Interest at the Note rate from the date of the expenditure until repaid.
Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lenders
attorneys'fees whether or not there is a lawsuit,including attorneys'fees and expenses for bankruptcy proceedings(including
efforts to modify or vacate any automatic stay or injunction),appeals,and any anticipated post-judgment collection services,the
cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title
Insurance,and fees for the Trustee,to the extent pemeted by applicable law. Grantor also will pay any court costs,In addition
to all other sums provided by law.
Rights of Trustee. To the extent permitted by applicable law,Trustee shall have all of the rights and duties of Lender as set forth
in this section.
NOTICES. Any notice required to be given under this Deed of Trust,including without imitation any notice of default and any notice
of sale shall be given in writing, and shad be effective when actually delivered. when atsuaSy received by telefacsdnile (unless
otherwise required by law),when deposited with a nationally recognized overnight courier,or.If mailed,when deposited in the United
States mail,as rant class, certified or registered mall postage prepaid, directed to the addresses shown near the beginning of this
Deed of Trust_ All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent
to Lenders address.as shown near The beginning of this Deed of Trust. Any party may change its address for notices under this
Deed of Trust by giving formal written notice to the other parties,specifying that the purpose of the notice is to change the party's
address. For notice purposes,Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise
provided or required by law,if there is more than one Grantor,any notice given by Lender to any Grantor Is deemed to be notice given
to all Grantors.
MISCELLANEOUS PROVISIONS The following miscellaneous provisions area part of this Deed of Trust
Amendments. This Deed of That,together with any Related Documents,constitutes the entire understanding end agreement of
the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be
effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or
amendment.
Annual Reports. If the Property is used far purposes other than Grantor's residence, Grantor shall furnish to Lender, upon
request,a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such
fans and detail as Lender shall require. 'Net operating income'shag mean all cash receipts from the Property less all cash
expenditures made in connection with the operation of the Property.
Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to Interpret
or define the provisions of this Deed of Trust.
Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate In the
Property at any time held by or for the benefit of Lender In any capacity,without the written consent of Lender.
Govemng Law. This Deed of Trust will be governed by federal law applicable to Lender and,to the extent not preempted by
federal law,the laws of the State of Colorado without regard to its conflicts of law previsions. This Deed of Trust has been
accepted by Lender in the State of Colorado.
Choice of Venue. If there is a lawsuit.Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Latimer
County,State of Colorado.
No Waiver by Lender. Lander shell not be deemed to have waived any rights under the Deed of Trust unless such waiver is
given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a
• waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a
waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust.
No prior waiver by Lender,nor any course of dealing between Lender and Grantor,shell constitute a waiver of any of Lenders
rights or of any of Grantor's obligations as to arty future transactions. Whenever the consent of Lender is required under this
Deed of Trust, the granting of such consent by Lander in any instance shall not constitute continuing consent to subsequent
eRecorded in Weld County, CO Doc Id: 3561945
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Page: 6 of 7 Total Fee: $36.00
Steve Moreno, Clerk and Recorder
• DEED OF TRUST
Loan No:2123 (Continued) Page 6
instances inhere such consent is required and In all cases such consent may be granted or withheld in the sole discretion of
Lender.
Severabllity. If a court of competent jurisdiction finds any provision of this Deed of Trust to be Illegal,invalid,or unenforceable as
to any circumstance, that finding shall not make the offending provision illegal. invalid, or unenforceable as to any other
circumstance. If feasible,the offending provision shall be considered modified so that it becomes legal,valid and enforceable. If
the offending provision cannot be so modified,it shall be considered deleted from this Deed of Trust. Unless otherwise required
by law,the illegality,invalidity,or unenforceabaty of any provision of this Deed of Trust shall not affect the legality,validity or
enforceability of any other provision of this Deed of Trust.
Successors and Assigns. Subject to any limitations stated In this Deed of Trust on transfer of Grantor's interest,this Deed of
Trust shall be binding upon and inure to the benefit of the parties,their successors and assigns. If ownership of the Property
becomes vested in a person other than Grantor,Lender,without notice to Grantor, may deal with Grantor's successors with
reference to this Deed of Trust and the indebtedness by way of forbearance or extension without releasing Grantor from the
obligations of this Deed of Trust or liability under the indebtedness.
