HomeMy WebLinkAbout20071313.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST NEWTON AND DEEANN LURBE 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, Newton and Deeann Lurbe,VI#0700039,are allegedly in violation of the Weld
County Code, and
WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has
not been corrected, and
WHEREAS, on the 8th day of May, 2007, a public hearing was held before the Board of
County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Newton and Deeann Lurbe, 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 August 14, 2007, to allow adequate time for the property owners to restore,
remove, or screen the noncommercial junkyard from all adjacent properties and public
rights-of-way 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 VI #0700039 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Newton and Deeann Lurbe 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 August 14, 2007, to allow adequate time for
the property owners to restore, remove, or screen the noncommercial junkyard from all adjacent
properties and public rights-of-way to bring the subject property into compliance.
2007-1313
PL0824
PP ; P1 , Vivc os -- ay-o7
VIOLATIONS - VI #0700039 - NEWTON AND DEEANN LURBE
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 8th day of May, A.D., 2007.
BOARD OF COUNTY COMMISSIONERS
ElWELD CO N , COLORADO_
ATTEST: Mid ��
- • E. Long, Chair ,
Weld County Clerk to the Boar 1861t th:
72-, Pro-Tem
BY:
Deputy erk to the Board
Willi= F. Garcia
APP,&OYED AS TO • , ��,
Robe D. Masden
unty Attorney
Douglas emacher
s-2 3--O7
Date of signature:
2007-1313
PL0824
Weld County Violation Summary
Compliance Officer, Ann Siron
BASIC INFORMATION
Property Owner: Newton & Deeann Lurbe
Violation: VI-0700039
Address: 22419 CR 39, LaSalle, CO 80645
Legal: Part of the NE4SE4 of Section 7, T4N, R65W of the 6'" P.M., Weld County,
Colorado
Location: West of and adjacent to CR 39 and approximately a '/ mile North of CR 46
North: Agriculture and LaSalle city limits
South: Agriculture
East: Agriculture
West: Agriculture
Parcel Number: 1055-07-0-00-037
Certified mail date: March 28, 2007 Received: April 2, 2007
Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-30
and 23-3-30.1 of the Weld County Code.
REMEDY
To bring the property into compliance the"Noncommercial Junkyard" consisting of several derelict
vehicles, automobile parts, branches, trash, lawn mowers and other miscellaneous debris shall be
removed, restored or completely screened from all adjacent properties and public rights-of-way.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney's
office but delay legal action for 60 days.
CASE HISTORY
February 2, 2007 Initial complaint received.
February 15, 2007 Initial inspection completed.
February 2, 2007 Five day compliance encouragement letter issued.
February 20, 2007 Property owner called to have me explain violation. I also expressed concern
regarding a camper/trailer possibly being lived in and he stated that he would be
removing that from the property entirely.
February 20, 2007 Violation letter issued.
March 26, 2007 Property inspected. Property remains in violation.
2007-1313
March 28, 2007 Letter sent to property owner indicating that the violation case was scheduled
before the Board of County Commissioners.
April 3, 2007 Property owner called. Camper/trailer was removed and one vehicle. Stacks of
wood were being separated but does not think he will be done in time.
a DEPARTL .IT OF PLANNING SERVICES
North Office
Code Compliance Division
918 10`h Street, Greeley, CO 80631
WWW.CO.WELD.00.US
W.CO.W ELD.CO.US
I E-mail Address: asiron@co.weld.co.us
Phone (970) 353-6100, Ext. 3566
Fax (970) 304-6498
O • Southwest Office
COLORADO 4209 CR 24.5
Longmont, CO 80504
Phone: (720)652-4210, Ext. 8730
Fax: (720) 652-4211
March 28, 2007
Newton & Deeann Lurbe
22419 CR 39
LaSalle, CO 80645
Subject: VI-0700039, Part of the NE4SE4 of Section 7, T4N, R65W of the 6th P.M., Weld County,
Colorado
Dear Mr. & Mrs. Lurbe:
The property referenced above remains in violation of the Weld County Code. I have scheduled a
meeting with the Board of County Commissioners on May 8, 2007 at 10:00 a.m., to consider the
violations occurring on the property. The above mentioned property remains in violation of the
following Section(s) of the Weld County Code:
Chapter 23, Article Ill, Div 1 "A(Agricultural)Zone District"
Section 23-3-20 "Uses allowed by right"
Section 23-3-30 "Accessory Uses"
Section 23-3-30.1 "Noncommercial Junkyard"
To bring the property into compliance:
The"Noncommercial Junkyard"consisting of derelict vehicles, auto parts, branches, trash,
lawn mowers and miscellaneous debris shall be removed, restored or screened from all
adjacent properties and all public road right-of-ways.
