HomeMy WebLinkAbout20022711.tiff 051 --
RESOLUTION
RE: APPROVE CANCELLATION AND RELEASE OF COLLATERAL FOR RADEMACHER
BUSINESS PARK FINAL PUD, S #422 -ZEEK PARTNERSHIP, LTD.
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, by Resolution dated June 4, 1997, the Board approved the application of
Zeek Properties, Ltd., do Landmark Engineering, Ltd., 14504 1-25 Frontage Road, Longmont,
Colorado 80504, for a Site Specific Development Plan and Planned Unit Development (PUD)
Final Plan, S #422, on the following described real estate, to wit:
Part of the NW1/4 of Section 23, Township 3 North,
Range 68 West of the 6th P.M., Weld County,
Colorado, and
WHEREAS, on July 30, 1997, the Board of County Commissioner of Weld County,
Colorado, approved an Off-Site Improvements Agreement According to Policy Regarding
Collateral for Improvements (Publicly Maintained Roads) for Rademacher Business Park Final
PUD, S #422, between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, and Zeek Properties, Ltd., c/o Landmark Engineering,
Ltd., with terms and conditions being as stated in said agreement, and
WHEREAS, on July 30, 1997, the Board did accept as collateral a Deed of Trust for
Lot 8, Block 1, Amended Plat of Rademacher Business Park Final PUD, recorded by the Weld
County Clerk and Recorder on August 15, 1997, at Reception Number 2563780, Book B-1621,
Page 572, and
WHEREAS, pursuant to Section 3.0 of said Off-Site Improvements Agreement, an
Escrow Account#447-3019464 was established at Norwest Bank, cumulative total of which at
this date is $44,568.35, and
WHEREAS, on September 16, 2002, check number 5727 from Zeek Partnership, Ltd.,
in the amount of$176,000.00, was received in the Office of the Clerk to the Board, payment of
which releases Zeek Partnership, LLLP, from all obligations relating to the performance of the
Off-Site Improvements Agreement, and
WHEREAS, it has been determined by the Board that the collateral being held by Weld
County is no longer necessary to secure said Improvements Agreement According to Policy
Regarding Collateral for Improvements (Off-Site for Publicly Maintained Roads) for
Rademacher Business Park Final PUD, S#422, and
WHEREAS, staff from the Weld County Department of Public Works has conducted a
visual inspection and recommends release of said collateral.
I Mill IIIIIIIIIIIIIIIIItilllIII11.111011191110111111111 2002-2711
2996051 10/15/2002 11:50A, W to PL0381
1 of 2 R 0.00 0 0.00 J.A. Sukr" Tsukamoto 6e PL Plc) Zeck 17
CANCEL COLLATERAL - ZEEK PARTNERSHIP, LTD.
PAGE 2
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Deed of Trust for Lot 8, Block 1, Amended Plat of
Rademacher Business Park Final PUD, recorded by the Weld County Clerk and Recorder on
August 15, 1997, at Reception Number 2563780, Book B-1621, Page 572, be, and hereby is,
canceled and released.
BE IT FURTHER RESOLVED by the Board that Norwest Bank Escrow Account
#447-3019464, cumulative total of which at this date is $44,568.35, be, and hereby is, canceled
and released.
BE IT FURTHER RESOLVED by the Board that the Clerk to the Board be, and hereby
is, directed to return said collateral to the appropriate issuing party and to process whatever
paperwork is necessary to insure release of said obligation by Zeek Partnership, LLLP.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 7th day of October, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
/�/�/I -'� -WELD COUNTY, C LORADO
l ATTEST: lO�D�'v�_/a <�
^�9 La Glen aad, C air ��
Weld County Clerk to th W.a , �`�
obi ` _ �..