Time is of the Essence. Time is of the essence in the performance of this Deed of Trust.
Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial In any action,proceeding,or counterclaim
brought by any party against any other party.
Waiver of Homestead Exemption. Grantor hereby releases end waives all rights end benefits of the homestead exemption laws of
the State of Colorado as to all Indebtedness secured by this Deed of Trust.
DEFINITIONS. The following capitalized words and teens shall have the following meanings when used in this Deed of Trust Unless
specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United Sales of
America. Wards and terms used in the singular shell Include the plural.and the plural shall include the singular,as the context may
require. Words and terns not otherwise defined in this Deed of Trust shall base the meanings attributed to such terns in the Uniform
Commercial Code:
Beneficiary. The word"Beneficiary'means Ranier Bank,and its successors and assigns.
Borrower. The word'Borrower'means WILLIAM G.ASKEW and includes all co-signers and co-makers signing the Nob and all
their successors end assigns.
Deed of Trust. The words"Deed of Trust"mean this Deed of Trost among Grantor,Lender,and Trustee,and includes without
limitation all assignment and security interest provisions relating to the Personal Property and Rents.
Default The word'Default'means the Delautt set forth in this Deed of Trust in the section titled'Default".
Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations end
ordinances raising to the protection of human health or the environment, including without limitation the Comprehensive
Environmental Response,Compensation,and Liability Act of 1980,as amended.42 U.S.C.Section 9601,et seq.("cERCLA'),
the Superfud Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA'), the Hazardous Materials
Transportation Act,49 U.S.C.Section 1801,et seq.,the Resource Conservation end Recovery AG,42 U.S.C.Section 6901,et
•
seq.,or other applicable state or federal laws,rules,or regulations adapted pursuant thereto.
Event of Default. The words"Event of Default"mean any of the events of default set forth in this Deed of Trust in the events of
default section of this Deed of Trust
Grantor. The word"Grantor"means WILLIAM G.ASKEW.
Guaranty. The word 'Guaranty' means the guaranty from guarantor, endorser, surety, or accommodation party to Lender,
including without limitation a guaranty of all or part of the Note.
Hazardous&tetaneas. The words-Hazardous Substances'mean materials that,because of their quantity,concentration or
physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the
environment when improperly used, treated, stored,disposed of, generated, manufactured,transported or otherwise handled.
The words"Hazardous Substances"are used in their very broadest sense and include without limitation any and all hazardous or
toxic substances,materials or waste as defined by or listed under the Environmental Laws. The term"Hazardous Substances"
also includes,without limitation,petroleum and petroleum by-products or any fraction thereof and asbestos.
Improvements. The word Improvements' means all existing and future improvements, buildings, structures, mobile homes
affixed on the Real Property,facilities.additions,replacements and other construction on the Real Property.
Indebtedness. The ward"Indebtedness"means all principal,interest,and other amounts,costs and expenses payable under the
Note or Related Documents,together with all renewals of,extensions of,modlfaztians of,consolidations of and substitutions for
the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses
incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust,together with interest on such amounts
as provided in this Deed of Trust. Specifically, without limitation, Indebtedness includes all amounts that may be indirectly
secured by the Cross-Coaatealizallon provision of this Deed of Trust_
Lender. The word lender means FrrsTier Bank,Its successors and assigns.
Note. The word 'Note' means the promissory note dated June 16, 2008, in the original principal amount of
$201,375.00 from Grantor to Lander, together with all renewals of, extensions of, modifications of, refinancings of,
caeofidations of. and substitutions for the promissory note or agreement. NOTICE TO GRANTOR: THE NOTE CONTAINS A
VARIABLE INTEREST RATE.
Personal Property. The words'Personal Property"mean all equipment,fixtures,and other articles of personal property now or
a hereafter owned by Grantor, d now or hereafter attached or affixed to the Real Property,together with all accessions,pads,
and additions to, as replacements of, and all substitutions for,any of such property;end together with all proceeds(including
without limitation all insurance proceeds and refunds of premiums)from any sale or other disposition of the Property.
Property. The word"Property"means collectively the Real Property and the Personal Property.
