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Home My WebLink About20090669.tiffRESOLUTION RE: APPROVAL OF AMENDED RECORDED EXEMPTION #4745 - NPK INVESTMENTS, LLC WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, pursuant to its authority under Section 30-28-101(10)(d), C.R.S., did determine at a public meeting held in the Chambers of the Board, that a certain parcel of land, to be divided into two parcels, as shown on the plat known as Amended Recorded Exemption #4745, does not come within the purview of the definition of the terms, "subdivision" and "subdivided land," and WHEREAS, the request for Amended Recorded Exemption #4745 was submitted by NPK Investments, LLC, c/o Nolan Ulmer,16529 County Road 70, Greeley, Colorado 80631, for property which is located in part on the following described real estate, to -wit: Lots A and B of Recorded Exemption #4745; being part of the NW1/4 of Section 26, Township 8 North, Range 66 West of the 6th P.M., Weld County, Colorado being more particularly described in the plat which shall be provided by the applicant and known as Exhibit "A," said plat to be recorded, and WHEREAS, this request is to adjust the lot line and divide the property into parcels estimated to be approximately 1.64 acres and 0.86 acres. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hereinabove described parcel of land be, and hereby is, exempt from the definition of the terms, "subdivision" and "subdivided land." BE IT FURTHER RESOLVED by the Board that the application of NPK Investments, LLC, for Amended Recorded Exemption #4745 be, and hereby is, approved subject to the following conditions: 1. Prior to recording the plat: A. The plat shall be titled: Amended Recorded Exemption No. 0553-26-2 AMRE-4745. B. All approved accesses shall be clearly shown on the plat. C. Existing buildings/structures shall meet the offset requirements from the adjusted property line, as delineated in Section 23-3-50.C of the Weld County Code. CC: f`'L, j9PL 2009-0669 RE4745 AMRE #4745 - NPK INVESTMENTS, LLC PAGE 2 D. The applicant shall address the requirements of the Weld County Department of Public Works, as stated in the referral dated February 23, 2009. E. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. F. The following notes shall be placed on the plat: 1) All proposed or existing structures will meet the minimum setback and offset requirements for the Zone District in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure, as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M, and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead. Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on the site must obtain the appropriate zoning and building permits. 3) Lots A and B are not eligible for a future land exemption, in accordance with Section 24-8-20.C.2 of the Weld County Code. 4) Prior to the release of building permits, the applicant shall submit a recorded deed describing the lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the lot designation and Recorded Exemption number. 5) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot B has an adequate water supply of sufficient quality, quantity, and dependability. 6) Prior to the release of building permits, the applicant shall submit evidence of approval from the Ault Fire Protection District to the Weld County Department of Building Inspection. 7) Should noxious weeds exist on the property, or become established as a result of the proposed development, the applicant/landowner 2009-0669 RE4745 K_J AMRE #4745 - NPK INVESTMENTS, LLC PAGE 3 shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 8) Building permits shall be obtained prior to the construction of any building. Buildings which meet the definition of an Agricultural Exempt Building, per the requirements of Sections 29-1-20 and 29-3-20.B.13 of the Weld County Code, do not need building permits; however, a Certificate of Compliance must be filed with the Department of Planning Services and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 9) Effective January 1, 2003, building permits issued on the proposed lots will be required to adhere to the fee structure of the County -Wide Road Impact Fee Program. 10) Effective August 1, 2005, building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee Programs. 11) The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the Weld County Code, shall be placed on the plat. 2. The applicant shall submit two (2) paper copies of the plat, for preliminary approval, to the Weld County Department of Planning Services. Upon approval of the paper copies, the applicant shall submit a Mylar plat, along with all other documentation required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. 3. In accordance with Weld County Code Ordinance #2005-7, approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge may be added for each additional three (3) month period. 4. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps@co.weld.co.us. 2009-0669 RE4745 r AMRE #4745 - NPK INVESTMENTS, LLC PAGE 4 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of March, A.D., 2009. ATTEST: Weld County Clerk to th BY: Deputy Cler to the Board AT�R"O [DA oun y Attorney David E. Long Date of signature. pr, BOARD OF COUNTY COMMISSIONERS WELD,FOU Y, OLORADO illiam F. Garcia, Chair Douglas Rademacher, Pro-Tem Sean P. Conway bKirkmeyer 2009-0669 RE4745 i&cit"irg UDC. COLORADO MEMORANDUM TO: Board of County Commissioners March 13, 2008 FROM: Chris Gathman, Planner Ill . SUBJECT: AMRE-4745 (NPK Investments LLC) The Department of Planning Services has forwarded application AMRE-4745 to the Board of County Commissioners. The applicant is requesting that the lot line between Lots A and B of RE -4745 be adjusted so that it follows the existing fence line and so that the existing access and grain bin will be located on Lot B. Upon adjustment of the property lines, lot A will be .86 acre in size. Background information: Legal Description: Parcel number(s): Location: Lots A and B of RE -4745; Located in Part of the NW4 of Section 26, T8N, R66W of the 6th P.M., Weld County, CO. 055326200043 & 055326200042 East of and adjacent to Carr Street and approximately 1/4 mile south of County Road 90. Acres: 2.5 +/- acres Weld County Code Requirement: Section 24-8-20.6.1 of the Weld County Code states: "The minimum size of any lot proposed with a public water supply is not less than one (1) acre net. The minimum size of any lot proposed with a well as the water supply is not less than two and one-half (2%) acres net. Minimum lot sizes do not apply in zone districts which allow smaller lots or where exempted by the Board of County Commissioners." Applicant Request: The applicant is requesting an amended recorded exemption for a lot line adjustment to adjust the boundary between Lot A and Lot B to follow an existing fence line and to ensure an existing grain bin is located within the boundaries of Lot B. The applicant is requesting that the above lot size requirement of 1.acre be waived for this recorded exemption. Department of Planning Services Recommendation: The Department of Planning Services is in support of this request because the Department of Public Health and Environment has no concerns. Lot A will be served by public water and public sewer service from the Town of Pierce. 2009-0669 fjhypi Wi`Pc. COLORADO DEPARTMENT OF PLANNING SERVICES RECORDED EXEMPTION ADMINISTRATIVE REVIEW Applicant: NPK Investments AMRE-4745 Planner: C. Gathman Legal Description: Lots A and B of RE -4745; located in Part NW4 of Section 26, T8N, R66W of the 6th P.M., Weld County, CO. Parcel ID #: 0553 26 200037 Lot A Size: Before: +/- 1 acre After: +/- .86 acre Lot B Size: Before: +/- 1.5 acres After: +/- 1.64 acres Water Source: Lot A: Proposed Town of Pierce Water Lot B: Town of Pierce Water Sewer System: Lot A: Proposed Town of Pierce Sewer Lot B: Town of Pierce Sewer Criteria Checklist Yes No X 1. Conforms with Chapter 22 of the Weld County Code and any adopted municipal plan. X 2. Compatible with the existing surrounding land uses. X 3. Consistent with the intent of the zone district. X 4. Consistent with efficient and orderly development. X 5. Complies with Recorded Exemption standards in X Section 24-8-40 of the Weld County Code. 6. Provides for adequate protection of the health, safety, and welfare of the inhabitants of the neighborhood and the County. Approved with Conditions The Weld County Department of Planning Services has determined through an administrative review that the standards of Section 24-8-40 of the Weld County Code have been met. The Department of Planning Services recommends that this Recorded Exemption is approved with the following conditions in accordance with information submitted in the application and the policies of Weld County. 1. Prior to recording the plat: A. The plat shall be titled: Amended Recorded Exemption No. 0553-26-2 AMRE-4745 B. All approved accesses shall be clearly shown on the plat. C. Existing buildings/structures shall meet the offset requirements from the adjusted property line as delineated in Section 23-3-50.C of the Weld County Code. D. The applicant shall address the requirements of the Weld County Department of Public Works as stated in their referral dated February 23, 2009. E. The applicant shall provide the Weld County Department of Planning Services with a Statement of Taxes from the Weld County Treasurer showing no delinquent taxes exist for the original parcel. F. The following notes shall be placed on the plat: 1) All proposed or existing structures will or do meet the minimum setback and offset requirements for the zone district in which the property is located. Pursuant to the definition of setback in the Weld County Code, the required setback is measured from the future right-of-way line. No building or structure as defined and limited to those occupancies listed as Groups A, B, E, F,H, I, M and R in Section 302.1 of the 2003 International Building Code, shall be constructed within a 200 -foot radius of any tank battery or within a 150 -foot radius of any wellhead. Any construction within a 200 -foot radius of any tank battery or 150 -foot radius of any wellhead shall require a variance from the terms of the Section 23-3-10 of the Weld County Code. 2) Any future structures or uses on site must obtain the appropriate zoning and building permits. 3) Lot A and Lot B are not eligible for a future land exemption in accordance with Section 24-8-20.C.2 of the Weld County Code. 4) Prior to the release of building permits, the applicant shall submit a recorded deed describing the Lot upon which the building permit is requested with the building permit applications. The legal description on such deed shall include the Lot designation and Recorded Exemption number. 5) Prior to the release of building permits, the applicant shall submit evidence to the Department of Planning Services that Lot B has an adequate water supply of sufficient quality, quantity and dependability. 6) Prior to the release of building permit, the applicant shall submit evidence of approval from the Ault Fire Protection District to the Weld County Building Department. 7) Should noxious weeds exist on the property or become established as a result of the proposed development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant to Chapter 15, Articles I and II of the Weld County Code. 8) Building permits shall be obtained prior to the construction of any building. Buildings that meet the definition of an Ag Exempt Building per the requirements of Section 29- 1-20 and Section 29-3-20.B.13 of the Weld County Code do not need building permits, however, a Certificate of Compliance must be filed with the Planning Department and an electrical and/or plumbing permit is required for any electrical service to the building or water for watering or washing of livestock or poultry. 9) Effective January 1, 2003, Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11) 10) Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40) 11) WELD COUNTY'S RIGHT TO FARM: Weld County is one of the most productive agricultural counties in the United States, ranking fifth in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with longstanding agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural area: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest, and gravel roads; odor from animal confinement, silage, and manure; smoke from ditch burning; flies and mosquitoes; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. Ditches and reservoirs cannot simply be moved out of the way of residential development without threatening the efficient delivery of irrigation to fields which is essential to farm production. Section 35-3.5-102, C. R. S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Weld County covers a land area of over 4,000 square miles in size (twice the State of Delaware) with more than 3,700 miles of state and County roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the county and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Snow removal for roads within subdivisions are of the lowest priority for public works or may be the private responsibility of the homeowners. