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Home My WebLink About20082333.tiff • CHANGE OF ZONE (Z) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RE CF IPT/AMOUNT# /$ CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 120730200071 (12 digit number- found on Tax I.D. information,obtainable at the Weld County Assessor's Office, or www.co.weld.co.us). (Include all lots being included in the application area.If additional space is required,attach an additional sheet) Legal Description: PT NW4 30-3-68 LOT A REC EXEMPT RE-284 13876 ELMORE RD WELD 0 Township Range Section Quart, Sec. 03- 68- 30- 2 Property Address (If Applicable): 13876 Elmore Road Existing Zone District:Residential Proposed Zone District: ricultural Total Acreage: 1 Proposed#/Lots: 1 Average Lot Size:N/A Minimum Lot Size:N/A Proposed Subdivision Name:N/A • FEE OWNER(S) OF THE PROPERTY(If additional space is required,attach an additional sheet) Name:Alan and Cathy Dawn Whittem Work Phone #: Home Phone# 303-678-1705 Email Address: Address: 13876 Elmore Road City/State/Zip Code:Longmont,Colorado 80504 APPLICANT OR AUTHORIZED AGENT(See Befoul Authodzatkn nest aawrpanyappluatiaa signed byAuthoizedAgern) Name:Daniel P.Kapsak Work Phone#: 303-651-9330 Home Phone:N/A Email Address:dkapsalakapsaklaw.com Address: 1610 Hover Road,Suite 203 City/State/Zip Code:Longmont,Colorado 80501 UTILITIES: Water:Longs Peak Water District Sewer:Septic System Gas: Excel Electric:United Power Phone:303-637-1300 DISTRICTS: School:St. Vrain Valley Fire:Mountain View Fire Protection District • Post:Lemont Post Office 2008-2333 • We,the undersigned,hereby request hearings before the Weld County Planning Commission and the Weld County Board of County Commissioners concerning the proposed Change of Zone for the following described unincorporated area of Weld County,Colorado: 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 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 evide ce be be included the''signatory has the legal authority to sign for the corporation. 4LAA/ l/UR)T7 /- x-O0 . C ► 9i D, eahyto4Mew,,, 6- vr Signature: r or Authorized Agent Date Signature:Owner or Authorized Agent Date • • • AUTHORIZATION The Kapsak Law Firm, LLC, 1610 Hover Road, Suite 203, Longmont, Colorado 80501 is hereby authorized to represent me or us in all aspects regarding the Section 30 change of zone issue. I am aware that though Daniel P. Kapsak will have the primary responsibility for the firm's services, other attorneys and paralegals in the firm may also provide services for you. Client(s) Date /Ott(tail tL i—/) —oY Client(s) Date • • • CHANGE OF ZONE/REZONING QUESTIONNAIRE: 1. How is the proposed rezoning consistent with the policies of the Weld County Code, Chapter 22? In accordance with 22-1-120(D)(2)(a): "Agriculture:The importance of agriculture in Weld County is recognized,and supporting agriculture is an important objective of the County.Agricultural Goal 1 states: "Conserve agricultural land for agricultural purposes which foster the economic health and continuance of agriculture." This goal is achievable by instituting agricultural zoning on most of the undeveloped lands in the county. Such zoning provides areas for agriculture and related activities by continuing a minimum parcel size of 80 acres in the A(Agricultural) Zone District." The rezoning of Section 30 from residential to agricultural would be consistent with the counties wish to "Conserve agricultural land for agricultural purposes which foster the economic health and continuance of agriculture." It would also create/correct the consistency of zoning in that area. • Also,in accordance with 22-1-120 (D)(2)(a)(3): "Supporting agriculture will include protecting agricultural uses by recognizing the "right to farm" and making significant efforts to inform residents of the County about agricultural operations. Furthermore,water and water rights are addressed in this section,reinforcing the importance of water and irrigation facilities in the agricultural economy.It is important to remember that state law governs and administers all water rights and water rules." Most of the landowners in Section 30 adhere to the agricultural operation as defined by Weld County and have adhered to the water and irrigation requirements as set forth by this section. 2.How will the uses allowed by the proposed rezoning be compatible with the surrounding land uses? Include a description of existing land uses for all properties adjacent to the subject property. • • There are 20 adjacent properties and 4 of those are requesting the same proposed rezoning. The approval of the proposed rezoning would create compatibility among the properties by allowing all 20 properties the same land usage as the others creating consistency in the area. 3. Will the property use a septic system or public sewer facilities? The property has a septic system. 4. Who will provide adequate water,including fire protection,to the property? Water is provided by the Longs Peak Water District. This property is under the Mountain View Fire Protection District which shuttles water into the area,if need be,from a local fire hydrant supplying ample amounts of water.Also,the fire trucks they use hold anywhere from 750 gallons to 1,000 gallons of water each. 5. Does the property have soils with moderate or severe limitations for construction? No If yes,the applicant shall submit infomtation which demonstrates that the limitations can be • overcome. 6. Is the road and/or highway facilities providing access to the property(ies) adequate to meet the requirements of the proposed zone district? Yes. If not,the applicant shall supply information demonstrating the willingness and financial capability to upgrade the mad and highway facilities. 7. Is there a sand,gravel,or other mineral resource on or under the subject property? Not to the knowledge of the landowner. 