HomeMy WebLinkAbout20051025 RESOLUTION
RE: APPROVE REQUEST FOR RELEASE OF DEED OF TRUST AND RELEASE WITH
SYKES REALTY, INC., AND AUTHORIZE CHAIR TO SIGN
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,the Board has been presented with a Request for Release of Deed of Trust and
Release,to release a part of Tract"B"Weld County Business Park Planned Unit Development, a
subdivision within the City of Greeley, County of Weld, State of Colorado, being further described
as part of Section 31,Township 6 North, Range 65 West of the 6th P.M.,executed August 11,2004,
by the Sykes Realty, Inc., in favor of the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and
WHEREAS,a hearing before the Board was held on the 23rd day of March,2005,at which
time the Board deemed it advisable to continue said matter to April 6, 2005; however, the matter
was presented for review on March 28, 2005 at 9:00 a.m., and
WHEREAS,after review,the Board deems it advisable to approve said request, a copy of
which is attached hereto and incorporated herein by reference.
NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Request for Release of Deed of Trust and Release to the County of
Weld, State of Colorado,by and through the Board of County Commissioners of Weld County,from
Sykes Realty, Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is,authorized to
sign said Request for Release of Deed of Trust and Release.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 28th day of March, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
William H. J e, Chair
iii Clerk to the Board
kr
W-O Z2ZY/
- ?f a% M. J. eil , P eem
q ., , BY:-
Dep y Clerk to the Board EXCUSED
DaveAPP AST •
Robert D. Masden
unty Attorney EXCUSED
Glenn Vaad
Date of signature:
2005-1025
PR0027
resa
TO: Board of County Commissioners
FROM: Bruce T. Barker, Weld County Attorney
IDATE: March 21, 2005
RE: Request for Release of Deed of Trust from Sykes Realty,
COLORADO Inc.
On August 11, 1994, Sykes Realty, Inc. ("Sykes"), signed a Promissory Note and Deed of Trust
for the benefit of the Board of County Commissioners of Weld County for property located in the
Weld County North Business Park. A copy of the promissory Note and the Deed of Trust are
attached. Under the terms of the Promissory Note, Sykes was required to keep the property to
and until August 10, 2004. It did so, and is now asking that the Promissory Note be released by
the Board. The original Request for Release of Deed of Trust and Release is attached. I
recommend approval and the authorization of the Chairman's signature.
Please feel free to let me know if you have any questigns regarding this M "um.
ce T. Barker
Weld County Attorney
Attach.
pc: Don Warden
2005-1025
•
76.8 REQUEST FOR RELEASE OF DEED OF TRUST AND RELEASE
March 21, 2005 Date IIIIIII VIII VIII IIIIIII III VIII IIIIIII III VIII IIII IIII
Sykes Realty. Inc.,a Florida Corporation Original Grantor
(Borrower) 3272768 03/30/2005 12:37P Weld County, CO
Weld County, Colorado Original Beneficiary 1 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
(Lender)
August 11 1994 Date of Deed of Trust
August 11., 1994 Recording Date of
County of Recording
Weld County,Colorado Deed of Trust
2402083 Reception and/or Film Nos. of recorded
Reception No. Film No. Deed of Trust
1454 1010 Book and Page of Deed of Trust
Book No. Page No.
TO THE PUBLIC TRUSTEE OF
Weld County(The Public Trustee to which the above Deed of Trust conveys the said property.)
Please execute this release,as the indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose
of the Deed of Trust has been fully satisfied.
County of Weld, a political subdivision of the State of Colorado,by and through the Board of County Commissioners of Weld County
Current Owner and Holder of the Indebtedness Secured by Deed of Trust(Lender)
est:
bl
William H. Jerke, Chairman PRY, /Q 't Cler o ` * �fylf
State of Colorado, County of Weld By . h.• �"
i SHARON Deputy Clerk t.� t• = �:o r'�� •
KAHL " `
The forennino reoueet fnr rrlrase was acknowledged bef e nit on
March 28, 2005 ( > 'V* •:•p�� % ( I r\
William H. Jerke, Chairman, Board of County Commissio ref••,, ..�.:' Witness My Han. �'il.nipsi
the County of Weld Q OF COQ>,� � 1
MyCe„•,•.):,,,;en Expires .. �/( x
Notary Public
Date Commission Expires
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 indebtedness secured by the Deed of Trust has been fully or partially paid and/or the purpose of the Deed of
Trust has been fully satisfied as set forth in 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,and more
particularly described as follows:
See the attached Exhibit"A."
