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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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20082329.tiff
• CHANGE OF ZONE (Z) APPLICATION FOR PLANNING DEPARTMENT USE DATE RECEIVED: RECFIPT/AMOUNT# /$ CASE # ASSIGNED: APPLICATION RECEIVED BY PLANNER ASSIGNED: Parcel Number 120730200044 (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: 25627N PT NW4 30 3 68 BEG SW CDR OF NW4 THENCE NLY ALONG W LN OF SEC 1750'&ELY 50'TO TRUE POB THENCE CONT ELY 197.8'SLY 180'WLY 197.8'&NLY 180'TO TRUE POB (.21R) 13810 1 CR WELD 00000 Township Range Section Quart. Sec. 03 - 68- 30- 2 Property Address (If Applicable): 13810 WCR 1 Existing Zone District:Residential Proposed Zone District:Ur. .iltural Total Acreage: .8285 Proposed#/Lots: 1 Average Lot Size:N/A Minimum Lot Size:N/A Proposed Subdivision Name:N/A • FEE 8 w k(S�OF THE PROPERTY(If additional space is required,attach an additional sheet) Name:NViilliarm`D.and Inez E.Prather Work Phone#: Home Phone# 303-776-2191 Email Address: Address: 13810 WCR 1 City/State/Zip Code:Longmont,Colorado 80504 APPLICANT OR AUTHORIZED AGENT(See BelowAuthoizatun mist aaonpany applicationssignal 1yAutborizedAgent) Name:Daniel P.Kapsak Work Phone#: 303-651-9330 Home Phone:N/A Email Address:dkapsala kapsaklaw.com Address: 1610 Hover Road,Suite 203 City/State/Zip Code:Lamont,Colorado 80501 UTILITIES: Water:Longs Peak Water District Sewer:Septic System Gas: Excel Electric:United Power Phone:303-637-1300 DISTRICI5: School: St. Vrain Valley Fire:Mountain View Fire Protection District Post:Longmont Post Office 2008-2329 • 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 ev ence must be included in eating signatory has the legal authority to sign for the corporation. • 1.9 IL- Lo-2-4101 �a7 I2- 2,0 -'7001 Signatur :Owner 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. P Client(s) Date /14-#42 /S riaciO2 o Clienf(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 sunvunding land uses? Include a description of existing land uses for all properties adjacent to the subject property. • • There are 7 adjacent properties and 2 of those are requesting the same proposed rezoning. The approval of the proposed rezoning would create compatibility among the properties by allowing all 7 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 information 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 road 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: 25627N PT NW4 30 3 68 BEG SW COR OF NW4 THENCE NLY ALONG W LN OF SEC 1750'&ELY 50'TO TRUE POB THENCE CONT ELY 197.8' SLY 180'WLY 197.8'&NLY 180'TO 1RUE POB (.21R) 13810 1 CR WELD 00000 Parcel Number 120730200044 (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) knowledge. Signature Date • • AFFIDAVIT OF INTEREST OWNERS MINERALS AND/OR SUBSURFACE Property Legal Description: Legal Description: 25627N PT NW4 30 3 68 BEG SW COR OF NW4 THENCE NLY ALONG W LN OF SEC 1750'&ELY 50'TO TRUE POB THENCE CONT ELY 197.8' SLY 180'WLY 197.8'&NLY 180'TO TRUE POB (.21R) 13810 1 CR WELD 00000 Parcel Number 120730200044 (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 o w dge. Gr4 O Signa e i e ture Date • WELD COUNTY ROAD ACCESS INFORMATION SHEET Road File#: Date: • 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-t4J t rHcy Prc Phone 3O&- 2 1 G a (9 Address I?t(O c—kM Co,_I-y ¢. a,9 C City t'ogan- .AI- State CJ Zip C-O50Yc 2. Address or Location of Access Z 1JnCwc,y CV. Ma r,«s Cyst 19c/dC0ci y )t-o«a I Section Township Range Subdivision Block Lot Weld County Road#: Side of Road Distance from nearest intersection:3ni property se(.4th c.p £,4, 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 5. Site Sketch Legend for Access Description: AG = Agricultural RES = Residential (0 / O&G = Oil&Gas = ar° b D.R. = Ditch Road O = House at O = Shed O • s • O Ni CM 7 F ******************_************,„1/4**** 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 pperma Denver, Colorado 80203 Phone 303.866.2611 Fax 303.866.2461 DEPARTMENT OF NATURAL RESOURCES Bill Ritter December 17, 2007 Governor Harris D.Sherman Jacqueline Hatch Executive Director Weld County Planning & Building Legal Description: Vincent Matthews Section 30, T3N,R68W Division Director and 4209 CR 24.5 of the 6"'P.M. State Geologist Longmont, CO 80504 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 6`h 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.doc 9:33 AM.12/172007 • • - N =2.. mQ I-< p u9 Off4' < OD U ¢ t *, <0 L I=- W al0O t• a al O H O O p J r. 1 _.. oo N V3 _ t` O Cl b Cl • r W M O L • O O fr- E U O ,ia. — ¢ O V o W J O F C 0] M z N U .. ��.. W N .: n o z 0 0 p Ili is., U o LL G O z C Wo _ O w W N h C F x Cl F - o ------ a 0 z O cv °' ornW 4O V co▪ § moo � QZ a h : oo W O Wpo c o � 3 en co M W Z Q a¢O 44• ''• — w r Dal a < J U U' >O ap:' O O S • Z r Z •�,'�'• - J U W O m O 0 a N J oo0 • jarl DEPARTMENT OF HEALTH • 151716 AVENUE COURT GREELEY, COLORADO 80631 C. ADMINISTRATION (970) 353-0586 HEALTH PROTECTION (970) 353-0635 COLORADO COMMUNITY HEALTH (970) 353-0639 FAX (970)356-4966 July 30, 1996 William and Inez Prather 13810 WCR 1 Longmont, Co 80504 RE: William and Inez Prather ISDS No. : 96-037/0860 Permit No. : SE-960084 Dear Mr.and Mrs. Prather: On July 19, 1996, an evaluation of the existing individual septic disposal system at 13810 Weld County Road 1,Longmont, Colorado; Section 30, Township 03 North, Range 68 West, was conducted by Troy Swain. • The existing individual septic disposal system is of sufficient size and capacity to adequately handle the proposed load. This evaluation is based on a final • treatment capacity for a 3 bedroom residence. Be advised, neither the County of Weld nor any of its agents or employees undertake or assume any liability to the owner of the above property, to any purchaser of the above property or to any lending agency making a loan on the above property or in the report. This inspection was conducted for the purpose of determining compliance with current regulations and for detecting health hazards observable at the time of inspection. This does not constitute a warranty that the system is without flaw or that it will continue to function in the future. Inspections requested during periods of snow cover and high soil saturation may be of questionable value to potential buyers due to Adverse conditions. Evaluations based on Statements of Existing (S.u.E.) relies on information the property owner provides, under oatn, indicating current status of the system and representing to the best of his/her knowledge the system is not failing to function properly. If we can be of any further assistance, please contact our office at 353-0635. Sincerely, Troy Swain Environmental Protection Specialist TS/rb-0860 • Enclosure (1) • cc: Weld County Planning Department AFFIDAVIT OF INTERESTED LAND OWNERS Page 1 of 1 .0111Uam net Prather AFFIDAVIT OF INTERESTED LAND OWNERS • SURFACE ESTATE Subject Parcel: 120730200044 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 been modified from the origi 1. The list compiled from the records of the Weld County Assessor was assembled within thirty t(e application's submission date. ature 0 Date Property Owners Within 500 ft. of Parcel# 120730200044 NAME I MAILING ADDRESS I PARCEL IDENTIFICATION # BOYD JAMES JR-50 INT PO BOX 814 120730200042 • Additional Owners: SILVERTHORN,CO 80498 BOATMAN JOHN REESE-50 INT CLARK RALPH & 13776 CR 1 Additional Owners: 120730200037 CLARK AMY& LONGMONT,CO 80504 WHEELER ERNEST E 13754 CR l GRUBBS BARTON J 120730200012 LONGMONT,CO 80504 HUCAL STEPHEN K & 13920 CR 1 Additional Owners: 120730200070 HUCAL GABRIELA LONGMONT,CO 80501 MC COLLUM PRESTON C& 13722 CR 1 120730200046 Additional Owners: LONGMONT,CO 80501 MC COLLUM BONITA J SCHAAL CARL & 13900 CR 1 120730200016 Additional Owners: LONGMONT,CO 80504 SCHAAL PAMELA M SCHAAL CARL & 13900 CR 1 d120730200017 Additional Owners: LONGMONT,CO 80504 SCHAAL PAMELA M http://maps2.merrick.com/website/weld/setSgl.asp?cmd=buffer&PIN=120730200044&Par... 4/17/2008 • • This Instrument Was Prepared By: CAP3n CIIdiIDaT 14121134013 DENVER - WHOLESALE 6143 SO. IC1LW 1R. 578#406 GREE2 CCOD VILLAGE, CO 80111 When Recorded Mail To: CAPTIOL M)RIGAGE CO. P O BOX 276477 SACRAMENTO,CA 95827-6477 [Space Above This Line For Recording Data; Loan No: 281688 Parcel ID No: 120730200044 DEED OF TRUST MIN: 1000327-0000281688-7 • • DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, II, 13, 18. 