HomeMy WebLinkAbout20080790.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST DUAIN HAMLET FOR VIOLATION OF THE WELD COUNTY CODE
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, Duain Hamlet, ZCV #0701192, is allegedly in violation of the Weld County
Code, and
WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has
not been corrected, and
WHEREAS, on the 11th day of May, 2008, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Duain and Dorothy Hamlet, property owners,were present at said hearing,and
WHEREAS, the Board of County Commissioners deems it advisable to refer said violation
to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon
such referral until May 11, 2008, to allow adequate time for the property owners to complete the
work needed to restore or remove the noncommercial junkyard to bring the subject property into
compliance and for an inspection of the property by the Department of Planning Services staff.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that ZCV#0701192 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Duain Hamlet to remedy the violation of the Weld County Code, and
any other persons occupying the properties,any persons claiming an interest in the properties,and
any persons acting in active concert with the identified parties,with an instruction for delay of action
upon such referral until May 11, 2008, to allow adequate time for the property owners to restore
or remove the noncommercial junkyard to bring the subject property into compliance.
2008-0790
PL0824
VIOLATIONS - ZCV#0701192 - DUAIN HAMLET
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 11th day of May, A.D., 2008.
E� BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: gud Q //1-1
l✓
tj William H. Jerke, Chair
Weld County Clerk to the Board C' ° r
Robert D. Masc7en, ro-Tem
BY: (4 )�
Dep Cler the Board
7F. Garcia
AP D _ M: CroC
David E. Long
n ttorney ,
Douglas ademach r
Date of signature: 31a14 1N
2008-0790
PL0824
Violation Summary Report
BASIC INFORMATION
HAMLET DUAIN PO BOX 188 GILL, CO 80624
Tenant:
Compliance Officer: Ann Siron
Violation Number: ZCV07-01192
Situs Address:
Legal: 9896 L1-2-3 BLK15 ALSO N2 VAC E-W ALLEY ADJ TO L3 ALSO VAC S10'
4TH AV ADJ TO L1 ALSO VAC E10' 3RD ST ADJ TO L1-2-3 GILL
Location: Location East of and adjacent to CR 55 and 1/2 mile South of Hwy
392
North Agricultural
South Agricultural
East Agricultural
West Agricultural
Parcel Number: 080127316001-R1223586 Acreage: 0.55
Certified Mail Date: 02/20/2008
02/21/2008
Currently the property is in violation of:
Chapter 23, Article 111(3), Division 1 A(Agricultural) Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-30.1 Noncommercial Junkyard.
NONCOMMERCIAL JUNKYARD: As an area where any waste,junk or used or secondhand
materials are stored or handled, including but not limited to scrap iron and other metals,
paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD
may also include the storage or keeping of DERELICT VEHICLES registered last or
currently registered under the property owner and/or tenant's name. This definition does not
include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL
JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually
SCREENED from all ADJACENT properties and public rights-of-way.
REMEDY
THE TREE LIMBS, WOOD, TIRES, FURNITURE AND MISCELLANEOUS DEBRIS SHALL BE
REMOVED OR COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES AND PUBLIC
RIGHTS-OF-WAY.
ADDITIONAL EXTENSIONS SHALL BE REQUESTED TO THE BOARD OF COUNTY
COMMISSIONERS THROUGH THE VIOLATION HEARING PROCESS.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney's
office, but delay legal action for 30 days.
LETTER HISTORY
11/28/2007 Complaint Validated
11/28/2007 LTTR: 5 Day Letter
12/03/2007 LTTR: Violation Notice
02/20/2008 LTTR: Hearing Notification
02/21/2008 LTTR: Hearing Notification 2008-0790
Violation Summary Report
02/21/2008 Remanded Back
OTHER CASE HISTORY
10/15/2007 Property Inspected UPON A VISUAL INSPECTION OF THE PROPERTY THE
FOLLOWING ITEMS WERE NOTED: WOOD, TIRES,
TREE LIMBS, FURNITURE AND MISC. DEBRS.