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.
Public Trustee
State of Colorado, County of Weld By ( I
eputy Public ru
The foregoing instrument was acknowledged before me on •
MAR 3 'Q20U5 W •
G ism Witness My Hand and Seal
CANDI (date)by
Deputy as the
Public Trustee of Weld County, Colorado. Mary Hergert , NOTARIZATION IS
Public Trustee NOT REQUIRED Notary Public
Date Commission Expires
* If applicable, insert title of agent or officer and name of current owner and holder.
Original Note and Deed of Trust Returned to: Sykes Realty,Inc.,a Florida Corporation,545 Sanctuary Drive, Unit B-404,Long Boat Key,FL 34229.
Received by
Name and Address of Person Creating Newly Created Legal Description(§38-35-106.5,C.R.S)
.t \ d—Lah \--1-v Ic"Vccac- )
O.Yj 43"c' 7�
%) 15 1e -c S aaz <f.a)-e 1t!y CL
S-/O�?S
111111111111111111111111 III 111111111111 III 11111 IIII IIII
3272768 03/30/2005 12:37P Weld County, CO
2 of 2 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
OFFICE BUILDING
PARCEL 3
WELD COUNTY BUSINESS PARK
REVISED LEGAL DESCRIPTION
A part of Tract "B" , Weld County Business Park P.U.D. , a
subdivision within the city of Greeley, county of Weld, state of
Colorado; more particularly described as follows:
Commencing at the Northeast Corner of Section 31, Township 6
North, Range 65 West. of the 6th Principal Meridian, and
considering the North line of the Northeast Quarter (NE1/4) to
bear North 89° 34 ' 29" West to the North Quarter Corner of said
Section 31, with all bearings contained herein being relative
thereto; thence North 89° 34 ' 39" West along the North line of
the Northeast Quarter (NE1/4) a distance of 585. 00 feet; thence
South 00°25' 21" West, a distance of 50. 00 feet to the South
right-of-way line of "O" Street, the Northeast Corner of Parcel
3 , and the True Point of Beginning;
Thence South 00° 25' 21" West a distance of 245. 20 feet to a
point on a curve to the right having a radius of 395. 00 feet, a
central angle of 46° 39' 03" , an arc distance of 321. 61 feet, the
long chord of which bears South 23° 44' 52" West a distance of
312 . 80 feet; thence South 47° 04 ' 24" West, a distance of 19 . 03
feet; thence North 89° 34' 39" West, a distance of 332 .31 feet;
thence North 00° 25' 21" East, a distance of 545 . 50 feet to a
point on the South right-of-way line of "O" Street; thence along
said South right-of-way line South 89° 34 ' 39" East a distance of
470. 00 feet to the True Point of Beginning.
Said parcel of land contains 5 . 594 acres, more or less, and is
subject to any rights-of-way or other easements as granted or
reserved by instruments of record or as now existing on said
parcel of land.
Legal Description prepared by:
•
Mic ael C. Ketterling, E
July 5, 1994
KLH Engineering, Inc.
822 7th Street, Suite 5
Greeley, Colorado 80631
EXHIBIT "A"
03/16/06 10:66 Pa 3631906
._ _ __._ __ _. IIRiD COUNTY Ci.ERH A$8C W002
AaaeD2DaD PROMISSORY NOTE WITH PROVISION FOR FORGIVENESS
$121,837.00 Greeley, Colorado
August 11, 1994
The undersigned, SYKES REALTY, INC., A FLORIDA CORPORATION,
hereinafter referred to as "Maker", hereby promises to pay to the
order of the County of weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, Colorado, the sum of
$121,837.00, to be repaid without interest in ten equal annual
installments, due and payable commencing ono year from the making
of this Note and continuing each year thereafter until full and
final payment is made. The annual payments will be excused if, and
only if, on each of the anniversary dates the Maker is the legal
and equitable owner of the real estate which is described in the
attached "Exhibit A." The principal balance shall be reduced by the
amount of any excused payment. Notwithstanding the foregoing
provision, if said real estate is the subject of a "prohibited"
transfer at any time before August 10, 2004, the entire balance of
this Note shall become due and payable immediately.