Real Property. The words"Reel Property"mean the real property,Interests and rights,as further described hi this Deed of Trust.
Related Documents. The words "Related Documents' mean ail promissory notes, credit agreements, ban agreements,
environmental agreements,guaranties,security agreements,mortgages,deeds of trust,security deeds,collateral mortgages,end
all other instruments, agreements and documents, whether now or hereafter existing. executed in connection with the
Indebtedness.
Rants. The word 'Rents'means all present and future rents, revenues,income.Issues,royalties, profits,and other benefits
derived from the Property.
Trustee. The word'Trustee'means the Public Trustee of WELD County,Colorado.
eRecorded in Weld County, CO Doc Id: 3561945
• 06/19/2008 02:5a Receipt#: 7364464
Page: 7 of 7 Total Fee: $36.00
Steve Moreno, Clerk and Recorder
• DEED OF TRUST
Login No:2123 (Continued) Page 7
GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST. AND GRANTOR AGREES TO ITS
TERMS.
GRANTOR:
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STATE OF ""`r'•`��
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COUNTY OF
On this day before me,the undersigned Notary Public,personally appeared WILLIAM G.ASKEW,to me known to be the individual
described In and who executed the Deed of Trust,and acknowledged that he or she signed the Deed of Trust as his or her free and
voluntary ac and deed,for the uses and purposes thp(r�el/�p1e—ntioned.
Given under hand ando I seal is /1 It day of csj.1.4.441
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Notary Public in an or the tate of L�L11I0Y�'1'' My commission expires 424!ZJ?+_1
LASER PRO Lending, Ver. 5.40.00.003 Cour. Harland Financial Solutions, Inc. 1997, 2008. All Rights Reserved. - CO
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•
eRecorded in Weld County, CO Doc Id: 3561946
• 06/19/2008 02:50 Receipt#: 7364465
Page: 1 of 4 Total Fee: $21 .00
Steve Moreno, Clerk and Recorder
S
WHEN RECORDED MAIL TO:
Frillier Bank-Inferloeken
555 Eldorado Blvd,Suite 100
Broomaeld,CO 80021
FOR RECORDER'S USE.ONLY
ASSIGNMENT OF RENTS
THIS ASSIGNMENT OF RENTS dated June 16, 2008,is made and executed between WILLIAM G.ASKEW,
whose address is 962 5TH ST, BERTHOUD,CO 80513(referred to below as"Grantor")and FirsTier Bank,
whose address is 2695 Rocky Mountain Ave Ste 110, Loveland, CO 80538 (referred to below as
"Lender").
ASSIGNMENT. For valuable consideration,Grantor hereby assigns,grants a continuing security interest in,
and conveys to Lender all of Grantor's right, title, and interest in and to the Rents from the following
described Property located In WELD County,State of Colorado:
PART OF THE SW 1/4 OF SECTION 33, TOWNSHIP 5 NORTH, RANGE 67 WEST OF THE 6TH P.M.,
WELD COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING
AT THE SOUTHWEST CORNER OF SAID SECTION 33 AND CONSIDERING THE WEST LINE AS
BEARING NORTH 00°00'00" EAST WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE NORTH 21°44'15" EAST, 81.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE
OF COUNTY ROAD NO.17, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH
00°OD'00" EAST, 182.01 FEET TO THE CENTERLINE OF THE MOSIER-WILLIAMS DITCH; THENCE
ALONG SAID DITCH BY THE FOLLOWING TWO COURSES AND DISTANCES:SOUTH 84°01'32"EAST,
140.29 FEET;SOUTH 68°48'41"EAST, 85.49 FEET TO THE APPROXIMATE WEST RIGHT-OF-WAY OF
COUNTY ROAD; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS IS 899/49
FEET AND WHOSE LONG CHORD BEARS SOUTH 20'52'18" EAST; 194.38 FEET; THENCE ALONG
THE NORTH RIGHT.OF-WAY LINE OF COUNTY ROAD 50, SOUTH 89°58'40" WEST, 246.07 FEET;
THENCE NORTH 43°10'27" WEST, 62.00 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF
WELD,STATE OF COLORADO
The Property or its address Is commonly known as 8029 WCR 50,JOHNSTOWN, CO 80534.