V 186 Q kV David : g, •ro-Tem
Deputy Clerk to the't% , �1 /'
(Uj I r . J. elle
gPRZSV D A,$-TO-F M: t J
--2---2.---L
William H. Jerke
unty A ey EXCUSED DATE OF SIGNING (AYE)
Robert D. Masden
!U/Date of signature: 9
1111111 illll111111111111111111111111111III1111111111B 2002-2711
2996051 10/15/2002 11:50A Weld County, CO PL0381
2 of 2 R 0.00 D 0.00 J.A. "Suki" Tsukamoto
John G. Canny
Attorney at Law
3560 Evergreen Parkway, Suite 204
Evergreen,Colorado 80439
Phone(303)670-6310
FAX(303)670-3804
CERTIFIED MAIL
RETURN RECEIPT REQUESTED RECEIVED
September 11, 2002 SEP 1 3 2002
WELD COUNTY
PUBLIC WORKS DEPT
Don Carroll, Engineering Administrator
Weld County Department of Public Works
P.O. Box 758
Greeley, CO 80632
RE: County Road 9 'h/Zeek Partnership, LLLP
Dear Mr. Carroll:
In accordance with our recent telephone conversations and correspondence, enclosed are
the following relating to the Off-Site Improvements Agreement(Publicly Maintained Roads)
dated on or about July 3, 1997:
1. Request for Release of Deed of Trust and Release with respect to Lot 8, Block 1,
Amended Plat of Rademacher Business Park Final PUD. Please insert the information required
at Date of Deed of Trust, Recording Date of Deed of Trust, Reception and/or Film Nos. of
Recorded Deed of Trust and Book and Page of Deed of Trust.
2. County Commissioner's Resolution which I should tell you mirrors the Resolution
used in the previous Releases of Deeds of Trust for Lots 4 and 5, Block 1, which lots had been
given for security for the performance of the obligations under the companion improvements
agreement of the same date for privately maintained roads.
3. My client's check payable to the Board of County Commissioners, Weld County,
in the amount of$176,000.00 in accordance with our telephone conversations and Mr.
Scheltinga's letter of August 5, 2002.
When the Resolution and Request for Release have been signed and are ready for
recording, I would appreciate your forwarding a copy of same in the enclosed addressed,
stamped envelope to the Weld County Title Company as a means of informing the title company
of the removal of this encumbrance from the title. Our understanding is that according to your
Don Carroll, Engineering Administrator
Weld County Department of Public Works
September 11, 2002
Page Two
telephone call of September 10, 2002, there is approximately$44,568.35 in the escrow which,
because we are paying the full $176,000.00 by check, will be released to my client at the time
the Resolution and Request for Release are executed. I will rely on you or Lee Morrison to
provide the documentation in order to do that. It is also our understanding that upon the release,
all obligations of the Zeek Partnership, LLLP relating to the performance of the Off-Site
Improvement Agreement will have been complied with in full. If this is not your understanding,
please let me know in advance of negotiating the check.
Should you have any questions concerning this matter, please do not hesitate to call.
Thank you for your cooperation.
Very truly yours,
--,____/( if — --
ohn G. Canny
JGC:mbg
Enclosures
cc: Zeek Partnership, LLLP
Lee Morrison, Weld County Attorney
zeek\propenyl@ to don canon 9-11-02.wpd
OCT-02-02 WED 02:47 PM WELD COUNTY PUBLIC WKS7 FAX:9703046497 PAGE 1
10/02/2002 12:38 3036703804 JOHN G. CANNY, ATTY PA4t UV CZ
John G. Canny
Attomav at Lw
3560 Evergreen Parkway,suite 204
Evergreen,Colorado$0439
Phone(303)6706310
FAX(303)670-3804
PALS 97
October 2,2002
Don Carroll,Engineering Administrator
Weld County Department of Public Works
P.O.Box'758
Greeley,CA 80632
RE: County Road 9'A/Zcck Parmership,LLLP
Dear Mr. Carroll:
Pursuant to my letter to you dated September 11.2002,1v/cold appreciate receiving a status
report of the Request for Release of Deed of Trust and County Commissioner's Resolution as
referenced in my letter, Tn that we are antioiPling a closing on the property in the very near future,
it would be appreciated if you could give this matter your expeditious handling.
Should you have any questions concerning this matter,please do not hesitate to call.
Thank you for your cooperation.
my truly yours,
hn G.Carmy
JGC:mbg
Enclosures
cc; Zeok Partnership,T TIP
Lee Morrison,Weld County Attorney
manta aar anawrmare Poat-It"Fax Note 7671 Dale 1p_�,-0�p�g' L
To! Mo2Wf0.J Fran-Dor a-,
Ca/Dept. Co.
