HomeMy WebLinkAbout20042118.tiff RESOLUTION
RE: APPROVE IMPROVEMENTS AGREEMENT ACCORDING TO POLICY REGARDING
COLLATERAL FOR IMPROVEMENTS(PRIVATE ROAD MAINTENANCE),AUTHORIZE
CHAIR TO SIGN,AND ACCEPT COLLATERAL FOR MINOR SUBDIVISION,MF#1001 -
W. B. FARMS ESTATES, LLC
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, on March 24, 2004, the Board of County Commissioners approved a Minor
Subdivision Final Plan, MF#1001, for Eight(8) Estate Zoned Lots for W. B. Farms Estates, LLC,
13388 Weld County Road 80, Eaton, Colorado 80615,on the following described real estate,to-wit:
LotA of Recorded Exemption#3473; being part of the
NW1/4 of Section 20, Township 7 North, Range 66
West of 6th P.M., Weld County, Colorado
WHEREAS,pursuant to certain Conditions of Approval,the Board has been presented with
an Improvements Agreement According to Policy Regarding Collateral for Improvements(Private
Road Maintenance) between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County,and W. B. Farms Estates, LLC,with terms and conditions
being as stated in said agreement, and
WHEREAS,the Board has been presented with a Deed of Trust for LotA of RE#3473, being
located in the NW 1/4/4 of Section 20,Township 7 North, Range 66 West of the 6th P.M., and Lots 2-
8, W. B. Farm Estates Minor Subdivision, MF 31001, all in Weld County, Colorado, in an amount
valued at $163,600.00, and
WHEREAS, after review, the Board deems it advisable to approve said agreement and
accept said Deed of Trust as stated above, copies of which are attached hereto and incorporated
herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the Improvements Agreement According to Policy Regarding Collateral for
Improvements(Private Road Maintenance)between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and W. B. Farms Estates, LLC, be,
and hereby is, approved.
BE IT FURTHER RESOLVED that the Deed of Trust described above be and hereby is,
accepted.
2004-2118
PL1651
ct4 ; et/"et-if of1i-o�/
IMPROVEMENTS AGREEMENT -W. B. FARMS ESTATES, LLC
PAGE 2
The above and foregoing Resolution was,on motion duly made and seconded, adopted by
the following vote on the 26th day of July, A.D., 2004.
BOARD OF COUNTY COMMISSIONERS
sad � WELD COUNTY, COLORADO
Robert D. asden, Chair
1%61t lerk to the Board
nor
Ch Fit%�� / William H. rke, Pro-Tern
` .eputy Clerk to the Board
M. J. ile
APP AST L:
David E. Long
my Attorne
EXCUSED
Glenn Vaad
Date of signature: 5 —6"--
2004-2118
PL1651
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IMPROVEMENTS AGREEMENT ACCORDING TO
953 POLICY REGARDING COLLATERAL FOR IMPROVEMENTS
(PRIVATE ROAD MAINTENANCE)
THIS AGREEMENT, made and entered into this Q6 day of a�CGYaa:/ , 2004, by and
between the County of Weld,State of Colorado,acting through its Board of County Commissioners,hereinafter
called"County,@ and W.B.Farms Estates,LLC hereinafter called"Applicant."
WITNESSETH:
WHEREAS,Applicant is the owner of,or has a controlling interest in the following described property
in the County of Weld,Colorado:
W.B. Farms Estates,aka Lot B of Recorded Exemption 0707-20-2-RE1563,Dated June 26,2003.
WHEREAS,a Final Subdivision/Planned Unit Development(PUD)plat of said property,to be known
as W.B.Farms Estates has been submitted to the County for approval,and
WHEREAS,relevant Sections of the Weld County Code provide that no Subdivision Final Plat,Planned
Unit Development Final Plat,or Site Plan shall be approved by the County until the Applicant has submitted a
Subdivision Improvement Agreement guaranteeing the construction of the public improvements shown on plans,
plats and supporting documents of the Subdivision Final Plat,Planned Unit Development Final Plat,or Site Plan,
which improvements, along with a time schedule for completion, are listed in Exhibits AA@ and AB@ of this
Agreement.
NOW,THEREFORE,IN CONSIDERATION OF the foregoing and of the acceptance and approval
of said Final Plat,the parties hereto promise,covenant and agree as follows:
1.0 Engineering Services: Applicant shall furnish,at its own expense,all engineering services in
connection with the design and construction of the Subdivision or Planned Unit Development
improvements listed on Exhibit AA,@ which is attached hereto and incorporated herein by
reference.
1.1 The required engineering services shall be performed by a Professional Engineer and
Land Surveyor registered in the State of Colorado,and shall conform to the standards
and criteria established by the County for public improvements.
1.2 The required engineering services shall consist of, but not be limited to, surveys,
designs,plans and profiles,estimates,construction supervision,and the submission of
necessary documents to the County.
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1.3 Applicant shall furnish drawings and cost estimates for roads within the Subdivision or
Planned Unit Development to the County for approval prior to the letting of any
construction contract. Applicant shall furnish one set of reproducible "as-built"
drawings and a final statement of construction cost to the County.
2.0 Rights-of-Way and Easements: Before commencing the construction of any improvements
herein agreed upon,Applicant shall acquire,at its own expense,good and sufficient rights-of-
way and easements on all lands and facilities traversed by the proposed improvements.
3.0 Construction: Applicant shall furnish and install, at its own expense, the Subdivision or
Planned Unit Development improvements listed on Exhibit AA,@ which is attached hereto and
incorporated herein by reference,according to the construction schedule set out in Exhibit AB@
which is also attached hereto and incorporated herein by reference.
3.1 Said construction shall be in strict conformance to the plans and drawings approved by
the County and the specifications adopted by the County for such public improvements.
Whenever a Subdivision or Planned Unit Development is proposed within three miles
of an incorporated community located in Weld County or located in any adjacent
county,the Applicant shall be required to install improvements in accordance with the
requirements and standards that would exist if the plat were developed within the
corporate limits of that community. If the incorporated community has not adopted
such requirements and standards at the time the Subdivision or Planned Unit
Development is proposed, the requirements and standards of the County shall be
adhered to. If both the incorporated community and the County have requirements and
standards,those requirements and standards that are more restrictive shall apply.
3.2 Applicant shall employ, at its own expense, a qualified testing company previously
approved by the County to perform all testing of materials or construction that is
required by the County; and shall furnish copies of test results to the County.
3.3 At all times during said construction,the County shall have the right to test and inspect,
or to require testing and inspection of material and work at Applicant's expense. My
material or work not conforming to the approved plans and specifications shall be
removed and replaced to the satisfaction of the County at Applicant's expense.
3.4 Applicant shall furnish proof that proper arrangements have been made for the
installation of sanitary sewer or septic systems, water, gas, electric and telephone
services.
3.5 Said Subdivision or Planned Unit Development improvements shall be completed,
according to the terms of this Agreement,within the construction schedule appearing in
Exhibit AB.@ The Board of County Commissioners, at its option, may grant an
extension of the time of completion shown on Exhibit AB@ upon application by the
Applicant subject to the terms of Section 6 herein.
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4.0 Release of Liability: Applicant shall indemnify and hold harmless the County from any and all
liability loss and damage County may suffer as a result of all suits,actions or claims of every
nature and description caused by,arising from,or on account of said design and construction of
improvements,and pay any and all judgments rendered against the County on account of any
such suit,action or claim,together with all reasonable expenses and attorney fees incurred by
County in defending such suit,action or claim whether the liability,loss or damage is caused by,
or arises out of the negligence of the County or its officers, agents, employees, or otherwise
except for the liability,loss,or damage arising from the intentional torts or the gross negligence
of the County or its employees while acting within the scope of their employment. All
contractors and other employees engaged in construction of the improvements shall maintain
adequate worker's compensation insurance and public liability insurance coverage, and shall
operate in strict accordance with the laws and regulations of the State of Colorado governing
occupational safety and health.
(THERE IS NO SECTION 5)
6.0 Approval of Streets by the County: Upon compliance with the following procedures by the
Applicant,streets within a Subdivision or Planned Unit Development may be approved by the
County as public roads and will be maintained and repaired by a Homeowners Association or,in
its absence,the owners of lots within the Subdivision or Planned Unit Development.
6.1 If desired by the County, portions of street improvements may be placed in service
when completed according to the schedule shown on Exhibit AB,@ but such use and
operation shall not constitute an approval of said portions.
6.2 County may, at its option, issue building permits for construction on lots for which
street improvements detailed herein have been started but not completed as shown on
Exhibit AB,@ and may continue to issue building permits so long as the prog css of
work on the Subdivision or Planned Unit Development improvements in that phase of
the development is satisfactory to the County; and all terms of this Agreement have
been faithfully kept by Applicant.
6.3 Upon completion of the construction of streets within a Subdivision or Planned Unit
Development and the filing of a Statement of Substantial Compliance,the applicant(s)
may request in writing that the County Engineer inspect its streets and recommend that
the Board of County Commissioners partially approve them. Not sooner than nine
months after partial approval,the County Engineer shall,upon request by the applicant,
inspect the subject streets,and notify the applicant(s)of any deficiencies. The County
Engineer shall reinspect the streets after notification from the applicant(s) that any
deficiencies have been corrected. If the County Engineer finds that the streets are
constructed according to County standards,he or she shall recommend full approval.
Upon a receipt of a positive unqualified recommendation from the County Engineer for
approval of streets within the development,the Board of County Commissioners shall
fully approve said streets as public but with private pay.
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7.0 General Requirements for Collateral:
7.1 The value of all collateral submitted to Weld County must be equivalent to One-
.
Hundred percent(100%)of the value of the improvements as shown in this Agreement.
Prior to Final Plat approval, the applicant shall indicate which of the five types of
collateral preferred to be utilized to secure the improvements subject to final approval
by the Board of County Commissioners and the execution of this Agreement.
Acceptable collateral shall be submitted and the plat recorded within six(6)months of
the Final Plat approval. If acceptable collateral has not been submitted within six(6)
months then the Final Plat approval and all preliminary approvals shall automatically
expire. Applicant may request that the County extend the Final Plat approval provided
the cost estimates are updated and the development plans are revised to comply with all
current County standards, policies and regulations. The improvements shall be
completed within one (1) year after the Final Plat approval (not one year after
acceptable collateral is submitted) unless the applicant(s) requests that this
Agreement be renewed at least thirty (30) days prior to its expiration and further
provides that cost estimates for the remaining improvements are updated and
collateral is provided in the amount of One-Hundred percent(100%)of the value of
the improvements remaining to be completed. If improvements are not completed and
the agreement not renewed within these time frames,the County,at its discretion,may
make demand on all or a portion of the collateral and take steps to see that the
improvements are made.
7.2 The applicant may choose to provide for a phased development by means of
designating filings of a Planned Unit Development Final Plat or Subdivision Final Plat.
The applicant would need only to provide collateral for the improvements in each filing
as approved. The County will place restrictions on those portions of the property that
are not covered by collateral which will prohibit the conveyance of the property or the
issuance of building permits until collateral is provided or until improvements are in
place and approved pursuant to the requirements for a Request for Release of
Collateral.
7.3 The applicant intends to develop in accordance with Exhibits AA@ and AB.@
8.0 Improvements Guarantee: The five types of collateral listed below are acceptable to Weld
County subject to final approval by the Board of County Commissioners.
8.1 An irrevocable Letter of Credit from a Federal or State licensed financial institution on
a form approved by Weld County. The Letter of Credit shall state at least the
following:
8.1.1 The Letter of Credit shall be in an amount equivalent of One-Hundred percent
(100%)of the total value of the improvements as set forth in Section 6.0 and
Exhibits AA@ and AB.@
8.1.2 The Letter of Credit shall provide for payment upon demand to Weld County
if the developer has not performed the obligations specified in the
Improvements Ay cement and the issuer has been notified of such default.
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8.1.3 The applicant may draw from the Letter of Credit in accordance with the
provisions of this policy.
8.1.4 The issuer of the Letter of Credit shall guarantee that, at all times the
unreleased portion of the Letter of Credit shall be equal to a minimum of One-
Hundred percent(100%)of the estimated costs of completing the uncompleted
portions of the required improvements, based on inspections of the
development by the issuer. In no case shall disbursement for a general
improvement item exceed the cost estimate in the Improvements Agreement
(i.e., streets, sewers, water mains and landscaping, etc.). The issuer of the
Letter of Credit will sign the Improvements Agreement acknowledging the
agreement and its cost estimates.
8.1.5 The Letter of Credit shall specify that fifteen percent(15%)of the total Letter
of Credit amount cannot be drawn upon and will remain available to Weld
County until released by Weld County.
8.1.6 The Letter of Credit shall specify that the date of proposed expiration of the
Letter of Credit shall be either the date of release by Weld County of the final
fifteen percent (15%), or one year from the date of Final Plat approval,
whichever occurs first. Said letter shall stipulate that,in any event,the Letter
of Credit shall remain in full force and effect until after the Board has received
sixty (60) days written notice from the issuer of the Letter of Credit of the
pending expiration. Said notice shall be sent by certified mail to the Clerk to
the Board of County Commissioners.
8.2 Trust Deed upon all or some of the proposed development or other property acceptable
to the Board of County Commissioners provided that the following are submitted:
8.2.1 In the event property within the proposed development is used as collateral,an
appraisal is required of the property in the proposed development by a
disinterested Member of the American Institute of Real Estate Appraisers
(M.A.I.) indicating that the value of the property encumbered in its current
degree of development is sufficient to cover One-Hundred percent(100%)of
the cost of the improvements as set forth in the Improvements Agreement plus
all costs of sale of the property.
8.2.2 In the event property other than the property to be developed has been
accepted as collateral by Weld County, then an appraisal is required of the
property by a Member of the Institute of Real Estate Appraisers (M.A.I.)
indicating that the value of the property encumbered in its current state of
development is sufficient to cover One-Hundred percent(100%)of the cost of
the improvements as set forth in the Improvements Agreement plus all costs of
sale of the property.
8.2.3 A title insurance policy insuring that the Trust Deed creates a valid
encumbrance which is senior to all other liens and encumbrances.
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8.2.4 A building permit hold shall be placed on the encumbered property.
•
8.3 Escrow Agreement that provides at least the following:
8.3.1 The cash in escrow is at least equal to One-Hundred percent(100%) of the
amount specified in the Improvements Agic,,ulent.
8.3.2 The escrow agent guarantees that the escrowed funds will be used for
improvements as specified in the agreement and for no other purpose and will
not release any portion of such funds without prior approval of the Weld
County Board of Commissioners.
8.3.3 The escrow agent will be a Federal or state-licensed bank or financial
institution.
8.3.4 If Weld County determines there is a default of the Improvements Agreement,
the escrow agent, upon request by the County, shall release any remaining
escrowed funds to the County.
8.4 A surety bond given by a corporate surety authorized to do business in the State of
Colorado in an amount equivalent to One-Hundred percent(100%)of the value of the
improvements as specified in the Improvements Agreement.
8.5 A cash deposit made with the County equivalent to One-Hundred percent(100%)ofthe
value of the improvements.
9.0 Request for Release of Collateral: Prior to release of collateral for the entire project or for a
portion of the project by Weld County,the Applicant must present a Statement of Substantial
Compliance from an Engineer registered in Colorado that the project or a portion of the project
has been completed in substantial compliance with approved plans and specifications
documenting the following:
9.1 The Engineer or his representative has made regular on-site inspections during the
course of construction and the construction plans utilized are the same as those
approved by Weld County.
9.2 Test results must be submitted for all phases of this project as per Colorado
Department of Transportation Schedule for minimum materials sampling,testing and
inspections found in the Colorado Department of Transportation(CDOT)Materials
Manual.
9.3 "As built"plans shall be submitted at the time the letter requesting release of collateral
is submitted. The Engineer shall certify that the project "as-built" is in substantial
compliance with the plans and specifications as approved, or that any material
deviations have received prior approval from the County Engineer.
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9.4 The Statements of Substantial Compliance must be accompanied,if appropriate,by a
letter of acceptance of maintenance and responsibility by the appropriate utility
company, special district or town for any utilities.
9.5 A letter must be submitted from the appropriate Fire Authority indicating the fire
hydrants are in place in accordance with the approved plans. The letter shall indicate if
the fire hydrants are operational and state the results of fire flow tests.
9.6 The requirements in paragraphs 9.0 thru 9.5 shall be noted on the final construction
plans.
9.7 Following the submittal of the Statement of Substantial Compliance and
recommendation of approval of the streets by the County,the applicant(s)may request
release of the collateral for the project or portion of the project by the Board. This
action will be taken at a regularly scheduled public meeting of the Board.