12/03/2007 Phone Call DUAINE HAMLET CALLED AND ASKED WHAT HE
NEEDED TO DO TO BRING THE PROPERTY INTO
COMPLIANCE. HE SAID THE WOOD WAS FOR A
WOOD BURNING STOVE BUT HE COULD PUT IT
BEHIND THE FENCED AREA. I TOLD HIM IF HE PUT
ANY WOOD, TREE LIMBS, FURNITURE AND MISC.
DEBRIS BEHIND THE FENCED AREA I COULD CLOSE
THE VIOLATION.
03/06/2008 Phone Call MR. HAMLET CALLED AND SAID THAT THEY HAVE
BEEN WORKING ON THE PROPERTY. ALL THAT
REMAINS ARE A FEW TIRES AND A LARGE PILE OF
TREE LIMBS. I TOLD HIM I WOULD BE DOING AN
INSPECTION ON MONDAY AND WOULD CALL HIM
EITHER WAY TO LET HIM KNOW IF THE PROPERTY
WAS IN COMPLIANCE OR NOT. HE ASKED THAT IF
HE DID NOT FINISH (BECAUSE OF HIS AGE AND
RECENT SICKNESS) IF I WOULD REQUEST THE
BOARD GRANT HIM A LITTLE EXTRA TIME.
ctc,„\\ DEPARTMENT OF PLANNING SERVICES
Compliance Division
S NORTH OFFICE
918 10th Street
Greeley, CO 80631
Email Address: asiron@co.weld.co.us
Phone Number: 970-353-6100 x3566
Fax Number: 970-304-6498
SOUTHWEST OFFICE
4209 CR 24.5
COLORADO DO Longmont, CO 80504
Phone: (720)652-4210, Ext 8730
February 21, 2008
HAMLET DUAIN
PO BOX 188
GILL, CO 80624
Violation Number: ZCV07-01192
Legal Description:
9896 L1-2-3 BLK15 ALSO N2 VAC E-W 1 '10' 4TH AV ADJ TO L1 ALSO
VAC E10' 3RD ST ADJ TO L1-2-3 GILL ..1-1 (` � 1�
Dear HAMLET DUAIN:
The property referenced above remains in ' e. I have scheduled a
meeting with the Board of County Commiss
03/11/2008 10:00 AM
The above mentioned property remains in violation of the following Section(s) of the Weld County
Code:
Chapter 23, Article 111(3), Division 1 A(Agricultural)Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-30.1 Noncommercial Junkyard.
NONCOMMERCIAL JUNKYARD: As an area where any waste, junk or used or secondhand
materials are stored or handled, including but not limited to scrap iron and other metals,
paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD
may also include the storage or keeping of DERELICT VEHICLES registered last or currently
registered under the property owner and/or tenant's name. This definition does not include
COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD
shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from
all ADJACENT properties and public rights-of-way.
To bring your property into compliance with the Weld County Code:
THE TREE LIMBS, WOOD, TIRES, FURNITURE AND MISCELLANEOUS DEBRIS SHALL Br
REMOVED OR COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES AND
PUBLIC RIGHTS-OF-WAY.
ADDITIONAL EXTENSIONS SHALL BE REQUESTED TO THE BOARD OF COUNTY
COMMISSIONERS THROUGH THE VIOLATION HEARING PROCESS.
DEPARTMENT OF PLANNING SERVICES
rs. frieiN;ss) ComplianceNORTH OFFICE
918 10th Street
CO
Greeley, C 80631
WII'Dc
Email Address: asiron@co.weld.co.us
Phone Number: 970-353-6100 x3566
g C Fax Number: 970-304-6498
SOUTHWEST OFFICE
4209 CR 24.5
COLORADO Longmont, CO 80504
Phone: (720) 652-4210, Ext 8730
This hearing will take place in the County Commissioners Hearing Room, first floor, Weld County
Centennial Center, 915 10th Street, Greeley, Colorado. It is recommended that you or a
representative be in attendance to answer any questions the Board of County Commisioners
might have about the violations.
Please also be advised that I will be taking video and/or pictures from the road or adjacent
properties the business day before or as soon as possible to the above mentioned Violation
Hearing date.