For purposes of this Note, a "prohibited" transfer includes the
sale thereof. A "prohibited" transfer does not include,
1. The creation of a lien or incumbrance subordinate to the
Deed of Trust securing this Note;
2. The transfer of title by devise or descent, or to Maker's
apparent heirs, or to a corporation controlled by Maker or his
apparent heirs, or by operation of law upon the death of a joint
tenant; or
3. A sale or other transfer to which the Board of County
Commissioners of Weld County, Colorado, consents in writing.
Notwithstanding any other provision of this paragraph, the Board of
County Commissioners of weld County, Colorado, shall have no right
to declare a default if the County of Weld, State of Colorado, and
the transferee mutually agree in writing to the assumption of the
indebtedness by the transferee.
This Note shall be subordinate to the Dead of Trust and Promissory
Note for a first mortgage on said real estate which shall not
exceed 80 percent of market value.
Maker acknowledges that the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County,
Colorado, has transferred to it the ownership of said real estate,
with current market value as of the date of the signing of this
Note in the amount shown above, for the purpose of the development
of a business located on maid real estate, and a condition for
forgiveness of this Note is that the undersigned continues to own
1
2402080 B-14m4 P-1007 0$/11/94 04:40P PG 1 OF 3 REC D0C
Mary Jim Peuerstein Weld Co., Clerk a Recorder 0.00
03/15/06 10:66 FAX 7661904 FELD COUNTY CLERK & RFC 003
said real estate for at least ten years from the date of the Note.
The undersigned further acknowledges that the purpose of this Note
and the accompanying Deed of Trust is to secure and assure
compliance with that condition. The undersigned further
acknowledges that the transfer of said real estate to it
constitutes sufficient and adequate consideration for this Note.
The indebtedness evidenced by this Note is secured by a Deed of
Trust, dated August 11, 1994 end, until released, said Deed of
Trust contains additional rights of the noteholder.
Atkset
A ant• Corps ro4 e. 'sits-no-14044 .7 • SYKES, P ident
0 REALTY, A FLORIDA
CO RATION
SUBSCRIBED AND SWORN to before me this // day of
19 `•
W SS my hand and official seal.
J1, e/
Na'LEry ,44, —
• fsit •':iaeion expires: �•,:.
.'' '!...
71.nr
PWIl•93>
2
2402080 B-1454 P-1007 08/11/94 04:40P N 2 OF 3
03/16/06 10:66 FAX 3691964 WELD COUNTY CLERK & REC 0004
OFFICE BUILDING
PARCEL 3
WELD COUNTY BUSINESS PARR
REVISED LEGAL DESCRIPTION
A part of Tract "B", Weld County Business Park P.U.D., a
subdivision within the city of Greeley, county of Weld, state of
Colorado; more particularly described as follows:
Commencing at the Northeast corner of section 31, Township 6
North, Range 65 West. of the 6th Principal Meridian, and
considering the North line of the Northeast Quarter (NE1/4) to
bear North 89° 34' 29" West to the North Quarter Corner of said
section 31, with all bearings contained herein being relative
thereto; thence North 89° 34' 39" West along the North line of
the Northeast Quarter (NE1/4) a distance of 585.00 feet; thence
South 00°25' 21" West, a distance of 50.00 feet to the South
right-of-way line of "0" Street, the Northeast Corner of Parcel
3, and the True Point of Beginning;
Thence South 00° 25' 21" West a distance of 245.20 feet to a
point on a curve to the right having a radius of 395.00 feet, a
central angle of 46° 39' 03", an arc distance of 321.61 feet, the
long chord of which bears South 23° 44' 52" West a distance of
312.80 feet; thence South 47° 04' 24" West, a distance of 19.03
feet; thence North 896 34' 39" West, a distance of 332.31 feet;
thence North 00° 25' 21" East, a distance of 545.50 feet to a
point on the south right-of-way line of "0" Street; thence along
said South right-of-way line South 89. 34' 39" East a distance of
470.00 fent to the True Point of Beginning.