9.8 The request for release of collateral shall be accompanied by"Warranty Collateral"in
the amount of fifteen percent(15%)of the value of the improvements as shown in this
Agreement excluding improvements fully accepted for maintenance by the responsible
governmental entity, special district or utility company.
9.9 The warranty collateral shall be released to the applicant upon final approval by the
Board of County Commissioners.
10.0 Public Sites and Open Spaces: When the Board of County Commissioners, pursuant to a
rezoning, Subdivision or Planned Unit Development, requires the dedication, development
and/or reservation of areas or sites other than Subdivision or Planned Unit Development streets
and utility easements of a character, extent and location suitable for public use for parks,
greenbelts or schools, said actions shall be secured in accordance with one of the following
alternatives,or as specified in the Planned Unit Development(PUD)Plan, if any:
10.1 The required acreage as may be determined according to the Weld County Subdivision
Regulations shall be dedicated to the County or the appropriate school district,for one
of the above purposes. Any area so dedicated shall be maintained by the County or
school district.
10.2 The required acreage as determined according to Chapter 24 of the Weld County Code,
may be reserved through deed restrictions as open area,the maintenance of which shall
be a specific obligation in the deed of each lot within the Subdivision or Planned Unit
Development.
10.3 In lieu of land,the County may require a payment to the County in an amount equal to
the market value at the time of Final Plat submission of the required acreage as
determined according to Chapter 24 of the Weld County Code. Such value shall be
determined by a competent land appraiser chosen jointly by the Board and the
Applicant. The cash collected shall be deposited in an escrow account to be expended
for parks at a later date.
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11.0 Successors and Assigns: This Agreement shall be binding upon the heirs,executors,personal
representatives, successors and assigns of the Applicant, and upon recording by the County,
shall be deemed a covenant running with the land herein described,and shall be binding upon
the successors in ownership of said land.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed on the day
and year first above written.
APPLICANT:
APPLICANT: M5 11'u wu
Subscribed and sworn to before me this 1/ of�. •
Y a + 4)204. • i
UDY L. ;�
R YB RN t
My Commission expires: _ ;; '•k 'N
sLary '1.,li •aQY
�\LU oL �.S �� o or .
ATTEST: iate tlii j was , BOARD OF COUNTY COMMISSIONERS
E L :2, WELD COUNTY,COLORADO
Weld County Clerk to the Board t II6V4! $) 4kk
BY: t AA
ik % , Robert D. Masden , Chair 07/26/2004
e i .ice_ .. �.iA3. �p , —.
eputy Clerk to the Board
APPROVED AS TO FORM:'
ty At orney
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EXHIBIT "A"
Name of Subdivision
or Planned Unit Development: W.B. Farms Estates
Filing: N/A
Location: South of WCR 80 between WCR 27 and WCR 29 `do
s o
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision
or Planned Unit Development the following improvements. (Leave spaces blank where they do not apply) O on
WEEv
Improvements
p Quantity Units Unit Estimated
Costs Construction Cost — c c
Site grading 9300 sq. yds. 1.50 $13,950.00 s c
Street grading 9300 sq. yds. 2.40 $22,320.00 sr,
Street base(Included in Street Grading above)
Street paving e N
Curbs,gutters,and culverts o
Sidewalk S o
Storm sewer facilities l 0 O
Retention ponds S N c
Ditch Improvements —N a
tg
Subsurface drainage c
Sanitary sewers c3
InTrunk and forced lines =
irmiN
Mains m a
Laterals(house connected)
On-site sewage facilities
On-site water supply and storage
Water Mains(includes bore) 2225 if 21.20 $47,170.00
Fire hydrants 1 ea 3048.50 $ 3,048.00
Survey and street monuments and boxes 1 ls 6880.00 $ 6,880.00
Street lighting
Street Names/Stop Signs 2 is $ 700.00
Fencing requirements
Landscaping 1 ls $16,000.00
Park improvements
Road culvert 105 if 57.20 $ 6,006.00
Grass lined swale
Telephone
Gas
Electric 1 ls $37,542.00
Water transfer
SUB-TOTAL: $153,616.00
Engineering and Supervision Costs$10,000.00
(Testing,inspection, as-built plans and work in addition to preliminary and final plat; supervision of actual
construction by contractors)
TOTAL ESTIMATED COST OF IMPROVEMENTS AND SUPERVISION $163,616.00
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The above improvements shall be constructed in accordance with all County requiiciuents and specifications,and
conformance with this provision shall be determined solely by Weld County,or its duly authorized agent.
Said'im vemeamPt
ed according to the construction schedule set out in Exhibit AB.@
By:
A cant
/1/46114
Applicant
Date: I / I G ,2004.
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
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EXHIBIT AB@
Name of Subdivision
or Planned Unit Development: W.B.Farms Estates
d
Filing: N/A — v
sssss� v
Location: South of WCR 80 between WCR 27 and WCR 29. — x
_ m
Intending to be legally bound,the undersigned Applicant hereby agrees to provide throughout this Subdivision or �" 2
Planned Unit Development the following improvements. c
= =
0 Le
All improvements shall be completed within one(1)years from the date of approval of the final plat.Construction _eJ
�gg
of the improvements listed in Exhibit AA@ shall be completed as follows: „ „
3 iu
(Leave spaces blank where they do not apply.)
ENO
o o
Improvements Time for Completion
.-e
Site grading April 15,2004(est) —-N o
Street base May 01,2004(est) —co to
Street paving N/A n ac
Curbs,gutters,and culverts May 01,2004(est) co
Sidewalk N/A —
Storm sewer facilities N/A N T
Retention ponds April 15,2004(est) `�'
Ditch improvements April 15,2004(est)
Subsurface drainage May 01,2004(est)
Sanitary sewers N/A
Trunk and forced lines N/A
Mains N/A
Laterals(house connected) N/A On-
site sewage facilities N/A
On-site water supply and storage May 15,2004(est)
Water mains June 15,2004(est)
Fire hydrants June 15,2004(est)
Survey and street monuments and boxes July 1,2004(est)
Sheet lighting N/A
Street name signs July 1,2004 (est)
Fencing requirements July 15,2004(est)
Landscaping August 1,2004(est)
Park improvements N/A
Road culvert May 10,2004(est)
Grass lined swale August 1,2004(est)
Telephone July 1,2004(est)
Gas N/A
Electric July 1,2004(est)
Water Transfer July 1,2004(est)
SUB-TOTAL:
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The County,at its option,and upon the request of the Applicant,may grant an extension of time for
completion for any particular improvements shown above, upon a showing by the Applicant that the above
schedule cannot be met.
By:
Ap
l�' t
Applicant 612t
Date: I A4 ,2004.
(If corporation,to be signed by President and attested to by Secretary,together with corporate seal.)
11111111111111111111111111111 III 1111111 III 111111 III till
3202953 07/28/2004 09:24A Weld County, CO
12 of 13 R 66.00 0 0.00 Steve Moreno Clerk& Recorder
12
Revised 07/01/2002
C:\DOCUMENTS AND SETTINGS\BRETT RILL\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLK41\ROAD
AEI 11111 111111111111 11111 III 1111111 III 111111 III IIII
3202953 07/28/2004 09:24A Weld County, CO
13 of 13 R 66.00 D 0.00 Steve Moreno Clerk& Recorder
IN WIT SS WHEREOF the parties hereto have signed this Agreement this 72 day
of , 2004.
W.B. Farms, LLC, A Colorado Limited
Liability Company
-6crd
By: Carl V. Hill, member
kA A-61-4_
By: West Brett Hill, Member
State of Colorado )
)ss.
County of Weld )
le
The foregoing instrument was acknowledged before me on this z7 day of�
2004, by W. B. Farms, LLC, A Colorado Limited Liability Company By Carl Hill,
member and Wesley Brett Hill, Member
Witness my hand and official seal.
My Commission expires: 3/6/07
Notary Public
CHARION GREENSMITH
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires Mar.6,2007
JUL-20-04 TUE 09 :39 AM WELD COUNTY PUBLIC WKS7 FAX:9703046497 PAGE 2
MEMORANDUM
TO: Sheri Lockman, Planner II DATE: 12/5/2O03
J
FROM: Donald Carroll, Engineering Administrator OP
O .
SUBJECT: MF-1001, W. B. Farms Estates LLC
C0�. 4� D0
I have reviewed the Improvements Agreement According to Policy Regarding Collateral for
Improvements (private road maintenance) utilizing the plat drawing to verify quantities and unit
cost for 1 h estimated construction. All the transportation items appear to be adequate to
complete the project.
I have verified with Jim Rawson, representative for the developer, that the street base item is
inc aided n the street grading estimate. I have verified these numbers and agree with Mr.
Rawson.
I indicate:i`that a stop sign and a street name signs are required at the entrance and intersection
to the development. Mr. Rawson agreed to place the signs.
. The second agreement for.Improvements to WCR 8O for Road Stabilization and Dust Control
was reviewed. In verified the approximate road length on WCR 80. and the 25% of the cost
towards stabilizing the road.
The developer agrees to escrow monies as each lot is sold for$1812.50, and the total for all lots
of $14,500- I have verified the number of lots per the escrow sales.
The Welt County Public Works Department recommends acceptance of both agreements.
All .other, non-transportation items identified in Exhibit "A" should be verified by Planning
Services prior to scheduling.
pc: Pete- Sheri
MF-;. 001
M:\PLANNINf+7MF-1
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.
DEED OF TRUST
(Due on Transfer- Strict)
THIS DEED OF TRUST is made on this day of July 22. 2004 ,between
W. B. FARMS. LLC. A COLORADO LIMITED LIABILITY COMPANY (Borrower),
whose address is 13388 WCR 80 , EATON, CO 80615
and the Public Trustee of the County in which the Property(see paragraph 1)is situated(Trustee);for the benefit of
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY (Lender),
whose address is 915 TENTH STREET
Borrower and Lender covenant and agree as follows:
1.Property in Trust. Borrower,in consideration of the indebtedness herein recited and the trust herein created,hereby grants
and conveys to Trustee in trust,with power of sale,the following described property located in the
County of WELD ,State of Colorado:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
which has the address of VACANT LAND WELD COUNTY ROAD 80, EATON, CO 80615
(Complete Address)
(Property Address),together with all its appurtenances(Property).
2.Note;Other Obligations Secured. This Deed of Trust is given to secure to Lender:
A.the repayment of the indebtedness evidenced by Borrower's note(Note)dated July 22. 2004
in the principal sum of *** One Hundred Sixty Three Thousand Six Hundred Sixteen and 00/100 ***
U.S.Dollars,with interest on the unpaid principal balance from July 26, 2004 ,until
paid,at the rate of -0- percent per annum,with principal and interest payable at
915 TENTH STREET
or such other place as the Lender may designate,in SEE TERMS BELOW ** payments of:
*** N/A and /100 *** Dollars(U.S. N/A
due on the ** day of **
beginning ;such payments to continue until the entire indebtedness evidenced
by said Note is fully paid;however,if not sooner paid,the entire principal amount outstanding and accrued interest thereon,
shall be due and payable on July 26. 2005
** PERFORMANCE OF THE OBLIGATIONS CONTAINED IN IMPROVEMENTS AGREEMENT AT RECEPTION
and Borrower is to pay to Lender a late charge of N/A %of any payment not received by the Lender
within NA days after payment is due;and Borrower has the right to prepay the principal amount
outstanding under said Note,in whole or in part,at any time without penalty except
NA
B.the payment of all other sums,with interest thereon at N/A %per annum,disbursed by Lender in
accordance with this Deed of Trust to protect the security of this Deed of Trust;and
C.the performance of the covenants and agreements of Borrower herein contained.
3.Title. Borrower covenants that Borrower owns and has the right to grant and convey the Property,and warrants title to
the same,subject to general real estate taxes for the current year,easements of record or in existence,and recorded declarations,
restrictions,reservations and covenants,if any,as of this date and except
4.Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and interest on the indebtedness
evidenced by the Note,and late charges as provided in the Note and shall perform all of Borrower's other covenants contained
in the Note.
5.Application of Payments.All payments received by Lender under the terms hereof shall be applied by Lender first in paymen
of amounts due pursuant to paragraph 23(Escrow Funds for Taxes and Insurance),then to amounts disbursed by Lender pursuant
to paragraph 9(Protection of Lender's Security),and the balance in accordance with the terms and conditions of the Note.
The printed portions of this form approved by the Colorado Real Estate Commission(TD72-7-96)
No. TD72-7-96.I DEED OF TRUST(DUE ON TRANSFER-STRICT)
Borrower(s) Page 1 of 4 FC25043634 Lender(s)
RETURN TO: WELD COUNTY BOARD OF COUNTY COMMISSIONERS
915 TENTH STREET
GREELEY, CO 80632
EXHIBIT A
A PORTION OF THE FOLLOWING: (SEE REQUIREMENTS) ❑
LOT A OF RECORDED EXEMPTION NO. 0707-20-2-RE3473, BEING LOCATED IN THE NW 1/4
OF SECTION 20, TOWNSHIP 7 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF
WELD, STATE OF COLORADO, ACCORDING TO MAP RECORDED JUNE 26, 2003 AT RECEPTION
NO. 3077752. ❑
TO BE KNOWN AS: ❑
LOTS 2-8, WB FARM ESTATES, MINOR SUBDIVISION-MS-1001, COUNTY OF WELD, STATE OF
COLORADO
R25043634
6. Prior Mortgages and Deeds of Trust;Charges,.Liens. Borrower shall perform all of Borrower's obligations under any prior
deed of trust and any other prior liens.Borrower shall pay all taxes,assessments and other charges,fines and impositions
attributable to the Property which may have or attain a priority over this Deed of Trust,and leasehold payments or ground rents,
if any,in the manner set out in paragraph 23(Escrow Funds for Taxes and Insurance)or if not required to be paid in such
manner,by Borrower making payment when due,directly to the payee thereof.Despite the foregoing,Borrower shall not be
required to make payments otherwise required by this paragraph if Borrower,after notice to Lender,shall in good faith contest
such obligation,by or defend enforcement of such obliation in, legal proceedings which operate to prevent the enforcement of
the obligation or forfeiture of the Property or any part thereof,only upon Borrower making all such contested payments and
other payments as ordered by the court to the registry of the court in which such proceedings are filed.
7. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Properly insured against
loss by fire or hazards included within the term"extended coverage"in an amount at least equal to the lesser of(1)the insurable
value of the Property or(2)an amount sufficient to pay the sums secured by this Deed of Trust as any prior incumbrances on the
Property.All of the foregoing shall be known as"Property Insurance".
The insurance carrier providing the insurance shall be qualified to write Property Insurance in Colorado and shall be chosen by
Borrower subject to Lender's nght to reject the chosen carrier for reasonable cause.All insurance policies and renewals thereof
shall include a standard mortgage clause in favor of Lender,and shall provide that the insurance carrier shall notify Lender at
least ten(10)days before cancellation,termination or any material change of coverage.Insurance policies shall be furnished to
Lender at or before closing.Lender shall have the right to hold the policies and renewals thereof.
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.
Insurance proceeds shall be applied to restoration or repair of the Property damaged,provided such restoration or repair is
economically feasible and the security of this Deed of Trust is not thereby impaired.If suchrestoration or repair is not
economically feasible or if the security of this Deed of Trust would be impaired,the insurance proceeds shall be applied to the
sums secured by this Deed of Trust,with the excess,if any,paid to Borrower.If the Property is abandoned by Borrower or if
Borrower fails to respond to Lender within 30 days from the date notice is given in accordance with paragraph 16(Notice)by
Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits. Lenders authorized to collect and
apply the insurance proceeds,at Lender's option,either to restoration or repair of the Property or to the sums secured by this
Deed of Trust.
Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in
paragraphs 4(Payment of Principal and Interest)and 23(Escrow Funds for Taxes and Insurance)or change the amount of such
installments. Notwithstanding anything herein to the contrary,if under paragraph 18(Acceleration;Foredosure•Other Remedies)
the Property is acquired by Lender,affright,title and interest of Borrower any insurance policies and in and to die proceeds
thereofresulting from damage to the Property prior to the sale or acquisition shall pass to Lender to the extent of the sums
secured by this Deed of Trust immediately prior to such sale or acquisition.
All of the rights of Borrower and Lender hereunder with respect to insurance carriers,insurance policies and insurance proceeds
I are subject to the rights of any holder of a prior deed of trust with respect to said insurance carriers,policies and proceeds.
18. Preservation and Maintenance of Property.Borrower shall keep the Property in good repair and shall not commit waste or
permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of Trust is on
a leasehold.Borrower shall perform all of Borrower's obligations under any declarations,covenants,by-laws,rules,or other
documents governing the use,ownership or occupancy of the Property.