The Department of Planning Services' staff will be recommending that the Board of County
Commissioners authorize the County Attorney to proceed with legal action to remedy the
violation. Our records indicate that you were made aware of the nature of the violation including
the action necessary to correct the violation, and that you were given sufficient time to remedy
this violation. If you have any questions concerning this matter, please call me.
Sincerely,
I ,1 N Alv�C��7
Ann Siron
Zoning Compliance Officer
pc: ZCV07-01192
Department of Planning Services
Bruce Barker, County Attorney
COMPLETE THIS SECTION ON DELIVERY •
SENDER: COMPLETE THIS SECTION
A. Signature
l• Complete items 1,2,
and 3.Also complete C Agent
item 4 if Restricted Delivery is desired. X 42 /fait(/jtgddressee •
■ Print your name and address on the reverse
so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery
• Attach this card to the back of the mailpiece, {�� ��e�pnnnne qq����
or on the front if space permits. Weir -Qbe elivl❑e°ryva� bpmerr�tlCtfbm item 1? ❑Yes
1. Article Addressed to: Gry `ateYCali �W"adddress below: ❑No
Duren AAann FEB 25 MR
R0� Box. 1 e REC E VFD\\ ISO SCLA 3. iceType
l l- V Cedified Mail 0 Express Mall
Registered 0 Return Receipt for Merchandise
0 Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7005 1820 0003 5225 4578
(Transfer from service label)
Domestic Return Receipt
PS Form 3811, February 2004
102595-02-M4540
DEPARTMENT OF PLANNING SERVICES
Compliance Division
ratNORTH OFFICE
918 10th Street
CO
Greeley, C 80631
Email Address: asiron@co.weld.co.us
Phone Number: 970-353-6100 x3566
Fax Number: 970-304-6498
SOUTHWEST OFFICE
4209 CR 24.5
COLORADO Longmont, CO 80504
COLORADO Phone: (720) 652-4210, Ext 8730
Fax: (720) 652-4211
December 03, 2007
HAMLET DUAIN
PO BOX 188
GILL, CO 80624
Legal Description: ZCV07-01192
9896 L1-2-3 BLK15 ALSO N2 VAC E-W ALLEY ADJ TO L3 ALSO VAC S10'4TH
AV ADJ TO L1 ALSO VAC E10' 3RD ST ADJ TO L1-2-3 GILL
Dear: HAMLET DUAIN :
The uses on the above described property are being considered as a zoning code violation of
Sections of the Weld County Code. Currently your property is in violation of the following Section(s)
of the Weld County Code:
Chapter 23, Article 111(3), Division 1 A(Agricultural) Zone District
23-3-20 Uses allowed by right.
23-3-30 Accessory uses.
23-3-30.1 Noncommercial Junkyard.
JUNK: Scrap brass, iron, lead, tin, zinc; all other scrap metals and alloys; bones; rags; used
cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used
appliances; used lumber or crates; building materials; fabrication of any material; used pipe or
pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT VEHICLES;
used tires and other manufactured goods that are so worn, deteriorated or obsolete as to
make them unusable in their existing condition.
NONCOMMERCIAL JUNKYARD: An area where any waste, junk or used or secondhand
materials are stored or handled, including but not limited to scrap iron and other metals, paper,
rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also
include the storage or keeping of DERELICT VEHICLES registered last or currently registered
under the property owner and/or tenant's name.
This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the
NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or
STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-way.
To bring your property into compliance with the Weld County Code:
THE TREE LIMBS, WOOD, TIRES, FURNITURE AND MISCELLANEOUS DEBRIS SHALL
BE REMOVED OR COMPLETELY SCREENED FROM ALL ADJACENT PROPERTIES
AND PUBLIC RIGHTS-OF-WAY.
It is the intention of this office to assist and cooperate with you without imposing undue hardships;
however, we have no discr n in this matter if you fail to correct this vic' Dn. You have until
01/03/2008, to correct this zoning violation. Failure to do so will result in t office scheduling the
violation before the Board of County Commissioners to consider whether to refer the violation to the
County Attorney's Office for legal action.
Any information you have that may help to resolve this matter will be useful. Should you have any
questions regarding this letter, or if you need any further information, please feel free to contact me
at the above address, telephone number or e-mail address. If you wish to see me personally,
please call to schedule an appointment so that I may reserve a sufficient amount of time with you.
