HomeMy WebLinkAbout20031504.tiff _Market Pro -Individual Property Description County: WELD
Ownership &Legal
Owner: KELLIHER JOSEPH R& MAXINE L
Address: 12628 COUNTY ROAD 1 LONGMONT 80504-9575 Map Page: R-68 TS-3N Sec-31
vlail: 12628 COUNTY ROAD 1
Ilax ID: 4781986 Property ID: 1207-31-0-00-058 Census Tract: 21.00
Legal: PT NW4 31-3-68 LOT B REC EXEMPT RE-590 (.16R)
1
✓aluahon &bales History
Assessed Value: Total: $242,330 Improved: $236,123 Land: $6,207
ast Sales: 2099106-19870506 $84,000 Taxes: $1,628
Property Characteristics
▪ ryle: RANCH Bldg Area: 3521 Garage: ATTACHED 896 SqFt
3uilt: 1991 Exterior: FRAME W/WOOD Bsmt: 3207 SqFt 0 %fin
3edrms: 3 Land: 11.21 Acres Roof: N/A
F-Baths: 4 Fndation: N/A Heat: HOT WATER/ST- N/A
-Baths: 1 Fireplace: Rooms: 07
'Recent bales
-kaki Recent Sales Shown for this Property
'formation Advantage, Inc. 5401 S. Prince, Littleton, CO 80120 (303)795-1904
roperty information is considered reliable but not guaranteed.
2003-1504
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f '. _ B 1. REC 02099106 05/08/87 15:00 .03 1/001 )ft + '4."A
y,r t ANIN019106 _ F 0496 MARY ANN FEUERSTEIN CLERK i RECORDeS WELD CO, CO ra '; • I� yf'
r
WARRANTY DEED
r'
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pa'2i } i THIS DEED.Made this 6th dry of MAY . t-...4.4';.,:". 3'- f,
zM� t9 87. between DAVID I. REEVE AND PAULA A. REEVE' �;;. ,w- -.�,y �..
y.: j I 3 .
r 0,the 'County of BOULDER and c✓. r !:;.1.
r I Staeof Colorado.grantor.and JOSEPH R. KELLIHER AND MAXINE L. State Documentary Foe "Sr .. 5, •1
¢r ` t KELLINER ' ' t y'
I Date e2[9477 �r ' r te
` 4 '�•. 1 TEXAS LANE $ .191.44.."-' '.i R _ ; 1 t!
I whose legal addrns to LONGMONT, CO 80501 '
• f .� �I of the County of BOULDER and State of Colorado.rankest II
F I I I WITNESS.that the grantor.for and in consideration of the sum of wwrwws*($84.000.00)*******Mw ,' . . ' s r 1 f
"F.'.;:,_ %.v.,,,1',•::c{i. EIGHTY FOUR THOUSAND MD 00/100 DOLLARS. I' -
e 4 s 9i a r: ".• the receipt and sufficiency of which is hereby acknowledged.has granted.bargained,sold and conveyed.and by these presents don ' \-44k a1 iGY -:„1/441,':
V".;:::Co .; pant.bargain.sell.convey and confirm onto the grantees.their heirs and assigns forest.not in tenancy in commonbut mjolnl ervary,
-- r all the real property.together with improvements.if any.situate.lying and being in the County of r. s x.
! f 1:. WELD and State of Colorado•described as follows-. 'e. t .04.,.
11‘;',11'; ,;:r '4'4'4. i TRACT R OF RECORDED EXEMPTION NO. 1207-31-2 RE 590, nl'y tY-;.:';.1-7-.31r:
r"ft.• RECORDED APRIL 4, 1983 IN BOOR 992 AS RECEPTION
a "w
''.1_` x". � NO. 1922290, BEING A PART OF THE FOLLOWING DESCRIBED !^t---
s,t � PROPERTY; A TRACT OF LAND LOCATED IN THE NORTHWEST 1/4 r;
jTA OF SECTION 31, TOWNSHIP 3 NORTH, RANGE 68 WEST OP THE •t r '`
ry e 2 t:S, I' 6TH P.M.
'.,.r�.:
k^ :e _w• '; ctrji,5SI also known by street andnumher as N/A
rr..
�+ v 1.+c{,Sr I?14. 041L TOGETHER with all and singular the hereditamenn and appurtenances thereunto belonging,a in anywise epperlalning and the i.M1 f i'r
Al rte .rte .l a 1 I msersion and reversions.remainder and emainden.terns•issues and profits thereof.and all the tsrse•right.tulle.interest.Haim and it', rj t, s 'f
s+ . Z ?r I demand whatsoever of Ilw grantor.either in law or eruil).of.in and to the above bargained premises.with the hereditament%and .4-'4 •• ;r.
tier.. °-11%�wr . I I appurtenances. '' >' :' :
.v
...,...,,,,a,..;,..,' TO HAVE AND TO HOLD the said premises oboe bargained and described.with the appurtenances.unto the graorces.Men heirs `r 1 ''
]t •
0.3 rY. } and assigns Graver.And the granter.fm himself,his heirs and pervmal epresemm�es,does cotenant.gent.bargain and agree to and r•••,,1.44 tl qk'�aigtkr.k5
as+w/c•t II with the grantees their heirs and assigns.that at the tine of the<nsealing and delivery of these presents.hen well seized of the premises o1 k "'i -
at2 Ss w t r5 r allow conveyed.has god.mire.perfect.absolute and indefeasible estate of mheniance.in law,in fee simple.and has good right,full x.y1,Is . f
s . YAs power and lawful authority to grant.bargain.sell and con.n the sane in manner and form aforesaid.and that the same we free and clew ) s a ,esls '.!
a• r r'I Innis all former and other grans.bargain.,sales.liens.taxes.assessments.encumbrances and restriction%of whatever kind or tla one a 11:.#1.:,, �y
a �" r •- ,. ' 'LS'."tfk Il:
a Y . 'i soarer,except ALL TAXES i ASSESSMENTS FOR THE YEAR 1987 & SUBSEQUENT YEARS;
. {{ ^(: :rs ij EXCEPT ANY EASEMENTS, RESTRICTIONS, COVENANTS AND RESERVATIONS OF RECORD;
� i?4
i' itt f The grantor shall and will WARRANT AND FOREVER DEFEND the abtwe-bargained premises in the quiet end peaceable w r h. T-
t t!f t1 i I:; I possession of the grantees, their heirs and assigns.against all and eery person or penons lawfully claiming the whole a ran Pon r ..As' r ;.y;N
n Y v'}1.S '- I I thereof.
{ •� '
eII The singular number shall include the plural,the plural the singular,and the used any gender shall be applicable lee dl gerdm. 1.' •
wv s< ! IN ESS WHEREOF the grants Aq executed this deed on the date set forth above.
�1 S)��` /� �i�i[ce% X-<_
� ,1� / lla/zL /l. /L'CC 'C II c _r
�.s.. , s•: DAVID L. REEVE PAULA A. REEVE 4
r'
1,I ssA;,r° I� _ .,, r
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I
5
l S: II
Joy .' c�_ I'I , )�.Ij AI )r ' tV
s' sy STATE( COLORADO t '' f' 1.r
7 ,. III l s. II y` te r�
`t "•- I' Conn")of BOULDER J s �
« .
r y t�. the foregoing instrument was ar'\oswkJged hXm me this 6[h day of MAY •f9g7 a R F ) 1
iP{Dl ,. - p h) DAVID L REEVE AND PAULA A. REEVE 4rI ° y',
?•' n 1 1
¢5g` r 'I w,rtc.s my hand and nffwir sees ''�� { .e•;
- i s My Cmmmnn.w eaprrn-�.09-21-89 'M
w Sot eCIAU?
hmiel Le::OELAINE WE ISCERBER> I
T 4
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'se No.1118.Re..346.w brio rt.lw Uaeau ww•vawa•.a.o,.s_s w..s Ave.u........ , I Mil:o min ..• :+ , z\_„
a - 94761St t 7
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•
B 1407 REC 02 ,562 10/19/93 11:51
•• F 0532 MARY ANN PEUERSTEIN CLERIC A RECORD.n.RI VELD CO,OCO
AR23555b2
OCT• 1 5 rsso rq(5a,3
1
laws Aarw Iwo Ia Far Neste said
lam A 51077533
DEED OF TRUST T
MB o®10F TRUST('leafy aramms)is lade on QOM r 6 i 1>IA7 ,among the gmmr,
Josiah R.Kale aid Marino L. Keaton
('Bwow el, the Pudic bush*of
Weld County Paunael,end the bansorby.Hahn aortas.SerdrM.
Inc. whim is armload end Wag under the Iowa
c Caron do and whoa address b 1707 N. Main $tree$202 Lanamalt.
Colorado $0501 f'tenderl.
Bonan ewe Leas the menps am of Two Hundred Ninety Three Thousand and 00/100
Doom Nis 293.000.00 ).
Teis diet is aywe ed by Balo./s note dad the sae data a this Saab Instrument ('Navy, which provides for meet*
peynaa,Wit Or Y debt it not tad amr,dud and payable on Noaembn 1.2023 - .
This li ay Natarat arum to Lear. (d IM anynrd d ate debt Mdaaa by the Note, nth inbred and al mews.
admire and moddms of the flair (b)the payam floes.s.0.Bunt with Bloat adva c.d under paragraph 7 to prated the
smutty M Ws Wady mint and(c)the palwrana of Oonwvers caveat and spares under this Security Instumed
a d the I t For act pupae.Baran.,h malaaon of the debt and the ens herein anted,eraaooby grants and airways to
Tnsa.h loot with power of We.the faring deembth property booed In Weld
Oaay,Calaado
Trait II of recorded Exemption No 1207-31-246590 recorded April 4, 1983 In Book 992 as Reception
No. 1972290, being a part of the Nowt asst 1/4 of Sactlan 31,Township 3 North, Range 68 West of
the ti h P.M.,Wed County.Colorado
I
' 1
which is the addicts of 1262$WCR $' Lawman
agar Car
Corrado 50501 Mowry Adana•):
Was
117(511®1 Mb a the Ir.., .0 now a henmr road a the popsy.and al....wade,apmnmraa,and bona
now r Meurer a pa of the pepry.AI npteanads end Wain ahal also be mired by this Seauly bawmeet Met the
keeping is awed is In We Sauey Ins area as an'Frupebr.
^1
BORROVInd commis is Swath Is Tardily salad of 101 able hereby aawyth and ha dm fight to gat and may
the Pmpey and dew Ow Pmpay is menom erect adapt tor ono r a made of Mina Barons waists and we defend row*
are err is the Napery wr*et dean end Wounds,subject to cry atanbranaa a read
T IS EOtwfY aIetstse►oombines aim awesits Ice agaul me end wooer arermb nth bread millions by
)aisdda to ma*a wawa sooty hriwnaa m'ahg tool popaty.
UNIFORM COMMIS Been.end LaMar ahead end spa a lobar
'
1. Payment d Pdndpal aid Interest Prepayment and tab Charges.Borrower abY pansy pay ohm on
The pmlpal a and aces was debt aianad by the We and any prepayment and 1the charge On under we Nota
2. Funds for Table Ind Insurance.Subject to appbals law or to a wdwr waiver by Lender. Bartow.aha pay to
Lade on The day troddy men are den molar the Was IMO the tame is pad In M,■sum Medal fa:(a)minty taxes and
..wares Sikh ray elk piety ae.this Saaay Inaamad a a ion en ate Peapny;Rl)yard laaahold OlOnalds err grand
NOM a the peapsy.C any:(e)sty had a property burn palms:(th miry aced insurance premiums,I my;(N yearly
aangede taaaas pails I anth and p)any eons male by tans..to Landry.h seordwa with the provisions of paragraph
e,b be of the peyaad a(mein Insurance piduna These tare we aad'(wee Ma'.Lender may,at my tea,mad and
hold Funds In an armed not to math the raeeaaM anal a ledr to a.dray.Bated mrtgage eau may maws for senesce
aaaew mar at the laded Rai taste Srbaran Proasdea Ad of 1974 a raided from ate to urn,12 USC.jj 2101 e
ate('IAA'),Seen sae S Uri apgisa to the Fads as a lever anaad R so,Lade may,at any ten colad and hold
Fiala b a woad not to a a ath an Mar rant Lender may snap the wand of Funds due an the bads of Meta am and
Mena ass wham d spew•ss et ban Has tams a col lea b ac adnce with applicable Ira.
COLOMBO-spa Fans-Ferns rrynae ea UNIFORM INSIRWBIT Fans 3006
•
msusao____ wee r r e
QCJyn"'f`/ not f c
SKLD LG 172 . 20 . 16 . 100 WE 2355562-1993 . 001
Se Funds eel be hod In se Y sibeen♦ a *Poe air Mond by. Wad*gay. habuntenlenre M Mnamng
' Lido I hide It such an btettlou)a b,my FedS Nome fan Bank Landr aka apply the Funds to pay the Eaaow Berns.
!aide may not cap Brewer for baking and spplyley the Funds,annual aatycap the escrow aaaawn at stag the Escrow
Bane, Wen Lade pays eaaawa Interest ce IN Fonda and spoliate law pane Lady to mat i such a charge awn,
Lender nay nods Baca.it b pay a ahetlw One w an kd.padbt nal sale m rearing sena wad by Lander in
caae:ten vela to Ion,Was applcals law padda oowwet Unless an anemia Is made or appease law shires Intern to
be pelt Ledo and eel he asked to pay Borrower ay bane or amegs n the Funds. Borrower and Lander may agree in
_ vats hoewa.that Meat stet be pat en dr Fete.Lando stet Om to Borrows without chase.n annual aamWYq of he
Fonda. elawbp olds end Obis to the Funds and the purpose for which oath dad to the Funds ova made. The Funds ate
pledpn a edduesl swaay w all was wawa%by the Seamy aaumal
if the Funds held by Lando aced the annals poaBed to be held be appeabls law,Wider shell account to Baron for the
ease Funds in omorance we the'•fla•a••of appeal*bow t then.moot of the Funds held by Lender at any Unto is not
sacks to pry the Wrow haw when hrs.Lander wry so madly Banmn II sang.and.In such case Borrower shat pay to Leda
the mail waesary to.eels to the dadans ba ituwa ands mike up the deldacy in no more Than twelve monthly payments,at
La der's sole dsaetae
Upon payment In U of win secured by Dr Seamy bebume t Lando ands prom ply refund to Brrower wry Funds held by
Lnds Nuncios pa apple 21.tat else mode es w the Prepaty.Lender.pro to the eryuk*bn or eels of the ROMP/. shen
apply any Forts held by Lender at the eau or eooteian or dele en e waa agar the suns seemed by this Security MWmew
3. Apppptldn et Payments.Unless apP•nle tow provides*Ihawtee,el payments maned by Lardy under psyaprs
1 and 2 slid be eepbd talon prepep wn chats dun undo the hotr,scant to amounts payable under paragraph 2;that
to awed this lash,to pinched dam and bst to e y isle carpe due under the Non.