9. Protection of Lender's Security.Except when Borrower has exercised Borrower's rights under_paragraph 6 above,if the
Borrower fails to perform the covenants and agreements contained in this Deed of Trust,or if a default occurs In a prior lien,or
if any action or proceeding is commenced which materially affects Lender's interest in the Property,then Lender,at Lender's
option,with notice to Borrower if required by law,may make such appearances,disburse such sums and take such action as is
necessary to protect Lender's interest,including,but not limited to:
ai any general or special taxes or ditch or water assessments levied or accruing against the Property.
b the premiums on any insurance necessary to protect any improvements comprising a part Of theProperty;
c sums due on any prior lien or encumbrance on the Property;
d) if the Property is a leasehold or is subject to a lease,all sums due under such lease;
e the reasonable costs and expenses of defending,protecting,and maintaining the Property and Lender's interest in the
Property,including repair and maintenance costs and expenses,costs and expenses of protecting and securing the property,
receiver's fees andexpenses,inspection fees,appraisal fees,court costs,attorney fees and costs,and fees and costs or an
attorney in the employment of the Lender or holder of the certificate of purchase;
(fl all other costs and expensesallowable by the evidence of debt or this Deed of Trust,and
(g) such other costs and expenses which may be authorized by a court of competent jurisdiction.
Borrower hereby assigns to Lender any right Borrower may have by reason of any prior encumbrance on the Property or by law
or otherwise to cure any default under saidprior encumbrance.
Any amounts disbursed by Lender_pursuant to this paragraph 9,with interest thereon shall become additional indebtedness of
Borrower secured by this Deed of Trust.Such amounts Shall be payable upon notice from Lender to Borrower requesting payment
thereof,and Lender may bring suit to collect any amounts so disbursed plus interest specified in paragraph 2B(Note;Other
Obligations Secured).Nothing contained in this paragraph 9 shall require Lender to incur any expense or take any action
hereunder.
10. Inspection.Lender may make or cause to be made reasonable entries upon and inspection of the Property,provided that
Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefore related to Lender's interest
in the Properly.
11. Condemnation.The proceeds of any award or claim for damages,direct or consequential,In connection with any con-
demnation or other taking of the Property or part thereof,or for conveyance in lieu of condemnations are hereby assigned and
shall be paid to Lender as herein provided.However,all of the rights of Borrower and Lender hereunder with respect to such
proceeds are subject to the rights of any holder of a prior deed of-trust.
In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Deed of Trust,with the
excess,if any,paid to Borrower.In the event of a partial taking of the Property,the proceeds remaining after taking out any part
of the award due any prior lien holder(net award)shall be dived between Lender and Borrower,in the same ratio as the amount
of the sums secured by this Deed of Trust immediately prior to the date of taking bears to Borrower's equity in the Property
immediately prior to the date of taking. Borrower's equity in the Property means the fair market value of the Propertyless the
amount of sums secured by both this Deed of Trust and all prior liens(except taxes)that are to receive any of the award,all at
the value immediately prior to the date of taking.
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 falls to respond to Lender within 30 days after the date such notice is gin.
Lender Is authorized to collect and apply the proceeds,at Lender's option,either to restoration or repair of the"Property or to the
sums secured by this Deed of Trust.
Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in
paragraphs 4(Payment of Principal and Interest)and 23(Escrow Funds for Taxes and Insurance)nor change the amount of such
installments.
12. Borrower Not Released. Extension of the time for payment or modification of amortization of sums secured by this Deed of
Trust granted by Lender to any successor in interest of Borrower shall not operate to release,in any manner,the liability of the
original Borrower,nor Borrower's successors in interest,from the original terms of this Deed of Trust.
Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise
modify amortization of the sums secured by this Deed of"Trust by reason of any demand made by the original Borrower's
successors in interest.
13. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder,or
otherwise afforded by law,shall not be a waiver or preclude the exercise of any such right or remedy.
The printed portions of this form approved by the Colorado Real Estate Commission(D72-7-96)
No. TD72-7-96.II DEED OF TRUST(DUE ON TRANSFER-STRICT)
Borrower(s) _ Page 2 of 4 Lender(s)
14.Remedies Cumulative. Each remedy provided in the Note and this Deed of Trust is distinct from any cumulative to all
other rights or remedies under the Note and this Deed of Trust or afforded by law or equity,and may be exercised concurrently,
independently or successively
15.Successors and Assigns Bound;Joint and Several Liability;Captions. The covenants and agreements herein contained shall
bind,and the rights hereunder shall inure to,the respective successors and assigns of Lender and Borrower.
All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs in this Deed
of Trust are for convenience only and are not to be used to interpret or define the provisions hereof.
16.Notice. Except for any notice required by law to be given in another manner, (a)any notice to Borrower provided for in this
Deed of Trust shall be in writing and shall be given and be effective upon(I)delivery to Borrower or(2)mailing such notice by
first-class U.S.mail,addressed to Borrower a Borrowei s address stated herein or at such other address as Borrower may
designate by notice to Lender as provided herein,and(b)any notice to Lender shall be in writing and shall be given and be
effective upon(I)delivery to Lender or(2)mailing such notice by first-class U.S.mail,to Lender's address stated herein or to
such other address as Lender may designate by notice to Borrower as provided herein.
Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in any
manner designated herein.
17.Governing Law;Severabiliryry. The Note and this Deed of Trust shall be governed by the law of Colorado. In the event that
any rovision or clause of this ITeed of Trust or the Note conflicts with the law,such conflict shall not affect other provisions of
this Deed of Trust or the Note which can be given effect without the conflicting provision,and to this end the provisions of the
Deed of Trust and Note are declared to be severable.
18.Acceleration;Foreclosure;Other Remedies. Except as provided in paragraph 24(Transfer of the Property,Assumption).
upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust,or upon any default in a prior lein upon
the Property, (unless Borrower has exercised Borrower's rights under paragraph 6 above),at Lender s option,all of the sums
secured by this Deed of Trust shall be immediately due and payable(Acceleration). To exercise this option, Lender may invoke
the power of sale and any other remedies permitted by law.Lender shall be entitled to collect all reasonable costs and expenses
incurred in pursuing the remedies provided in this Deed of Trust,including,but not limited to,reasonable attorney's fees.
If Lender invokes the power of sale,Lender shall give written notice to Trustee of such election.Trustee shall give such notice
to Borrower of Borrower's rights as is provided bylaw. Trustee shall record a copy of such notice as required by law.
Trustee shall advertise the time and place of the sale of the Property,for not less than four weeks in a newspaper of general
circulation in each county in which the Properly is situated,and shall mall copies of such notice of sale to Borrower and other
persons as prescribed by law.After the lapse of such time as may be required by law,Trustee,without demand on Borrower,
shall sell the Property at public auction to the highest bidder for cash at the time and place(which may be on the Property or any
part thereof as permitted by law)in one or more parcels as Trustee may think best and in such order as Trustee may determine.
Lender or Lender's designee may purchase the Property at any sale. It shall not be obligatory upon the purchaser at any
such sale to see to the application of the purchase money.
Trustee shall apply the proceeds of the sale in the following order: (a)to all reasonable costs and expenses of the sale,including
but not limited to,reasonable Trustee's and attorney's fees and costs of title evidence; (b)to all sums secured by this Deed of
Trust;and(c)the excess,if any to the person or persons legally entitled thereto.
19.Borrower's Right to Cure Default. Whenever foreclosure is commenced for nonpayment of any sums due hereunder the
owners of the Property or parties liable hereon shall be entitled to cure said defaults by paying all delinquent principal and interest
payments due as of the date of cure,costs,expenses,late charges,attorney's fees and other lees all in the manner provided by law
Upon such payment,this Deed of Trust and the obligations secured hereby shall remain in full force and effect as though no
Acceleration had occured,and the foreclosure proceedings shall be discontinued.
20.Assignment of Rents;Appointment of Receiver;Lender in Possession. As additional security hereunder,Borrower hereby
assigns to Lender the rents of the Property;however,Borrower shall,prior to Acceleration under paragraph 18(Acceleration;
Foreclosure;Other Remedies)or abandonment of the Property,have the right to collect and retain such rents as they become due
and payable.
Lender or the holder of the Trustee's certificate of purchase shall be entitled to a receiver for the Property after Acceleration
under paragraph 18(Acceleration;Foreclosure;Other Remedies) and shall also be so entitled during the lime covered by
foreclosure proceedings and the period of redemption,if any;and shall be entitled thereto as a matter of right without regard
to the solvency or insolvency of Borrower or of the then owner of the Property,and without regard to the value thereof.
Such receiver may be appointed by any Court of competent jurisdiction upon ex parte application and without notice-notice
being hereby expressly waived.
Upon Acceleration under paragraph 18(Acceleration;Foreclosure;Other Remedies)or abandonment of the Property,Lender,
in person,by agent or by judicially-appointed receiver,shall be entitled to enter upon,take possession of and manage the Property
and to collect the rents of the Property including those past due.All rents collected by Lender or the receiver shall Be applied
first,to payment of the costs of preservation and management of the Property,second,to payments due upon prior liens,and
then to the sums secured by this-Deed of Trust.Lender and the receiver shall be liable to account only for those rents actually
received,
21.Release.Upon payment of all sums secured by this Deed of Trust Lender shall cause Trustee to release this Deed of Trust
and shall produce for Trustee the Note.Borrower shall pay all costs of recordation and shall pay the statutory Trustee's fees.
If Lender shall not produce the Note as aforesaid,then Lender,upon notice in accordance with paragraph 16(Notice)from
Borrower to Lender,shall obtain,at Lender's expense,and file any lost instrument bond required by Trustee or pay the cost
thereof to effect the release of this Deed of Trust.
22.Waiver of Exemptions. Borrower hereby waives all right of homestead and any other exemption in the Property under
state or federal law presently existing or hereafter enacted.
23.Escrow Funds for Taxes and Insurance. This paragraph 23 is not applicable if Funds as defined below are being paid
pursuant to a prior encumbrance.Subject to applicable law,Borrower shall pay to Lender,on each day installments of rincipal
and interest payable under the Note,until the Note is paid in full,a sum(herein referred to as"Funds')equal to
o of the yearly taxes and assessments which may attain priority over this Deed of Trust
o of yearly premium installments for Property Insurance,all as reasonably estimated initially and
from time to time by Lender on the basis of assessments and bills and reasonable estimates,thereof,taking into account any
excess Funds not used or shortages.
The principal of the Funds shall be held in a separate account by the Lender in trust for the benefit of the Borrower and deposited
in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency.
Lender shall apply the Funds to pay said taxes,assessments and fnsurance premiums.Lender may not charge for so holding and
applying the Funds,analyzing said accountor verifying and compiling said assessments and bills.Lender shall not be required
to pay Borrower any interest or earnings on the Funds.Lender shall give to Borrower,without charge,an annual accounting of
the Funds showing 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 the sums secured by this Deed of Trust.
If the amount of the Funds held by Lender shall not be sufficient to pay taxes,assessments and insurance premiums as they fall
due,Borrower shall pay to Lender any amount necessary to make up the deficiency within 30 days from the date notice is given
in accordance with paragraph 16(Notice by lender to Borrower requesting payment thereof.Provided however,if the loan
secured by this Deed of Trust is subject to RESPA or other laws regulating Escrow Accounts,such deficiency,surplus or an
other required adjustment shall be paid,credited or adjusted in compliance with such applicable laws.
Upon payment in full of all sums secured by this Deed of Trust,Lender shall simultaneously refund to Borrower any Funds
held by Lender. If under paragraph 18(Acceleration;Foreclosure;Other Remedies)the Property is sold or the Property is
otherwise acquired by Lender,Lender shall apply,no later than immediately prior to the sale of the Property or its acquisition
by Lender,whichever occurs first,any Funds held by Lender at the time of application as a credit against the sums secured by
this Deed of Trust.
24.Transfer of the Property;Assumption. The following events shall be referred to herein as a"Transfer": (i)a transfer or
conveyance of title(or any portion thereof,legal or equitable)of the Property(or any part thereof or interest therein),
(ii)the execution of a contract or agreement creating a right to title(or any portion thereof,legal or equitable)in the Property
(or any part thereof or interest therein),(ill)or an agreement granting a possessory right in the Property(or any portion thereof),
The printed portions of Ws form approved by the Colorado Real Estate Commission(TD72-7-96)
No. TD72-7-96.Ill DEED OF TRUST(DUE ON TRANSFER-STRICT)
Borrower(%) Page 3 of 4 Lender(s)
in excess of three(3)years, (iv)a sale or transfer of,or the execution of a contract or agreement creating a right to acquire or
receive,more than fifty percent(50%)of the controlling interest or more than fifty percent(50%)of the beneficial interest in the
Borrower, (v)the reorganization,liquidation or dissolution of the Borrower.Not to be included as a Transfer are(i)the creation
of a lien or encumbrance subordinate to this Deed of Trust, (ii)the creation of a purchase money security interest for household
appliances,or(lii)a transfer by devise,descent or by operation of the law upon the death of a joint tenant. At the election of
Lender,in the event of each and every Transfer:
(a)All sums secured by this Deed of Trust shall become immediately due and payable(Acceleration).
(b)If a Transfer occurs and should Lender not exercise Lender's option pursuant to paragraph 24 to Accelerate,Transferee
shall be deemed to have assumed all of the obligations of Borrower under this Deed of Trust including all sums secured hereby
whether or not the instrument evidencing such conveyance,contract or grant expressly so provides.This covenant shall run
with the Property and remain in full force and effect until said sums are paid in full.The Lender may without notice to Borrower
deal with Transferee in the same manner as with the Borrower with reference to said sums including the payment or credit to
Transferee of undisbursed reserve Funds on payment in full of said sums,without in any way altering or discharging the
Borrower's liability hereunder for the obligations hereby secured.
(c)Should Lender not elect to Accelerate upon the occurance of such Transfer then,subject to(b)above,the mere fact of
lapse of time or the acceptance of payment subsequent to any of such events,whether or not Lender had actual or constructive
notice of such Transfer,shall not be deemed a waiver of Lender's right to make such election nor shall Lender be estopped
therefrom by virtue thereof.The issuance on behalf of the Lender of a routine statement showing the status of the loan,whether
or not Lender had actual or constructive notice of such Transfer,shall not be a waiver or estoppel of Lender's said rights.
25. Borrower's Copy. Borrower acknowledges receipt of a copy of the Note and this Deed of Trust.
BORROWER(S):
W. B. FARMS, LLC, A COLORADO LIMITED LIABILITY
COMPANY
BY CARL V. HILL, MEMBER
BY WESLEY BRETT HILL, MEMBER
STATE OF Colorado
)ss.
COUNTY
The foregoing instrument was acknowledged before me on this day of July 22. 2004
by W. B. FARMS. LLC A COLORADO LIMITED LIABILITY COMPANY BY CARL V. HILL AND
WESLEY BRETT HILL MEMBERS
Witness my hand and official seal.
My commission expires:
Notary Public
The printed portions of this form approved by the Colorado Real Estate Commission tTD72-7-96)
No.TD72-7-96.IV DEED OF TRUST(DUE ON TRANSER-STRICT)
Borrower(s) Page 4 of 4 Lender(s)
PROPERTY ADDRESS: VACANT LAND WELD COUNTY ROAD 80
ESCROW NO: GR25043634
ORDER NO: FC25043634
The undersigned parties having reviewed the Note and Deed of Trust to secure
the above captioned property hereby acknowledge, agree and confirm that the terms
and provisions of the instruments reflect the parties' intentions, further the
parties hereby agree to hold Land Title Guarantee Company harmless in the
preparation of the documents by it in accordance with, and at the direction of,
the undersigned parties.
BENEFICIARY SSN# OR FED ID# DATE
BENEFICIARY SSN# OR FED ID# DATE
GRANTOR SSN# OR FED ID# DATE
GRANTOR SSN# OR FED ID# DATE
THE UNDERSIGNED HEREBY ACKNOWLEDGES RECEIPT OF THE ORIGINAL Promissory Note
dated in the amount of $
Date:
Date:
NOTE:
KEEP THIS FILED WITH YOUR CLOSING DOCUMENTS ' ' ' ' ' ' '
AT THE TIME THIS LOAN IS PAID OFF, YOU WILL NEED TO PRODUCE THE
FOLLOWING:
1. ORIGINAL Promissory Note marked "PAID IN FULL", date of payment
and Noteholder(s) signature.
2. ORIGINAL recorded Deed of Trust.
3. Release of Deed of Trust Form, MUST BE EXECUTED BY NOTEHOLDERS(S) .
FAILURE TO COMPLY WITH THE ABOVE REQUIREMENTS, MAY PROVE TO BE VERY
COSTLY TO THE NOTEHOLDER.