8. Is the change of zone area located in a Flood Hazard Overlay District? No. 9. Is the change of zone area located in a Geologic Hazard Overlay District? No. 10. Is the change of zone area located in the AP(Airport) Overlay District? • No. • AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Property Legal Description:Legal Description: PT NW4 30-3-68 LOT A REC EXEMPT RE-284 13876 ELMORE RD WELD 0 Parcel Number 120730200071 (12 digit number- found on Tax I.D. information, obtainable at the Weld County Assessor's Office, or www.co.weld.co.us). (Include all lots being included in the application area,If additional space is required,attach an additional sheet) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses,and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners'of property (the surface estate) within five hundred (500) feet of the property being considered.This list was compiled from the records of the Weld County Assessor,or a person qualified to do the task, and shall be current as of a date no more than thirty (30) days prior to the date the application is submitted to the Department of Planning Services. 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 evidence must be included indicating the signatory has the legal authority to sign for the corporation. WE hereby depose and state under the 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) E1te edge. • • AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Property Legal Description:Legal Description: PT NW4 30-3-68 LOT A REC EXEMPT RE-284 13876 ELMORE RD WELD 0 Parcel Number 120730200071 (12 digit number- found on Tax I.D.information,obtainable at the Weld County Assessor's Office, or www.co.weld.co.us). (Include all lots being included in the application area, If additional space is required, attach an additional sheet) THE UNDERSIGNED,being first duly sworn, states that to the best of his or her knowledge, the attached list is a true and accurate list of the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land being considered.The list shall be prepared from the real property records by a person qualified to do the task,and shall be current as of a date more than thirty (30) days prior to the date the application is submitted to the Department of Planning Services. Note: Mineral Notification is in addition to that required by C.R.S. 24-65.5-102 through 104. 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 evidence must be included indicating the signatory has the legal authority to sign for the corporation. I (We) hereby depose and state under the 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) kn wledge. • Signa ature Date • • WELD COUNTY ROAD ACCESS INFORMATION SHEET Road File#: Date: 5.723/07 RE# Other Case#: 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 1. Applicant Name ,4x44-t4 f 14/#177-gail Phone .30;-b78-1705 Address /913 fr 62.ivtoite 12r, City l 7nkoAir State 47O Zip S30 2. Address or Location of Access Section 40 Township 3 Range 6,13 Subdivision Block Lot Weld County Road#: Side of Road Et cY' Distance from nearest intersection f I en'Le" 3. Is there an existing access(es)to the property? Yes / No #of Accesses 4. Proposed Use: ❑ Permanent ❑ Residential/Agricultural ❑ Industrial ❑ Temporary ❑ Subdivision ❑ Commercial ❑ Other ,,,,,,.,,.f,, 5. Site Sketch ,«f,.,,f#,.,,#,,,,,,,,,,,,,,,,,,,,,,,,,,, Cif/Legend for Access Description: AG = Agricultural Co t#<v7 �� RES = Residential ., + — O&G = Oil&Gas D.R. = Ditch Road = House O = Shed Q E. • a C' Ni Y,R#If###RRff 4#R11ff„Rf#f#,RRff#„ff RY OFFICE USE ONLY: Road ADT Date Accidents Date Road ADT Date Accidents Date Drainage Requirement Culvert Size Length Special Conditions ❑ Installation Authorized ❑ Information Insufficient Reviewed By: Title: STATE OF COLORADO COLORADO GEOLOGICAL SURVEY • Department of Natural Resources 1313 Sherman Street, Room 715 Denver,Colorado 80203 Phone 303.866.2611 Fax 303.866.2461 DEPARTMENT OF NATURAL RESOURCES December 17,2007 Bill Ritter Governor Harris D.Sherman Jacqueline Hatch Executive Director Weld County Planning& Building Legal Description: Vincent Matthews 4209 CR 24.5 Section 30, T3N, R68W Division Director and Longmont, CO 80504 of the 6th P.M. Slate Geologist Subject: Rezoning multiple parcels from residential to agricultural Weld County, CO; CGS Unique No. (not assigned) Dear Ms. Hatch: Ms. Jennipher Jobe of The Kapsak Law Firm has requested a letter from the Colorado Geological Survey addressing the rezoning of lots in Section 30, Township 3 North, Range 68 West of the 6th Principal Meridian, in the area north of Calkins Lake (also known as Union Reservoir). I understand that no new • development is planned, and that the subject parcels are being rezoned from residential to agricultural. CGS does not have any objections to the proposed rezoning. Section 30 is mapped as underlain by Pierre shale, which is associated with expansive soils and bedrock, and eolian (wind-deposited)soils, which frequently exhibit collapse under loading and wetting. These materials are not typically associated with mineral resources, but can be problematic from a geotechnical perspective if not mitigated through proper engineering, construction and homeowner maintenance practices. Based on the close proximity of Calkins Lake, groundwater levels should be expected to occur at relatively shallow depths. If you have questions, need clarification of issues identified during this review, or require additional review, please call me at(303) 866-2001, or e-mail jill.carlson@state.co.us. Sincerely, Jill Carlson, C.E.G. Engineering Geologist • Weld Rezone Res to Ag.doe 9:33 AM,12/17/2007 S17090800 '1NOWJNOI OVOld NOIIlIWd3A 9L96 101t sia ld31VMNV3d S0N01 bOS08 00 `,LNOYQ'JNO'I QVOTI3IIONI'IH 9LS£I NfIH,L.LIHM AH.LVO QNV NV1V 1103HO H3d0Hd 3H(7SNI Ol anis SIHM NHI713H 3SV37d QVOtI HtIOW'Id 9L8£I 'ss3rJoav 3a1nt ON Imo:, 71Vi1 DNi1119 SZOOSI00 :31VO3 AVd ION[Oa a3,LgVNa LOOZ/9Z/b0 LOOZ/SI/SO S1F!lIOBNH LN3110NI13C NO O]OQV dNV 43S3SStl A11VN3d 00'SS ULLAV LOOZ/OIZ/SO— 90'b£$ tumuli[2101 13Vt[a LOOZ/OZ/SO 3na 1Nno6YV 83.E-1V 90'b£$ SZOOSI00 008`9 OOZ00£ I000LO£ 90'b£$ xaiv L n i i rz4 : t° .