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A)"Security Instrument"means this document, which is dated NOVEMBER 5, 2002 • together with all Riders to this document. (B)"Borrower" is D. WILLIAM PRATHER and INEZ E. PRATHER Borrower is the Irustor under this Security Instrument. (C)"Lender" is CAP= £Us2I1ERCE 1VRIG4GE CD., A CALIFORNIA CVRRTRATIEJ Lender is a CORPORATION organized and existing under the laws of CALIFORNIA Lender's address is 3600 AMERICAN RIVER DRIVE SUITE 150, SACRAMEN117, CA 95864 (D)"Trustee" is the Public Trustee of WELD County, Colorado. 12727 56992 00-r3r LOW ND: 291688 COLORADO-Single Famliy-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT wiih MERS Form 3006 1/01 DRAW.MERS.CO.CVL.DT.I.WPF(0101DDCS\DEEDS\CVL\CO MERS.CVL) (page I ofO➢ages) • • ``II S (E)"MERS"is Mortgage Electronic Registration Systems.Inc.MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument,MERS is organized and existing under the laws of Delaware,and has an address and telephone number of P. O. Box 2026. Flint, Michigan 48501-2026, tel. (889) 679-MERS. (F)"Note" means the promissory note signed by Borrower and dated NOVEMBER 5, 2002 The Note states that Borrower owes Lender THREE HUNDRED THOUSAND and NO/100 Dollars (U.S. $ 300,000.00 )plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than DECEMBER 1, 2032 (O)"Property"means the property that is described below under the heading"Transfer of Rights in the Property." (H)"Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (I)"Riders" means all Riders to this Security Instrument that are executed by Borrower.The following Riders are to be executed by Borrower[check box as applicable): I I Adjustable Rate Rider I I Condominium Rider I I Second Home Rider I I Balloon Rider I I Planned Unit Development Rider I I Other(s) Ispecifyl ( I 1-4 Family Rider I I Biweekly Payment Rider ( I V.A. Rider (1)"Applicable Law"means all controlling applicable federal,state and local statutes,regulations,ordinances and administrative rules and orders(that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (K)"Community Association Dues,Fees,and Assessments"means all dues,fees.assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar • organization. (L)"Electronic Funds Transfer" means any transfer of funds,other than a transaction originated by check,draft, • or similar paper instrument,which is initiated through an electronic terminal,telephonic instrument,computer,or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such arm includes, but is not limited to, point-of-sale transfers,automated teller machine transactions. transfers initialed by telephone, wire transfers,and automated clearinghouse transfers. (M)"Escrow Items"means those items that are described in Section 3. (N)"Miscellaneous Proceeds" means any compensation,settlement, award of damages,or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (O)"Mortgage Insurance"means insurance protecting Lender against the nonpayment of,or default on,the Loan. (P)"Periodic Payment"means the regularly scheduled amount due for(i) principal and Interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (Q)"RESPA" means the Real Estate Settlement Procedures Act(12 U.S.C. 42601 et seq.)and its implementing regulation. Regulation X(24 C.F.R. Part 3500), as they might be amended front time to lime, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA"refers to all requirements and restrictions that are imposed in regard 10 a"federally related mortgage loan"even if the Loan does not qualify as a"federally related mortgage loan"under RESPA. (R)"Successor in interest of Borrower" means any party that has taken title to the Property,whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. 12727 56892 ©0-FF [MAN WI 281688 COLORADO—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS Form 3006 I/01 DRAW.MERS.CO CVL.DT.2-WPF(0101DOCS\DEEDS\CVL\CO_MERSCVL) (page 2 of 13 pngar) • • Lt. EXHIBIT A • A PORTION OF THE NW1/4 OF SECTION 30, TOWNSHIP 3 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY • DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NW1/4 OF SAID SECTION 30; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SECTION 30, 1750.0 FEET; THENCE EASTERLY 50.00 FEET AT AN ANGLE OF 90 DEGREES 42 MINUTES FROM SOUTH TO EAST TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING EASTERLY 197.8 FEET; THENCE SOUTHERLY 180.0 FEET PARALLEL TO THE WEST LINE OF SAID SECTION 30; THENCE WESTERLY 197.8 FEET AT AN ANGLE OF 90 DEGREES 42 MINUTES FROM NORTH TO WEST; THENCE NORTHERLY PARALLEL TO AND 50.00 FEET EASTERLY OF THE WEST LINE OF SAID SECTION 30, 180.0 PEET TO THE TRUE POINT OF BEGINNING, COUNTY OF WELD, STATE OF COLORADO. • • • FT F25018578 • • TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of this Security Instrument is MERS(solely as a nominee for Lender and Lender's successors and assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Loan,and all renewals,extensions and modifications of the Note; and (ii) 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 the County of WELD SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. which currently has the address of 13810 WELD COUNTY ROAD #1 [Sir fell LONGMONT lay], Colorado 80504 Rip Code] ("Property Address"): 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 understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument;but,If necessary to comply with law or custom,MERS(as nominee for Lender and Lender's successors and assigns)has the right:to exercise any or all of those interests,including,but not limited to.the right to foreclose and sell the Property;and to take any action required of Lender including, but not limited to,releasing • and canceling this Security Instrument. • BORROWER COVENANTS(hat 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 and liens for taxes for the current year not yet due and payable. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited 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, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency.However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or(d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15.Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is 12727 56892 ©0-tF LOAN NO: 281688 COLORADO-Single Family-Fannie Mee/Freddie Mac UNIFORM INSTRUMENT with MERS Form 3006 I/01 DRAW.MERS.CO.CVL.DT.3.WPF(0101OOC5\DEEDS\CVL\CO_MERS.CVL) (page 3 of I I pages) • • .11 • • not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date,then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time,Lender shall either apply such funds or return them to Borrower.If not applied earlier,such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a)interest due under the Note; (h)principal due under the Note; (c)amounts due under Section 3.Such payments shall be applied to each Periodic Payment in the order in which it became due.Any remaining amounts shall be applied first to late charges,second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that,each payment can be paid in full.To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments,such excess may he applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments,insurance proceeds,or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items.Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid In full, a sum(the"Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b)leasehold payments or ground rents on the Property, if any; (c)premiums for any and all insurance • required by Lender under Section 5; and (d) Mortgage Insurance premiums. if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of • Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees,and Assessments,if any, be escrowed by Borrower, and such dues,fees and assessments shall be an Escrow Item.Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items, Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time.Any such waiver may only be in writing. In the event of such waiver,Borrower shall pay directly.when and where payable,the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires. shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase"covenant and agreement"is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver,and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and,upon such revocation, Borrower shall pay to bender all Funds, and in such amounts, that are then required under this Section 3. Lender may.at any time,collect and hold Funds in an amount (a)sufficient to permit Lender to apply the Funds at the time specified under RESPA, and(b) not to exceed the maximum amount a lender ran require under RESPA. Lender shall 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 an institution whose deposits are so insured)or in any Federal Home Loan Bank.Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender 12727 56892 ©0-FP LCW ND: 281688 COLORADO-Single Family—Fannie Mac/Freddie Mac UNIFORM INSTRUMENT with MERS Form 3006 1/01 DRAW.MERS.CO.CVL.DT.4.WPF(0I0IDOCS\DEEDS\CVL\CO MERS.CVL) (page 4 of I)page,) • • • • shall 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.Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow,as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,as defined under RESPA, Lender shall notify Borrower as required by RESPA. and Burrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA,but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA. and Borrower shall pay to Lender the amount necessary to stake up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges;Liens. Borrower shall pay all taxes, assessments,charges.fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property,if any,and Community Association Dues, Fees,and Assessments.if any.To the extent that these items are Escrow Items,Borrower shall pay Them in the manner provided in Section 3. 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,but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in,legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the hen to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument. • Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given. Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. • Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected mu the Property insured against loss by fire,hazards included within the term"extended coverage."and any other hazards including,but not limited to. earthquakes and floods, for which Lender requires insurance.This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall he chosen by Borrower subject to Lender's right to disapprove Borrower's chuice, which right shall not be exercised unreasonably.Lender may require Borrower to pay,in connection with this Loan, either: (a) a one-lime charge for flood zone determination. certification and tracking services'. or (b) a onetime charge for flood zone determination and certification services and subsequent charges each time renrappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above,Lender may obtain insurance coverage, at Lender's option and Borrower's expense.Lender is under no obligation to purchase any particular type or amount of coverage.Therefore,such coverage shall cover Lender. but might or might not protect Borrower, Borrower's equity in the Property,or the contents of the Property,against any risk,hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall hear interest at the Note rate from the date of disbursement and shall be payable. with such interest, upon notice from Lender to Borrower requesting payment. 12727 56892 ©0-87 MAN ND; 281688 COLORADO Single Family—Fannie Mac/Freddie Mac UNIFORM INSTRUMENT with MGRS Form 3006 I/01 DRAW.MERS.CO.CVL.DT.s.WPF(ouUIDOCS\DItEDS\CVL\CO_MeRS.CVL) • • II • • All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies,shall include a standard mortgage clause,and shall name Lender as mortgagee and/or as an additional loss payee and Borrower further agrees to generally assign rights to insurance proceeds to the holder of the Note up to the amount of the outstanding loan balance. Lender shall have the right to hold the policies and renewal certificates.If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices.If Borrower obtains any form of insurance coverage,not otherwise required by Lender,for damage to, or destruction of, the Property,such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee and Borrower further agrees to generally assign rights to insurance proceeds to the holder of the Note up to the amount of the outstanding loan balance. 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, any insurance proceeds,whether or not the underlying insurance was required by Lender,shall be applied to restoration or repair of the Property,if the restoration or repair Is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction. provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds,Lender shall not be required to pay Borrower any interest or earnings on such proceeds.Fees for public adjusters,or other third parties. retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. 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 the excess, if any, paid to Borrower.Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters.If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may negotiate and settle the claim.The 30-day period will begin when the • notice is given. In either event,or if Lender acquires the Property under Section 22 or otherwise.Burrower hereby assigns to Lender(a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid • under the Note or this Security Instrument,and(b)any other of Borrower's rights(other than the right to any refund of unearned premiums paid by Borrower)under all insurance policies covering the Property,insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 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. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property,allow the Property to deteriorate or commit waste on the Property. Whether or not Burrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible,Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage.If insurance or condemnation proceeds are paid in connection with damage to.or the taking uf,the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation fur the completion of such repair or restoration. Lender or its agent may make reasonable entries upun and inspections of the Property. If it has reasonable cause,Lender may inspect the interior of the improvements on the Property. Lender shall give Burrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 12727 56892 ©o-Fr ILaaN ND: 281688 COLORADO-Single Family--Fannie MadFreddic Mac UNIFORM INSTRUMENT with MERS Form 3006 1/01 DRAW.MERS.CO.CVL.DT.6.WPF(UIUIDOCS\DEEDS\CVL\COMERS.CVL) (pa_ge 6 d ii p.reesl • • 8. Borrower's Loan Application. Borrower shall be in default if. during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false,misleading, or inaccurate information or statements to Lender(or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b)there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument(such as a proceeding in bankruptcy,probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property,then Lender may do and pay for whatever is reasonable or appropriate to protect Lenders interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited in. (a)paying any sums secured by a lien which has priority over this Security Instrument; (b)appearing in court,and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to,entering the Property to make repairs,change locks,replace or board up doors and windows,drain water from pipes,eliminate building or other code violations or dangerous conditions, and have utilities turned on or o6'. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so.It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument.These amounts shall hear interest at the Note rate from the date of disbursement and shall he payable.with such interest, upon notice from Lender to Borrower requesting payment. 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. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, • Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason. the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, 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 selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in lull. and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage(in the amount and for the period that Lender requires)provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve,until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law.Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender(or any entity that purchases the Note)for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. 12727 56892 ©0-17 14Mr NS: 281688 COLORADO—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS Form 3006 I/0l DRAW-MERS.CO.CVL.DT.7.WPF(0I0tDOCSV DEEDS VCVLACO_MERS.CVL) (page 7 of U page,/ • i • • Mortgage insurers evaluate their total risk on all such insurance in force from time to lime, and may enter into agreements with other parties that share or modify their risk, or reduce losses.These agreements are on terns and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements,Lender,any purchaser of the Note,another insurer,any reinsurer,any other entity, or any affiliate of any of the foregoing, may receive(directly or indirectly) amounts that derive from (or might be characterized as)a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed"captive reinsurance."Further: (a)Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance,or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b)Any such agreements will not affect the rights Borrower has' if any' with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law.These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. II. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single • disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds,Lender shall not be required to pay • Borrower any interest or earnings on such Miscellaneous Proceeds.If the restoration or repair is not economically feasible or Lender's security would be lessened.the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess,if any,paid to Borrower.Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking.destruction.or loss in value of the Property,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiptied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking,destruction,or loss In value divided by(b)the fair market value of the Property immediately before the partial taking,destruction,or loss in value.Any balance shall he paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the suns secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous 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 Opposing Parry (as defined in the next sentence)offers to make an award to 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 12727 56892 ©0-FF MAN ND: 281688 COLORADO-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS Form 3006 I/01 DRAW.MERS.CO.CVL.DT.a.WPF(altlDoCsVDEEDSVCVLACO_MERS.CVL) (page S of 13 pages; • i • • • Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding,whether civil or criminal,is begun that,in Lender's judgment,could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to he dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall he applied in the order provided for in Section 2. 12. 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 Bon ower or any Successor in Interest of Borrower shall not operate to release the liability of Burrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to 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 any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons,entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several.However,any Borrower who co-signs this Security Instrument but does not execute the Note (a"co-signer"): (a)is co-signing this Security Instrument only to mortgage,grant and convey the co-signer'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 can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. • Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender,shall obtain all of Burrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall hind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14.Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including,but nut limited to,attorneys'fees,property inspection and valuation fees.In regard to any other fees.the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan 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(whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 12727 56892 ©d-FF MAN NO: 281688 COLORADO-Single Family--Fannie Mae/Fredthe Mac UNIFORM INSTRUMENT with MFRS Form 3006 1/01 DRAW.MERS.CO.CVL.DT.9.WFF(n I0IDOCSV DEEDS VCVLACO MERS.CVLI Ipage 9 0113 pay,y • • • 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing.Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means.Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time.Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address staled herein unless Lender has designated another address by notice to Borrower.Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender.If any notice required by this Security Instrument is also required under Applicable Law,the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16.Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located.All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law.Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract.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. As used in this Security Instrument: (a)words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b)words in the singular shall mean and include the plural and vice versa;and(c) the word "may"gives sole discretion without any obligation to take any action, 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. I8.Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest • in the Property"means any legal or beneficial interest in the Property,including, but not limited to,those beneficial interests transferred in a bond for deed,contract for deed,installment sales contract or escrow agreement,the intent of which is the transfer of title by Burrower at a future date to a purchaser. • If all or any part of the Property or any Interest its the Property is sold or transferred(ur if Borrower is nut a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument.However,this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. 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 given in accordance with Section IS 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. 19.Borrower's Right to Reinstate After Acceleration.If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b)such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or(c) 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, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument,shall continue unchanged.Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms,as selected by Lender: (a)cash: (b) money order; (c)certified check, bank check, treasurer's check or cashier's check. provided any such check is drawn upon an institution whose deposits 12727 56892 ©0-FP LOW ND: 281688 COLORADO—Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS Form 3006 I/01 DRAW.MERS.CO.CVLDT.te.WPF(0101DOCS\DEEDS\CVL\CO_MERS,CVL) (pap:10011J 1J pagca) • • • are insured by a federal agency,Instrumentality or entity;or(d) Electronic Funds Transfer.Upon reinstatement by Borrower,this Security Instrument and 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 Section 18. 20.Sale of Note;Change of Loan Servicer;Notice of Grievance.The Note or a partial Interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity(known as the"Loan Servicer")that collects Periodic Payments due under the Nate and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument,and Applicable Law.There also might he 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 which will state the name and address of the new Loan Servicer,the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence.join,or be joined to any judicial action(as either an individual litigant or the member of a class)that arises front the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason uf, this Security Instrument,until such Borrower or Lender has notified the other party(with such notice given in compliance with the requirements of Section 15)of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken,that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances,pollutants,or wastes 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; (b) "Environmental Law"means federal • laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law;and(d)an"Environmental Condition" means a condition that can cause.contribute t0, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage. or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do.anything affecting the Property(a)that is in violation of any Environmental Law,(b)which creates an Environmental Condition, or(c)which, due to the presence,use. or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property.