Sincerely,
Ann Siron
Zoning Compliance Officer
pc: ZCV07-01192
Department of Planning Services
Bruce Barker, County Attorney
DE .RTMENT OF PLANNING SERVICES
Compliance Division
raft (\;;;;\\
NORTH OFFICE
918 10th Street
Greeley, CO 80631
Email Address: asiron@co.weld.co.us
■■ Phone: 970-353-6100 x3566
Fax: 970-304-6498
SOUTHWEST OFFICE
4209 CR ICE
r� Longmont, CO 80504
Ijt RA'3O Phone: (720) 652-4210, Ext 8730
Fax: (720)652-4211
November 28, 2007
DUAIN HAMLET
PO BOX 188
GILL, CO 80624
Legal Description: ZCV07-01192
9896 L1-2-3 BLK15 ALSO N2 VAC E-W ALLEY ADJ TO L3 ALSO VAC S10'4TH AV
ADJ TO L1 ALSO VAC E10' 3RD ST ADJ TO L1-2-3 GILL
Dear DUAIN HAMLET:
It has come to the attention of the Department of Planning Services staff that the uses on your property may
not be in compliance with the Weld County Code, Chapter 23. The potential noncompliance(s) with the
Weld County Code are as follow:
THE PRESENCE OF A NONCOMMERCIAL JUNKYARD CONSISTING OF WOOD, TIRES,
TREE LIMBS, FURNITURE AND MISCELLANEOUS DEBRS.
Please contact me within five working days of the date of this letter to review these concerns with me. Feel
free to contact me at the above address, telephone number or e-mail address. If you wish to see me
personally, please call to schedule an appointment so that I may reserve a sufficient amount of time with
you.
Sincerely,
4
Ann Siron
Zoning Compliance Officer
pc: ZCV07-01192
Department of Planning Services
Bruce Barker, County Attorney
r „,,� C
, ,, lim DEPARTMENT OF PLANNING SERVICES
Code Compliance Division
918 10'' Street, Greeley, CO 80631
�� ��� Phone: (97O; Sax:(170, D-4 35TC
5: '570; Ext 3o'.98
COLORADO' /ol Y, �` �G�r
ZONING and/or BUILDING CODE COMPLAINT FORMS
� Complaint Initiated by: Z C V�7 —Oe 19 .
ZONING CODE COMPLAINT Staf•Name: O Citizen - Othcr:
C HEALTH DEPARTMENT Ca¢cn's Name(If known).
• WELD COUNTY SHERIFF'S OFFICE:ANIMAL CONTROL Phone Number(If known)
❑ BUILDING CODE COMPLAINT
• PUBLIC WORDS /PEST Sc. WEEDS
Date Complain'was received: /t -45—D7
Pending Case#(i.e. USR.RE. SE.ect._},
Legal Description: 2, /-at?-�1 em i6 6,./1 Parcel #: Gin)-p? l 5-1C "
Violation Address:
Propene Owners Name: ,ii[.ICI- 71 if 6.1/
IL Phone:
Property Owners Address: / U f1 id & // (#)(./ c'�7� o
Tenants Name: Phone:
Tenant's Address:
s
NATURE OF COMPLAINT: 0(/Olr% lute l) TC '' 1ur2fl, • uiuu , y
Additional Notes:
Identify Results Page 1 of 2
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R1223586 Parcel#: 080127316001
.�.-.:, ar.sannetagnie,a.osavnonxtwdpanIn.4ne,--UrafN6 ,, ,..n„,t.,ta. ,,,m„.--r �+e..taa,.,,
Tax Area: 0743 Bordering County:
Acres: 0.551
Township Range Section Quart. Sec. Subdivison Name Block# Lot#
06 - 64 - 27 - 3 GILL- 15 - 1
Owners Name&Address: Property Address:
HAMLET DUAIN P& Street:
P 0 BOX 188 City:
GILL, CO 80624
Additional Owners:
HAMLET DOROTHY V
Business/Complex:
Sales Summary
Sale Date Sale Price Deed Type Reception #
$0
Legal Description
9896 L1-2-3 BLK15 ALSO N2 VAC E-W ALLEY AD]TO L3 ALSO VAC 510' 4TH AV AD] TO Ll ALSO VAC E10' 3RD ST AD]TO L1-2-
3 GILL
Land Valuation Summary
Land Type Abst Code Unit of Number of Assessed
Actual Value
Measure Units Value
Residential 1112 Site
Land Subtotal: $28,080 $2.240