�� Q ZIZ £0 ,0 bZi.",k r.*...l.t..>`33a-..4'' t lf .35:_t�...., (, — —7— , b09O 00`1NOWON 000$ : OVOki NOIIlIWH3A 9L Lt' E-9LL-EOE.301dd0 10181818 U1VMNV3d SON s 's. .1. °S` k.,,.r s, ..�`bf's d ,2 c, Via.+ s zs . +i...,. c ' +. ww ., , w S.. 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No. Vendor# 13876 Elmore Rd I 4 Qty Description Unit Price Amount Pump out 1250-gals 262.00 262.00 Estimate to instail 4'RV drop 2'from driveway$650.00 ill . _ Total $262.00 Payments/Credits $-262.00 III Balance Due so.00 AFFIDAVIT OF INTERESTED LAND OWNERS Page 1 of 2 AL&n ; lathy UhcH-ern • AFFIDAVIT OF INTERESTED LAND OWNERS SURFACE ESTATE Subject Parcel: _1.20730200071 THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of the property being considered. This list was compiled utilizing the records of the Weld County Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has not b••n modified from the original. The list compiled from the records of the Weld County ess w� assembled within thirty days of the application's submission date. •gnature L. C Date Property Owners Within 500 ft. of Parcel# 120730.200071 NAME MAILING ADDRESS PARCEL IDENTIFICATION # • 0474 CR 30 BERGLAND EARL R 120730200072 LONGMONT,CO 80501 5813 COLE WAY BRUNSKILL WILLIAM G 120730101008 ARVADA,CO 80004 13835 ELMORE DR CATANO MANUEL H 120730201009 LONGMONT,CO 80504 5350 PLAYA VISTA DR#3 HALL JAMAAL 120730101001 LOS ANGELES,CA 90094 HEIL DENNIS S & 13776 ELMORE RD Additional Owners: 120730200005 HEIL JULIE A LONGMONT,CO 80504 6051 STEARNS ST HERNANDEZ ADRIAN 120730101002 RIVERSIDE,CA 92504 13975 ELMORE RD JORDAN STEVEN P 120730204001 LONGMONT,CO 80504 • KLUG ROBERT D & 13801 ELMORE RD 120730201008 Additional Owners: LONGMONT,CO 80501 http://maps2.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=120730200071&Par... 4/17/2008 AFFIDAVIT OF INTERESTED LAND OWNERS Page 2 of 2 KLUG JEAN M • 25 CORAL PL LOWREY JEFFREY GREENWOOD VILLAGE,CO 120730101009 80113 NESTING CRANE RANCH 3040 S NEWCOMBE WAY OWNERS ASSOC 120730101010 LAKEWOOD,CO 80227 NESTING CRANE RANCH 3040 S NEWCOMBE WAY OWNERS ASSOC 120730101011 LAKEWOOD,CO 80227 NESTING CRANE RANCH 3040 S NEWCOMBE WAY OWNERS ASSOC 120730101012 LAKEWOOD,CO 80227 OLSON KEVIN R & 13909 ELMORE RD Additional Owners: 120730200041 OLSON SANDRA M LONGMONT,CO 80504 OLSON KEVIN R& 13909 ELMORE RD 120730201003 Additional Owners: LONGMONT,CO 80504 OLSON SANDRA M PACE WILLIAM K & 13844 ELMORE RD • Additional Owners: 120730200002 PACE CAROL A LONGMONT,CO 80501 13761 ELMORE RD PAXSON FAMILY TRUST 120730201012 LONGMONT,CO 80504 13820 ELMORE RD ROSS JESSE JR 120730200003 LONGMONT,CO 80504 SCEARCE BENNY R& 13794 ELMORE ROAD Additional Owners: 120730200004 SCEARCE LAURIE A LONGMONT,CO 80504 SCUPIN JONATHAN R& 13941 ELMORE RD Additional Owners: 120730204002 NASH ANN ELIZABETH LONGMONT,CO 80504 3476 STATEVIEW BLVD WELLS FARGO BANK N A MAC#7801 014 120730201011 FORT MILLS,SC 29715 • http://maps2.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=120730200071&Par... 4/17/2008 AFTER RECORDING MAIL TO: ARBOR MORTGAGE CORPORATION 445 DTC PARKWAY #100 NGLEW00D , CO 80111 LOAN NO. 059450 [Space Above This Line For Recording Data] DEED OF TRUST THIS DEED OF TRUST ("Security Instrument") is made on December 1 7 , 1 9 9 6 , among the grantor, ALAN WHITTERN and CATHY DAWN WHITTERN ("Borrower"), the Public Trustee of WELD County ("Trustee"), and the beneficiary,ARBOR MORTGAGE CORPORATION which is organized and existing under the laws of THE STATE OF COLORADO , and whose address is 5445 DTC PARKWAY 7100 , ENGLEWOOD , CO 80111 ("Lender"). Borrower owes Lender the principal SUM of One Hundred Ninety Seven Thousand Six Hundred Dollars and no/100 Dollars (U.S. $ 1 9 7 , 6 0 0 . 0 0 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on January 1 , 2 0 2 7 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note,with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt and the trust herein created, irrevocably grants and conveys to Trustee, in trust,with power of sale,the following described property located in WELD County, Colorado: LOT A, EXCEPT THE SOUTH 26 FEET OF THE WEST 300 FEET OF RECORDED EXEMPTION NO . 1207-30-2-RE-284 RECORDED NOVEMBER 1 , 1977 IN BOOK 813 AS RECEPTION NO . 1734878 , BEING A PORTION OF THE NORTHWEST 1/4 OF SECTION 30 , TOWNSHIP 3 NORTH , RANGE 68 WEST OF THE 6TH P . M . , COUNTY OF WELD , STATE OF COLORADO . which has the address of 13876 ELMORE ROAD LONGMONT [Street] [City] Colorado 8 0 5 0 4 ("Property Address"); [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument.All of the foregoing is referred to in this Security Instrument as the"Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. COLORADO-SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT FORM 30061/91 ISC/CMDTCO//1291/3006(1-91)-L PAGE 1 OF 6 LOAN NO. 059450 THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with eimited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums.These items are called"Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. §2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower,without charge, an annual accounting of the eFunds,showing credits and debits to the Funds and the purpose for which each debit to the Funds was made.The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied:first,to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third,to interest due;fourth,to principal due; and last,to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or(c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term"extended coverage"and any other hazards, including floods or flooding, for which Lender requires insurance.This insurance shall be maintained in the amounts and COLORADO--SINGLE FAMILY--FNMA/FHLMC UNIFORM INSTRUMENT FORM 30061/91 ISC/CMDTCO//1291/3006(1-91)-L PAGE 2 OF 6 LOAN NO. 059450 for the periods that Lender requires.The insurance carrier providing the insurance shall be chosen by Borrower subject Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above; ender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have th'e right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due.The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's,good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender(or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate,for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys'fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest, upon notice from Lender to Borrower requesting payment. B. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any reason,the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, `Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by COLORADO--SINGLE FAMILY--FNMA/FHLMC UNIFORM INSTRUMENT FORM 30061/91 ISC/CMDTCO//1291/3006(1-91)-L PAGE 3 OF 6 LOAN NO. 059450 an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to naintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends accordance with any written agreement between Borrower and Lender or applicable law. e 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree In writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b)the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if,after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability;Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method.The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the amjurisdiction In which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision.To this end the provisions of this Security Instrument and the Note are declared to be severable. COLORADO--SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT FORM 30061/91 ISC/CMDTCO//1291/3006(1-91)-L PAGE 4 OF 6 LOAN NO. 059450 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17.Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest Sopn it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural erson) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or(b) entry of a judgment enforcing this Security Instrument.Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys'fees; and (d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under • paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower.A sale may result in a change in the entity (known as the"Loan Servicer")that collects monthly payments due under the Note and this Security Instrument.There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law.The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any Investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides,volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21.Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise).The notice shall specify: (a)the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, reasonable attorneys'fees and fracosts of title evidence. COLORADO-SINGLE FAMILY--FNMA/FHLMC UNIFORM INSTRUMENT FORM 30061/91 ISC/CMDTCO//1291/3006(1-91)-L PAGE 5 OF 6 LOAN NO. 059450 If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Lender shall mail a copy of the notice to CapBorrower as provided in paragraph 14.Trustee shall record a copy of the notice in the county in which the roperty is located. Trustee shall publish a notice of sale for the time and in the manner provided by applicable law and shall mail copies of the notice of sale in the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law.After the time required by applicable law, Trustee,without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time the purchaser will be entitled to Trustee's deed.The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein.Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b)to all sums secured by this Security Instrument;and (c) any excess to the person or persons legally entitled to it. 22. Release. Upon payment of all sums secured by this Security Instrument, Lender shall request that Trustee release this Security Instrument and shall produce for Trustee, duly cancelled, all notes evidencing debts secured by this Security Instrument. Trustee shall release this Security Instrument without further inquiry or liability. Borrower shall pay any recordation costs and the statutory Trustee's fees. 23. Waiver of Homestead. Borrower waives all right of homestead exemption in the Property. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] ❑Adjustable Rate Rider 0 Condominium Rider 01-4 Family Rider ❑Graduated Payment Rider 0 Planned Unit Development Rider ❑Biweekly Payment Rider ❑Balloon Rider ❑Rate Improvement Rider 0 Second Home Rider ❑Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security ',Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: a ALAN WHITTERN -Bo( ) rr CATHY DAWN WHITTERN -Borrower (Seal) (Seal) -Borrower -Borrower [Space Below This Line For Acknowledgment] STATE OF COLORADO, County ss: The foregoing instrument was acknowledged before me this day of , by Witness my hand and official seal. My commission expires: Notary Public a COLORADO--SINGLE FAMILY-FNMA/FHLMC UNIFORM INSTRUMENT FORM 30061/91 ISC/CMDTCO//1291/3006(1-91)-L PAGE 6 OF 6 INVOICE • Greeley Division 1801 59th Avenue, Suite 203 Greeley, CO 80634 BILL TO: The Kapsak Law Firm, LLC Invoice Date: April 23, 2008 1610 Hover Rd., Ste. 203 Payment Due: May 23, 2008 Longmont, CO 80501 Invoice No: 284 ATTN: Jennipher Jobe Reference: Certificate of Conveyance-Alan & Cathy Whittern 30-3-68 Item Code Description Amount 4318 Certificate of Conveyance 125.00 Total: $125.00 Thank you for choosing Stewart Title of Colorado. We appreciate your business! • • Page 1 of 1 • Certificate of Conveyances Weld County Services Department of Planning State of Colorado ) County of Weld ) The STEWART TITLE INSURANCE or ABSTRACT COMPANY hereby certifies it has made a careful search of its record, and finds the following conveyances affecting the