4. Chergep Liens. flonwes shag pay M mew assessments. charges, ban and aplshlons albtunbt to she Ropey
which may cash Wooly eve the Sway basaathat end Weahoa payments or ground in May. Botronr slid pay those
obialons In die anew pwia.d In prgsph 2,e e ed paid in that manor.Borrows slid pay than an to drafty to the parson
owed payaat Bandar.ban promptly fan.,to Lender a name of amounts b be paid undo this paragraph. II Bases makes
tae payments tardy.BOOMS end prrppay Wan to Lender na4h evidendog the payments.
Barotr slid purer ay Schwa any Sr wart,ha priory oar hide dwhmy Instrument unless Bower.(a)agrees In wring to
the pyewdt of to ablation sensed by the In In ■waver ec eptabe to Landa (b) wrtab In good falth the in by. Of
defends spew..two•—dam em In.Wal pr•cesdnr which in the Lender's make operate to prevent the rdorceiat of the
Sra a h)same can to bddr of the fan an spa mad ea led ty to Lady aubondn.tig the len to this Seedy enatm et.I!
Lade daanems that e y tact of the Prepay a subject b e le which may main priority over this Seedy Instrument.Linde nay
the Banta a notice Identifying the ion Bann ad sanity the Lac or lake one or more of to'ohms set forth above within 10
days d the pang el name.
5. Hoard or Property Insurance. Bann alt keep the tptaranae now stag or Deader nand an the
Rapay Sear egad Lou by Ns hatada L1mdd welt the than'sanded onset and any other hazards.aaudng foods or
lends w Mae. Lads rehires Monte This aauma shell be mashed In the amounts end to the period'*et Lender
rgkee.The Insane anon fronting the asunnn slid be chasm by Bon subject to Lenders approval which Orel not be
uawaaafy wt tad. If Boar Ys to reartnin canna Seated ebose. Lender may.at Lender's option. obtain coverage to
pitied udrY dots In the Property to accadnce wit pagreph 7.
N aalrae pokes end raastM shell be acceptable to Lender and suet Include a standard mortgage caw. Lender and
has the dam b hold the slides end ire. . M Lady rehires, Boron .ha prceipay glue to Lander at realoa of Paid
premiums end roawal nouns. In the even Of bat Bann stet give prompt nada to the nuns=crier and Lear. Lender
may rata pool or loss a not node pmmpay by Brae..
Uses Lender and Bpmws othawW ape In warp,again proceeds slid be appSad to restoration or spa of the Fropaty
drwged.a the.aw eta a rep*a ewateay hash.and Lendre eeaft a not besaet M the restoration or repair to not
sasamlaty heals colander.*sway would be beat. the Instance pmc..ds shed be appied to the sums mood by
this Seedy MnaiaL whether ce not then Ads, win any as paid b Bortmvr. B Borrower abandons the FNF%y. or
does not ran welt atlas soda 'ram Lender that the Insurance ado has card le settle eclat then Lender may
caw the instance process.Lads may use the proceeds to near Or reabre the Ropaty or b pry slain seared by to Solway
Institna4 rarer or not that at The 304ay pekd w1 begin when to notice b gala.
UPC Ledo old Bonovrer othawte an In wring. any appicalke of proceeds to pried*shag net end or postpone the
Ads data IS an meat pawn Saved to In Plearlpla I and 2 or cama the anent of the payments.If under pwgepn 21 the
Prepay Is soaked by Lads.Bamwer's eat nay Macs sides and precede redtip from donge to the Nash floc to
the aapYaW,suet pass to Linder to the stow in the wee sunned by this Security Instrument Mnedatey prior to Ihe supleNce.
B. Occupancy, Preservation. Mal ttenance and Protection of the Propoety; Borrower's Loan
Aeolic/Sent Leeeehoide. Bawer did occupy. eahhish. and use the Prapwly as Bardwa's pbtdpi raldaa Within
ay days ea the srealan of this S.aaty Maenad ad*let continue to any the Roomy a Banawda pdnaloal riddance
far at Mel ale air der the deal d owiaicy. alas Ladr otherwise gas bating. which consult shin not be
uFasaaby wtbhald. or alas sae a ahg Saaprnns der vita are beyond Bontawe%carol Brower Wall not decoy.
damage or seen the FR•p•ny, Sow Me Papery to deldonit or coat were an the Ropey. Bawer shall be In default If
ay Slaws scan a pooedaa wholes tee or cen ie. Strewn that Inlanders good tank Judgment *our mm in
Slam of the Property or atwMa maaoey tape the in crated by this Seam baawnt or Lender's sway broads.
Oman nay an ouch a dtet aid etas es ponds k.pmsprpe.21.by asuaag the scion or prorating to be dodged
nth a nets trot. to LundVs gel With daleweellan, pseud.laden ce the Borrower's alma In the Rapety or otter male.
Inpammet of the Ian aaW by at Seaway Wier or LeSs scary Sena Borrow.skit also Ns In rebut If Borrower,
deep the loan egolasSoa proem,gds nmaSy nos or I awnsle stomatbn or seaman*to tender(or Yee to provide Lade
wan any maw. Mm.a,on) m emreoe wet the tom erldareed by the Note. Indudno. but not Prated to. repraetedons
andalic IkelOw r'a company of the Property as a parapet roan M gds Seamy Insurw.t b en s b.sehold Brower
else week hen a the orations of the knee If Benowe ecsda he tile to the Properly.the leasehold and the fee de shell not
rag Was Lady apes to the mar to wig
B 1407 REC 02355562 10/19/93 11:51 $25.00 2/005
F 0533 MAP? ANN PEUERSTETN CLERK E RECORDER WELD CO, CO /Lt, .,(
mown pis ROe 2 Of a
911 0111(
SKLD LG 172 . 20 . 16 . 100 WE 2355562-1993 . 002 V�'
7. Pretoction d Lendwa Welt se Properly.If Bonn Si to portm Me man and .wr— —
eRlebsd In Me Seamy Mont.a there is•seal promodne that ray Cam*Mena am lamdC globs b the Property(such a
•,.aestI g n beimpny. Pebbled a.Mnden a Mien a to arias ism a ngMtlons).than Lander nay do mid pay Is
Mac Is neeery to protect an vow of the Property and Landrs rgbb b Me Property. laden edicts nay include paykg any —"
e ns sewed by s le wildh Si pbdy ore des Seamy want's.sppeng in ccR psyng nseeneMa iGmrys'tea and Chi)
m Via Pnpaty to nuke repeat.al oft Lender nay We IOW under thu per r ph 7.tender does not law to do eo.
My awn debased by lendr mire this cc*7 aid became addict dads of Borrower sauna by this Curtly
daane. Mina Bandar and Lender son to other ten of payment. Mee amounts sit bear interest Wan the dote of —
dabaanaa a the Nob Me bed shd be cable.eM tnaM.open nabs ken Lands to Bonn maunang pry t
B. Yalpage MaireacB.II Lands regrind eepage mend ma cake of making ar loan sand by as Saany
nnunent emwer Sul pay a.s panes racked to naWan the manage Canoe b mat If. Is any seen, the mlatgge
•
Maas oases ngend by lender spas a can to ben Ora, Bonn*MI pay to prima naked to obtain awepo
miaadetyr ore sisal to be metpge Minna,* Sausy in SIn decor o rbotmWy sgawbgl to the cost to Boron of the
maples Cc co pmglawly in Mat rem an Yerate mace rower scrod by Cdr. It subandey eeusalyd mortgage
insurance beanos is not rebus. Cower end pry to Lender ooh made act easel to w•Msam of am yarly inciters
nesce paeea bap pot by Bice when the insane average Sped or coed to be b Msd. Lander wB accat.tae and --
mm thud MCC a e loss Ica in bra a matt gab wears Loss mauve papa=nay no saber be reared. lithe option of
Lender, if mace fence coverage pea the road end Is Ms clad Mel Lander squires)provided by an insurer approved by
Under pub becomes Cale and is ebsbad Benowar did pay the pa.Mee required b mortar mortgage insurance in Moo.or to
pats•bas mom. ma Ow.Ramer Is.ntg.ge banns ands hi aamroena wen any wane apaamea bawaen Borrower and —
Lamdr a iddablo M.
9. pppIC"MB.Lade a begat nay nub cont. entries teem and wpaedbna of She Popsy. Ueda cal give
Barron nob at the see of a mkt to an wpetion spraybg reasonable cause for ae inspection. —
10. Condemnati .The proceeds of my awarder Men la Cages. director amagwNsl. n axmelm Yob ay
COMMUNISM a oMe taking of sip pot of as Property, or for envyana in lsu of andemutlon.us busby malgmd and and be
mid to lamer.
b the col global Slog of Me Ropey.am proceeds aid be clad to the ems seared by is Sandy Ictumat whether —
a not than des, a any as said to!mower. bate wan of•penal taking of thin Propery d whist.as lot medal wan of the
Property wndray Isom am liking lewd to a grata men On amen of the swab owed by this Sooiy tnauneM
teeadaay bans rr sang. Mess Ronan end lead oaawtae opal in rides Ms sums secured by this Sanity Instrument
CI be moaned by aw cant of the poseeda mnlMed by the lolsahip Clore (e3 the total amount of the eta secured —
bnmdmy bear tot dag.*Med by(b)Ore if natM vise of the Popery hanedaey balms the Islam. My Bice aid be paid
to Boson, hide area a•mead tang of ore Ropey b wedh the ar midst value of the Popery niaadsey More the taking
is Is than the esoat of as mar sewed MCC before ore Sag.Cis Banes and Lender oMewM prom in wing or
unless lop lobis low oaeain geode, the Amanda Mal be bided to the emu eared by ads Beaty instrument Cads or
not the wens us Mr d..it the Rapeny is endaad by Barn.or if.alter moot by Lander to Bann that the nmdemor odes to male in award or
edam a till far danea. Benone ton to repnd a Lends wets 30 dot act the deb the nodal is gleemt. Under is mithated to
alea end may rho cads. a a r:Om Shot to nmaadp a monk of to Rapety Or to ow On mac' Iy hole Mud*
rmmsa4 whether a not that Me
Urges Ueda a d Baron eli_iSs etc in wesyg, any sepsaaa of mooed*to packs sod not mend a postpone oho due
dens of am neatly paynaea maned to n prspephs I red 2 a change as amen of such peyme a.
11. UMW Not Ramat Forbearance By Lender Not a Walwr. Baeasn or the an tor payment a —
madbaan a ennbeen of the sans nand any this Sealy hubunud gonad by Lender to my s ooma in reset of Bonner
slab not peas to maven Ma PAS of am MOM Baron a Barons successors in brawl lender ghee not to ngubad to
amore pooeap scot any car in Mesa Otte to mend an for paymed or otherwise maedy aorta a the
sans somaa by an Seauey Mca.ei by ran a any deed naaa by the MOM Bann a Bonowe'a eaaweat In Merest
My bibeenee by Sande b eaaang any alga a randy hod not be a weber a padee the ease of any right or remedy.
12. Succeelrs and AaMyna Bound; Joint and Several Liability. Co4Rnert 1tm o vs rob as apases M
tin away hiimei stall bbl aM beam to succors and aeels of Lender and Barrows. atlas to tlw pedalons of
p•npph 17. Boowat cants end etpeemets sit be Men and.oven. My Bacot who maims tide Security hrtu.aC but —
does not roans the Note (s)is cosigning this Sanity MCC ma to neaga" mid and carry that Boman noel In the
Popery mar tot rase Of sae Spey belrme. (Mina pmocy darted to pry the aunts acaed by Mi Sanity
nakret end(e)ages to Lander and tey other Booty nay air to Said. molly,foam a make any eoenadtlbns with
raged to the terra of tide Sorry holism or Ms Note Shad 9a Soaow's acre. —
13. Loan Cbaget a rte ben scrod by alo Sagely babied Is salmi to•low whom see manram nn Sacs.and that
law is arty booted to that the Man a other loon charge collated a to be Cease in connection with the loan swab Ow
gaited Mak them (a) any such ben clenlfe she.be nabob by no amount neasary to reduce Ow clime to ore pamaed Bak
as lb)try ere CC selected ban Bann.hiek goaded pernasd Yds MI be SunOS to Borrower. Lander my choose —
b sits as SiS by redwing lm puhiccd ltd ardor the Not.a by making•Slow payment to Bwn. If n nand reduces
phapal the rerwarn we be baba's as•CM*Werra without ay papyment dhaP ma*Me Now.
14. eaBeee.My nab to Damn prodded to in this Seedy hah.mart Mal be Man by dmvesg e or by baleg it by lea
Sea eel rives pplable low c fires use of ones method The notice Mel be dread to the Repety Address a any other address —
BOOMS detgte by nob to Lads. My nee to tech aid be flee by feet Cs nW to land 's address orated heels a •
any Se bass Lander deaprM by neon to Bonwver. My new podded a b Wen Barry Infused bad be darned to
Its ban farm to Baron a larder when pen w paned b Ms paragraph.
9P1(
rum.tao moo Res s e s
B 1107 REC 02355562 10/19/93 11:51 $25.00 3/005 ✓(^� ' LK
SKLD LG 172 .20 . 16 . 100 WE 2355562-1993 . 003. CO
5�
• • 15.pe.anhhg Laer,s wnWily.Tab Sooty ms.aed WW1 be ges.med by lod..l taw end the be of the h•rduton
In welch the Rap*Is Inlet Inge emit that cry paloia Or clam of thi Security MammaIt ot the Note O nl e]web
.ppla]le len such omelet ghee not On other pnidue of 1St Swab Internet or the Note which con be given sent Snarl
the oaerang plot To Vie and the provWab N this Sanity mebned and the Note N dieted to be eew.tble.
1e.Sarewler%Copy.Barawa sash be glue as aonramed spy of to Note end of me Security Imoumet.
17.TranSar of the Property or a Bene0Mo.Interest In Borrower.Nee or any put of the Pmpry or any
SM.e Ink bead or Vondm 1(or I a based.Meet in Brava is solder trderrs Sid Borrower Is not a nature,person)
wince Lagers IoM*am mount Lords asks sl Is 0000. reWea hn.dau paynet In M a d gum second by this Snooty
de. Merwrant Wien!. this °peon era not be snwied by Lade I mare is pahiud by federal taw so o1 the data of orb
Sawa Inalumerit. •
If Under asclses Sea collar.{aide atel rise Ban a notice of sca4ndon.The nodal slid Amide•period of not lees this
30 Sys Iran the Me the Dodos le dawned or mlkd within wNeh Baron must pay at owns wowed by this Swab Iub.uned S
Saunas leis to pey dent was pin to the epYehn of this peon Lender ray awoke any ranedhs permitted by Ub Staidly
meneen woad byes noes or award m Barrow.