Said parcel of land contains 5.594 acres, more or less, and is
subject to any rights-of-way or other easements as granted or
reserved by instruments of record or as now existing On Said
parcel of land.
Legal
t'_DDeosscription prepared by:
cr
N/icBael C. Ketterlingg,,4E
July 5, 1994
ELM Engineering, Inc.
822 7th street, Suite 5
Greeley, Colorado 80631
EXEIBIT "A"
2402080 B-1454 P-1007 08/11/94 04;40P PG 3 OP 3
03/15/05 10:68 FAX 3531984 WELD COUNTY CLERK ► EEC X008
t o'C1oCK II.,
AR2YU2063 Ao.
DEED OF TRUST
We MD P Ma Oast semen II, ins,between an.POW as..a=Aim a5pwaas.W twat Wale. !ewe
Woes es era.amt sort'r la,Oat A-ed, nee•beat WI. Wei n watt, ad a PM=WSW et W toad a Wald.
in Da Date of delat+ao.
wftwee at
The samba, to hem a prwi•e•,.tee toed Mprn 11, 1994, fora natal psimtl.l as of 6131.437.00 POWs to the
eater at a Canty of tae. abm 5t esleao, by m tiao.#la Dam at ateatY aafaSSma.at■•e tame', tha
retlat.at and W Ws t to thhe e pt iS�x.oN�eCalmatena tor r -1. attar die We tbeteef.Vit•so Waren
.et tea to Did µaadaeo y some dorm
oDe wawa bey or as acorn ban oald Della Da.etaa t. feladee wedad qty, .law it to woof a Wald.tub
of Calends, to wits
All of eta nal property t s1W in ten attached'Waft A?
m 55R m MSC the.era together with 511 its aspora••a•'r la fiat WRteleY, that la=w at Dfalt is tap
peyat of .w va a a part Dna.or la w pedant at any er ton peen S.mreeevb set Intl 1n WA
w e a•taWeaDat eat Loeb, 1550 as.r beneficiary Item habit) alai bete at aatsa.and drd fOr sail.
sea Delia Tsete, after adeati.ly Wiese at paid Ws wely, ter on e=pan Lea weber in we ewepper of
pmmsl Dominica la Dam ammo.Shall Wl laid pesp•rty m a taw ae'fem W le r in eater at the We of
filing aai4•tie and daa.e., at Wile meta few beat, at ai Duet piste d..igeatm la the oetle of eels. eat of
tA.prosess of ease We pall Wane e.11 twain a PD Wet all tee, Doges rod costa and all lebeya adrai•ad ler
manor Wanape aW=a..aeta, or an any ode 5aoWwae.with Mart tbaar ape p0 fbe seat an w Wes -
veto nedaDD the a as alas at zaleptlast, Dos Dow.
*.pp deal fto tam ptltaar awl to the proparti eald lr swan poet•=maid Runnel oa i
tar bat team1 at as eels.
Da pet=Dwa..ate that at the tine of i11n.y of these Fame..be is maiasi of aid papery is Its WAD. I
..d that wid popsrty a We of meaboeles, neap the pWsway DU.ad tend at Iimt tooth•Urge=WPM es I
maid p•aap'wash all not erred peed pr met (al of the mist W oWlaid =Ilaid property. nch Ow
n staid rodele a
Wall be sat9n tab.to tam tdo sail bate[.Taut
heat ewfprm.my
]raeboa0aa Ls tie m tam a twee het m Taec shell be tabeblbats t55ratr
SD groan=5155 ermata bet be rill beep all beadle.Ware with.easpi aprons by She Warlolaty Is
fib r weeded wawa In m teat egml to the DWI balsa or We err vita la Diablo to the baeflatery,
DU ilaa.ail at me ploy to Na eesdrasy, are will pay all tae as easiest¥ said Repot,ad
sae 4m m pain[eaeAamow it grata shall fail to pay Wawa pa,roe. a imte ela a Prem
tom of Co.r the be etleiae ay pay the we as all i. .ay ease beamed el the matleagr.
arm of Lm5t]eepa, Res Weep r.. Pal all za..easla
s=ee the leeliaew SreWer be M•party to any awlw eKmtsy tall mad at tract a the tttbe to WA
Dry,cue pant=weir that all coat Dena and•tamable eraser•w pate by w b oafimey all bees'
additional seeMetea a haaads. W ate water dam beeWT Were.s mate•all alai= it eall poperty ae.
peened mitiee a Wee are ptlm eD s bereater psfde by las.