Phone 0 PN000 a
Fax 0 Fax
OCT-02-02 WED 02:47 PM WELD COUNTY PUBLIC WKS7 FAX:9703046497 PAGE 2
16/82/2082 12:38 3e36703884 JOHN (3. CANNY, ATTY rAY. 011OL
JOHN G.CANNY
Attorney at Law
3560 Evergreen Parkway Telephone: (303)6J0.6310
Suite 204 FAX: (303)670-3804
Evergreen,CO 80439
FACSIMILE/TELIECOPIER TRANSMITTAL S}IEET
RECWIENT: Don Carroll,Engineering Administrator
RECIPIENT'S FAX NUMBER: 970-304-6497
COMPANY NMSE: Weld County Department of Public Works
SUBJECT: County Road 9 In/Zeek Parmersbip,LLLP
OPERATOR Mary Gibson
DATE: 10/2/02 TIME: 12:35 pin
YOU WILL RECEIVE 2 PAGES INCLUDING THIS COVER PAGE
If you do not receive all pages,please call 670-6310 as soon as possible.
Copy follows by mail Yes I�p
Reply requested No
ADDITIONAL COMMENTS
An expeditious response to the attached letter would be greatly appreciated.
ATT'ENIION: The information contained in this facsimile message is attorney privileged and
confidential information intended only for the use of the individual or entity named above. If the
reader of this message is not the intended recipient,you are hereby notified that any dissemination,
distribution or copy of this communication is strictly prohibited. If you have received this
communication in error.please immediately notify us by telephone and retwn the original message
to us at the above address via the U.&Postal Service. That you.
OCT-02-02 WED 02:47 PM WELD COUNTY PUBLIC WKS7 FAX:9703046497 PAGE 3
DONALD Carroll Monies received Paget]
From: MONA WEIDENKELLER
To; Hempen, FRANK; Jerome,Jeff; Scheltinga, DREW
Date: 10/1/02 3A8PM
Subject: Monies received
FYI, $50,000 was received in September for the WCR 39 Energy Impact Grant-it was deposited Into our
revenue account 2000-90100-4340 by the Accounting Dept.
$176,000.00-received on September 25th for WCR 9.5(Zeke Partnership). It was deposited into our
revenue account.(2000-90100-4410)by the Accounting Dept. Claud said the check has cleared so we
can release any deeds, etc.
CC: Carroll, DONALD
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753
REQUEST FOR RELEASE OF DEED OF TRUST AND RELEASE
(WITHOUT PRODUCTION OF EVIDENCE OF DEBT PURSUANT TO§38-39-102(3.5),C.R.S.)
October 7, 2002 Date
Zeek Partnership Ltd Original Grantor(Borrower)
Board of County Commissioners, Weld Original Beneficiary
(Lender)
July 30, 1997 Date of Deed of Trust
August 15, 1997 Recording Date of
Deed of Trust
Weld County County of Recording
2563780 B-1621 P-572 of Recorded Deed of Trust
Reception No.and/or Film No. and/or Book No./Page Na
TO THE PUBLIC TRUSTEE OF
Weld County(The Public Trustee to whom the above Deed of Trust conveys the said property.)
PLEASE EXECUTE AND RECORD A RELEASE OF THE ABOVE-DESCRIBED DEED OF TRUST pursuant to§38-39-102(3.5),
C.R.S.In support of this Request for Release of Deed of Trust,the undersigned,as the owner of the evidence of debt secured by the above-
described Deed of Trust or the agent or attorney thereof,in lieu of the production or exhibition of the original evidence of debt with this
Request for Release,certifies as follows:
I. The purpose of the Deed of Trust has been fully satisfied.
2. The original evidence of debt is not being exhibited or produced herewith.
3. The owner of the evidence of debt agrees that it is obligated to indemnify the Public Trustee pursuant to§38-39-102(3.5)(a),C.R.S.for
any and all damages,costs,liabilities,and reasonable attorney fees incurred as a result of the action of the Public Trustee taken in
accordance with this Request for Release.
4. It is one of the entities described in§38-39-102(3.5)(b),C.R.S. 'a a
PAY P�je.•
Board of Count Commissioners Weld County, Colo %_,• ' •• • Ito,
Current Owner and Holder of the Indebtedness Secured by Deed of Trust(Lender) DONNA J
• J.
Name and Title of Agent or Officer of Current Owner and Holder • r
PO ox 758 915 10th Street Greeley, CO 80632 '• •.,•
cot.
c9
Address of Current Owner and Holder OF cot.