1S.Borrower's Mutate Fleinstiala I Bones new mares. =Mons. Baton she have the dgro to line
edsastd el this Swab reewasd dnalWu.d at wry time pin m the with of (a) 5 dayo (or such other period as
apaleable taw cry.peak for sups erg below sale of m.Property pursuant bay power of sae contained in gib Security
Maurorc ern ally of a knouts iodating db Semis tnum.d. Those condemn we mat Banen: (e) pin Lade all
mew watch tram would be der gds 111h Security uWnmd and as Note ail no acsleslin had oeainsC fat owe ay
dates of ray other mverem a aeroetu: (q pays ea open.s emmud In raving this Seaway Isbumeit including but not
ialed to.uaaaabb COs%fele. Sid(tO one such anon a Under nay reasonably moat to assure that the gb of
at bony trau at nadirs Vain the Peony and earawrs obloauon to pay she sae weed by this Snooty
Inelnunnt ghee monlkuir u chwag.d loon sMpawat by Barrows,Mks Smutty aabuaan and the ablutions secured hereby
that rsaa i tiny also,,aria amaeslba had swami Naaae,this right to Mesta§see not apply a the cue of amdaean
under pow,17.
It Sale of Ncts Change of Loan Service,.The Nob or pawl Waal M the Note Regret win thU
Swab tawet.g n.y be oda as or man that without pia noes to Dames. Awls nay result m e chap lo Vi.Cy
(MOM a the'Lan S.nlae9 set eclat menthe pure due code the Nola and thi Security instrument There else nay
— be one or wee chops of to Lon Suss ambled to ash of the Not. I mere is e change of the tan Sinker.Borrower
MI be Oven written nonce of due Menge in ecosdr.s sum paragraph II above and applable taw. The MOM IA IMO tie nth
and antra.of Mg new Lan Sacks and Si address to weldh payments should be naa. TW notice we Mao contain any ether
bdcnetlor nosed by applicable it.
20. Hazardous Substances. Barnes keg not was or peril the pwawet use depeen straps or Seen of ARV
Ilrasdan Sai.Mm on or in Vie husky. Sown MM not do,mat slaw such.e else to do.anything eemoW Me Property US
lo In Slake dry 6wbw.raW law.lbe pesdng two unarms shall not apply to the pawns.use. or storage on the
Properly al met carat of u' emus Mamas that we anew sagnbed to m ap.,..,4 ..t°nmral eeldebl OM ad to
nauMmas at the Properly.
Banos slid poop/ is Laths twine mike of my aneagaa. darp demand, etaa or ocher scan by my
gowwmrns or win,agency or photo pay invelinng the property end any Irmodoue Substance or BiveaDwtbl Law of wear
-- Bmow he anal Imowledge. II Bonus Yams,or Is mired by coy go.+rnenM or rsg•lcaly authority,that any removal or other
rerdeor of wry Hawk= Sbskeia aederg IM Plop•n Is neomary. Banat elM pmpey take d nsouwy ramde
won h rmdaKe with Emiroor.maW tae.
_ M used intros paragraph 20. 'Hmaus Subarea' se now WMm Stied w undo or heaaaus mutable
by EmeamsY law end the blowing msm.. m gamins.knew she bn.mbe or toxic peeeem produeb,tote peeaddu
and Mbholdec vitae seises swish oar mNng eebe.M or tc.ndalyda end Mascke nrteals. As used In this
PereiraPh 20. '6.reararentil tar maw hand Was and lows of the paled ace where the Property is located that Sant to
hoar. sexy or saNmm.ueel paasea
NO/WNFOAM COVENANTS.Bamee and tat ants await end awn es follows
21. Acceleration; Remedies. Lander shall give notice to Borrower prior to acceleration
following Borrower's breech of any covenant or agreement in this Security Instrument (but
not prior to acceleration under paragraph 17 unless sppnrable few provides ethetwbe). The notice
shall specUy: (a)the default (b)the scam required to cure the default (C) a dies,not less than 30
days from the dote the notice is given to Borrower.by which the default must be cured; and (d) that
failure to cure the default on abiders the date specified In the notice may result in
accsleanmu of the sums teased by this Security testament and ale of the Property. The notice
shell further Inform Borrower of the Agi t to reinstate alter acceleration end the right to smart In
the foreclosure proceeding the non-memos of a default or any other defense of Borrower to
acceleration and sale. If the default is not cured on or before the date specified In the notice,
Lander, at lb option, may require immediate payment In full of all suns secured by this Security
Instrument without further demand and may invoke the pear a sale and any other remedies
pe nhitbd by applicable Nees Lender shall be edited to collect all expenses Incurred in pursuing
tkhe remade*provided in t is parapmph 21, Includleg, but not limited to, reasonable attorneys'fees
and cob of It.evidence.
U
— .,a,.woNed error.day
B 1407 REC 02355562 10/19/93 11:51 17A nn •/005
SKLD LG 172 .20 . 16 . 100 WE 2355562-1993 . 0011:0c°05
. "S-5
' • Slander Wan the power of sits. Lander shall gee written notice to Trusts of the
oceuninee of an event of rasa and of Lender's election to cause the Property to be sold.
Lender shill null a copy of the notice to Borrower a provided In paragraph 14.Trustee shall record —
a copy of the notice In the caemty In which the Property La located Trustee shall publish■notice
of sale for the tree end hi the mincer provided by applicable law and stall moll copies of the
notice d sale In the manner prescribed by applicable law to Borrower and to the other parsons
prescribed by applicable law. After the time required by applicable law. Trustee, without demand _
on Borrower. shall all the Property al public section to the highest bidder for cash at the lime
and plea and under 1M terms dsalgnled In to notice of sap In one of more parcels snd In any
order Trustee determines. Three may poorer ale of any parol of the Property by public
announcement w the tins and piste of why previously scheduled sale. Lender or its designee easy `
prelims the Property at any sale. •
Trustee stall darer to the purchase' Trustee's crllResas describing to Property and the
time the purelwM will be entitled to Trustee's deed The recitals In Us Trustee's dad shall be
prune fade evidence of the bulb id dm statements made tlhpnln. Trustee shall apply the proeeoda —
of the wile In the fallowing order. (M to all expenses of the sate. Including, but not emend to,
reasonable Trustee's and ationaye' fame Os) to all sums soured by this SWeurty Inlrumsnt
and (c) any excels to the person or persons legally entitled to IL
—
22. P Law parent d d .ere seared by this beauty Inetunst Lander slid realest that'frusta'frustatease the
ROWS
Seamy:Sae ad did prod•cs for Snake, ai 'ahredal. Snows ands•maq deck sauna by the Smarty Innhmmat
Trustee shd Saes this Sally henrent without further h.pay or ihaMy. Barrows led par any recordation costs and the
ataanoy Tasiess tea —
23.Waiver d Hcrossteed.Bomar win d dpi of homestead n.nptlan Si the Property.
a Riders to this S.eurlty Instrumental sue or non rider as modal by Sown and monde d loather with this
Sway Instrument.the mans and ameenwes al each such cedar slue be aaaporstal Imo and slid aired and supplement —
the mews ad a,. sits d this Sanity Instrument militia dams)ware a per of this Seadty hammed.
(Cheek appta+u tat(ep)
0 Ageslaa Ran Ride 0�Ca�c��o"r m Rider 1-4 Fairly Rider
❑amcbstad PSYeerd RiderQfwmsd Unit Devrneie merd Ride 0 Blweddy Palest Rider —
❑Gabon Ricer Orate ap.mwnnt Rider 0 Second Nome Rider
❑VA Ride ❑I SP)lspedq]
BY SWUNG BELOW. Balser accepts end tames to the leas and covenants contained Si this wady nsamimt and in any —
ddaiy aaadal by t MWS and recorded war a
we eesen
1, . t
sph R. Klll� . -
rrarwr ph Wilier ti7 ri irPler
.r A..•iuw :LL KLL. G� —
Wan
(SON
Bonewrr —
hest
Bacon
Macs Below no um Few.wrekapwnm4__—..
STATE OF COLORADO -
r
�<
.......:•i was wkwahmdamd Snore me this gib _ dry el October 1tm9 —
r ,.. •
lltr,<.7 0, .t r —
artiehpbrh� +i•.usp�—
r" �aec —
B 1407 PEC 02355562 10/19/93 11:51 $25.00 5/005 —
F 0536 MARY AWN PECERSTEIN CLERK i RECORDER WELD CO, CO
r.a1a+m ttuw ire.s av a
SKLD LG 172 .20 . 16 . 100 WE 2355562-1993 . 005
�. Art2j75371 B 1428 REC 02375371 02/25/94 15:45 $5.00 1/001
F 1569 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO
REPARED a'F,era vmei meow Wart
macG.E. Capital Mortgage Services, Inc el
scams Three Executive Campus •
arra Cherry Hill, NJ 08034
STXIE
Attn: 5th Floor
L a►aaanal.aeeEseeae aleanteew
Corporation Assignment of Real Estate Mortgage
FOR VALUE RECEIVED,the to dersgned hesehj(gents.=Was and transfers to
G.E. Capital Mortgage Services, Inc., Three Executive Campus, Cherry Hill, NJ 08034
A the rights,tithe and Interest of undersigned lo and to that eenakt Real Estate Montage dated 10/6/93
treated:
JOSEPH R. KELLIHER AND mumL. IMLIHER .
to TANN !VRTGAGE SERVICES
a carp:a t:en euganixed under the him of gE SfsCQt CF COLORADO and whose prink:pal place of b sness
1707 N. MAIN STREET 0 202 IONOIONr, CC.,80501
and recorded in Lber Pages) WELD Cony Reards.
Smote of COLORADO described hereinafter as follows:
TRACT B OF RECORDED EXEMPTION NO. 1207-31-2-RE590 RECORDED APRIL 4, 1983 IN
BLOCK 992 AS RECEPTION NO. 1022290, :ae A PART OF THE NORTHWEST % OF SECTION
31, TOWNSHIP 3 NOM RANGE 68 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO.
•
•
•
_er C?� -:: 1/3/94
'aTi riu:
TOGETHER watt the note or notes thereto deserted or referred to.the rrcrey due and to become rye theracn with
r:ersst,and ad rights a=ued or to a=ue under said Real at=Mortgage.
•
SATE OF HICEIGAS
COUNTY OF ties aEC
Cn 1/3/94 Wore me.
ureri .a Neely Pubic n mid f gait Ca ny and err- William A. Newman
pawl*amend William A. Newman era: Executive vice President
so+o+n a on o be es ascutive Vice President
aid- Aver lemelebe °r .
el the esepxaden herein.rid ea:
as.smed Swint ant Sinai seal a'.l:ed le said imaumersle
de wawa sad el seed arw aeac me: a.. nnv,B s.:elot p»d x7
wawa
and sealed on baba el seal earpewadeei puissant a lea by-laws a a
/arc-Lame( 'coed 'Divan 4 whiter
•d///#,s�s/a�C Tod
irateurnet %rig on Y �J� i/ Pam Ri kard
Nag
F YN .. / County.
..- My Carretiasie rt�-y �,n1 -'t."i. r JI. i "` 'w w Aa c r;riP-Sal;CCM
I
SKID LG 172 .20 . 16 . 100 WE 2375371-1994 . 001
2379156 08/30/2001 10:46A JA Sold Twka l
3 of 9 R 46.00 0 0.00 Weld County C0
current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds
or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal
balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now
—� or in the future against Lender shall relieve Borrower from making payments due under the Note and this
Security Instrument or performing the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2,all payments
accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the
Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied
to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first
to late charges, second to any other amounts due under this Security Instrument, and then to reduce the
principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
._ sufficient amount to pay any late charge due,the payment may be applied to the delinquent payment and the
late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from
Borrower to the repayment of the Periodic Payments if,and to the extent that, each payment can be paid in
full. To the extent that any excess exists after the payment is applied to the full payment of one or more
Periodic Payments, such excess may be applied In any late charges due. Voluntary prepayments shall be
applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the
Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds Rat Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due
under the Note, until the Note is paid in full,a sum(the "Funds")to provide for payment of amounts due for:
(a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or
encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any;(c)premiums
for any and all insurance required by Lender under Section 5;and(d) Mortgage Insurance premiums, if any,
or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in
accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any
time during the term of the Loan, lender may require that Community Association Dues, Fees, and
Assessments, if any,be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item.
Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower
shall pay Lender the Funds for Escrow Items unless lender waives Borrower's obligation to pay the Funds
for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all
Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver,Borrower
shall pay directly,when and where payable,the amounts due for any Escrow Items for which payment of Funds
has been waived by fender and, if Lender requires, shall furnish to Lender receipts evidencing such payment
within such time period as Lender may require. Borrower's obligation to make such payments and to provide
receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security
Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay
Escrow Items directly,pursuant to a waiver,and Borrower fails to pay the amount due for an Escrow Item,
Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated
under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow
Items at any time by a notice given in accordance with Section 15 and,upon such revocation, Borrower shall
pay to lender all Funds, and in such amounts, that are then required under this Section 3.
Lender may,at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply
-- the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,instrumentality,
or entity(including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home
Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under
RESPA. Lender shall not charge Borrower for holding and applying the Funds,annually analyzing the escrow
account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable
Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law
... requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or
earnings on the Funds. Borrower and Lender can agree in writing,however,that interest shall be paid on the
Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by
RESPA.
If there is a surplus of Funds held in escrow,as defined under RESPA, Lender shall account to Borrower
for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined
under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the
amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly
payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify
Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the
deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to
Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payments or
ground rents on the Property, if any,and Community Association Dues, Fees, and Assessments, if any. To
the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable
COLORADO—Single Family--Fannie Mae/Freddie Mn UNIFORM INSTRUMENT Form 3006 1/01
Owens Symms.K.Ifs 44na Page 3 of 9
SKLD LG 172 . 2 . 100 WE 2879156-2001 . 003
come.nor
111111111111111111111111111111111111111III� IIII1111
297915E 00/30/2001 10:46A JA Su91looko oto
4 o1 9 R 45.00 0 0.00 Weld County CO
to Lender, but only so long as Borrower is performing such agreement; (b)contests the lien in good faith by,
or defends against enforcement of the lien in,legal proceedings which in Lender's opinion operate to prevent
the enforcement of the lien while those proceedings are pending, but only until such proceedings are
concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the —
lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which
can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien.