Buildings Valuation Summary
Ass
Bldg# Property Type Actual Value Value
1 Residential
Improvements Subtotal: $44,115 $3,510
Total Property Value $72,195 $5,750
Building Details
Account#: RI223586 Parcel#: 080127316001
Owners Name&Address: Property Address:
HAMLET DUAIN P& Street:
P 0 BOX 188 City:
GILL, CO 80624
Building* Property Type
1 Residential
http://maps2.merrick.com/Website/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=0801... 10/16/2007
Identify Results Page 2 of 2
Individual Built As Detail
Built As: Ranch 1 Story Year Built: 1920
Exterior: Frame Hardboard HVAC: Floor/Wall Furnace
Interior Finish: Drywall Built As SQ Ft: 1092
# of Baths: 1 Roof Type: Gable
# of Bdrms: 2 Roof Cover: Composition Shingle
# of Stories: 1
Rooms: 5 Units: 1
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: 988 Finished SQ Ft:
http://maps2.merrick.com/Website/W e1d/setSgl.asp?cmd=QUERY&DET=PP&pin=0801... 10/16/2007
• AR2C30239 -
_ 3 1089 REC 02030239 10/29/85 11:02 $6.00 1/002 '
DEED OF TRUST F 1774 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO _
4„y:t
1. Grant= Duain P. Hamlet
Dorothy V. Hamlet ''--
P.O. Box 40 - - _: -
Gill, Co. 80624
rtY.,
2. Beneficiary'• United Bank of Greeley
1000 Tenth Street
Greeley,Colorado 80631 ";
(and its successors in interest) t'1v;
3. Trustee The Public Trustee for the County in which the property is located. •
Weld
4. Property: The following land in County,Colorado.
Lots 1, 2 S 3, Block 15, together with those portions of vacated 3rd Street,. 4th
Avenue and alley adjacent to said lots; together with those portions of vacated 4th
& 5th Streets and 4th & 5th Avenue adjacent to said lots, all being in the on—
incorporated TOWN OF GILL, Weld County, Colorado.
S. Obligations (a)All indebtedness evidenced and created by the following described promissory nate(the
"Note")payable to the order of Beneficiary.and all renewals.extensions and amendments
thereto and substitutions therefore.Date: 10/21/85
Amount $22,929.64
Maturity Date: 10/10/88
Maker Of other than Grantor):
(b)Future advances made by Beneficiary on or before the maturity date of the Note plus-
• interest thereon provided any required notice of right to rescind or cancel has been given;(c)
All expenditures made or incurred by Beneficiary pursuant to the provisions of the Note and this
deed of trust together with interest thereon. - -(d)Other
6. Censbuctbn -4 4
Mortgage: If checked here(_)this Deed of Trust secures an indebtedness for construction
purposes as described in CRS(1973)SS49313. -- _ __
THE GRANT,TERMS AND CONDITIONS ON THE REVERSE SIDE AREA PART OFTHIS DEED OF TRUSTAND ARE ;
HEREBY INCORPORATED INTO IT.
/�
Date: Ortnber 11 1985
) ,2, �t %d��—mss
Attest
Sbeaeus ✓✓✓
Co-owner,spouse or other claimant of a rightwnh respect to the real property descrmedabovejoiris in granting the
lien and subordination set forth in this deed of trust,but does not assume any liability for payment of the Note. ,•
Date:
Seer.
STATE OF COLORADO ) -
)Ss. •
said COUNTY OF Wald )
•
The foregoing instrument was acknowledged before meths 21st day of October yg85
•
by Duain P. Hamlet and Dorothy V. Hamlet
(;.., r'tesioent ono
Ccc,.x•r Syr - - -
a•lierpe eCeii).