It la awed that la owe of shade to y.pw.n of pest pesipri a,meet or•week s aq et the anything la
a ee.ets
basil. the raid meet Weep waxed my at Ws aptae of the beetadasy bees dm t`p41n=e to theale at ow,
aemtiel•ea.
W t mu te a s mats.rmitbltaodo W paale at weld rawly will raneeaaa
ant alma to deliver ens peaeela tan bafioaaty...,a be Clad to•Laai+w at Did patty.Do ter b
yD•iem ay ey tat a amperes IafWleti.
sewn ee lama tee slower number.nal 5m1od5 tan pits, the plwal to.ie.ls, mar the a of an
master whell b gpleable to el ganders. Al of the nab Wain all 55 hieiat a••ten reapeliwe Sn,
pa.n•l repeasmtime. aaae5.aa5, S.W.ela.et the patties bteto.
a}em Da day as yeas C Dov
e ve written.
A
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men wca. ti•Ct't
mown rhea" '17% •.
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taei , .> era.,n tam 995
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2402063 3-1454 P-1010 08/11/94 04143P PO 1 OF 2 0.00
Mary Item Peuerstain Weld Co., Clerk &Recorder
03/15/05 10:57 FAT 3531964 WELD COUNTY CURES REC X006
OFFICE BUILDING
PARCEL 3
WELD COUNTY BUSINESS PARK
REVISED LEGAL DESCRIPTION
A part of Tract "B" Weld County Business Park P.U.D., a
Colood as follows:
llws:nty of Weld, state Of
Colorado; more particularly describe
North, Range 65the Northeast 3
commencin at West. of the 6th Principal Meridian,i Township 6
and
considering the North line of the Northeast Quarter (NE1/4) to
bear North 89. 34' 29" West to the North Quarter Corner of said
Section 31, with all bearings contained herein being relative
thereto; thence North 89. 34' 39" West along the North line of
the Northeast Quarter (NE1/4) a distance of 585.00 feet; thence
South 00°25' 21" West, a distance of 50.00 fest to the South
right-of-Way line of "0" Street, the Northeast Corner of Parcel
3, and the True Point of Beginning;
Thence South 00. 25' 21" West a distance of 245.20 feet to a
centralointn a curve to the
angle of 46° 3 right having
9' 03", an arc distance of 321.61 feet, the
long chord of which bears South 23. 44' 52" West a distance of
312.80 feet; thence of 19.03
feet; thence North 89x"0th 34 4 04' wdistance
' 39" West, adistance of3 .31 feet;
thence North 00° 25' 21" East, a distance of 545.50 feet to a
point on the South right-of-way lino of "0" Street; thence along
said South right-of-way line south 89° 34' 39" East a distance of
470.00 feat to the True Point of Beginning.
Said parcel of land contains 5.594 acres, more or less, and is
subject to
instruments rights-of-way or
or other
as now existing on
or
ny ontsid
parcel of land.
Legal Description prepared by:
xicllasl C. Kettetling, E
July 5, 1994
EIi[ Engineering, Inc.
