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Home My WebLink About20091096.tiffRESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION ZCV #0900033 AGAINST DANNY AND SOMER CONCELMAN FOR VIOLATION OF THE WELD COUNTY CODE 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, Danny and Somer Concelman, ZCV #0900033, are allegedly in violation of the Weld County Code, and WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has not been corrected, and WHEREAS, on the 12th day of May, 2009, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Danny and Somer Concelman were not present or represented at said hearing, although all parties were notified of said hearing by Department of Planning Services staff, and WHEREAS, the Board deems it advisable to bring legal action against those individuals named above to correct said violation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Weld County Attorney be, and hereby is, authorized to proceed with legal action against Danny and Somer Concelman to remedy the violation of the Weld County Code, and any other persons occupying the properties, any persons claiming an interest in the properties, and any persons acting in active concert with the identified parties. 2009-1096 c° . , c 0 9 07 PL0824 VIOLATIONS - ZCV #0900033 - DANNY AND SOMER CONCELMAN PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 12th day of May, A.D., 2009. BOARD OF COUNTY COMMISSIONERS WELD C T OLORADO ATTEST: Weld County Clerk to the Board BY: Deputy erk to the Board County Attorney Date of signature. Garcia, Chair try Rademac er, Pro -Tern r s` Sean P. Conway EXCUSED David E. Long s/a 7/d7 2009-1096 PL0824 Violation Summary Report BASIC INFORMATION CONCELMAN DANNY & SOMER 11020 CR 25 1/2 Tenant: Compliance Officer: Violation Number: Situs Address: Legal: Location: FORT LUPTON, CO 80621 Bethany Salzman ZCV09-00033 11020 CR 25.5 16072-C PT E2SE4 6 2 66 BEG 60'N & 30'E OF SW COR OF E2SE4 THENCE E140' N250' W140' THENCE S250' TO BEG SITUS: 11020 25.5 CR WELD 80621 Location North South East West East of and adjacent to CR 25.5 and North of and adjacent toCR24 Agriculturally Zoned properties Agriculturally Zoned properties Agriculturally Zoned properties and Hwy 85 Agriculturally Zoned properties Parcel Number: 130906000028-R5162486 Acreage: 0.74 Certified Mail Date: 04/01/2009 Currently the property is in violation of: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.1 Noncommercial Junkyard. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights -of -way or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights -of -way. SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. REMEDY While the presence of a NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES, iron/metal, tires and miscellaneous debris is an allowed use within the Agriculture Zone District, it must be completely SCREENED from all adjacent properties and public rights -of -ways; otherwise, any Derelict Vehicles shall be operational at all times and evidence of current registrations shall be submitted to this office. 2009-1096 Violation Summary Report RECOMMENDATION The Department of Planning Services recommends this case be forwarded to the County Attorney's Office for immediate legal action. LETTER HISTORY 02/17/2009 • Complaint Validated 02/17/2009 LTTR: 5 Day Letter 02/24/2009 LTTR: Violation Notice 04/01/2009 LTTR: Hearing Notification OTHER CASE HISTORY 02/05/2009 Property Inspected 03/31/2009 Property Inspected 04/08/2009 Certified Mail Receipt Upon a visual inspection of the property, the following items were noted: Noncommercial Junkyard consisting of Derelict Vehicles, iron/metal and miscellaneous debris. No pictures were taken during this inspection. Upon a visual inspection of the property, the following items were noted: several derelict vehicles, iron/metal, tires and miscellaneous debris. No pictures were taken during this inspection. Certified Receipt received - signed. to 1110c COLORADO April 01, 2009 CONCELMAN DANNY & SOMER 11020 CR 25 1/2 FORT LUPTON, CO 80621 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E -Mail: bsalzman@co.weld.co.us Case: ZCV09-00033 Legal Description: 16072-C PT E2SE4 6 2 66 BEG 60'N & 30'E OF SW COR OF E2SE4 THENCE E140' N250' W140' THENCE S250' TO BEG SITUS: 11020 25.5 CR WELD 80621 Dear CONCELMAN DANNY & SOMER: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on: .05/12/2009 10:00 AM The above mentioned property remains in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.1 Noncommercial Junkyard. