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Home My WebLink About20050810.tiff RESOLUTION RE: ACTION OF THE BOARD OF COMMISSIONERS REGARDING VIOLATION VI#0500228 AGAINST RONALD AND ANN HALL 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, Ronald and Ann Hall, VI #0500228, 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 11th day of October, 2005, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, at which time this matter was continued to November 8, 2005, to allow the property owners to be present at the hearing. WHEREAS, on the 8th day of November, 2005, a public hearing was held before the Board of County Commissioners for the purpose of hearing testimony relating to said violation, and WHEREAS, Ronald and Ann Hall, property owners, were present at said hearing, and WHEREAS,the Board of County Commissioners deems it advisable to close said violation due to receiving a letter from the property owners stating no one is living in the camper trailer, and the semi trailers and cab have been removed from the property. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that VI #0500228 be, and hereby is, closed. 2005-0810 nC '. Pt, Vitt_ PL0824 / 1 VIOLATIONS -VI #0500228 - RONALD AND ANN HALL PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 8th day of November, A.D., 2005. E BOARD OF COUNTY COMMISSIONERS La\WELD COUNTY, COLORADO ATTEST: �/)7 / 1I „ <: ^' d�l/� K �illiam H. Jerk:, Chair Weld County Clerk to the (.11,76 4 uhf„ Vat \re` M. Leile, ro- em BY: /bt,4 ` � D uty Clerk to the BoaW David E. Long T APP VED AS FORM: EXCUSED Robert D. Masdei Count ttorney 4PAAAAL Glenn Vaad c Date of signature: 1 I21 IO5 2005-0810 PL0824 Weld County Violation Summary Compliance Officer, Ann Siron BASIC INFORMATION Property Owner: Ronald &Ann Hall Violation: VI-0500228 Address: 67164 CR 390, Hereford, CO 80732 Legal: Lot 21, Block 1, Unincorporated Town of Hereford, Weld County, Colorado Location: North of CR 136 and North East of and adjacent to CR 79 North: Agricultural South: Agricultural East: Agricultural West: Agricultural Parcel Number: 0041-27-0-08-006 Acreage: 2.24 +/-acres Certified mail date: August 31, 2005 Received: September 9, 2005 Currently the property is in violation of Chapter 23, Article 111(3), Division 1 of Sections 23-3-20, 23-3-20.A, 23-3-30, 23-3-40, 23-3-40.R and Chapter 23, Article IV(4), Division 3 of Sections 23-4-130, 23-4-140 and 23-4-180 of the Weld County Code. REMEDY To bring the property into compliance the camper/trailer shall be unoccupied and disconnected from all utilities. Additionally, proper permits shall be obtained for the semi trailers and cab or they shall be removed from the property. RECOMMENDATION The Department of Planning Services recommends that this case be referred to the County Attorney's office but delay any legal action for 30 days. CASE HISTORY June 16, 2005 Initial complaint received. June 21, 2005 Initial inspection completed. June 21, 2005 Five day compliance encouragement letter issued. June 24, 2005 Received doctor's note via fax. July 11, 2005 Received call from occupant of the camper/trailer notifying me that they would be vacating the property in the next two weeks. July 14, 2005 Received call from occupant of the camper/trailer asking for a violation letter and o2005- 08/6 the parts of the Code that it pertained to. July 19, 2005 Received call from occupant of the camper/trailer stating they had vacated the property. July 20, 2005 Violation letter issued to occupant of camper/trailer. August 6, 2005 Property inspected. Property remains in violation. August 23, 2005 Violation letter issued to property owner. August 26, 2005 Received call from property owner upset because the occupant of the camper/trailer stated that they were forced to leave the property. August 31, 2005 Property owner called and requested I schedule this case before the Board of County Commissioners. August 31, 2005 Letter sent to property owner indicating that the violation case was scheduled before the Board of County Commissioners. September 9, 2005 Applications to permit the semi trailers and cab were sent to property owner. O lar>ii Weld County Department of wine Planning Services o Inspection Report coLoRADo 91810`h St Greeley, CO 80631 Date of Inspection: /Q -/t . C_t Permit/Case No.: 1// — ''') --f 7 Property Owner Name: ri/'p I i ( -1 Address: ' a`I l b. L,l (L Ac. t f Upon a(visual)(on-site)inspection of the property listed above,the following items were noted: V,. t 1. ,k t f r ( Inspection by: _..C.Contact Name: ( i t l T1 1_ -, i Contact Phone Number: 970-353-6100,Ext. 3555 , Copy of this inspection was: ❑ r.pA n oy Pictures taken during inspection: p.�'`Y es O No DEPARTMENT OF PLANNING SERVICES i(Tsm‘o North Office Code Compliance Division 918 10th Street, Greeley, CO 80631 Website:ite: WWW.CO.WELD.CO.US E-mail Address: asiron@co.weld.co.us Phone: (970) 353-6100, Ext. 3566 Fax: (970)304-6498 Southwest Office 4209 CR 24.5 COLORADO Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720)652-4211 September 9,2005 Ann Hall PO Box 94 Hereford, CO 80732 Dear Ms. Hall: Enclosed are the applications for a Home Occupation and Use by Special Review(USR) permits that you have requested I send to you. Please review them and determine which would be appropriate for your particular circumstance. Then complete and submit the application to the Department of Planning Services. For questions, I suggest you speak to one of our"On-Call" Planners. We have two locations open to the public. Our main office is located at 918 10`" Street, Greeley, Colorado. At our North office, an "On-Call" Planner is available, Monday thru Thursday from 7:30 a.m.