CROSS-COLLATERALGATION. In addition to the Note, this Assignment secures all obligations, debts end IlabllUfes, plus interest
thereon,of Grantor to Lender,or any one or mom of them,as weft as all claims by Lender against Grantor or any one or more of
them,whether now existing or hereafter arising,whetter related or unrelated to the purpose of the Note,whether voluntary or
otherwise,whether due or not due,direct or indirect,determined or undetermined.absolute or contingent,liquidated or unliguldated,
whether Grantor may be table IndMdually or jointly with others,whether obligated as guarantor, surety, accommodation party or
otherwise. end whether recovery upon such amounts may be or hereafter may became barred by any statute of limitations,and
whether the obligation to repay such amounts may be or hereafter may became otherwise unenforceable.
THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL
OBLIGATIONS OF GRANTOR UNDER THE NOTE,THIS ASSIGNMENT,AND THE RELATED DOCUMENTS. THIS ASSIGNMENT IS
GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
PAYMENT AND PERFORMANCE Except as otherwise provided in this Assignment or any Related Documents.Grantor shall pay to
Lender all amounts secured by this Assignment es they become due.and shall strictly perform all of Grantor's obligations under this
Assignment Unless and until Lender exercises as right to collect the Rents as provided below and so long es there is no default
under this Assignment,Grantor may remain In possession and control of and operate and manage the Property and collect the Rents,
provided that the granting of the right to collect the Rents shall not constitute Lenders consent to the use of cash collateral In a
bankruptcy proceeding.
GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that
Ownership. Grantor is entitled to receive the Rents free and clear of all rights,loans,Sens,encumbrances,and claims except as
disclosed to and accepted by Lender in writing.
Right to Assign. Grantor has the full right,power and authority to enter into this Assignment and to assign and convey the Rents
to Lender.
No Prior Assignment. Grantor has not previously assigned or conveyed the Rents to any other person by any instrument now in
force.
No Further Transfer. Grantor will not sell,assign,encumber,or otherwise dispose of any or Grantors rights to the Rents except
as provided In this Assignment.
LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS. Lender shall have the right at any time,and even though no default shall have
occurred under this Assignment,to collect and receive the Rents. For this purpose,Lender is hereby given and granted the following
rights.powers and authority:
Notice to Tenants. Lender may send notices to any and all tenants of the Properly advising them of this Assignment and
directing all Rents to be paid directly to Lander or Lenders agent.
• Enter the Property. Lender may enter upon and take possession of the Property;demand,collect and receive from the tenants or
from any other persons liable therefor,all of the Rents;institute and catty on all legal proceedings necessary for the protection of
the Property, Including such proceedings as may be necessary lo recover possession of the Property: soled the Rents and
remove any tenant or tenants or other persons from the Property_
Maintainthe Property. Lender may enter upon the Property to maintain the Property and keep the same in repair,to pay the
eRecorded in Weld County, CO Doc Id: 3561946
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Steve Moreno, Clerk and Recorder
• ASSIGNMENT OF RENTS
Loan NO:2123 (Continued) Page 2
costs thereof and of all services of all employees. including their equipment. and of at continuing costs and expenses of
maintaining the Property in proper repair and condition, and also to pay all taxes, assessments and water utilities, and the
premiums on fire and other insurance effected by Lender on the Property.
Compliance with Laws. Lender may do any and all things to execute and comply with the laws of the State of Colorado and also
all other laws,rules,orders,ordinances and requirements of all other governmental agencies affecting the Property.
Lease the Property. Lender may rent or lease the whole or any part of the Property for such term or tense and on such
conditions es Lender may deem appropriate.
Employ Agents. Lender may engage such agent or agents as Lender may deem appropriate, either in Lenders name or in
Grantor's name,to rent and manage the Property,including the collection and application of Rents.
Other Acts. Lender may do all such other things end acts with respect to the Property as Lender may deem appropriate and may
act exclusively and solely In the place and stead of Grantor and to have all of the powers of Grantor for the purposes stated
above.
No Requirement to Act. Lender shalt not be required to do any of the foregoing ads or things,and the fact that Lender shall have
performed one or more of the foregoing acts or things shall not require Lender to do any other specific act or thing.