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. Children are exposed to different hazards in the county than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sand burs, puncture vines, territorial farm dogs, and livestock present real threats to children. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. Parents are responsible for their children. 2. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the Weld County Department of Planning Services. Upon approval of the paper copies the applicant shall submit a Mylar plat along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the Weld County Clerk and Recorder by Department of Planning Services Staff. The plat shall be prepared in accordance with the requirements of Section 24-8-60 of the Weld County Code. The Mylar plat and additional requirements shall be submitted within sixty (60) days from the date of the Board of County Commissioners resolution. The applicant shall be responsible for paying the recording fee. 3. In accordance with Weld County Code Ordinance 2005-7 approved June 1, 2005, should the plat not be recorded within the required sixty (60) days from the date the Administrative Review was signed a $50.00 recording continuance charge may be added for each additional 3 month period. 4. The Department of Planning Services respectfully requests the surveyor provide a digital copy of this Recorded Exemption. Acceptable CAD formats are .dwg, .dxf, and .dgn (Microstation); acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and ArcInfo Export files format type is .e00. The preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This digital file may be sent to maps(oi7co.weld.co.us. rwa 5/11/01 Plat Checklist POC Planner Item Comments Check Check Proper size and material 24" x 36" or 18" x 24" / Minimum 3 millimeter polyester sheet Lettering No stick -on lettering / Minimum 8 pt. lettering Boundaries of Lots 1i Scale Suitable Scale? (1"=200' or 1"=100') S® Accesses indicated Shared Access? If so, is easement Certificate included? tie Roads labeled, including R.O.W •® Building Envelope(s) NIA Vicinity Map Suitable Scale? (Minimum 1" = 2000') be North Arrow S/ Legal Description Greta usual e3/4 AP4 talials Cant y e) Notes from Planner/ Development Standards J� 4/° Conditions of Approval L„ c' DF'tiAASS Owner's Certificate Notarial Certificate included? All owners must sign the plat, check the deed. Surveyor's Certificate and Surveyor's Stamp All surveyed plats Note: USR plats do not need to be surveyed •000°.. Director of Planning Certificate Notarial Certificate included? (RE, SE, SPR, Final PUD if Staff Approved) 14 intl Planning Commission Certificate (USR, COZ, Minor Sub. Final) NA CL. ---...2•00 tJ/A Board Certificate (USR, COZ„ Minor Sub Final) (Final PUD, RE, SE & ZPMH if Board approved) Typical Road Cross Section (COZ, Final Minor Sub. and Final PUD) Easements )4 IA Please return the plat to the CAD Technician within 24 hours of receiving the plat. Planner on Call: (Initials) Planner Signature: Mir lb Tab cut Date: 7/1 I/2c o,, oq—obt l WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 918 10Th STREET GREELEY, CO 80631 PHONE: 970 -35? -6100, EXT. 35401 FAX: 970-304-6498 r f ≥! I Receipt"No.. 20 .E Received From: f Permit Type No. Description f •r 4221-RE/SE 4221-ZPMH 4221-USR 4221 -SITE PLAN REVIEW 4221 -CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB # OF BUILDABLE LOTS 4221 -ADDITIONAL 30% FEE FOR SUB's L4221 -RE -SUBDIVISIONS 4221 -BOA 4221-FHDP/GHDP 4430 -MAPS / POSTAGE 4430 ,COPIES 4730 -INVESTIGATION FEE r - j 6560 -RECORDING FEE I I MISC. ,L L TOTAL FEE �40:r-• SH Cc'fCr4ECK (vv:�.. ��____ �= . . Receipted By: _... f ' t I '- --'DL# Exp. k Fee O O -Date:, WELD COUNTY, COLORADO DEPARTMENT OF PLANNING SERVICES 918 10TH STREET GREELEY, CO 80631 PHONE: 970-353-6100, EXT. 3540 / FAX: 970-304-6498 `,}XX, 20._ `, Received From: Permit Type 4221-RE/SE 4221-ZPMH 4221-USR 4221 -SITE PLAN REVIEW 4221 -CHANGE OF ZONE 4221-PUD 4221-MINOR/MAJOR SUB # OF BUILDABLE LOTS 4221 -ADDITIONAL 30% FEE FOR SUB's 4221 -RE -SUBDIVISIONS 4221 -BOA 4221-FHDP/GHDP 4430 -MAPS / POSTAGE 4430 -COPIES 4730 -INVESTIGATION FEE 6560 -RECORDING FEE MISC. CASH OCHFcK NO, Receipted •! r No. ;3 Receipt No.., Description r- i TOTAL. FEE DL# Exp. Fee Date: / • WELD COUNTY, COLORADO 1 'DEPARTMENT OF PLANNING SERVICES -`` 918 10TH STREET GREELEY, CO 80631 PHONE: 970-353-6100, EXT. 3540 / FAX: 970-304-6498 Received From: Permit Type No. Description Fee 4221-RE/SE 4221-ZPMH 4221-USR 4221 -SITE PLAN REVIEW 4221 -CHANGE OF ZONE 4221-PU D 4221-MINOR/MAJOR SUB # OF BUILDABLE LOTS 4221 -ADDITIONAL 30% FEE FOR SUB's 4221 -RE -SUBDIVISIONS 4221 -BOA 4221-FHDP/GHDP 4430 -MAPS / POSTAGE 4430 -COPIES 4730 -INVESTIGATION FEE 6560 -RECORDING FEE; - MISC. 20 Receipt No. /E CASH ❑ CHECK NO. Receipted By: DL# TOTAL FEE Exp. 11111D C. COLORADO October 21, 2009 NPK Investments LLC 16529 County Road 70 Greeley, Colorado 80631 DEPARTMENT OF PLANNING SERVICES 918 10th St. GREELEY, COLORADO 80631 WEBSITE: www.co.weld.co.us E-MAIL: cgathman @co.weld.co.us PHONE (970) 353-6100, EXT. 3537 FAX (970) 304-6498 Brian Carpenter 449 East Main Street Pierce, CO. 80650 Dear NPK Investments LLC & Mr. Carpenter, The Weld County Assessor's Office has informed us of a discrepancy between the deeded ownership of Lots A and B of Recorded Exemption (RE) 4745 and the Amended RE -4745 plat that was recorded on July 23, 2009. NPK Investments LLC applied for an amended recorded exemption on February 11, 2009 to adjust the boundaries between Lots A and B. The proposed line adjustment would adjust the boundary between Lot A and Lot B to follow an existing fence line and to ensure that an existing grain bin is located within the boundaries of Lot B. At the time this amendment was applied for NPK Investments LLC was the owner of both Lot A and Lot B of RE -4745. NPK Investments LLC later sold Lot B of RE -4745 to Mr. Carter via a warranty deed recorded on February 24, 2009 under reception # 3607168. Amended RE - 4745 was later approved by the Board of County Commissioners and the AMRE-4745 plat was recorded on July 23, 2009. However, the AMRE-4745 plat listed NPK Investments LLC as the sole owner of Lots A and B of AMRE-4745 when in fact Mr. Carpenter was the owner of Lot B. In order to address the ownership confusion and remove the possibility of clouding the title of both of these properties, you have the following options: 1) Submit a Corrected AMRE-4745 plat that includes signatures from both current owners along with deeds identifying the owner of Lot A of AMRE-4745 and Lot B of AMRE-4745 for recording to the Department of Planning Services. OR 2) Submit a request to vacate the AMRE-4745 plat. In this event the ownership would reflect the lot boundaries as shown on the RE -4745 plat. The Weld County Assessor's Office has a mapping deadline of Wednesday, November 11, 2009. If this situation is not addressed by this date the assessor's mapping records will show duel ownership of the area between the original lot line shown on the RE -4745 plat and the lot line shown on the AMRE-4745 plat. If this situation is not addressed until after Wednesday, November 11, 2009, then the assessor's mapping records will show a duel ownership situation between the RE -4745 lot line and the AMRE-4745 lot line until parcels are remapped in 2010. I have attached two 81/2 x 11 copies of the RE -4745 plat and of the AMRE-4745 plat for your reference. SC I fi (LED \(I A Cw-"Piciid( g -K5,Acs- M0.� , If you have any questions in this matter you can contact me (see my contact information above). Any questions re: the Assessor's Office mapping can be directed to Sandy Eckhardt at 353-3485 ext. 3694 (seckhardtaco.weld.co. us). Sincerely, Chris Gathman Planner III 7 7 P' m �n 0 Certified Fee �p Return Receipt Fee (Endorsement Required) 0 Restricted Delivery Fee (Endorsement Required) a ra U, 0 0 r ci 7 rn m UT 7 0 O 0 0 0 -n r -R r-9 Postage Total Postage & Fees Postmark Here Sent T0f?ncvw __6,2 -1e322 -?.1191:-.............Y...................... „1, — or PO Sox No. arm ......... . aty, state, iiv+a - t CO loos Postage Certified Fee Return Receipt Fee (Endorsement Required) Restdcted Delivery (Endorsement Required) Total Postage & Fees Sent To ^ 17V .J hwS -oorrrPOBxNoof°YY11rrosz t cet..5 City, State, ZIP+4 Postmark Here co. 30423 t Chris Gathman From: Sent: To: Subject: Chris Gathman Thursday, May 28, 2009 10:27 AM 'nu@skybeam.com'; 'nustar@thinair.net' One last thing prior to recording AMRE-4745 Nolan, The AMRE-4745 has been signed by the Board of County Commissioners. My last item was to verify that the property is current on property taxes. According to my discussion with the Treasurer's Office the property taxes for Lot A of RE -4745 (parcel # 055326200042) in the amount of $95.62 have not been paid and according to the Treasurer's office is delinquent. We need verification that this has been paid prior submitting the plat for recording. For your information, due to staff shortages we send plats over to be recorded once a week on Wednesdays (the next potential recording date would therefore be June 3). Let me know if you have any questions. Sincerely, Chris Gathman Planner III (970) 353-6100 ext. 3537 1 Chris Gathman From: Sent: To: Cc: Subject: Chris Gathman Tuesday, May 19, 2009 12:00 PM 'Ann' 'nu@skybeam.com'; 'nustar@thinairnet.com' RE: AMRE-4745 Ann, I have reviewed your PDF attachment and have just two small changes: 1) The legal description below the surveyor notes should be revised to reflect "Lots A and B of RE -4745" not "Lot A and B of RE -3307". 2) The Department of Planning Services Certificate should replaced by the Board of County Commissioners Certificate (see language below): Certificate of Approval by the Board of County Commissioners: This plat is accepted and approved by the Board of County Commissioners of Weld County, State of Colorado. Witness my hand and the corporate seal of Weld County this day of A.D., 20 Chair, Board of County Commissioners ATTEST: Weld County Clerk to the Board By: Deputy Clerk to the Board Date I do not need to see another copy - you can go ahead and prepare the mylar upon making these revisions. Sorry for the confusion/delay on this. Sincerely, Chris Gathman, AICP, Planner III Weld County Department of Planning Services 918 10th Street, Greeley, Colorado 80631 ph (970)353-6100 ext. 3540 fax (970)304-6498 Original Message From: Ann [mailto:anmc@comcast.net] Sent: Tuesday, May 19, 2009 11:32 AM To: Chris Gathman Subject: AMRE-4745 5/19/09 Attached is a PDF of the AMRE for you review as requested. Anne McLellan Alles and Associates, Inc. (970) 284-9562 1 Chris Gathman From: Sent: To: Subject: Attachments: Chris Gathman Wednesday, April 29, 2009 7:40 AM 'allesco@comcast.net' AMRE-4745 comments amre4745.doc amre4745.doc(85 KB) Here are the comments for Nolan Ullmer's case. Sincerely, Chris Gathman, AICP, Planner III Weld County Department of Planning Services 918 10th Street, Greeley, Colorado 80631 ph (970)353-6100 ext. 3540 fax (970)304-6498 JOB N0: (SHARP-0701)NPK-0901 AutoCAD: NPK *ARE -4745 82 4e t 3 i 1 0 g5 2 EM k� F z a B 8 gVti kg rR35 G: a a i 9 a TOWN OF PIERCE a e.5 OF a o1 soCrOCIVE zaw er V R6 q6 rapil il! girl!!! Pill!! !! K,.1 eallillilg. 51? Qlaill' '114ei,t1; R! R, a r•gtirT 11 loil kila;llo ti iat q1;1 a$ 9 a�gg i�g.g3xg�'g A&$9s� Y:S 3:go -r ��°�Xi S4 R P41;111 &: E#fit Y� " Ifwcg y 3 t11'4 ',hTi,i31, I� }; a �aa9�9�QAig��i F ed •i 9g y�49Asxq 1s �s k• J. Y 3fff :g � t! i� 4Epi lizi-_ 3 9 as ok pre El dig i y r X11 .as st§g= aEy�� p"a a ege � 111 R a��" 4 �a� y 7• a s• a L s a I 421 gear 12.1 ip .47 • Sa 5-441 igi 2F -g, " P:5 €ply g s� ;s IT a �•:. 