- 11:30 a.m. Our Southwest office is located at 4209 CR 24.5, Longmont, Colorado. At our Southwest office,an"On-Call"Planner is available Monday thru Thursday from 12:30 p.m.-4:30 p.m.You do not need to schedule an appointment, because individuals are seen on a sign in basis. Neither office will have a planner available on Fridays for walk-ins. Feel free to contact me at the above address,telephone number or e-mail address if you have any concerns. 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. Sinc ely, A. • Ann Siron Zoning Compliance Officer SERVICE,TEAMWORK,INTEGRITY,QUALITY DEPARTML.:T OF PLANNING SERVICES North Office Code Compliance 03 918 10'"Street, Greeley, 80631 WWW.CO.WELD.00.US ELD.CO.US E-mail Address: asiron@co.weld.co.us Phone(970) 353-6100, Ext. 3566 C Fax (970)304-6498 Southwest Office COLORADO 4209 CR 24.5 Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720)652-4211 August 31, 2005 Mr. & Mrs. Ronald Hall 67164 CR 390 Hereford, CO 80732-0094 Subject:VI-0500228, Lot 21, Block 1, Unincorporated Town of Hereford, Weld County, Colorado Dear Mr. & Mrs. Hall: The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting with the Board of County Commissioners on October 11,2005 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 23-3-20.A "One (1) Single-Family Dwelling Unit and Auxiliary Quarters per Legal Lot" Section 23-3-30 "Accessory Uses" Section 23-3-40 "Uses by Special Review" Section 23-3-40.R "Any use permitted as a Use by Right, an Accessory Use,or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop." Chapter 23, Article IV, Div 3 "Mobile Homes and Manufactured Structures" Section 23-4-130 "Permit Requirements" Section 23-4-140 "Mobile Homes permitted in the A Zone District" Section 23-4-180 "Temporary Accessory use During a Medical Hardship" To bring the property into compliance: As previously discussed during a phone conversation on August 26, 2005, the current use of a camper/trailer as a dwelling unit can not be permitted and any exceptions would need to be granted by the Board of County Commissioners. Otherwise, the camper/trailer shall remain unoccupied and disconnected from all utilities. Additionally,only one semi cab and trailer would be able to remain on the property,given • that you obtain a Home Occupation Permit and the semi cab/trailer would need to be completely screened from all adjacent properties and public rights-of-way. Otherwise, the two semi trailers and cab shall be removed. Depending on the circumstances, if more than one(1) semi /trailer is needed, you may be eligible to a i for a Use by Special Review(USR)permit for a Home Business. For questions, I suggest you speak to one of our "On-Call" Planners. To better serve the public, we have two locations open. Our North office is located at 918 10th Street, Greeley, Colorado. At our North office,an"On-Call"Planner is available, Monday thru Thursday from 7:30 a.m.-11:30 a.m. Our Southwest office is located at 4209 CR 24.5, Longmont, Colorado. At our Southwest office, an "On-Call" Planner is available Monday thru Thursday from 12:30 p.m.—4:30 p.m. You do not need to schedule an appointment, because individuals are seen on a sign in basis. Neither office will have a planner available on Fridays for walk- ins. To better serve you, please bring this letter with you. 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 Recreation Vehicle shall not be used for Temporary Storage, Temporary Accessory to the Farm Use, Temporary Accessory use during 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, • lae4cizcz:c Ann Siron • Zoning Compliance Officer SEN a E'< GOM'LETE THI5 5'":" T V COMPLETE THIS SEC'n•N •N •EUVERti pc:VI-0500228 ■ Complete Items 1,2,and 3.Also complete A. � Department of Planning kemk4 If Restricted Delivery Is desired. "C. 0 Agent Bruce Barker, County At • Pdnlyoui name and address on the reverse ^^^^CCCC. aL�l Addressee . so that we can return the card to you. B. -ecelved by(printed Neme) C. Da of Delivery IS Attach this card to the back of the mailplece, • O5 or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. ANcle Addressed to: if YES,enter delivery address below: ❑No MR & MRS R01iALD HALL 67164 CR 39B PO BOX ciLl HEREFORD, CO 80732-0094//�� ff a. Servicelype e CN.1 u eL� XXXXCertmad Mall 0-Express Mall K D Registered ❑Return Receipt for Merchandise q —n 0 Insured Mall 0 C.O.D. 'f 4. Restricted Deliver)?(Extra Fee) 0 Yes 2. Article Number 7004 2890 0003 5709 2974 Monster from service lab.° PS Form 3811,February 2004 Domestic Return Receipt 1025asofraa-1540 Weld County Department d Planning Services Inspection Report COLORADO 918 le St Greeley, CO 80631 / Date of Inspection: `f - I -{ Permit/Case No.: \,./ —(_°(/— Property Owner Name: I',.1\ yc-: Address: 1 (. `�V (C- k rix .a_I Upon a(visual)(on-site) inspection of the property listed above,the following items were noted: J Inspection by: Contact Name: i i j Contact Phone Number: 970-353-6100,Ext. 3555 Copy of this inspection was:____O-Left on Site trMailyd.s.n Pictures taken during inspection: O Yes No 07/14/2005 13: 20 9708952446 ANN HALL PAGE 01 Fax Cover Sheet Ann Hall P.O. Box 94 Hereford, Colorado 80732 (970) 895-2446 (970) 895-2446 FAX annghall@hotmail.com Redpient's Name AA/ci � of /� rtv J Fax Nraeber 30 ye Telephone Number 3t1✓3- b An < c..7, 4 to Date 71/45/17/ �j Subject L D SSG?" 4-"A r_ OJ xv- Total Number of Pe e:v'� ❑ Urgent dReplw ASAP -2 Please Comment ❑ For Your Records Comments: CiN '. 