Within 10 days of the date on which that notice is given,Borrower shall satisfy the lien or take one or more
of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan.
5. Property Meantime. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire,hazards included within the term "extended coverage,"and any other
hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This —.
insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender
requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan.
The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to
disapprove Borrower's choice,which right shall not be exercised unreasonably. Lender may require Borrower
to pay,in connection with this Loan,either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and
subsequent charges each time remappings or similar changes occur which reasonably might affect such
determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the
Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage,at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular
type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect
Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or —
liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges
that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that
Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional
debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower
requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right
to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee
and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates.If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices.
If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or
destruction of.the Property, such policy shall include a standard mortgage clause and shall name Lender as
mortgagee and/or as an additional loss payee.In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may
make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in
writing,any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be
applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to -"
hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work
has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly.
Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress
payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or
earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not
be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair
is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied
to the sums secured by this Security Instrument, whether or not then due, with the excess,if any,paid to
Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2.
if Borrower abandons the Property, Lender may file,negotiate and settle any available insurance claim
and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance
carrier has offered to settle a claim,then Lender may negotiate and settle the claim. The 30-day period will _
begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or
otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount
not to exceed the amounts unpaid under the Note or this Security Instrument, and(b)any other of Borrower's
rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance
policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender
may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the
Note or this Security Instrument, whether or not then due.
6. Oarapaocy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy the
Property as Borrowers principal residence for at least one year after the date of occupancy, unless Lender —
otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control.
COLORADO--Smile Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3006 i/0I
mar a sroa..Lt.nm awn62 Pate 4of9
SKLD LG 172 .20 . 16 . 100 WE 2879156-2001 . 004
coww nOT
111111111111111111111111111111111111111III�II IIII IIII
2879166 09130/2001 10:46A JA Sold Tsukamoto
5 o1 9 R 15.00 0 0.00 Weld Couely CO
7. Prnavtm, Maintenance and Protection of the Property;Inspections. Borrower shall not destroy,
damage or impair the Property,allow the Property to deteriorate or commit waste on the Property. Whether
or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the
Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to
Section 5 that repair or restoration is not economically feasible,Borrower shall promptly repair the Property
if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in
connection with damage to, or the taking of,the Property. Borrower shall be responsible for repairing or
restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds
for the repairs and restoration in a single payment or in a series of progress payments as the work is
completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property,
Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
— reasonable cause, lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
g. Borrower's Loan Application. Borrower shall be in default if,during the Loan application process,
Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or
consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to
provide Lender with material information) in connection with the Loan. Material representations include,
but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's
principal residence.
9. Protection of Lender's Intent in the Property and Rights Under this Security instrument. If(a)
Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is
a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this
Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in the Property and rights under this Security
Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the
Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which
has priority over this Security Instrument; (b) appearing in court; and (c)paying reasonable attorneys' fees to
protect its interest in the Property and/or rights under this Security Instrument, including its secured position
in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to
make repairs,change locks,replace or board up doors and windows,drain water from pipes,eliminate building
or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may
take action under this Section 9,Lender does not have to do so and is not under any duty or obligation to
do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this
Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured
by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement
and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease.
If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender
agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If,for any reason,
the Mortgage Insurance coverage required by Lender ceases to be available front the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments toward
the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage
substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to
the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer
selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall
continue to pay to Lender the amount of the separately designated payments that were due when the insurance
coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss
... reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that
the Loan is ultimately paid in full,and Lender shall not be required to pay Borrower any interest or earnings
on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in
the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes
available,is obtained, and Lender requires separately designated payments toward the premiums for Mortgage
Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was
required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall
pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss
reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement
— between Borrower and Lender providing for such termination or until termination is required by Applicable
Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may
incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may
enter into agreements with other parties that share or modify their risk,or reduce losses. These agreements
are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to
these agreements. These agreements may require the mortgage insurer to make payments using any source
of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage
Insurance premiums).
COLORADO—stogk Family--Fannie Mac/Preddle Mac UNIFORM INSTRUMENT ?mu 3006 1/01
w arr,a-.1+001 M41rn Pane S of 9
SKLD LG 172 . 20 . 16 . 100 WE 2879156-2001 . 005
a>aw.urr
167
1111111111111111111111111111111111111111111111111111
2879157 08130/2001 10:45A JA 0ukl Tsuksmob
1 of 1 R 5.00 0 0.00 Weld Count/CO ler
ASSIGNMENT OF DEED OF TRUST OR MORTGAGE DEED —
AJTGTIST P 2001 Date of Assignment
F AGSTAR RANK FSH Assignee
5151 C17RFY1FATR T'RIVE, MAIL STOP Address
W-530-3, TROY, MI 48098
TEAM LENDING CONCEPTS. LLC Amignor
7430 E. CAT.EY AVENUE, SUITE #120 Address
(;RRENWOOf vi .1'AIR. COLORADO
80111
AUGUST 1ST q, 2001
Date of Deed of Trust
WWI I) Recording date of Deed of Trust
County of Recording than Number: 998387710
Book No. Page No.
Form No. Reception Nc.
•
KNOW ALL MEN BY THESE PRESENTS THAT RONALD ZARUBA
did grant,bargain,sell and convey
the property described in the Deed of Trust or Mortgage Deed herein referred to as Deed of Trust,to the Public Trustee*
In the County in which said Deed of Trust was recorded,to be held in trust to secure the payment of a Promissory Note for
the original principal sum of$ 168,000.00 together with interest.
NOW THEREFORE, in consideration of the sum of ONE HUNDRED SIXTY EIGHT THOUSAND AND
00/100
dollars,paid to the assignor,the receipt and sufficiency of which N hereby acknowledged,the said assignor hereby assigns unto
the said assignee,the said Deed of Trust and Note secured thereby,together with all monies now owing or that may hereafter —'
become due or owing in respect thereof, and the full benefit of all the powers and of all the covenants and promises therein
contained, and the said assignor hereby grants and conveys unto the said assignee,the following described property,situated in
the 'a County of WELD
State of Colorado,to wit:
LOT A OF RECORDED EXEMPTION NO. 1207-31-2-RE2179, ACCORDING TO THE -
PLAT RECORDED JUNE 18, 1988 AT RECEPTION NO. 2620280, BEING A
PORTION OF THE NORTHWEST 1/4 OF SECTION 31, TOWNSHIP 3 NORTH, RANGE
68 WEST OF THE 6TH P.M. , COUNTY OF WELD, STATE OF COLORADO.
also known by street and number as:
12624 WELD COUNTY ROAD 1, LONGMONT, COLORADO 80504
TO HAVE AND TO HOLD the said Deed of Trust and Note, and also the said property unto the said assignee forever,
subject to the terms contained in said Deed of Taunt and Note.
And the said assignor hereby covenants with the assignee that the said Deed of Trust and Note hereby assigned is a good
and valid secuNy and that the sum of ONE HUNDRED SIXTY EIGHT THOUSAND AND 00/100
dollars remains unpaid on the said Note and that the said assignor has not done or permitted any act,matter or thing whereby the said Deed of Trust has been released or discharged,either partly or in entirety and has the right to assign said Deed of
Trust and Note will upon request, do,perform and execute every act necessary to enforce . r . .finance of the
covenants and agreements therein contained and that this assignment and the cove erein shall i re to the benefit and
extent to be binding upon the heirs,personal representatives, successors and . . respective arties hereto.
IN WITNESS WHEREOF, the assignor has executed these presents . day nd y first abo written.
T ND G CEPTS, LLC
sloe or COLORADO
Gomy or WELD
•
i —
The foregoing instrument was acknowledged before me In
OLOR / County,State of lttt ttttttttttt
QQ /( 0 ,o/YJ/ (date) by ``,�1OV A'kb*ej6
lr74A!( q�_C`rp,p may% -_
tl N_ q9�.}rut
444;n 9,Q/YJS Date Commission Expires -4 1 p 'xZ
4n1, ¢. x-h3 n''—fy7 f�=;�F.,��ef lc oo,?Amery Address Ohio/ ��••Op COL 0 Wirmu• O my a/nd_ual.
••rtttttttttla Mn..t GIDIf//-CIC
*If a Mortgage,have delete reference to Public Trustee and ��/�
complete as applicable. Netery Public
°If Denver,insert 'City and.'
WHEN RliWRDED HO URN t0: FLAGSTAR BANK, FSB
5151 CORPORATE DRIVE
TROY, MICHIGAN 48098 _
a air .160-_�.?3 O/
SKLD LG 172 .20 . 16 . 100 WE 2879157-2001 . 001
•
11111111IIII11111111111111111'UM 11111III IMO IIIIIII!
2879100 08/30/2001 10:411 JA Sold Teukamoto
5 of 9 R 10.00 0 OM Weld Corry 00 —
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsures, any
other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive
from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange
for sharing or modifying the mortgage insurer's risk,or reducing losses. If such agreement provides that an -
affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the
insurer, the arrangement is often termed "captive reinsurance." Further:
(a) Any ouch agreements will not affect the anemia that Borrower he agreed to pay for Mortgage
Insurance, or any other term of the Loan. Seth agreements will not increase die amount Borrower will owe
for Mortgage berme, and they will not entitle Barone to any refund.
(b) Any much'greened' will not affect the rights Borrower has-if any-with respect to the Mortgage
Inseam order the Homeowners Protection Act of 1998 or any other law. Thee rights may include the right
to receive certain diaclosurar, to request and obtain cancellation of the Mortgage inenraae, to have the
Mortgage la.urm terminated amomelesly, and/or to receive a refund of any Mortgage Insurance premiums
that were unearned at the time of such cancellation or termination.
11. Assignment of Micellaneoua Proceeds;Forfeiture. All Miscellaneous Proceeds are hereby assigned
to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the
Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During —
such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until
Lender has had an opportunity to inspect such Property to ensure the work has been completed to fender's
satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and
restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an
agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds,
Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the
restoration or repair is not economically feasible or fender's security would be lessened, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the
excess,if any,paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in —
Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instrument, whether or not then due,with the excess,if
any,paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking,destruction, or loss in value is equal to or greater
than the amount of the sums secured by this Security Instrument immediately before the partial taking,
destruction, or loss in value,unless Borrower and Lender otherwise agree in writing,the sums secured by this
Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following —
fraction: (a) the total amount of the sums secured immediately before the partial taking,destruction, or loss
in value divided by(b)the fair market value of the Property immediately before the partial taking,destruction,
or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Fsup,sty in which the fair market _
value of the Property immediately before the partial taking, destruction, or loss in value is less than the
amount of the sums secured immediately before the partial taking, destmction, or loss in value, unless
Borrower and Lender otherwise agree in writing,the Miscellaneous Proceeds shall be applied to the sums
secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if,after notice by Lender to Borrower that the Opposing —
Party(as defined in the next sentence) offers to make an award to settle a claim for damage, Borrower fails
to respond to lender within 30 days after the date the notice is given,Lender is authorized to collect and
apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this
Security Instrument, whether or not then due. "Opposing Party"means the third party that owes Borrower _
Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous
Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest
in the Property or rights under this Security Instrument. Borrower can cure such a default and,if acceleration
has occurred, reinstate as provided in Section 19,by causing the action or proceeding to be dismissed with a
ruling that, in lender's judgment, precludes forfeiture of the Property or other material impairment of
Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim
for damages that are attributable to the impairment of fender's interest in the Property are hereby assigned
and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied
in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Inter Not a Waiver. Extension of the time for payment
or modification of amortization of the rums secured by this Security Instrument granted by Lender to
Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any
Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any
Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization
of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or
any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy —
including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in
Interest of Borrower or in amounts less than the amount then due,shall not be a waiver of or preclude the
exercise of any right or remedy.
COLORADO-Santo Family—Funk Mae/Preddle Mac UNIFORM INSTRUMENT Form 3006
Omni span.,lc.IOW)60-062 Pane 6 of 9
SKLD LG 172 .20 . 16 . 100 WE 2879156-2001 . 006
1111111 11111151El 11111111111111M r����1111 llll
2879156 08/30@001 10:46A JA 9tlld Toulamolo
7 o1 9 R 46.00 0 0.00 Weld County CO
13. Joins and Several Liability;Co-signers;Summon and Amiga Bound. Borrower covenants and
agrees that Borrower's obligations and liability shall be joint and several. However,any Borrower who co-signs
this Security Instrument but does not execute the Note (a "co-signer'): (a) is co-signing this Security
— tnstrunrnt only to mortgage, grant and convey the co-signer's interest in the property under the terms of this
Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and
(c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any
accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's
consent. •
Subject to the provisions of Section 18,any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing,and is approved by Lender, shall obtain all of Borrower's
rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations
and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants
and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the
successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting fender's interest in the Property and rights under this
Security Instrument, including,but not limited to,attorneys' fees,property inspection and valuation fees. In
regard to any other fees,the absence of express authority in this Security Instrument to charge a specific fee
to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees
that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so
that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted limits,then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge
to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will
be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the
Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated
as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for
under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will
constitute a waiver of any right of action Borrower might have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must
be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have
been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address
if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable
Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has
designated a substitute notice address by notice to Lender. Borrower shall promptly notify lender of
Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address,then
Borrower shall only report a change of address through that specified procedure. There may be only one
designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given
by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has
designated another address by notice to Borrower. Any notice in connection with this Security Instrument
shall not be deemed to have been given to Lender until actually received by Lender. If any notice required
by this Security Instrument is also required under Applicable Law,the Applicable Law requirement will satisfy
the corresponding requirement under this Security Instrument.
16. Governing Law;Severability;Rules of Construction. This Security Instrument shall be governed
by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations
contained in this Security Instrument are subject to any requirements and limitations of Applicable Law.
Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent,but
such silence shall not be construed as a prohibition against agreement by contract. In the event that any
provision or clause of this Security Instrument or the Note conflicts with Applicable Law,such conflict shall
not affect other provisions of this Security Instrument or the Note which can be given effect without the
conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender;(b)words in the singular shall mean and include
— the plural and vice versa; and (c) the word "may"gives sole discretion without any obligation to take any
action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,"Interest
in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those
beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow
agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower
is not a natural person and a beneficial interest in Borrower is sold or transferred) without fender's prior
— written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument.
