HomeMy WebLinkAbout20053567.tiff RESOLUTION
RE: APPROVE RELEASE OF DEED OF TRUST AND AUTHORIZE CHAIR TO SIGN -
CENTENNIAL DEVELOPMENT SERVICES, INC.
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 pursuant to Colorado statute and previous
official actions, sits ex-officio as the Weld County Housing Authority Board, and
WHEREAS,the Board has been presented with a Release of Deed of Trust, to release
Blocks 7, 8, and 107 in the City of Evans, County of Weld, State of Colorado, being more fully
described in a Deed of Trust, a copy of which is attached hereto and incorporated herein by
reference, from said Deed of Trust executed by Centennial Development Services, Inc., on
December 28, 1992, in favor of Weld County, and
WHEREAS,said Deed of Trust was executed to act as collateral to secure a Promissory
Note in the amount of $117,914.98, executed by Centennial Development Services, Inc., on
December 28, 1992, in favor of Weld County, and
WHEREAS,the Director of Finance and Administration recommends said Release of Deed
of Trust, upon expiration of said Promissory Note, after all obligations under said Promissory Note
having been fulfilled, and
WHEREAS,after review,the Board deems it advisable to approve said Release of Deed of
Trust.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Release of Deed of Trust for Blocks 7, 8, and 107 in the City of Evans,
County of Weld, State of Colorado, being more fully described in said Deed of Trust, executed by
Centennial Development Services, Inc., on December 28, 1992, in favor of Weld County be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said Release of Deed of Trust.
2005-3567
PR0027
CO , (`TJSZ DI-06 (o
RE: RELEASE OF DEED OF TRUST - CENTENNIAL DEVELOPMENT SERVICES, INC.
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 7th day of December, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
���� :; WELD COUNTY, COLORADO
ATTEST: atedik" '�,��
kb_ j-y m H. J-, e, Chair
Weld County Clerk to the Bo' i �►?
BY: i iti i '�^. :'ejle, '•- em
D4'uty Clark to the B.. d. .. C
id E. Long \ l
APP AS M: � ��1�
Robert D. Masde
uhl Attorney (4
Glern Vaad
12172/06
Date of signature:
2005-3567
PR0027
1 VIII 111111111111111 Olt IIIINMI
11111 ���� ����
= 3345988 12/08/2005 04:39P Weld County, CO
988 1 of 1 R 0.00 D 0.00 Steve Moreno Clerk& Recorder
REQUEST FOR RELEASE OF DEED OF TRUST AND RELEASE
I (WITHOUT PRODUCTION OF EVIDENCE OF DEBT PURSUANT TO§38-39-102(3.5),CRS.)
December 7, 2005 Date
Centennial Development Services, Inc Original Grantor(Borrower)
County of Weld, State of Colorado Original Beneficiary
(Lender)
December 28, 1992 Date of Deed of Trust
January 11, 1993 Recording Date of
Deed of Trust
Weld County of Recording
02317811/F1658 B-1366 of Recorded Deed of Trust
Reception No.and/or Film No. and/or Book NoJPage 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.
♦,� I . /
County of Weld, State of Colorado -
Current Owner and Holder of the Indebtedness Secured by Deed of Trust(Lender)
William H. Jerke, Chair, Board of Count Commissioners at Weld C.tl . 1
Name and Title of Agent or Officer of Current Owner and Holder t !, S1'• :
915 10th Street, Greele , Colorado 80631 a4?ua
�Tri1 1'�
Address af Current Owner and Holder
‘- t � .'! Attest: � /✓ %/ �`'`/�.�
Signature
nin
State of Colorado,County of Weld By e '-�( � t o thi Boar
•.
Deputy erk to t Board•�a'"PJ. ...ccp,1/4.
The foregoing Request for Release was acknowledged before me on + � •December 7, 2005 (date)by Witness my hand and official slit:). RY
William H. Jerke, Chair -,
Board of County Commissioners of j S
County of Weld AZ PIA 4,r ;� `• O PUBLIC ,. /
.f,.
Date Commission Expires • :•
RELEASE OF DEED OF TRUST My Commission Expires Apnt fn.20r7
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.