real estate described herein since August 30, 1972, and the most recent deed recorded property to August 30, 1972. LEGAL DESCRIPTION: Lot A of Recorded Exemption No. 1207-30-2-RE-284 recorded November 1, 1997 at Reception No. 1734878, being Part of the NW 1/4 of Section 30, Township 3 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado. CONVEYANCES (if none appear, so state): Reception No.: 1539103 Book: 617 Reception No.: 1715585 Book: 794 • Reception No.: 2454771 Book: 1510 Reception No.: 2526364 Book: 1583 Reception No.: 2526365 Book: 1583 Reception No.: Book: Reception No.: Book: Reception No.: Book: This 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 Title, and the liability of STEWART TITLE OF GREELEY, LLC is hereby limited to the fee paid for this certificate. In Witness Whereof, STEWART TITLE OF GREELEY, LLC has caused this certificate to be signed by its property officer this 13th day of April , A.D., 2008, at 7:45 am. STEWART TITLE OF GREELEY CC BY: • Authorized nature Identify Results Paee 1 of 2 WELD COUNTY ASSESSOR PROPERTY PROFILE Ac,t#: R1020196 Parcel#: 120730200071 Tax Area: 2325 Bordering County: Acres: 1 Township Range Section Quart. Sec. Subdivison Name Block# Lot# 03 - 68 - 30 - 2 - - Owners Name &Address: Property Address: WHITTERN ALAN & Street: 13876 ELMORE RD WELD 13876 ELMORE RD City: WELD LONGMONT, CO 80504 Additional Owners: WHITTERN CATHY DAWN Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # 12/17/1996 $247,000 WD 2526365 Legal Description PT NW4 30-3-68 LOT A REC EXEMPT RE-284 SITUS: 13876 ELMORE RD WELD 0 • Land Valuation Summary Land Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Residential 1112 Acres 1 Land Subtotal: 1 $77,040 $6,130 Buildings Valuation Summary Assessed Bldg# Property Type Actual Value Value 1 Residential Improvements Subtotal: $340,728 $27,120 Total Property Value $417,768 $33,250 Building Details Account#: R1020196 Parcel#: 120730200071 Owners Name&Address: Property Address: WHITTERN ALAN & Street: 13876 ELMORE RD WELD 13876 ELMORE RD City: WELD LONGMONT, CO 80504 B g# Property Type 1 Residential Individual Built As Detail http://maps2.merrick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=1207302000... 4/19/2008 Identify Results Page 2 of 2 Built As: 1 1/2 Story Fin Year Built: 1996 Exterior: Frame Stucco HVAC: Forced Air In 'or Finish: Drywall Built As SQ Ft: 2412 # ths: 5 Roof Type: # o drms: 4 Roof Cover: Comp Shingle Heavy # of Stories: 2 Rooms: 8 Units: 0 Garage: Attached SQ Ft: 400 Detached SQ Ft Basement: Total SQ Ft: 1068 Finished SQ Ft: 1068 . • http://maps2.mcrrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=1207302000... 4/19/2008 escoc 8f.? - 41. /; ..r NOV . 11977 4 uue]a.. an NC 17:1•15 78 IrarrA f .ir.r,ir..frr './ RECORDED EXEMPTION NO. wer740 t RE- 8e4 state ttMT. $5 M COL 1114 COIL . • "NO 'rare MmsI wy "Ow. I ' a/as'0C spas' ' I it, Earl R. Bergland being the sole osier 7n fee of the above described pro- party da hereby divide the etaa as shown on the w attached map. n rmitt O s The foregoing nertlfica- n 9 tion was acknowledged .n • Lefore me this star day N of !!1W-_ A.D. 1622, ,, *CMS 1.•100 —T C, 1"101.0.10IMI a My co lesion ex9Ap;i : ONT SASE: Lore IL adai4La) "[ Mw AN Nit UM a R +.r• staff - Z Mit sa 'bsAOT."M ST. �f 0 ¢ my hand . -‘ a Ga •� 0 seal + � - r . 1 711/9wr.i •tore• food a 8 d' { g • I • s-tit-TT i a woo a a T e0' • t 8 LOT A a 1.00 AMI Vii \ e 'Aatiity n t sso.oa mat LEGAL DESCRIPTION 111 it e cc A tract of land in the Northwest 1/4 of Section 30, New • Township 3 North, Range 68 West of the 6th. P.M.,Weld seas0 County. Colorado, more particulary described as follows: a as.'rw e, „ Commencing at the northeast corner of said Northwest >• 1/4 of Section 30; Thence 8 00029' 00" W 53.07 Feet VICINITY MAP along the Best line of said Northwest 1/4 to the South SCALE Bight-of-Way line of Stc' Nighvay #66 and the True te Point of Beginning; Thence 0aninuing along said East line of the Northwest 1/4 8 00- 29' 00" W 672.93 Feet TH ACCOMPANYING PLAT IE to the Northeast corner of that tract of land conveyed ' OBT ED AND APPROVED by deed dated TIMMY, 15. 1965 in Book 532 as Recap- F•- FILING. - tion # 1454010 Do Donald F. Besack and Beulah B. Be.-' ; // f Thence North 90 00' West along the north line of sale n o' a o Besack tract a distance of 330.00 Feet; Thence N 00 1/4 a distance parallel le to 6t de amid Mast line ine South RNorwes Northwest •unty Commissioners Way line of said state Highway #66; Thence along said £TTIST: p00NTY CLCE•- . Right-of-Way line s 890 52' 00" B 330.00 Feet to the I 10.m.(... ieuviand i True Point of Beginning, Containing 5.101 A - more or fns. g Date;41/6 I hereby certify that this plat and riptio was prepared under my supervision and IN ocyi46to the best of my knowledg nd belief. N•j:f Vr4 • a 4.4 � / on 6 . or ,o` r4`.+ • tr ,NOV 11911 ''u] 1/r/'I e. - ee 177 Io _ RJg MS , q %ooR - Recorded .t w",_�A v NOV 7 a • -isnAtti NN 9'OMEg �, �. r/, a'^0rdar. mom_;. 0 Y "e hbde thin 5th RECORDER'S Fall: ' d'� 6 ;s e9 WSi dud November I �� - ( ! �E redi:'G. Landolt and Nary L. Landolt, i and Fred Landolt and Mary Landolt Cs 4J a • 1 ;skew"' gamely of Weld and 8tte of i • Ml 0.102.0110 the first park and 11 ti George C. Becker and Margie M. Becker ( p I 11 of the county of Boulder and r mNFSBBTTH,that the ddpan ies of the first part,for and l and la n Colorado,dthe aeowdsort: H e•ddmatl®of the tom of Thirty Six Thousand and no/100 1)OLLABa, o to the said part ies t the first hmebf confined and nary ye Kean pai,d, by the dais sad r tiro d sad by tire present whereof b S otlm•"bd confirm .bsunto granted p rebao,sold end d p rk ins by ands sieemb d0 �I er+st.bargain.a•ll,town sad smB® th.said parties of the.11020 part.their babe and amigos forever.nut r'c- la to aaey la menus but le Joist}eesnel,all the following desenbed lot or book Waato,blab and . (� babalaaaa Cargo at Weld mdatIdColondo.to wit: m .41 z Parcel 1: A tract of