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.
DERELICT VEHICLE: A vehicle that is inoperable(unable to move under its own power); is
partially or totally dismantled; has all or portions of its body work missing or is substantially
damaged; does not have valid registration with the State, as required by Section 42-3-103,
42-3-138 or 42-12-102, C.R.S., and/or the number plate assigned to it is not permanently
attached to the vehicle, as required by Section 42-3-123, C.R.S.; or is lacking proper
equipment to the extent that it would be unsafe or illegal to USE on public road rights-of-way
or otherwise not equipp vith lamps and other equipment,as require Sections 42-4-202
to 42-2-227, C.R.S. This definition shall not include implements of husuandry,farm tractors
or vehicles customarily operated in a FARMING operation.
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.
SCREENED: Construction and maintenance of fences, earth berms or the USE of
LANDSCAPING materials or other materials USED with the approval of the Department of
Planning Services to lessen the noise, light, heat or visual impacts of a USE on surrounding
uses. A SCREENING PLAN shall be submitted and approved by the Department of Planning
Services
RECREATIONAL VEHICLE: A transportation STRUCTURE or self-propelled vehicle with or
without flexible, removable or collapsible walls and partitions designed to be used as a
dwelling for travel, recreation or vacation USES. The term RECREATIONAL VEHICLE shall
include: motor home, camper bus and travel trailer, but shall not include pickup trucks with
camper shells that do not extend above the cab of the truck. For the purpose of this Code, a
RECREATIONAL VEHICLE shall be subject to all requirements and restrictions for MOBILE
HOMES as provided in this Chapter when its placement is intended for nontransient
residency. A RECREATIONAL VEHICLE shall not be used for TEMPORARY Storage,
TEMPORARY ACCESSORY Farm USE,TEMPORARY ACCESSORY USE During a Medical
Hardship, TEMPORARY ACCESSORY USE as an OFFICE, or as a Principal DWELLING
UNIT.
This hearing will take place in our Hearing Room, located at 918 10th Street, Greeley, Colorado. It is
recommended that you or a representative be in attendance to answer any questions the Board of
County Commissioners might have about the violations.
Please also be advised that I will be taking video and/or pictures from the road or adjacent properties
the business day before or as soon as possible to the above mentioned Violation Hearing date.
The Department of Planning Services' staff will be recommending that the Board of County
Commissioners authorize the County Attorney to proceed with legal action to remedy the violation. Our
records indicate that you were made aware of the nature of the violation including the action necessary
to correct the violation,and that you were given sufficient time to remedy this violation. If you have any
questions concerning this matter, please call me.
Sincerely, n $EN E': C�M•LETE THIS SECTI•N CAM LETE THIS SECTUN •N • •
ELIVEY
y ■ Complete items 1,2,and 3.Also complete A. Signature.—?
•n A Item 4 if Restricted Delivery is desired. ❑Agent
• Print your name and address on the reverse _ _ ❑Addressee
Ann Siron so that we can return the card to you. B. Received by(Pruned Nance) C. Date of Delivery
Zoning Compliance Officer • Attach this card to the back of the mallpiece, _ / ' - .7-), C)
or on the front if space permits. D. Is delivery address different from item 1? ❑Yes
pc: VI-0700039 1. Article to: Weld Dl,r+ittiPlen*RfRtI'Y9@'�I iow: O No
Department of Planning Iv�l \`^Un 4. PGnn L_1).s-be. GREELEY OFFICE
Bruce Barker, County P
;PA \CI (-1) 39 PR 0 2 2007
-6-54- //e k-C gozp z/S
• I Enpresa Mail
❑Registered O Retum Receipt for Merchandise
❑ Insured Mall O C.O.D.