11-01. 411,2 (--1401/4- (414A- 07/14/2005 13:20 9708952446 ANN HALL PAGE 02 NEUROLOGY ASSOCIATES OF NORTHERN June 24, 2005 COLORADO • PROFESSIONAL LLP • Diplomates:American Board Re: ANN HALL of Psychiatry and Neurology To Whom it May Concern: 7100 E.ELIZABETH Ann Hall is a patient followed In our office for multiple sclerosis. Her FORT COLLINS.CO 80524 sister presently needs to live on Ms. Hall's premises in a trailer in PHONE: (970) 482-4373 order to act as her temporary caregiver for her because of her FAX: (970) 484-5682 neurologic disabilities. Since , GERAL MaNTOSHERI C. M.D. SNERI J.FRIEDMAN,M.D. c. GERALD C. McINTOSH, M.D. GCM/hah 07/14/2005 13:20 9708952446 ANN HALL PAGE 03 DEPARTMENT OF PLANNING SERVICES rit Q North Office Code Compliance Division 918 10s Street, Greeley, CO 80631 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 C Southwest Office 4209 CR 24.5 COLORADO Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720)652-4211 • Ronald and Ann Hall 67164 CR 390 Hereford. CO 80732-0094 Subject: VI-0500228, Lot 21, Block 1, Unincorporated Town of Hereford, Weld County, Colorado Dear Mr. & Mrs. Hall: 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 commercial vehicle without the proper permits. Additionally,it appears that someone is staying in a camper/trailer. Unfortunately,there are no provisions in the code allowing this type of use. 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. Sincerely, • Ann Siron Zoning Compliance Officer pc:Vl-0500228 Department of Planning Services • • • SRRv!CE,TBAMWORt4 INTEGRITY,QUALITY DEPARTMENT OF PLANNING SERVICES a North Office Code Compliance Division e1 10th Street, Greeley, CO O.U(11}t 0631 Website: WWW.CO.WELD.CO.US E-mail Address: asiron@co.weld.co.us wine Phone: (970) 353-6100, Ext. 3566 Fax: (970).304-6498 Southwest Office 4209 CR 24.5 COLORADO Longmont, CO 80504 Phone: (720)652-4210, Ext. 8730 Fax: (720)652-4211 • WELD COUNTY ZONING VIOLATION NOTICE August 23, 2005 Ronald &Ann Hall 67164 CR 390 Hereford, CO 80732-0094 Subject: VI-0500228, Lot 21, Block 1, Unincorporated Town of Hereford, Weld County, Colorado Dear Mr. & Mrs. Hall: 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 23-3-20.A "One (1)Single-Family Dwelling Unit and Auxiliary Quarters per Legal Lot" Section 23-3-30 "Accessory uses" Section 23-3-30.D "Home Occupations" Section 23-3-40 "Uses by Special Review" Section 23-3-40.R "Any use permitted as a Use by Right an Accessory Use, or a Use by Special Review in the commercial or industrial zone districts, provided that the property is not a Lot in an approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of any regulations controlling subdivisions. PUD development proposals shall not be permitted to use the special review permit process to develop." Chapter 23, Article IV, Div 3 "Mobile Homes and Manufactured Structures" Section 23-4-130 "Permit Requirements" Section 23-4-140 "Mobile Homes permitted in the A Zone District" Section 23-4-180 "Temporary accessory use during medical hardship" 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 foi ,iontransient residency. A Recreational VehR.,e shall not be used for Temporary Storage,Temporary Accessory to the Farm Use,Temporary Accessory Use During a Medical Hardship, Temporary Accessory Use as an Office, or as a Principal Dwelling Unit. To bring your property into compliance with the Weld County Code: After discussing your situation with staff, it was determined that the current use of a camper/trailer as a dwelling unit could not be permitted and any exceptions would need to be granted by the Board of County Commissioners through a violation hearing on October 11, 2005. Should you chose not to discuss this matter before the Board the camper/trailer needs to remain unoccupied and disconnected from all utilities. Additionally,only one semi cab and trailer would be able to remain on the property,given that you obtain a Home Occupation Permit and the semi cab/trailer would need to be completely screened from all adjacent properties and public rights-of-way. Otherwise, the two semi trailers and cab shall be removed. Depending on the circumstances, if more than one (1) semi cab/trailer is needed, you may be eligible to apply for a Use by Special Review(USR) permit for a Home Business. For questions, I suggest you speak to one of our"On-Call" Planners. To better serve the public,we have two locations open. Our North office is located at 918 10th Street, Greeley, Colorado. At our North office, an"On-Call"Planner is available, Monday thru Thursday from 7:30 a.m.-11:30 a.m. Our Southwest office is located at 4209 CR 24.5, Longmont, Colorado. At our Southwest office, an "On-Call" Planner is available Monday thru Thursday from 12:30 p.m. - 4:30 p.m. You do not need to schedule an appointment, because individuals are seen on a sign in basis. Neither office will have a planner available on Fridays for walk-ins. To better serve you, please bring this letter with you. It is the intention of this office to assist and cooperate with you without imposing undue hardships; however, we have no discretion in this matter if you fail to correct this violation. You have 30 (thirty) days from August 23, 2005, to correct this zoning violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be helpful. Should you have any questions regarding this letter, or if you need any further information, please 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 ly, 4 Ann Siron Zoning Compliance Officer pc: VI-0500228 Department of Planning