Signature M7 Cwuruidallu t ph Ap//14 lure
State of Colorado,County of Weld
The foregoing Request for Release was acknowledged before me on
October 7, 2002 (date)by Witness my hand and official seal
Glenn Vaad, Chariman, Board of
County Commissioners ,/�
-�t�b�/
Weld County, Colorado ,�7 utet �� /
Date Commission Expires /�' v Notary Public
RELEASE OF DEED OF TRUST
WHEREAS,the above referenced Grantor(s),by Deed of Trust,conveyed certain real property described in said Deed of Trust to the
Public Trustee of the County referenced above, in the State of Colorado, to be held in trust to secure the payment of the indebtedness
referred to therein;and
WHEREAS,the purpose of the Deed of Trust has been fully satisfied according to the written request of the current owner and holder
of the said indebtedness;
NOW THEREFORE,in consideration of the premises and the payment of the statutory sum,receipt of which is hereby acknowledged,
I,as the Public Trustee in the County first referenced above,do hereby remise,release and quitclaim unto the present owner or owners of
said real property,and unto the heirs,successors and assigns of such owner or owners forever,all the right,title and interest which I have
under and by virtue of the aforesaid Deed of Trust in the real estate described therein,to have and to hold the same,with all the privileges
and appurtenances thereunto belonging forever;and further I do hereby fully and absolutely release,cancel and forever discharge said Deed
of Trust.
WELD MARY HERGERT
State of Colorado,County of
Public Trustee
The foregoing instrument was acknowledged before me on ,f( �
OCT 0 t2� (date)by by
DONNA L SCHMIDT as the DeputyPubl` - •.
Depth Public Trustee of Witness my hand and official se.�=ad, P(.p.It
W Et D County,Colorado. S -• ••"
JUNE 13, 2005 Date Commission Expires
'1 � � i e 1 fi
000? I V ``(- t CANDI
'If applicable,insert title of agent or officer and name of current owner and holder. ! NotarnlWE
Nf 1•'GORE
1111 jezi
•Original Deed of Trust Returned to: t(,4J;•. �q t
t‘kFOFCT:4er
Received by ��
Hill VIII HI IIII 11111
IIIIII VIII III 11111
IIII IIII 9m(303)292-2500—wwwbradfordpublishing.com-10-00
2993753 10/07/2002 10:56A Weld County, CO
1 of 1 R 0.00 D 0.00 J.A. "Suki" Tsukamoto �,,
go
cam- `Deed jf`Trust `Public Trustee n
THIS DEED OF TRUST is a conveyance of real property to the Public Trustee of the County in which the property
described below is located. It has been signed and delivered by the"Debtor"to secure the"Indebtedness"owing to the
"Secured Party". The names and (acts pertinent to this security transaction are:
Debtor:
Name(s) Zeek Partnership , Ltd . , a Colorado Limited Partnership
Address(es) 14504 I-25 Frontage Road , Longmont , Colorado 80504
Marital Status N/A
Secured Party:
Name(s) Weld County Public Trustee
Address(es) 915 10th Street , Greeley, Colorado 80631
Indebtedness: •
Give the date, amount, and To secure an obligation for the total principal sum
maturityofnote(s); orthe of One Hundred Seventy Six Thousand and No/ 100
description of other ($176, 000. 00) Dollars .
form of indebtedness.
Real Property Description and Address: AA
Lot 8 , Block 1 , Amended Plat of Rademacher B s 1(01\8‘A)ral
P .U. D. �
0O 01 Ip .
Default Interest Rate: 0%
Tttis De d of Trust is given to s erg the bb i �tions
.Prior Encumbrances of any):o rah t)t r uisua t to the SubCaiv ciao/(Oflf-Fite
Improvements Agreement- (fu eliely maintained Roads) o£ the same date
which is incorporated herein by reference .
Conveyance Of Property Interest:For valuable consideration,the Debtor hereby conveys the real properlydescribed above("the Property")to the
Public Trustee of the County in which the Property is located,in trust for the benefit of the Secured Party.This conveyance includes,and the words"the Property"are
intended to embrace,all buildings on the Property.now or in the future;all water rights and rights to transport water,including any wells,pumps,and motors,and including
any such rights and property acquired or constructed in the future;all rents,royalties and other payments al tributable to the use or consumption of the property(subject to
the more specific provisions stated below);and all other appurtenances,including but not limited to fixtures,easements,and licenses.The Debtor hereby warrants title to
the Property,subject to the lien of the general property tax for the year of this Deed of Trust;easements,rights''f'woy,reservations,protective covenants,restrictions,
and mineral grants and looses--if arty of those property interests is shown of record;and any prior encumbrances specifically referred to above.