4. Restricted Delivery?(Extra Fee) O Yes
z. Article Number
7005 1160 0001 4538 0632
(Transfer from service label)
PS Form 3811,February 2004 Domestic Retum Receipt 102595-02.M-1540
ferarM Weld County Department of
Plannes
1111€ Inspection tio Report
p Report
COLORADO 918 10th St
Greeley,CO 80631
Date of Inspection: , 3-J./. -CC)
Permit/Case No.: /( 00239
Property Owner Name: Li ,r1)(>( _
Address: i/' t%
Upon a(visual)(on-site)inspection of the property listed above,the following items
were noted:
is
/l? t / < � /< C t / V/?'er`(_1
Inspection by: Contact Name: (& i! 7 t;
Contact Phone Number:970-353-6100,Ext.3555 or Ext.3566
Copy of this inspection was: -L1 Left on-Site ❑Mail&un. -
Pictures taken during inspection: U-Yes O No
DEPARTMENT OF PLANNING SERVICES
6 North Office
Code Compliance Division
!' 918 10th Street, Greeley, CO 80631
Website: WWW.CO.WELD.CO.US
E-mail Address: asiron@co.weld.co.us
liD
Phone: (970) 353-6100, Ext. 3566
CFax: (970) 304-6498
O Southwest Office
COLORADO Longmont,
CO 80504
Phone: (720) 652-4210, Ext. 8730
Fax: (720) 652-4211
WELD COUNTY
ZONING VIOLATION NOTICE
February 20, 2007
Newton &DeeAnn Lurbe
22419 CR 39
LaSalle, CO 80645
Subject: VI-0700039, Part of the NE4SE4 of Section 7, T4N, R65W of the 6'h P.M., Weld County,
Colorado
Dear Mr. & Mrs. Lurbe:
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 Ill, Div 1 "A(Agricultural)Zone District"
Section 23-3-20 "Uses allowed by right"
Section 23-3-30 "Accessory uses"
Section 23-3-30.1 "Noncommercial Junkyard"
To bring your property into compliance with the Weld County Code:
The "Noncommercial Junkyard" consisting of derelict vehicles, tires, automobile parts and
other miscellaneous debris shall be removed, restored or completely screened from all
adjacent properties and public rights-of-way.
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.
power); is
portions eo uits ble work missing or s own poer is
DERELICT VEHICLE: A vehicle that is inoperable(unable to move u"`ter on 42-3-103,
ly
damaged;paally or totally s dismantled;ae valid di has all or with the State, as required by permanently
3 does not 2 have registration plate assigned to it is not p pro Per
attachedhed toro the1ve1 vehicle,
C.R.S., and/or the number C.R.S.; or is lacking p P
by Section 42-3-123,SE on public road rights-of-way
equipment u the vehiclt t as required as required in Sections adrig s-of-202
ed with lamps and other equipment,
to the extent that it would be unsafe or illegal implements of husbandry,farm tractors
toro otherwise not C.R.S.equipped
or vehicles
.S. This definition
nsa FARMING operation.
vehicles customarily operated rags; used
tin,zinc;all other scrap metals and alloys;bones; g ; used
brass,iron,i lead, of any type; used tools;
JUNK: Scrap tinfoil, bottles, old or used machinery material; used pipe
appliances;clp o ; rubber,lumber materials;fabrication of any DERELICTpip
orfi gs; or conduit teo;building used automobile pas;
VEHICLES;fittings; used nd r conduit fittings; used
that are so worn,
or
used tires and other manufactured g
obsolete as to make them unusable in their existing condition.earth berms or the USE of
of he Department of
SCREENED: erias and rmaintenance
materials
ate i a heat US or veith te approvalof a USE on surrounding
LANDSCAPING s to lessen or other noise, light,
USED with the impacts tho a USE o Department of Planning
Planning Services tooLA the s ubm, approved by
uses. A SCREENING PLAN shall be submitted and
Services. undue hardships;however,
It is the intentiond discretion
e this office to assist and cooperate with you without imposing thin days from u have 2007, to correct this zoning violation. Failure to do so will result in this office scheduling the
we have no discretion in this matter ifCy°nm'ssioners to co fail to correct 'nsides atwhetheion. r to refer o e violation to the County
February before20 the
violation the Board of County questions
Attorney's Office for legal action. helpful. Should you any q
Any riling this you have that may help to resolve this matter will e fe please c meall to schedule tan
further information, be please feel free to contact have at the above
s
regarding
this letter, or ifb you need any a wish to see me personally,
address,telephone number or e-mail address. If you
appointment so that I may reserve a sufficient amount of time with you.