11. E y y$ E wF 98: e 5 o 5;91 ! Ea: 'E gFg #� g � SggS eEg �g Egg 4A pigo _ ,Pg yy •S •2 a 31 II2 • •i a >aa 24 EH� s . •3 44 ;pal92.. sg4 Sx g 2B I '�• g Bay 91 � _ �Y III II$ q 'ii" s F; g ITV pro i; Q R >a S $ g ' m Lei' 51 VI s8 aa4 el ti iE of ri g �7 rD 1r1yq r ; -1m Z ?m c w V7 �mm nm I n ooVO Cr .p D b L MC) Ul oN 0 OY, cc 7 0) 0) rn EXEMPTION NO. 0553-28-2 AMRE-4745 cacti:r Wilk COLORADO February 18, 2009 DEPARTMENT OF PLANNING SERVICES NORTH OFFICE 918 10TH Street GREELEY, CO 80631 PHONE: (970) 353-6100, Ext. 3540 FAX: (970) 304-6498 NPK Investments LLC Nolan Ulmer, Manager 16529 CR 70 Greeley CO 80631 Subject: AmRE-4745 - A Recorded Exemption located on a parcel of land described as Lots A and B of RE - 4745; located in Part of the NW4 of Section 26; T8N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your recorded exemption application is being processed. If it is determined that the application meets the approval criteria of Chapter 24 of the Weld County Code, you will be notified that the recorded exemption is approved. If the staff determines that the application does not meet the approval criteria or if staff has concerns with the application, staff may elect to forward the application for review to the Board of County Commissioners. You will be notified and asked to appear before the Board of County Commissioners at a public hearing. You will be informed of the hearing date prior to the hearing. The Board of County Commissioners will then consider your application and make a final decision on the recorded exemption. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the Pierce Planning Commission for their review and comments. It is recommended that you and/or a representative be in attendance at the Pierce Planning Commission meeting to answer any questions the Commission members may have with respect to your application. Please call Pierce at 970-834-2851, for further details regarding the date, time, and place of this meeting. If you have any questions concerning this matter, please call me. Sincerely, itita _ Chris Gathman Planner Chris Gathman From: Sent: To: Subject: Chris Gathman Wednesday, February 04, 2009 11:43 AM ' nustar@thinairnet.com' Lot Line adjustment for RE -4745 (NPK Investments) Nolan, I have received your draft plat for the requested lot line adjustment for RE -4745. However, I have not received a written request from you that explains why the lot line adjustment is being requested. Because the lot line adjustment will result in Lot A - being less than 1 acre in size, the Board of County Commissioners will need to approve this adjustment as an Amended Recorded Exemption. It is not your typical lot line adjustment. At a minimum, the Health Department, Public Works and Town of Pierce will need to review this request. The link to the Amended Recorded Exemption application is available on line at: http://www.co.weld.co.us/departments/planning/Planning_procedural_guide_pdfs/Updated°s 2006-15-08/RE04-15-08.pdf The fee amount is $180.00. We can supply the water & septic information from the original RE -4745 for this application. Once the referrals agencies have reviewed the application (by County Code - referral agencies have 28 days to review the referral) and comments (if any) have been received from the referral agencies - we will present this application to the Board of County Commissioners at a 9 AM Board meeting. Let me know if you have any questions. Sincerely, Chris Gathman Planner III Wipe A REQUEST: LEGAL: LOCATION: PARCEL ID #: 0553 26 200037 APPLICATION FLOW SHEET APPLICANT: NPK Investments, LLC CASE#: AMRE-4745 Amended Two -Lot Recorded Exemption. Lots A and B of RE -4745; located in Part of the NW4 26-8-66 East of and adjacent to Carr Street and approximately 1/4 mile south of CR 90 ACRES: +1- 2.64 acres Date By Application Received 2/11/09 Application Completed 2/11/09 Referrals listed 2/17/09 CG Vicinity map prepared File assembled all OA VII' Case logged in computer r` Letter to applicant mailed7-- Referrals mailed Field check by DPS staff Administrative Review decision: f CounCommissioners hearing (if appiicabie ty Date By County Commissioners Hearing Date Surrounding property owners notified Presentation prepared �1 CC action: c) I-- g...„ 3)1212-0c. CC resolution received Plat recorded and filed Overlay Districts Zoning Agricultural MUD Yes NoX_ IGA Yes No_X_ Airport Yes No_X_ Geologic Yes No_X_ Flood Hazard Yes NoX.__ Panel #080266 Date ri7(6,(eR /-7 1/71) B D13(11.,i RECORDED EXEMPTION (RE) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECEIPT/AMOUNT # /$ CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 6 5 5 3- a& -'_- 7 IZ- () (12 digit number - found on Tax la information, obtainable at the Weld County Assessor's Office, or www.co.weld.co.us) Legal Description r AIGv4/ , Sectiora6 Township K' North, Rangeo' West Has the property been divided from or had divided from it any other property since August 30, 1972? Yes >( No Is this parcel of land, under consideration, the total contiguous land owned by the applicant? Yes Y No_ FEE OWNER(S) OF THE PROPERTY: Name: 4)72/ __44/Les _ hnents 2 Work Phone #396— 474/9-2 Home Phone # Address: ,$-a% (,i,/% 2v City/State/Zip Code 6_,/,‘„/...14,/,_,12 &(..) 3 APPLICANT OR AUTHORIZED AGENT (See Below: Authorization must accompany all applications signed by Authorized Agent) Name: Vie*IL [ L nt K Work Phone #89/ ,fc/aa Home Phone # Address: 4 Ca -9 '7D City/State/Zip Code ✓� lam a lnc.�, Ma -71a - Email Address /1/GC. © ,S,ybegicm. 4477 70 £D103) Email Address Lot A ernallaPrIFel- Lot B f3a -fo re. /-?77 bate of 4r to I v Lot of -Se ✓ Water Source ire Plevee eicree- Pe✓C'_e. Type of Sewer P; vex Pile vee PI ,eve e, P? -e vse'- Proposed Use Acreage / 7(5-' , (re /. a V Existing Dwellings? If Yes, list address below: If Yes, list address below: If Yes, list address below: If Yes, list address below: If the property is vacant or unimproved write proposed water source and proposed sewer system for each parcel in the blanks above. For example, if a well and septic is proposed state: proposed well, proposed septic. I (We) request that the following described property be designated a Recorded Exemption by the Weld County Board of County Commissioners. I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained within the application are true and correct to the best of my (our)knowledge. Signatures of all fee owners of property must sign this application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a corporation is the fee owner, notarized evjdemu nt t e included showing the signatory has to legal authority to sign for the corporation. / 1-09 igna'fure: Owner or Authorized Agent Date Signature: Owner or Authorized Agent Date -4- BEFORE RECORDED EXEMPTION NO. 0553-26-2 RE -4745 LOT A, RE -3307 PART NW 1/4 SECTION 26, T. 8 N., R. 66 W., 6 P.M. WELD COUNTY, COLORADO 11 AFTER AMENDED RECORDED EXEMPTION NO. 0553-26-2 AMRE-4745 LOT A & B, RE -4745 PART NW 1/4 SECTION 26, T. 8 N., R. 66 W., 6 P.M. WELD COUNTY, COLORADO 1� 1. Water supply statements addressing the following: A. Water and Sewer supplied by the city of Pierce. B. None 2. The proposed lots will be annexed into the city of Pierce after Lot line adjustments have been done. 3. Lot A will be a buildable lot. Lot B has an existing home on it with a shed and corrals. 4. Lot A will be reduced to .86 acres which will keep the fence line in the same place and the access into the shop on the same property. Lot B When the lot line adjustment is made; it will divide the property with the fence line separating the properties. The grain bin and access to the property will both be on Lot B. 5. None 6. There is an existing house on lot B and outbuildings. Lot A will be annexed to the city of Pierce. Any building on the parcel will have to be done and approved by the city of Pierce. 7. None rTh 18810 111 ag i5\..i vi5 LeE 6.f ;ill y :a: fi f i5 ' _LS_ - g -B 3 ts�-f i L.ie6 eo s $y a �-15 Ei� a.+ - rs$'s 1'41;1 l'. $ Sa g :1:11:1 5 r�i5e„_as ;III go b `5filiiisIeLi5 li 0 6 sp -`{idj ;6L 7 tx atL -SL ill tE MA flEs �L`9 p d '4,1l 5!s6 ggs L *52LsD Sr[r-3tl:aluawlcunul MN) dtlVILS :0000155 LOGO^dll005 ,ON 60e a age_ t P'¢¢ LIsfi.6 e' �4t3L Fe c ? HhiI 6 -25� g?'gE'i� gl-$i-6a ire" 22 }}@ ( 2.L E Et e:;s 6 :1 fiq 45s 0.$:115 as a�t t' iiF fiie�b i--2fi 911g al i$i '',164 HE � °s Egli"' .z5 i6 il =c ;IN l'' 11 11 5 L L Cni !k-' a "ab ^8 6 5.6 ;,y Ili sg a= AEA 30. til si SC z C 256 4e y6 Al e.q-gg S 5pE . el Gs 6CA5 a $g 9,15 ` 21 Y §Zd a 4.T. :1e Z61 Z1 F <turc< J 0iJO 0 00.30so savoy c. .m tsc.u00s xroamo". e S .0010[ Mcia.vov •.C..004 OS tli1VD 3')82Id 90 NM01 (I' 6s LS 5 ° t 514!%4 has 5^1 FIPT 3'6 ty g tlH gd:eF��:F .v EB WELD COUNTY ROAD ACCESS INFORMATION SHEET Weld County Department of Public Works 111 H Street, P.O. Box 758, Greeley, Colorado 80632 Phone: (970) 356-4000, Ext. 3750 Fax: (970) 304-6497 Road Fife #: RE #: Date: Other Case #: 1. Applicant Name NPK Investments c/o Nolan Ulmer Phone 396-8423 Address 16529 CR 70 City Greeley 2. Address or Location of Access 449 E. Main Ave. Section 26 Township 8 Range 66 Subdivision Block Lot The access is adjacent to the Town of Pierce on Main Avenue. Weld County Road #: Side of Road Distance from nearest intersection State CO Zip 80631 3. Is there an existing access(es) to the property? Yes x No # of Accesses 1 4. Proposed Use: Permanent x Residential/Agricultural Industrial Temporary — Subdivision Commercial Other: 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential O&G = Oil & Gas D.R. = Ditch Road Q = House = Shed A A = Proposed Access = Existing Access NT R * ******A** * * * R R * * * * R * R * L."---7-'—,gin a OFFICE USE ONLY: Road ADT Date Accidents Date _ Road ADT Date Accidents Date Drainage Requirement Culvert Size Length _ Special conditions D Installation Authorized O Information Insufficient Reviewed By: Title: -7- JOB Na: SHARP -0701 AutoCAS: SHARP (NPR mvestmen<s)RE-4745 S sa N . asCASs 18 8 / / / / S / rn - S I♦ CwOF BEARING) ev<IHE TOWN OF PIERCE CARR ST *TT rr ro A-' f1 ap �z y O * A O m Gs (A Ltm 0 m J X OO rn nz V a -1 C ~ OD Z O N N W rn W � N rn < • a N 8 r Weld County Treasurer Statement of Taxes Due Account Number RI 930403 Parcel 055326200037 Assessed To NPK INVESTMENTS 16529 CR 70 GREELEY, CO 80631 Legal Description Sites Address PT NW4 26-8-66 LOT A REC EXEMPT RE -3307 SITUS: 449 MAIN AV WELD 000000000 449 MAIN AV WELD 000000000 Year Charges Grand Total Due as. of 07/21/2009 $0.00 Billed Payments Balance ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - AUGUST 1, REAL PROPERTY - AUGUST 1. Weld County Treasurer P.O. Box 458, Greeley CO 80632 1400 N 17th Ave, Greeley CO 80631 (970) 353-3845 ext. 3290 Weld County Treasurer Statement of Taxes Due Account Number R.6775482 Assessed To Parcel 055326200042 NPK INVESTMENTS 16529 CR 70 GREELEY, Co 80631 Legal Description PT NW4 26-8-66 LOT A REC EXEMPT RE -4745 Situs Address Year 2008 2008 2008 Charges REBILLING FEE Interest Tax Billed $5.00 $2.84 $94.67 Payments $5.00 $2.84 $94.67 Balance $0.00 $0.00 $0.00 Grand Total Due as of 07/21/2009 $0.00 Tax Billed at 2008 Rates for Tax Area 0917 - 0917 Authority WELD COUNTY SCHOOL DIST RE9 NORTHERN COLORADO WATER (NC AULT FIRE AIMS JUNIOR COL HIGH PLAINS LIBRARY WEST GREELEY CONSERVATION Taxes Billed 2008 * Credit Levy Mill Levy 16.804000* 26.510000 1.000000 6.769000 6.323000 3.260000 0.414000 Amount Values $26.03 SINGLE FAM.RES: $41.09 LAND $1.55 Total $10.50 $9.80 $5.06 $0.64 61.080000 $94.67 Actual Assessed $19,500 $1,550 $19,500 $1,550 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - AUGUST 1, REAL PROPERTY - AUGUST 1. Weld County Treasurer P.O. Box 458, Greeley CO 80632 1400 N 17th Ave, Greeley CO 80631 (970) 353-3845 ext. 3290 Weld County Treasurer Statement of Taxes Due Account Number R6775487 Assessed To Parcel 055326200043 NPK INVESTMENTS 16529 CR 70 GREELEY, CO 80631 Legal Description PT NW4 26-8-66 LOT B REC EXEMPT RE -4745 Situs Address 449 MAIN AV WELD 000000000 Year 2008 Charges Tax Billed $655.39 Payments $655.39 Balance $0.00 Grand Total Due as of 07/21/2009 $0.00 Tax Billed at 2008 Rates for Tax Area 0917 - 0917 Authority WELD COUNTY SCHOOL DIST RE9 NORTHERN COLORADO WATER (NC AULT FIRE AIMS JUNIOR COL HIGH PLAINS LIBRARY WEST GREELEY CONSERVATION Taxes Billed 2008 * Credit Levy Mill Levy 16.804000* 26.510000 1.000000 Amount $180.31 $284.45 $10.73 Values Actual Assessed SINGLE FAM.RES.- $29,250 $2,330 LAND SINGLE FAM.RES- $105,577 $8,400 IMPROVEMTS 6.769000 $72.63 Total $134,827 $10,730 6.323000 $67.85 3.260000 $34.98 0.414000 $4.44 61.080000 $655.39 ALL TAX LIEN SALE AMOUNTS ARE SUBJECT TO CHANGE DUE TO ENDORSEMENT OF CURRENT TAXES BY THE LIENHOLDER OR TO ADVERTISING AND DISTRAINT WARRANT FEES. CHANGES MAY OCCUR AND THE TREASURER'S OFFICE WILL NEED TO BE CONTACTED PRIOR TO REMITTANCE AFTER THE FOLLOWING DATES: PERSONAL PROPERTY AND MOBILE HOMES - AUGUST 1, REAL PROPERTY - AUGUST 1. Weld County Treasurer P.O. Box 458, Greeley CO 80632 1400 N 17th Ave, Greeley CO 80631 (970) 353-3845 ext. 3290 Tax Account Page 1 of 1 Tax Account Summary Tax Year Tax Due Interest Due Penalty Due Misc Due Lien Due Lien Interest Due Total Due 2008 $94.67 $0.95 $0.00 $0.00 $0.00 $0.00 $95.62 Transaction Details Tax Year Type Effective Date Payor Amount Balance 2008 Tax 1/19/09 $94.67 $94.67 The amounts of taxes due on this page are based on last year's property value assesments. https://www.weldtax.com/treasurer/treasurerweb/account.jsp?account=R6775482&action=tx 5/28/2009 Tax Account Page 1 of 1 Tax Account Summary Account Id Parcel Number Owners Address Situs Address Balance Legal Inquiry R6775487 055326200043 NPK INVESTMENTS 16529 CR 70 GREELEY, CO 80631 449 MAIN AV WELD 000000000 $0.00 PT NW4 26-8-66 LOT B REC EXEMPT RE -4745 Payment Date 05/28/2009 Payment Type KM First ® Full Total Due $0.00 Update Value Tax Area SINGLE FAM.RES.