822 7th Street, Suite 5
Greeley, Colorado 80631
EARSIT "A"
2402083 8-1454 P-1010 08/11/94 04:43P PG 2 OF 2
' CANCELLED
AR2402D8D PROMISSORY NOTE WITH PROVISION FOR FORGIVENESS MAR 3 0
2002
$121,837 . 00 Greeley, �vW4tTI1 ERT
August kilauc1 ' &EE
WELD COUNTY, COLORADO
The undersigned, SYKES REALTY, INC. , A FLORIDA CORPORATION,
hereinafter referred to as "Maker" , hereby promises to pay to the
order of the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, Colorado, the sum of
$121,837 . 00, to be repaid without interest in ten equal annual
installments, due and payable commencing one year from the making
of this Note and continuing each year thereafter until full and
final payment is made. The annual payments will be excused if, and
only if, on each of the anniversary dates the Maker is the legal
and equitable owner of the real estate which is described in the •
attached "Exhibit A. " The principal balance shall be reduced by the
N amount of any excused payment. Notwithstanding the foregoing
provision, if said real estate is the subject of a "prohibited"
transfer at any time before August 10, 2004, the entialance of
k-t\
' S this Note shall become due and payable\-1 ediate
For purposes of this Note, a " r ibited" r tfer includes the T
1, -A sale thereof . A "prohibite " it DSIer di s\ribt include:
�\ d
1 . The creatio oqf�ien incu ranee subordinate to the
i . D Deed of Trust secu i jg/this Nq# • ` cr
PP `\`
')� 2 . Th sfer qf t-*le by devise or descent, or to Maker's r,,
' apparent,'he or (( ova `corporation controlled by Maker or his rt
a- apparent -heirs, or .bl'y operation of law upon the death of a joint '-
tenant; or c
%? 7✓,-
5 3 . A sale or other transfer to which the Board of County c
PCommissioners of Weld County, Colorado, consents in writing. _ q,
r,\, Notwithstanding any other provision of this paragraph, the Board of
County Commissioners of Weld County, Colorado, shall have no right �-E
7t to declare a default if the County of Weld, State of Colorado, and
the transferee mutually agree in writing to the assumption of the -I-
indebtedness by the transferee. d
This Note shall be subordinate to the Deed of Trust and Promissory
Note for a first mortgage on said real estate which shall not
exceed 80 percent of market value.
Maker acknowledges that the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County,
Colorado, has transferred to it the ownership of said real estate,
with current market value as of the date of the signing of this
Note in the amount shown above, for the purpose of the development
of a business located on said real estate, and a condition for
forgiveness of this Note is that the undersigned continues to own
1
2402080 8-1454 P-1007 08/11/94 04:40P PG 1 OF 3 REC DOC
Mary Ann Feuerstein Weld Co. , Clerk & Recorder 0.00
said real estate for at least ten years from the date of the Note.
The undersigned further acknowledges that the purpose of this Note
and the accompanying Deed of Trust is to secure and assure
compliance with that condition. The undersigned further
acknowledges that the transfer of said real estate to it
constitutes sufficient and adequate consideration for this Note.
The indebtedness evidenced by this Note is secured by a Deed of
Trust, dated August 11, 1994 and, until released, said Deed of
Trust contains additional rights of the noteholder.
It .
et:Asst. Corporwc_ Srz.r.e. JO N . SYKES, Pr ident
SY', E REALTY, C. , A FLORIDA
CO RATION
SUBSCRIBED AND SWORN to9�before me this 7/ day of
, 19
W NESS my hand and official seal .
eeal
No ry Pu i ft
•N: Pu .imission expires: h°y`
e OF
pneykes.gjb
2
2402080 B-1454 P-1007 08/11/94 04:40P PG 2 OF 3
OFFICE BUILDING
PARCEL 3
WELD COUNTY BUSINESS PARK
REVISED LEGAL DESCRIPTION
A part of Tract "B" , Weld County Business Park P.U.D. , a
subdivision within the city of Greeley, county of Weld, state of
Colorado; more particularly described as follows:
Commencing at the Northeast Corner of Section 31, Township 6
North, Range 65 West. of the 6th Principal Meridian, and
considering the North line of the Northeast Quarter (NE1/4) to
bear North 89° 34' 29" West to the North Quarter Corner of said
Section 31, with all bearings contained herein being relative
thereto; thence North 89° 34' 39" West along the North line of
the Northeast Quarter (NE1/4) a distance of 585. 00 feet; thence
South 00°25' 21" West, a distance of 50. 00 feet to the South
right-of-way line of "0" Street, the Northeast Corner of Parcel
3, and the True Point of Beginning;
Thence South 00° 25' 21" West a distance of 245. 20 feet to a
point on a curve to the right having a radius of 395. 00 feet, a
central angle of 46° 39' 03" , an arc distance of 321.61 feet, the
long chord of which bears South 23° 44 ' 52" West a distance of
312 .80 feet; thence South 47° 04' 24" West, a distance of 19. 03
feet; thence North 89° 34 ' 39" West, a distance of 332. 31 feet;
thence North 00° 25' 21" East, a distance of 545. 50 feet to a
point on the South right-of-way line of "0" Street; thence along
said South right-of-way line South 89° 34' 39" East a distance of
470. 00 feet to the True Point of Beginning.
