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HomeMy WebLinkAbout820138.tiff • AR1690624 RESOLUTION RE: APPROVAL OF ADDENDUM TO PARKLAND SUBDIVISION IMPROVEMENTS AGREEMENT AND AUTHORIZATION FOR CHAIRMAN TO SIGN SAME 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 C J r o WHEREAS, an addendum to the subdivision agreement between li Parkland Estates, Inc. and Weld County, Colorado was entered ow 3 into on the 13th day of February, 1980, and 0s eid WHEREAS, Parkland Estates, Inc. and Weld County, Colorado desire to substitute Lot 12, Block 1 in place of Lot 3, Block 1, and .y r Y s WHEREAS, an addendum has been prepared effecting such changes cN w . and said addendum has been presented to the Board of County Com- missioners of Weld County, Colorado, and `' WHEREAS , the Board of County Commissioners deems it advis- ;,; able and in the best interests of Weld County to approve said mLL a z addendum. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- Lai r_: rr z missioners of Weld County, Colorado that the addendum to the l ^ Parkland Subdivision Agreement be, and hereby is, approved. c . :_ BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign the same. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 5th day of May, A.D. , 1982. BOARD OF COUNTY COMMISSIONERS ATTEST:, try ( „,,Ch 4 r✓ WELD COUNTY, COLORADO Weld County Cl /�erk and Recorder 21/2212---/ -‘ ) , and Clerk to the Board JQfrp-.Martin, C' irman BY: i g �2itJar o menuty Cou V Clerk Chuck Carlson, ro-Tem RM• "////"'' Norman Carlson Asir taan ountyAtt� EXCUSED W. Kirby Ate a `�! I/,J/ - Ini"LeV rn ne K. Steinmark , , 820138 DATE PRESENTED: May 5, 1982 • i ARS89082 5 AMENDMENT TO DEED OF TRUST KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, there was recorded on the 25th day of February, 1980, in Book 896 Reception 1817852 of the record in the office of the County Clerk and Recorder of the County of Weld in the State of Colorado, a certain Amendment to Deed of Trust dated the 13th day of ct0 February,1980, executed and delivered by Parkland Associates, Inc. , as Nominee 0V to secure to the payment of an indebtedness in said instrument particularly r y mentioned, creating a lien, inter alia, upon the following described property in said County of Weld, State of Colorado, to wit: it — —_ Lots 3, 4, and 5 of Block 1, Parkland Estates, according to the recorded plat thereof, o AND WHEREAS, the parties hereto desire to amend the legal description of said Amendment to Deed of Trust. NOW, THEREFORE, for a valuable consideration, it is hereby agreed that the aforedescribed Lot 3, Block 1, Parkland Estates, is to be partially z released from the lien created by said instrument, and in lieu thereof, the ri F- ee 'ui following described property in said County of Weld, State of Colorado, to -. wit: Lot 12, Block 1, Parkland Estates, according to the recorded plat az z thereof, shall be included as property covered by the lien in said Amendment to Deed of Trust instrument first hereinabove described. Except as amended r tir herein, the remaining terms and conditions of said Amendment to Deed of Trust No & shall remain and continue to be in full force and effect. DATED this day of el¢+f,� , 1982. PARKLAND ASSOCIATES, INC. BOARD OF COUNTY COMMISSIONERS AS NOMINEE WELD COUNTY, COLORADO -j÷/ 2/ii; BY: / /�/r':''' of Chairman ATTEST: ATTES • ``t �(;A✓.Fisl r By: t CQ'7 GL '2'CCz-t"-' Weld County Jerk and Recorder S retary and .erzk C] to the Board ,ThAAJ ' / Deputy Coun y Clerk 82 013 7 L . • STATE OF COLORADO ) I« '�_' ` ) ss. COUNTY OF[� c�v ) The foregoing instrument was acknowledged before me this a to day of , 1982, by Witness my hand and official seal. My Commission expires: CZ° a .) ' NOTARY PUBLIC L �, '2Q ;' STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1982, by John T. Martin Wit ess my hand and official seal. My Commission expires: My Ccmr;is;icn r. c April 28, 1986 . \Ca C - NOTARYI (. 