"Secured Party" Includes Subsequent Holders: All references in this Deed of Trust uo the"Secured Party"include not only tee person
or persons named above as Secured Party,but also any person or entity becoming the legal owner of the note(s)or other evidence of the Indebtedness after the date of this
Deed of Trust,as well as a holder of a certificate of purchase issued after a foreclosure sale.
Title In Trust:The Public Trustee is authorized and directed to hold the properly interest conveyed by t his Deed of Trust in trust for the benefit of the Secured
Party until the Indebtedness has been paid in lull or until the Debtor otherwise is entitled to have the Public Trustee's interest in the Property released.The Debtor shall
continue to have the full ltse and enjoyment of the Property(except as slated below under"Rents and lb wallies")ttnlest,and until a Receiver is appointed or unless the
rights of the Debtor in the Property are terminated by foreclosure.The Debtor hereby empowers the Public Trustee to sell the Property if there is a default with respect to
the Indebtedness or a violation of any of the covenants and obligations of this Deed of Trust.
Foreclosure And Sale:The Secured Party may initiate I he sale of the Property by making the demand and giving the not ices required by Colorado law.The
sale may be held pursuant ell her to a court foreclosute suit or to all administrative proceeding conducted by the Public Trustee. The sale shall be scheduled and
conducted,and notice of the sale and of the rights to uw c defaults and In redeem shall be given,all as provided by Colorado law.The sale shall be puble:and stall be held at
the front door of the Court House in the County in wttic h the Properly is located,or at such other lawluI place as provided by law.The Properly shall lie sold to the highest
bidder.The Secured Party may become a purchaser of the Property at the sale and may pay the price bid by relinquishing and canceling all or any part of the Indebtedness.
The Properly shall be sold in separate parcels or as one parcel,as the Public T rustee determines would be most advantageous.The Public Trustee shall issue all certificates
and a deed as authorized and required by Colorado law,The Public Trustee shall deal with the proceeds of the sale as provided by Colorado law,and no purchaser is
obligated to see to the application of those proceeds.The sale shall forever bar the Debtor from claiming any interest in the Properly,subject to all rights of redemption
provided by Colorado law.
Covenants By Debtor: In addition to the warranties of title made above,the Debtor covenants and agrees:
(a) to pay the Indebtedness v. „We form and requirements of the note(s)or other document evidencing the Indebtedness;
(b) to keep the Property in, mg
repair;to neither commit nor permit any act by which the value of the Property would be impaired;and to neither violate
nor permit the violation of any law ailecfttq the ae1 and maintenance of the Property;
(c) to pay all taxes and assessments feel%on tee Property within the times allowed by law;
(d) to keep all buildings on the Pr rty instned p4ainst loss by fire with extended coverage endorsements,such coverage to be provided by one or more companies
authorized to issue insurance in cgalclo and the amJunt of the coverage to be the maximum amount which the companies will insure the buildings for,although such
coverage need not lie greater tihau.sletiklince hl n tee l d es ' he Secured Party shill be ed as 11.231,41Ciary of all suds insurance pukes to the extent of his
interest and at the request of the Sec t larNth t aui',.t licies shall be held in his t x. ,iii tl j l,l ent of the Secured Party't would not be economically
feasible to use t lir insurance now eds to mpatr or lime the Property.the an,u proceeds shall I,,pplied as a,prepaynxtot,,f all or part of the bndchtedness,with oily
excess to be pail to the Debtor; no ge'lsd preAlYm¢nl shall alter Ibe schedule or 0111011111 of subsequent payments of the Indebtedness;
(e) to pay the Indebtedness,if any,secured by any prior encumbrance specifically referred to above,within the required times and in the required amounts;
(0 to reimburse the Secured Party for.n amounts whit the Secured Party advances on behalf oft he Debtor io payment of taxes,assessments,insu rance premiums,
and amounts due on prior anrumbranres.and b,tray ini,:u:st on I he amount advanced at the Default Rimiest Rote noted alx,ve,and the maximum lawful rat'.,if less than
the"Default Interest Rate";the Debtor hereby ail horizes the Secured Party to pay on behalf of the Debtor.111.011000 s which are necessary or appropriate to cure any
default by the Debtor with respect to taxes,assessments,insurance premiums,and payments on prior encumbrances,and all amounts so paid shall be considered
additions to the Indebtedness and shall be secured by this Deed of Trust.