Said parcel of land contains 5. 594 acres, more or less, and is
subject to any rights-of-way or other easements as granted or
reserved by instruments of record or as now existing on said
parcel of land.
Legal Description prepared by:
Mic ael C. Ketterling, E
July 5, 1994
KLH Engineering, Inc.
822 7th Street, Suite 5
Greeley, Colorado 80631
EXHIBIT "A"
2402080 B-1454 P-1007 08/11/94 04:40P PG 3 OF 3
t o'clock M. , CANCELLED
AR24U2U&3 go.
MAR 3 n 2042
DEED OF TRUST MARY HERGERT
PUBLIC TRUSTEE
THis DEED OF TRUST, dated August 11, 1994, between SYKES REALTY, INC., A FLORIDA CORPORATIOMISCOWItnrieuga
address is 545 Sanctuary Drive, Unit B-404, Long Boat Key, Florida 34228, and the PUBLIC TRUSTEE of the County of W d,
in the State of Colorado.
Witneeseth:
The grantor, to secure a promissory note dated August 11, 1994, for the total principal sum of $121,837.00 yable to the
order of the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld unty, the
beneficiary herein, whose address is 915 Tenth Street, Greeley, Colorado 80631, after the date thereof, th no interest
due thereon and subject to the provisions and conditions for forgiveness as set forth in said promisee note, does
hereby grant and convey unto said Public Trustee the following described property, situate in the Co ty of Weld, State
of Colorado, to wit:
All of the real property described in the attached "Exhibit A."
TO HAVE AND TO HOLD the same together with all its appurtenances, in trust neverthele , that in case of default in the
payment of said note or any part thereof, or in the performance of any of the promis and covenants net forth in said
note or as hereinafter set forth, then upon the beneficiary (note holder) filing n ice of election and demand for sale,
said Public Trustee, after advertising notice of said sale weekly, for not less an four weeks, in some newspaper of
general circulation in said County, shall sell said property in the manner prov ded by law in effect at the time of
filing said notice and demand, at public auction for cash, at any proper plan designated in the notice of sale. Out of
the proceeds of said sale said Trustee shall retain or pay first all fees, argee and costs and all moneys advanced for
taxes, insurance and assessments, or on any prior encumbrance, with inter t thereon, and pay the amount due on said
note, rendering the overplus (if any) unto the grantor; and after the e iration of the time of redemption, said Trustee
shall execute and deliver to the purchaser a deed to the property Bold The beneficiary may purchase said property or
any part thereof at such sale.
The grantor covenants that at the time of delivery of these resents, he is seized of said property in fee simple,
and that said property is free of encumbrances, except the pr ssory note and deed of trust securing a first mortgage on
said property which shall not exceed eighty per cent (80%) of he market value of said property. Such first mortgage
shall be recorded subsequent to the date hereof. Such firs mortgage may be satisfied and a new or replacement recorded
indebtedness from time to time and this Deed of Trust sha be subordinate thereto.
The grantor also covenants that he will keep all ildings insured with a company approved by the beneficiary for
fire and extended coverage in an amount equal to the npaid balance of said note with loss payable to the beneficiary,
will deliver a copy of the policy to the beneficia , and will pay all taxes and assessments against said property and
amounts due on prior encumbrances. If grantor e 1 fail to pay insurance premiums, taxes, or amounts due on prior
encumbrance, the beneficiary may pay the same a all amounts shall become additional indebtedness due hereunder, and in
case of foreclosure, the grantor will pay all easonable attorney's fees incurred by the beneficiary.