Sincerely,
Ann Siron
Zoning Compliance Officer
pc: VI-0700039 es
vic
Department of Planning Services
is
Bruce Barker, County
Weld County Department of
11 t /�► Planning Services
e Inspection Report
COLORADO 91810'° St
Greeley, CO 80631
Date of Inspection:
Permit/Case No.: V I 7 1r:
Property Owner Name:
Address: 27,-;41 �r ; �� �(
Upon a(visual)(on-site)inspection of the property listed above,the fo11m
were noted:
f Lel> (r � r
Inspection by: Contact Name./ t M
Contact Phone Number:970-353-6100,Ext.3555 or Ex.3566
Copy of this inspection was: ❑
Pictures taken during inspection: ❑Yes
114 DEPARTMENT OF PLANNING SERVICES
North Office
Code Compliance y, CO8063n
918 10th e: Street, Greeley, C O.0
Website: WWW.CO.WELD.CO.US
E-mail Address: asiron@co.weld.co.us
VII
Phone: (970) 353-6100, Ext. 3566
Fax: (970) 304-6498
le Southwest Office
4209 CR 24.5
COLORADO Longmont, CO 80504
Phone: (720) 652-4210, Ext. 8730
Fax: (720) 652-4211
February 2, 2007
Newton & DeeAnn Lurbe
22419CR39
LaSalle, CO 80645
Subject: VI-0700039, Part of the NE4SE4 of Section 7, T4N, R65W of the 6tl' P.M., Weld County,
Colorado
Dear Mr. & Mrs. Lurbe:
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 with the Weld
County Code is the presence of a "Noncommercial Junkyard".
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.
Sincer
Ann Siron
Zoning Compliance Officer
pc: VI-0700039
Department of Planning Services
SERVICE,TEAMWORK.INTEGRITY,QUALITY
a
KeeDEPARTMENT OF PLANNING SERVICES
Code Compliance Division
918 10i° Street, Greeley, CO 80631
IN C Phone: (97O) 353-6100, Ext. 3540
Fax: (970) 304-6498
COLORADO
ZONING and/or BUILDING CODE COMPLAINT FORMS�rt2ompl int Initiated by: V I_50;039
e' ZONING CODE COMPLAINT
❑ Staff/Na\ci r" • Str Citizen ❑ Other:
❑ HEALTH DEPARTMENT Citizen's Name(If known):
❑ WELD COUNTY SHERIFF'S OFFICE/ANIMAL CONTROL Phone Number(If known):
❑ BUILDING CODE COMPLAINT
❑ PUBLIC WORKS/PEST & WEEDS
Date Complaint was received: a, -• D. -61
Pending Case#(i.e..US^R,,RE, SS�!!E,,,IIect...): G
Legal Description: N SL`t I 2 4 -� fG� Parcel#: i o66-c -0 -OO-D37
Violation Address: �p".1-1 lot CR ;9 , //1� cc,_ 1c 1_1'c&q�
• Property Owners Name:
C or) ii n t l ann bulb L Phone:
Property Owners Address:
Phone:
Tenant's Name:
•
Tenant's Address: /y /
NATURE OF COMPLAINT: A)! C J V
Additional Notes:
Identify Results Page 1 of 3
WELD COUNTY ASSESSOR
PROPERTY PROFILE
Account#: R4338586 Parcel#: 105507000037
Tax Area: 0105 Bordering County: V tr.0'1o� ,
Acres: 2
Township Range Section ()part. Sec, Subdivison Name Block# Lot#
04 - 65 - 07 - 0 - -
Owners Name &Address: Property Address:
LURBE NEWTON JR & DEE ANN Street: 22419 39 CR
22419 WELD CO RD 39 City: WELD
LASALLE, CO 80645
Business/Complex:
Sales Sum man
Sale Date Sale Price Deed Type Reception#
7/27/1992 $85,050 02299164
Legal Description
11893-A PT NE4SE4 7 4 65 BEG E4 COR 5493.33' N89D23'W 206' N493.33' 589D23'E 206'TO BEG EXC UPRR CO RES LOT 1
MINOR SUB M5-9 (.33R) %22419 WCR 39% SITUS: 22419 39 CR WELD 00000
Land Valuation Summary
Land Type Abst Code Unit of Number of Assessed
Actual Value
Measure Units Value
Residential 1112 Acres 2
Land Subtotal: 2 $44,000 $3,500
Buildings Valuation Summary
Assessed
Bidg# Property Type Actual Value Value
1 Residential
2 Out Building
3 Out Building
Improvements Subtotal: $132,040 $10,510
Total Property Value $176,040 $14,010
Building Details
Account#: R4338586 Parcel#: 105507000037
Owners Name &Address: Property Address:
LURBE NEWTON JR& DEE ANN Street: 22419 39 CR