However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these
sums prior to the expiration of this period. Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower
shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the
earliest of:(a) five days before sale of the Property pursuant to any power of sale contained in this Security
COLORADO--Single Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Porn 3006 1/01
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Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to
reinstate; or(c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower:
(a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no
acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses —
incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees,
propeny inspection and valuation fees,and other fees incurred for the purpose of protecting Lender's interest
in the Property and rights under this Security Instrument; and(d) takes such action as Lender may reasonably
require to assure that Lender's interest in the Property and rights under this Security Instrument, and
Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender
may require that Borrower pay such reinstatement sums and expenses in one or mote of the following forms,
as selected by Lender: (a) cash;(b)money order; (c)certified check,bank check,treasurer's check or cashier's
check,provided any such chock is drawn upon an institution whose deposits are insured by a federal agency,
instrumentality or entity; or(d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security —
Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred.
However, this right to reinstate shall not apply in the case of acceleration under Section 18.
20. Sale of Note;Change of Loon Servicer;Notice of Grievance. The Note or a partial interest in the
Note(together with this Security Instrument) can be sold one or more times without prior notice to Borrower.
A sale might result in a change in the entity (known as the 'Loan Servicer")that collects Periodic Payments
due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under
the Note, this Security Instrument, and Applicable Law. Them also might be one or more changes of the
Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Smicer, Borrower will be
given written notice of the change which will state the came and address of the new Loan Servicer,the address
to which payments should be made and any other information RESPA requires in connection with a notice
of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than
the purchaser of the Note. the mortgage loan servicing obligations to Borrower will remain with the Loan
Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless
otherwise provided by the Note purchaser.
Neither Borrower nor Lender may continence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class)that arises from the other party's actions pursuant to this Security
Instrument or that alleges that the other party has breached any provision of,or any duty owed by reason of,
this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given
in compliance with the requirements of Section 15)of such alleged breach and afforded the other party hereto —
a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time
period which must elapse before certain action can be taken, that time period will be deemed to be reasonable
for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant
to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to —
satisfy the notice and opportunity to take corrective action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and _
herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b)
"Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate
to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action,
remedial action, or removal action, as defined in Environmental Law;and (d) an "Environmental Condition"
means a condition that can cause, contribute to,or otherwise trigger an Environmental Cleanup. —
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Pioperty. Borrower shall not do,
nor allow anyone else to do,anything affecting the Property (a)that is in violation of any Environmental Law,
(b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two —
sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous
Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of
the Property (including, but not limited to,hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of(a) any investigation, claim,demand, lawsuit or
other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge,(b)any Environmental
Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any
Hazardous Substance, and (c)any condition caused by the presence, use or release of a Hazardous Substance
which adversely affects the value of the hope y. If Borrower learns, or is notified by any governmental or —
regulatory authority, or any private party,that any removal or other remediation of any Hazardous Substance
affecting the Property is necessary.Borrower shall promptly take all necessary remedial actions in accordance
with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental
Cleanup.
NONUNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Anion; Rmediea. Lender shall give nodes to Borrower price to acceleration following
Borrower's breach of any oovemmt or agreement in this Security Instrument (ben not prior to acceleration
under Section 18 unless Applicable Law provide otherwise). The notice shall specify:(a)the defndr (b)the
action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to
Borrower, by which the default Dina be cured; and (d) that failure to cure the default on or before the date
specified in the notice may result in acceleration of the sums sensed by this Security Instrument and sale of
the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the —
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right to assert in the foreclosure proceeding the nonexistence of a default or any other deface of Borrower
to acceleration and ale. If the default is not annul on or before the date specified in the notice, Leda al
its option may require immediate payment in full of all sums secured by this Security Instrument without
further dente and may invoke the power of sale and any other remedies permitted by Applicable law.
Leader shall be entitled to collect all apace insured in pursuing the remedies provided in this Section 22,
including,but not limited to,reasonable attorneys' fees and costs of title evidence.
If lender invokes the power of We,Linda shall give written notice to Trustee of the occurrence of an
event of default and of Leader's election to Cause the Property to be sold. Leader shall mail ■copy of the
notice to Borrower as provided in Section 15. Trouser shall record a copy of the notice in the county in which
the Property is located. 'Trustee shall publish a notice of sale for the time aid in the manner provided by
Applicable Law and shall nail copies of the notice of sale in the manner prescribed by Applicable Law to
Borrower and to the other pant psoosbed by Applicable Law. Alla the time required by Applicable Law,
Trustee, without demand on Borrower, shall all the property at public auction to the highest bidder for cash
at the lime and place and under the tan designated In the notice of sale in one or more parcels and in any
order Trustee determines. Trustee may postpone sale of any parcel of the Property by public announcement
at the time and place of any previously scheduled sale. Leader or its designee may purchase the Property at
_ any sale.
Trustee shall deliver to the purchaser Truatc's certificate desaibmg the Property std the time the
purchaser will be entitled to Tnatlee's deal. The recitals in the Trustee's deed shall be prima fade evidence
of the truth of the automats made thew®. Trainee shall apply the proceeds of the sale in the following
order: (a) to all eapemea of the sale,including, but not limited to,reasonable Trustee's and attorneys' fees;
(b)to all sums seared by this Security ImWment; and(c)any acese to the person or persons legally entitled
to it.
23. Release. Upon payment of all sums secured by this Security Instrument, lender shall request that
Trustee release this Security Instrument and shall produce for Trustee, duly cancelled, all notes evidencing
debts secured by this Security Instrument. Trustee shall release this Security Instrument without further
inquiry or liability. Borrower shall pay any recordation costs and the statutory Trustee's fees.
24. Waiver of HOmmilead. Borrower waives all right of homestead exemption in the Property.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
RONALD 2 -Borrower (Seal)
Borroww
-Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
.� Witness: Witness:
State of Colorado
County of DENVER .c7
The foregoing instrument was acknowledged before me this O (1_2/12-01
by RONALD ZARUEAllllllllllll
•
ti'cutsFrrgi
OTARY ps Vii(z?' e
m a L Signature n Tseast
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rwwwrrn aapa``
Serial Number, if any
(Seal) A
My commission expires:�a L.L., L�,{�y ,�-
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COLORADO—Single Family-.Annie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3006 1/01
D....., ruse.r.ram 6.9. Page 9 orb
SKLD LG 172 . 20 . 16 . 100 WE 2879156-2001 . 009
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111111111111111111111111 1111111111 11111 III lild!III!III
2679670 06/81!2001 12.20P JA Sukl Tsukamoto
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13. LENDERS RIGHT TO COMMENCE OR DEFEND LEGAL ACTIONS. Grantor*tai Immediately prcvlde Lech wt wean notice of any
actual a tralered sewn,rut,or ollw prcoeed p affecting the Property. Grantor hereby appoints Larder es Its ttrrwyn fact In camera.
beam In.and Ostend etch ado,autarchy legal procetlYge art to carpals* a serer any teen or controversy grant hero.
Linder alai not be taaa to Grantor for slaay aean error,mbake aNMia,a delay prefng b the seem described In this paragraph or any
dram resiring tMrdran. Nothingtarshtl hashwe pmerwtLender from taking the melons Mated in M4 paragraph Ingram one.
IL INDEMNIFICATION. tat snag not assume a be responsible for the prfomersM of any of Grantors°Mgadae with respect to the
Properly tede any aaaneerces. Grantor Nai Immedi ely amide Lender with wilsi note d and Mornay and hold Lender and Its
Mrelyddra, *sobs, sitars, enpbyeee end pros Wiese front tl dears, damages. litlru (lidding eefnayi' lea and legal
expe not
Sneed MIn,,'nausea timme Involving Naarcbue IIW ells). G Yupon pa-!tote new t(d der,rainatively n.legal pertaining
eM loth*ddra Lender(tan such Chen,
— and pay to attorneys'ell,legal eoperee.■d*ter aide toured In camw9brt ttersoth. Into alternative.later shall to anaged b endoy
aslargen
ling%releasecounsel
Inn�1St h Claim at
Trust.
� �s obligation n kdnWy Lender under this paragraph shall survive to
10. TAXIS MD ASSESSMENT& Grant shall pay al Imes and aeeeeanna Mating to the Property alien due and i medaaly provide
Lender evnrce of payment of same. Upon the yeast of Lender, Grant shell Mat with Lender each ma onetwelt (1/12) of the
area gnu.Sumas mat b payment of tameerna tuxes,asses neneart Mvra a ra assalerninisuwed b theon he r Properly. So long se of de le no Moult taws the right,alai M
roe option,b appy M Ned so held bagain h ON�dons. r Ind the ie OmayL tender rro eve ri ma d Ito
reverse order d the die date thereof. pay any texas a aloe. MI' applied may,at lerdefe option. to maid n
10. INSPECTION OF PROPERTY,BOOKS,RECORDS AND REPORTS. Grrht shell aloe Later a b mina In eaahine and Inspect the
Property and rands, repeat and mate copes of Grantor's twits and records graining Property from lire to are. Gram shat
provide any assistant*regaled by Larder t these purposes. Al of h signatures end contained In Gan or's bode rd recall
Mat bm tenors, Sue,waste and congas In as reepaab. Grantor alai roe the existence of Larders besabel West n b books and
reaos flaring to the Property. Grantor slid report,In*101T•aebfwby to Lender,such htnabn as Lander may request
nperfig Gran.%tercel actwtl or the . TIw Homan tai be for such periods,tai relent Greeds records at such the,and
slid be rendered with such frsms oy as Under way deslgrett Al ktannuon Maned by Grant to Lender shall be new,accurate and
oonpleto In tl respect art sped by Grear If Lander fleets.
17. ESTOPPEL CERTIFICATES. WSth ten(10)days after r„hy)rmquaer by Lardy,Grantor MY deliver to tat,a sly Intended banslan@ of
Landers dyad with resat:Ito the Oesgalen. •aped and adonwaped statement specking (a)to abaMrp balance on the Obligations;
and(b)Maher Grit possesses any china,defenses,ercAa or counterclaims with respect In Ma Obligations and,If so,the nature of such
fame,drrees,wale a aaler arts. Grant MI to caltleNry bound by any repasrstt that Lender may make to to herded
transfuser with reseal b these northers hte ward ft Grant orb to provide the requested sateen h a they meaner.
IL EVENTS OF DEFAULT.An Event of Default asS occur under is Deed of Trust and the Trustee's power shell become moats In the event
— that Grantor,eanrawer or ter y guarantor of the Magadan':
(a)fags In pay my Obligati to Lander whin de;
N) Me to prim any Obligation a breaches any warranty a covenant to Later a bind In is Deed of Trost or any other present or
Nus aperrwht
(c)tlesbcye.louse a forges the Property In any rnera respect a entracte to Property to nature,crtbntlm,or oo drrneton;
(d) seeks to revoke,tonne*a otawle Mat b Uglify under any guaranty In Lender;
.� (e) dose,biomes legally karpeera, r aeons or waded, become mdved,mikes an aIngnme n t the benefit a carte,falls
to pay debts M lay become due,flea a petition under the federal bankruptcy laws,has an Involuntary pillion In brtrnpny led in with
Gina,flamer a any patentor le rend,or hes property taken under any writ or process of oath
@ aaows goods to be used,transported a atoned on to Progery,the possess n,transportatan,a um of aria Pigs;
(g)alaw any party other then Mentor or Borrower to assume or udefke any Obligation without the written awned a Ledr;a
N Causal Laser In deem Itself Secure des b a stgtert Odin In the valueof to Property,a If r a t Lender,In good any reason,
— beaver hl the prospect of payment or pertmrhw r hgkb
1L maws OF LENDER ON EVENT OF DEFAULT. Upon to occurrence of en Event of Mar under tie Deed ce Trust Latter aid be
waled to exercise one a man of the swamp remedies without mote or demand(accept as required by law):
(a) In dear the Obligatbn immediately des end payable in hA,such aaairaton shall be automat and immediate If the Event of Default
S a Sing ceder the eanknpiy Code;
(b) to cant h aathdng Obigallone with a wind resoRO to kidder proms;
(o) b rope*Grantor to delver and main avalebe to Lander any personal property or Chairs amduing to Property at a pane reasonably
convenient to Garver end Lander;
(d) IDS taco and take poaarenn of the Properly without appying for a obalIng h appointment of e receiver and,at Letters option,
to µport a receiver without bad. withal list bringing wit an the Oglgawn and without ohonwlw meeting any statutory conditions
s
reg•Np receivers,It being herded that Larder tai have Ns contractual rghl to appoint a receiver,
(µ "'employ a managing anent d la Property rd let the sere,either In Trustee's own name, In the none of Lender a In the name of
Grantor,at MONO h ca ,income, Mug and prods of la Properly and apply sans, paymentafter d d necessary charged and
ph liCCount of tie p) Ia pay any sumn any pes
PM u want deemed
*ter Malt payment of interestexpedient by Londe n protect h amity of this Deed d Trost a b cure any taut
principal on n Oudidel e:
N bI0.01? MS Gaddgmn,t jaggy againaany s�u hweddrno wIthrb Later.elate law.
de b Mdl Gemara lad nth
ith Le against sly roan owed Grantor by Lander em art but not Nnited b. man W, Instrument and
(0 In sit eac owlsteea'rearming ernfader.sly worry rite a agate d ages and
@ b eseralee al an rights available Leader under any other written warned a eppacads law.