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 (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of(a)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, (b) any Environmental Condition, including but not limited to, any spilling. leaking. discharge, release or threat of release of any Hazardous Substance.and(c)any condition caused by the presence,use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority. or any private party, 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. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. 12727 56892 ©0-FF LQ4N 2A: 281688 COLORADO--Slagle Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT with MERS Form 3106 /01 DRAW.MERS.CO.CVI.UT.I I.WPF(n101DOCS\DEEDS\CVL\CO_MERS.CVL) (page/ nl•/,pages) • • • • NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows: 22. 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 Section 18 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 Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. 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 Borrower as provided in Section 15.Trustee shall record a copy of the notice in the county in which the Property 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. 23.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. 24. Waiver of Homestead. Borrower waives all right of homestead exemption in the Properly. THIS SPACE INTENTIONALLY LEFT BLANK 12727 56892 O0-FP LOAN NO: 281688 COLORADO--Single Family—Fannie Mee/Freddie Mac UNIFORM INSTRUMENT with MERS Form 3006 UOI DRAW.MERS.CO.CVL.OT.I2.WPF(010tDOCS\DEEDS\CVL\C0 12 of O pa ges) (page • • ''•11 • • BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with B. (Seal) (Seal) D. WILLIAM PRATHER -Borrower INEZ E. PRATHER -Borrower (Seal) (Seal) Borrower Borrower (Seal) (Seal) Borrower -Borrower STATE OF COLORADO, County, ss: The foregoing instrument was acknowledged before me this day of .by • • Witness my hand and official seal. • Notary Publk My Commission Expires: 12727 56892 C30-13e LOW IC: 281688 COLORADO--Single Family—Fannie Mae/Freddk Mac UNIFORM INSTRUMENT with MERS Form 3006 I/01 DRAW.MERS.CO.CVL.DT.13.WPF(OIOIDOCS\DEEDS\CVL\CO MERS.CVD (page 13 of 13 pages) • • 0,11 ,3n/Z' &Ct / OCT :9 '93 16:12 HALL a ASSOCIATES 3036631182 TO: 66"3262 P01 1 , I ItwourrIQ4: A PORTION or THE NW 1/4 OF SECTION 30, TOWNSHIP 3 NORTH, •IANGE 54 NEST OF THE 6TH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS! • WINNING AT THE SOUTHWEST CORNER OF THE NH 1/4 OF SAID SECTION 30; THENCE NORTHERLY ALONG TEE WEST LINE OF SAID SECTION 30 1150.0 FEET; THENCE EASTERLY 50.00 FEET AT AN ANGLE OF 90 DEGREES 42 MINUTES FROM SOUTH TO EAST TO THE TAOt POINT OF BEGINNING; THENCE CONTINUING EASTERLY 197.8 FESt; THENCE SOUTHERLY 150.0 FELT PARALLEL TO THE WEST LINE OF SAID BEOtION 30; THENCE WESTERLY 197.5 FEET AT AN ANGLE OF SD DEGREES 42 MINUTES PROM NORTH TO WEST; THENCE NORTHERLY PARALLEL TO AND 50.00 FEET EASTERLY OF THE WEST L1NE OF SAID SECTION 30 150.00 FEET TO Tllt TRUE POINT OF BEGINNING, COUNTY OF MELD, STATE OF COLORADO. FLOOD CERTIFIM E: This property is located in Zone "C" in 'accordance with U.S. Department of Housing and Urban Development Flood Insurance Rate Map; Coumunity Panel #080266 OB50C; Effective September 28, 1982. LEGAL. DEEEMOTTION FROM: Chicago Title. Commitment No. 973012. PERPAGE COMPANY: Central Rockies. BORROWER: Prather. Fil • Easement information fran the Title Conmittnent, AU P44. m goq•;e?QQr\ Vg7,E50' • A 34 3a •i i • I • r X ,l O ri GTENHE No God .F , 2 , 3 y o e• z $ o, 0 V I N ^ ® D. B N J ° i 0{7163= wi ii 'w...LK-a.1r �uiMT , 2y r._. __ 71,E -- N 1111( i 00 PA slib9eIWO,'\h/ _ 19- BO V x •1 • I s • 4,1 • i r. H � 0 No m Atr , 2 i r ,....t4 A U. I \i'T i Z ot. zz ice x N ei r 1 1GK. N.,/ , � W 'WKM Y 2.D N + VI t • i` ). ,- v e •ir FD F'rt goci IISPNOvtmint LOCATION CINTrICATE.-e_e — r{rltle. I Mr,bv art':ry'hat ml,ImproveLennonenLennon Corneae*wit;revered for_.. 11. • i , Intl It 4 not a Land Survey Pl.t or ImpfovimMI Survey P1.1.and MIT 4 npl lit a riled upon for Mt daablIenmonl of fence,oulldins.or DIM.future V 4k. Im pravoment 111e.. )4.,$‘414..4.1 Q�` ^1��� I further eerily Ines the Impl0vernem.on me above-described parent en tint deal 0/1 5/9),*Neel tinkly connsodWN,are M1Iteiy within IM G•$1(q' ti. boundefit 01 the Perak•401101 II Shawn.Met there w no M rme eao atoachnl pion tit dtlwd priest toy Improvements on any adjoining p . .1% F `;; sleep?a InMG1ad OW WW II/end e Ia ne eppMM evldpte or alit of any eaeemaat aoNlnd or burdening any pen of mid pet/.googol as noted. ' IIUIA1E Sod linew/Hintlinelmpro•omen.eeatIon Cawm 'e g e. wu pto w ed foes* mimeu.ebylhe mimeono/no/end INDNMwna inneempeny.II O 151 7o/Y r. noteLand Survey Plat In tecord,na with Gaoled;Reviledlteluel da-SI-I00,916)er an Impressment Surrey Pet Inao0Ordaelte with Colorado Revised Matta*31-5I-100.310 Il does runt at properly comeniTMlrue represnnlrlon almprovemenhildtMoound.W lines den only So determined byes Tell'tie O , Imires/bent Surrey.TMlmpro*mMtselapnwrplly eluded es ono/and onlyalMrent impresetenb and encrodghminetre no*.Hill AAaeolales, /4',1w4. O.�w CD Ina,wlp not ae(hats for more thin the deal Of Mk Improvement Ld50llon Znnlflae and ten only to the perion, preens Sr Oomppny wmSI11re Iit RIC 'a, 7 Impovemenl LOaalbn 01011105?.Wa prNMM for tl elated In IM corneas*hereon.• ..r;'CQ%Q MALI.A ASSOCIATES, INC. 010n Mw�� PIOIotlIOie Lend SurvOtwoyoq p U/r 002 Nadwodd Orwa oat.: 10/19/93 __ Lovrdand,CO 10091 (3031 *3.117? SCALE DATE DRAWN DRAWN IY ADDRESS REVISED RILE NUMBER 1"ae30' 10/18/93 NCR 13810 Weld County Road #1 , Longmont, CO I93-12108 • - INVOICE • Greeley Division 1801 59th Avenue, Suite 203 Greeley, CO 80634 BILL TO: The Kapsak Law Firm, LLC Invoice Date: April 19, 2008 1610 Hover Rd., Ste. 203 Payment Due: May 19, 2008 Longmont, CO 80501 Invoice No: 256 ATTN: Jennipher Jobe Reference: Certificate of Conveyance-D. Williams & Inez Prather 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 r 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: See Attached Exhibit "A" CONVEYANCES (if none appear, so state): Reception No.: 1508988 Book: 587 Reception No.: 1689531 Book: 768 Reception No.: 1772405 Book: 850 Reception No.: 1879047 Book: 958 Reception No.: 1915026 Book: 987 • Reception No.: 2034411 Book: 1093 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 9F GREELEY BY: ` 4u \ e 7--4.-'m- Authoriz d Signature • • EXHIBIT "A" A portion of the NW: of Section 30, Township 3 North, Range 68 West of the 6th P. M. , more particularly described as follows; . - BEGINNING at the Southwest corner of the NW, of said Section 30; thence Northerly along the West line of said Section 30 1750.0 feet; thence Easterly 50.00 feet at an angle of 90°42 ' from South t6-East to the TRUE POINT OF BEGINNING; thence continuing Easterly 197.8 feet; thence Southerly 180.0 feet parallel to the West line of said Section 30; thence Westerly 197.8 feet at an angle of .90°42' from North to West; thence Northerly parallel to and 50 .00 feet Easterly of the West line of said Section 30 180.0 feet to the TRUE POINT OF BEGINNING. • • Identify Results Page I or" WELD COUNTY ASSESSOR PROPERTY PROFILE Acit#: R4777386 Parcel#: 12073020004 : Tax Area: 2325 Bordering County: Acres: 0.8285 Township Range Section Quart. Sec. Subdivison Name Block# Lot# ,�,.• 03 - 68 -30- 2 - - Owners Name &Address: Property Address: • - PRATHER D WILLIAM & Street: 13810 1 CR 88' 13810 CR 1 City: WELD LONGMONT, CO 80501 Additional Owners: PRATHER INEZ E Business/Complex: Sales Summary ',„„ Sale Date Sale Price Deed Type Reception # "'" 12/3/1985 $92,500 X0011780 Legal Description r - 25627N PT NW4 30 3 68 BEG SW COR OF NW4 THENCE NLY ALONG W LN OF SEC 1750' & ELY 50' TO TRUE POB THENCE CONT ELY .., 197.8' SLY 180' WLY 197.8' &NLY 180'TO TRUE ROB (.21R) SITUS: 13810 1 CR WELD 00000 • Land Valuation Summary Lana Type Abst Code Unit of Number of Assessed Actual Value Measure Units Value Residential 1112 Site Land Subtotal: $51,617 $4,110 ^" Buildings Valuation Summary Bldg# Property Type Actual Value Assessed Value 1 Residential Improvements Subtotal: $190,149 $15,140 ...