(g) if a foreclosure proceeding is commenced,to pay all of the casts of that proceeding including Public Trustee's lees,publication costs,and attorney's fees and to
reimburse the Debtor for any of those items paid by the Debtor together with interest at the Default loterest Rate,or at the maximum lawful rate,if less than the"Default
Interest Rate";
(h) to surrender possesskhn peaceably at such time as the Debtor's right of possession of the Property terminates.
2563780 B-1621 P-572 08/15/1997 03:12P PG 1 OF 2 REC DOC I NO.J01
Weld County CO JA Suki Tsukamoto Clerk & Recorder 0.00
3
•
Waiver Of Homestead:The Debtor hereby fully and absolutely waives and releases the right to claim the Properly as a homestead exemption and the
IDebtor relinquishes the benefits of any Colorado law which would cause the Properly to be exempt from the claims of the Seri red Party.This paragraph is made for the
benefit only of I he Secured Party and may not be relied to m by any other person.
Possession And Receivership: In case the Debtor defaults with respect to t he Indebtedness or wills respect to any of the COW/MOUS of this Deed of
Trust,the Secured Party shall at once become entitled to the possession,use and enjoyment of the Property and to the appointment of a Receiver for the Propertyandof
the rents,issues and profits from the Properly;the Secured Party shall be so entitled as a matter of right without regard to the solvency or insolvency of the Debtor and
without regard to the value of the Property and its adequacy as security for the Indebtedness.The Receiver may be appointed by acourt of competent jurisdiction upon ex
pale application and without notice notice being expressly waived-and all rents,issues,profits,income,and revenue from the Property shall be applied by the Receiver.
subject to any orders and directions of the court,to the reimbursement of expenses and advances,the payment of past due interest,the payment of past due principal,and
as prepayment of the Indebtedness,in that order;no such prepayment shall alter the schedule or amount of subsequent payments of the Indebtedness.
Rents And Royalties: If the Secured Party exercises his right to accelerate the entire balance of the Indebtedness(see next paragraph)then the Secured
Party from that time shall be entitled to receive all rents and royalties from the Property,whether or not a Receiver shall have been appointed.By signing and delivering this
Deed of Trust,the Debtor assigns those rents and royalties to the Secured Party,effective as of the time of any acceleration of the Indebtedness,and authorizes the
Secured Party to receive the rents and royalties directly from the person obligated for their payment.Any rents or royalties received by the Secured Party shall be applied to
the reimbursement of expenses and advances,the payment of past due interest,the payment of past due principal,and as prepayment of the Indebtedness,in that order;no
such prepayment shall alter the schedule or amount of subsequent payments of the Indebtedness.
Acceleration:If the Debtor defaults with respect to any installments of interest or principal on the note(s)or other document evidencing the Indebtedness,or if
the Debtor defaults with respect to any of the covenants of this Deed of Trust,then the entire balance of the Indebtedness shall,at the option of the Secured Party,become
due and payable at once.This paragraph is subject to any provision of Colorado law authorizing the curing of a default prior In foreclosure sale.
Condemnation: If all or any part of the Property is taken or damaged by governmental condemnation(including any conveyance in lieu of condemnation)all
amounts paid to the Debtor for the taking or as damages shall be disposed of according to this paragraph.By signing and delivering this Deed of Trust,the Debtor hereby
assigns to the Secured Party all amounts paid for any taking or damages.All amounts paid shall be used either to restore the property or to prepay the Indebtedness,as the
Secured Party and t he Debtor mutually agree.Absent an agreement,the amounts paid shanty used to restore the Property if that is economically feasible in thejudgment
of the Debtor,and any amounts not used for t hat purpose shall be applied as a prepayment of all or a part of the Indebtedness,with any excess to be paid to the Debtor;no
partial prepayment shall alter the schedule or amount of subsequent payments of the Indebtedness.