Lenders rays are cumulative and nay be exerolaed loafer,separately,and in any order. In la event that Lear Meehan an action faking
Propane by way of a peludgrmt rrhsy n an action against Grant.Grant waves be paling of any bad which
lancoveydreaM oaks
the Traged its els,to the e be dited Lenders bid n dM4ne may purchase to Propertyl at any sae. Ine as event Lady purchases the Properly at
wry pail thereof may be sold n one Pride exceeds me a.Obligations,anmanner
Lender awe pay an cash crel b may excess.The Po or a
exrdees d h power herein gated shell parcel,
h suds pas µ oust SW or order a Lorain In b sale ty dds the cwt,and ono a more
rerptMh power unless tie entire Propery I add a Odipatiorr as paid in
Z. SECURITY INTEREST UNDER THE UNIFORM COMMERCIAL CODE. This Dead of Trust shell be considered a Mancha statement and a
Roan Shg pursue n to provisions of the Uniform Can meriel Code he adopted In to atm when the Property is touted)caveat fortune,
deaf.and sites of prsaW property new owned a hereafter attached to or to be laid In twrmniettcn with the Property together with any and
all repwrmlb urea and additions thereto gee'Crane'),and Grant hereby gam Lender a sway Interest In such Chattels. The debtor
le the Grab described above. The secured party b la Lender described above. Upon demand, Grantor shell mks,execute and deliver nth
marry rlly afire mente (as such term Ideated in said Uniform Commercial Code) as Lender at any erne may deem necessary or proper a
requited In girt b Lady a perfected seam*Crest In the Chewer.and upon Grantors failure to do so,Lader is adorned to sign any such
agrernrt a h agent of Grantor. Grantor hereby autoron Later to hie tmnkq statements as such torn is defined in said Uniform
Comma Cob)with respect to the Chattels,et any the,without the Mature of Grant. Grant in,however,at any the upon mum of
Lander,sigh math Irenatp statements. Graf vet pay all Ning fatal,fat of such meting statements and for the rating thereof at the
cowering a�t .th In the en inh tdie wart,by said
��p Carecs Cod. n the ton of this Dead of Trust r mulled to any security agreement
Chattels a hereby Chattels,
to larch,together detail erare panriaR ofa Trust,al la eonight.be no Merest of Grantor In end n any and all of la
predecessors or*ma'am h tie of Grantor n la Property. any dogma«pennants new or hereafter cads thereof by Grantor or la
r. R6 tourer l a OF AMOUNTS EXPENDED BY LENDER. Lander,at Lenders opllon, nay expert funds(audit ttrwy� fees and a
Mel exposes)b perform any act required tote taken by Gras.or b exercise an
y right or remedy of under d the Deeds of Trust. Upon
demand, Gras shall reimburse Lender for all such amounts expended by Lacer together with Interest thereon at the Mad the
Nan rats Morbid In any Oblig' atlas a the Nymt rate allowed by law from Me date of payment as in date of reimbursement
sun Mal be hdudd In h debtor,of Obpatlar herein and shag be secured by the beneficial trsat granted herein. If the Obligations ins
Pre Ow the bighting S the
of rote d aW,as herein provided, or kl h Wed Lender alt at le sole calf,permit Grantor b pay
furred of TMOTNmh and Lender b publIn connection ea,ication of notice a sae,as herein provided.than.Grantor shag pay on fwd as eaprna
for the Lady,anda mamma 1w n to Tnem.and is Deed of Trust cncc shag including reasonabletattorneys'Nee ndfas. thTrusW and
security eapwnn and fees.
7Z APPLICATION OF PAYMENTS. Al mynas mode by or an behalf or Grantor hey be applied against h mounts nb by Lerida
the(Including abmwya rtes remaining
1pr axpr win to connectionLe with hoses. d b rights a ronwan dwrtwd In this Deed of TPeld then to
(bgyrnntdlas'Wea Olegasnr as)In eti Leger chooses.
moult e JIM H.Helene Oa OVUM)OW el-nM Pima f al
•
SKLD LG 172 . 20 . 16 . 100 WE 2879670-2001 . 003
•
11111111111111111111111111111111111111 I I I I I m 11111111
2879670 08/31/2001 12:20P JA 8uld Tsulwmoto
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23. POWER OF ATTORNEY. Gas hereby wont Lender as b atlrrny4Mect to adorn Grantee Si on al instruments are other
Tarn prang to the Oblgnas or Deed of Trust In Sidon Lender aM be fled,but not required,to performny action or execute
any Tasted required b be taken or Orrin under
executed by Oder tine Deed of That Undies perlpmrw of such action a exapabn of such
documents nn not Suter.Grantor fan any°Mpatta or an ey default under this Deed of Trust Al poem of attorney desalted in this
Deed of Tart are Gaped with an Wereet and are irrevocable
24. SUBROGATION OF LENDER. Larder ofal be eWroPbd b the rldb of the holder or any previous Ian,scarily that or e combs we
discharged won funds a Nanced by Lender regardless d Maher these liens,security Merest a other anobbcgee have been relied d
m. COLLECTION COSTS. To the extent penned by law,Clanks•preee b pa yY Lenders reasonable fees and poste,I dudhg, but not hued
to.nee and costs or attorneys and other mime(Inducing without ,dents end consultants).right
a no such attorney or .
apart is n employee of Larder, In Laer, which are by Larder It minting any amount due or stag any right a remedy under this Deed or
Tart,whetter or not ault is brought, knudag, but in bind to,al fees end coats incurred on appeal,hi bankruptcy, and for poet{mgn ert
cannon actions.
X PARTIALRELEASE, Lender may renew Its Interest In a ported or tier Property by eeecwg and recording aw or more pain Messes
'Mad aSacaq b interest in the remaining nation of tier Property. Nang herein shat be deemed to obligate Larder to ne esse any of lb
rarest ter Fanny(except as reqWsd ender Personal 34),nor slat Lender be obligated to release any pert of taw Property It Grantor is In
default under the Dead of That.
27. MODIFICATION AND WAIVER.The modification or waiver of any of Grantor's pytabon a Landers rights under this Den d Trust must
be contained In e wrb0 signed by Lender. Lander may pertain any of Barratries or Granoes ObipaWa, delay a al to exercise any of Its
rides or accept payments Ian Grantor a anyone other tan Grantor wend calming a waiver at Mon Otllgseaw or rights. Aware(on ore
=moron shall not corollas as a water on ry other occasion. Onion;Obligations under its Deed d Tr st Hai not n affected V Lender
anerat, eedwgee,tab to exenne,Milkksmay rnseeee any id the Oellgatlaw 'wronging t tiny Grantor,Borrower a third pay
a he i r in be deemed YyGda waiver,and Lower«adeerr shall have the e right al ay re the�time t. Lindenb insistse blponMMtn pertomwne Ott performance drryd
R. SUCCESSORS AND ASSIGNS.This Deed of Marshal be binding upon and Inure to the benefit of Grantor and Lander and their reepecWe
successors,assigns.In stets,receiver.,administrators,personal representatives,legatees and deviser.
25. NOTICES. Except as otherwise required by law,any notice a other aamutration to be provided wider this Dead of Most shag be In
writing and tan to tie pats at toe addressee demand In this Dead of Tint a Ian other address as the parties may diskettes in wma0 tom
tens to time. My itch ndloe so given and sent by first dear malt posrps prepeld. era be deemed given the earlier dawn(3)days after such
nonce is salt a when rewired by tier person to whom such note Is being-given.
aG SEVERASILSTY.Whenever panda,each provision of this Deed of Trust shell be Interpreted so as t bs effective and valid under appecade
state law.
If
any provision of ate Deed d Trust violates the aw a b unenforceable.unenforceable. tine lest deb Deed of Trust t re continue to be yard and
enforceable.
31. APPUCASLE LAW. This Deed of Tart coati be governed by the laws of the state where the Property l located. Units anacable law
provides otherwise.Grantor canards to the prediction and venue of any court selected by Leta In b Sole depredm,located in that sate.
32. NO THRD.PARTY RIGHTS. No person is or ehal be a third-party beneficiary of any provision d tie Deed of Trust. Al provinces or the
Deed or Trust hi favor of Larder are Intended obey for the benefit of Lander,and no third party shall be entitled to assume a expect that Larder
we wawa or consent to the modification of any provision of this Deed of Trust,In Undies sole Screech _
33. PRESERVATION OF LIABILITY AND PRIORITY. Wand affecting the bbaly of Borrower,Grantor,a any guarantor of the a
any other person(excepts pwacomw ��released In N released) for he with
road and w performance her Cigabo• �without• the
rests of larder with reaped b Properly not expressly pp,. way primly of this Deed of rust
over the interest of any person+Waked or fist interned by recording eulwegsm to the Deed of Trust Lender may,either
before or alter the nwturiy of the Mignons. and without note a consent release any person la payment or perlame nos of al or any
pert of the Calasaon; make any agreement altering the tear of payment or performance of flew ny part of the Oblgatos; exercise a retrain
from exercising a waive try right a remedy that Lender may have under this Deed of Trust;accept addition: smutty of any kind for any of the
Obk2sams; or release or mwwlse dal with any real or personal property securing the Obligation. My person atoning or recording evidence
of any interest of any nature In the Property shill be deemed, by acgwng such Interest a recording any evidence thereof.to have consented to
all or any such actions by Lander.
34. DEFEABANCE. Upon the payment and performance In rue of all of the Obligation, Launder we execute end delver to Grantor thaw
documents that may be required to release this Deed of Trust of record. Gramm shall be responsible to pay any costs of recordation.
35. CONSTRUCTION LOAN.I This Deed of Trust la a connuoun mottos°, under the Uniform Cameron Code,bison en chignonincurred for the cawtruNbn d—en I ngrwanant on and, erJudng the acqubhbn coats of land. This Deed of Trust secures a oaatntn ion,
and It we be enact to the tams of•construtbn loan agreement between Mentor and Lender. Any manes,adenine Or Buena used a
Intended for use In the carwtnrctian, development ent, or operation aline Properly,whether Send m a of the Property,shall also be aped to the
lien at this Deed of Trent
3S WAIVER OF HOMESTEAD. Granby hereby waives eI homestead exemptions in the Property to which Grantor would chemise be edged —
under any applicable law.
27. MISCELLANEOUS. Grants and Lender agree Eat time is of the essence. Grantor waives p dead or payment, notice of
dishonor and proud except asny tired y law. Al reamww to Grantor n the Deed of True atS ncl,dmeip person signing babes. If there is
more than one Grantor, ink OpndbgYqp satin be pent and severe. TMs Deed d Trust represents the complete Mepaed understanding
between Grammer Lender pMWNnq b the tans and mndtlons hereof.
3e. JURY TRIAL WAIVER LENDER AND GRANTOR HERESY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY CML ACTION ARISING OUT
OF,OR BASED UPON,THIS DEED OF TRUST.
39.ADDmONAL TERMS:
LP5IID a Jen H.IW Co.Sean feet)ead ,n pew as
m Wk (N
SKLD LG 172 .20 . 16 . 100 WE 2879670-2001 . 004
sea 2001 6 of H 00 D 0.00 12:20P JA
CO IuNRoto
Grantor
r exact acknowledges
py t w n,ha that Ornr Ned,understands, and agrees to the terns and
receipt ofd b Illsttns of Ills of Trust and aekn wkeges
Date wit 7th day al August, 2001
GRANTOR: Rodger L. Steinke
/
GRANTOR: Francis R. Steinke
1Z Ss A. i.illka C i 4--
GRANTOR
GRANTOR;
GRANTOR
GRANTOR:
GRANTOR:
GRANTOR:
ACKNOWLEDGMENTS
State of Colorado
Countyof Boulder 1 es.
The foregoing hennas was acknowledged before me la 7th day di August. 2001
t), Rodger L. Steinke and Francis R. Steinke
y,
Myweiaslonexpkas: 12/10/2001 Witness my hand and official seal. `'.� '•
w
State of Colorado )
.� County ) et
� ...
The foregoing Mtursnt was acknowledged before me the day of
ty
es
oMor
My commission expires: Witness my Sind and official seal.
Notary Public
Mania to a Jon w Magma Ca tasath Im)mans
hp 5 oh
SKLD LG 172 .20 . 16 . 100 WE 2879670-2001 . 005
1III 11111 PEE 11111III IRO Ill III 11111IIIIIIII ^
2879670 08/31/2001 12:20P JA Sold T6ukamofo
6 of 6 R 30.00 0 0.00 Weld County CO —
t) . SCHEDULE A
The Iabowgg described real reseed In the CoWeld properlyCounty of ,amts of Colorado —
Lot A of Recorded Exemption No. 1207-31-2-RR-1493, According to the Plat recorded June
30, 1993 in Book 1390 as Reception No. 2339318 being a portion of the NW 1/4 of Section
31, Township 3 North, Range 68 West of the 6th P.N., EXCEPT the Westerly 60 feet for
County Road Right of Nay as shown on Plat of said Recorded Exemption, County of Weld,
State of Colorado.
Also known by street and number ass 12922 Weld County Road 1
Longmont, CO 60904
Towbar with al wale and water rgha a any lyre whah se appelenue to he flatly a which w if'Mined do a n mtm. on vat Ile pnendy sat h
present is,.Ororally Mn'.hemmer including. but M*Mad b me Idaatrg: eaudaad waist rights art derntl and pnota m hraa:wlad91tbd water rights
and appropriates; righla r Mier Iran trpWry andnOndbublry eaxa Mflr norm or atlapwnt candlaral water dydb rights Waft under wen
permits load by the Stow Enema Cr odar SS.east or municipal thorns*:rights and paean as dnbaad wound wale bemt al Vas C4ard under
aarac exchange,Or plan or auprnatedac al ditches,ant rwwnrdls,ppeaa&Monet war and other annum for Wtang ad anysylrp wale and an
rips or way and easement hrdor,and al shun or era or oilier Mennen avpen ci g any or el rights to sly such water herein dsaatad.
I SCHEDULE al
A Deed of Trust recorded August 21, 1997 in favor of PiretRenk of Longmont in the —'
amount of 8195,800.00 with a current balance of approximately $187,527.00.
TNm DOCISENT WAS PREPARED SY: FirstBank Of Longmont —
Utah IF John H.Witold Co.ROM)need)n]dAM van aae
SKLD LG 172 . 20 . 16 . 100 WE 2879670-2001 . 006
1111111 11111 1111111 111 1111111 1111 11111111 N111 IIII IIII
2925329 07J1412002
0 00 A JA JA Sold d l0lawialo
1 of f 10.00
EXTENSION AND MODIFICATION
9 OF DEED OF TRUST 2,
"fniCJ
DORROWIR GRANTOR
Rodger L. Stolake Rodger L. Steinke
Francis R. Steinke Francis R. Steinke
AODRias ADDRESS
612 Rider Ridge Drive 612 Rider Ridge Drive
Longmont, CO 80501-4699 Longmont, CO 80501-4699
ADDRESS OF REAL PROPERTY: 12922 Weld County Road 1
Longmont, CO 80504
THIS EXTENSION AND MODIFICATION OF DEED OF TRUST,dad the 7th day of February, 2002 la executed by and
between the Grantor identified above and lire!Bank Of Longmont , 1707 North Main Street, Longmont, CO
80501 ('Lender).
A. On August 07. 2001 Lander made a loan(Rout)to Borrower evidenced by Borrowers pemissory note or agreement
Mote')payable to Luger In the original primipel amount d Seventy Five Thousand and no/100
Dollars($75,000.00 ),which Note Is secured by a deed
of Inst(teed of Trust')eaacuW by Grantor for the benefit of Larder and erttimberrg the reel meetly("Properly"deecrted ta lobwe:
Lot A of Recorded Exemption No. 1207-31-2-RE-1493, According to the
Plat recorded June 30, 1993 in Book 1390 as Reception No. 2339318 being a
portion of the NN 1/4 of Section 31, Township 3 North, Range 68 West of
— the 6th P.M., EXCEPT the Westerly 60 feet for County Road Right of Way
as shown on Plat of said Recorded Exemption, County of Weld,
State of Colorado.