Form ID.LETTER (12/94)
4tArn1 MEMORANDUM
c. TO: Board of County Commissioners
COLORADO DATE: July 20, 2004 FROM: Sheri Lockman, Planner II
SUBJECT: Acceptance of Improvements Agreement According to
Policy Regarding Collateral for Improvements (Private Road
Maintenance), and Agreement for Improvements for Weld
County Road 80 Road Stabilization for Dust Control
WB Farms
Case Number MF-1001
Carl Hill
The Departments of Planning Services and Public Works have reviewed the Improvements
Agreements for WB Farms Minor Subdivision.
Items covered under the Improvements Agreements include:
Site grading $ 13,950.
Street grading $ 22,320.
Water mains $ 47,170.
Fire hydrants $ 3,048.
Survey and street monuments and boxes $ 6,880.
Street name signs/stop sign $ 700.
Landscaping $ 16,000.
Road culvert $ 6,006.
Electric $ 37,542
Engineering and supervision $ 10,000.
Total Estimated Cost of Improvements $163,616.
County Road 39 Stabilization and Dust Control $ 14.500.
The Department of Public Works and the Department of Planning Services, have determined
that the amount of the agreements will be sufficient to complete the work required for WB
Farms Minor Subdivision and County Road 80. The Department of Planning Services
recommends acceptance of the Improvements Agreement According to Policy Regarding
Collateral for Improvements (Private Road Maintenance) and Agreement for Improvements for
Weld County Road 80 Road Stabilization for Dust Control.
JJL-20-04 TUE 09 :39 AM WELD COUNTY PUBLIC WKS7 FAX:9703046497 PAGE 1
04/26/04 09:13 FAX 970 304 8498 WELD PLANNING lei uu'
FAX TRANSMISSION
ffriTh
Atart, (i. VIC
weld count,/
department of planning services
Ig
Fax: 970-304-6498
Phone; 970-353-6100,ext. 3540
oiL
COI:C?RADO n
To: Donald Carroll Date: April 26,2004 ��2P V
Fax: Pages: I/"
Phone:
From: Sheri Lockman ;0°.
Subject. WB Farms -MF-1001
COMMENTS: Jim Rawson dropped off these two sheets for the improvements agreement for
WB Farms.Are you ok with them?Should I set a BOCC hearing as soon as they
get me collateral for both?
COFI ;IN�IAi •
This facr,;imile is intended only for the use of the individual or entity to which it is addressed and
may con'*ig information that is privileged cgofidential, and exempt from disclosure under
applica?e.law. If the reader of this facsimile is not the intended recipient nor the employee or
agent•re;-ponsible for delivering the facsimile to the intended recipient,you are hereby notified
that any dissemination,distribution, or copying of this communication is strictly prohibited. If
you have received this communication in error,please notify us immediately by telephone and
return the original message to us at the above address via the U.S. Postal Service. Thank you.
Filed for record the day of ,A.D. , at o'clock M. RECORDER.H
Reception No. By DEPUTY.
WARRANTY DEED •
d
THIS DEED, Made on this day of July 22, 2004 ,
between WESLEY B. HILL AND JULIE A. HILL •
•
of the County of WELD and State of Colorado , the Grantor(s), and •
W, B. FARMS, LLC, A COLORADO LIMITED LIABILITY COMPANY
•
•
whose legal address is : VACANT LAND WELD COUNTY ROAD 80, EATON, CO 80615
of the County of WELD and State of Colorado , the Grantee(s): •
WITNESS, That the Grantor(s), for and in consideration of the sum of ( )
•
DOLLARS
the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these
presents does grant, bargain, sell, convey and confirm unto the Grantee(s), his heirs and assigns forever, all the
real property, together with improvements, if any, situate, lying and being in the County of
WELD and State of Colorado, described as follows:
•
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
•
•
•
•
•
•
•
•
also known as street number VACANT LAND WELD COUNTY ROAD 80, EATON, CO 80615
•
TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining
and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right
title interest, claim and demand whatsoever of the Grantor(s), either in law or equity, of, in and to the above bargained
premises, with the hereditaments and appurtenances;
TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances, unto the Grantee(s), •
his heirs and assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant,
bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the ensealing and delivery
of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible •
estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain,
sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other
grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever,
SUBJECT TO GENERAL TAXES FOR THE YEAR 2004; AND EASEMENTS, RESERVATIONS,RESTRICTIONS, COVENANTS AND
RIGHTS OF WAY OF RECORD, IF ANY; AND DISTRIBUTION UTILITY EASEMENTS; AND MATTERS NOT SHOWN BY THE PUBLIC
RECORDS BUT OF WHICH GRANTEE HAS ACTUAL KNOWLEDGE; AND INCLUSION OF THE PROPERTY WITHIN ANY SPECIAL
TAXING DISTRICT; AND THE BENEFITS AND BURDENS OF ANY DECLARATION AND PARTY WALL AGREEMENTS,IF ANY.
•
The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable •
possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole
or any part thereof. The singular number shall include the plural., and the plural the singular, and the use of any gender
shalt be applicable to all genders.
IN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above.
w. ttAil 441„..A ..
WESLEY B.15 L
d_ Wal
JU . A. HILL
•
STATE OF Colorado ) ....s.....3.2.,,,, ...a."..-1“._ _ R__ _ _ _
County of WELD jss. CHARION GREENSMITH
NOTARY PUBLIC
STATE OF COLORADO
,..ems....
My Commission Expires Mar.6,2007
•
The foregoing instrument was acknowledged before me on this day of July 22,2004 ,
by WESLEY B.HILL AND JULIE AA...HIILL//�
•
My commission expires a sea
/ U 2
Witness my hand and official sea{
#21,t/G Notary Public <i�i
I, Name and Address of Person Creating Newly Created Legal Description ( 38-35-106.5, C.R.S.)
?. Escrow# GR25043634 When Recorded Return to: W. B. FARMS, LLC, A COLORADO LIMITED
'. Title# F025043634 LIABILITY COMPANY
13388 WCR 80 •
Form No. 932 Rev 4-94. WARRANTY DEED (Photographic Record WD1) EATON CO 80615
EXHIBIT A
LOTS 2-8 , WB FARMS ESTATES, MINOR SUBDIVISION-MS-1001 , COUNTY OF
WELD, STATE OF COLORADO
955 f- 11111 11111 1111111 IIIII111111
3202955 07/28/2004 09:24A Weld County, CO
1 of 5 R 26.00 0 0.00 Steve Moreno Clerk& Recorder
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.
DEED OF TRUST
(Due on Transfer - Strict)
THIS DEED OF TRUST is made on this day of July 22, 2004 , between
W. B. FARMS, LLC, A COLORADO LIMITED LIABILITY COMPANY (Borrower),
whose address is 13388 WCR 80 , EATON, CO 80615
and the Public Trustee of the County in which the Property (see paragraph 1) is situated(Trustee); for the benefit of
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY (Lender),
whose address is 915 TENTH STREET
Borrower and Lender covenant and agree as follows:
1. Property in Trust. Borrower, in consideration of the indebtedness herein recited and the trust herein created, hereby grants
and conveys to Trustee in trust, with power of sale, the following described property located in the
County of WELD , State of Colorado:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
which has the address of VACANT LAND WELD COUNTY ROAD 80, EATON, CO 80615
(Complete Address)
(Property Address), together with all its appurtenances (Property).
2. Note; Other Obligations Secured. This Deed of Trust is given to secure to Lender:
A. the repayment of the indebtedness evidenced by Borrower's note (Note) dated July 22, 2004
in the principal sum of *** One Hundred Sixty Three Thousand Six Hundred Sixteen and 00/100 ***
U.S. Dollars, with interest on the unpaid principal balance from July 26, 2004 , until
paid, at the rate of -0- percent per annum, with principal and interest payable at
915 TENTH STREET
or such other place as the Lender may designate, in SEE TERMS BELOW ** payments of:
*** N/A and /100 *** Dollars(U.S.N/A )
due on the ** day of **
beginning ; such payments to continue until the entire indebtedness evidenced
by said Note is fully paid; however, if not sooner paid, the entire principal amount outstanding and accrued interest thereon,
shall be due and payable on July 26, 2005 �j / G� rye
** PERFORMANCE OF THE OBLIGATIONS CONTAINED IN IMPROVEMENTS AGREEMENT AT RECEPTION M ✓2Oz V3 / .
and Borrower is to pay to Lender a late charge of N/A % of any payment not received by the Lender
within NA days after payment is due; and Borrower has the right to prepay the principal amount
I outstanding under said Note, in whole or in part, at any time without penalty except
NA
B. the payment of all other sums, with interest thereon at N/A % per annum, disbursed by Lender in
accordance with this Deed of Trust to protect the security of this Deed of Trust; and
C. the performance of the covenants and agreements of Borrower herein contained.
3. Title. Borrower covenants that Borrower owns and has the right to grant and convey the Property, and warrants title to
the same, subject to general real estate taxes for the current year, easements of record or in existence, and recorded declarations,
restrictions, reservations and covenants, if any, as of this date and except
4. Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and interest on the indebtedness
evidenced by the Note, and late charges as provided in the Note and shall perform all of Borrower's other covenants contained
in the Note.
5. Application of Payments. All payments received by Lender under the terms hereof shall be applied by Lender first in payment
of amounts due pursuant to paragraph 23 (Escrow Funds for Taxes and Insurance), then to amounts disbursed by Lender pursuant
to paragraph 9 (Protection of Lender's Security), and the balance in accordance with the terms and conditions of the Note.
The printed portions of this form approved by the Colorado Real Estate Commission(TD72-7-96)
No. TD72-7-96.t DEED OF TRUST(DUE ON TRANSFER-STRICT) .YJIJ/ Oli1/M/ed
Borrower(s) Page 1 of 4 FC25043634w(s) C f/
RETURN TO: WELD COUNTY BOARD OF COUNTY COMMISSIONERS Win
915 TENTH STREET
GREELEY, CO 80632
O ii-4-11S7
IL 1 6 s�
1111111 11111 11111 Ili 11111 IIII 111111 III 11111 HMI
3202955 07/28/2004 09:24A Weld County, CO
2 of 5 R 26.00 D 0.00 Steve Moreno Clerk& Recorder
6. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any prior
deed of trust and any other prior liens. Borrower shall pay all taxes, assessments and other charges, fines and impositions
attributabte to the Property which may have or attain a pnority over this Deed of Trust, and leasehold payments or ground rents,
if•any, in the manner set out in paragraph 23 (Escrow Funds for Taxes and Insurance) or, if not required to be paid in such
manner, by Borrower making payment when due, directly to the payee thereof. Despite the foregoing, Borrower shall not be
required to make payments otherwise required by this paragraph if Borrower, after notice to Lender, shall in good faith contest
such obligation, by or defend enforcement of such obligation in, legal proceedings which operate to prevent the enforcement of
the obligation or forfeiture of the Property or any part thereof, only upon Borrower making all such contested payments and
other payments as ordered by the court to the registry of the court in which such proceedings are filed.
7. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against
loss by tire or hazards included within the term "extended coverage" in an amount at least equal to the lesser of(1) the insurable
value of the Property or(2) an amount sufficient to pay the sums secured by this Deed of Trust as any prior incumbrances on the
Property. All of theforegoing shall be known as "Property Insurance".
The insurance carrier providing the insurance shall be qualified to write Property Insurance in Colorado and shall be chosen by
Borrower subject to Lender's nght to reject the chosen carver for reasonable cause. All insurance policies and renewals thereon
shall include a standard mortgage clause in favor of Lender, and shall provide that the insurance carrier shall notify Lender at
least ten(10) days before cancellation, termination or any material change of coverage. Insurance policies shall be furnished to
Lender at or before closing. Lender shall have the right to hold the policies and renewals thereof.
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.
Insurance proceeds shall be applied to restoration or repair of the Property damaged, provided such restoration or repair is
economically feasible and the security of this Deed of Trust is not thereby impaired. If such restoration or repair is not
economically feasible or if the security of this Deed of Trust would be impaired, the insurance proceeds shall be applied to the
sums secured by this Deed of Trust, with the excess, if any, paid to Borrower. If the Property is abandoned by Borrower or if
Borrower fails to respond to Lender within 30 days from the date notice is given in accordance with paragraph 16 (Notice) by
Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits. Lender is authorized to collect and
apply the insurance proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this
Deed of Trust.
Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in
paragraphs 4 (Payment of Principal and Interest) and 23 (Escrow Funds for Taxes and Insurance) or change the amount of such
installments. Notwithstanding anything herein to the contrary, if under paragraph 18 (Acceleration; Foreclosure; Other Remedies)
the Property is acquired by Lender, all nght, title and interest of Borrower any insurance policies and in and to the proceeds
thereof resulting from damage to the Property prior to the sale or acquisition shall pass toLender to the extent of the sums
secured by this Deed of Trust immediately prior to such sale or acquisition.
All of the rights of Borrower and Lender hereunder with respect to insurance carriers, insurance policies and insurance proceeds
are subject to the rights of any holder of a prior deed of trust with respect to said insurance carriers, policies and proceeds.
8. Preservation and Maintenance of Property. Borrower shall keep the Property in good repair and shall not commit waste or
permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of Trust is on
a leasehold. Borrower shall perform all of Borrower's obligations under any declarations, covenants, by-laws, rules, or other
documents governing the use, ownership or occupancy of the Property.
9. Protection of Lender's Security. Except when Borrower has exercised Borrower's rights under paragraph 6 above, if the
Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if a default occurs in a prior lien, or
if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's
option, with notice to Borrower if required by law, may make such appearances, disburse such sums and take such action as is
necessary to protect Lender's interest, including, but not limited to:
(a) any general or special taxes or ditch or water assessments levied or accruing against the Property.
(b) the premiums on any insurance necessary to protect any improvements comprising a part of the Property;
(c) sums due on any pnor lien or encumbrance on the Property;
(d) if the Property is a leasehold or is subject to a lease, all sums due under such lease;
(e) the reasonable costs and expenses of defending, protecting, and maintaining the Property and Lender's interest in the
Property, including repair and maintenance costs and expenses, costs and expenses of protecting and securing the property,
receiver's fees and expenses, inspection fees, appraisal fees, court costs, attorney fees and costs, and fees and costs of an
attorney in the employment of the Lender or holder p of the certificate of purchase;
(f) all other costs and expenses allowable by the evidence of debt or this Deed of Trust, and
(g) such other costs and expenses which may be authorized by a court of competent jurisdiction.
Borrower hereby assigns to Lender any right Borrower may have by reason of any prior encumbrance on the Property or by law
or otherwise to cure any default under said prior encumbrance.
Any amounts disbursed by Lender pursuant to this paragraph 9,with interest thereon, shall become additional indebtedness of
Borrower secured by this Deed of Trust. Such amounts shall be payable upon notice from Lender to Borrower requesting payment
thereof, and Lender may bring suit to collect any amounts so disbursed plus interest specified in paragraph 2B (Note; Other
Obligations Secured). Nothing contained in this paragraph 9 shall require Lender to incur any expense or take any action
hereunder.
10. Inspection. Lender may make or cause to be made reasonable entries upon and inspection of the Property, provided that
Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefore related to Lender's interest
in the Property.
11. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any con-
dernnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnations, are hereby assigned and
shall be paid to Lender as herein provided. However, all of the rights of Borrower and Lender hereunder with respect to such
proceeds are subject to the rights of any holder of a prior deed of trust.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust, with the
excess, if any, paid to Borrower. In the event of a partial taking of the Property, the proceeds remaining after taking out any part
of the award due any prior lien holder(net award) shall be divided between Lender and Borrower, in the same ratio as the amount
im
mediately the sums secured by this Deed of Trust prior to the date of taking bears to Borrower's equity in the Property
immediately prior to the date of taking. Borrower's equity in the Property means the fair market value of the Property less the
amount of sums secured by both this Deed of Trust and all prior liens(except taxes) that are to receive any of the award, all at
the value immediately pnor to the date of taking.
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 such notice is given.
Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the
sums secured by this Deed of Trust.
Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in
paragraphs 4 (Payment of Principal and Interest) and 23 (Escrow Funds for Taxes and Insurance) nor change the amount of such
installments.
12. Borrower Not Released. Extension of the time for payment or modification of amortization of sums secured by this Deed of
Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the
original Borrower, nor Borrower's successors in interest, from the original terms of this Deed of Trust.
Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise
modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower's
successors in interest.
13. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or
otherwise afforded by law, shall not be a waiver or preclude the exercise of any such right or remedy.