22419 WELD CO RD 39 City: WELD
LASALLE, CO 80645
Building# Property Type
1 Residential
Individual Built As Detail
http://maps2.merrick.com/W ebsite/W eld/setSgl.asp?cmd=QUERY&DET=PP&pin=105 5... 02/02/2007
Identify Results Page 2-of 3
Built As: Ranch 1 Story Year Built: 1909
Exterior: Frame Hardboard HVAC: Forced Air
Interior Finish: Drywall Built As SQ Ft: 1920
# of Baths: 2 Roof Type:
# of Bdrms: 4 Roof Cover: Composition Shingle
#of Stories: 1
Rooms: Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R4338586 Parcel#: 105507000037
Owners Name&Address: Property Address_
LURBE NEWTON JR & DEE ANN Street: 22419 39 CR
22419 WELD CO RD 39 City: WELD
LASALLE, CO 80645
Building*/ Property Type
2 Out Building
Individual Built As Detail
Built As: Shed - Utility Year Built: 1980
Exterior: HVAC: None
Interior Finish: Built As SQ Ft: 1
#of Baths: 0 Roof Type:
a of Bdrms: 0 Roof Cover:
#of Stories: 0
Rooms: 0 Units: 0
Garage:
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
Account#: R4338586 Parcel#: 105507000037
Owners Name&Address: Property Address:
LURBE NEWTON JR & DEE ANN Street: 22419 39 CR
22419 WELD CO RD 39 City: WELD
LASALLE, CO 80645
Buil_ding# Prop_erty__Ty_pe
3 Out Building
Individual Built As Detail
Built As: Shed - Cattle Year Built: 1986
Exterior: Pole Frame Metal Siding HVAC: None
Interior Finish: Built As SQ Ft: 432
# of Baths: 0 Roof Type:
# of Bdrms: 0 Roof Cover:
a of Stories: 1
Rooms: 0 Units: 0
Garage_
Attached SQ Ft: Detached SQ Ft:
Basement:
Total SQ Ft: Finished SQ Ft:
http://maps2.merrick.com/W ebsite/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=1055... 02/02/2007
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AR22999➢3 B 1347 FtEC 02299903 08/12/92 15:28 620.00 1/004
F 1135 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
State of Colorado DEED OF TRUST Ft e&YR"fa t 1 e 7 7 0 3
27204034
THIS DEED OF TRUST('Security Instrument')is made on July 30th, 1992
among the grantor,
NEWTON LNRSE JR, AND DEE ANN LURBE,
("Borrower'), the Public Trustee of WELD
MARGARETTEN & COMPANY. INC. County('Trustee"),and the beneficiary,
which is organized and existing under the laws of the State of New Jersey ,and whose
address is One Ronson Road, Iselin, New Jersey, 08830
" and uuilu owes Lender the principal sum of
Eighty— Five Thousand, Two Hundred Nineteen
Dollars(U.S.$ 85,219.00 ). This debt is evidenced by Borrower's Nom dated the same date as this Security
Instrument("Nom'),which provides for monthly payments,with the full debt,if not paid earlier, due and payable on
August 1st, 2022 . This Security Instrument secures to Lender: (a)the repayment of the debt evidenced by
the Note,with interest,and all renewals,extensions and modifications;(b)the payment of all other sums,with interest,advanced
under paragraph 6 to protect the security of this Security Instrument;and(c)the performance of Borrower's covenants and agreements
under this Security Instrument and the Note. For this purpose,Borrower, in consideration of the debt and the bust herein created,
irrevocably grants and conveys to Trustee,in trust,with the power of sale,the following described property located in
WELD
County,Colorado;
LOT ONE (1) OF MINOR SUBDIVISION NO. 1055-7-4-MS-9. ACCORDING
TO PLAT OF SAID SUBDIVISION, RECORDED OCTOBER 19, 1972 IN BOOK
678 UNDER RECEPTION NO. 1599950, AND BEING A PORTION OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER (NE1/4SE1/4) OF
SECTION 7, TOWNSHIP 4 NORTH, RANGE 55 WEST OF THE 6TH P.M.