-LAND - 1112 SINGLE FAM.RES-IMPROVEMTS - 1212 Total Value Taxes Area Id Mill Levy 0917 - 0917 61.080000 Actual 29,250 105,577 134,827 Assessed 2,330 8,400 10,730 $655.39 The amounts of taxes due on this page are based on last year's property value assesments. https://www.weldtax.corn/treasurer/treasurerweb/account..jsp?account=R6775487 5/28/2009 REFERRAL LIST Name: NPK Investments, LL\ - County Attorney x Health Department _Extension Office _Emergency Mgt Office - Ed Herring Sheriffs Office x Public Works _Housing Authority _Airport Authority x Building Inspection x Code Compliance Ann Kim Ogle (Landscape Plans) _Lin (Addressing Change of Zone) Ambulance Services State _Div. of Water Resources Geological Survey _Department of Health _Department of Transportation _Historical Society Water Conservation Board Oil & Gas Conservation Commission Division of Wildlife South Hwy 66 (Loveland) _North Hwy 66 (Greeley) Division of Minerals/Geology Soil Conservation Districts _Big Thompson/ FTC Boulder Valley/Longmont _Brighton/SE Weld Centennial Greeley/West Greeley _Platte Valley West Adams Little Thompson Federal Government Agencies _US Army Corps of Engrs USDA -APHIS Vet Service Federal Aviation Admin (Structures over 200 ft or w/in 20000 ft of Pub Airport Federal Communications Comm Towns & Cities Ault Berthoud _Brighton Dacono Eaton Erie Evans Firestone Fort Lupton Frederick Garden City Gilcrest Greeley Grover Hudson Johnstown _Keenesburg _Kersey LaSalle Lochbuie Longmont Mead Milliken _New Raymer Northglenn Nunn x Pierce Platteville Severance Thornton Windsor Counties Adams Boulder Broomfield Larimer Other School District RE- _ _Central Colo. Water Cons RR _Ditch Company Art Elmquist (MUD Area) K. Case#: AmRE-4745 Fire Districts x Ault F-1 Berthoud F-2 Briggsdale F-24 Brighton F-3 Eaton F-4 _Fort Lupton F-5 Frederick Galeton F-6 Hudson F-7 Johnstown F-8 LaSalle F-9 _Mountain View F-10 Milliken F-11 Nunn F-12 Pawnee F-22 Platteville F-13 _Platte Valley F-14 _Poudre Valley F-15 _Raymer F-2 _Southeast Weld F-16 _Union Colony F-20 Wiggins F-18 Windsor/Severance F-17 Commissioner COLORADO Weld County Referral February 18, 2009 FEB 19 2009 The Weld County Department of Planning Services haSrecei'uedlEt%e:�obv`LTi�i'g item for review: t� Applicant NPK Investments, LLC Case Number AmRE-4745 Please Reply By March 18, 2009 Planner Chris Gathman Project Amended Two -Lot Recorded Exemption Legal Lots A and B of RE -4745; located in Part of the NW4 of Section 26, T8N, R66W of the 6th P.M., Weld County, Colorado. Location Parcel Number East of and adjacent to Carr Street and approximately 1/4 mile south of CR 90. For a more precise location, see legal. 0553 26 200037 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does /does not comply with our Comprehensive Plan ❑ We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. ❑ Please notify me of any public hearings regarding this request Cnmmentc Signature Agency lrvV6tvr Loo- t5 7- Date @Weld County Planning Dept. •9918 10'h Street Greeley, CO. 80631 4(970) 353-6100 ext.3540 4(970)304-6498 fax COLORADO Weld County Planning Department MEMORANDUM GREELEY OFFICE TO: Chris Gathman, Planning Services DATE: Februarx23, 2009 FEB 26?,np ECEIVED FROM: Matt Figgs, Public Works, and Don Dunker, P.E., C.F.M., Public Works( SUBJECT: AmRE-4745, NPK Investments LLC The Weld County Public Works Department has reviewed this proposal. Our comments and requirements are as follows: COMMENTS: Weld County Road Classification Plan (FHU): (June 2002) East Main Street and Carr Street are both local gravel roads. These roads are maintained by the Town of Pierce. REQUIREMENTS: The proposed access for the proposed Lot A shall access Carr Street in the middle of the parcel, and not on the north end of the property. Please contact the Town of Pierce to verify the access permit or for any additional requirements that may be needed to obtain or upgrade the permit. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. This area is not in a Special Flood Hazard Area (SFHA) as determined by the Federal Emergency Management Agency (FEMA). pc: AmRE-4745 file M:\PLANNING - DEVELOPMENT REVIEW \RE -Recorded Exemption\AmRE-4745.doc igotit\i IIiDc COLORADO Weld County Referral February 18, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant NPK Investments, LLC Case Number Am RE -4745 Please Reply By March 18, 2009 Planner Chris Gathman Project Amended Two -Lot Recorded Exemption Legal Lots A and B of RE -4745; located in Part of the NW4 of Section 26, T8N, R66W o the 6th P.M., Weld County, Colorado. Location East of and adjacent to Carr Street and approximately 1/4 mile south of CR 90. For a more precise location, see legal. Parcel Number 0553 26 200037 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan ❑ fieve reviewed the request and find no conflicts with our interests. See attached letter. • ❑ Please notify me of any public hearings regarding this request. f:nmmentc- Signature Agency ?d/ 01 ci-lrea , a t Date ,Weld County Planning Dept. C•918 10th Street Greeley, CO. 80631 4•(970) 353-6100 ext.3540 ❖(970)304-6498 fax Weld County Planning Department GREELEY OFFICE 1AR 1.17f4) RECENED f0) WI�'Pc COLO8AO0 Memorandum TO: Chris Gathman, W.C. Planning DATE: March 10, 2009 FROM: Lauren Light, W.C. Department of Public Health and Environment CASE NO.: AMRE-4745 NAME: NPK Investments, LLC Environmental Health Services has reviewed this proposal to adjust the lot line between lots A and B of Re -4745. As both parcels are served by public water and sewer services we have no concerns with this request. COLORADO DEPARTMENT OF PLANNING and BUILDING SERVICES Weld County Administrative Offices 918 10 Street Greeley CO 80631 WEBSITE: www.co.weld.co.us Phone (970) 353-6100, Ext. 3540 Applicant: NPK Investments, LLC March 9, 2009 Case Number: AmRE-4745 Project: Amended Two -Lot Recorded Exemption Legal: Lots A and B of RE -4745, Part of the NW4 of the Section 26, T8N, R66W of the 6th P.M., Weld County, Colorado. Location: North of and adjacent to State Hwy. 14; west of and adjacent to CR 33. Parcel Number: 0553 26 200037 There is one building permit on record for this parcel, it is final. Prior to the start of construction, alterations or change of occupancy; 1 A building permit application must be completed, and two complete sets plans including engineered foundation plans, stamped and signed by a registered State of Colorado engineer shall be required. 2 A plan review must be approved and permit must be issued prior to the start of construction. 3 Setback and offset distances shall be determined by the 2006 International Building Code and Chapter 23 of the Weld County Code (Offset and setback distances are measured from the farthest projection from the structure). 4 Buildings located within a 100 year flood plain require a Flood Hazard Development Plan. 5 A letter is required from the fire district to ascertain if a FPD permit is required. Sincerely, Robert Powell Building Plans Examiner II Service, Teamwork, Integrity, Quality Wi�Mr" Yc COLORADO Weld County Referral February 18, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant NPK Investments, LLC Case Number AmRE-4745 Please Reply By March 18, 2009 Planner Chris Gathman Project Amended Two -Lot Recorded Exemption Legal Lots A and B of RE -4745; located in Part of the NW4 of Section 26, T8N, R66W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to Carr Street and approximately 1/4 mile south of CR 90. For a more precise location, see legal. Parcel Number 0553 26 200037 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. Dye have reviewed the request and find that it does / does not comply with our Comprehensive Plan We have reviewed the request and find no conflicts with our interests. ❑ See attached letter. ❑ Please notify me of any public hearings regarding this request. Cnmme nts �t/J17.4c//)4a ctic) LU(r � l5/fi� Q�7ddadP e fie y01. /'�/ In Signature Agency Date ❖Weld County Planning Dept. ❖918 10th Street Greeley, CO. 80631 G(970) 353-6100 ext.3540 +(970)304-6498 fax Weld County Referral March 6, 2009 The Weld County Department of Planning Services has received the following item for review: Applicant Thomas & Cynthia Haven Case Number AmRE-4294 Pregla.Roo, B, - , April 6, 2006 Planner Chris Gathman II Project Amended Four -Lot Recorded Exemption Legal Lots A and D of RE -4294; Being part of SW4 of Section 16, T4N, R6OW of the 6th P.M., Weld County, Colorado. Location East of and adjacent to CR 29 and north of and adjacent to Highway a56. For a more precise location, see legal Parcel Number 1057 16 300001 & 1057 16 300004 The application is submitted to you for review and recommendation. Any comments or recorr mendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on It is date may be deemed to be a positive response to the Department of Planning Services, If you have any ft. questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. I•' you desire to examine or obtain this additional information, please call the Department of Planning Services. p We have reviewed the request and find that it does / does not comply with our Comprehensive Plan lEi/We have reviewed the request end find no conflicts with our Interests. ❑ See attached letter. O Please notify me of any public hearings regarding this request. rnmments• Signature Agency -Me24 9 Date •Weld County Planning Dept. +918 10th Street Greeley, Co. 80631 6(970) 3534100 ext.3540 6(9701304.6498 fax 10 'd ZLVE0£E0L6 'ON XVA SNVA3 AO A1I0 WA 9Z:E0 11111 6003-ZI-EVN COLORADO Weld County Planning Depart e t GREELEY OFFICE `�lI/eld County Referral FF 777nnC February 18, 2009 ECEIVED The Weld County Department of Planning Services has received the following item for review: Applicant NPK Investments, LLC Case Number AmRE-4745 Please Reply By March 18, 2009 Planner Chris Gathman Project Amended Two -Lot Recorded Exemption Legal Lots A and B of RE -4745; located in Part of the NW4 of Section 26, T8N, R66W of the 6th P.M., Weld County, Colorado. Location East of and adjacent to Carr Street and approximately 1/4 mile south of CR 90. For a more precise location, see legal. Parcel Number 0553 26 200037 The application is submitted to you for review and recommendation. Any comments or recommendation you consider relevant to this request would be appreciated. Please reply by the above listed date so that we may give full consideration to your recommendation. Any response not received before or on this date may be deemed to be a positive response to the Department of Planning Services. If you have any further questions regarding the application, please call the Planner associated with the request. Please note that new information may be added to applications under review during the review process. If you desire to examine or obtain this additional information, please call the Department of Planning Services. ❑ We have reviewed the request and find that it does / does not comply with our Comprehensive Plan irWe have reviewed the request and find no conflicts with our interests. ❑ See attached letter. ❑ Please notify me of any public hearings regarding this request. Comments. Signature Agency l/ /o7 Date ❖Weld County Planning Dept. +918 10th Street Greeley, CO. 80631 ❖(970) 353-6100 ext.3540 ❖(970)304-6498 fax 10/25/2007 06:56 9708342$r'\ TOWN OF PIERCE ,- PAGE 02 October 17, 2007 To Whom It May Concern: Town of Pierce P.O. Box 57 144 Main Street Pierce, Colorado 80630 Phone: no -834-2851 Fax: no -834-2755 Email: plerctoaovernmen(e)hotmail.00nd The property located at 449 Main Street, in the Town of Pierce, Colorado, Is serviced by the Town sewer system. This property Is not located within the Town limits and pays an outside user fee for sewer service on a monthly basis. This property also pays an outside user fee for water service on a monthly bask. If you have any other questions, please feel free to give me a call at the number listed above. Sincerely, Margaret Barber Town Clerk Town of Pierce I CERTIFICATE OF CONVEYANCES STATE OF COLORADO The