APPLICATION OF RENTS. All cents and expenses Incurred by Lender in connection with the Property shall be for Grantor's account
and Lender may pay such costs end expenses from the Rents. Lender,in Its sole discretion,shall deterrnine the application of any and
all Rents received by it;however,any such Rents received by Lender which are not applied to such costs and expenses shall be
applied to the Indebtedness. All expenditures made by Lender under this Assignment end not reimbursed from the Rents shall become
part of the indebtedness secured by this Assignment,and shall be payable on demand,vnth Interest at the Note rale from date of
expenditure until paid.
FULL PERFORMANCE If Grantor pays all of the indebtedness when due and otherwise performs all the obligations imposed upon
Grantor under this Assignment, the Note, and the Related Documents, Lender shall execute and deliver to Grantor e suitable
satisfaction of this Assignment and suitable statements of tanninatlon of any financing statement on tote evidencing Lender's security
interest in the Rents and the Property. My termination fee required by law shall be paid by Grantor,If pemetted by applicable law.
LENDER'S EXPENDIRIRES. If any action or proceeding is commenced that would materially affect Lenders interest in the Property or
if Grantor fails to comply with any provision of this Assignment or any Related Documents, Including but not limited to Grantor's
failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Assignment or any Rotated
Documents,Lender on Grantor's behalf may(but shell not be obligated to)take any action that Lender deems appropriate,including
but not limited to discharging or paying all taxes,liens,security interests,encumbrances and other claims,at any time levied or placed
on the Rents or the Property and paying all costs for Insuring,maintaining and preserving the Property. All such expenditures incurred
or paid by Lender for such purposes will then bear Interest at the rate charged under the Note from the date incurred or paid by Lender
to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and,at Lenders option,will (A) be
payable an demand; (8) be added to the balance of the Note and be apportioned among and be payable with any installment
payments to become due during either (1) the term of any applicable insurance policy;or (2) the remaining term of the Note;or (C)
be treated as a balloon payment which will be due and payable at the Note's maturity. The Assignment also will secure payment of
• these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default.
DEFAULT. Each of the following,at Lenders option,shall constitute an Event of Default under this Assignment:
Payment Default. Grantor fella to make any payment when due under the Indebtedness.
Other Defaults. Grantor fails to comply with or to perform any other term,obligation,covenant or condition contained in this
Assignment or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition
contained in any other agreement between Lender and Grantor.
Default on Other Payments. Failure of Grantor within the time required by this Assignment to make any payment for taxes or
Insurance,or any other payment necessary to prevent filing of or to effect discharge of any lien.
Default in Favor of Third Parties. Grantor defaults under any loan, extension of credit,security agreement,purchase or sates
agreement,or any other agreement,in favor of any other creditor or parson that may materially affect any of Grantor's property
or ability to perform Grantor's obligations under this Assignment or any of the Related Documents.
False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf
under this Assignment or the Related Documents Is false or misleading in any material respect,either now or at the time made or
furnished or becomes false or misleading et any time thereafter.
Defective eollaterallzadan. This Assignment or any of the Related Documents ceases to be in full force and effect(including
failure of any collateral document to create a valid and perfected security interest or lien)at any time and for any reason.
Death or Insolvency. The death of Grantor,the insolvency of Grantor,the appointment of a receiver for any part of Grantors
property,any assignment for the benefit of creditors,any type of creditor workout,or the commencement of any proceeding
under any bankruptcy or insolvency laws by or against Grantor.
Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedngs, whether by judicial proceeding,
self-help,repossession or any other method,by any creditor of Grantor or by any governmental agency against the Rents or any
properly securing the Indebtedness. This Includes a garnishment of any of Grantor's accounts,including deposit accounts.with
Lender. However. this Event of Default shall not apply If there Is a good faith dispute by Grantor as to the validity or
reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice
of me creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding,
in en amount determined by Lender,in its sole discretion,as being an adequate reserve or bond for the dispute.
Property Damage or Loss. The Property Is lost,stolen,substantially damaged,sold,or borrowed against.
Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or
accommodation party of any of the Indebtedness or any guarantor,endorser,surety,or accommodation party dies or becomes
incompetent,or revokes or disputes the validity of,or liability under,any Guaranty of the Indebtedness.