Witness my hand and official seal. hh ..
H111
� �f e� IMO tom Street,Greeley, - )
gOTAR My commission expires 4/21/86•
y _
• ,
B 1089 REC 02030239 10/29/85 11:02 $6.00 2/002 r
F 1775 MARY ANTI FEUERSTEIN CLERK & RECORDER WELD CO, CO
7. Grant For valuable consideration Grantor hereby sells and conveys the Property to Trustee,together with all
appurtenances,fixtures,rents,issues and profits,w water,ditch and reservoir richts,however evidenced,appertaining
thereto or used in connection therewith.and warrants the title to the Property,subject to liens for real property taxes
and assessments not currently due and other matters shown on any attachment hereto.This grant is made in trust
to secure the Obligations.
I. Covenants of Grantor. Grantor covenants and agrees:(a)to pay and satisfy all the Obligations and to keep and
perform according to their terms all of the covenants and agreements contained in this deed of trust,the Note
and in any other instrument which may have been executed in connection with this deed of trust(b)to pay and
satisfy when due all claims.taxes and assessments and prior encumbrances which affect the Property and not to
permit or suffer any other lien against the Property,except with the prior written consent of Beneficiary,(c)to obtain
• and maintain at all times policies of fire and extended coverage insurance in an amount equal to the full insurable
value of all improvements on the Property,and such other hazard insurance as Beneficiary may require,all with
such policy provisions and with such companies as may be approved by Beneficiary,with Beneficiary named as an
insured party,and to assign and deliver the policies of insurance to Beneficiary,and to authorize application of the
entire insurance proceeds from such policies to the payment or,in the discretion of Beneficiary,prepayment of
all or any part of the Obligations,with the surplus,if any,to be paid to Grantor,(d)to keep the Property and any
improvements which may at any time be on the Property in good condition and repair and to commit or suffer no
waste:(e)not to commit or suffer destruction or removal of any improvements which may at any time be on the
Property without the prior written consent of Beneficiary,and not to assign the rents or income from the Property;(f)
to complywiM applicable insurance policy provisions and all laws,ordinances.rules and regulations of governmental
authorities governing the Property or its use;(g)to appear in and defend any action or proceeding purporting to
affect the Property,the Note,this deed of trust or Beneficiary's rights therein or herein and to pay or reimburse
Beneficiary for all costs and expenses,including attorneys'fees,incurred by Beneficiary as a result of any such
action or proceeding;(h)that all awards and proceeds received in connection with the cendenmation of or injury or
damage to the Property or amounts received in lieu of such awards or proceeds shall be paid to Beneficiary and
shall be applied by Beneficiary first to costs and expenses,including attorneys'tees,incurred by Beneficiary in
connection with such awards or proceeds and then to the payment or,in the discretion of Beneficiary,prepayment,
of the Obligations with the surplus,if any,to be paid to Grantor,(i)that,if Grantor fails to keep and perform any
covenant or agreement contained in this deed of trust according to its terms.Beneficiary may,after reasonable
notice,take or cause to be taken such action as it deems necessary or desirable to the end that such covenants and
agreements maybe kept and performed.and arty sums advanced or costs and expenses incurred by Beneficiary in
connection therewith,including attorneys'fees.shall become due immediately without notice and shall be due and
payable on demand and shall bear interest at the rate on the face of Me promissory note;(j)that Grantor
subordinates any rights Grantor may have to the Property as a homestead exemption or any similar law which may
hereafter be enacted in Colorado to the lien of this deed of trust(k)at the request of Beneficiary,to deposit with
• Beneficiary each month an amount equal to one-twelfth of the estimated annual real estate taxes and assessments
for the Properly and one-twelfth of the estimated annual insurance premium to be applied to payment of taxes and
insurance as required:and(f)to notify Beneficiary in writing ten(10)days prior to any sale or transfer of the property.
• 9. Transfer.-If Grantor shall lease,sell,contract to sell or otherwise transfer al:or any part of the Property without
the prior written consent of Beneficiary,all Obligations shall be forthwith due and payable at the election of the
Beneficiary.Beneficiary may require the transferee to assume the Obligations as a condition to its consent to the
transfer and impose any other conditions permitted by law.Grantor shall promptly notify Beneficiary of any
proposed transfer.