State of Colorado,County of WELD ':
Public Trustee
The foregoing t owled ed before me on / I�V
re6 B{Q$lglrnflt lt'gSe'iG� g `
CANDI GORE (date)the ;:aofby 4 •y Deputy Public Trustee
98e B�f Public Trustee of p Witness my hand and official al seal
•
99VV CC 6L...0 County,Colorado._wq
Date Commission Expires?:• nR-{' `E NOTARIZATION IS
NOT REQUIRED
'If applicable,insert title of agent or officer and name of current owner and holder. .........••` Notary Public
Mary HIP g-rt
Original Deed of Trust Returned to: Public Trustee
Received by /
No.1197. REQUEST FOR RELEASE/RELEASE OF DEED OF TRUST(§38-39-102(3.5),C.RS.) �� C-
Bradford Publishing,1743 Wazee St.,Denver,CO 80202-(303)292-2500-8-97
-)CC -351-
ARd337d10
IF THIS FORM IS USED IN A CONSUMER CREDIT TRANSACTION,CONSULT LEGAL COUNSEL
THIS IS A LEGAL INSTRUMENT.IF NOT UNDERSTOOD,LEGAL,TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING.
PROMISSORY NOTE
U.S.$117, 914 . 98 Greeley ,Colorado
December 28 19 92
' to
FOR VALUE RECEIVED,the undersigned(Borrower)promise(s)to pay the County of Weld,
State of Colorado, by and through the Board of County Commissioners , a GO
of Weld County, to rn
01 0'
ororder,(NoteHolder)theprincipalsumof One Hundred Seventeen Thousand Nine Hundred
Fourteen and 98/100 g
to
U.S. Dollars,with interest on the unpaid principal balance from January 1 19 93,until paid,at � n
the rate of eight (8) percent per annum.Principal and interest shall be payable at 915 Tenth o
Street, Greeley, Colorado ,or such other place as the Note b N
Holder may designate,in sixty paymentsof Two Thousand Three Hundred z
Seventy—Five and 06/10.0 Dollars I M m
(U.S.$ 2, 375 . 06 _),due onthe 15th day of each month 'I
beginning January 15 , 19 93. Such payments shall continue until the entire indebtedness
evidenced by this Note is fully paid; provided,however, if not sooner paid, the entire principal amount outstanding (n o
Cand accrued interest thereon,shall be due and payable on January 1 ,19 98.
H
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Lnt w
I �
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Borrower shall pay to the Note Holder a late charge of fifteen (15120 of any payment not received by the
Di In
Note Holder within 30 days after the payment is due. [+7
n
0
Payments received for application to this Note shall be applied first to the payment of late charges,if any,second
to the payment of accrued interest at the increased rate specified below, if any, third, to accrued interest first tr1 to
specified above,and the balance applied in reduction of the principal amount hereof. 'L O
o
Mc)
If any payment required by this Note is not paid when due,the entire principal amount outstanding and accrued
interest thereon shall at once become due and payable at the option of the Note Holder(Acceleration).To exercise this C7
1 option, the Note Holder shall give Borrower notice of Acceleration specifying the amount of the nonpayment. The n
O
Borrower shall have thirty days after the notice of Acceleration has been given to reinstate the terms of this Note,as ! `
they were immediately before such notice,by paying the amount of nonpayment specified in the notice of Accelera-
no
tion. The privilege of reinstatement shall not, however, be available to the Borrower more than once during any O N
twelve-month period. Unless so reinstated the indebtedness shall bear interest at the increased rate of 15
percent per annum from the date notice of Acceleration is given. The Note Holder shall be entitled to collect all
reasonable costs and expense of collection and/or suit,including,but not limited to reasonable attorneys'fees. !I
Borrower may prepay the principal amount outstanding under this Note,in whole or in part,at any time without
penalty except
N/A
Any partial
pa t al prepayment shall be applied against the principal amount outstanding and shall not postpone the due
date of any subsequent payments or change the amount of such payments.
No.NTD70-2-81. PROMISSORY NOTE
r Bradford Publishing,1743 Wazee St.,Denver,CO 80202—(303)292-2500—2-92
! a"E-.r I L,
Presentment, notice of dishonor, and protest are hereby waived by Borrower and all other makers, sureties,
guarantors and endorsers hereof. This Note shall be the joint and several obligation of Borrower and all other
makers,sureties,guarantors and endorsers,and their successors and assigns.
Any notice to Borrower provided for in this Note shall be in writing and shall be given and be effective upon (1)
delivery to Borrower or(2)mailing such notice by certified mail,return receipt requested,addressed to Borrower at
the Borrower's address stated below, or to such other address as Borrower may designate by notice to the Note
Holder.Any notice to the Note Holder shall be in writing and shall be given and be effective upon(1)delivery to Note
Holder or (2) by mailing such notice by certified mail, return receipt requested, to the Note Holder at the address
stated in the first paragraph of this Note, or to such other address as Note Holder may designate by notice to
Borrower.