COUNTY OF WELD, STATE OF COLORADO.
which has the address of
22419 WCR 39 LASALLE. CO 80545
TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements,rights,appurtenances,
rents,royalties,mineral,oil and gas rights and profits,water rights and stock and all fixtures now or hereafter a part of the property.
All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security
Instrument as the'Property.'
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage,
grant and convey the Property and that the Property is unencumbered,except for encumbrances of record. Borrower warrants and
will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record.
COLORADO FHA DEED OF TRUST ,y b�,
MAR-0501 PAGE 1 OF 0(Rev 7/91) "( K 1.
aces MARC a93) ,.•,,
B 1347 REC 02299903 08/12/92 15:28 $20.00 2/004
F 1136 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CC, CO
UNIFORM COVENANTS: Borrower and Lender covenant and agree as follows:
1. Payment of Principal,Interest and Late Charge. Borrower shall pay when due the principal of,and interest on,the
debt evidenced by the Note and late charges due under the Note.
2. Monthly Payments of Taxes,Insurance and Other Charges. Borrower shall include in each monthly payment,together
with the principal and interest as set forth in the Note and any late charges,an installment of any (a)taxes and special assessments
levied or to be levied against the Property,(b)I-ac'hold payments or ground rents on the Property,and(c)premiums for insurance
required by Paragraph 4.
Each monthly installment for items(a),(b)and(c)shall equal one-twelfth of the annual amounts,as reasonably estimated
by Lender, plus an amount sufficient to maintain an additional balance of not more than one-sixth of the estimated amounts. The
full annual amount for each item shall be accumulated by Lender within a period ending one month before an item would become
delinquent. Lender shall hold the amounts collected in trust to pay items(a),(b)and(c)before they become delinquent.
If at any time the total of the payments held by Lender for items(a),(b)and(c),together with the future monthly payments
for such items payable to Lender prior to the due dates of such items, exceeds by more than one-sixth the estimated amount of
payments required to pay such items when due,and if payments on the Note are current,then Lender shall either refund the excess
over one-sixth of the estimated payments or credit the excess over one-sixth of the estimated payments to subsequent payments by
Borrower, at the option of Borrower. If the total of the payments made by Borrower for item(a), (b)or(c)is insufficient to pay
the item when due,then Borrower shall pay to Lender any amount necessary to make up the deficiency on or before the date the item
becomes due.
As used in this Security Instrument, 'Secretary' means the Secretary of Housing and Urban Development or his or her
designee. In any year in which the Lender must pay a mortgage insurance premium to the Secretary, each monthly payment shall
also include either: (i)an installment of the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii)a
monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary. Each monthly
installment of the mortgage insurance premium shall be in an amount sufficient to accumulate the hill annual mortgage insurance
premium with Lender one month prior to the date the full annual mortgage insurance premium is due to the Secretary, or if this
Security Instrument is held by the Secretary, each monthly charge shall be in an amount equal to one-twelfth of one-half percent of
the outstanding principal balance due on the Note.
If Borrower tenders to Lender the full payment of all sums secured by this Security Instrument,Borrower's account shall
be credited with the balance remaining for all installments for items(a),(b)and(c)and any mortgage insurance premium installment
that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower.
Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any
balance remaining for all installments for items(a),(b)and(c).
3. Application of Payments. All payments under Paragraphs I and 2 shall be applied by Lender as follows:
First,to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary
instead of the monthly mortgage insurance premium;
Second, to any taxes,special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance
premiums,as required;
Third,to interest due under the Note;
Fourth,to amortization of the principal of the Note;
Fifth,to late charges due under the Note.
4. Fire,Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in
existence or subsequently erected, against any hazards, casualties and contingencies, including fire, for which Lender requires
insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires, Borrower shall also insure
all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required
by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall
be held by Lender and shall include loss payable clauses in favor of,and in a form acceptable to,Lender.
In the event of loss,Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made
promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly
to Lender,instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by lender, at its
option,either(a)to the reduction of the indebtedness under the Note and this Security Instrument,first to any delinquent amounts
applied in the order in Paragraph 3,and then to prepayment of principal,or(h)to the restoration or repair of the damaged property.
Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred
to in Paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all
outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto.
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the
indebtedness,all right,title and interest of Borrower in and to insurance policies in force shall pass to the purchaser.
5. Occupancy,Preservation,Maintenance and Protection of the Property;Borrower's Loan Application;Leaseholds.
Borrower shall occupy,establish, and use the Property as Borrower's principal residence within sixty days after the execution of
this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the
date of occupancy,unless the Secretary determines this requirement will cause undue hardship for Borrower, or unless extenuating
circumstances exist which are beyond Borrower's control. Borrower shall notify Lenders of any extenuating circumstances. Borrower
shall not commit waste or destroy,damage or substantially change the Property or allow the Property to deteriorate,reasonable wear
and tear excepted. Lender may inspect the property if the property is vacant or abandoned or the loan is in default. Lender may
take reasonable action to protect and preserve such vacant or abandoned property. Borrower shall also be in default if Borrower,
during the loan application process, gave materially false or inaccurate information or statements to Lender(or failed to provide
Lender with any material information)in connection with the loan evidenced by the Note,including,but not limited to,representations
concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold,Borrower
shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be
merged unless Lender agrees to the merger in writing.
6. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or
municipal charges, fines and impositions that are not included in Paragraph 2. Borrower shall pay these obligations on time directly
to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property,upon Lender's
request Borrower shall promptly furnish to Lender receipts evidencing these payments.
If Borrower fails to make these payments or the payments required by Paragraph 2,or fails to perform any other covenants
and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in
the Property(such as a proceeding in bankruptcy,for condemnation or to enforce laws or regulations),then Lender may do and pay
whatever is nx'csary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard
insurance and other items mentioned in Paragraph 2.
Any amounts disbursed by Lender under this Paragraph shall become an additional debt of Borrower and be secured by this
Security Instrument. These amounts shall bear interest from the date of disbursement,at the Note rate,and at the option of the
Lender,shall be immediately due and payable.
COLORADO FDA DEED OF TRUST
MAR-0501 PAGE 2 OF 4 (Ric 7/911
Wear MAadfll IS.,.1' )
B 1347 REC 02299903 08/12/92 15:28 $20.00 3/004
F 1137 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
7. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
condemnation or other taking of any part of the Property,or for conveyance in place of condemnation,are hereby assigned and shall
be paid to I ender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument.
Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any
delinquent amounts applied in the order provided in Paragraph 3, and then to prepayment of principal. Any application of the
proceeds to the principal shall not extend or postpone the due date of the monthly payments,which are referred to in Paragraph 2,
or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under
the Note and this Security Instrument shall be paid to the entity legally entitled thereto.
8. Fees. Lender may collect fees and charges authorized by the Secretary.
9.Grounds for Acceleration of Debt.
(a)Default. Lender may,except as limited by regulations issued by the Secretary in the case of payment defaults,require
immediate payment in full of all sums secured by this Security Instrument if:
(i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to
or on the due date of the next monthly payment,or
(ii)Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this
Security Instrument.
(b)Sale Without Credit Approval. Lender shall, if permitted by applicable law and with the prior approval of the
Secretary, require immediate payment in full of all sums secured by this Security Instrument if:
(i) All or part of the Property,or a beneficial interest in a trust owning all or part of the Property, is sold or
otherwise transferred(other than by devise or descent)by the Borrower,and
(ii)The property is not occupied by the purchaser or grantee as his or her principal residence,or the purchaser or
grantee does so occupy the Property, but his or her credit has not been approved in accordance with the
requirements of the Secretary.
(c)No Waiver. If circumstances occur that would permit Lender to require immediate payment in full,but Lender does
not require such payments,Lender does not waive its rights with respect to subsequent events.
(d)Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights
in the case of payment defaults to require immediate payment in full and foreclose if not paid. This Security Instrument
does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary.
(e)Mortgage Not Insured. Borrower agrees that should this Security Instrument and the Note secured thereby not be
eligible for insurance under the National Housing Act within 60 days from the date hereof,Lender may,at its option and
notwithstanding anything in Paragraph 9, require immediate payment in full of all sums secured by this Security
Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date
hereof,declining to insure this Security Instrument and the Note secured thereby,shall be deemed conclusive proof of such
ineligibility. Notwithstanding the foregoing,this option may not be exercised by Lender when the unavailability of
insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary.