The printed portions of this form approved by the Colorado Real Estate Commission(TD72-7-96)
No. TD72-7-96.II DEED OF TRUST(DUE ON TRANSFER-STRICT) ecnytrti-
Borrower(s) Page 2 of 4 l er(s) flv 1?74--
111111 11111 11111 1111111 111I1 IIII 111111 III In IIII IIII
3202955 07/28/2004 09:24A Weld County, CO
3 of 5 R 26.00 0 0.00 Steve Moreno Clerk& Recorder
14. Remedies Cumulative. Each remedy provided in the Note and this Deed of Trust is distinct from any cumulative to all
other rights or remedies under the Note and this Deed of Trust or afforded by law or equity, and may be exercised concurrently,
independently or successively
15. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein contained shall
bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower.
All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs in this Deed
of Trust are for convenience only and are not to be used to interpret or define the provisions hereof.
16. Notice. Except for any notice required by law to be given in another manner, (a) any notice to Borrower provided for in this
Deed of Trust shall be in writing and Shall be given and be effective upon(1) delivery to Borrower or(2) mailing such notice by
first-class U.S. mail, addressed to Borrower at Borrower's address stated herein or at such other address as Borrower may
designate by notice to Lender as provided herein, and(b) any notice to Lender shall be in writing and shall be given and be
effective upon(1) delivery to Lender or (2) mailing such notice by first-class U.S. mail, to Lender's address stated herein or to
such other address as Lender may designate by notice to Borrower as provided herein.
Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in any
manner designated herein.
17. Governing Law; Severability. The Note and this Deed of Trust shall be governed by the law of Colorado. In the event that
any provision or clause of this Deed of Trust or the Note conflicts with the law, such conflict shall not affect other provisions of
this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of the
Deed of Trust and Note are declared to be severable.
18. Acceleration; Foreclosure; Other Remedies. Except as provided in paragraph 24 (Transfer of the Property, Assumption),
upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, or upon any default in a prior lein upon
the Property, (unless Borrower has exercised Borrower's rights under paragraph 6 above), at Lender's option, all of the sums
secured 13y this Deed of Trust shall be immediately due and payable (Acceleration). To exercise this option, Lender may invoke
the power of sale and any other remedies permitted by law. Lender shall be entitled to collect all reasonable costs and expenses
incurred in pursuing the remedies provided in this Deed of Trust, including, but not limited to, reasonable attorney's fees.
If Lender invokes the power of sale, Lender shall give written notice to Trustee of such election. Trustee shall give such notice
to Borrower of Borrower's rights as is provided by law. Trustee shall record a copy of such notice as required by law.
Trustee shall advertise the time and place of the sale of the Property, for not less than four weeks in a newspaper of general
circulation in each county in which the Property is situated, and shall mail copies of such notice of sale to Borrower and other
persons as prescribed by law. After the lapse of such time as may be required by law, Trustee, without demand on Borrower,shall sell the Property at public auction to the highest bidder for cash at the time and place (which may be on the Property or any
part thereof as permitted by law) in one or more parcels as Trustee may think best and in such order as Trustee may determine.
Lender or Lender's designee may purchase the Property at any sale. It shall not be obligatory upon the purchaser at any
such sale to see to the application of the purchase money..
Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including
but not limited to, reasonable Trustee's and attorney's fees and costs of title evidence; (b) to all sums secured by this Deed of
Trust; and(c) the excess, if any, to the person or persons legally entitled thereto.
19. Borrower's Right to Cure Default. Whenever foreclosure is commenced for nonpayment of any sums due hereunder, the
owners of the Property or parties liable hereon shall be entitled to cure said defaults by paying all delinquent principal and interest
payments due as of the date of cure, costs, expenses, late charges, attorney's fees and other fees all in the manner provided by law.
Upon such payment, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as though no
Acceleration had occured, and the foreclosure proceedings shall be discontinued.
20. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby
assigns to Lender the rents of the Property; however, Borrower shall, prior to Acceleration under paragraph 18 (Acceleration;
Foreclosure; Other Remedies) or abandonment of the Property, have the right to collect and retain such rents as they become due
and payable.
Lender or the holder of the Trustee's certificate of purchase shall be entitled to a receiver for the Property after Acceleration
under paragraph 18 (Acceleration; Foreclosure; Other Remedies), and shall also be so entitled during the time covered by
foreclosure proceedings and the period of redemption, if any; and shall be entitled thereto as a matter of right without regard
to the solvency or insolvency of Borrower or of the then owner of the Property, and without regard to the value thereof.
Such receiver may be appointed by any Court of competent jurisdiction upon ex parte application and without notice-notice
being hereby expressly waived.
Upon Acceleration under paragraph 18 (Acceleration; Foreclosure; Other Remedies) or abandonment of the Property, Lender,
in person, by agent or by judicially-appointed receiver, shall be entitled to enter upon, take possession of and manage the Property
and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied
first, to payment of the costs of preservation and management of the Property, second, to payments due upon prior liens, and
then to the sums secured by this-Deed of Trust. Lender and the receiver shall be liable to account only for those rents actually
received.
21. Release. Upon payment of all sums secured by this Deed of Trust, Lender shall cause Trustee to release this Deed of Trust
and shall produce for Trustee the Note. Borrower shall pay all costs of recordation and shall pay the statutory Trustee's fees.
If Lender shall not produce the Note as aforesaid, then Lender, upon notice in accordance with paragraph 16 (Notice) from
Borrower to Lender, shall obtain, at Lender's expense, and file any lost instrument bond required by Trustee or pay the cost
thereof to effect the release of this Deed of Trust.
22. Waiver of Exemptions. Borrower hereby waives all right of homestead and any other exemption in the Property under
state or federal law presently existing or hereafter enacted.
23. Escrow Funds for Taxes and Insurance. This paragraph 23 is not applicable if Funds as defined below are being paid
pursuant to a prior encumbrance. Subject to applicable law, Borrower shall pay to Lender, on each day installments of principal
and interest payable under the Note, until the Note is paid in full, a sum(herein referred to as "Funds') equal to
0 of the yearly taxes and assessments which may attain priority over this Deed of Trust
0 of yearly premium installments for Property Insurance, all as reasonably estimated initially and
trom time to time by Lender on the basis of assessments and bills and reasonable estimates, thereof, taking into account any
excess Funds not used or shortages.
The principal of the Funds shall be held in a separate account by the Lender in trust for the benefit of the Borrower and deposited
in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency.
Lender shall apply theFunds to pay said taxes, assessments and insurance premiums. Lender may not charge for so holding and
applying the Funds, analyzing said account or verifying and compiling said assessments and bills. Lender shall not be required
to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of
the Funds showing 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 the sums secured by this Deed of Trust.
If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments and insurance premiums as they,fall
due, Borrower shall pay to Lender any amount necessary to make up the deficiency within 30 days from the date notice is given
in accordance with paragraph 16 (Notice by Lender to Borrower requesting payment thereof. Provided however, if the loan
secured by this Deed of Trust is subject to RESPA or other laws regulating Escrow Accounts, such deficiency, surplus or an
other required adjustment shall be paid, credited or adjusted in compliance with such applicable laws.
Upon payment in full of all sums secured by this Deed of Trust, Lender shall simultaneously refund to Borrower any Funds
held by Lender. If under paragraph 18 (Acceleration; Foreclosure; Other Remedies) the Property is sold or the Propertyis otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition
by Lender, whichever occurs first, any Funds held by Lender at the time of application as a credit against the sums secured by
this Deed of Trust.
24. Transfer of the Property; Assumption. The following events shall be referred to herein as a "Transfer": (i) a transfer or
conveyance of title(or any portion thereof, legal or equitable) of the Property (or any part thereof or interest therein),
(ii) the execution of a contract or agreement creating a right to title (or any portion thereof, legal or equitable) in the Property
or any part thereof or interest therein), (iii) or an agreement granting a possessory right in the Property (or any portion thereof),
The printed portions of this form approved by the Colorado Real Estate Commission(TD72-7-96)
No. TD72-7-96.III DEED OF TRUST(DUE ON TRANSFER-STRICT)
Borrower(s) Page 3 of 4 -1 nrder(s/3 4'
1111111 11111 111111111111 11111 Ilil 111111 III 11111 1111 1111
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in excess•of three (3) years, (iv) a sale or transfer of, or the execution of a contract or agreement creating a right to acquire or
receive, more than fifty percent(50%) of the controlling interest or more than fifty percent (50%) of the beneficial interest in the
Borrower, (v) the reorganization, liquidation or dissolution of the Borrower. Not to be included as a Transfer are (i) the creation
of a lien or encumbrance subordinate to this Deed of Trust, (ii) the creation of a purchase money security interest for household
appliances, or(iii) a transfer by devise, descent or by operation of the law upon the death of a joint tenant. At the election of
Lender, in the event of each and every Transfer:
(a) All sums secured by this Deed of Trust shall become immediately due and payable (Acceleration).
(b) If a Transfer occurs and should Lender not exercise Lender's option pursuant to paragraph 24 to Accelerate, Transferee
shall be deemed to have assumed all of the obligations of Borrower under this Deed of Trust including all sums secured hereby
whether or not the instrument evidencing such conveyance, contract or grant expressly so provides. This covenant shall run
with the Property and remain in full force and effect until said sums are paid in full. The Lender may without notice to Borrower
deal with Transferee in the same manner as with the Borrower with reference to said sums including the payment or credit to
Transferee of undisbursed reserve Funds on payment in full of said sums, without in any way altering or discharging the
Borrower's liability hereunder for the obligations hereby secured.
(c) Should Lender not elect to Accelerate upon the occurance of such Transfer then, subject to (b) above, the mere fact of
lapse of time or the acceptance of payment subsequent to any of such events, whether or not Lender had actual or constructive
notice of such Transfer, shall not be deemed a waiver of Lender's right to make such election nor shall Lender be estopped
therefrom by virtue thereof. The issuance on behalf of the Lender of a routine statement showing the status of the loan, whether
or not Lender had actual or constructive notice of such Transfer, shall not be a waiver or estoppel of Lender's said rights.
25. Borrower's Copy. Borrower acknowledges receipt of a copy of the Note and this Deed of Trust.
BORROWER(S):
to .g )-_,„ 1,,,,,_s ,do .
W. B. FARMS, LLC, A COLORADO LIMITED LIABILITY
COMP Y
BY CARL V. HILL, MEMBER
w M -4L
BY WESL BRETT HILL, MEMBER
CHARION GREENSMITH
STATE OF Colorado ) NOTARY PUBLIC
�j )ss. STATE OF COLORADO
COUNTY 42 ) i
My Commission Expires Mar.6,2007
The foregoing instrument was acknowledged before me on this day of July 22, 2004 ,
by W. B. FARMS, LLC, A COLORADO LIMITED LIABILITY COMPANY BY CARL V. HILL AND
WESLEY BRETT HILL MEMBERS
Witness my hand and official seal
My commission expires: ��7 d `/k,
Notary Public
The printed portions of this form approved by the Colorado Real Estate Commission(TD72-7-96) Q,r.,,,f ei
No. TD72-7-96.IV DEED OF TRUST(DUE ON TRANSER-STRICT) F/0 �'�^•'"
Borrower(s) Page 4 of 4 fgelfftr(s)adj. WSW-
111111111111111111111111 Hit IIII 111111 III I 11111 IIII
3202955 07128/2004 09:24A Weld County, C0
5 of 5 R 26.00 0 0.00 Steve Moreno Clerk& Recorder
•
EXHIBIT A
LOTS 2-8 , WB FARMS ESTATES, MINOR SUBDIVISION-MS-1001 , COUNTY OF
WELD, STATE OF COLORADO
452
dill t�IHi iiMlt�illlll1�ItlllilillHHE 1111111111111111111111111111 111111 11111 1111
1 of 5 R 26.009D40.0o'24A Yield Steve Moreno Clerk ii fleeorder CO CO
1 of 42 R 21.00 D 0.00 3/2005 05:30P Weld
Moreno clerk & Recorder
IF THIS FORM IS USED IN A CONSUMER CREDIT TRANSACTION,CONSULT LEGAL COUNSEL.
THIS LS A LEGAL INSTRUMENT, IF NOT UNDERSTOOD,LEGAL,TAX OR OTHER COUNSEL.SHOULD BE CONSULTED BEFORE SIGNING.
DEED OF TRUST
(Due on Transfer-Strict)
THIS DEED OP TRUST is made on this day of July 22, 2004 ,between
W. B. FARMS, LLC, A COLORADO LIMITED LIABILITY COMPANY (Borrower),
whose address is 13388 WCR 80 , EATON, CO 80615
and the Public Trustee of the County in which die Property(see paragraph 1)is situated(Trustee); for the benefit of
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY (Lender),
whose address is 915 TENTH STREET
Borrower and Lender covenant and agree as follows:
1.Property in Trust. Borrower,in consideration of the indebtedness herein recited and the trust herein created,hereby grants
and conveys to Trustee in trust,with power of sale,the following described property located in the
County of WELD ,State of Colorado:
$q'
LOTS 2 THROUGH 8, BLOCK 1, W.B. FARMS ESTATES, COUNTY OF
WELD, STATE OF COLORADO
**RERECORDED TO CORRECT LEGAL DESCRIPTION.**
which has the address of VACANT LAND WELD COUNTY ROAD 80, EATON, CO 80615
(Complete Address)
(Property Address),together with all its appurtenances(Property).
2.Note;Other Obligations Secured. This Deed of Trust is given to secure to Lender:
A.the repayment of the indebtedness evidenced by Borrower's note(Note)dated July 22, 2004
in the principal sum of **• One Hundred Sixty Three Thousand Six Hundred Sixteen and 00/100 •**
U.S. Dollars,with interest on the unpaid principal balance from July 26, 2004 ,until
paid,at the rate of -0- percent per annum, with principal and interest payable at
915 TENTH STREET
or such other place as the Lender may designate,in SEE TERMS BELOW ** payments of:
••* N/A and /100 *** Dollars(U.S.N/A
due on the •* day of *•
beginning ;such payments to continue until the entire indebtedness evidenced
by said Note is fully paid;however,if not sooner paid,the entire principal amount outstanding and accrued interest thereon.
shall be due and payable on July 26, 2005 �( Qom'(/
•• vanomNMca Or Tao OBLIGATIONS CONTA:xmu p IN mROvRXrS WAaiONI AT •acapT3ox♦ 3202?6 r
and Borrower is to pay to Lender a late charge of N/A %of any payment not received by the Lender
within NA days after payment is due;and Borrower has the right to prepay the principal amount
outstanding under said Note,in whole or in part,at any time without penalty except
NA
B.the payment of all other sums,with interest thereon at N/A %per annum,disbursed by Lender in
accordance with this Deed of Trust to protect the security of this Deed of Trust;and
C.the performance of the covenants and agreements of Borrower herein contained.
3.Title. Borrower covenants that Borrower owns and has the right to grant and convey the Property,and warrants title to
the same,subject to general real estate taxes for the current year,easements of record or in existence,and recorded declarations,
restrictions,reservations and covenants,if any,as of this date and except
4.Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and interest on the indebtedness
evidenced by the Note,and late charges as provided in the Note and shall perform all of Borrower's other covenants contained
'in the Note.
i 5.Application of Payments.All payments received by Lender under the terms hereof shall be applied by Lender first in payment
of amounts due pursuant to paragraph 23(Escrow Funds for Taxes and Insurance),then to amounts disbursed by Lender pursuant
to paragraph 9(Protection of Lender's Security),and the balance in accordance with the terms and conditions of the Note.
The printed ponions of this form approved by the Colorado Real Estate Commission(TD72-7-96) ���
No. T072-7-96.1 DEED OF TRUST(DUE ON TRANSFER-STRICT) AlTrOS➢LICo
Borrower(s) Page 1 of 4 FC25043634 ae0)_ad. L_
RETURN TO: WELD COUNTY BOARD OF COUNTY COMMISSIONERS W6*
915 TENTH STREET
GREELEY, CO 80632
SKLD LG 172 . 20 . 16 . 31 WE 3202955-2004 . 001
1111 111111 III 111111u11111 AIM 11111 11111 11111Il 11111 Ili III I I I II I I I 11111
3202956 07/26/2004 09:24A Weld County, CO
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2606442 R 2100 0 D 0.00 St ve MorenoBClerk& Recorder
6. Prior Mortgages and Deeds of Trust;Charges;Liens. Borrower shall perform all of Borrower's obligations under any prior
deed of trust and any other prior liens.Borrower shall pay all taxes,assessments and other charges,tines and impositions
attributable to the Property which may have or attain a pnority over this Deed of Trust,and leasehold payments or ground rents,
it any,in the manner set out in paragraph 23(Escrow Funds for Taxes and Insurance)or,if not required to be paid in such
manner,by Borrower making payment when due,directly to the payee thereof.Despite the foregoing,Borrower shall not be
required to make payments otherwise required by this paragraph if Borrower,after notice to Lender,shall in good faith contest
such obligation,by or defend enforcement of such obligation m,legal proceedings which operate to prevent the enforcement of
the obligation or forfeiture of the Property or any part thereof,only upon Borrower making all such contested payments and
other payments as ordered by the court to the registry of the court m which such proceedings are filed.
7. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against
loss by tyre or hazards included within the term"extended coverage"in an amount at least equal to the lesser of(1)the insurable
value of the Property or(2)an amount sufficient to pay the sums secured by this Deed of Trust as any prior incumbrances on the
Property.All of the foregoing shall be known as"Property Insurance".
The insurance carrier providing the insurance shall be qualified to write Property Insurance in Colorado and shall be chosen by
I Borrower subject to Lender's right to reject the chosen carrier for reasonable cause.All insurance policies and renewals thereof
shall include a standard mortgage clause in favor of Lender,and shall provide that the insurance carrier shall notify Lender at
I least ten(10)days before cancellation,temihation or any material change of coverage.Insurance policies shall be furnished to
I Lender at or before closing.Lender shall have the right to hold the policies and renewals thereof.
In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss it not
made promptly by Borrower.
Insurance proceeds shall be applied to restoration or repair of the Property damaged,provided such restoration or repair is
economically feasible and the security of this Deed of Trust is not thereby impaired.If such restoration or repair is not
economically feasible or if the security of this Deed of Trust would be impaired,the insurance proceeds shall be applied to the
sums secured by this Deed of Trust,with the excess,if any,paid to Borrower.If the Property is abandoned by Borrower or if
Borrower fails to respond to Lender within 30 days from the date notice is given in accordance with paragraph 16(Notice)by
Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits. Lender is authorized to collect and
apply the insurance proceeds,at Lender's option,either to restoration or repair of the Property or to the sums secured by this
Deed of Trust.
Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in
paragraphs 4(Payment of Principal and Interest)and 23(Escrow Funds for Taxes and Insurance)or change the amount of such
installments. Notwithstanding anything herein to the contrary,if under paragraph 18(Acceleration;Foreclosure;Other Remedies)
the Property is acquired by Lender,all right,title and interest of Borrower any insurance policies and in and to the proceeds
thereof resulting from damage to the Property prior to the sale or acquisition shall pass to Lender to the extent of the sums
secured by this Deed of Trust immediately prior to such sale or acquisition.
All of the rights of Borrower and Lender hereunder with respect to insurance carriers,insurance policies and insurance proceeds
are subject to die rights of any holder of a prior deed of trust with respect to said insurance carriers policies and proceeds.
8. Preservation and Maintenance of Property.Borrower shall keep the Property in.good repair and shall not commit waste or
permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of Trust is on
a leasehold.Borrower shall perform all of Borrower's obligations under any declarations,covenants,by-laws,rules,or other
documents governing the use,ownership or occupancy of the Property.
9. Protection of Lender's Security.Except when Borrower has exercised Borrower's rights under paragraph 6 above,if the
Borrower fails to perform the covenants and agreements contained in this Deed of Trust,or if a default occurs in a pnor lien,or
if any action or proceeding is commenced which materially affects Lender's interest in the Property,then Lender,at Lender's
option,with notice to Borrower if required by law,may make such appearances,disburse such sums and take such action as is
necessary to protect Lender's interest,including,but not limited to:
(a) any general or special taxes or ditch or water assessments levied or accruing against the Property.
(b) the premiums on any insurance necessary to protect any improvements compnsing a part of the Property;
(c sums due on any pnor lien or encumbrance on the Property;
(d) if the Property is a leasehold or is subject to a lease,all sums due under such lease;
I (e the reasonable costs and expenses of defending,protecting,and maintaining the Property and,Lender's interest in the
Property,including repair and maintenance costs and expenses,costs and expenses of protecting and securing the property,
receiver's fees and expenses,inspection fees,appraisal fees,court costs,attorney fees and costs,and fees and costs of an
attorney in the employment of the Lender or holder of the certificate of purchase;
(f) all other costs and expenses allowable by the evidence of debt or this Deed of Trust,and
(g) such other costs and expenses which may be authorized by a court of competent jurisdiction.
I Borrower hereby assigns to Lender any right Borrower may have by reason of any prior encumbrance on the Property or by law
or otherwise to cure any default under said prior encumbrance.
Any amounts disbursed by Lender pursuant to this paragraph 9,with interest thereon shall become additional indebtedness of
Borrower secured by this Deed of Trust.Such amounts shall be payable upon notice from Lender to Borrower requesting payment
thereof,and Lender may bring suit to collect any amounts so disbursed plus interest specified in paragraph 2B(Note;Other
Obligations Secured).Nothing contained in this paragraph 9 shall require Lender to incur any expense or take any action
hereunder.
10. Inspection.Lender may make or cause to be made reasonable entries upon and inspection of the Property,provided that
Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefore related to Lender's interest
in the Property.
11. Condemnation.The proceeds of any award or claim for damages,direct or consequential,in connection with any con-
demnation or other taking of the Property,or part thereof,or for conveyance in lieu of condemnations are hereby assigned and
shall be paid to lender as herein provided.However,all of the rights of Borrower and Lender hereunder with respect to such
proceeds are subject to the rights of any holder of a prior deed of trust.
In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Deed of Trust,with the
excess,if any,paid to Borrower.In the event of a partial taking of the Property,the proceeds remaining after taking out any part
of the award dueany prior lien holder(net award)shall be divided between Lender and Borrower,in the same ratio as the amount
of the sums secured by this Deed of Trust immediately prior to the date of taking bears to Borrower's equity in the Property
immediately prior to the date of taking. Borrower's equity in the Property means the fair market value of the Property less the
amount of sums secured by both this Deed of Trust and all prior liens(except taxes)that are to receive any of the award,all at
the value immediately prior to the date of taking.
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 such notice is given.
Lender is authorized to collect and apply the proceeds,at Lender's option,either to restoration or repair of the Property or to the
sums secured by this Deed of Trust.
Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in
paragraphs 4(Payment of Principal and Interest)and 23(Escrow Funds for Taxes and Insurance)nor change the amount of such
installments.
12. Borrower Not Released. Extension of the time for payment or modification of amortization of sums secured by this Deed of
Trust granted by Lender to any surrecsor in interest of Borrower shall not operate to release,in any manner,the liability of the
original Borrower,nor Borrower's successors in interest,from the original terms of this Deed of Trust.
Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise
modify amortization of the sums secured by this Deed of Tnist by reason of any demand made by the original Borrower's
successors in interest.
13. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder,or
otherwise afforded by law,shall not be a waiver or preclude the exercise of any such right or remedy.
The printed portions of this form approved by the Colorado Rol Estate Commission(TD72.7-96)
No. T072-7-96.11 DEED OF TRUST(DUE ON TRANSFER-STRICT) C1I71 W'/J� ,f
Borrower(s)_ _ Page 2 of 4 lceeder(s)fUfa —
SKLD LG 172 . 20 . 16 . 31 WE 3202955-2004 . 002
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14.Remedies Cumulative, Each remedy provided in the Note and this Deed of Trust is distinct from any cumulative to all
other rights or remedies under the Note and this Deed of Trust or afforded by law or equity,and may be exercised concurrently,
independently or successively.
15.Successors and Assigns Bound;Joint and Several Liability;Captions. The covenants and agreements herein contained shall
bind,and the rights hereunder shall inure to,the respective successors and assigns of Lender and Borrower.
All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs in this Deed
of Trust are for convenience only and are not to be used to interpret or define the provisions hereof.
16.Notice. Except for any notice required by law to be given m another manner,(a)any notice to Borrower provided for in this
Deed of Trust shall be in writing and l be given and be effective upon(1)delivery to Borrower or(2)mailing such notice by
first-class U.S.mail,addressed to Borrower at Borrower's address stated herein or at such other address as Borrower map
designate by notice to Lender as provided herein,and(b)any notice to Lender shall be in writing and shall be given and be
effective upon(I)delivery to Lender or(2)mailing such notice by first-class U.S.mail,to Lender's address stated herein or to
such other address as Lender may designate by notice to Borrower as provided herein.
Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in any
manner designated herein.
17.Governing Law;Severability. The Note and this Deed of Trust shall be governed by the law of Colorado.In the event that
I any provision or clause of this Deed of Trust or the Note conflicts with the law,such conflict shall not affect other provisions of
I this Deed of Trust or the Note which can be given effect without the conflicting provision,and to this end the provisions of the
I Deed of Trust and Note are declared to be severable.
18.Acceleration;Foreclosure;Other Remedies. Except as provided in paragraph 24(Transfer of the Property,Assumption),
upon Borrower's breach of any covenant or agreement of Borrower in this Deed-of Trust,or upon any default c m a prior lein upon
the Property,(unless Borrower has exercised Borrower's rights under paragraph 6 above),at Lender's option all of the sums
secured by this Deed of Trust shall be immediately due and payable(Acceleration). To exercise this option,Lender may invoke
the power of sale and any other remedies permitted by law.Lender shall be entitled to collect all reasonable costs and expenses
incurred in pursuing the remedies provided in this Deed of Trust,including,but not limited to,reasonable attorney's fees.
If Lender invokes the power of sale,Lender shall give written notice to Trustee of such election.Trustee shall give such notice
to Borrower of Borrower's rights as is provided bylaw. Trustee shall record a copy of such notice as required by law.
Trustee shall advertise the time and place of the sale of the Property for not less than four weeks in a newspaper of general
circulation in each county in which the Property is situated,and shall mail copies of such notice of sale to Borrower and other
persons as prescribed by law.After the lapse of such time as may be required by law,Trustee without demand on Borrower,
shall sell the Property at public auction to the highest bidder for cash at the time and place(which may be on the Property or any
part thereof as permitted by law)in one or more parcels as Trustee may think best and in such order as Trustee may determine.
Lender or Lender's designee may purchase the Property at any sale. It shall not be obligatory upon the purchaser at any
such sale to see to the application of the purchase money..
Trustee shall apply the proceeds of the sale in the following order:(a)to all reasonable costs and expenses of the sale,including
but not limited to,reasonable Trustee's and attorney's fees and costs of title evidence;(b)to all sums secured by this Deed of
Trust;and(c)the excess,if any,to the person or persons legally entitled thereto.
19.Borrower's Right to Cure Default. Whenever foreclosure is commenced for nonpayment of any sums due hereunder,the
owners of the Property or parties liable hereon shall be entitled to cure said defaults by paying all delinquent principal and interest
payments due as of the date of cure,costs,expenses, late charges,attorney's fees and other fees all in the manner provided by law
Upon such payment,this Deed of Trust and the obligations secured hereby shall remain in full force and effect as though no
Acceleration had occured,and the foreclosure proceedings shall be discontinued.
20.Assignment of Rents;Appointment of Receiver;Lender in Possession. As additional security hereunder,Borrower hereby
assigns to Lender the rents of the Property;however,Borrower shall,prior to Acceleration under paragraph 18(Acceleration;
Foreclosure;Other Remedies)or abandonment of the Property,have the right to collect and retain such rents as they become due
and payable.
Lender or the holder of the Trustee's certificate of purchase shall be entitled to a receiver for the Property after Acceleration
under paragraph 18(Acceleration;Foreclosure;Other Remedies) and shall also be so entitled during the time covered by
foreclosure proceedings and the period of redemption,if any;and shall be entitled thereto as a matter of right without regard
to the solvency or insolvency of Borrower or of the then owner of the Property,and without regard to the value thereof.
Such receiver may be appointed by any Court of competent jurisdiction upon ex parte application and without notice-notice
being hereby expressly waived.
I Upon Acceleration underparagraph 18(Acceleration;Foreclosure;Other Remedies)or abandonment of the Property,Lender,
I in person,by agent or by judicially-appointed receiver,shall be entitled to enter upon,take possession of and manage the Property
and to collect the rents of the Property including those past due,All rents collected by Lender or the receiver shall be applied
first,to payment of the costs of preservation and management of the Property second,to payments due upon prior liens,and
D'then to the sums secured by this ad of Trust.Lender and the receiver shall be liable to account only for those rents actually
received.
21.Release.Upon payment of all sums secured by this Deed of Trust Lender shall cause Trustee to release this Deed of Trust
and shall produce for Trustee the Note.Borrower shall pay all costs off recordation and shall pay the statutory Trustee's fees.
,If Lender shall not produce the Note as aforesaid,then Lender,upon notice in accordance with paragraph 16(Notice)from
Borrower to Lender,shall obtain,at Lender's expense,and file any lost instrument bond required by Trustee or pay the cost
thereof to effect the release of this Deed of Trust.
22.Waiver of Exemptions. Borrower hereby waives all right of homestead and any other exemption in the Property under
state or federal law presently existing or hereafter enacted.
23.Escrow Funds for Taxes and Insurance. This paragraph 23 is not applicable if Funds as defined below are being paid
pursuant to a prior encumbrance.Subject to applicable law,Borrower shall pay to Lender,on each day installments of principal
and interest payable under the Note,until the Note is paid in MI,a sum(herein referred to as"Funds")equal to
of the yearly taxes and assessments which may attain priority over this Deed of Trust
of yearly premium installments for Property Insurance,all as reasonably estimated initially and
from lime to time by Lender on the basis of assessments and bills and reasonable estimates,thereof,taking into account any
excess Funds not used or shortages.
The principal of the Funds shall be held in a separate account by the Lender in trust for the benefit of the Borrower and deposited
in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency.
Lender shall apply the Funds to pay said fairs,assessmentsand insurance premiums.Lender may not charge f
c.harge for
so
hthwrad
applying the Funds,analyzing said account or verifying and compiling said assessments and bills.Lender shall required
to pay Borrower any interest or earnings on the Funds.Lender shall give to Borrower,without charge,an annual accounting of
the Funds showing 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 the sums secured by this Deed of Trust.
If the amount of the Funds held by Lender shall not be sufficient to pay taxes,assessments and insurance premiums as they,fall
due,Borrower shall pay to Lender any amount necessary to make up the deficiency within 30 days from the date notice is given
in accordance with paragraph 16(Nonce by Lender to Borrower requesting payment thereof.Provided however,if the loan
secured by this Deed of Trust is subject to RESPA or other laws regulating Escrow Accounts,such deficiency,surplus or an
other required adjustment shall be paid,credited or adjusted in compliance with such applicable laws.
Upon payment in full of all sums secured by this Deed of Trust,Lender shall simultaneously refund to Borrower any Funds
held by Lender.If under paragraph 18(Acceleration;Foreclosure;Other Remedies)the Property is sold or the Property,is
otherwise acquired by Lender,Lender shall apply,no later than immediate) prior to the sale of the Property or its acquisition
by Lender,whichever occurs first,any Funds held by Lender at the time of applicationas a credit against the sums secured by
I this Deed of Trust.
24.Transfer of the Property;Assumption. The following events shall be referred to herein as a"Transfer":(i)a transfer or
conveyance of title(or any portion thereof,legal or equitable)of the Property(or any part thereof or interest therein),
(ii)the execution of a contract or agreement creating a right to title(or any portion thereof,legal or equitable)in the Property
I(or any part thereof or interest therein),(iii)or an agreement granting a possessory right in the Property(or any portion 1Lereof),
The printed portions of this form approved by the Colorado Real Estate Commission(T072-7-96) ,.
No. TD72-7-96.III DEED OF TRUST(DUE ON TRANSFER-STRICT) teiniiste Borrower(s)_ Page 3 of 4 iender(s)o " AUif
SKLD LG 172 . 20 . 16 . 31 WE 3202955-2004 . 003
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in excess of three(3)years,(iv)a sale or transfer of,or the execution of a contract or agreement creating a right to acquire or
receive,more than fifty percent(50%)of the controlling interest or more than fifty percent(50%)of the beneficial interest in the
Borrower,(v)the reorganization,liquidation or dissolution of the Borrower.Not to be included as a Transfer are(i)the creation
of a lien or encumbrance subordinate to this Deed of Trust,(ii)the creation of a purchase money security interest for household
appliances,or(iii)a transfer by devise,descent or by operation of the law upon the death of a joint tenant. At the election of
Lender,in the event of each and every Transfer:
(a)All sums secured by this Deed of Trust shall become immediately due and payable(Acceleration).