The indebtedness evidenced by this Note is secured by a Deed of Trust dated December 28 ,19 92 ,and
until released said Deed of Trust contains additional rights of the Note Holder.Such rights may cause Acceleration of
the indebtedness evidenced by this Note.Reference is made to said Deed of Trust for such additional terms.Said Deed
of Trust grants rights to the following described property located in the Town of Evans County of
Weld ,State of Colorado:
Blocks 7, 8, and 107 in the Town of Evans, County of Weld, State
of Colorado, and all the streets and alleys that lie within the
exterior lines of all said Blocks, and that portion of 8th Street
bordering said Blocks on the South, as vacated by Ordinance #101,
recorded in Book 1353 , Page 73, Weld County Records; and that
portion of Latham Street, adjoining said Blocks on the West, as
vacated by Ordinance #370-78 , recorded in Book 823, Reception
#1744570, Weld County Records , all in the Town of Evans, Weld County, CO.
Property address: 3815 St. Vrain Street
Evans ,Colorado
(CAUTION:SIGN ORIGINAL NOTE ONLY/RETAIN COPY)
IF BORROWER IS NATURAL PERSON(S):
doing business as
IF BORROWER IS CORPORATION:
•
ATTEST: • Centennial Development Services, Inc .
Name of Uorps ation
6 LCcL1' �c-c�t,..-v.z�c: by
2Secretary (-)- �._,n
J President
(SEAL)
IF BORROWER IS PARTNERSHIP:
Name of Partnership
by
General Partner
Borrower's address: 3819 St. Vrain Street
Evans , Colorado 80620
KEEP THIS NOTE IN A SAFE PLACE.THE ORIGINAL OF THIS NOTE MUST BE EXHIBITED TO THE PUBLIC
TRUSTEE IN ORDER TO RELEASE A DEED OF TRUST SECURING THIS NOTE. �\
B 1366 REC 02317810 01/11/93 15 :25 $0 . 00 2/002
F 1657 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
o'clock M.,
A112317511 Recorder.
DEED OF TRUST
THIS DEED OF TRUST, Dated Dee ember 28, 1992 , between cANCHAED
Centennial Development Services, Inc.
the grantor herein, whose address is 3819 St. Vrain Street, OEC 0 8 2005
Evans, CO 80620 ofthe LV
*County of Weld and State of Colorado, and
the PUBLIC TRUSTEE of the County or City and County in which the property described MARY HERGER'T I
i below is situated, in the State of Colorado, Pcoo y CCILO
Witness:
wan (�l'lOYiY �
The grantor,to secure a promissory note or notes, hereinafter referred to in the singular, dated
• for the total principal sum of $117, 91 4 . 98
payable to the order of dollars, II
County of Weld, State of Colorado, by and through the County I the beneficiary herein, whose address is Board of County Commissioners of Weld µounty
I. 915 Tenth Street, Greeley, CO 80631 , after the date thereof,
with interest thereon from the date thereof at the rate of eight (8) percent per annum, principal and interest payable I1
in 60 payments of $2, 375. 06 , due on the 15th day of each month,
beginning January 15, 1993,
does hereby grant and convey unto said Public Trustee the foll
owing described property, situate in the County II I
of Weld , State of Colorado, to wit:
• Blocks 7, 8, and 107 in the Town of Evans, County of Weld,
State of Colorado, and all the streets and alleys that lie within
II the exterior lines of all said Blocks , and that portion of 8th
Street bordering said Blocks on the South, as vacated by Ordinance II
#101 , recorded in Book 1353, Page 73, Weld County Records; and that);
portion of Latham Street, adjoining said� Blocks on the West, as li
vacated. by Ordinance #370-78, recorded in Book 823 , Reception
II
#1744570, Weld County Records , all in the Town of Evans, Weld
County, Colorado.