„,. y Total Property Value $241,766 $19,250 Building Details Account#: R4777386 Parcel#: 12073020004,1 .. Owners Name &Address: Property Address: PRATHER D WILLIAM & Street: 13810 1 CR 13810 CR 1 City: WELD --- LONGMONT, CO 80501 "" ' B�g# Property Type "` Residential http://maps2.merriek.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=12073020004... -1/7.1200 Identity Results Page 2 0l Individual Built As Detail Built As: Ranch 1 Story Year Built: 1974 E or: Frame Hardboard HVAC: Forced Air I r Finish: Drywall Built As SQ Ft: 1186 ..,. # o Baths: 2 Roof Type: # of Bdrms: 3 Roof Cover: Composition Shingle # of Stories: 1 Rooms: 1 Units: 0 Garage: Attached SQ Ft 546 Detached SQ Ft: ..,. Basement: Total SQ Ft: 1146 Finished SQ Ft: 600 „.. • • • http://maps2.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=12073020004... 4/7'20u • y; �6�'A Ka Rwkdw.. !a!_ �.. r r OCT 1!1ffi I h. S . 687 ,I:p:: 7'Y Dna vs.is. 3rd p• October , RCECIL R. CLINE end EMILY A. ELMRt • • .._.__-.._._._. elan Car SOON? sot Sad ' ;Wasik w r low sot ad ------ ) JERRY I. HIATT and EVCLYN R. NIATT P der Capri Balder sod Skis el Odraet r aid leis I MIT'M W S]9.Ow Ss W Nod••el the Int sot M sot le sorldondeo st r s el c° . - .• a at MW MUMS S AM OTHER CONSIOtMTI ONE DOIS.Aff. ai robe W sn/l p.l r iwtpls6nyY W said y r sold a '. I r�tr►l Sryt r.ea•s.bead h Zit I Nawf111tett tslA G_'111' as. 6... I ■serer Y oar bee Y hit ka0.a the loLobe d.aW Y1 orlon! et lad.aft Vasa . . •••• Iig Yee Cwpd Weld sot lair d Ordtk.t. n A tract of lead sItsatel In the Northeast *mortar ( it4) of Section o Thirty ( )0'), Township Vireo ( ) ) North, Rage Slaty-sight ( Id ) a Vest of the 6th I.N., Weld Canty, Colorado, described as follower p Beginning et the Southwest corner of the Northeast pewter ( Slit) of beat said Section thirty ( )0 ), thane North .lag the line of said I Section Thirty ( )0 ), • distaca of 1750.0 feet to the tree point of beginning, thence Lest 241.6 feet et a angle of 9dht• fro South to I %• Lost, thence South )60.0 feet walls' to the host line of said Swtla We !i Thirty ( )0 ), ChoateWest SIT.' fort at an angle 9"2.9"2.f 9 free North • to Yost We )C to the west line of said Settles Thirty f )0))(e the tree North 0 ee • ong the West line of said Section Thirty , r + • \ . � E . • . . .••.Se odd enflame. r la honks.t the send pat Y W.sod*Sow Styr.And the or pert tsar mow p..t whim ed ne, e~ their bee,roar.mod arYYrsre do e.sesl Pet.rink d ass l•a.a r odd danek 1 d 201 Ill O tea ass*a akina. molded nonevent; anb)es o Sty t tit Iles molting a Ira the Inclusion of of said reelreel sea In the Northern Colorado*tar Caseryamoy te I . Oi strict; also subject to 1967 taxes which grantees same ado aline to gay. •e �Id1 ��11N�y t�ag6 rNt�Sll anNy/ � ye • a` (. part Nli r�RpN�Int pin ilISNIg1 SW* � 17O1 1i1 y} 9 IN WITWUS vransOT r W part 1s. .t r 6.t pa,Ian Mass esttheir.ed 5 ad •{AI w r p and yew mow noon.rhea • • Skew,.SYI—U5...d Y en thews d .L—tA,:.G_L 1 L_ :e LL.__IStAL1 7 I. . r Y II"I 11•.1 .A:4.4_41_. ylO ' ALI • . r t.,r. IIIIIIIII8' ' -----.._. .. _.. ..._......._ .. ..._..--.-tltAu 1 I. u ter 0[t all •e Alegi ' ' card Ooolder O Ts Smooths Yaeawl a..b..hy.dbrow r this 7N pod October 0 Imo 67,ir• CECIL R. ELMORE and 7 VOLY A. I MRE e - adwt....I./ •isPb . W andel eel p1 Jd•1 J _ _a j itl usw.rr• . A t4 +n .I —err—rrr,_O.SWIG run sIM*e.+w nrr . .2 1 • • J• O I u • + . .. S .00(1( Retarded el s3 4 e n act op m, MAY 2.6 1976 —d N '/68 Reception No ..168953.1... ..r._.. ti .....a taI.WWLa M.� Recorder. a t-t • JERRY R. HIATT and EVE.LYN R. HIATT, Husband L Wife I • ' whose address Is Longmont I Staid Dooumsnlaly run I • County of Boulder ,State of I Lx.—MAX..�.6..]9I.fi.. '' Colorado ,for the consideration of Forty-seven S•�-'-•-�-d .. ._. { in I thousand five hundred and no/100--- P I dollars,In hand paid,herehy;milts) and conveys) to m • PAUL W. RADFORD and VIRGINIA LEE RADFORD, as joint tenants a I ° e whose address is 13810 County Line Road No. 1, Longmont County of e I o Weld ,and State of Colorado the following red property in the sr -1 .i o County of Weld ,and State of Colorado,to wit: C) O o N I A portion of the NA of Section 30, Township 3 North, Range 68 West ws ,�., of the 6th P.M., WELD COUNTY, COLORADO, more particularly described b ry as follows: > , g it Beginning at the Southwest corner of the RA of said Section 30; I thence Northerly along the West line of said Section 30, 1750.0 feet; thence Easterly 50,00 feet at an angle of 90°42' from South to East to the TRUE POINT OF BEGINNING: thence continuing Easterly 197.8 feet; • 4 . thence Southerly 180.0 feet parallel to the West line of said Section 30; thence Westerly 197.8 feet at an angle of 90°42' from North to West; thence Northerly parallel to and 50.00 feet Easterly of the West line of said Section 30, 180,0 feet to the TRUE POINT OF BEGINNINO, • 'I I with all its appurtenance*, and warrant(s) the title to the seme,subject to existing rights of Iway and easements of record; any lien by reason of the inclusion of said premises in any special taxing districts; and the lien of the 1976 general tax assessment which by adjustment grantees assume and agree to pay. Signed this 21st day of May ,19 76 . 3 ..114,4,5t .AdemM........ : . .;fir' ,�Olt(tratd.-� Wife STATE OF COLORADO, _ - , }v County of Boulder The foregoing instrument was acknowledged before me this 21st [ day of May ,1976 ,by Jerry R. Hiatt and Evelyn R. Hiatt, ll '�-J ,t►�• . g,e, Husband and Wife , {Mxcommledipn expires 44/g,/'2 7'/ - •t 'RrAsQrrrrhgnd and official seal. 4 . NYw Inane a 11 I°a Na W. windy One--sWl refs-erHntl rvalwos a.uu.n slag Stmt.Dan,.bM1a-an r _• • . • ' If F i _T_ a -4,• •.r tail r •sit . . :+ W :f • t 1. 1 lk , 000 Rernninimi l� h.och k P>,..`�w 1978 850 stern,.,,No. 1772.105 care r• • I t�l 1+1 - __-.—. - eId'LBunK,'Cefela�rr"/iyyy I.�. I.,: . rF '"*'a,; THIN I)E ED, Flute lhblSth down( October .II7g FILING STAMP / i, between f PAUL W. RADFORD and VIRGINIA LEE RADFORD, - o. I 1wr I ,•. F� ii I , q. Mille of Mold awl Maloof e•.',>::: 1•nlnrado,,fthr O i rd part DONALD G. WATSON and DINAH G. Side DOCUipeldafy FN L1"7� SS ., WATSON, Deb S HNOV0 1970 Ili �t oh,.eleg,laddressla 13810 Weld County Road II, B _,7,..3Q 1: 1' 1 . earth. County of Weld and Stonier y t , t Colorado,oftl,e ammo'part: e x+;?i t 1t:" W I TN ESRETII t Mt Ia's,A purr f the first n Y^ pan form Abtn unlAenrlon of lhr 0145 of . 1,,y�t ne o t - ti • SEVENTY-THREE THOUSAND AND NU/100 - IS72,0o0.00) DOLLARS as and,A her mood'nil valuable ron.ldernl taro to the mail party at the first part In hand peld by the a of xld panne the ~. `x 2 r,' eeonA part.the rer.qA whereof b heeeU rinfr.nd and arkn,whdmod,ha,panted,bargained.said and twinged,and M '1 4,• by then present.den grant l arnn,midi.,' my mot tout rm onto the Bald Partin M mrond part,their hire end n omen fore.on not in tenancy in summon but in Jon l tenancy all lb.billowing deaerthed Mt Cr patrold ' V . IA" y land,sitwtr,NIng and being I n the Homo,o1 Weld and Slate of Colorado.to wit; • {at h 1 j'' SEE LENGTHY LEGAL DESCRIPTION ATTACHED TV OTHER SIDE OF T[IIS DEED - en tr•' - (Made a part of this deed by rofornncrl i= pF JII ' .f a bo bnownunnet and uuml er 1'1- 11 .t ^ gj 1ID10 Wt Id County Road Al, lt ,' TIMiF.TIlEN wit Italland nnmds.the uornl,tamrots and npnrtemm'es thereunto Mon n (I i )1 ninny and the revt•rnhm and rerermm.,naBamn„r and 01.1110101.1.