Said Deed of Trust was recorded on August 31, 2001 at Reception No. 2879670
n the records of the Clerk and Recorder of Meld County, Colorado . The Noe
and Deed of Trust and any other related documents are hereafter cumulatively referred to as the'Loan Documents'.
•
tee B. The Note and Deed d Trust are hereby modified as blows:
1. TERMS OF REPAYMENT.
®The maturity dated the Nolo is extended to August 07. 2003 at wlYch Woe all outstanding suns
due to Lander Spa the Note shall be paid in full,and the Deed of Trust le modelled accordingly. The police acknowledge and agree that,
mot February 07, 2002 the unpaid princpel balance due or canvnaed to be adverted by Lender under the Nob was
$75,000.00 . The new repayment terra areas follows:
Interest only payments beginning March 07, 2002 and continuing at monthly time intervals
thereafter. A final payment of the unpaid principal balance plus accrued interest is due and
— payable on August 07, 2002.
— 2. INTEREST RATE CHANGE.
❑The interest rate of the Note secured by tle Deed of Trust h changed to .
3. ADDITIONAL TERMS.
•
MOOT 00001 qua rMf
SKLD LG 172 . 20 . 16 . 100 WE 2925329-2002 . 001
• I RIM IIIII Hill III IIIIIIIIIIIIIIIIIIIIIIIIIIIII
�) 2926329 02/14/2002 10:51A JA Sun;Tsulumolo
2 al 2 R 10.00 D 0.00 Weld County CO r
T y C. Additional Representations,Warranties and Agreements. a- —
Grantor represents and warrants tint Grantor owns the Properly free and dear of any liens or ercurMnnces Other than the following:
A Deed of Trust recorded August 21, 1997 in favor of Firataank of
N. approximately e1a Longmont in the
of,$195,800.00 with a current balance of —
Except as expressly modified herein,all terms and conditions of the Loan Documents shall remain in NI force and effect. The parties hereby
adopt,rawly and catkin these terms and conditions as modified. Borrower and Grantor agree to execute any additional documents which my
be required by Lender to carry out the Menton of this Agreement. As of the date of this Agreement,there are no claim.defenses,setoffs or
counterclaim of any nature which may be asserted against Lander by any of the undersigned. —
Grantor acknowledges that Gran has read,understands,and agrees to the terms and conditions of this Extension and Modification of Deed of
Trust and acknowledges receipt of an exact copy of same.
DATED:February 07, 2002
LENDER:Firateank Of Longmont
Jet f'
Dvllreyr.y
Senior Vice President —
GRAry gar L. �to GRANTOR: Francis R. Steinke
Rodger L. Steinke Francis R. Steinke —
GRANTOR: GRANTOR:
GRANTOR: GRANTOR:
GRANTOR: GRANTOR:
—
ACKNOWLEDGMENTS
State of Colorado 1
st
cony of Boulder
1 —
Tbe foregoing irutru of was acknowledged before me this 7th day February 2002
Rodger L. Steinke and Francis R. Steinke
yr ;
cadicsaartiespiLth NU
Wkness and official seal.
t ' 'C,0 son 4lotuy Pwwbbcc
q in 1 ir, OD ot.?,, .' 1707 North Main Street
Longmont, CO 80501
55.
County a Boulder
1
The foregoing instrument was acknowledged before me this 7th day of February 2002
Jeffrey Davis, Senior Vice President for FirstBank of Longmont —
br
•
ay (emir it it ir(e w s hero official sea.
? ¢1.NCitilfe,Street —
105141
LG�4 .� D 2/3
rt0.—1 Noe Public•rte ° 1707 North Main Street
'•
• n Longmont, CO 80501 Atter Recoruf rill Return lb.
TPA CLIME jNASTREPARED BYFiratnank Of Longmont
..:t is -11d;;;_ 7_—..."
___
fir Cno'
D _._ _
: 411_ I-__._ .
__{D.YY�rt10KwJy co 9pS01 —
cxmomnam varier
SKLD LG 172 .20 . 16 . 100 WE 2925329-2002 . 002
„pAarket,Pro -Individual Property Description County: WELD
r
Ownership &Legal
IOwner: VAN ZUIDEN RICHARD & RUTH E
ddress: 12540 COUNTY ROAD 1 LONGMONT 80504-9575 Map Page: R-68 TS-3N Sec-31
Mail: 12540 COUNTY ROAD 1
Tax ID: 4780586 Property ID: 1207-31-0-00-002 Census Tract: 21.00
I Legal: PT NW4 31 3 68 BEG 113.5'N OF SW COR OF NW4 N155' S76DE 223.33' SO4D25'W 102.74' N89D36'
W 208.8'TO BEG
1
Valuation &Sales History
(Assessed Value: Total: $190,482 Improved: $129,232 Land: $61,250
J Past Sales: 2332518-19930430 $130,900 Taxes: $1,212
Property t,haractenstics
Style: RANCH Bldg Area: 1514 Garage: ATTACHED 736 SqFt
Built: 1962 Exterior: BRICK VENEER Bsmt: 0 SqFt 0 % fin
3edrms: 3 Land: 1 Acres Roof: N/A
F-Baths: 2 Fndation: N/A Heat: FORCED AIR- N/A
,,LP-Baths: 1 Fireplace: Rooms: 06
I Recent Sales
Vo Recent Sales Shown for this Property
1
r
•
•
w�.
rformation Advantage, Inc. 5401 S. Prince, Littleton, CO 80120 (303)795-1904
roperty information is considered reliable but not guaranteed.
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0 1396 R_ 02345095 08/06/93 13:02 45.00 1/001
P 0646 MARY ANN PEUERSTEIN CLERK 6 RECORDER WELD CO, CO
AR2345095
Q UIT CLAIM DEED
Richard Van Zuiden and Ruth E. Van Zuiden, whose address is 12540 Weld
County Road 1, Longmont, Colorado 80504, for the consideration of Ten
Dollars, in hand paid, hereby sell and quit claim to Richard Van Zuiden and
Ruth E. Van Zuiden, Trustees of the Richard and Ruth Van Zuiden Living
Trust dated April 19, 1993, whose address is 12540 Weld County Road 1,
Longmont, Colorado 80504, the following real property, in the County of
WELD, and State of Colorado, to wit:
A tract of land situated in the Northwest 1/4 of Section 31,
Township 3 North, Range 68 West of the 6th P.M., Weld County,
Colorado, described as follows: Beginning at the Southwest
corner of said Northwest quarter of said Section 31; thence North
113.5 feet along the West line of said Section 31 to the True Point
of Beginning; thence North 155 feet along the West line of said
Section 31; thence South 76° East 223.33 feet; thence South 4°25';
_ West 102.74 feet; thence North 89°36' West 208.8 feet, more or
less to the True Point of Beginning, County of Weld, State of
Colorado.
Also known by street and number as 12540 Weld County Road 1,
Longmont, Colorado 80504.
with all its appurtenances.
Signed this 4th day of August, 1993.
fNo documentary fee required. Actual consideration for this conveyance was
less than $500.1 , • t
•
Richard Van Zuiden
/ .tom iv 2 2 v-;._
Ruth E. Van Zuiden b
STATE OF COLORADO )
OF BOULDER )
fit?
ss.
4.
4-.)1 The.gi{egoing instrument was acknowledged before me this 4th day of
August, 1993 by Richard Van Zuiden and Ruth E. Van Zuiden.
' r" jx p1$1s
ao sion expires: June 18, 1994
cpcor
Witness my hand and official seal. y�
n} ztaar,/,
Notary Public
'Wake:1 slope, ref
•ZUOSCAothatanzoteact4 tarmrx,cohraa aosoz •f*ae.W-?6404% •ROM-776-870
SKLD LG 172 .20 . 16 . 100 WE 2345095-1993 . 001
e
Mn32518 B 1382 REC .432518 05/11/93 15:48 $5.00 _,001
•
F 1467 NARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO =
W AILIME E►1VTY nN47Sa THIS DEED, Made this day of April 30, 1993, between
WILLMAN M. NANEEB STATE DOCUMENTARY FEE • —
of the County of WELD and State of COLORADO, grantor, Date S'//• Y.
and
= /3 °9
RICHARD VAN EDWIN hop RUTH E. VAN WIDEN _
whose legal address is 12540 MID COUNTY ROAD 1,
yOflCIT, CO 10504 of the County of WELD and State of
COLORADO , grantee:
E!SWS. that the Batter, fer ad is aesiduetdon of the as el 1130,100.00 DORAn, the receipt sal sufficient/ —
el nab is Mob)admuledped, ha stated, Wrgeisd, sold and cave*, ad by those pasts does Nan,
Uvula, sell, norm and wain ate the grate* their hairs and snipe forever, all the reel property, together
with Plpnuaeets, If ay, situate, lylap ad being la the County of flan and State of Colorado, dueibtl as
• fallen:
A TRACT OF aim SITUATED IN THE NORTHWEST 1/4 OF SECTION 31,
TOWNSHIP 3 NORTH, RANGE 69 MST OF THE STE P.M, WELD COUNTY, COLORADO,
DESCRIBED AS FOLLOWS: HEGINNING AT THE SOUTHWEST CORNER OF SAID
NORTHWEST QUARTER OF SAID SECTION 31; THENCE NORTH 113.5 WHET ALONG THE REST LINE or SAID SECTION 31 TO THE TRUE POINT OF BEGEINDIG;
THRICE NORTH 155 FRET ALONG TER VEST LIAR OF SAID SECTION 311
THENCE SOUTH 76•EAST 223.33 FENT; THENCE SOUTH 4.25' NEST 102.74 FEET;
THRICE NORTH 89.36' VEST 208.5 FEET, MORE OR 1258
TO TEE TRUE POINT Of HEOINNINO,• COUNTY OP WELD, STATE 01 COLORADO.
also known as street and number 12540 WELD COUNTY ROAD 1, IONGMONT, CO 10504
TO Tats with an and singular the haeditauts ad apputaaeu the:aurte bainging, or in anywise apperainlag •.
and the aversion ed reversions, remainder en t aidma, rats, issues ad profits thereof, end all the estate, —
•
ripht, eel., lat=est, Wahl sad dared titsaear of the said grantor, either in la or equity, of, in and to the
• ohne hargalaed premises, with the heraditaseata ad apputemoces.
20 5a m TO NW the said maim shave Wegsiaadtl sad described, with the appurtareon, este the said grantee, •
their heirs and assigns forever. and the aid granter, for himself, his heirs, ad persona reprsaatatiw, does
.anvwnt, prat, halals sad scare to and with the grata, their heirs ad amigo, that at the Use of the
• insuling ad delivery of thew presets, is well salad of the p=ains above saveyed, ha good, eon, ported,
absolute ad indefeasible estate of iWritance, in law, is fee simple, ad ha geed right, full pews ad lawful
authority to great, bagels, sell end any the sass in wear end fora aforesaid, ad that the sea an free ad
ale! ar Ito.ell toms aid nu great* bargains, ales, liens, tans, issesaab, aashraaas ad reatridian of
lhatewnt kid or stare seem, Ear as TAn a PGA a comaTIM, A LID DT SOT BR DE a Plaits, Ee 15,
aisaICfi0p5, COiaE!AID slats-Dr-NC E p[CGW, If Al!,
are grater shell as rill ran=am Man n the abase-bargains maim in the quiet saws pesWe .
possession of the grantee his hairs end maps against all ad every person or pa=ten lawfully slaialq the whole
or wry put thereof.The scapula stater shall brake the plural, the plural the stonier, ad the use of or gala
shall be applicable to all gad=s.
II CUSS EEDOl, the pastor b,needed this dud on the date sat forth shove. / •
li
WSLSUN W.IHWmI
nLT5 Q CGa1100 1 •
In.
• Can W EmWD 1 —
The fayegoi,ig instrument as admnledgs hefore a this day of April 30, 1993 by
�S?IYYa`.
.132.T!* !yam dntt,i!` Z \ `Ch Varese
my anted ajtfiof`gl,sl
`I
v '
bag •
' I
•
SKLD LG 172 . 20 . 16 . 100 WE —2332518-1993 . 001:asu.os
iIIIIIIIIIIIIIIII111iIIIIIINIIIIIIi tllllllllllllllll
- 166 11 01 9E P 4 O20D O.® Weld Col Colony CO I°moro
After Recording Return To:
FLAGSTAR BANK, FSB
5151 CORPORATE DRIVE
TROY, MICHIGAN 48098
Loan Number: 998387710
!epee More This Lie Poe wag cis)
ggg
DEED OF TRUST
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections
3,11,13,18,20 and 21. Certain rules regarding the usage of words used in this document are also provided
in Section 16.
— (A) "Security Inetru®t" means this document, which is dated AUGUST 8 ,2001 , •
together with all Riders to this document.
(B) 'Borrower.is RONALD ZARUBA
Borrower Is the irustor under this Security Instrument.
(C) "Lender'is TEAM LENDING CONCEPTS, LLC
Lender is a CORPORATION organized
and existing under the laws of COLORADO
Lender's address is 7430 E. CALEY AVENUE, SUITE #120, GREENWOOD VILLAGE,
COLORADO 80111
•
Lender is the beneficiary under this Security Instrument.
(D) 'Trustees is the Public Trustee of WELD
(B) "Note'means the promissory note signed County, Colorado.
The Note states that Borrower owes Lender ONEBHUNDRED SIXTY AUGUST
T THOUSAND 0AND
00/100 Dollars (U.S.S 168,000.00 )plus
interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not
later than SEPTEMBER 1, 2021
(F) 'Property'means the property that is described below under the heading "Transfer of Rights in the
Property."
(G) 'Loan'means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.
(H) "Riders'means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
0 Adjustable Rate Rider 0 Condominium Rider 0 Second Home Rider
❑ Balloon Rider 0 Planned Unit Development Rider 0 Other(s) [specify]
❑ 1-4 Family Rider 0 Biweekly Payment Rider
(I) "Applicable Law'means all controlling applicable federal,state and local statutes, regulations, ordinances
and administrative rules and orders (that have the effect of law)as well as all applicable final,non-appealable
judicial opinions.
(I) 'Comity Association Dues, Pecs, and Aaseasmeors• means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners association
or similar organization.
(K) 'Electronic Funds Transfer' means any transfer of funds,other than a transaction originated by check,
draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,
computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an
account. Such term includes, btu is not limited to, point-of-sale transfers, automated teller machine
transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
(L) "Escrow llaoa' means those items that are described in Section 3.
(M) 'Miscellaneous Proceeds'means any compensation, settlement, award of damages, or proceeds paid by
any third Party(other than insurance proceeds paid under the coverages described in Section 5)for:(i)damage
to,or destruction of,the Property; (ii) condemnation or other taking of all or any pan of the Property; (iii)
conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or
condition of the Property.