(b)If a Transfer occurs and should Lender not exercise Lender's option pursuant to paragraph 24 to Accelerate,Transferee
shall be deemed to have assumed all of the obligations of Borrower under this Deed of Trust including all sums secured hereby
whether or not the instrument evidencing such conveyance,contract or grant expressly so provides.This covenant shall run
with the Property and remain in full force and effect until said sums are paid in full.The Lender may without notice to Borrower
I deal with Transferee in the same manner as with the Borrower with reference to said sums including the payment or credit to
I Transferee of undisbursed reserve Funds on payment in full of said sums,without in any way altering or discharging the
Borrower's liability hereunder for the obligations hereby secured.
' (c)Should Lender not elect to Accelerate upon the occurance of such Transfer then,subject to(b)above,the mere fact of
lapse of time or the acceptance of payment subsequent to any of such events,whether or not Lender bad actual or constructive
notice of such Transfer,shall not be deemed a waiver of Lender's right to make such election nor shall Lender be estopped
therefrom by virtue thereof.The issuance on behalf of the Lender of a routine statement showing the status of the loan,whether
or not Lender had actual or constructive notice of such Transfer,shall not be a waiver or estoppel of Lender's said rights.
25. Borrower's Copy. Borrower acknowledges receipt of a copy of the Note and this Deed of Trust.
III BORROWER(S):
(A).B bra t--ma B! ' .
W. B. FARMS, LLC, A COLORADO LIMITED LIABILITY •
COMP),9Y
I/ ALO
BY CARL V. HILL, MEMBER
BY WESL BRETT HILL,
CHARION GREENSMITH
STATE OF Colorado ) NOTARY PUBLIC
)ss. STATE OF COLORADO
COUNTY L-42-6/4/ > My Commission Expires Mr.6,2007
I
The foregoing instrument was acknowledged before me on this day of July 22, 2004 ,
by W. B. FARMS, LLC, A COLORADO LIMITED LIABILITY COMPANY BY CARL V. HILL AND
WESLEY BRETT HILL MEMBERS
Witness my hand and official seal.
My commission expires: ,� 6�2
SCf//Yr )
Notary Public
The primed portions of this Oran approved by the Colorado Real Estate Commission(TD72-7-9b) �V"'
No.TD72-7-96.IV DEED OF TRUST(DUE ON TRANSER-STRICT) � ^—
�
Borrower(s)_ _ Page 4 of 4 arts)eui. w-
SKLD LG 172 . 20 . 16 . 31 WE 3202955-2004 . 004
Land Title Guarantee Company
Date: March 11, 2005
WELD COUNTY BOARD OF COMMISSIONERS
915 10TH STREET
GREELEY, CO 80631
LEE D. MORRISON
Re: Your Ref. Number
Enclosed please find your Land Title Guarantee Company loan policy insuring the property at
VACANT LAND WELD COUNTY ROAD 80 EATON CO 80615
and owned by W. B. FARMS, LLC, A COLORADO LIMITED LIABILITY COMPANY
The following endorsements are included in this policy:
Please review this policy in its entirety. In the event that you find any discrepancy, or if you have any questions
or comments regarding your policy, you may contact Final Policy Department
Phone: 970-282-3649 Fax: 970-282-3652
Please refer to our Order No. FC25043634
We at Land Title Guarantee Company believe in delivering quality products that meet your needs, and our goal is to provide
the most efficient, reliable service in the industry. Thank you for giving us the opportunity to serve you!
Sincerely,
Land Title Guarantee Company
SPEEDY CORRECTION/ENDORSEMENT
REQUEST FORM
Fax To: 303-755-7907 Land Title Guarantee Company
PLEASE FAX CORRECTION(S) OR ANY 14001 East Iliff, Ste. 500
COMMENTS YOU MIGHT HAVE. Aurora, CO 80014
Attn: Lori Andersen
Finals Department
Land Title Order #
From: Phone:
Name:
Problem:
1. Amend Tax Clause 6. NEW Mailing Address
2. Typographical Error 7. Names Incorrect/Misspelled
3. Mortgage Information 8. Mortgage Clause Incorrect
Incorrect or Incomplete or Incomplete
4. Exception Error 9. Other
5. Endorsement Form Requested - Add or Delete
**Explanation: Please provide a brief description of any problems you have had.
Thank you in advance for your cooperation in this matter. Our goal is to offer you the
best of service. As always, your comments are highly regarded. We are looking
forward to working with you again!
Form 266 Revised 11-]001 LeMers
* LOAN POLICY
T yy* American Land Title Association Loan Policy 10-17N2
T T
SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
* * * CONDITIONS AND STIPULATIONS,OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY,a Minnesota corporation,herein called
the Company,insures,as of Date of Policy shown in Schedule A,against loss or damage,not exceeding the Amount of Insurance stated in
Schedule A,sustained or incurred by the insured by reason of:
1. Title to the estate of interest described in Schedule A being vested other than as stated therein;
2. Any detect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land;
5. The invalidity or unenforceability of the lien of the insured mortgage upon the title;
6. The priority of any lien or encumbrance over the lien of the insured mortgage;
7. Lack of priority of the lien of the insured mortgage over any statutory lien for services,labor or material;
(al arising from an improvement or work related to the land which is contracted far or commenced prior to Date of Policy;or
(b) arising from an improvement or work related to the land which is contracted for or commenced subsequent to Date of Policy and which is financed in whole or in part
by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance;
8. The invalidity or unenforceability of any assignment of the insured mortgage,provided the assignment is shown on Schedule A,or the failure of the assignment shown in
Schedule A to vest title to the insured mortgage in the named insured assignee free and clear of all liens.
The Company will also pay the costs,attorney's fees and expenses incurred in defense of the title or the lien of the insured mortgage,as insured,but only to the extent provided
in the Conditions and Stipulations.
IN WITNESS WHEREOF,the said OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized
officers as of the date shown in Schedule A,the policy to be valid when countersigned by an authorized officer or agent of the Company.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the policy insures the priority of the lien of the insured mortgage over any statutory
Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by lien for services,labor or material(;or
reason of: lel resulting in loss or damage which would not have been sustained if the insured
1. (a)Any law,ordinance or governmental regulation(including but not limited to claimant had paid value for the insured mortgage.
building and zoning laws,ordinances,or regulations)restricting,regulating, 4. Unenforceability of the lien of the insured mortgage because of the inability or failure
prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(iii of the insured at Date of Policy,or the inability or failure of any subsequent owner of
the character dimensions or location of any improvement now or hereafter erected the indebtedness,to comply with applicable doing business laws of the state in which
on the land Iiii)a separation in ownership or a change in the dimensions or area the land is situated.
of the land or any parcel of which the land is or was a part;of(iv)environmental 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,
protection,or the effect of any violation of these laws,ordinances or governmental which arises out of the transaction evidenced by the insured mortgage and is based
regulations,except to the extent that a notice of the enforcement thereof or a upon usury or any consumer credit protection or truth in lending law.
notice of a defect,lien or encumbrance resulting from a violation or alleged 6. Any statutory lien for services,labor or materials(or the claim of priority of any
violation affecting the land has been recorded in the public records at Date statutory lien for services,labor or materials over the lien of the insured mortgage)
of Policy. arising from an improvement or work related to the land which is contracted for and
(b) Any governmental police power not excluded by(a)above,except to the extent commenced subsequent to Date of Policy and is not financed in whole or in part by
that a notice of the exercise thereof or a notice of a defect,lien or encumbrance proceeds of the indebtedness secured by the insured mortgage which at Date of
resulting from a violation or alleged violation affecting the land has been Policy the insured has advanced or is obligated to advance.
recorded in the public records at Date of Policy. 7. Any claim,which arises out of the transaction creating the interest of the mortgagee
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in insured by this policy,by reason of the operation of federal bankruptcy,state
the public records at Date of Policy,but not excluding from coverage any taking insolvency,or similar creditors'rights laws,that is based on:
which has occurred prior to Date of Policy which would be binding on the rights of (a) the transaction creating the interest of the insured mortgagee being deemed a
a purchaser for value without knowledge. fraudulent conveyance or fraudulent transfer;or
3. Defects,liens,encumbrances,adverse claims or other mattters; lb) the subordination of the interest of the insured mortgagee as a result of the
(al Created,suffered,assumed or agreed to by the insured claimant; application of the doctrine of equitable subordination;or
161 not known to the Company,not recorded in the public records at Date of Policy, (c) the transaction creating the interest of the insured mortgagee being deemed a
but known to the insured claimant and not disclosed in writing to the Company preferential transfer except where the preferential transfer results from the
by the insured claimant insured prior to the date the insured claimant became an failure;
insured under this policy; (i) to timely record the instrument of transfer;or
(c) resulting in no loss or damage to the insured claimant; liil of such recordation to impart notice to a purchaser for value or a
(di attaching or created subsequent to Date of Policy(except to the extent that this judgment or lien creditor.
Old Republic National Title Insurance Company
Issued through the Office of: A Stock Company
LAND TITLE GUARANTEE COMPANY 700 Second Avenue South,Minneapolis,Minnesota 55401
772 WHALERS WAY#100 (61213711111
FORT COLLINS,CO 80525
970-282-3649
A,01447 *
G9
V * 2
Authorized ignature - _Aire.� m el/./1/:'"b* * * do .
),Nd
AL.ORT(Form 4010) Cover Page 1 of 4 ""
CONDITIONS AND STIPULATIONS
1. Definition of Terms. 3. Notice of Claim to be Given by Insured Claimant.
The following terms when used in this policy mean: The Insured shall notify the Company promptly in writing Win case of any litigation
la) "insured":the insured named in Schedule A.The term"insured"also includes: as set forth in Section 41a1 below,liil in case knowledge shall come to an insured hereunder
' (i)the owner of the indebtedness secured by the insured mortgage and each of any claim of title or interest which is adverse to the title to the estate or interest or
successor in ownership of the indebtedness except a successor who is an obligor the lien of the insured mortgage,as insured,and which might cause loss or damage of
under the provisions of Section 121c1 of these Conditions and Stipulations(reserving, which the Company may be liable by virtue of this policy,or liii)if title to the estate
however,all rights and defenses as to any successor that the Company would have had of interest or the lien of the insured mortgage,as insured,is rejected as unmarketable.
against any predecessor insured,unless the successor acquired the indebtedness as a If prompt notice shall not be given to the Company,then as to the insured all liability
purchaser for value without knowledge of the asserted defect,lien,encumbrance,adverse of the Company shall terminate with regard to the matter or matters for which prompt notice
claim or other matter insured against by this policy as affecting title to the estate or is required;provided,however,that failure to notify the Company shall in no case prejudice
interest in the land); by the failure and then only to the extent of the prejudice.
Iii) any governmental agency or governmental instrumentality which is an
insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing the 4. Defense and Prosecution of Actions;Duty of Insured Claimant to Cooperate.
indebtedness secured by the insured mortgage,or any part thereof,whether named as an lal Upon written request by the insured and subject to the options contained in
insured herein or not; Section 6 of these Conditions and Stipulations,the Company at its own cost and without
liiit the parties designated in Section 2(a)of these Conditions and Stipulations. unreasonable delay,shall provide far the defense of an insured in litigation in which any
(b)"insured claimant":an insured claiming loss or damage. third party asserts a claim adverse to the title or interest as insured,but only as to those
(c)"knowledge"or"known":actual knowledge,not constructive knowledge or stated causes of action alleging a defect,lien or encumbrance or other matter insured
notice which may be imputed to an insured by reason of the public records as defined in against by this policy.The Company shall have the right to select counsel of its choice
this policy or any other records which impart constructive notice of matters affecting (subject to the right of the insured to object for reasonable cause)to represent the insured
the land. as to those stated causes of action and shall not be liable for and will not pay the fees of
Id) "land":the land described or referred to in Schedule A,and improvements any other counsel.The Company will not pay any fees,costs or expenses incurred by the
affixed thereto which by law constitute real property.The term"land"does not include insured in the defense of those causes of action which allege matters not insured against
any property beyond the lines of the area described or referred to in Schedule A,nor by this policy.
any right,title,interest,estate or easement in abutting streets,roads,avenues,alleys, (b) The Company shall have the right,at its own cost,to institute and prosecute
lanes,ways,or waterways,but nothing herein shall modify or limit the extent to which any action or proceeding or to do any other act which in its opinion may be necessary or
a right of access to and from the land is insured by this policy. desirable to establish the title to the estate or interest or the lien of the insured mortgage.
(e) "mortgage":mortgage,deed of trust,trust deed,or other security instrument. as insured,or to prevent or reduce loss or damage to the insured.The Company may take
If) "public records":records established under state statutes as Date of Policy for any appropriate action under the terms of this policy,whether or not it shall be liable
the purpose of imparting constructive notice of matters relating to real property to hereunder,and shall not thereby concede liability or waive any provision of this policy.
purchasers for value and without knowledge.With respect to Section 1lallivl of the If the Company shall exercise its rights under this paragraph,it shall do diligently.
Exclusions from Coverage,"public records"shall also include environmental protection Ic)Whenever the Company shall have brought an action or interposed a defense
liens filed in the records of the clerk of the United States District Court for the district as required or permitted by the provisions of this policy,the Company may pursue any
in which the land is located. litigation to final determination by a court of competent jurisdiction and expressly reserves
Igl "unmarketability of the title":an alleged or apparent matter affecting the title to the right,in its sole descretion,to appeal from any adverse judgment or order.
the land,not excluded or excepted from coverage,which would entitle a purchaser of Id) In all cases where this policy permits or requires the Company to prosecute or
the estate ar interest described in Schedule A or the insured mortgage to be released from provide for the defense of any action or proceeding,the insured shall secure to the
the obligation to purchase by virtue of a contractual condition requiring the delivery of Company the right to so prosecute or provide defense in the action or proceeding,and all
marketable title. appeals therein,and permit the Company to use,at its option,the name of the insured for
this purpose.Whenever requested by the Company,the insured,at the Company's expense,
2. Continuation of Insurance. shall give the Company all reasonable aid CO in any action or proceeding,securing
la) After Acquisition of Title.The coverage of this policy shall continue in force as of evidence,obtaining witnesses,prosecuting or defending the action or proceeding,or
Date of Policy in favor of lil an insured who acquires all or any part of the estate or interest effecting settlement,and liil in any other lawful act which in the opinion of the Company
in the land by foreclosure,trustee's sale,conveyance in lieu of foreclosure,or other legal may be necessary or desirable to establish the title to the estate or interest or the lien
manner which discharges the lien of the insured mortgage,WI a transferee of the estate or of the insured mortgage,as insured.If the Company is prejudiced by the failure of the
interest so acquired from an insured corporation,provided the transferee is the parent or insured to furnish the required cooperation,the Company's obligation to the insured
wholly-owned subsidiary of the insured corporation,and their corporate successors by under the policy shall terminate,including any liability or obligation to defend,prosecute,
operation of law and not by purchase,subject to any rights or defenses the Company may or continue any litigation,with regard to the matter or matters requiring such cooperation.
have against any predecessor insureds;and(iii)any governmental agency or governmental
instrumentality which acquires all or any part of the estate or interest pursuant to a 5. Proof of Loss or Damage.
contract of insurance or guaranty insuring or guaranteeing the indebtedness secured by In addition to and after the notices required under Section 3 of these Conditions and
the insured mortgage. Stipulations have been provided to the Company,a proof of lass or damage signed and
lb) After Conveyance of Title. The coverage of this policy shall continue in force as sworn to by the insured claimant shall be furnished to the Company within 90 days after
of Date of Policy in favor of an insured only so long as the insured retains an estate or the insured claimant shall ascertain the facts giving rise to the loss or damage.The proof
interest in the land,or holds an indebtedness secured by a purchase money mortgage given of loss or damage shall describe the defect in,or lien or encumbrance on the title,or
by a purchaser from the insured,or only so tang as the insured shall have liability by reason other matter insured against by this policy which constitutes the basis of loss or damage
of covenants of warranty made by the insured in any transferor conveyance of the estate and shall state,to the extent possible,the basis of calculating the amount of the loss
or interest.This policy shall not continue in force in favor of any purchaser from the insured or damage.If the Company is prejudiced by the failure of the insured claimant to provide
of either(i)an estate or interest in the land,or Oil an indebtedness secured by a purchase the required proof of loss or damage,the Company's obligations to the insured under the
money mortgage given to the insured. policy shall terminate,including any liability or obligation to defend,prosecute.or
Ic) Amount of Insurance. The amount of insurance after the acquisition or alter the continue any litigation,with regard to the matter or matters requiring such proof of
conveyance shall in neither event exceed the least of: loss or damage.