Services Bruce Barker, County Attorney DEPARTMENT OF PLANNING SERVICES North Office Code Compliance Division 918 10th e: Street, Greeley, CO O.0 Website: WWW.CO.WELD.CO.US E-mail Address: asiron@co.weld.cb.us Wine Phone: (970)353-6100, Ext. 3566 Fax: (970) 304-6498 Southwest Office 4209 CR 24.5 COLORADO Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720) 652-4211 WELD COUNTY ZONING VIOLATION NOTICE July 20, 2005 Jain Ann Smith PO BOX 42 repidd QQ Hereford, CO 80732 Subject: VI-0500228, Lot 21, Block 1, Unincorpo fl [Add (LA— Dear Ms. Smith: TO The uses on the above described property are being c of the Weld County Code. Currently your property is in violat Code: Chapter 23, Article III, Div 1 "A(Agricultural): Section 23-3-20 "Uses allowed by right" Section 23-3-20.A "One Single-Family Dwellin RECREATIONAL VEHICLE: A transportation sl ur witnout flexible, removable or collapsible walls and paruuons 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. To bring your property into compliance with the Weld County Code: The camper/trailer shall be removed from the property in the next 30 days. It is the intention of this office to assist and cooperate with you without imposing undue hardships; however, we have no discretion in this matter if you fail to correct this violation. You have 30 (thirty)days from July 20,2005,to correct this zor,ii ig violation. Failure to do so will result in this office scheduling the violation before the Board of County Commissioners to consider whether to refer the violation to the County Attorney's Office for legal action. Any information you have that may help to resolve this matter will be helpful. Should you have any questions regarding this letter, or if you need any further information, please 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. Sinc ly, Ann Siron Zoning Compliance Officer pc: VI-0500228 Department of Planning Services Bruce Barker, County Attorney Page 1 of 1 Ann Siron From: Ann Siron Sent: Friday, June 24, 2005 2:56 PM To: Dave Long Cc: Wendi Inloes; Monica Mika Subject: Ann Hall in Hereford I received a complaint on Ann Hall's property, in Hereford. She has several different issues: A semi cab and trailer without permits. The code will also be changing in the next few months regarding these types of violations and at this time we are unsure as to what will be approved by the Board. A RV has been moved onto the property and is being occupied by her sister and her sister's family. Mrs. Hall says that she needs them there because she has M.S. and needs the additional help to care for her and her property. In the past we have not made exceptions for this type of use. I will be asking her to come to Greeley or call and speak with Wendi Inloes and see if we will be able to permit this activity or not. Staff will be working on this case to see how and if we can permit any of these uses. I wanted to give you a heads up on this situation, as Ann stated that if we do not allow her to continue doing as she pleases on her property, she would be calling you personally. Ann Siron Zoning Compliance Officer %Veld County Planning Department 918 10th Street Greeley,CO 80631 Phone' (970)353-6100 Ext.3566 Fax' (970)304.6498 06/24/2005 • DEPARTMENT OF PLANNING SERVICES a North Office Code Compliance Division 918 10th Street, Greeley, CO 80631 Website:e: WWW.CO.WELD.CO.US E-mail Address: asiron@co.weld.co.us ' Phone: (970) 353-6100, Ext. 3566 Fax: (970)304-6498 DC Southwest Office 4209 CR 24.5 COLORADO Longmont, CO 80504 Phone: (720) 652-4210, Ext. 8730 Fax: (720)652-4211 June 21, 2005 Ronald and Ann Hall 67164 CR 390 Hereford, CO 80732-0094 Subject: VI-0500228, Lot 21, Block 1, Unincorporated Town of Hereford, Weld County, Colorado Dear Mr. &Mrs. Hall: 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 commercial vehicle without the proper permits. Additionally, it appears that someone is staying in a camper/trailer. Unfortunately,there are no provisions in the code allowing this type of use. 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 ._ly, Ann Siron Zoning Compliance Officer pc:VI-0500228 Department of Planning Services SERVICE,TEAMWORK,INTEGRITY,QUALITY Weld County Department of r I� Planning Services Il`Dc Inspection Report COLORADO 918 10`° St Greeley, CO 80631 Date of Inspection: • (O CIS Permit/Case No.: VI -h 5 a Property Owner Name: 12.pn 4 CA. on 1.4(i II Address: Lc-lit/4 (Q 3l'1O Upon a(visual)(on-site)inspection of the property listed above,the following items were noted: s"f lll, (`(t b Ell: it C 1 (\ (, Ay/ I it lip t -i 1)-t . !� .d't-*24 l ) L( 'r-(1 e L-`) f r.rY Inspection by: ' 1 Contact Name: �.O../7 Contact Phone Number: 970-353-6100,Ext.3555 Copy of this ' : Pictures taken during inspection:‘,124:-;0 No a (act DEPARTMENT OF PLANNING SERVICES ' Code Compliance Division C 918 10'h Street, Greeley, CO 80631 Phone: (97O) 353-6100, Ext. 3540 Fax: (970) 304-6498 COLORADO ZONING and/or BUILDING CODE COMPLAINT FORMS Complaint Initiated byi V I —0500)47 ZONING CODE COMPLAINT ❑ Staff/Name: s Citizen 0 Other: O 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: i' - i r -:.;CM Pending Case#(i.e.USR,RE,SE, ect...): f Legal Description: L. t Mr i .�`( Parcel#(O4( —a i -n- 1 Violation Address: t( /)=-4- ,`-'{C�i Property Owners Name: at' '1r t ¢' r_L>^i } It G ,t Phone: r Property Owners Address: Pr' .�Y'eX. "� �a C+' P5t"A, 'fin z):11 Tenant's Name: Phone: Tenant's Address: NATURE OF COMPLAINT: t It.A Ill ylL . .C u �) A"CAALL.. krncliLA ';-16 A S n \;ti A\ lc_ A. 14r\ Additional Notes: • C'j'm, i�-, k' fro�yg� d >}� � :lo. _ pP f L : .41 _ 3R! L S F 0 r itN : 60500228 1 es 67164 WCA 390 HER �` �' at I;09002 T . RAPP.UCANT (HALL RONAL_&ANN s {3 j '' y 3. 