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights -of -way or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights -of -way SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Page 1 of 2 stiavn WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E -Mail: bsalzman@co.weld.co.us Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. To bring your property into compliance with the Weld County Code: While the presence of a NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLE iron/metal, tires and miscellaneous debris is an allowed use within the Agriculture Zone District, it must be completely SCREENED from all adjacent properties and public rights -of -ways; otherwise, any Derelict Vehicles shall be operational at all times and evidence of current registrations shall be submitted to this office. This hearing will take place in the County Commissioners Hearing Room, first floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a representative be in attendance to answer any questions the Board of County Commissioners might have about the violations. Please also be advised that I will be taking video and/or pictures from the road or adjacent properties the business day before or as soon as possible to the above mentioned Violation Hearing date. The Department of Planning Services' staff will be recommending that the Board of County Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that you were made aware of the nature of the violation including the action necessary to correct the violation, and that you were given sufficient time to remedy this violation. If you have any questions concerning this matter, please call me. Sincerely, ethany Salznitn Zoning Compliance Officer II pc: ZCV09-00033 ru ra ra 0004 7353 O Q rR O O r U.S. Postal ServiceT,, CERTIFIED MAIL,, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark Here Sent t, Apt tr / , "�t 4 or PO Box No. i„\/ o c_t 2€)r/j St PO No. City, Stare. ZIPCity State. +d 4 cc, :rr Page 2 of 2 SENDER: COMPLETE THIS SECTION • Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailplece, or on the front if space permits. COMPLETE THIS SECTION ON DELIVERY cure _ B./,Ae�celved by (Printted�N Lo 'rIL x. D. Is delivery address ditto 1. Article Addressed to: \D2o Cs. Z5'It Cat qty filahnelgatere OREELEY OFFICE 'R n 8 7009 ❑ Agent ❑ Addressee to of. Delivery m Item 1 O Yes below: O No �w J�llr �jyliC T RE l[V€411 to D❑ Express Mail Regist O Return Receipt for Merchandise 0 Insured Mall O C.O.D. 4. Restricted Delivery? (Extra Fee) O Yes 2. Article Number (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 7007 1490 0004 7353 1412 102595-02-M-1540 (Akt COLORADO February 24, 2009 CONCELMAN DANNY & SOMER 11020 CR 25 1/2 FORT LUPTON, CO 80621 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E-Mail:bsalzman@co.weld.co.us Case: ZCV09-00033 Legal Description: 16072-C PT E2SE4 6 2 66 BEG 60'N & 30'E OF SW COR OF E2SE4 THENCE E140' N250' W140' THENCE S250' TO BEG SITUS: 11020 25.5 CR WELD 80621 Dear: CONCELMAN DANNY & SOMER : The uses on the above described property are being considered as a zoning code violation of Sections of the Weld County Code. Currently your property is in violation of the following Section(s) of the Weld County Code: Chapter 23, Article 111(3), Division 1 A (Agricultural) Zone District 23-3-20 Uses allowed by right. 23-3-30 Accessory uses. 23-3-30.1 Noncommercial Junkyard. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights -of -way or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights -of -way. SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. To bring your property into compliance with the Weld County Code: Page 1 of 2 (414-OCa0RAD0 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E-Mail:bsalzman@co.weld.co.us While the presence of a NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES, iron/metal and miscellaneous debris is an allowed use within the Agriculture Zone District, it must be completely SCREENED from all adjacent properties and public rights -of -ways; otherwise, any Derelict Vehicles shall be operational at all times and evidence of current registrations shall be submitted to this office. It is the intention of this office to assist and cooperate with you without imposing undue hardships; however, we have no discretion in this matter if you fail to correct this violation. You have until 03/24/2009, to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorneys Office for legal action. Any information you have that may help to resolve this matter will be useful. Should you have any questions regarding this letter, or if you need any further information, please feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Bethany Salz Zoning Compliance Officer II pc: ZCV09-00033 Page 2 of 2 orrTh COLORADO February 17, 2009 CONCELMAN DANNY & SOMER 11020 CR 25 1/2 FORT LUPTON, CO 80621 WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E -Mail: bsalzman@co.weld.co.us Case: ZCV09-00033 Legal Description: 16072-C PT E2SE4 6 2 66 BEG 60'N & 30'E OF SW COR OF