10. Events of Default The occurrence of any of the following events shall constitute an event of default
hereunder.(a)default in the payment when due of ant of the Obligations;or(b)failure to perform or observe
according to its terms any other covenant contained in this deed of trust or the Note;or(c)the filing of a voluntary or
involuntary petition in bankruptcy by or against Grantor or the appointment of a receiver for any of Grantor's assets •
or the Properly,or(c)an assignment by Grantor for the benefit of creditors.
11. RernediesUton Default Upon the occurrence of any event of default.Beneficiary shall have the following
rights and remedies which shall be cumulative and which may be exercised with or without notice,and which may
be exercised separately.independently or concurrently and more than once and in any order,and without any
election of remedies to be deemed made,and without affecting the right of Beneficiary to exercise any other remedy
hereunder or which Beneficiary may have in law,and without regard to other remediesthen.theretofore or
thereafter pursued or being pursed:(a)to declare any or all of the Obligations immediately due and payable;(b)to
take immediate possession,management and control of the Property and to repair and maintain the same at the
expense of Grantor and to perform such acts thereon or in connection therewith as Beneficiary may deem
necessary or desirable;(d)to collect and receive any and all rents,issues and profits from the Propertyand to apply
the same to the Obligations in any manner or to the repair or maintenance of the Property,or both:(d)to apply for
and obtain,exparte and without notice.the appointment of a temporary receiver and alter notice,the appointment of
a permanent receiver for the Property or of the rams issues and profits thereof,or both•and:o have such receivers
appointed as a manerof right without regard to the solvency Of any person or the adequacy of any security or the
existence of waste,and to have sums received by such receivers,after deducting and paying casts and expenses of
such receiverships.including attorneys'fees of Beneficiary,applied to the Obligations in such mannerand order as
• Beneficiary may request(e)to foreclose this deed of trust through the Trustee or through the courts as the
Beneficiary may desire and to become the purchaser of the Property at any foreclosure sale.If foreclosure is-mode
through the Trustee,such foreclosure shall be conducted in the manner provided by the laws of the State of
Colorado.
The coeds of any foreclosure sale shall first be applied to reimburseBeneficiary for(a)reasonable costs and
expens
es of foreclosure and(b)reasonable attorneys'fees(of theed by trey loned employee of Beneficiary)
not in excess of 15%of the unpaid balance then due,or if allowed the Uniform Consumer Credit:Code,such
additional fees as maybe directed by an appropriate court,and(c)the.baanceof the proceeds,shall be paid firstto
Beneficiary to pay the Obligations,with the surplus,if any,to be paid to the owner of the Property on'the date of the
foreclosure sale.
12. Miscellaneous.(a)This deed of trust and each of its provisions shall be binding upon the heirs.personal
representative,successors and assigns cf Grantor and shall inure to the benefit of the Trust,the Beneficaryand his
and its successors and assigns.(b)This deed of trust may be amended or modified only by an instrument in writing
signed by the party charged with such amendment or waiver.(c)The terms"Grantor.""Beneficiary;""Trustee."
"Property,"'Obligations,•and"Note'are defined in paragraphs 1 through 5.respectively.(d)The Trustee may,
upon production of the Nate,duly cancelled,and payment of all fees and cost by Grantor release this deed of trust
without further showing as to payment of the Obligations.(e)If more than one Grantor.all the terms and conditions
�!nn of this deed of trust shall apply to each of them.(f)TheTrtstee may release parts of the Properly from the lien-of this •
+per kb,'„ deed of trust upon the request of Beneficiary without impairing any rights or priority Beneficiary may have-in the -
ep remainder of the Property or against Grantor,(g)failure on the Beneficiary's part to exercise its rights in theevent-
Ci Cu a of any one default shall not constitute a waiver of such rights in the event ofarry subsequent-default(n)Wheree the '
(� -1 Grantor and the obligor n the obligations are notthe same,the term"Grantor"means the owner of the property'
in any provision dealing with the properly,the obligor in any provision dealing with the Obligations,and both where
the content so requires.
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