lad in the Northwest Marty Quarter (Hen;) of Section described asfollows: BeeginnningNaatththe of Sixty-eightcr of said (68) Nest, , Northwest Quarter (NW%) of said Section; thence West on the North line of said Quarter 30 feet to point of beginning; thence West 300 feet l on the North line of said Quarter; thence South on a line parallel with a the East line of said Quarter 700 feet; thence East on a line parallel with the North line of said a point of beginning. Quarter R feet; thence p North 700 Nforth- to • S EXCEPTING 30, THEREFROM No that, Range portion 68 of the Ntheh- _ west Quarter of Section 30, Township 3 North, 68 West, of the _ 6th P.M. , in the County of Weld, State of Colorado, conveyed to the Department of Highways, State of Colorado, by deed recorded March 18, 1960, in Book 1553, Page 496, Records of Weld County, described as follows: Beginning at a point on the East line of said land from which the Northwest corner of said Section 30 bears North 89 34' West, 2557.60 feet; thence along the East line of said land North 0 14' West, 53.00 feet to the North line of said Section 30; thence along the North line 0 of said Section 30, South 89 15' West, 300.00 feet to the West line of said land; thence along the West line of said land South 0 14' East, co Oa 52.30 feet; thence North 89 23' East, 300.00 feet more or less to the o point of beginning. o Parcel 2: Be o ginning at the Northeast corner of the Northwest (NW%) of Section Thirty (30) , Township Three (3) North, Quarter i eight (68) West of the 6th P.M., Weld County, Colorado; thencesS. cr. 0 29' W. 726.0 £wet; along 'o (Nw%) of said Section 30; the East line of the Northwest Quarter o line of the Northwest thence West 30.0 feet, o "' Quarter (NW%) of said Section 30, thence the North o 0 29' E. 726.0 feet, parallel to the East line of N. z ' � Quarter (NWI ) of said Section Thirty the Northwest along the North line of the Northwest(30) ,Qa thence ) of 30.0 feet 30, to the point of beginning. Quarter (NW7f) of said Section N;00 ->tiire. • • . • d� soot 617 1539103 TOGETHER with el and singular the hereditament,and appurtenances thereunto belonrt,m,or in anywise apprt,iagg;the reversion end reversions,remainder and remainders,rent,!Sues and pa thereat;and an the atate,dgbt.type.Mimed.data as demand whatsoever of the odd part ies of the art pert.either In tow or } I epdb.af,ln and b the shove hersaged premises,with the hereditament@ and appest,nemrs. TOHAVEAND TO HOLD the add prmisesabove bargained end deeedbed,with'be aWarenanthe pestle at the second part,their helm end sedges forever.And the add part ies lithe seat port, them N for r a - dyes,tbeimdes,emvtem,end administrators do catmint,pant, an d d one to and with the add parties of the reed park their heirs and madras,that at the Urns of the encoring and delivery of these pre- aarthey anon edged of the mewls above convoyed, es of good,an, perfect, ambits and loddasfbis t estate ddtme lebq,m law,in fee Menge,and bon ve good right.fun r pea and lawful authority to pay boa �l Olio,all and convoy the some in mariner ad form efetedd,and that the same are free and dear hem all former sad oar nate.bargains,saleu,Rene,tare,eesesmenta and enembeare of whatever kind or nom saner. except any lien by reason of the inclusion of said premises in the Northern Colorado Water Conservancy District and the 1969 taxes, which + by reason of adjustment, the grantees assume. �•, maths abate bugged premiers in the quiet and peaceable poesaadan of the lid parties of the second part,their _ him and sadgae,aeei®t all as every person or persons lawfully claiming or to dein the whole or any port thereof, 1: the add parties of the first part shell as will WARRANT AND FOREVER DEFEND. far:' - IN wrnateR WHEREOF the said part ies of the first part he ve brnno son the 'pd s nod r aisle the cloy and year first above written. • Rim* d and Delivered le the Presence of '""" S """t ReiREAL] } ` ` F d G. L dolt rlik. — ..i f i Fred Landolt [SEAL] cSA :~ L/dE (— j.-- �VI r_SXer ��f' t [SAL]�r�•.. 'Malyindolt i t m,4gar owleagoa bdom no this 5th du of November F• E • Frcid G. / L. Landolt. and Fred Landolt and Mary t ' .dolt. L S p c 0�-w entba / - C- 7o .fp .Wi non my hand as official sal pt. Ir'• • I Na on. WAsawlT5 —ToSatTe.mrmweed Palletar m.me Os Stmt.DOER.tea— a eemn r rbin air et try m open ort bun so toxiew r rattan It Drnatal ear other bony Is or Ew�nm..�r�anK W ear cocar- 1''.'; r . tea hat sure era sea oID�a or veneer or the mot a aver teIXea of mm eapaa{Inc,:KW n.—etenemv i' �.r°aar:bw.re,e.e.uta.t owv.do ue.l.d staome m8"i `r . T. • m`'j . F • �''�� ee.few.• /. n° .pi K.. _ APR 5 977 o �' 794 ssnewn Ne. 17155er WAY Alt fwPsiiw seceder. 2'1 .`o Tan Darn. N.de tide 31st dal of March .Id 77 ' between George C. Recker and Margie M. seeker (husband era ' and wife) sw C, Oar DpC° y Nes I of the APR 5 1977 '� ('aunty of p gercIe¢ and Stets o[Ceiondo,of the tiro pet,and IA %wont, CO�U>o�oney°ROOK Idl. 60x 21 A.end State of s" e-t Colorado.of the second part: • • WITNESSETB.The the said Part i eat the neat part,for and in consideration of the nun of DOLLARS • p, SIXTY ONE THOUSAND AND NO/100ths - n a pu to the said t I ES of the first part In hand paid by ad party of 1St second part.thereceipt whereof is p hereby confessed and acknowledged,have granted,bargained.sold sad conveyed.and by thesepresentsdo G O gnat.bargain,tall,convey end confirm,unto the said part y of the second prtryis hale and afl(na for- O et ever.all the following described tot or 1 eA eI s of land.ritua:e.lying and being in Orr O Canty of Weld and State of Colorado.toot • PARCEL. 