T
Should the beneficiary hereunder be e a party to any action affecting this deed of trust or the title to said
property, the grantor agrees that all co t costs and a reasonable attorney's fee paid by the beneficiary shall become
additional indebtedness due hereunder, nd the grantor does hereby release and waive all claims in said property as a
homestead exemption or other exemptio now or hereafter provided by law.
It is agreed that in case of efault in payment of said principal or interest or a breach of any of the covenants
herein, then said amount hereby enured may at the option of the beneficiary become due and payable at once, anything in
said note to the contrary notw standing and possession of said property will thereupon be delivered to the beneficiary,
and on failure to deliver eu possession the beneficiary shall be entitled to a receiver for said property, who may be -� —
appointed by any court of c patent jurisdiction. .�
cl
Whenever used here the singular number shall include the plural, the plural the singular, and the use of any �.
gender shall be applic le to all genders. All of the covenants herein shall be binding upon the respective heirs,
personal repreeentat es, successors, and assigns of the parties hereto. rt
(NJ 0--
Executed the ay and year first above written.•
C'erpsrcti2_. SeGYe o_ry JOHN 3. SYKES, PRES DE +
I SYRE REALTY, INC., A IDA CORPORATION
STATE OF QOLORSDO)4
COUNTY OF'WOD,S,y) 1'..
The fjrpgoing instrument was acknowledged before me this /1( day of L{,,, ?—\ , 1994, by John H. Sykes,
President, SYKES REALZY, INC., A FLORIDA RPORA
( C. .MyCmtaNssionE IreS anua'Y 1U, 995
My Commission expires , 19 Witness my hand and of cial seal.
,
/ i Q / N-02
l./ N ary blic
96 1014 - C O3
Address 30Co31
No. 923B. Rev. 6-85 DEED OF TRUST (Public Trustee) without Due on Sale Clause 6-85
WHEN RECORDED RETURN TO:
2402083 B-1454 P-1010 08/11/94 04:43P PG 1 OF 2 REC D0C
Mary Ann Feuerstein Weld Co. , Clerk & Recorder 0,00
OFFICE BUILDING
PARCEL 3
WELD COUNTY BUSINESS PARK
REVISED LEGAL DESCRIPTION
A part of Tract "B" , Weld County Business Park P.U.D. , a
subdivision within the city of Greeley, county of Weld, state of
Colorado; more particularly described as follows:
Commencing at the Northeast Corner of Section 31, Township 6
North, Range 65 West. of the 6th Principal Meridian, and
considering the North line of the Northeast Quarter (NE1/4) to
bear North 89° 34 ' 29" West to the North Quart f Corner of said
Section 31, with all bearings contained here' being relative
thereto; thence North 89° 34' 39" West alon the North line of
the Northeast Quarter (NE1/4) a distance 585.00 feet; thence
South 00°25' 21" West, a distance of 50. 0 feet to the South
right-of-way line of "O" Street, the N theast Corner of Parcel
3 , and the True Point of Beginning;
Thence South 00° 25' 21" West a d' tance of 245.20 feet to a
point on a curve to the right ha ng a radius of 395. 00 feet, a
central angle of 46° 39' 03" , arc distance of 321. 61 feet, the
long chord of which bears Sou 23° 44 ' 52" West a distance of
312 . 80 feet; thence South 47 04' 24" West, a distance of 19. 03
feet; thence North 89° 34 ' 9" West, a distance of 332 .31 feet;
thence North 00° 25' 21" ast, a distance of 545. 50 feet to a
point on the South righ of-way line of "O" Street; thence along
said South right-of-wa line South 89° 34' 39" East a distance of
470. 00 feet to the T e Point of Beginning.
Said parcel of la contains 5. 594 acres, more or less, and is
subject to any r ' hts-of-way or other easements as granted or
reserved by ins ruments of record or as now existing on said
parcel of lan .
Legal Descr ' tion prepared by:
C .
Mic ae C. Ketterling, E
July , 1994
KLH ' gineering, Inc.
822 th Street, Suite 5
Gr ley, Colorado 80631
EXHIBIT "A"
2402083 B-1454 P-1010 08/11/94 04:43P PG 2 OF 2
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