FIRST AMERICAN HERITAGE TITLE INSURANCE 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. WELD COUNTY DEPARTMENT OF PLANNING SERVICES LEGAL DESCRIPTION: Lots A and B, Recorded Exemption No. 0553 -26 -2 -RE -4745, according to the map thereof recorded September 16, 2008 at Reception Number 3578312, being a part of the NW '/4 of Section 26, Township 8 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): Reception No. 1584571 Book 663 Reception No. 2641258 Book Reception No. 2739102 Book Reception No. 2979463 Book Reception No. 2988746 Book Reception No. 3323554 Book Reception No. 3578312 Book Reception No. Book 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 construed as an Abstract of Title nor an opinion of Title, nor a guarantee of Title and the liability of FIRST AMERICAN HERITAGE TITLE COMPANY, is hereby limited to the fee paid for this Certificate. In Witness Whereof, FIRST AMERICAN HERITAGE TITLE COMPANY, has caused this certificate to be signed by its proper officer this 4th day of February, 2009, at Greeley, Colorado. First American Heritage Title Company Order No. 824-H023 18,99820-GR By: •P- 1/1JA,.t Authorized Signature 0#33 Berb, Made this 17th day tti February in the year of our Lord one thousand ninebunetred and seventy-two , between EVA M. VENABI,E and EDWARD OLIN VENABLE, Executors of the Estate of OLIN W. VENABLE, Deceased, of the County of Weld , and State of Colorado, of the first part and HAROLD D. LEBSACK and EDITH L. LEBSACK, of the County o[ Weld and State of Colorado, of the sewed part: WiTNFSSE,TH, That the said part ies of the first part, for and in cons5deration of them= of Other Valuable Considerations aad Ten DOLLAR3 to the raid part lea of the first part In hand paid by the said part ice of the second part, the receipt whereof is hereby cottfcsed and aaknowledged, ha VC granted. oargained, sold and conveyed, and by these presents do grant bargain, sell, convey and confirm unto the mid port ice of the second part, their helm and eadgno. forever, all the following described lot or parcel of land eltuate, lying and being to the County of Weld and State of Colorado, to -wit: That part of the Northwest Quarter (NWt) of Section 26, in Township 8 -North, of Range 66 West of the 6th P.M., Weld County, Colorado, described as follows, to -wit Beginning at the northeast corner of the Cave and Priddy Addition to the Town of Pierce; thence North 660.6 feet; thence West 330 feet; thence North to the North line of said Northwest Quarter WW1/4); thence East on the North line of said NIA to the Northwast corner of said Northwest Quarter (NWT); thence South on the East line of said Northwest Quarter (WOto the North line of that certain 10 acre tract excepted in Warranty Deed from L. N. Priddy to H. Bert Cave, recorded in Book 260 at Page 249, of Weld County Records; thence West on the North line of said 10 acres to ni point formed by the intersection of said North line of said 10 acres -with -a prolongation southward of the Fast line of said Cave and Priddy Addition; thence North to the southeast corner of said Cave and Priddy Addition; thence North on the East line of said Cave and Priddy Additio 50 feet o the u_ point of begiing together with one setter tap to the Town o �.serce, bUt re erving unto Grantor all fit, gas and mineral rights and estates. Purchasers bh 1 r a g1aqmea 1 ts of surface damages by reason of severance or the sue ac wir'`ral setsa e> hereditament: and eppurtcmcca thereunto belonging, or In ngywkte appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; mid all the estate, right. Utle, 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 hereditament: and appurtenances, TO HAVE AND TO HOLD the said premises above bargained and described, with apyveyonantw, unto the said part lea of the second parrtheit Biro and assigns forever. And the paid parties of the first pert, for their heirs, executors and administrators, do movement, grant, bargain and agree CO and with the said part ies of the second part, their heirs and IrlI riff, that et the time of wba ioseniiag and delivery of these presents they are well seized of the preotfsea above convoyed, an of good, sure, perfect, ebeoiute and lodefeasible mists of inheritance, to law, In fee simple, and ha Ire good right, full power and lawful authority to grant, bargain, sell and convey the same is manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, aseawnenta and incumbranrrs of whatever hind or nature soevert except subject to Financing Statements of record; reservations, exceptions, covenants, con— ditions and restrictions, rights of way and easemento established on the premises or created by instruments of record, and 1972 taxes due and payablet in 1973, t!gltartragag, iiilifoplet and peaceable possession of the said part ies of the ascend part, their and assigns, against all and every person oc persona lawfully claiming or to claim the whole ear any part thereof, the said pert ies of the that part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The raid parties of the fine part Ira we hereunto- set their bandaad seat; the day and year first above written. ESTATE OP OLIN W. VENABLE , Deceased Slimed, Sealed and Delivered In the presence of Stole Documentary Fero • Cva• /•�H��Lenlfs,Dle--IJ�,�z — "��•) ..,..Dote ..-....rE...gg..Fg„+LJ►i✓l UC_or _.r__(SpfLL) • ?:n-„�.•�• ------- g -swami-011n-veilsble;-'"Exec0tbr..CSFAL) STATE OF COLORADO, County f Weld The foregoing instrument woo acknowledged V ss before me this__. der 1 404E of February 1g. 72 bl_EVA M_• ABLE -end_____.._, ..¢aFto ,•, ,7 ...•. EDWARD OLIN VENABLE, as Executors of the Estate• of }�� *Official OM V. VENABLE, Deceased. ___ • Mailing Address for future Tax Notice-,. P. 0. Pox 24Z, P3glcra-,xxtgT __.. WARRANTY DECO —,o, C. ',PACK( L CO.. COO/CR. COLO Cilia, tla la .i 16. a CeN 0 ht w L L .41 :4 g. sdat o'clocY M-, -.,.,option No. Recorder QUITCLAIM DEED THIS DEED. Made this 14 day of SEPTEMBER ,1998 , between EDITH L. LEBSACK AKA EDITH L. WILLIAMSON of the 'County of WELD and State of Colorado, grantor(s), and HAROLD D. LEBSACK whose legal address is 449 E. MAIN STREET of the TOWN OF PIERCE County of WELD and State of Colorado, grantee(s), WITNESSETH, That the grantor(s), for and in consideration of the sum of ONE AND N0/100 * * * * * * * Dollars the receipt and suthcieacy of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED, and by these presents doES remise, release, sell and QUITCLAIM unto thegrantee(s), HIS heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the grantor(s) ha S in and to the real property, together with improvements, if any, situate, lying and being in the County of WELD and State of Colorado, described as follows: That part of the NW1/4 of Section 26, Township 8 North, Range 66 West of the 6th P -,M., County -of Weld, State of Colorado, described as follows, to -wit: Beginning at the Northeast corner of the Cave and Priddy Addition to the Town of Pierce; thence North 660.6 feet; thence West 330 feet; thence North to the North line of said NW1/4; thence East on the North line of said NW1/4 to the Northeast corner of said NW1/4 thence South on the East line of said NW1/4 to the North line of that certain 10 acre tract excepted in Deed to H. Bert Cave,. recnrdec1 in_ Book. 260- at Page 249i thence West on the North line of said 10 acres to a point formed by the inter- section of said North line of said 10 acres with a prolongation southward of the East line of said Cave and Priddy Addition; thence North to the Southeast corner of said Cave and Priddy Addition; thence North on the East line of said Cave and Priddy Addition 1350 feet to the point of beginning. also known by street and number as: 449 E. Main Street assessor's schedule or parcel number: TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges (hereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of thegrantor(s), either -in law -or -equity; to the only proper use, benefit and behoof of the grantee(s) HIS heirs and assigns forever. IN WITNESS WHEREOF, The grantor(s) ha S executed this deed on the date set forth above. Edith L. bsaFez . AKA Edith L. Williamson STATE OF COLORADO, ENk County of WELD Thelegoing t _County was acknowledged before me this 14th day of SEPTEMBER $y107TH L ACK AKA EDITH L. WILLIAMSON ;s•ptAtfY •s `r= 1 Nk cylilulftNtkpiiI August 16, 1999 Witness my hand and official seal. • e �o F coc ,1998. • )LQ.PAAAUI \,\ .ti t.:43.),... ( . Notary 9,5& 11111111111111111111111111111111111111 Hi 1111111111111 2641258 09/18/1998 02:00P Wald County 40 1- of 1• It 6.00 D- 0.00 JA- Sulu- Touk9enotr msofFlnceetcadro Ne..ireratedivral Dmsrioutatf 3843406 3,C13-51 X=foKktrs.Flts. 5o..t& (-1•AD-},C) (CO6 tO No. 933. Rev. 4.94. QUITCLAIM DEED lindtotd Publishing,1743 Wave 8t, Danner, CO 80202 — t303) 292.2500 — 9.94 1111111 lilli 1NI Il Il1I1 ll1ill li tllllill 114 lilit lilt lilt 2739102 R 0y009D 29.9029P Weld Coun1V CO m°io /02 WARRANTY DEED THIS DEED, Made this 15th day of December , 1999, between Harold D. Lebsack of the County of Weld and State of Colorado grantor, and Marlyn R. DeTienne whose legal addressis 34160 WCR 19, Windsor CO 80550 of the County of Weld and State of Colorado ,grantee: WITNESSETII, That the grantor, for and in consideration of the sum of TWO HUNDRED NINETY NINE THOUSAND AND NO/100 DOLLARS,( $299, 00 D. 00 ), the receipt and sufficiency of which is hereby acknowledged, has grunted, bargained, sold and conveyed. and by these pretests does grant, bargain, sell, convey end confirm, unto he grantee. 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, dexcribed as follows: See Exhibit °A' attached hereto and incorporated herein. also known by stet and number as 449 E. Main Street, Pierce, Colorado 80650 TOGETHER with all and singular the bereditameuts and appurtenances thereunto 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 to the above bargained premises, with the bereditamontc 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 theirs and assigns, that at the time of the canceling and delivery of these presents, he is well seized of the premises above conveyed, has good. sure, perfect, absolute mul intleleasible estate of inheritance, in law, in fee simple, anti has good right, full power and lawful authority Is 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, entatmbrances and race ictions of whatever kind or nature waver, except for texas for the current year, a lien but not yet due or payable, easennnts, restrictions, reservations, coven:its end rights -of -way of rcmrd, If any. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable posses- sion of the grantee, his bees and ensigns, 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 grinders. IN WS WHEREOF, the grantor executed thbs deed on the data set forth above. � f% 'f1 Harald D. sack STATE OF COLORADO COUNTY OF WELD ss. The foregoing instrument was acknowledged before me this 15th Harold D. Lebsack My Commission expires: 1t - Ife -t73 and yad official seal / otar)f P1(hlic ne I. Radecky WARRANTY MD tror Photographic Rend) t*saula wet Pilo0 LR2t233tI99 1 lttl_II 11111111111 iiltl i14i11 li 111!14!1 Ill itlli Iltl litl 2 of 2 R 1211711999 0 00 9O 29.9029P Weld County CO�moto 449 E. Main Street LEGAL DESCRIPTION OF DEED DATED Decembor 15, 1999 That part of the Northwest 1/4 of Section 26, Township 8 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado, described as follows, to -wit: Beginning at the Northeast corner of the Cave and Priddy Addition to the Town of Pierce: thence North 660.6 feet; thence West 330 feet; thence North to the North line of said Northwest 1/4; thence East on the North line of said Northwest 1/4 to the Northeast corner of said Northwest 1/4; thence South on the East line of said Northwest 1/4 to the North line of that certain 10 acre tract excepted in Deed to R. Bert Cave, recorded in Book 260 at Page 249; thence West on the North line of said 10 acres to a point formed by the intersection of said North line of said 10 acres with a prolongation Southward of the East line of said Cave and Priddy Addition; thence North to the Southeast corner of said Cave and Priddy Addition; thence North on the East line of said Cave and Priddy Addition 1350 feet to the Point of Beginning, County of Weld, State of Colorado Filet! LR21233699 O i d C ti �y :Ed;• E ii I. ti '51113 3 ft ;; as -4 3 `i • ¢ xa dE s3 :₹ o 1 », 33 {1 to if 3at Y :e `[ i lFr461. !!f j! ; 22 ., N. ss3 ° 51 i 31"3 s, t a d 4 114'31,:i.1- OO. N agi I.NI,YS EF1 sE !=aiji,ia_e 433 s;y3 YE..s;a &t }gi Es dzd_ 33t:C-pa: 3a ;.; I.?a? aE E 3_ 3 .41,4713 i` fii . a1'73yY5 T it t'si E3"tEbpi';"Si ill ES iiiiiilliliiii! i•S Laj38-3< °iit LIG'15311�3 •1#s§m3 jgl.; 15fi F ' 'e�E14 Igt .'a 1. 