1: 1 e ! A tract of land in the NW} of Section 30, Township 3 • North, of Range w e 1 GS %eat, described as follows_ Q Beginning at the Northeast corner of said NWD of said Section; \p thence West on the North line of said Quarter 30 feet to point of beginning; thence West 300 feet on the North line of said Quarter; thence South on a line parallel with the East line of said quarter 700 feet; thence East on a line parallel with the North line of • H said Quarter 300 feet; thence North 700 feet to a point of beginning. EXCEPTING TREREFEO:d that portion of the Northwest Quarter of Section 30, Township 3 North, Range 68 West, of the 6th P.M., in the COUNTY OF WELD, STATE OF COLORADO, con- veyed to the Department of highway, State of Colorado, by deed recorded March 18, 1960,iiBoo follow in s: age 496, Records of Weld County, described Beginning at a point on the East line of said land from which the Northwest corner of said Section 30 hears North 89° 34' West, 2557.60 feet; thence along the East line of said land North 0° 14' West; 53.00 feet to the North line of said Section 30; thence along the North line of said Section 30, South 89° 15' West, .200.00 feet to the West line oI said land; thence along the West line of said land South 0" 14' East, 52.30 feet; thence North 89° 23' East, 300.00 -t more or less to the POINT OF BEGINNING. PARCEL 2: Beginning at the Northeast corner of the Nei of Section 30, COLORADO; thence 8. 0" 29' W. 726.0 feet. along the East line of the NIf} of said Section 30; thence West 30.0 feet, parallel to the North line of the NWT of said Section 30, thence N. 0° 29' E. 726.0 feet, parallel to the East line of the NW% of said Section 30; thence Past 30.0 feet along the North line of the ;0/4 wweememlil of said Section 30, to the POINT OF BEGINNING, i • • 1a n c6 I 11155852 "Z O yQ� a '794 • also known as street and number Route I Bo,. 2109 Longmont Colorado • 1 TOGETHER with all and singular the hereditament* and appurtenances thereto belonging, or in 'swirls, appmauiing,and the reversion and revert ad ��remF�yer and remainders.real.. ier the noel parr l Mimes es and first part.t tsrt eeof eandirl the estate.rigid,title,interest,emir or equity,of,in and to the above bargained premises,with thehereditament. re ita ,ei��the appurtenances. ees,tors the TO HAVE AND TO HOLD the said premises above bargained described of the,tun ptre aid party of the second part, his heirs and manes forever.And the said pane ibargain.and eons mead t. heirs,a eeumre,end administrators,da 'revenant grant. with them Party a vas heir*and assigns.that at the time of the euoeshne and delivery the add ts of the ame part,his those romeyed.as of goad,sure,perfect,absolute and of thew peeest to well seized wi of the ple, Inds ht,fell power and lawful authority to gnu?,bargain.wain.eofc cone.h law,h fee anpip and fee gsad,a free and fn mall,orms!a d end grants,the wino in manner i and form as e,,assessments�end encumbrances nine hatever kind or from all mane and t other grants,erl taxes,fOr lieu. m[ure erase^except general taxes for 1976 and subsequent years and except easements rights of way, restrictive covenants and reservations of record, if any and excep a Deed of Trust recorded in Book 777 Reception No. 1699126 of the Weld County rec ds, which party of the Second Part agrees to assume and pay. premises in the quiet a ..aeeaWv pe,ansion of the mid party of the second part, and the above bargained lawfully claiming or to claim the whole his Mir*and swipe s¢aiwof t e rst plenart poison m willpal and rsons or any part WITNESSthereof.the WHEREOF,parties of the roof the Prat l ha WA WARRANT AND baud DEFEND. TO yyear the red abaparse sun /) Air.- 1rr- andsds the day and)wrtirt deva written ! �tiedCr[�� , �h-Ll`' ill„ A .} /"_ . ('. „ i bep,RM b. ec kCr �I1u911aLdi .{ .:LLi.lIa. 2TI (SEAL) �' Yily Nis nl. Bcci.er Iwifq) /k, (ly�,ls_7 STATE OF COLORADO, H cc": Weld •e•"°• it are ow the it st dog of km'[h ,1, fesae gimires D.wwxton. daedbe! ',r4 ('ha 1• D. Saxton, At tornry in tact for l,81. it Witness my and Margie >� cceaPc�rejhniV'}J�M I19J iC1 ,1981 .Widay of hand and official I. 1 -v )• /J~� Noes,ream •-YY• G 0....00' �?M p7�,Y3 ag•�47 _----._—.. • Pica e,. wassantt rack—p..raaterio.e„teastir rummy co.,taws Mme o. OakeW ARems'1771 --2454771 B-1510 P-380 09/08/95 04:03P PG 1 OF 1 RE 00 DOC riN Weld County CO Clerk & Recorder 30 `Y� WARRANTY DEED • -\ Tills DEED, Made this 5th between Earl R. Berg land day of September .19 95 , kt V of the County of Weld and State of Colorado . grantor.and Le Vora E Arno whore legal address is 8627 N. 95th, Longmont, Colorado 80501 of the County of Weld and State of Colorado ,grantee: WITNESSETIL That the grantor,for and in consideration of the sum of FIFTY THREE THOUSAND AND CP. NO/100 DOLLARS.($53,000.00 ), `^ the receipt and sufficiency of which is hereby acknowledged,has granted.bargained,sold and conveyed,and by these presents V 1 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 aril being in We County of Weld ,and State of Colorado, NO described as follows;ITN Recorded Lot A of Recorded Exemption No. 1207-30-2-RE-284, ver November 1, 1977 in Book 813 at Reception No. 1734878, being a Q portion of the Northwest Quarter of Section 30, Township 3 North, Range 68, West of the 6th P.M., County of Weld, State of Colorado • also known by street and number as Vacant, Longmont, Colorado 80504 TOGETHER with all and singular the hereditumente and appurtenances thereunto belonging,or in anywise appertaining,and die 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.uf, in and to the above bargained premises, with the hereditanrents and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described.widi the appurtenances,unto the grantee,his heirs and assigns forever. And the grantor,for himself,his heirs and personal representatives,does eovcnanl,grant,bargain and agree to and with the grantee,his heirs and assigns,that at the time of the caseating and delivery of these presents,he is well seized of the premises above conveyed, has good, sure, perfect, absolute and imkfeasiblc estate of inheritance, in law, in fee simple.and has good right,full power and lawful authority to grant bargain.sell and convey the same in manner and form as aforesaid,and that the