Adverse Change. A material adverse change occurs In Grantor's financial condition,or Lander believes the prospect of payment
or performance of the Indebtedness is Impaired.
Cure Previsions. If any default,other than a default In payment Is curable and if Grantor has not been given a notice
of receiving
of the same provision of this Assignment within the preceding tw after bivalve(12)months,it may be cured if Grantor,
written notice from Lender demanding cure of such default (1) cures the default within twenty(20)days;or (2) If the cure
requires more Man tion to be sufficient
to one the default and thereafter cconl continues 20)days,immediately od initiates
mcomptetes all reasonable ps l and ch rnecessary ms in s eps sufficientder's sole stoep produce compliance
as soon as reasonably practical.
• RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter.Lender may exercise
any one or more of the following rights and remedies,in addition to any other rights or remedies provided by law:
Immediately due and payable,including an any penalty that Grantor would tbe required i to pay.declare the entire Indebtedness
eRecorded in Weld County, CO Doc Id: 3561946
• 06/19/2008 02: Receipt#: 7364465
Page: 3 of 4 Total Fee: $21.00
Steve Moreno, Clerk and Recorder
• ASSIGNMENT OF RENTS
Loan No:2123 (Continued) Page 3
Collect Rents. Lender shall have the right,without notice to Grantor.to take possession of the Properly and collect the Rents,
including amounts past due and unpaid,and apply the net proceeds,over and above Lender's costs,against the indebtedness. In
furtherance of this right.Lender shall have all the rights provided for in the Lender's Right to Receive and Collect Rents Section,
above. If the Rents are collected by Lender,then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse
instruments received in payment thereof In the name of Grantor and to negotiate the seine and collect the proceeds. Payments
by tenants or other users to Lender in response to Lenders demand shall satisfy the obligations for which the payments are
made,whether or not any proper grounds for the demand existed. Lender may exercise its tights under this subparagraph either
in person,by agent,or through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of at or any part of the Property,
with the power to protect end preserve the Property,to operate the Properly preceding foreclosure or sale,and to collect the
Rents from the Properly and apply the proceeds,over and above the cost of the receivership, against the Indebtedness. The
receiver may serve without bond If permitted by law. Lender's right to the appointment of a receiver shall exist whether or not
the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shell not disqualify
a person from serving es a receiver. Receiver may be appointed by a court of competent jurisdiction upon ex parte application
and without notice,notice being expressly waived.
Other Remedies. Lender that have all other rights and remedies provided in this Assignment or the Note or by law.
Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy,and an election to
make expenditures or to take action to perfom an obligation of Grantor under this Assignment,after Grantor's failure to perform,
shag not affect Lender's right to declare a default and exercise its remedies.
Attorneys'Fees;Expenses. If Lender forecloses or institutes any suit or eaten to enforce any of the terns of this Assignment,
Lender shall be entitled to recover such sum as the court may adjudge reasonable es attorneys'fees at trial and upon any appeal.
Whether or not any court action is Involved,and to the extent not prohibited by law,all reasonable expenses Lender incurs that In
Landers opinion ere necessary at any time for the protection of Its interest or the enforcement of its rights shall become a pert of
the indebtedness payable on demand and shall bear interest at the Note rate from the dale of the expenditure until repaid.
Expenses covered by this paragraph Include,without limitation, however subject to any limits under applicable law. Lender's
attorneys'fees whether or not there is a lawsuit,including attorneys'fees and expenses for bankruptcy proceedings(Including
efforts to modify or vacate any automatic stay or injunction),appeals,and any anticipated post-judgment collection services,the
cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title
Insurance,and tees for the Trustee,to the extent permitted by applicable law. Grantor also will pay any court costs,in addition
to all other sums provided by law.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Assignment:
Amendments. This Assignment,together with any Related Documents,constitutes the entire understanding and agreement of
the parties as to the natters set forth In this Assignment. No alteration of or amendment to this Assignment shag be effective
unless given in willing and signed by the party or parties sought to be charged or bound by the alteration or amendment.
Caption Headings. Caption headings In this Assignment are for convenience purposes only and me not to be used to Interpret or
define the provisions of this Assignment.