(i) the Amount of Insurance state in Schedule A: In addition,the insured claimant may reasonably be required to submit to examination
(ii)the amount of the principal of the indebtedness secured by the insured under oath by any authorized representative of the Company and shall produce for
mortgage as of date of Policy,interest thereon,expenses of foreclosure,amounts advanced examination,inspection and copying,at such reasonable times and places as may be
pursuant to the insured mortgage to assure compliance with laws or to protect the lien of designated by any authorized representative of the Company,all records,books,ledgers,
the insured mortgage prior to the time of acquisition of the estate or interest in the land checks,correspondence and memoranda,whether bearing a date before or after Date of
and secured thereby and reasonable amounts expended to prevent deterioration of Policy,which reasonably pertain to the loss or damage.Further,if requested by any
improvements,but reduced by the amount of all payments made:or authorized representative of the Company,the insured claimant shall grant its permission,
Iel) the amount paid by any governmental agency or governmental in writing,for any authorized representative of the Company to examine,inspect and copy
instrumentality,if the agency or instrumentality is the insured claimant,in the acquisition all records,books,ledgers,checks,correspondence and memoranda in the custody or
of the estate or interest in satisfaction of its insurance contract or guaranty.
AL.DRT.2 Cover Page 2 of 4
control of a third party,which reasonably pertain to the loss or damage.All information its obligations with respect to that matter and shall not be liable for any loss or
designated as confidential by the insured claimant provided to the Company pursuant to damage caused thereby.
this Section shall not be disclosed to others unless,in the reasonable judgment of the (b( In the event of any litigation,including litigation by the Company or with the
Company,it is necessary in the administration of the claim.Failure of the insured claimant Company's consent,the Company shall have no liability for loss or damage until there
to submit for examination under oath,produce other reasonably requested information has been a final determination by a court of competent jurisdiction,and disposition of all
or grant permission to secure reasonably necessary information form third parties as appeals therefrom,adverse to the title or to the lien of the insured mortgage,as insured.
required in this paragraph,unless prohibited by law or governmental regulation,shall (c) The Company shall not be liable for loss or damage to any insured for liability
terminate any liability of the Company under this policy as to that claim. voluntarily assumed by the insured in settling any claim or suit without the prior
written consent of the Company.
6. Options to Pay or Otherwise Settle Claims;Termination of Liability. (dl The Company shall not be liable for:lil any indebtedness created subsequent to
In case of a claim under this policy,the Company shall have the following Date of Policy except for advances made to protect the lien of the insured mortgage and
additional options: secured thereby and reasonable amounts expended to prevent deterioration of
(a)To Pay or Tender Payment of the Amount of Insurance or to Purchase the improvements;or(ii)construction loan advances made subsequent to Date of Policy,
Indebtedness. except construction loan advances made subsequent to Date of Policy for the purpose of
(i)to pay or tender payment of the amount of insurance under this policy financing in whole or in part the construction of an improvement to the land which at
together with any costs,attorneys'fees and expenses incurred by the insured claimant, Date of Policy were secured by the insured mortgage and which the insured was and
which were authorized by the Company,up to the time of payment or tender of payment continued to be obligated to advance at and after Date of Policy.
and which the Company is obligated to pay;or
liil to purchase the indebtedness secured by the insured mortgage for the 9. Reduction of Insurance;Reduction or Termination of Liability.
amount owing thereon together with any costs,attorneys'fees and expenses incurred by (a) All payments under this policy,except payment made for costs,attorneys'fees
the insured claimant which were authorized by the Company up to the time of purchase and expenses,shall reduce the amount of the insurance pro lento.However,any payments
and which the Company is obligated to pay. made prior to the acquisition of title to the estate or interest as provided in Section
If the Company offers to purchase the indebtedness as herein provided,the owner of 2(a)of these Conditions and Stipulations shall not reduce pro tanto the amount of the
the indebtedness shall transfer,assign,and convey the indebtedness and the insured insurance afforded under this policy except to the extent that the payments reduce the
mortgage,together with any collateral security,to the Company upon payment therefore. amount of the indebtedness secured by the insured mortgage.
Upon the exercise by the Company of either of the options provided for in paragraphs lb) Payment in part by any person of the principal of the indebtedness,or any other
(allil or(ii),all liability and obligations to the insured under this policy,other than to obligation secured by the insured mortgage,or any voluntary partial satisfaction or
make the payment required in those paragraphs,shall terminate,including any liability or release of the insured mortgage,to the extent of the payment,satisfaction or release,
obligation to defend,prosecute,or continue any litigation,and the policy shall be shall reduce the amount of insurance pro tanto.The amount of insurance may thereafter
surrendered to the Company for cancellation. be increased by accruing interest and advances made to protect the lien of the insured
(b)To Pay or Otherwise Settle With Parties Other Than the Insured or With The mortgage and secured thereby,with interest thereon,provided in no event shall the
Insured Claimant. amount of insurance be greater than the Amount of Insurance stated in Schedule A.
(i)to pay or otherwise settle with other parties for or in the name of an lc) Payment in full by any person or the voluntary satisfaction or release of the
insured claimant any claim insured against under this policy,together with any costs, insured mortgage shall terminate all liability of the Company except as provided in
attorneys'fees and expenses incurred by the insured claimant which were authorized by Section 2(a)of these Conditions and Stipulations.
the Company up to the time of payment and which the Company is obligated to pay;or
lii)to pay or otherwise settle with the insured claimant the loss or damage 10.Liability Noncumulative.
provided for under this policy,together with any costs,attorneys'tees and expenses If the insured acquires title to the estate or interest in satisfaction of the
incurred by the insured claimant which were authorized by the Company up to the indebtedness secured by the insured mortgage,or any part thereof,it is expressly
time of payment and which the Company is obligated to pay. understood that the amount of insurance under this policy shall be reduced by any amount
Upon the exercise by the Company of either of the options provided for in the Company may pay under any policy insuring a mortgage to which exception is taken in
paragraphs Ib(U)or lii),the Company's obligations to the insured under this policy Schedule Bar to which the insured has agreed,assumed,or taken subject,or which is
for the claimed loss or damage,other than the payments required to be made,shall hereafter executed by an insured and which is a charge or lien on the estate or interest
terminate,including any liability or obligation to defend,prosecute,or continue described or referred to in Schedule A,and the amount so paid shall be deemed a payment
any litigation. under this policy.
7. Determination and Extent of Liability. 11.Payment of Loss.
This policy is a contract of indemnity against actual monetary loss or damage la) No payment shall be made without producing this policy for endorsement of the
sustained or incurred by the insured claimant who has suffered loss or damage by payment unless the policy been lost or destroyed,in which case proof of loss or
reason of matters insured against by this policy and only to the extent herein described. destruction shall be furnished to the satisfaction of the Company.
(a) The liability of the Company under this policy shall not exceed the least of; (b) When liability and the extent of loss or damage has been definitely fixed in
li)the Amount of Insurance stated in Schedule A,or,if applicable,the accordance with the Conditions and Stipulations,the loss or damage shall be payable
amount of insurance as defined in Section 2(c)of these Conditions and Stipulations, within 30 days thereafter.
liil the amount o the unpaid principal indebtedness secured by the insured
mortgage as limited or provided under Section 8 of these Conditions and Stipulations 12.Subrogation Upon Payment or Settlement.
or as reduced under Section 9 of these Conditions and Stipulations,at the time the (a) The Company's Right of Subrogation.
loss or damage insured against by this policy occurs,together with interest thereon;or Whenever the Company shall have settled and paid a claim under this policy,all
liii)the difference between the value of the insured estate or interest as right of subrogation shall vest in the Company unaffected by any act of the insured
insured and the value of the insured estate or interest subject to the defect,lien or claimant.
encumbrance insured against by this policy. The Company shall be subrogated to and be entitled to all rights and remedies which
lb) In the event the insured has acquired the estate or interest in the manner the insured claimant would have had against any person or property in respect to the
described in Section 2(a)of these Conditions and Stipulations or has conveyed the claim had this policy not been issued.It requested by the Company,the insured claimant
title then the liability of the Company shall continue as set forth in Section 7)a)of shall transfer to the Company all rights and remedies against any person or property
these Conditions and Stipulations. necessary in order to perfect this right of subrogation.The insured claimant shall
(c) The Company will pay only those costs,attorneys'fees and expenses permit the Company to sue,compromise or settle in the name of the insured claimant
incurred in accordance with Section 4 of these Conditions and Stipulations. and to use the name of the insured claimant in any transaction or litigation involving
these rights or remedies.
8. Limitation of Liability.
(a) If the Company establishes the title,or removes the alleged defect,lien It a payment on account of a claim does not fully cover the loss of the insured
or encumbrance,or cures the lack of a right of access to or tram the land,or claimant,the Company shall be subrogated to all rights and remedies of the insured
cures the claim of unmarketability of title,or otherwise establishes the lien of the insured claimant after the insured claimant shall have recovered its principal,interest,and
mortgage,all as insured,in a reasonably diligent manner by any method,including costs of collection.
litigation and the completions of any appeals therefrom,it shall have fully performed
AL.ORT.3 Cover Page 3 of 4
Ibl The Insured's Rights and Limitations. shall be arbitrated only when agreed to by both the Company and the insured.
Notwithstanding the foregoing,the owner of the indebtedness secured by the insured Arbitration pursuant to this policy and under the Rules in effect on the date the demand
mortgage,provided the priority of the lien of the insured mortgage or its enforceability far arbitration is made or,at the option of the insured,the Rules in effect at Date of
is not affected,may release or substitute the personal liability of any debtor or Policy shall be binding upon the parties.The award may include attorneys'fees only
guarantor,or gxtend or otherwise modify the terms of payment,or release a portion of if the laws of the state in which the land is located permit a court to award attorneys'
the estate or interest from the lien of the insured mortgage,or release any collateral fees to a prevailing party.Judgment upon the award rendered by the Arbitrator(s)may he
security for the indebtedness. interest in any court having jurisdiction thereof.
When the permitted acts of the insured claimant occur and the insured has The law of the situs of the land shall apply to an arbitration under the Title
knowledge of any claim of title or interest adverse to the title to the estate or Insurance Arbitration Rules.
interest or the priority or enforceability of the lien of the insured mortgage,as A copy of the Rules may be obtained from the Company upon request.
insured,the Company shall be required to pay only that part of any losses insured
against by this policy which shall exceed the amount,if any,lost to the Company by 14.Liability Limited to This Policy,Policy Entire Contract.
reason of the impairment by the insured claimant of the Company's right of subrogation. lal This policy together with all endorsements,if any,attached hereto by the
(c)The Company's Rights Against Noninsured Obligors. Company is the entire policy and contract between the insured and the Company.In
The Company's right of subrogation against non-insured obligors shall exist and interpreting any provision of this policy,this policy shall be construed as whole.
shall include,without limitation,the rights of the insured to indemnities,guaranties, (b) Any claim of loss or damage,whether or not based on negligence,and which
other policies of insurance or bands,notwithstanding any terms or conditions contained arises out of the status of the lien of the insured mortgage or of the title to the
in those instruments which provide for subrogation rights by reason of this policy. estate or interest covered hereby or by any action asserting such claim,shall be
The Company's right of subrogation shall not be avoided by acquisition of the restricted to this policy.
insured mortgage by an obligor(except an obligor described in Section 1lallii)of lc) No amendment of or endorsement to this policy can be made except by a writing
these Conditions and Stipulations)who acquires the insured mortgage as a result of an endorsed hereon or attached hereto signed by either the President,a Vice President,
indemnity,guarantee,other policy of insurance,or bond and the obligor will not be the Secretary,an Assistant Secretary,or validating officer or authorized signatory
an insured under this policy,notwithstanding Section tla)(il of these Conditions and of the Company.
Stipulations.
15.Severability.
13.Arbitration. In the event any provison of this policy is held invalid or unenforceable under
Unless prohibited by applicable law,either the Company or the insured may demand applicable law,the policy shall be deemed not to include that provision and all other
arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration provisions shall remain in full force and effect.
Assocition.Arbitrable matters may include,but are not limited to,and controversy or
claim between the Company and the insured arising out of or relating to this policy,any 16.Notices,Where Sent.
service of the Company in connection with its issuance or the breach of a policy All notices required to be given the Company and any statement in writing required
provision or other obligation.All arbitrable matters when the Amount of Insurance is to be furnished the Company shall include the number of this policy and shall be
$1,000,000 or less shall be arbitrated at the option of either the Company or the addressed to its Home Office:400 Second Avenue South,Minnepolis,Minnesota 55401,
insured.All arbitrable matters when the Amount of Insurance is in excess of$1,000,000 (61213711111.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stock Company
400 Second Avenue South
Minneapolis,Minnesota 55401
(6121371-1111
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AL.ORT.4 Cover Page 4 of 4
LTG Policy No. LTGJ25043634
Form AL/ORT
Our Order No. FC25043634 Amount $163,616.00
Schedule A
Property Address: VACANT LAND WELD COUNTY ROAD 80 EATON CO 80615
1. Policy Date: March 03, 2005 at 5:00 P.M.
2. Name of Insured:
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY
3. The estate or interest in the land described or referred to in this Schedule and which is covered by this policy is:
A Fee Simple
4. Title to the estate or interest covered by this policy at the date hereof is vested in:
W. B. FARMS, LLC, A COLORADO LIMITED LIABILITY COMPANY
5. The mortgage, herein referred to as the insured mortgage, and the assignments thereof, if any are
described as follows:
DEED OF TRUST DATED JULY 22, 2004, FROM W. B. FARMS, LLC, A COLORADO
LIMITED LIABILITY COMPANY TO THE PUBLIC TRUSTEE OF WELD COUNTY FOR THE
USE OF BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY TO SECURE THE SUM
OF $163,616.00 RECORDED JULY 28, 2004, UNDER RECEPTION NO. 3202955 AND
RE-RECORDED MARCH 3, 2005 UNDER RECEPTION NO. 3265452.
6. The land referred to in this policy is described as follows:
LOTS 2-8, BLOCK 1, W.B. FARMS ESTATES, COUNTY OF WELD, STATE OF COLORADO
This Policy Valid only if Schedule B is attached.
Land Title Guarantee Company
Representing Old Republic National Title Insurance Company
LTG Policy No. LTGJ25043634
Form AL/ORT
•
Our Order No. FC25043634
Schedule B -I
This policy does not insure against loss or damage by reason of the following:
I. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and
inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material theretofore or hereafter furnished, imposed by law and
not shown by the public records.
5. ANY AND ALL TAXES AND ASSESSMENTS.
6. RIGHT OF WAY FOR COUNTY ROADS 30 FEET ON EITHER SIDE OF SECTION AND
TOWNSHIP LINES, AS ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS FOR
WELD COUNTY, RECORDED OCTOBER 14, 1889 IN BOOK 86 AT PAGE 273.
7. RIGHT OF THE PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE
THEREFROM, SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
HEREBY GRANTED, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY
THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT
RECORDED JULY 26, 1899 IN BOOK 131 AT PAGE 45.
8. TERMS, CONDITIONS AND PROVISIONS OF RIGHT OF WAY AND AGREEMENT RECORDED
AUGUST 23, 1990 AT RECEPTION NO. 2224547.
9. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS AND NOTES ON
THE PLAT RECORDED AT RECEPTION NO. 3077752
10. TERMS, CONDITIONS AND PROVISIONS OF ZONING MAP RECORDED JULY 24, 2003 AT
RECEPTION NO. 3087351.
11. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER
CLAUSE, BUT OMITTING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR,
RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND
ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42,
SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT
DOES NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS, AS CONTAINED IN
INSTRUMENT RECORDED JULY 28, 2004, UNDER RECEPTION NO. 3202951 AND AS
AMENDED IN INSTRUMENT RECORDED DECEMBER 3, 2004 UNDER RECEPTION NO.
LTG Policy No. LTGJ25043634
Form AL/ORT
•
Our Order No. FC25043634
Schedule B -I
3241126.
12. TERMS, CONDITIONS AND PROVISIONS OF IMPROVEMENTS AGREEMENT ACCORDING TO
POLICY REGARDING COLLATERAL FOR IMPROVEMENTS (PRIVATE ROAD MAINTENANCE)
RECORDED JULY 28, 2004 AT RECEPTION NO. 3202953.
13. TERMS, CONDITIONS AND PROVISIONS OF AGREEMENT FOR IMPROVEMENTS FOR WCR 80
ROAD STABILIZATION FOR DUST CONTROL RECORDED JULY 28, 2004 AT RECEPTION
NO. 3202954.
LTG Policy No. LTGJ25043634
Form AL/ORT
Our Order No. FC25043634
Schedule B -II
In addition to the matters set forth in Part I of this Schedule, the title to the estate or interest in the land
described or referred to in Schedule A is subject to the following matters, if any be shown, but the Company insures
that the lien or charge of the insured mortgage upon said estate or interest is prior to such matters.
NONE
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