B
1366 REC 023178 11
01/11/93
F15:26
1658 0 M $ . 00 MAR
Y 1 ANN FEUERSTEIN CLERK & RECORDER 1/002
II WEL
•
D CO, CO
also'mown by street and number as 3819 St. Vrain Street, Evans, Colorado
TO HAVE AND TO HOLD the same together with all appurt n tic : in trust nevertheless.that in case ofdefault in the payment of said note or any part Iherenl or interest
thereon,or in the performance of any covenants hereinafter t fs th then upon the beneficiary(note holder)(ding notice of election and demand for sale,said Public Trustee,
after advertising notice of said sale weekly,for not less than!bur ek in some newspaper ofgeneral circulation'nsaid county,shall sell said property in the manner provided
by law in effect at the time of filing said notice and demand,at public auction for cash.vary proper place designated in the notice of sale.Out of the proceeds of said sale said
Trustee shall retain or pay hrst allI charges and costs and all moneys advanced Mtaxes.insurance and assessments. m any prior encumbrance.with interest thereon,and
pay the principal and interest du m said nlLL rendering the overplus(it-any)unto the grantor and atter the expiration of the time of redemption,said Trustee shall execute and
deliver to the purchaser a deed to the property sold.The beneficiary may purchase said property or any u P ! part The grantor covenants 7 I at such sale-
- that
at at the time of delivery of these presents.he is seized ol'saidproperty in ice simple,and that saidpropertyis(re .
those of record filed in the Office of encumbrances,except
the Weld Co
unty Clerk and
Recorder prior to December 28, 1992 .
H
The grantor also covenants that he will keep all buildings insured with a company approved by the beneficiary tor tire and extended coverage in an amount equal to the unpaid
balance of said note with loss payable to the beneficiary',will deliver a copy of the policy In file beneficiary and will pay all taxes d assessments against said property and
amounts due an prior encumbrances.If grantor shall fail to pay insurance premiums.tax s or amounts due on prior encumbrance.the beneficiary may pay the same and all
amounts shall become additional indebtedness due hereunder:and in case of tbreclosure.he will pay an attorney x the of
reasonable compensation.
Should the beneficiary hereunder he made t party to any action affecting this deed of trust or the title to said property the grantor agrees that all court costs and a reasonable
attorney's fee paid by the beneficiary shall become additional indebtedness due h reunder',and the grantor does hereby release and waive all claims in said property as a H I
homestead exemption or other exemption now or hereafter provided by law.
It is agreed that incase of default in payment of said principal or interest or a breach ofany of the covenants herein.then said principal sum hereby secured and interest hereon
may at the option of the beneficiary become due and payable at once,anything in said note to the trary notwithstanding and possession of said property will thereupon be delivered to the beneficiary.and on failure to deliver such possession the beneficiary shall he entitled to it receiver for said property who may be appointed by any court of '
' competent jursidiction.
Whenever used herein the singular number shall include the plural,the plural the singular.and the use of any gender shall he applicable to all genders.All of the covenants
herein shall be binding upon the respective heirs.personal representatives.successors and assigns of the parties hereto.
Executed the day and year first above written-
Centennial Development Services, Inc.
, Dale F .�Peterson , President
STATE OF COLORADO
County of Weld 1 ss. ii iI
II
I
I
The foregoing instrument was acknowledged before me this 28th day of December , 19 92
by . Dale F . Peterson , President, Cen
tennial Development fi
Services, Inc ,
My commission expires /;'2- j- 7:(±:,- . Witness my hand and official seal. y I
-`A' I. Noma')fl
i
If i Dd11vcr Ittsert'City and." Ada --
No 9b0.,Rev.b-85. DEED OF TRUST(Public TFustee)without Due on Sale Clause
685 ,t pJl
BradfoN Publishing.5825 W 6th Ave_Lakewood.CO 80214-(303)2J?fi900
WHEN RECORDED RETURN TO:
No.
DEED OF TRUST N
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FROM N o
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Centennial Development
a
oW
Services , Inc.
03
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ID vs W
THE PUBLIC TRUSTEE o
FOR THE USE OF U
W
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Lin
rix
STATE OF COLORADO, a'
ss. Ma
County of ON U
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I hereby certify that this instrument was filed H
\ W
H H
for record in my office at o'clock M., 0 a
W
,19 ,and is duly ,-i W
CO W
N
recorded in book ,page M Z
N4
Film No. Reception No. o
U L4
WFC
clerk and Recorder. a £
O of
'.O ul
By PI VD
Deputy. r-I rag
Fees,$ OJ fi
WHEN RECORDED RETURN TO
Weld County Attorney ' s Office
P.O. Box 1948 , Greeley, CO 80632
err>ao.n.LUSH NOCO.
Cdp /C /
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