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Rr@ :3i Ali B9 Pia !d�:EL '3t� l:'aP YE"2: 4tS .i�3 5 lPCfE6 lF2 a, rSa� =i;y� ai ■� �� N gg 5 S020-M)NV1 •OV7a3NV sow,-23M1fl AN aQr tV•SIVin .4111.12713 ai �4 tin u�n. ittttttIUttttttttiHH non US M�WNat A' 7L—ice'' II A. ,;31,: 11.747 kkS :13% Ihhd Iii it i G�:4s F'Et3�� -3lil ii a=d! sij 1. �i=Ef it;3 i i1.1;1 a CLF pt t4x"1 sillq f• El $$da :d�A t`P ? $ Z5Pa5 f" ;;j1:1!: t "#83 §53 ri g F y;Eg iri E�:a'- .553 P=P I E 1 S: a; s j 11E ;a' EJ{ WI ; 1? 1:!1jPNfigf3Sglel 44: ; PS Ia . .E!tE M; 9I bsP 8f i 'r13; ° .3.4:4 a15 :'Y* fi ₹: iI blip $a � 333 IN;I filli it blip 4 5ii 33 3ill. !333.314;1513:;3;tai .°at 9 .wxi lul.w,.2 SC 3D, • 'L 9 I Illlil Ilgl 1111111 ! I I Ili 1111111111 III !Ill! 2988746 09118/2002 02:26P Weld County, CD 1 of 1 R 6.00 D 16.63 J.A. "Saki" Tsukamoto WARRANTY DEED THIS DEED, Made this 13th day of September , 2002, between Marlyn R. DeTienne of the County of Weld and State of Colorado grantor, and UIV Land LLC, A Colorado Limited Liability Company 16529 WCR 70, Greeley, Co 80631 whiter legal address is qq7 7 NV Nth/OV NYE risk[ 1 Ng1141/r c s / /n9'gv4' of the County of Weld and State of Colorado ,grantee WITNESSETH, That the grantor, for and in consideration of the turn of ONE iIUNDRED SIXTY SIX THOUSAND TWO HUNDRED FIFTY AND NO/100 DOLLARS, ($166, 250. 00 ), 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 grantee, 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: Lot A, Recorded Exemption NO. 0553-26-2 RE3307, Being a portion of the Northwest Quarter of Section 26, Township 8 North, Range 66 West of the 6th P.M., recorded August 20, 2002 at Reception No. 2979463, county of Weld, State of Colorado also known by street and number as 449 East Main Street, Pierce, Colorado 80650 TOGETHER with all and singular the hereditaments and upper:entrees thereunto 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 to the above bargained premises, with the hereditaments and appertenances. 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 seined of the premises above conveyed. has good, .sure. perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and lint good right, full power end lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that die same are free cnd clear from all former and other grants, bargains, sales, liens, tones, assessments, encumbrances and restrictions of whatever kind or nature soccer, except for taxes for the currentywr, a lien but not yet due and payable, and those specific Exceptions described by reference to recorded docunteuts us reflected in the Title Documents accepted by Buyer In accordance with section 8a [Title Review], of the contract dated September 4, 2002 , between the parties. The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable pos ses- sion of the grantee, his heirs and assigns, agains: all and every person or persons lawfully claiming the whole or ony part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall he applicable to all gender:: IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. a /1 5 �1l :riU .. IDeienne rJ✓rt K STATE OF COLORADO COUNTY OF \ QX ss ifyGoausissine Fires f 11103 The foregoing instrument was acknowledged before me this 13 th day of Septembe r , 2.502 by Marlyn R. DeTienne My Commission expires: November 16, 2003 Wi es myha`fyty.,.fit al sea Notary P Anne I. Radecky WARRANTY DEED (nor Pk wool, hie Record) (sascorwa) He E R5511550'5 (1 l 1111111111111111111111 IIJIll Ill 1111111 Ill IIII11111(III 3323564 09/16/2006 02 13P Weld County, Ca I of 1 R 6.00 0 0.00 Stave Moreno Clerk & Recorder After Recording Return to: N PEA Investments 16529 Cunnty Road 70 Greeley, C:O 8C631 (( WARRANTY DEED This Deed, made l 2005, Between U1V Land„ a C for ado limited liability company of the County Weld, State of COLORADO, grantor(s) and NPK Investments, a Colorado limited liability company, whose legal address isI6529 Weld County Road 70, Greeley, CO 80631 County of Weld, and State of COLORADO, grantee. WITNESS, That the grantor, for and in the consideration of the sum of Ten and 00/100ths ($10.00) 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 grantee, their heirs and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Weld, State of COLORADO described as follows: Lot A, Recorded Exemption No. 0553-26-2 RE3307, being a portion of the Northwest Quarter of Section 26, Township S North, Range 66 West of the 61°' P.M., recorded August 20, 2002 at Reccpton No. 2979463, County of Weld, State of Colorado This deed is exempt from payment of the documentary fee pursuant to C.R.S. 39-13.-104(1)(b) also known by street and number as 449 East Main Street, Pierce, CO 80610 TOGETHER with all and singular hereditaments and appurtenances, thereunto belonging, or its 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 to the above bargained premises, with the hcreditamer.ls and appurtenances. TO HAVE AND TO HOLD 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 enscaling 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, fell power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same arc free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind of nature so ever, 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 end 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 on the date set forth above. SELLER. U Lan LLC,Colorado Limited Liability Compan By Nolan Ulmer, Member STATE, OF COLORADO COUNTY OF WELD r The foregoing instrument was aclmowledgcd, subscribed and sworn to before me 15 �0 J 2005 by Nolan Ulmer as Member of I;IV Land, LLC, a Colorado Limited Liability Co party. � r3z tt ,• v) • My Commission Erpiros r r/r1/2007 Witness my hand and official seal. WD-Waranty Deed los: tab le My Commission expires: 11111111110 IIct x'11111111111111111111 III 11111 IIII IIII 1 1 R 6.00 D 0 0 10 0 Steve Moreno /2009 2:41P Weld County, ofClerk & Recorder QUITCLAIM DEED THIS DEED is dated November between At, AML Brian Carpenterthe "Grantor," of the (whether one, or more than one), County of and State of Weld Colorado Brian Carpenter - (whether one, or more than one), the "Grantee," whose legal address is 449 East Maino treenty t of the Pierce, CO 80650 Weld WITNESS, that the Grantor, for and in consideration of the sum of , 20 09, and is made and and State of Colorado TEN DOLLARS,($ 10.00 ), the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release, sell and QUITCLAIM unto the Grantee and the Grantee's heirs and assigns, forever, all the right, title,interest, claim and demand which the Grantor has in and to the real property, together with any improvements thereon, located in the County of Weld and State of Colorado, described as follows: A tract of land being Lot B, Corrected Amended Recorded Exemption Corrected AMRE-4745, located in Section Twenty-Six(26), Township Eight (8) North, Range Sixty -Six (66) West of the 6th Principal Meridian, Weld County, Colorado. also known by street address as: and assessor's schedule or parcel number:# 055326200045 TO HAVE 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 Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee, and the Grantee's heirs and assigns, forever. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. Brian Carpenter STATE OF COLORADO County of 66# (d The foregoing instrument was acknowledged before meahis.>,Ord day of /1.1cr'LN7 her ss. , 200 r1' by Av7vre l22CG elic?*/ 7 e`l Witness my hand and official seal. ya My commission expires: Tit /c, a¢s Zd l l m a -t !;oat art 7S2 *Insert "City and where applicable. 1LiJotary P.ahli Allesand Associates, Inc., 428 N' . fie e, CO 80645 Name and Address of Person Creating Newly Created Legal Description (I 38-35-106.5, C.R.S.) No. 933. Rev. I-06. QUITCLAIM DEED rn 20702 — (3031 292-2500 — www.bradfordpublishingcom — 6-07 STATE OF COLORADO I II!' 'fill 111111111111 HI 11111!111111 III III! 1111 II II 365b-._,. 11/10/2009 02:41P Weld County, CO 1 of 1 R 6.00 0 0 00 Steve Moreno Clerk & Recorder THIS DEED is dated between QUITCLAIM DEED November , 20 09 and i8 made NPK Investments (whether one, or more than one), the "Grantor," of the County of Weld and State of and _ Colorado NPK Investments Nether one, or more than one), the "Grantee," whose legal address is of the Greeley, CO 80631 County of Weld and State of - Colorado WITNESS, that the Grantor, for and in consideration of the sum of lEN DOLLARS, (s 10.00 ) the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release, sell and QUITCLAIM unto the Grantee and the Grantee's heirs and assigns, forever, all the right, title, interest, claim and demand which the Grantor has in and to the real property, together with any improvements thereon, located in the County of Weld and State of Colorado, described as follows: 16529 CR 70 A tract of land being Lot A, Corrected Amended Recorded Exemption Corrected AMRE-4745,located in Section Twenty-Six(26), Township Eight (8) North, Range Sixty -Six (66) West of the 6th Principal Meridian, Weld County, Colorado. also known by street address as: and assessor's schedule or parcel number: # 055326200044 TO HAVE AND TO BOLD 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 Grantor, either in law or equity, t the only proper use, benefit and behoof of the Grantee, and the Grantee's heirs and assigns, forever. N I NEB 5' WHEREOF, the Grantor has executed this deed on the date set forth above. ThItt by County of WE/ -b ss. The foregoing instrument was acknowledged before 3rd. ,7 •-_,by /4vinP • P4CI-41(C", ALAN`1 & .• NO fitness my hand and official seal m • I 'f My commission expires: ; -111 'r' ,fulyzti12�P -,.-o <: t0 C s2 *Insert "City and" where applicable. oT • c+ �'�` .. L (Rotarytbli day of /Jc ti e,71 her ,20O 9 Alles and Associates Inc. 428 °alle CO 80645 Name and Address of Person Creating Newly Created Legal Description (§ 31-35-106.5, C.R.S.) No. 933. Rev. 1-06. QUITCLAIM DEED 1t Bradford Publishing, 1743 Wazee St., Denver, CO 80202 — (303) 292-2500 — www.bradfordpublishing.corn — 6-0 ,�4 COMBINED COURT, WELD COUNTY, COLORADO Court Address: PO BOX 2038 915 10TH STREET GREELEY, CO 80632-0000 eRecorded in Wele aunty, CO 06/02/200902:38E Page: 1 of 2 Steve Moreno, Cleric ^nd Rc Doc Id: 3626945 Receipt#: 7415299 Total Fee: $11.00 cord Plaintiff: BANK OF CHOICE Defendant: ULMER, NOLAN et al COURT USE ONLY Case Number: 09CV-000211 Div.: 10 TRANSCRIPT OF JUDGMENT Original Judgment Amount$318,879.51 Revived Judgment Amount: $.00 Judgment Status: UNSATISFIED Additional Remarks: JOINT AND SEVERAL Debtor(s): NOLAN ULMER WCR 70 II LLC UIV LAND LLC PLATTE RIVER BOTTOM LLC STERLING LAND INVESTMENTS NPK INVESTMENTS LLC JNL INVESTMENTS LLC UIV PROPERTIES RS LLC COYOTE LAND HOLDING LLC REN 9 LLC Judgment Date: May 28, 2009 Judgment Date: LLC creditor(s): BANK OF CHOICE, OTIS CORN & PETERS, 1812 56TH AVENUE, GREELEY, CO 80634 (Continued) eRecorded in Wel( )unty, CO Doc Id: 3626945 06/02/2009 02:38 P Receipt#: 7415299 Page: 2 of 2 Total Fee: $11.00 Steve Moreno, Clerk and Recorder COMBINED COURT, WELD COUNTY, COLORADO PAGE: 2 CASE NO. 09CV-000211 Division 10 (Continued) Judgment Amount: $318,879.51 Judgment Date; May 28, 2009 Balance of Judgment to Date: $318,879.51 I hereby certify that the above is a true and complete transcript of the judgment in the above -referenced case which is retained in my office. DATE: June 02, 2009 BY Catherine L Walker Clerk of Court MBINED COURT, WELD CO eputy Clerk 75 1 1111 11111 111111 11111 I11 mI( U11111 III 111111111 II11 3522175 05/12/2009 03:41P Weld County, CO 1 01 1 B 6.00 0 0.00 Steve Moreno Clerk & Recorder Original Note and Deed of Trust Returned to: WHEN RECORDED RETURN TO: Advantage Bank, 4532 McMurry Ave, Ste 00, Ft Collins Barb Van Every Prepared/Received by REQUEST FOR FULL ❑ / PARTIAL RELEASE OF DEED OF TRUST AND RELEASOWNER OF INDEBTEDNESS WITHOUT PRODUCTION OF EVIDENCE OF DEBT PURSUANT TO §3839-102 (I) (a) AND (3.5), COLORADO REVISED STATUTES) May I, 2009 #87681 NPK Investments, LLC a Colorado Limited Liability Company Advantage Bank October 31, 2008 November 10, 2008 Weld County 3588841 County Rcpt. No. and/or Film No. and/or Book/Page No. and/or Torrens Reg. No. Date Original Grantor (Borrower) Original Beneficiary (Lender) Date of Deed of Trust Date of Recording and/or Re -Recording of Deed of Trust Recording Information TO THE PUBLIC TRUSTEE OF Weld COUNTY (The County of the Public Trustee who is the appropriate grantee to whom the above Deed of Trust should grant an interest in the property described in the Deed of Trust.) PLEASE EXECUTE AND RECORD A RELEASE OF THE DEED OF TRUST DESCRIBED ABOVE. The indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of Trust has been fully or partially satisfied in regard to the property encumbered by the Deed of Trust as described therein as to a full release or, in the event of a partial release, only that portion of the real property described as: Parcel I: Lots A and B, Recorded Exemption No 0553-26-2 RE -4745, Recorded September 16, 2008 at Reception No. 35'78312, Located in the NW 1/4 of Section 26, Township 8 North, Range 66 West of the 6's P.M., County of Weld, State of Colorado. Pursuant to § 38-39-102 (3.5), Colorado Revised Statutes, in support of this Request for Release of Deed of Trust, the undersigned, as the owner of the evidence of debt secured by the Deed of Trust described above, in lieu of the production or exhibition of the original evidence of debt with this Request for Release, certifies as follows: 1. The purpose of the Deed of Trust has been fully or partially satisfied. 