Governing Law. This Assignment will be governed by federal law applicable to Lender and,to the extant not preempted by
federal law, the laws of 11w State of Colorado without regard to Its conflicts of law provisions. This Assignment has been
accepted by Lander in the State of Colorado.
Choice of Venue. If there is a lawsuit,Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Latimer
County,Stale of Colorado.
Merger. There shall be no merger of the interest or estate created by this assignment with any other interest or estate in the
Property al any lime held by or for the benefit of Lender in any capacity,without the written consent of Lender.
Interpretation. (I) In all cases where there Is more than one Borrower or Grantor,then all wards used In this Assignment in the
singular shall ba deemed to have been used in the plural where the context and conslmction so require. (2) If more than one
person signs this Assignment as'Grantor,'the obligations of each Grantor are joint and several, This means that If Lender
brings a lawsuit,Lender may sue any one or more of the Grantors. If Bonner and Grantor at,not the same person,Lander
need not sue Borrower first, and that Borrower need not be joined in any lawsuit (3) The names given to paragraphs or
sections in this Assignment me for convenience purposes only.They are not to be used to Interpret or dane the provisions of
this Assignment.
No Waiver by Lander. Lender shall not be deemed to have waived any rights under this Assignment unless such waiver is given
in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of
such right or any other right_ A waiver by Lender of a provision of this Assignment shall not prejudice or constitute a waiver of
Lender's right otherwise to demand strict compliance with that provision or any other provision of this Assignment. No prior
waiver by Lender,nor any course of dealing between Lender and Grantor,shall constitute a waiver of any of Lenders rights or of
any of Grantors obligations as to any future transaction. Whenever the consent of Lender is required under this Assignment,
the granting of such consent by Lender In any instance shall not constitute continuing consent to subsequent instances where
such consent is required and in all cases such consent may be granted or withheld In the sole discretion of Lender.
Notices, Any notice required to be given under this Assignment shell be given in writing,and shall be effective when actually
delivered. when actually received by teleacslrnlle (unless otherwise required by law), when deposited with a nationally
recognized overnight courier,or, If mailed,when deposited in the United States mak,as first cless, certified or registered mail
postage prepaid,directed to the addresses shown near the beginning of this Assignment Any party may charge its address for
notices under this Assignment by giving fonnal written notice to the other parties,specifying that the purpose of the notice is to
change the party's address. For notice purposes. Grantor agrees to keep Lender informed at all limes of Grantor's current
address. Unless otherwise provided or required by law, if there is more than one Grantor,any notice given by Lender to any
Grantor is deemed to be notice given to all Grantors.
Powers of Attorney. The various agencies and powers of attorney conveyed on Lender under this Assignment are granted for
purposes of security and may not be revoked by Grantor until such time as the same are renounced by Lender.
Severability. If a court of competent jurisdiction rinds any provision of this Assignment to be illegal,Invalid,or unenforceable as
to any circumstance, that finding shall not make the offending provision Regal, invalid, or unenforceable as to any other
circumstance. If feasible,the offending provision shall be considered modified so that it becomes legal,valid and enforceable. If
the offending provision cannot be so modified,it shall be considered deleted from this Assignment. Unless otherwise required by
law, the Illegality, invalidity. or uannforceabilify of any provision of this Assignment shall not affect the legality, validity or
enforceability of any other provision of this Assignment.
Successors and Assign. Subject to any irritations stated In this Assignment on transfer of Grantor's interest this Assignment
shall be binding upon and inure to the benefit of the parties,their successors and assigns. If ownership of the Property becomes
• vested in a person other than Grantor,Lender,without notice to Grantor,may deal with Grantors successors with reference to
this Assignment and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this
Assignment or liability under the Indebtedness.
Time Is of the Essence. Tins is of the essence in the performance of this Assignment_
eRecorded in Weld County, CO Doc Id: 3561946
• 06/19/2008 02:fl Receipt
7364465
Page: 4 of 4 Total Fee: $21.00
Steve Moreno, Clerk and Recorder
• ASSIGNMENT OF RENTS Page 4
Loan No:2123 (Continued)
Waive Jury. All parties to this Assignment hereby waive the right to any jury trial in any action,proceeding,or counterclaim
brought by any party against any other party.