•R.rents.Magee and profits thereon and an the,. en ate,right,title,in acre.I,claIm earl demand chat norm aft he PAW party of the Oral parkdlher inlayer equity,of,In 1 1 and tot he above bargain.'premise, with l he here,lll a men.and appwtrn nine. TO HAVE AND TO HOLD t he not premise..alyre bargdnnl and desenbed,with the• urteem -s pp nes2elf.ie h lm. , 0 li parties of the second put,their barn and u•Ign,Aneoer And the nod party of the first MH.Mhlmarlf.hie Asia, 0 • \all executors•anti alms nisi,,tor,,d.r.covenant.grant,bargain sod agree to and with the said partiwdt he strand part. el pl their heirsandu,kn,,t hat at t he time of the ennealtng and delivery of then present,.Ml,well andted tithe premiee IC above conveyed.e of moat au sbnhdeantilndefemible eat ate of inheritance.in law.In ter simple.and hag 1Vt" {\r god right.fun prrran.11awful sot horlrl'in grant.bargain.sell and coin ry the same in manner and form aforesaid, d[ii and that the rime are free and clear from all former and other pant..bargains•sale,.lien,tun.arormmente sad q enonmbrniceud whatever dative nature-,ever.t sub,oct to reservations, restrictions, easeamnte, 42 t.p �. and rights of way as the soma may he of record or in sage, if any; any lien arising r; ,1 ' by reason of the inclusion of tho premises within any Special . anG District Rr H. or any Water Districts; lien for 1977 taxes which, by reason of proration, the tt grantees assume and agree to pay; also, any taxes for subsequent years; fr w �m .. r and the above banatn-1 premixes in the owlet and Mareabie ' •1 annelidan of ,a S0 allp and of the rsn,nmend Pomona • awfully of them,r heirto claim insigne t and Ihr heir,and manna of much survivor.ofih anlnal and every Moon A TAND lawfully claiming or rodalm the who;«,,any pan linear. end parry ott he Oral part Outland MO WARRANT AND`1.; FOREVER DEFEND.The RIngular number.hall Include the plural.Ibe plural the singular,end the veed any gender party of ter first P .._ an has ` shall be applicable to all traders. Y:. IS WITNESS N'IIF.M F.OF the alai ale p Ore $ er'ts. hereunto met his hand and seal the day ar l ,brave written, / $ 1 RIgnM,Sealed and Dv in Ow PrrsemvM ` .�,MD FOR r eerl/ , ' ll. PAUL W RADFORD i SEAL) (SEAL) VI Rd INIA LI:Z RADFORN JBEAI.I _,e, J] STATE Oh COLORADO },n C u tyd. Boulder ,. The foregoing intro mesit,war artnaekdged before me this 26th day of October. ,p7B, II •i by PAUL W. ar)RD sod VIRGINIA LEE RADFORD. j ' tI My Co ml I nexplrfe C Y �1 = v J \f� - .19 MitmumyMndsnldfMsleeJ, j IA_h mr 4 irebalm,�H,1977 ' Tha I ; SO 't1 1Q Wrreyene ••. � L'! a p,•.v ` L Na.911A. WAtt versa TM,teaa,•,.. ,,kr aloe a..a,a r,.w,ymre.ltl,ratylm M 1!r tt • wr.a.a,«.twrter.wu—Ids e MI,? r }ease p ''''''''.4''''';:i14.. t 1L 1 •, : r � t r J'17,'....'"i 1 S'1 " n •'i.••n • I, , i. 7yy. yy e q ,i •Fc94t,c ;,,J1, �.} s ', tr.t: t1 }W' r 1 ;1. % --;%.•.!':, i 4 7 r ` � g,, , t g le t x 0 7.-1r .. p.. '575 t t ,1.1' ,dr t " • ' L" [ g ttl liT3 '° n • t t !'w4 k ' 'i : 1 Q •t�nsos 'f il� 449.. '. -11,-- LEGAL DESCRIPTION OR NARMNTY DEED DATED 10/16/78.CONVItyINO F r , 4 ! ,,, PAUL.W, MDFORD a VIRGINIA LEE MDFORD to DONALD 0. WATSON'8R , 1 r . f DINAH 0 ,NATSON• , ' A portion of th, NW', or Si,than 30, Town,I Ip 9 North Ratio:ARWion O/" .S d t P.N., WELD COU7T1 COLOMtf4. more particularly defer liedtip feltwet .. " I 1 . Bog Inning at the Southwest turner of the Ws of,enld Rectfilit 301 ..,i ,. thence Northerly aloe the , I g Wt ., Ito„ of f 9fl SortIon(run ]South to iggett"i s thence Easterly 50,00 feet It an ,nl,le of 90"4a frun to Ftet to tl 4741 . .. . POINT 0P BEGINNING; y.7 A< Poore,I thence continuing Pre,ly 197.8 feet, I-q a thence Southerly 180.0 feet parallel to the Feat I!nu of enld Boetlon 001 • t thence Westerly 197.8 feet at an angle of 90"41' from forth to Went; I t !,1 thence Northerly parallel to .and 50.00 feet latterly of the Welts llne'0 g1 t Section 30, 180.0 (oft to the TRUE POINT OF BEGINNING, a Sr; ' ti , • Saf '�w ;II'' f Y 4�: y t Yil {{.,+: l _r1 a �, 1 S • tit "ik ' +4 i t:, ! Al,, ,:. ill! ti”z ' ,' t it.; ' n f • , r 4 i; 1.1 € -4 _ L t i,,, . I r 1 l If 'i r. , C;.,111.- !--j, c } t s :4 m r > 13 - d f itEr�5� k 55 P '� ' " ( �psa"` ' '17 n 6' a 1 1;111 sSt t1 a' t( l 1, •t ; At!' q. -i t1 ,0 • ICsirl.;;•44„ 'i 5 iiu N ',� ;lilt t 4. ! r�tl. t ' 1 .sli t'��1 .....it r i •' T , . • • �1 , Si f 1:::::...,):1,:i': , S . � '..x 4 .e. ..,- U ..Rifx�4.v1 ..+Lif t5 _ : .rl `: x„ .t,. ,1-,tt •� AR1879(147 Staten: tocorrl0 CERTIFICATE OF DEATH on III) ._.�.,_._..,. __-__— ou _. . -a f +0 HLQ 60F.OO; A1SDI7 Rile April 12, ISM c Jan 2 1d33.n_ Ooulder 0 o Ilhitc Cngltsl 1. A.. .,. a .1- 4q lr mwnt United Hospital '2npat ien; I Geordie OS/ t 1 lee Dinah' G. f.urli' .. m. I I ,-.12 0760_ ..., Mgr• ejual its Control . Pall Brothers '' m ' i l ,eUyiat. Poeidc Lun. u_'i'rn! .L.'1 13!110 I: ..N e" µf.o on m that le: i. ifauce -u(n /.. i' 'T' _ CO o r Oimat 6 Yatsun Wife 13810 weld Co lid al, Land rot Cr_ -._1 o z -Nisi L florid' „4/15/81 11 11 Crest LE etery Gainesville. florida r-z sIL Geoffrey W. 11o>{e d11L Howe Mortuary, 439 Cuf fman Le numont, Lolo. 00`_01 ow y. P ' {V m¢ ��ifAtG7C co.h.z./O _. - _ _. Pw ...,l,LIIQY A Lavrinets l,.U.._,_I42r.Mu.•• i^ ^ 1 _ U 4 cu"z i View.Ave,.. Lon9'aont co.)oraifo 09501 ma , 14.mil ti1 ._ P) [MGT �'i/� IG/J_ _._l. ._ . Q s m 2 _� ,m,,,,,y, '.-._Dtituso_ca[cinema tos s____—__ • — N o� n ate..oan ooLProstate— --_ ', ,: -I: I. yes....._,,, _tto, STAY"0c•cote CITY Alin COUNTY OF 0001018 iFNzFi r-1,Vi`+' `h ...''..!....,:c - lellPDrteTliTy that the above is a true, full and correct copy .V of B"cA Rg e rhfAzts„7n my cds tody and now on fi lc in my of 'cc, as required by law. .,neet li litiltahsr:; ?Jana official seal at boulder in sal ./1 a at,,, il}V'-1 Oi rec tb ozn Z d- !!tt... M John II. gunnel 1 y, M.O., El- Hot valid without Registrar of Vital Statistics `gc2 local registrar's C and County of boulder. Colorado .�� 3 seal 4�T _<7.11.41/..... ./ Deputy . • jata' r > /.:.• f t ( i iy, 5 l Thu t t 1 d{ � •'Tr + ..31'....,.^:;.../,....,,,,:•t11<el i$.? 4t"1 yY fY'4, d. • �t r r,, SA fin{, y t 4k e. t r ,r 1 / s: Rirj� �l•.x. t1r JJ' r ,k) 1 r t t I r`R t tf . t4Y -.:-.."‘...;:).'1,� ir i Sl8I. + t sti lT �.�T\P�sr., r Art o ifl, S !jr t 1l n ,I / . tip sn't 'tx. + tt, uW} ,r� t`i }qr. t ! r .r r tp,i'`r•'Xi A� t1 °�rl"I a1,, Y i,K1 i y t , t} Cj4 W'•,{+T• anew ri � i74i, t .reC. ft r•c y l r i :�e,lyi + • APS f '"5tK 'j x,w r n U 1 r , 'lr x 1 5 r r s. s',lt is yl. Asf�+t F ve tp tt ''.,?±);;;:,`1:1;,;1 :x t'....,....e,?..',......: + t } t!0 3 9�N J i:o • i rSJC4( :.r41tl e .^ +., ≥ Jo t r' x Y� air err'.:'1,1 �4,0r-,".;',;:'', i1'..',1: f' l x r T kpsl 1+ .:P t.:1.:t l Y s , t.l tl `r , 't .1 t }d13?S3,rlt. fl t to >1l tit i• t . 1 #'t r Yl 1 t�l t s' �r3�9h� t -ni 4 e i 'Intl",l' t r �yl:Jo- -}'� wyik? t i > 1 C a i3 r! r , ; v. C `12 tJ lr 3i :x v 1}e eY of 1 ( s- r!e'Irrilr i ssy F N i r f'-4N{3Y;,Liegr l ':.i x '€,r,`l,,n.: : + 'jil r ''< t ie YLiP;74V-s`',;70,11^c'isf3"kt'd,LY4tl3� i+et il, +-•V!I`#f tL .h • j. 1 ` f r rlla T R,t`j It f E f _ [ ,y♦t{'Yi:l ^r 1 w<t\, :.::,,,'....;[:-,11-,..-. 'j w i�Ll•1vfjT([ 1 x D 1 . ..,(701:4A/454 ,�;�y♦f Aj/4�5wT�t ',I C 1 .+L \ i i tL 1 y i tifi HS 7ti 1 fl.t to q yf "`hi' 4."r lr:Y' -It i Y'$ : Y •K•. T�• iYS*,t [Y. A j ) / ! "a' A.«-;. .vr .x • .I.li 5�l11j `ti Nf� ', Ylt1 i rt a 1"� rq t�[ `.M1 Yi(� .I .iY�' (U1i210,7 .i 1i} ' a l� 1hFy1{�rkj •• xj'rE IV ,e1R �n 1- E L ♦ }rlt t} X16 in k�filO114 + ,Atinit'�p a I f 1. I \if`E ,R :il F 1i�13 to � �li f �fi n y�)Yi'�f A T �r 1 j. tg kik t 0 D 0950 REC 01079040 01/06/02 00:22 53.00 1/001 MARY ANN FEUERSTEIN, CLERK & RECORDER, WELD COUNTY, CO [ ' AR1879048 i • STA OHAD . VCOrr Ii1M[ryl OF NE VEINAL _ _ CERTIFICATE OF NON-LIABILITY a Pr' ESIAM OF. rLLul oEl[ Y j I�rt arOlnnAVe porA•nn.or)9. -_E ^].ulOllflC iC1.19 rN.Y IAmmo,J, ., al(1x4rflr,anlf ,IIMII(„le Y Coror(OV EVfIe LIYi41 V.ANgJ•n9lYr llrr{CrrLlrr..11( I j 1 IufO V•r ,r Y'ro flr•4.IfE JI caAl^w Al lnerlUlM.nO.v oe n�•.,M MAIL IC ANY pLTEHAT� IONS MADE ON r.r.inYr....., ,,,,V:e,cn ro l•Ir THIS Cf HIIFIC II ATE WILL AUTO ` MATICALIY I — — MAKE IT NULL ANO VDIO. fr t on Ina IHwAAB ----,6212 ,2 '17{ t •ii 7 ,_i , ,n rr( RECORDER'S MMONMWM !1•`) AT TIN TIME OF RECORDATION. THIS IN- i'� FOR TfE C WAS EDONO 10 EE INAIXWATE II FOR 111[ELSE I•IIOIO:IMPIIIC REPRODUCEION 'rr ELCAUif OE IIIECIo II PER CARLON OR PHOTO COPY.oncotoAD PARER. EIC, ys EL • A "Ii •Ili h..I,, ffii • CI 0907 REC 0191 5026 01/20/83 1 1 :30 $6.00 1/002 AR1915G26 Iter F 0200 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • t- (:)—/ ilkib1 THIS DEED dude this 18thn)or January 83. FILING STAMPLetwm rEntr90/g, DINAR G. WATSON Stale Documentary pF�ee 7/ Date...IIAM o...195J1+-... of the ' ' County of Weld and State of cm.do.of tie firoFpnrl,and _ $ ROBERT A. EVANS and ,TERI E. TALLER EVANS whose legal address is 1.3810 Weld County