4 y. q iy .�'4 .}-?i_.= t 'L t s y a G� J �:.#'�: i isaan9.P127l2005 „ �s � . .t� �t3 ▪ k ® O a i f� t i ', r � w. i� ii jj 1 .m't �y..w-�'a � p'{� .S a 1-77 �1 1 _x;�3 _.4, ..r:...a a`'�wx�d. -*- _.:," { `.. ,z a r�` a ??-77. !l o-y L say t�'N °wt4+' ' ` . I li'J F xi ka 1: d-i>?ctr "'der i i '' +.;,- r i �' -}T`� � Y ' (▪ �srcelNo ]4047 27-08'006 . �� _ .I e. Omer HALLPO DLSR&ANNG ,' �VAe w ▪ Sar -=,..; rrltehi,y JAMS f Sec7Twn/R 1271262 �-�� t 4E-ZE 3� t �' D scnpt 'tsEMI/GAB WIOUT USR CAMPER AS DWELLING UNIT '5�� : a.r.. Locatan 67164WCR390 WEl l LL -az{ on1ngDist. GRI :IinspectionAtee V4 PermitPJ,unrt _� £i App Type lvl z (8CV=LD14481O W-2;�7NiNG''V1O t ='+ ELD VID''4cv 4v+"h Class Code IVI 13 �. �USE..NOT ALLOWED .�. ' .. _.... ;.. t h .ComW�l.x106/16/2005 !nit s NO VI /_/__ to i Slay Latter. ! ! iwt. F ?▪ ' Issued:_J_! ,.:::14::,. i Inspeci6-e.1 /.__/— lnk. r .33 k:.C i 9 8 � L!`�! I ,� i i Court.}�/ / l -'7'-'-''.;' ,',5.,,,i,-,;;. ....0„,.:::.c.,.,,..ice .. . T.: :-., 4 1 . =ei= _ Closed 8 ! ! i (t# ClosedVl l_I ! S: I 33 ' T 3 � F .7:7,k.�9 i 4 t S { i :: F� FT‘F #.im r:' uE` : (,vim T ; i iii ' i : 4 t i } 1� axm. ,1c a '. i . e i . E t i xi .asi + y { I a t .e..� i s .e.:p .: ra'. s_�Je' u......S._ i :. r. Parcel 'Fable Maintenance11.1 '`047-11614 timq ni- eBlN a T 7i1-t! tO _ 4fiR , :e r _a x;'�- �m � _ f'k L 0s�r,.r F .- :':T ;.a ak. ' T cam. asA y "'d fi 1j ' a ._ x'17 ' ; 5 - -s_. .s.�ti.,, ~714,7, �- s .... �a-x my us � .tsn re "iii Sub o :m M ,- >H its Dr TrttiL e 4s 3 ( k r. a.. l,. s r a sr"Sr r L - , rn> u C 5 a=r,v s ..n-i`�- -xx-s� z,m 1..y"s`�r .: s �"•, ` ,- ` " 0.00 s: 2.24511; 1 67164 390 CH WELD s , 1 , In Q r [mod ` ^ Y y"o, l 7'+�v,is 2 ocoord.` a r '`, q .N e^ it a..... _ cl t:e-nv _fAi i' ®�: d .Gx ems,i r ` HALL RONALD L SR S ANN 6 PT BLK1 HEREFORD BEG SLY CDR L21 BLK1 ti' Hass 1 IP O BOX 94li :N51D36W 125'TO TPOB N38D24'E BO'S51D36'E -: a._v 125 N3BD24'E 124' N51D36W 540.56'936055 W "irMt e021HEREFORD CO 200.07' S51036E 410.38 TD PUB SITUS: 6716d 390 ': 3 i CR WELD k rg IIIIIINATAE e) :: m.. .,�:c: .. .,,. C F ku 4. z c wr"Ta7NS 607320094 ? ?"r,s r ' Use - v - _., . ! Phone�i TF 1204 r Ex � r ��C�1.:1� 41 tatus�ACTIVE , Owne i Ata il-7 4FIXM4 I ,vi? r £ 1 Identify Results Page 1 of 1 WELD COUNTY ASSESSOR PROPERTY PROFILE Account#: R8763800 Parcel#: 004127008006 Tax Area: 1204 Bordering County: v _osoG-a Acres: 2.24 Q Township Range Section Quart.Sec. Subdivison Name Block# Lot# 12 - 62 - 27 -0 HEREFORD- 1 - 1 Owners Name&Address: Property Address: HALL RONALD L SR&ANN G Street:67164 390 CR P O BOX 94 City: WELD HEREFORD, CO 80732-0094 Business/Complex: Sales Summary Sale Date Sale Price Deed Type Reception # $0 Legal Description PT BLK1 HEREFORD BEG SLY COR L21 BLK1 N51D36'W 125'TO TPOB N38D24'E 80'S51D36'E 125' N38D24'E 120' N51D36'W 540.56'S36D55'W 200.07' S51D36'E 410.38'TO POB SITUS: 67164 390 CR WELD Land Valuation Summary Land Type Abst Code Unit of Number of Actual Value Assessed Measure Units Value Commercial 4180 Acres 2.24 http://maps.merrick.com/Website/Weld/setSgl.asp?cmd=QUERY&DET=PP&pin=00412... 06/20/2005 1111111111111111111111111111 IIII 1111111 III IIII! ill/1111 2710917 00/02/19W 03:44P Weld County CO 1 of 14 R 70.00 D 0.00 JA kohl Taukenato WHEN RECORDED MAIL TO: FREMONT INVESTMENT 8 LOAN 175 N. RIVERVIEW DRIVE ANAHEIM, CA 92808 ]I�,l.y,cal-40R [Space Above This Line For Recording Dalai W�/`!'Tl (77 DEED OF TRUST THIS DEED OF TRUST("Security Instrument")is made on July 30, 1999 ,among the grantor, RONALD L. HALL, SR. AND ANN G. HALL ("Borrower"), the Public Trustee of WELD County("Trustee"),and the beneficiary, FREMONT INVESTMENT & LOAN ITS SUCCESSORS AND/OR ASSIGNS which is organized and existing under the laws of CALIFORNIA ,and whose address is 175 N. RIVERVIEW DRIVE, ANAHEIM CA 92808 ("Lender").Borrower owes Lender the principal sum of Fifty-Nine Thousand, Two Hundred Fifty and No/100 Dollars(U.S.$ 59,250.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument("Note"). which provides for monthly payments, with the full debt, if not paid earlier, due and payable on August 1, 2029 .This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note,with interest,and all renewals,extensions and modifications of the Note; (b) the payment of all other sums,with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument COLOrfADCF-Single Family-FNMAIFHLMC UNIFORM-INS-TRUMENT Form 3006 1/81 6 Y P apt. WV)R(CWV) Amaodntl591 .. [IIIIIIIIII�IVIIII�NI CAT a Arum VMF MORTGAGE FORMS-1Bnni521-7291 VIII Hilt uti 2710917 80/02/1999 03:44P Wald County CO 2 of 14 R 70.00 D 0.00 JR Suki Taudamoto and the Note. For this purpose,Borrower,in consideration of the debt and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in WELD SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART THEREOF County,Colorado: which has the address of 67164 WELD COUNTY ROAD 390, HEREFORD, ISimet City]. Colorado.80792 [Zip Codcl ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances,and fixtures now or hereafter a part of the property.All replacements and additions shall also be covered by this Security InstrumenL 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 grant and convey the Property and that the Property is unencumbered,except for encumbrances of record. Borrower warrants and will defend generally the tide to the Property against all claims and demands,subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: 1.Payment of Principal and Interest; Prepayment and Late Charges.Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender,Borrower shall pay to Lender on the day monthly payments are due under the Note,until the Note is paid in full,a sum("Funds")for (a)yearly taxes and assessments which may attain priority over this Security.Instrmment as.a.licn.on.the Property;(b). yearly leasehold payments or ground rents on the Property,if any;(c)yearly hazard or property insurance premiums;(d) yearly flood insurance premiums,if any;(e)yearly mortgage insurance premiums,if any;and(f)any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8,in lieu of the payment of mortgage insurance premiums.These items are called"Escrow Items."Lender may,at any time,collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time,12 U.S.C.Section 2601 et seq. ("RESPA"),unless another law that applies to the Funds sets a lesser amount If so,Lender may,at any time, collect and hold Funds in an amount not to exceed the lesser amount.Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits arc insured by a federal agency,instrumentality,or entity (imiuttirtg-Lcntier,if-Lender is such an institution)or in any Federal-Home Loan Bank.Lender shall apply the Funds to pay the Escrow Items.Lender may not charge Borrower for holding and applying the Funds,annually analyzing the escrow account,or verifying the Escrow Items,unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan,unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid,Lender shall not be required to pay Borrower any interest or earnings on the Funds.Borrower and Lender may agree in writing,however,that interest shall be paid on the Funds.Lender shall gave to Borrower,without charge,an annual accounting of the Funds,showing ®-6B(CO)(9]m) m Page 2 o18 Form 3006 1/91 1109 7 08 02/1919 sail IIII Mold C III ty C 2710917 08/02/1899 03:14P Yald County CO 3 of 14 R 70.00 D 0.00 JR Sukl Taukaoato "LEGAL DESCRIPTION" • Lots 1 through 19 and • Lots 24 through 33, Town of Hereford, Together with All that portion of Block 1, Townsite of Hereford, County of Weld, State, of Colorado, being more particularly described as follows: Beginning at the Southerly corner of Lot 21, Block 1, Townsite of Hereford, Weld County, Colorado, as filed for record as'reception No. 307155 in the Weld County records on September 19, 1919 and considering the Southwesterly line of said Block 1 as bearing North 51 degrees 36 minutes West and with all other • bearings contained-herein relative thereto; thence North 51 degrees 36 minutes West along said Southwesterly line of Block 1, 125.00 feet to the True-Point 'of Beginning; thence North 38 degrees 24 minutes East 80.00 feet; thence South 51 degrees 76 minutes East 125.00 feet along the extension of the lot line between Lots 19 and 20 to the common corner of Lots 19 and 20 and the southeasterly line of Block 1; thence North.38 degrees 24 minutes East along the Southeasterly Line of Block 1 a distance of 120.00 feet to a point 40.00 feet from the Easterly corner of Block 1; thence North 51 degrees 3fr minutes- West along a'. line that is parallel to and 40 foot distance from the Northeasterly line of Lots 6 through 18, Block 1, and a distance 540.56 feet to a point on an existing fence line; thence South 36 degrees 55 minutes 02 seconds West 200.07 feet to a point on the extension of the Southwesterly line of Block 1; thence South 51 degrees 36 minutes West along the extention of and the Southwesterly line of Block 1, a distance of 410.38 feet to the True-Point of Beginning, County of Weld, State of Colorado. WLEGAL 04/13/99 1 1111)111111111111111111 111111111111111 iii 11111)iii 1111 2710917 08/02/1999 03:44P Hold County CO 4 of 14 R 70.00 D 0.00 JR Suk! Twkonoto credits and debits to the Funds and the purpose for which each debit to the Funds was made.The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law,Lender shall account to Borrower for the excess-Funds in-aecordance-with.Ne-requirements of applicable-law:If the-amount-ofthtFutnts-inlet by Lender at any time is not sufficient to pay the Escrow Items when due,Lender may so notify Borrower in writing, and,in such case Borrower shall pay to Lender the amount necessary to make up the deficiency.Borrower shall make up the deficiency in no more than twelve monthly payments,at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument,Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property,shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3.Application of Payments. Unless applicable law provides otherwise,all payments received by Lender under paragraphs 1 and 2 shall he applied: first,to any prepayment charges due under the Note;second,to amounts payable urdcrlaragraplr2;-third;to-interest-due;fourth;to principal due;and last;to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments,charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2,or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph.If Borrower makes these payments directly,Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender;(b)contests in good faith the lien by,or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien;or(c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument.If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument,Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5.Hazard or Property Insurance.Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding,for which Lender requires insurance.This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld.If Borrower fails to maintain coverage described above,.Lender.may,-aLLender's.oplion,.obtain-coverage.to_protect_Lender's rights in the Property in accordancewith paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals.If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender.Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,insurance proceeds shall be applied to restoration or repair of the Property damaged,if the restoration or repair is economically feasible and Lender's security is not lessened.If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by this Security instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property,or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument,whether or not then due.The 30-day period will begin when the notice is given. moil)O >.6R(Co)(91071 Page g of a Form 3006 1/91 I MEP ill 111111111111liii IIII111101III11111IIII IIII 2710917 08/02/1999 03:44P Weld County CO 5 of 14 R 70.00 D 0.00 JA Sukl Taukamoto Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured-by this-Security-Instrument-immediately prior to the acquisition. 6. 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 Lender otherwise agrees in writing, which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate, or commit waste on the Property.Borrower shall be in default if any forfeiture action or proceeding,whether civil or criminal,is begun dwt in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate,as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination,precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. 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 Secunty Instrument is on a leasehold,Borrower shall comply with all the provisions of the lease.If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property.If Borrower fails to perform the 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,probate,for condemnation or forfeiture or to enforce laws or regulations), then lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument,appearing in court,paying reasonable attorneys'fees and entering on the Property to make repairs.Although Lender may take action under this paragraph 7,Lender does not have to do so. My amounts disbursed by Lender under this paragraph 7'shall-become-additional debt of Borrower secured by. this Security Instrument Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from the date of disbursement at the Note rate and shall he payable,with interest,upon notice from Lender to Borrower requesting payment. 8.Mortgage Insurance.If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument,Borrower shall pay the premiums required to maintain the mortgage insurance in effect.If,for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect.Lender will accept,use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required,at the option of Lender,if mortgage insurance coverage(in the amount and for the period that Lender requires)provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect,or to provide a loss reserve,until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. zty mw.a ✓fL ;:k ®-6R(CO)talon Page a at a Form 3006 1/91 m 1111M 11111 HIE 111111111111111111111 III 111111111 IIII 2710917 08/02/1999 03:44P Weld County CO 6 of 14 R 70.00 D 0.00 JR Sukl Taukemoto 9.Inspection.Lender or its agent may make reasonable entries upon and inspections of the Property.Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10.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 lieu of condemnation,are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with any excess paid to Borrower.In the event of a partial taking of the Property in which the fair market value of the Property immediately before the raking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately before the taking,divided by(b)the fair market value of the Property immediately before the taking.Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking,unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides,the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower,or if,after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given,Lender is authorized to collect and apply the Drocrrds.at its option,either to restoration or repair of the Property or to the sums secured by this Security Instrument,whether or not then due. Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for 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 successors 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 successors 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 17. 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 gmntand•convey that Borrower's.intcrest.in.thr_P_rnperty 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.Loan Charges.If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits,then: (a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower.Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower.If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14.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 other address Lender designates by notice orrower. Any Initials ®-6R(CO)197071 Page sal e elm 30 6 1I 1 • 111111111111111111111111 IIII IIII 1111111 III lu ll lull IIII 2710917 08/02/1999 03:44P Weld County CO 7 of 14 R 70.00 D 0.00 JA Suit! leukemia" 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. IS.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 provisions of this Security Instrument and the Note are declared to be severable. 16.Burrower's Copy.Borrower shall be given one conformed copy of the Note and of this Security Instrument 17.Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at its option,require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option,Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18.Borrower's Right to Reinstate.If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of:(a)5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures any default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument,including,but not limited to,reasonable attorneys' fees;and(d)takes such action as Lender may reasonably require to assure that the lien of this Security Instrument,Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower,this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19.Sale of Note;Change of Loan Servicer.The Note or a partial interest in the Note(together with this Security Instrument)may be sold one or more times without prior notice to Borrower.A sale may result in a change in the entity (known as the"Loan Servicer")that collects monthly payments due under the Note and this Security Instrument There also may be one or more changes of the Loan Servieerunrelated•to-a-sale of the Note.If there is a-change of.the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law.The notice will state the name and address of the new Loan Servicer and the address to which payments should be made.The notice will also contain any other information required by applicable law. 20.Hazardous Substances.Borrower shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Property.Borrower shall not do.nor allow anyone else to do,anything affecting the Property that is in violation of any Environmental Law.The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge.If Borrower learns,or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. I • OmSll(CO)ta707) Pape 6°te Form 006 • 1111111111111111111111111111 1111111 Milli I t l l 2710817 08/02/1080 03:44P Weld County CO 8 of 14 R 70.00 0 0.00 JA Suitt Taukamoto As used in this paragraph 20, "Hazardous Substances" arc those substances defined as toxic or hazardous substances by Environmental Law and the following substances:gasoline,kerosene,other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21.Acceleration;Remedies.Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a)the default;(b)the action required to cure the default•(c)•a-date,not-less-than-30-days.frnm-the.datethe notice is given to Borrower, by which the default must be cured; and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property.The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale.If the default is nut cured on or before the date specified in the notice,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 21,including,but not limited to,reasonable attorneys'fees and costs of title evidence. If Lender 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 14.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 facie 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. 22. 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 cancelled,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. 23.Waiver of Homestead.Borrower waives all right of homestead exemption in the Property. 24.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 he 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.[Check applicable box(es)1 Di Adjustable Rate Rider LI Condominium Rider F 1-4 Family Rider HH Graduated Payment Rider ElPlanned Unit Development Rider D Biweekly Payment Rider Balloon Rider LLI Rate Improvement Rider ❑Second Home Rider OVA Rider LI Other(s)[specify] inu Fo aten(00)t9707) Pap•7018 06 1/91 m 111111111111111111111111111 I I I I1111111 I I 1111111111 I I I! 2710917 08/02/1999 03:44? Nold County CO 9 of 14 R 70.00 D 0.00 .JA Suki Tlwkomot° BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s)executed by Borrower and recorded with it. Witnesses: .gip -et""��:C> .��tl� (Seal) RONALD L. HALL, SR. -Borrower r9fir/_1 N, ae./ (Seal) ANN G. HALL -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower STATE OF COLORADO, l �t-c L County ss: 2 i 7 torn • The foregoing instrument was acknowledged before me this ?)0-11-) day of /IV t-71 'by `irrCdCk 1, �.,a) Sr- cunt! Co n r) Witness-myhand and offtc(iial.seaL. ),� ,� '� 1J I My Commission Expires • - ) 5 Dom,l �� ("`r,a /\ '�) Notary Public ®-6R(CC)(9707) Pais a al a Form 3005 1/91 0 1111111111111111111111 IIII lilt 1111111 iii 111111 III till 2710917 09/02/1999 03:44P Weld County CO 10 of 14 R 70.00 0 0.00 JA Sukl Taukamoto ADJUSTABLE RATE RIDER THIS ADJUSTABLE RATE RIDER is made this 30th day of July , 1999 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument")of the same date given by the undersigned(the"Borrower")to secure Borrower's Adjustable Rate Note(the"Note")to FREMONT INVESTMENT 6 LOAN (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 67164 WELD COUNTY ROAD 390, HEREFORD, CO 80732 Property Address' THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY, INTEREST RATE AND MY MONTHLY PAYMENT. INCREASES IN THE INTEREST RATE WILL RESULT IN HIGHER PAYMENTS. DECREASES IN THE INTEREST RATE WILL RESULT IN LOWERW PAYMENTS: ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument,Borrower and Lender further covenant and agree as follows: A.INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 8.990 %.The Note provides for changes in the interest rate and the monthly payments,as follows: MULTISTATE ADJUSTABLE RATE RIDER-Single Family IIu1, II III N'II III 11 0-og9U I9r9q 1/97 E. IHI III YII I,N Page I of InIIIYI Oil VMP MORToAOE FORMS-IB0e162 -7291 Hello