Waiver of Homestead
Ese ell ors n. GGrantor
reby re by this Ass gnms all
rights and benefits of the homestead exemption laws of
We Slate o/Colorado as
t.
DEFINITIONS. The following capitalized words and terms shell have the following meanings when used in this Assignment. Unless
specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of
America. Words and terms used in the singular shall include the plural,and the plural shall Include the singular,as the context may
require. Words and tears not otherwise defined in this Assignment shall have the meanings attributed to such terms in the Uniform
Commercial Code:
or modified
Assignment me word'Assig together
all exhibits and schedules attached s ASSIGNMENT OF RENTS,as this his ASSIGNMENT OF ENTS from ENT OF RENTS may be amended
or modified from time to time,tog
e to
time.
Borrower. The word'Bonrower"means WILLIAM G.ASKEW.
Default. The word"Default"means the Default set forth in this Assignment in the section titled'Default".
Event of Default. The words'Event of Default"mean any of the events of default set forth in this Assignment in the default
section of this Assignment.
Grantor. The word"Grantor"means WILLIAM G.ASKEW.
Guaranty. The word "Guaranty' means the guaranty from guarantor,endorser, surety, or accommodation party to Lender.
Including Without Imitation a guaranty of all or part of the Note.
Indebtedness. The word"Indebtedness"means all principal,interest,and other amounts,costs and expenses payable under the
Note or Related Documents,together with all renewals of,extensions of,modncettons of,consolidations of end substitutions for
the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses
inured by Lender to enforce Grantors obligations under his Assignment,together with interest on such amounts as provided in
this Assignment Specifically, without imitation, indebtedness includes all amounts that may be indirectly secured by the
Cross.collateralzailon provision of this Assignment.
Lender. The ward"Lender means FirsTier Bank,Its successors and assigns. final principal amount of
Note. The word 'Note" means the prcr issory note dated June 16, 2005, in the original
$201,375.00 torn Grantor to Lender. together with all renewals of, extensions ot, modifications of, refinancings of,
consolidations of,and substitutions for the promissory note or agreement. as described In the
Property. The word "Property' means all of Grantor's right, title and interest in and to all the Property
'Assignment'section of this Assignment.
Related Documents. The words 'Related Doaunents' mean all promissory notes. credit agreements, loan agreements,
environmental agreements,guaranties,security agreements,mortgages,deeds of trust,security deeds,collateral mortgages,and
as other Instruments, agreements end documents, whether now or hereafter existing, executed in conneclton with the
indebtedness.
Rents. The word"Rents"means all of Grantor's present and future rights,title and interest in,to and under accounts and al esent
and future bases,Including,without limitation,Si rents,revenue,income,issues,royalties,bonuses,
sh
or security deposits,advance rentals,profits and proceeds from the Property,and other payments and benefits derived or to be
derived from such leases of every kind and nature,whether due now or later, including without limitation Grantor's right to
enforce such leads end to receive and collect payment and proceeds thereunder.
THE UNDERSIGNED ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS ASSIGNMENT. THIS DOCUMENT IS
EXECUTED ON JUNE 16,2005.
GRANTOR:
X
a EW
INDIVIDUAL ACKNOWLEDGMENT
W
Orake
STATE OF )
4 )5S
COUNTY OF j
On this day before me.the undersigned Notary Public,personally appeared WILLIAM G.ASKEW,to me known to be the Individual
described in and who executed the ASSIGNMENT OF RENTS,and acknowledged that he or she signed the Assignment as his or her
free and voluntary act and deed,for the uses and purpos/ess rein mentioned. /' ,/ /o
W.'" day of 20` I .nq'f pxi•(1.1.�
•
Given ands my nd and°Jal seal this }�rs Lo.z i'" --
Sy� A ^ Residing al �YLJ� Si
-r�n�r�"�i�f
Notary Public In for the State of lit nag) My commission aspens C I !7I(')fl1
LAS PR* Lending, Ver. 5.40.00.0 i3 CHA ANDICHarland .PU31 5• „ IV'',2000. All Rights Reserved. - CO
J1HARLANDICFPLPL1O14 C' �.243g"PR:, • :_
• �J�\ NOTARY c,
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