Other Persons Bound: If any person other than the Debtor acquires an ownership interest in the Properly at any time in the future,whether or not that
person expressly assumes the obligation to pay part or all of the Indebtedness,that person shall be bound by all of the covenants and obligations of this Deed of Trust to the
same extent as the Debtor,and any reference to the"Debtor"includes that person.If I heSecured Party extends the time of payment of t he Indebtedness or agrees to alter
the amounts or schedule of any installment payment of the Indebtedness,that will not release the original Debtor or any intervening Debtor from obligation on the
Indebtedness or from the obligation arising by reason of prior express assumption of the Indebtedness,
Miscellaneous Provisions: The following miscellaneous provisions shall apply:
(al any toiebearance by the Secured('arty in exercising any right or remedy shall not affect the rights of the Secured Party with respect to subsequent defaults or
violations;
Ibl all remedies provided by this Deed of'Foist are distinct and cumulative to any other right or remedy,•it her under l his Deed of Trust oravailable byanynther law or
statute,and all such remedies may bee cised concurrently,indelwnden l ly,or successively;
(c) if more than one person has signed as"Debtor,"they are jointly and severally obligated;
(d) in the event I hat any provision or clause of this Deed of Trust is in conflict with applicable law,the conflict shall nol:ffect other provisions of this Deed of Trust which
can be given effect without the conflicting provision;
(el the provisions of this Deed of Trust shall be deemed to be automatically amended or partially repealed by any Colorado statute or rule of court,now existing or
adopter)after the(Wool INS Deed of Told,which provides rules,,equirements.and limitations different from or in aaddit ion to the corresponding provisions of this Deed nl
Trust; •
Ift I he Debt ur will the entitled to rec ewe l rnnh t he Public Trustee an ins!ru ment of release when the Indebtedness is fully paid,and the Debtor shall be responsible for the
Public Trustee's lees and the recording costs with respect to the release:
(g) if l he Debtor and the Secured Party have agreed to additional terms and conditions respecting t his security transaction,including as an example an agreement to
establish a fund to be used to pay taxes and insurance premiums,then any such supplemental'agreement if in writing,signed and notarized,shalt be given effect and if any of
its provisions conflict with this Deed of Trust the provisions of the supplemental agreement shall control;if this Deed of Trust has been recorded,the supplemental
agreement,to be effective,also must be recorded;
Ihl words in this Deed of Trust denoting the singular shall be read as denoting the plural,and masculine pronouns shall be read as feminine or neuter pronouns,if the
circumstances require it.
•
In witness whereof, Debtor has executed this eed of Trust on July .3Q , 1997
Zeek CO/t�titirshi , d .
By eta A. itLY ms n oral Partner , Debtor
Y
Connie . Wi iamson, ener�ner , Debtor
STATE OF COLORADO f ss.
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this •-,fl day of July , 19 97
by Kenneth A. Williamson and Connie S . Williamson.
WITNESS my hand and official seal.
My commission expires: ( ace
,LthAa ,A i to
• Notary Public
00000000
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2563780 B-1621 P-572 08/15/1997 03:12P PG 2 OF 2
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CLERK TO THE BOARD
PHONE (970) 336-7215
FM: (970) 352-0242
CPO BOX 632
8
O GREELEY, COLORADO 80632
•
COLORADO
October 11, 2002
John G. Canny, Attorney at Law
3560 Evergreen Parkway, Suite 204
Evergreen, Colorado 80439
RE: Zeek Partnership, LLLP, Release of Collateral
Dear Mr. Canny:
Enclosed please find the original Release of Deed of Trust and Deed of Trust, which has been
processed by the Weld County Public Trustee, and Recorded by the Clerk and Recorder; and I
have sent a copy of these documents to Jeanette Snow at the Weld County Title Company. I
apologize for any inconvenience our delay in processing this paperwork may have caused you,
it simply takes awhile to work through the bureaucratic process. Also enclosed is a copy of the
Resolution of the Board of County Commissioners action, which authorizes the release of the
Escrow Account. Your client should be able to use a copy of this Resolution to obtain release of
the account at Norwest Bank.
As stated in the Resolution, Zeek Partnership, LLLP, is released from all obligations relating to
the performance of the Off-Site Improvements Agreement.
If you have questions or need additional information, please do not hesitate to contact me at
(970) 336-7215, Extension 421.
7,cy truly yours,
Carol A. Harding
Office Manager Coordinator
Enclosures
U.S. Postal Service
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SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVE'•y
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2. Article Number(Copy from service label)
9()Cr ('75'O Det25 Oc/0.3 hgci,
PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952
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