E2SE4 THENCE E140' N250' W140' THENCE S250' TO BEG SITUS: 11020 25.5 CR WELD 80621 Dear CONCELMAN DANNY & SOMER: It has come to the attention of the Department of Planning Services staff that the uses on your property may not be in compliance with the Weld County Code, Chapter 23. The potential noncompliance(s) with the Weld County Code are as follow: Page 1 of 2 COLORADO WELD COUNTY PLANNING DEPARTMENT Bethany Salzman Zoning Compliance Officer II 918 10th St Greeley, CO 80631 Phone: 970-353-6100 X 3555 FAX: 970-304-6498 E -Mail: bsalzman@co.weld.co.us While the presence of a NONCOMMERCIAL JUNKYARD consisting of DERELICT VEHICLES, iron/metal and miscellaneous debris is an allowed use within the Agriculture Zone District, it must be completely SCREENED from all adjacent properties and public rights -of -ways; otherwise, any Derelict Vehicles shall be operational at all times and evidence of current registrations shall be submitted to this office. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by Section 42-3-103, 42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public road rights -of -way or otherwise not equipped with lamps and other equipment, as required in Sections 42-4-202 to 42-2-227, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights -of -way. SCREENED: Construction and maintenance of fences, earth berms or the USE of LANDSCAPING materials or other materials USED with the approval of the Department of Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning Services. Please contact me within five working days of the date of this letter to review these concerns with me. Feel free to contact me at the above address, telephone number or e-mail address. If you wish to see me personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with you. Sincerely, Bethany Salzmt Zoning Compliance Officer II pc: ZCV09-00033 Page 2 of 2 Identify Results Page 1 of 3 Account# R5162486 WELD COUNTY ASSESSOR PROPERTY PROFILE Tax Area: 2230 Bordering County: Acres: 0.81 Township Range Section Ouart. Sec. 02-66-06-0 Owners Name & Address: CONCELMAN DANNY 11020 CR 25 1/2 FORT LUPTON, CO 80621 Business/Complex: Sale Date 2/16/2005 Sale Price $151,500 Parcel#: 130906000028 Subdivison Name Block Property Address: Street: 11020 25.5 CR City: WELD Sales Summary Deed Type SWD Legal Description 66278 16072-C PT E2SE4 6 2 66 BEG 60'N & 30'E OF SW COR OF E2SE4 THENCE E140' N250' W140' THENCE 5250' TO BEG SITUS: 11020 25.5 CR WELD 80621 Land Type Residential Land Subtotal: Abst Code 1112 Bldg# Property Type 1 2 3 Residential Out Building Out Building Improvements Subtotal: Total Property Value Land Valuation Summary Unit of Number of Measure Units Site Buildings Valuation Summary Actual Value $80,000 Actual Value Assessed Value $6,370 Assessed Value $176,403 $14,040 $256,403 $20,410 Building Details Account#: R5162486 Parcel#: 130906000028 Owners Name & Address: CONCELMAN DANNY 11020 CR 25 1/2 FORT LUPTON, CO 80621 Building# 1 Property Address: Street: 11020 25.5 CR City: WELD Property Type Residential Individual Built As Detail http://maps2.merrick.com/Website/Weld/setSql.asp?cmd=QUERY&DET=PP&pin... 1/23/2009 Identify Results Page 2 of 3 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Ranch 1 Story Frame Hardboard Drywall 1 2 1 5 Year Built: HVAC: Built As SQ Ft: Roof Type: Roof Cover: Units: Detached SQ Ft: Finished SQ Ft: 1924 Forced Air 1655 Composition Shingle 0 Account#: R5162486 Parcel#: 130906000028 Owners Name & Address: CONCELMAN DANNY 11020 CR 25 1/2 FORT LUPTON, CO 80621 Building# 2 Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Property Address: Street: 11020 25.5 CR City: WELD Property Type Out Building Individual Built As Detail Shed - Utility Year Built: HVAC: 0 0 1 0 Built As SQ Ft: Roof Type: Roof Cover: 2006 None 2400 Units: 0 Detached SQ Ft: Finished SQ Ft: Account#: R5162486 Parcel#: 130906000028 Owners Name & Address: CONCELMAN DANNY 11020 CR 25 1/2 FORT LUPTON, CO 80621 Building* Property Type 3 Out Building Built As: Exterior: Interior Finish: # of Baths: # of Bdrms: # of Stories: Rooms: Garage: Attached SQ Ft: Basement: Total SQ Ft: Property Address: Street: 11020 25.5 CR City: WELD Individual Built As Detail Shed - Utility Year Built: HVAC: Built As SQ Ft: O Roof Type: O Roof Cover: 1 O Units: Detached SQ Ft: Finished SQ Ft: 1949 None 768 0 http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin... 1/23/2009 Identify Results Page 3 of 3 http://maps2.merrick.com/Website/Weld/setSql.asp?cmd=QUERY&DET=PP&pin... 1/23/2009 2% 111111111111 �i u� 1111111Iilll III l III11111Iiii 1111 326627$ 03101/2006 04.06P Weld County, CO 1 d 2 R 11.00 D 16.16 Steve Moreno Clerk & Recorder SPECIAL WARRANTY DEED U.S. Bank National Association, as Indenture Trustee Under the Indenture, Dated as of December 