10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of
Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure
prgrnMM7ings are instituted. To reinstate the Security Instrument,Borrower shall tender in a lump sum all amounts required to bring
Borrower's account current including,to the extent they are obligations of Borrower under this Security Instrument,foreclosure costs
and reasonable and customary attorneys'fees and expenses properly associated with the foreclosure ern-ending. Upon reinstatement
by Borrower,this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate
payment in full. However, Lender is not required to permit reinstatement if: CO Lender has accepted reinstatement after the
commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure
proceeding,(ii)reinstatement will preclude foreclosure on different grounds in the future,or(iii)reinstatement will adversely affect
the priority of the lien created by this Security Instrument.
11. Borrower not Released;Forbearance by Lender not a Waiver. Extension of the time of payment or modification
of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not
operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence
proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums
secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's su r•=curs in interest.
Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy.
12. Successors and Assigns Bound;Joint and Several Liability;Co-Signers. The covenants and agreements of this
Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower,subject to the provisions of Paragraph
9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does
not execute the Note: (a)is co-signing this Security Instrument only to mortgage,grant and convey that Borrower's interest in the
Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security
Instrument;and(c)agrees that Lender and any other Borrower may agree to extend,modify,forbear or make any accommodations
with regard to the terms of this Security Instrument or the Note without that Borrower's consent.
13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing
it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or
any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's
address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument
shall be deemed to have been given to Borrower or Lender when given as provided in this Paragraph.
14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the
jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts
with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect
without the conflicting provision. To this end the provision's of this Security Instrument and the Note are declared to be severable.
15. Borrower's Copy. Borrower shall be given one conformed copy of this Security Instrument.
16. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the
Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the
Property to pay the rents to Lender or Lender's agents. However,prior to Lender's notice to Borrower of Borrower's breach of any
covenant or agreement in theSecurity Instrument,Borrower shall collect and receive all rents and revenues of the Property as trustee
for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for
additional security only.
If Lender gives notice of breach to Borrower: (a)all rents received by Borrower shall be held by Borrower as trustee for
benefit of Lender only,to be applied to the sums secured by the Security Instrument;(b)Lender shall be entitled to collect and receive
all of the rents of the Property;and(c)each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent
on Lender's written demand to the tenant.
Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent
Lender from exercising its rights under this Paragraph 16.
Lender shall not be required to enter upon,take control of or maintain the Property before or after giving notice of breach
to Borrower. However,Lender or ajudicially appointed receiver may do so at any time there is a breach. Any application of rents
shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall
terminate when the debt secured by the Security Instrument is paid in full.
COLORADO FHA DEED OF TRUST
MAR-0501 PACE 3 OF 4(Rev 7/91)
a.p,�ra.uebi nr.anti
B 1347 REC 02299903 08/12/92 15:28 $20.00 4/004
x F 1136 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
O
NON-UNIFORM COVENANTS: Borrower and Lender further covenant and agree as follows:
17. Foreclosure Procedure. Lender at its option may require immediate payment in full of all sums secured by this
Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by applicable
law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 17,
including,but not limited to,reasonable attorneys'fees and costs of title evidence.
If Leader 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 paragraph 13. 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 fade 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.
18. 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 canceled, 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.
19. Waiver of Homestead. Borrower waives all right of homestead exemption in the Property.
20. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this
Security Instrument,the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the
covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument.
BY SIGNING BELOW,Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s)
executed by Borrower and recorded with it.
Witnesses: U
y 0
o NEWTON LURBE JR—Bor rower
q
CO DEE ANN LURBE—Borrower
Q
WHO
Q —Borrower
CC
4,4
etu
c-.0
cc n 0 —Borrower
N.
(ND 03
STATE OF COLORADO
CITY OF ss:
COUNTY OF WELD
The foregoing instrument was acknowledged before me this 30th day
of July, 1992 by
NEWTON LURBE JR,
DEE ANN LURBE,
19itaiessl my`thand and official seal .•
�My commissi dn. expires l' .%C.5 11/4
C�'�Cll , n
•
Notary relic c\.),
COLORADO COLORADO FAA DEED OF TRUST \\
MAR-FOR FACE 4 OF 4 (Flu 71931
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LURBE. NEWTON & DEANN❑ ,
VI-0700039
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