7.1 STATE OF COLORADO ) rn ss z COUNTY OF WELD ) n r The foregoing instrument was acknowledged before me by R. W. Newman on the 6th day of May, 1982. Witness my hand and official seal. _ n �., ;,iiyi Commission expires: 10/20/82 NOTARY PUBLIC _m nn 7c C Fc MAY 1 OJy Recorded at o'clock M. " - C 936 5'7596 -utnate,.,�u„s,r Weld County,o Colorado .f; Reception No Recorder. too THIS DEED OF TRUST,Made this 23rd day of April 19 81,between Parkland Associates, Inc. , as Nominee the grantor herein whose address is 4696 Anne Place , Erie , Colorado 8 0516 • County of Weld and State of Colorado, and the PUBLIC TRUSTEE of the County or City and County in which the property described below is situated,in the State of Colorado, Witnesseth: The Grantor to secure a subdivision improvement agreement with the Weld County Borad of County Commissioners dated September 19 , 1977 the beneficiary herein whose address is 915 10th Street, Greeley, Colorado ,after the date thereof, with interest thereon from the date thereof at the rate of percent per annum, principal and interest payable does hereby grant and convey unto said Public Trustee the following described property, situate in the County of Weld , State of Colorado, to wit: Lot 21, Block 1 of Parkland Estates, According to the recorded plat thereof /A )/10§ „MN 31 /fin 47 AN /,985 puezfe T� N re '1'O HAVE AND TO HOLD the same together with all appurtenances, in trust nevertheless, that in case of default in the payment of said note or any part thereof or interest thereon,or in the performance of any covenants hereinafter set forth, then upon the beneficiary (note holder) filing notice of election and demand for sale,said Public Trustee,after advertising notice of said sale weekly, for not less than four weeks, in some newspaper of general circulation in said county, shall sell said property in the manner provided by law in effect at the time of filing said notice and demand,at public auction for cash,at any proper place designated in the notice of sale.Out of the proceeds of said sale said Trustee shall retain or pay first all fees,charges and costs and all moneys advanced for taxes, insurance and assessments,or on any prior encumbrance, with in- terest thereon,and pay the principal and interest due on said note,rendering the overplus (if any) unto the grantor;and after the expiration of the time of redemption,said Trustee shall execute and deliver to the purchaser a deed to the property sold.The beneficiary may purchase said property or any part thereof at such sale. The grantor covenants that at the time of delivery of these presents, he is seized of said property in fee simple, and that said property is free of encumbrances.except for easements, reservations and restrictions of record and beneral real property taxes for the year 1981, due and payable in 1982. and that he will keep all buildings insured for fire and extended coverage in amount equal to the unpaid balance of said note with loss payable to the beneficiary, and will pay all taxes and assessments against said property and amounts due on prior encumbrances, and if he shall fail to pay insurance premiums, taxes or amounts due on prior encumbrance, the beneficiary may pay the same and all amounts so paid shall become additional indebtedness due hereunder; and in case of foreclosure, he will pay an attorney's fee of a reasonable amount. Should the beneficiary hereunder be made a party to any action affecting this deed of trust or the title to said property, the grantor agrees that all court costs and a reasonable attorney's fee paid by the beneficiary shall become additional indebtedness due hereunder; and the grantor does hereby release and waive all claims in said property as a homestead exemption or other exemption now or hereafter provided by law. It is agreed that in case of default in payment of said principal or interest or a breach of any of the covenants herein, then said principal sum hereby secured and interest thereon may at the option of the beneficiary become due and payable at once, anything in said note to the contrary notwithstanding and possession of said property will thereupon be delivered to the beneficiary, and on failure to deliver such possession the beneficiary shall be entitled to a receiver for said property, who may be appointed by any court of competent jurisdiction. Whenever used herein the singular number shall include the plural, the plural the Singular, and the use of any gender shall be applicable to all genders. All of the covenants herein shall be binding upon the respective heirs, personal representatives, successors and assigns of the parties hereto. Executed the day and year first above written. eis Piyty STATE OF COLORADO, Ise. County of___ ,.s 1 The foregoing ivatrumenlopas acknowl deed before ma this p( day of .19 a cam. h y o stow expires — t v • C _ s my hand and gff(cialCspl.Y , A—6.13 / 1 Notary Public. ,o, . o.923- eV* DEED OF TRUST TO PUBLIC TRUSTEE.