2. The original evidence of debt is not being exhibited or produced herewith. 3. The owner of the evidence of debt agrees that it is obligated to indemnify the Public Trustee pursuant to § 38-39-102 (3.5) (a). Colorado Revised Statutes, for any and all damages, costs, liabilities, and reasonable attorney fees incurred as a result of the action of the Public Trustee taken in accordance with this Request for Release. 4. It is one of the entities described in § 38-39-102 (3.5) (b), Colorado Revised Statutes. Advantage Bank 4532 McMuny Avenue, Ste 1O0 Ft Collins, CO 80525 NllrlawlrNM Name and Address of Current Owner and Holder of the Indebtedness Secured by Deed of Trust (Lender) �N . Ayers • aj� Jeff R Johnson, Vice President� •••••• F Name, `tlp aad'%tddress of Officer, Agent, or Attorney ofCunent Owner and Holder }{► rte ' ..*(1 i rnnnu0N• Sign Signature Star of , Colorado , County of Lorimer The foregoing Request for Release was acknowledged before me on May I, 2009 (date) by* Jeff R Johnson, Vice President August 19, 2012 Date Commission Expires *If applicable, insert ride of officer and name ofeonect owner and holder Notary Public RELEASE OF DEED OF TRUST WHEREAS, the Grantor(s) named above, by Deed of Trust, granted certain real property described in the Deed of Trust to the Public Trustee of the County referenced above, in the State of Colorado, to be held in trust to secure the payment of the indebtedness referred to therein; and WHEREAS, the indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of Trust has been fully or partially satisfied according to the written request of the current owner and holder of the indebtedness; NOW THEREFORE, in consideration of the premises and the payment of the statutory sum, receipt of which is hereby acknowledged, I, as the Public Trustee in the County named above, do hereby fully and absolutely release, cancel and forever discharge the Deed of Trust or that portion of the real property described above in the Deed of Trust, together with all privileges and appurtenances thereto belonging. I.1',1111;c lln;t ti u: t wily; ra:c approo i;ue i:dx•i r etA witness my hand, d official seal Public rice tan S dl Suusie.Velasquez _((japplicab/e. Name and Address of Person CritoinglRl uni erDescription as Required by 5 38.35-106.5, Colorado Revised Stables) Rev. 07/07 C 2007 CPTA. All Rights reserved. 864 111111111 111111 IIII1r r IIII)111li111111111IIII Pill 3646864 09/03/2009 03:36P Weld County, CO 1 of 1 ft 6.00 D 0.00 Steve Moreno Clerk & Recorder Original Note and Deed of Trust Returned to: Advantage Bank 4532 McMurry Ave., Ste. 100 Fort Collins, CO 80525 WHEN RECORDED RETURN TO: Prepared/Received by: Russ Valencia, Loan Specialist REQUEST FOR FULL X / PARTIAL RELEASE OF DEED OF TRUST AND RELEASE By OWNER OF INDEBTEDNESS WITHOUT PRODUCTION OF i:V I DENCE OF DEBT PURSUANT TO g 38.39-102 (1) (a), COLORADO REVISED STATUTES August ;1, 2009 NPK Investments, LLC #87681 Advantage Bank October 31, 2008 November 10, 2008 #3588841 County Rcpt. No. and/or Film No. and/or Book/Page No. and/or Torrens Reg. No. Date Original Grantor (Borrower) Original Beneficiary (Lender) Date of Deed of Trust Date of Recording and/or Re -Recording of Deed of Trust Recording Information TO THE PUBLIC TRUSTEE OF Weld COUNTY (The County of the Public Trustee who is the appropriate grantee to whom the above Deed of Trust should grant an interest in the properly described in the Deed of Trust.) PLEASE EXECUTE AND RECORD A RELEASE OF THE DEED OF TRUST DESCRIBED ABOVE. The indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of Trust has been fully or partially satisfied in regard to the property encumbered by the Deed of Trust as described therein as to a full release or, in the event of a partial release, only that portion of the real property described as: Th ssTna st T foregoing Request for Release was acknowledged before me on August 31, 2009 (date) by* Jeff Johnson, Vice President of Advantage Bank Advantage Bank Name and Address of Current Owner and I folder of the Indebtedness Secured by Deed of Trust (Lender) efJohnson, Vice President of Advantage Bank Title ddress of Officer, Agent, or Attorney of Current Owner and Holder , County of Weld Signature August 25, 2010 Date Commission Expires *If applicable, insert tide of officer and name of current owner and holder Notary Public PARTIAL RELEASE OF DEED OF TRUST WHEREAS, the Grantor(s) named above , by Deed of Trust, granted certain real property described in the Deed of Trust to the Public Trustee of the County referenced above, in the State of Colorado, to be held in trust to secure the payment of the indebtedness referred to therein; and WHEREAS, the indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of Trust has been fully or partially satisfied according to the written request of the current owner and holder of the indebtedness; NOW THEREFORE, in consideration of the premises and the payment of the statutory sum, receipt of which is hereby acknowledged, I, as the Public Trustee in the County named above, do hereby fully and absolutely release, cancel and forever discharge the Deed of Trust or that portion of the real property described above in the Deed of Trust, together with all privileges and appurtenances thereto belonging. i i•u1,4ir I rnefr. :MC ',Illy: ,n, appcapri. n: lahth ublic Trustee tII:rpplicollfe. Nolary Scala (If applicable. Name and Address afPerson Creating New Legal i 3(e screed by § 38-35-1065, Colorado Revised Statutes.) © 2007 CVr.A. All Rights reserved. Rev. 07/07 111111 Iilll 11111111111 III`,it 1111111 III VIII 1111 Ill1 3588841 11/10/2008 11:17A Weld County, CO 1 of 8 R 41 00 0 0.00 Steve Moreno Clerk 8 Recorder 841 RECORDATION REQUESTED BY: Advantage Bank Fort Collins Office 4532 McMurry Ave. STE #100 Fort Collins, CO 80525 WHEN RECORDED MAIL TO: Advantage Bank Fort Collins Office 4532 McMurry Ave. STE #100 Fort Collins. CO 80525 FOR RECORDER'S USE ONLY DEED OF TRUST MAXIMUM PRINCIPAL AMOUNT SECURED. The Lien of this Deed of Trust shall not exceed at any one time $2,250,000.00 except es allowed under applicable Colorado law. THIS DEED OF TRUST is dated October 31, 2008, among NPK Investments, LLC; A Colorado Limited Liability Company ("Grantor"); Advantage Bank, whose address is Fort Collins Office, 4532 McMurry Ave. STE #100, Fort Collins, CO 80525 (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 irrigation 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: See Attached "Exhibit A" The Real Property or its address is commonly known as 16663 Weld County Road 394 and 449 East Main St, LaSalle, CO 80645. CROSS•COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of either Grantor or Borrower to Lender, or any one or more of them, as well as all claims by Lender against Borrower and Grantor or any one or more 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, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Borrower or 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 limitations, end whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Grantor presently assigns to Lender (also known as Beneficiary in this Deed of Trustl all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest In the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS ANC PERSONAL PROPERTY, IS GIVEN TO SECURE (AI PAYMENT OF THE INDEBTEDNESS AND (BI PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: lal this Deed of Trust is executed at Borrower's request and not at the request of Lender; ₹bl Grantor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the Property; (c) the provisions of this Deed of Trust do not conflict with. or result in a default under any agreement or other instrument binding upon Grantor and do not result in a violation of any law, regulation, court decree or order applicable to Grantor; (dl Grantor has established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (el Lender has made no representation to Grantor about Borrower (including without limitation the creditworthiness of Borrowed, GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action' or "anti -deficiency" law, or any other law which may prevent Lender from bringing any action against Grantor, including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise o₹ a power of sale. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Grantor shall pay to Lender all Indebtedness secured by this Deed o₹ Trust as it becomes due, and Borrower and Grantor shall strictly perform all their respective obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's possession and use of the Property shall be governed by the following provisions: Possession end Use. Until the occurrence of an Event of Default, Grantor may (i) remain in possession and control of the Property; 121 use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shell maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: Ill During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, fa) any broach or violation of any Environmental Laws, Ibl any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, la) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any'Hazardous Substance on, under, about or from the Property: and OR any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its i 1111111111111111111111 r �ri1r 111ur1 iii 11111 till 1111 3588841 11110/2008 11:17A Weld County, CO 2 of 8 R 41.00 D 0.00 Steve Moreno Clerk& Recorder Loan No: 87681 DEED OF TRUST (Continued) Page 2 agents to enter upon the Property to make such inspections and tests. at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby 11) 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; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, 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 occurring prior to Grantor's ownership or interest in the Property. whether or not the same 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 and reconveyance of the lien of this 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 shall 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 oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Remove) of Improvements. Grantor shall riot 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 Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's 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. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in 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 and withhold compliance during any proceeding, including appropriate appeals, so long as 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 are not jeopardized. Lender may require Grantor 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 SY LENDER. Lender may, at Lender's option, declare immediately due and payable at 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 "sate or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, 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 interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of en interest in the Real Property. If any Grantor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent 125%) of the voting stock, partnership interests or limited liability company interests, as the case may be, of such Grantor. However, this option shell not be exercised by Lender if such exercise is prohibited by federal law or by Colorado law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: Payment. Grantor shall pay when due land in all events prior to delinquency) all Sexes. special taxes, assessments, charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall 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 liens 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 filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after 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 band or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen 115) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials and the cost exceeds $1,000.00. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. 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 and maintain policies of fire insurance with standard extended coverage endorsements on a lair value 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 shell 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 shall maintain such other insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall 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 policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least thirty (301 days prior written notice to Lender. Each insurance policy also shall include an 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 and 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 maximum policy limits set under the National Flood 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 damage to the Property if the estimated cost of repair or replacement exceeds $ 1,000.00. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the 4Tv 1111111 IIII! 1111111 II1111111111C,,ll4 !II 11111 IIII IIII 3588841 11/1012008 11:17A Weld County, CO 3 al 8 R 41.00 0 0.00 Steve Moreno Clerk & Recorder Loan No: 87681 DEED OF TRUST (Continued) Page 3 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 lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds 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 Trust. 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 Property 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 full 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 char once a year, Grantor shall furnish to Lender a report on each existing policy of insurance showing: Ill the name of the insurer; 12) the risks insured; 13) the amount of the policy; 141 the property insured, the then current replacement value of such property, and the manner of determining that value; and 15) 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 it Grantor fails 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 arty amounts Grantor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on 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 all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on 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 Lender's option, will (A) be payable on demand; iB) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either Ill the term of any applicable insurance policy; or (2) the remaining term of the Note; or ICI be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust 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. 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: fa) Grantor holds good and marketable title of record to the Property in fee simple, free and clear 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 Deed of Trust, and (b) Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender, Defense of Tine. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all parsons. 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 Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, 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. Compliance 1Mth Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations end Warranties. All representations, warranties, and agreements made by Grantor in this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect until such time as Borrower'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 Lander in writing, and Grantor shall 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 in the proceeding and to he represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered 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 part 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 all or sty 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 are a part of this Deed of Trust: Current Taxes, Fees and Charges, Upon request by Lender, Grantor shall 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 lien on the Reel Property. Grantor shall reimburse Lender for ell taxes, as described 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 Trust, 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 Borrower which Borrower 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 14► a specific tax on at or any portion of the Indebtedness or on payments of principal and interest made by Borrower. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or ether security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a 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 party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shad take whatever action is requested by Lender to perfect and continue Lender's 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. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property I IIIIII 11111 111111 1101 III 11111 Ell 1111 3588841 11110/2008 11:17A Weld County, CO 4 of 8 R 41.00 D 0.00 Steve Moreno Clerk & Recorder Loan No: 87681 DEED OF TRUST (Continued) Page 4 from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (31 days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Deed of Trust may be obtained leach as required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and attorney -in -fact are a part 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, refilel, 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) Borrower's and Grantor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and 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-lreFact. If Grantor fails 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 Lender 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 Lender's 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 shall 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 shah 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 Trust: Payment Default. Borrower fails to make any payment when due under the Indebtedness. Other Defaults. Borrower or Grantor fails to comply with or to perform any other term, 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 term, obligation, covenant or condition contained in any other agreement between Lender and Borrower or Grantor. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or in 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. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Grantor or on Borrower's or 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 time made or furnished or becomes false or misleading at any time thereafter. Defective Collateralizatlon. This Deed of Trust 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 lime and for any reason. Death or Insolvency. The dissolution of Grantor's (regardless of whether election to continue is made), any member withdraws from the limited liability company, or any other termination of Borrower's or Grantor's existence as a going business or the death of any member, the insolvency of Borrower or Grantor, the appointment of a receiver for any part of Borrower's or 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 laws by or against Borrower or 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 Borrower or Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Borrower's or Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower or Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower or 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 an 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 Borrower or Grantor under the terms of any other agreement between Borrower or 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 Borrower or Grantor to Lender, whether existing now or later. 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 Borrower's or Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. Right to Cure. 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 1121 months, it may be cured if Grantor, after receiving written notice from Lender demanding cure of such default: (1) cures the default within twenty (20) days; or (21 if the cure requires more than twenty 1201 days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all 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, at any time 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 under 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 Borrower or Grantor to declare the entire Indebtedness immediately due and payable, including any prepayment penalty which Borrower would be required to pay. Foreclosure. Lender shall have the right to cause all or any part of the Real Property, and Personal Property, if Lender decides to 111111111111111 1111111II111 III 1111111 ill 1111111111111 3588841 11110(2008 11:17A Weld County, CO 5 of 8 R 41.00 D 0.00 Steve Moreno Clerk & Recorder DEED OF TRUST Loan No: 87681 (Continued) Page 5 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: Ia) to all costs and expenses of the sale. including but not limited to Trustee's fees, attorneys' fees, and the cost of title evidence; Ibl to all sums secured by this Deed of Trust and fc1 the excess, 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 of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Borrower or Grantor to take possession of and manage the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's coats, against the Indebtedness. In furtherance of this right. Lender may require any 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 as Grantor's attorney -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 made, whether or not any proper grounds for the demand existed. Lender 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 pert 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 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 Shall not disqualify a person from serving as a receiver. Receiver may be appointed by a court of competent jurisdiction upon ex pane application and without notice, notice being 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 Borrower or Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option. either (1) pay a reasonable rental for the use of the Property, or (21 vacate the Property immediately upon the demand of Lender. Other Remedies, Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or available at law or in equity. Sale of the Property. In exercising its rights and remedies, Lender shall be free to designate on or before it fifes a notice of election and demand with the Trustee, that the Trustee sell all or any part of the Property together or separately, in one sale 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 at such sale, it shall be entitled to use and apply all, 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; Expenses. If Lender forecloses or institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shad be entitled to recover such sum as the court may adjudge reasonable as 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 expanses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall 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, 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 tees, title I I1111111111111111 fill! 111111 III 1111111u rtllll IIII IIII 3588841 11/10/2008 11:17A Weld County, CO 8 of 8 R 41.00 D 0.00 Steve Moreno Clerk & Recorder LEGAL DESCRIPTION PARCEL I: LOTS A AND B, RECORDED EXEMPTION NO 0553-26.2 RE -4745, RECORDED SEPTEMBER 16, 2008 AT RECEPTION NO. 3578312, LOCATED IN THE NW 1/4 OF SECTION 26, TOWNSHIP 8 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO AND PARCEL H: A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 4 NORTH, RANGE 66 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 2 AND CONSIDERING THE NORTH LINE OF THE NORTHEAST CORNER OF SAID SECTION 2 TO BEAR NORTH 88 DEGREES 54 MINUTES 31 SECONDS WEST, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE SOUTH 65 DEGREES 16 MINUTES 02 SECONDS WEST, ALONG THE NORTH RIGHT-OF-WAY LINE OF A COUNTY ROAD: 2123.51 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 65 DEGREES 16 MINUTES 02 SECONDS WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID COUNTY ROAD, 795.06 FEET; THENCE NORTH 00 DEGREES 12 MINUTES 09 SECONDS EAST, 577.69 FEET TO A POINT ON THE CENTERLINE OF THE GODFREY DITCH; THENCE ALONG THE CENTERLINE OF SAID GODFREY DITCH BY THE FOLLOWING TWO COURSES AND DISTANCES; NORTH 41 DEGREES 58 MINUTES 05 SECONDS EAST, 120.92 FEET; NORTH 54 DEGREES 40 MINUTES 15 SECONDS EAST, 13.88 FEET; THENCE SOUTH 24 DEGREES 43 MINUTES 58 SECONDS EAST 374.22 FEET; THENCE NORTH 65 DEGREES 16 MINUTES 02 SECONDS WEST 426.80 FEET; THENCE SOUTH 24 DEGREES 43 MINUTES 58 SECONDS EAST 200.00 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF WELD, STATE OF COLORADO. 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