Rd. #1 Longmont, CO 80501 of the County of Weld and State of Colorado.of l he second part: \\'ITNESSETIL that the said party of the first part.for and in consideration of the stmt of SEVENTY—NINE THOUSAND FIVE HUNDRED MD NO/100 DOLLARS Icold other goad and valuable considerations to the said party of the first part in Fond paid by the said parties of the 1�il second part,I he receip t whereof is hereby confessed a nd acknowledged,has granted.bargained,sold and conveyed,and by these presents does grant,bargain,sell.convey and confirm onto the said parties of second part,their heirs and ki'll assigns hires C,;not in tenancy in common but in joint tenancy.all I he following described lot or parcel of c.4. land.si tuate.lying and being in the County of Weld and State of Colorado,to wit: fli I (complete legal description attached) LI VI' alsokrmvn as street and number 13810 Weld County Rd. #1 - Longmont, CO 80501 QTOGETHER wit h all and singular the bereditunents and appurtenances thereunto belonging,or in anywise apper- i taini ng and the reversion and revs, remainder and remainders,rents.issues and profits thereof;and all tie l estate,right.title.interest.claim and demand whatsoever of the said party of the first part.either in law or equity,of.in and to I he above bargained premises,with the he red itamen La and appurtenances. • TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the said parties or the second part,their heirs and assigns forever.And the said party of the first part,for himself.his heirs. executors,and administrators,does covenant,grant.bargain and agree to and with the said parties of the second part. 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,as of Ruud,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 planner and form aforesaid. and Ihal the same are free and clear from all former and other grants.bargains,sales,liens,taxes,assessments and encumbrances of whatever kind or nature soeveq except general taxes for 1983 which grantees assume by reason of adjustment; except rights of' way, perpetual easement by Longs Peak Water Association recorded August 22, 1960 ill Book 15611 at Page 1159, and except any easements, restrictions, covenants and reservations of record; and the above bargained premises in the quiet and peaceable possession of the said parties of the second pmt,the shrvivor of them,their assigns and the heirs and assigns of such siCrvivok against all and every person or person lawfully claiming or to claim the whole or any part thereof,the said party of the first part shall and will WARRANT AND FOREVER DEFEND.The singular number shall include the plural.the plural the singular,and the use of any gender shall he applicable to all genders IN WITNESS WHEREOF the said party oft lie first hart has hereunto set his hand and seal the day and year first above written_ _ / [/,�,/'. /L,w Signed.Sealed and Delivered in the Presence of tat. . /./'-.—.f-Y. lSEAL] Dinah 0. Watson - _—_ _. [SEAL; vyl�, 'SEAMf2 +b/l.4Nf TE OF COLORADO �f I pp 't Co intr of Boulder s . v1A�Ata'f(atenmiit.vas acknowledged before me this 18th day of January ,1183. .1,N���n Yltltson 8( l G • IL 14 ' in seOn.`;pires Sept. 21, 1985 y IS,. .NM1 myhandandofficialseal. — r s 2130 Mountain ley/Avenue� •r•Tatar - LOrigmont,TCO`805 1- , cse .Na-921A. a naana is argil-T.Join.Ten,nr,...iellrirxl?AM snafus NMi,Linr.!g5W.Erb me..L,kenuod.CO mai-0031113 6900 ■ ? o m b oCi ! I, `�i � 'I I a l0 3 s n o { I-: � I o v � I � 0P41 I i a o d e 3 tt ril 3 1 A d 9 8 0 t � I D 0907 REC 01915026 01/20/03 11 :30 $6.00 2/002 i t�' F 0201 MARY ANN FEUERSTFIN CLERK & RECORDER WELD CO, CO A portion of the NW 1/4 of Section 30, Township 3 North, Range 68 West of the 6th P.M., Weld County. Colorado, more particularly described as follows: 02- Beginning at the Southwest corner of the NW 1/4 of said Section 30; thence Northerly along the West line of said Section 30, 1750.0 feet; thence Easterly 50.00 feet at an angle of 90'42' from South to East to the True Point of Beginning; thence continuing Easterly 197.8 feet; thence Southerly 180.0 feet parallel to the West line of said Section 30; thence Westerly 197.8 feet at an angle of 90'42. from North to West; thence Northerly parallel to and 50.00 feet Easterly of the West line of said Section 30, 180.0 feet to the True Point of Beginning. • • 0482034411 B 1093 REC 02034411 12/03/85 16:28 $6.00 1/002 F 2160 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO •l WARRANTY DEED I� State Documentary �,ee • THIS DEED,Made this 27th day of Nov ember Date. DEC 3 1965• 19 85 ,between ROBERT A. EVANS and JERI E. TAYLER EVANS, $ _ 9. 1 II as joint tenants, " of the *County of Weld and State of Colorado,grantor,and D. WILLIAM PRATHER and INEZ E. PRATHER, as joint tenants, whose legal address is 13810 W. C. R. #1. Longmont, Co. 80501 of the County of Weld and State of Colorado,grantees: WITNESS,that the grantor,for and in consideration of the sum of $9 2,`500.00 DOLLARS. • the receipt and sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does ; I' grant,bargain,sell,convey and confirm unto the grantees.their heirs and assigns forever,not in tenancy in common but in joint tenancy, !. all the real property,together with improvements,if any,situate,lying and being in the County of Weld and State of Colorado.described as follows: See Exhibit "A", attached hereto, incorporated herein by • reference and made a part hereof. dot Ptt'- **NINETY—TWO THOUSAND FIVE.RL'NDREDAND NO%IOOTHS.DOILARS** • ' also known by street and number as 13810 W. C. R. #1, Longmont, Co. 80501 TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging.or in anywise appertaining and the FBI reversion and reversions,remainder and remainders,rents,issues and profits thereof.and all the estate,right.title,interest,claim and demand whatsoever of the grantor,either in law or equity.of.in and to the above bargained premises,with the hereditaments and appurtenances. • I TO HAVE AND TO HOLD the said premises above bargained anddescribed,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 i from all former and other grants,bargains,sales.liens,taxes,assessments.encumbrances and restrictions of whatever kind or nature soever,except taxes and assessments for 1985 and subsequent years, which by proration the grantees assume and agree to pay; easements, rights of way, restrictions and covenants of record, including but not limi ed to, Rights of way and easements in Book 1564, p. 459 , Book 705, No.* li and the above bargained premises in the quiet and peaceable possession of the grantees,the survivor of them.their assigns and the heirs and assigns of such survivor,against all and every person or persons lawfully claiming or to claim the whole or any part thereof,the grantor shall and will WARRANT AND FOREVER DEFEND.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 forth above. ,,\)'foul t STATE OF COLORADO • i ss. • • 1 PO LTV of Boulder The foregd¢tg.instrvment was acknowledged before me in the County of Boulder .State.of Colorado,this 27th day of Novel ber ,1985 ,by ROBERT A. EVANS and JERI E. TAYItR EVANS Witness my hand and officio:seal.My Commisison expires All 4 .f9 89. [SEAL) ***1627390, Survey No. 75-8-007-75, and Book 1034, No. 1971501. • 1317 St:, Boulder, Co. 80302 Iten*. 9f in Denver. risen"City and. No.921A.Rev.2.84.WARRANTY DEED Cr,Joint enanttl Bradford Publ4hing,5825 W.Eih Mt.,LakeveaL CO 80214—eon)204100 684 '. . 4 . P B 1093 REC 02034411 12/03/85 16:28 $6.00 2/002 F 2161 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • EXHIBIT Ay'. • / N• • • A portion of the NW: of Section 30, Township 3 North, Range 68 West of the 6th P. M. , more particularly described as follows: . ' BEGINNING at the Southwest corner of the NWa of said Section 30; thence Northerly along the West line of said Section 30 1750.0 feet; thence Easterly 50 .00 feet at an angle of 90°42 ' from South to East to the TRUE POINT OF BEGINNING; thence continuing Easterly 197.8 feet; thence Southerly 180.0 feet parallel to the West line of said Section 30; thence Westerly 197.8 feet at an angle of .90°42' from North to West; thence Northerly parallel to and 50.00 feet Easterly of the West -line of said Section 30 180.0 feet to the TRUE POINT OF BEGINNING. •• • • • •
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