—Short Form.- -Bradford Publishing Co.,1824-41,Stout Street,Denver,Colorado 12-74 'If by natural person or persons here insert name or names; if by person acting in representative or official capacity or as attorney-in-fact, then insert name of person as executor, attorney-in-fact or other capacity or description; if by officer of corporation, then insert name of such offic officers, as the president or other officers of such corporaton, naming it.—Statutory Acknowledgment, Sec. 38-35-101, Colorado Revised s tat nr re�rl,,:v. A 147 1 \ti ,,..... \-. \''''c\% l ,t m d y' A 0 f J P 'H -0 ` o (.,a C6) Ca B v z ° I� O x 5 o H C/] e z CO �i o a g o a z - F F., Fw z ow oa o z m of co O w n...I m U N y 0.i A w a .c 'vI O i A F+Y m O o w o U W WO '� A x a' C o o F o cu CP Z < Z LT4 p N T c w �w CC A O 0 3 r w. o a M rn s . . u�i L LL CO �/16-6 Q MAY 1 1 `-, Recorded • 4 at—.. o'clock m. .... q „do 936 — Weld County, Colorado Reception No.----18�r�-f- 1—t7Jr _.. ... . i �' Recorder. J I — I KNOW ALL MEN BY THESE PRESENTS, That,Whereas, RECORDER'S STAMP PARKLAND ASSOCIATES , I\C. , as Nominee I l H of by Deed of Trust i dated them day of August , 19 78 , and duly recorded in the office of the County Clerk and Recorder v` II, of the County of Weld , in the State of Colorado, on the 11 day ofOctober , 19 78 , • I in Book 847 at Page (film No. , ,I reception No. 1769380 )* conveyed to the Public Trustee I I in said Weld County, certain property in said o I I Deed of Trust described in trust to secure to the order of Ii AN ESCROW ACCOUNT, c/o KAY NORTON o to ment f the inde tednes ntisned h rein. **NOTE : There was an amendment O: to ne ThoEefige b?yee eeY8i 8 rust recorded February 25 , 1980 an AND, WHEREAS, said indebtedness has been partially paid and the purposes of said trust have a- been partially satisfied o ! NOW,THEREFORE,at the request of the legal holder of the indebtedness secured by said Deed L, I of Trust, and in consideration of the premises, and in further consideration of the sum of three yl•'Li Dollars to me in hand paid, the receipt whereof is hereby acknowledged,I,as the Public Trustee in said Weld County, do hereby remise, release and quit-claim unto the I present owner or owners of the property hereinafter described and unto the heirs, successors and H 7 assigns of said owner or owners forever, all the right,title and interest which,I,as such Public Trustee have in and to that part and portion of the property, set forth and described in the aforesaid Deed of Trust, described as follows, to wit: - Lot 5 , Block 1 , PARK LAND ESTATES , a subdivision of WELD COUNTY I sin in he County situate lying and t Co t of Y g g Y Weld and State of Colorado. I TO HAVE AND TO HOLD the same, together with all and singular the privileges and appur- tenances thereto belonging forever. And further, that, as to the above described property, the said i Trust Deed is to be considered as fully and absolutely released,cancelled and forever discharged. ' Witness my hand and seal this //7 day of , ylv_ , 1981 , ' ,-t II iI I '�-2'� -�'u-CQ- As the Public in said County of w Wet) STATE OF COLORADO, }ss. I County of Weld The foregoing instrument was acknowledged before me this //'^'/ day of y- , 19P/ , by ANNE D. NYE I O as the Public Trustee in the said Coun, ct Wald ,Colorado. . l .-fgrf,7iss1'gn expires My Commission Expires April 24, 1984 E Witnet' i V°/tea' nd And Official seal. s; '°u B�` 0 ':- its 1lC 0 f co Notary Public. To the Public Trustee in said County of Weld , Please execute this release, the indebtedness secured by the above mentioned Deed of Trust having been partially paid and satisfied. az„ rrr��y �f rn.Chuck Caarl S it IS llMntlebtedneaa secured by said Deed of Trust. Board of County Commissioners Weld County, Colorado . eIn counties where book and page numbers have been abolished. No.927, PARTIAL RELEASE OF DEED OF TRUST BY THE PUBLIC TRUSTEE. —e 1978 Bradford Publishing Co.,1846 Stout Street.Denver,Colorado(573-5011)-3-78 Hello