sauce are free and clear from all former and other grants,bargains,sales,liens,taxes,assessments, encumbrances and restrictions of whatever kind or nature meter,except for taxes for the current year,a hen but not yet due or payable,easements,restrictions,reservations,covenants and rights-of-way of record,If any, . Gig grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable pusses- siotr of the gamier,his heirs and assigns.against all and evety person or persons lawfully claiming the whole ur any part thereof The singular number shall include the plural,the plural the siuguiuc and the use of any gender stall he applicable to all genders. IN W(fNESS WHEREOF.the grantor has executed this deed on the date set forth above. art an • STATE OF COLO1111 ¢y f' ��, )ss. COUNTY OF `A�\ ) The foregoing ins m •- B MaMicEpe ttetlOg\fore me this 5th day of September ,19 95 .by Earl R. Ber�lan4JOms*:ail )). • My Commission exp& FerTr4y ,2.},�/T998 crk Wilncssm�and o field se eery bile Linda K. Johns° Nu.C3M.Rer.714 WARRANTY DEED(fur l'awuaraakr Rw=ua) Pose UU:Js hAn • vu-5b:.!5cn - /3;/yo ',cd:LS DM REAL ESTATE RECORDS F2171 CHARLOTTE HOUSTON BOULDER CNTY CO RECORDER at on No. _ _Recorder 1'920333 G / / -. _-__ ____ -._ QUITCLAIM DEED • THIS DEED,Made this 95-0-• dnc of November ,19 96 between .UrE OOCUMENIAAY FEE I Fred G. Landoll and Mary L. Landolt, a/k/a Fred Landolt aad Mary laridolt NOV 2 of the 'County of Boulder and State of � 7 996�y.�� Colorado,grantor(s),and $ (i1( Vt• M I Le Vora K. Arno (� whose legal address is 8627 N. 95th, LongaunL, CO 80501 BCD IcierI of the County of and State o(Colorndo,grantee(s),©ntce(sl, I WITNESSETll,1 hatthe grantor(s).for and in consideration of the sum of One dollar and other good and valuable consideration Tatars the receipt and sufficiency of which is hereby acknowledged.ha ve remised,released,sold and QUITCLAIMED.and by these presents do remise,release,sell and QUITCLAIM unto the grantee(s), her/hiS heirs.successors and assigns, forever,all the right,title,interest,claim and demand which the grantors)have in and to the real property,together with improvements,if any,situate,lying and being in the County of Weld and Slate of Colorado,described as follows: • The South 26 feet of the West 300 feet of Lot A, Recorded Exemption No. 1207-30-2-RE-284 recorded November 1, 1977 in Book 813 as Reception No. 1734878, being a portion of the Northwest 1/4 of Section 30, Township 3 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado. This deed is being recorded to correct the conveyance made in deed recorded November 10, 1969 in Book 617 as Reception No. 1539103 wherein the above 26 feet was not included in the legal description. 2526364 B-1583 F-263 12/26/1996 11:26A PG 1 OF 1 REC DOC I' Weld County CO JA Suki Tsukamoto Clerk & Recorder 6.00 • ` it � 7' • :',c Fee t.,�t i1M "ycu:�ti G"�-\"v- also known by street and number as: 13876 Elmore, Longmont, CO 80504 assessors schedule or parcel number: TO I IAVE 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(s),either in law or equity. to the only proper use,benefit and behold'of the grantee(s)her/his heirs and assigns forever. IN WITNESS WHEREOF The grantor(s)have executed this deed on the date set forth above, L Fr . Lan of a c u -rest Mary�,L. ,i.�onndolC a/k/a Mary landolt y� , ,_.p__` STATE OE COLORADO, sv County of Lt..' v'L9 w Jas"/ ' The foregoing instrument was acknowledged before me this 9)f/x day of November ,1996 !. by Fred G. Landolt a/k/a Fred Landoll and Mary l., Landolt a/k/a Mary Landoll. I My commission expires I '' ) - 4 V' Witness my hand and official seal, sc. :........ x`. (� if'C''', 'PeiCI.O'fAli•I'•,t _ • ✓,,�, I 'If in Denver.Insert`City and . "tt....„O,417c LW C:�1,; Nmme and Aid,,,idRnon(crating lt,ly(reat,d legallhuv,pl wnitl atl-IS-INi5XIt S.I ' N.,.911.Re..4-94. (41'114LAIM DEEM 4i ; '~_' Brull„n114,nI,.F,re I'41 W:vee A.Il�m�r 1Y,M,l(II' i1t 11.V. "p-_I-Vol 'tzr _� WARRANTY DEED THIS DEED, Made this 17TH day of DECEMBER, 1996 between Le Vora E. Arno• of the County of Weld and State of Colorado, grantor, and Alan Whittern and Cathy Dawn Whittern whose legal address is 13876 Elmore Road, Longmont, Colorado 80504 of the County of Weld and State of Colorado, grantees: WITNESS that the grantor for and in consideration of the sum of TWO HUNDRED FORTY SEVEN THOUSAND AND 00/100, ($247,000.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantees, their heirs and assigns forever, not in tenancy in common but in JOINT TENANCY, all 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, Ia of recorded Exemption No. 1207-30-2-RE-284 recorded November 1, 1977 in Book 813 as Reception No. 1734878, being a portion of the Northwest 1/4 of Section 30, Township 3 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado. also known by street and number as 13876 Elmore Road, Longmont, Colorado 80504 TOGETHER with all and singular the hereditaa,ents 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 hereditasents and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantees, their heirs and assigns forever. And the grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the grantees, their heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except • general taxes for 1996 and subsequent years; except easements, restrictions, covenants, conditions, reservations and rights of way of record, if any; Doc Fee 2526365 B-1583 P-264 12/26/1996 11:27A PG 1 OF 1 REG LOC Weld County CO JA Saki Taukamoto Clerk & Recorder 6.00 24.70 The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantees, their heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above. 4Z' Le Vora E. Arno STATE OF COLORADO ss. The foregoing instrument was acknowledged before me County of Weld } this 17TH day of DECEMBER, 1996 by Le Vora E. Arno Witness my hand and official seal. I N' Op My commission expires ./� 7) v, • NOTARY PURL C 1002 17TH AVENUE No. 921 A. Rev. 3-85 LONGMONT, COLORADO 80501 Hello