14, 2001 Between Salomon Mortgage Loan Trust 2001-CB4 and U.S. Bank National Association, C - BASS Mortgage Loan Asset -Backed Notes, having an address at c/o Litton Loan Servicing, LW 4828 Loop Central Drive, Houston, Texas 77081-2226 ("Grantor"), for and in consideration of the sum of One Hundred Fifty -One Thousand Five Hundred Dollars and No CCmi ($151,500.00) and other good and valuable consideration in hand paid to Grantor herein by Danny Concelman and Sourer Concelman, In Severalty having an address at 15080 Andrews Drive, Denver, Colorado 80239 ("Grantee (s)") receipt of which is hereby acknowledged and confessed; has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto Grantee(s) all of the following real property, described as follows: A PARCEL OF LAND LYING IN SECTION SIX (6), TOWNSHIP TWO (2) NORTH, RANGE 66 WEST BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 60' NORTH AND 30' EAST OF THE SOUTHWEST CORNER OF THE EAST ONE-HALF OF THE SOUTHEAST QUARTER OF SAID SECTION THENCE EAST 140' THENCE NORTH 250' THENCE WEST 140' THENCE SOUTH 250' TO THE TRUE POINT OF BEGINNING ALL LYING IN WELD COUNTY, STATE OF COLORADO. which has a street address of 11020 Weld county Road 25 1/2, Fort Lupton, Colorado 80621 This Conveyance is made by Grantor subject to the following exceptions: (a) discrepancies, conflict in boundary lines shortage in area and encroachments which would be disclosed through a correct and proper survey or physical inspection of the Property; (b) any and all covenants, conditions, easements, reservations, rights -of -way and restrictions affecting the psupaty as evidenced by instruments Sled in the public records of the county where in ptop.,ty is located; (c) any water rights, claims or title to water, in, on or under the land, or ditches or ditch rights, water share, water stock, whether shown by the public records, or otherwise; (d) any interest in oil, coal and other minerals or mineral rights, whether express or implied, associated with, or incidental to the ownership of the property, or the exercise of rights under any oil, gas, coal or mineral reservation, grant or lease, and a0 rights privileges and easements with respect thereto, or assignments thereof, of interests therein; and (e) real property taxes, general assessments and special assessments on the Property being conveyed hereby, becoming due and payable after the date of this Deed. Grantee(*) by acceptance of this Deed aelmowledges that Grantor acquired title to the property through foreclosure, deed -in -lieu of foreclosure or other means of enforcement of a lien in favor of Grantor. Grantor while in title, has not been In actual physical possession of the property, and therefore, the Property is being sold to Grantee(s), and Grantee(s), by acceptance of this Deed, accepts the Property "AS IS", "WHERE IS", without any recourse to Grantor, and with no representations or warranties of any kind or nature being made by Grantor as to the condition, fitness or status of the Property, except as to the special warranties of title as specifically set forth herein. TOHAVE AND TO HOLD the herein described property, together with all in singular the rights appurtenances thereto belonging unto the said Grantee(s), Grantee(s)' heirs, legal representatives, successors and assigns forever. Grantor does hereby bind itself and its successors and assigns to WARRANT AND FOREVER DEFEND the property described herein, unto the said Grantee(s) and Grantee(s)' heirs, legal representatives, successors and assigns against every person whomsoever lawfully claiming the same or any part thereof, by, through and under Grantor, but not otherwise. SIGNATURE PAGE TO FOLLOW its uittaiiegi►iiurniiiinsHer Effective as of the / (e, day of February, 2005. GRANTOR: US. Bank National Association, as Indenture Trustee Under the Indenture, Dated as of December 14, 2001 Between Salomon Mortgage Loan Trust 2001-CB4 and U.S. Bank Nlfliogal Association, C -BASS Mortgage Loan Asset-Bac By:/ rja-4 Gar MS.emdak As: MYMneNsimmidea Of Litton Loan Servicing, LLC, as STATE OF I (r .rs}$ ) LITTON LOAN SERVICING , LP )ss. ATTORNEY -IN -FACT COUNTY OF R F -V, ) The forgoing Special Warranty Deed was acknowledged before me this j it day of February, 2005 by CHRIS MCCORMICK as Aid Simaxy Of Litton Loan Servicing, LLC, as Aatewaed Signatory For U.S. Bank National Association, as Indenture Trustee Under the Indenture, Dated as of December 14, 2001 Between Salomon Mortgage Loan Trust 2001-CB4 and U.S. Bank National Association, C -BASS Mortgage Loan Asset -Backed Notes. WITNESS MY HAND AND OFFICIAL SEAL. My Commission Expires: YPobkic //'� �J'" �"' I��, _— �Y7 EaMMLOIfl Mr LCOMMISSION EXPIYnEC- Jinign 0 bet as • u'rJr •• -or • • ks • • '1 : as Iii 41111$ • Wei e 4.9 Lan. • t U Hello