COLORADO—Singk Family--Fannie Mae/Frddie Mc UNIFORM INSTRUMENT Foam 3006 1/01
Muting Sync,..Inc.tal6 601361 Page I of 9
ggg
/
SKLD LG 172 .20 . 16 . 100 WE 2879156-2001 . 001
coxm am
•
1111111 11III 1111111 IIIII IIIII IIIII IIIII III IIIII IIII IIII _
2879156 00/30/2001 10:40A JA duel Tsukemoio
2 0[ 0 R 45.00 0 0.00 Weld County CO
(N) 'Mortgage Insurance' means insurance protecting Lender against the nonpayment of,or default on,the
Loan.
(O) 'Periodic Payment'means the regularly scheduled amount due for(i)principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(P) 'RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its
implementing regulation, Regulation X(24 C.F.R.Part 3500),as they might be amended from time to time,
or any additional or successor legislation or regulation that governs the same subject matter. As used in this
Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a
"federally related mortgage loan"even if the Loan does not qualify as a"federally related mortgage loan"under
RESPA.
(Q) 'Successor in Interest of Borrower' means any party that has taken title to the Property,whether or not
that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this _
Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt and the trust
herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale,the following described
property located in the
COUNTY of WELD
[Type of Recording hradirtion] [Name of Recording JurWLLttlonl
LOT A OF RECORDED EXEMPTION NO. 1207-31-2-RE2179, ACCORDING TO
THE PLAT RECORDED JUNE 18, 1988 AT RECEPTION NO. 2620280, BEING A
PORTION OF THE NORTHWEST 1/4 OF SECTION 31, TOWNSHIP 3 NORTH,
RANGE 68 WEST OF THE 6TH P.M. , COUNTY OF WELD, STATE OF COLORADO.
which currently has the address of 12624 WELD COUNTY ROAD 1
[Saved
LONGMONT ,Colorado 80504 ("Property Address"):
Icnyl [Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or bereafter a part of the property. All replacements and additions shall also
be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the
"Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances
of record. Borrower warrants and will defend generally the title to the Property against all claims and `
demands, subject to any encumbrances of record. Borrower warrants and will defend generally the title to the
Property against all claims and demands, subject to any encumbrances of record and liens for taxes for the
current year not yet due and payable.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
I. Payment of Principal, Interest, Escrow Item,Prepayment Charges,and Late Charges. Borrower
shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment
charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to
Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. _
However, if any check or other instrument received by lender as payment under the Note or this Security
Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under
the Note and this Security Instrument be made in one or more of the following forms,as selected by Lender:
(a) cash;(b) money order; (c) certified check,bank check, treasurer's check or cashier's check,provided any
such check is drawn upon an institution whose deposits are insured by a federal agency,instrumentality, or
entity: or(d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such
other location as may be designated by lender in accordance with the notice provisions in Section 15. Lender
may return any payment or partial payment if the payment or partial payments are insufficient to bring the
Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current,
without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments
in the future, but Lender is not obligated to apply such payments at the time such payments are accepted.
If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on
=applied funds. Lender may hold such =applied funds until Borrower makes payment to bring the Loan
COLORADO-Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3006 1/01
Oran Sy,w.sr.nee'sisar Page 2 of 9
SKLD LG 172 .20 . 16 . 100 WE 2879156-2001 . 002
CnY,nr.DOT
,Market Pro - Individual Property Description County: WELD
Uwnersip & Legal
Owner: STEINKE RODGER L& FRANCIS R
ddress: 12922 COUNTY ROAD 1 LONGMONT 80504-9575 Map Page: R-68 TS-3N Sec-31
Mail: 12922 COUNTY ROAD 1
fax ID: 0258193 Property ID: 1207-31-0-00-062 Census Tract: 21.00
±Legal: PT NW4 31-3-68 LOT A REC EXEMPT RE-1493 EXC OG&M (.41R)
±
Valuation &Sales History
.blAssessed Value: Total: $543,686 Improved: $430,986 Land: $112,700
ast Sales: 2564586-19970812 $239,500 Taxes: $3,461
I Property Characteristics
Lyle: RANCH Bldg Area: 1475 Garage: ATTACHED 552 SqFt
3uilt: 1969 Exterior: BRICK VENEER Bsmt: 1475 SqFt 99 %fin
3edrms: 3 Land: 2.3 Acres Roof: N/A
F-Baths: 3 Fndation: N/A Heat: HOT WATER/ST- N/A
-Baths: 2 Fireplace: Rooms: 06
Recent Sales
ate: 08/21/1997 Price: $239,500 # 2564586
Seller: SNAKENBERG LARRY A& MARI Loan Amt: $195,800
ender: FIRSTBANK LONGMONT Loan Type: CONV Interest: N/A
.formation Advantage, Inc. 5401 S. Prince, Littleton, CO 80120 (303)795-1904
roperty information is considered reliable but not guaranteed.
..
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._—_..._ 'k T i` t. ".r}r .,?t,1lY .''St7i a . ,.. Sri x }...,l�+r
5� r :,�n�
�- WARRANTY DEED
THIS DEED, Made this 12TH day of AUGUST, 1998 between
Larry A. Snakenberg and Marilyn J. Snakenberg
— of the County of Weld and
State of Colorado, grantor, and
Rodger L. Steinke and Francis R. Steinke
�- whose legal address is 12922 Weld County Road 1, Longmont, Colorado 80504
of the County of Weld and State of Colorado, grantees.
WITNESS that the grantor for and in consideration of the sum of TWO MDR= TRIM
NIME THOUSAND FIVE RUMORED AND 00 100 ((6239,500.00) Dollars, the receipt sad
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
grantees, their heirs and assigns forever, not in tenancy in common but in JOINT
TENANCY, all real property, together with improvements, if any, situate, lying end
being in the County of Weld and State of Colorado, described as follows,
Lot A of Recorded Exemption No. 1207-31-2-RE-1493, According to the Plat recorded June
30, 1993 in Book 1390 as Reception No. 2339318 being a portion of the NW 1/4 of
Section 31, Township 3 North, Range 68 West of the 6th P.N., EZCEPT the Westerly 60
feet for County Road Right of Way as shown on Plat of said Recorded Exemption, County
of Weld, State of Colorado.
also known by street and number as 12922 Weld County Road 1, Longmont, Colorado 80504
▪ TOGITHER with all and singular the hereditament. and appurtenances thereunto
belonging, or in anywise appertaining and the reversion and reversions, remainder and
remainders, rents, i and profits thereof, and all the estate, right, title,
interest, claim and demand whatsoever of the grantor, either in law or equity, of, in
and to the above bargained praises, with the hereditament. and appurtenances.
— TO HAvt AND TO HOLD the said premises above bargained and described, with the
app rtenances,- unto-the grantees.- their- heirs-and-assigns-forever. And-the-grantor,
for himself, his heirs and personal representatives, does covenant, grant, bargain
and agree to and with the grantees, their heirs sad assigns, that at the time of the
easealing and delivery of these presents, he is well seised of the premises above
conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in
law, in foe simple, and has good right, full power and lawful authority to grant,
bargain, sell and convey the same in Renner and form aforesaid, and that the sane are
free and clear from all former and other grants, bargains, sales, liens, tans,
essetammnte, encumbrances and restrictions of whatever kind or nature soever, except
general taxes for 1997 and subsequent years; except easements, restrictions,
-- covenants, conditions, reservations and rights of way of record, if any;
Doc Fee,Z3'
2564586 B-1622 P-216 08/21/1997 11:OOA PG 1 OF 1 REC DOC 1
Weld County CO JA Suki Tsukamoto Clerk a Recorder 6.00 23.95
The grantor shell and will WARRANT AND FORZVER DEFIND the above-bargained premises
in all hed quiet and peaceable possession of the grantees, their heirs and assigns, against
every person or persons lawfully claiming the whole or any part thereof.
The singular number shall include the plural, the plural the singular, and the use of any
gender shall be apppplicable to all genders.
IN WITNESS WRZRIOF the grantor has executed this deed on the date set forth above.
4,
Larry A. -nakenberg
Marilyn
STATE OF COLORADO
se. The foregoing instrument was acknowledged before me
County of Wald } this 12TH day of AUGUST, 1998
by Larry A. Snakenberg and Marilyn J. Snakenberg
Witness my hand and official seal.
1 , My commission expires "yarn?
OTA/q%.• �'�
LL'Dt4:4 111-197&14---
NOT1771�t��tt!!! PUBLIC
: 1002 17TH AVENUE
No. 921A. Rev. 3- - 4\�:•�OA LONGMONT, COLORADO 80501
• N '-
‘.,OPCCt.0- :/cite, necuita)J neturn 10:
^ WpCm_4MmEipYeeW22)Ce 12472 'tcQ., 4\
SKLD LG 172 .20 . 16 . 100 WE 2564586-1997 . 001,_______
•
• RECORD AND RETURN TOt i<12t9-tp
Fir.taank of Longmont
1707 North Main Street 4-,
Longmont, CO 80501
5g ►
2564587 B-1622 P-217 08/21/1997 11:OOA PG 1 OF 9 REC DOC 1
Weld County CO JA Suki Tsukaaoto Clerk S Recorder 46.00 —
3053849/B Melaka [Spa Ae...7ar line F«Recorded Or.)
DEED OF TRUST -
THIS DEED OF TRUST('Security Instrument')is made os AUGUST 12, 1997 ,among the grantor,
Rodger L. Steinke and Francis R. Steinke,
('Borrower'),the Public Trustee of w.1d / County('Trustee'),and the beneficiary,
Pir.ttank of Longmont
which is organized-and edging vmerlhe-Iawrof efts State o£Carorado •and whose
address is 1707 North Wine Street, Longmont, CO 80501
(tendeONE sommtD NINETY-FIVE THOUSAND EIGHT imp= AND NO//1r00 Borrower owes Leader the principal sum of
Dollms(U.S.S 195,800.00 ).This debt is evidenced by Borrower's note dated the same date as this Security Instrument ('Note'),which provides
for monthly payments,with the MI debt,if not paid earlier,due and payable on SEPTOOa 1, 2027
This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all
renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under —
paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and
egremeats under this Security Instrument and the Note.For this purpose. Borrower, in consideration of the debt and the
trust herein created, irrevocably grants and conveys to Trustee, in trust,with power of sale,the following described property
located in Wald County,Colorado:
LOT A OP RECORDED EMOTION NO. 1207-31-2-RE-1493, ACCORDING TO INS PLAT
RECORDED .TOLE 30, 1993 IN HOOK 1390 AS EXCEPTION N0. 2339318 REING A
PORTION OP TEE NM 1/4 OP SECTION 31, TOWNSHIP 3 NORTE, MIME 68 NEST OP THE
6TE P.N., EXCEPT TEE WESTERLY 60 MIT 10E COMFIT ROAD RIG= OP MAY AS SHOWN
off Pr OT ac RECORDED ReCligTIOg, COMITY"OP WELD, STATE OF COLORADO.
7aer with all water and water ' any type property may be used on or in connection
sit the property at the present dme�or any Mae hereafterm�not limited to the following;adjudicated water rights and decree —
and priorities therefor; unsdjudicated water rights and appropriations; rights in water from tributary and nonce sources,whether
surface or underground; conditional water rights;rights to existing under well permits issued by the State Engineer heother federal,sate
or ism icipal authorities; rights and permits and designated ground water basin;all rights cleaned under contract,exchange,or plans or
augmeontor all ditches,canals.reservoirs.pipelines,tunnels,wells and other structures for diverting and conveyingwater and all a of
wax and easements therefor;and all shares of stock or other instruments evidencing any or all rights to any such water herein descrbed.
which has the address of 12922 Meld County Road 1, Longmont [Street.City).
Colorado 80504 ('Property Address');
[Zip Cade)
COLORADO-Single Fandyeamd.aW/FrNN Mae UNIFORM INSTRUMENTlit
,4N(CO♦Rea w.ao.MAW FORM-pgasatm-twmr-vmt Farm 3006 1/91
003006 o..a mabatl byFmwm T.Meoalk tae-9asmrane Amended 5/91
Pelp la,
SKLD LG 172 . 20 . 16 . 100 WE 2564587-1997 . 001
Q--1k
.•. required by applicable law,Trustee,without demand on Borrower,shell sell the Property at public auction to the highest •
bidder for cash at the time and place and under the terms designated In the notice of sale In one or more parods and In any
order Trustee detainees.Trustee may postpone sale of any parcel ofthe Property by public announcement at the time and
place of any scheduled sale.Lender or its designee may purchase the Property at any sale.
Trustee shall to the purchaser Trustee's certificate describing the Property and the time the purchase will be
'—' entitled to Trustee's deed.The radish in the Trustee's deed shall be prima fade evidence of the truth of the statemab
made therein.Trustee shall apply the proceeds of the sale in the following order:(a)to all.pries of the sale,including,
but not limited to,ralnnable Trustee's and attorneys'fees;(b)to all sums secured by this Security Instrument;and(c)any
excel to the person of persons legally entitled to ft.
21.Blase. Upae payment of all awns secured by this Security Instrument, leader shall request that Trustee release
this Security Iurtnem& and shall produce for Trustee, duly cancelled, all notes evidencing debts secured by this Security
Instrument. Trustee- ball release- this Security-Instrument without further inquiry or liability,Borrower-shall pay-any
recordation costs sod the statutory Trustee's fees.
23.Waiver of 9oesestad.Borrower waives all right of homestead exemption in the Property.
24.Bides to this Security Wfrumat.If one or more riders are executed by Borrower and recorded together with this
Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and
mpplanent the covenants and agreements of this Security Instrument as if the rider(s), were apart of this Security
Instrument.
Adjustable Rate Rider M Condominium Rider 1.4 Family Rider
Graduated Payment Rider Planned Unit Development Rider f���y1 Biweekly Payment Rider
Balloon Rider Rte Improvement Rider II Second Home Rider
V.A.Rider Others)Imacify]
2564587 B-1622 P-217 08/21/1997 11:00A PG 6 OF 9
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in ' 'ty Instrument
— and in any rider(s)executed by Borrower and recorded with it.
Wimesaes:
tCounty (Sal)
ti, BO504Rn`d� 1 Boreee`
�a x o Se ec�inh.�ru t4 -Smarr
Longmont,. CO m0504
1
(Seal) (seal)
-Borrower Borrower
STATE OF COLORADO, Boulder County s:
The foregoing instrument was acknowledged before me this 12TH day of AUGUST
1997 ,by lodger L. Steinke and Francis R. Steinke/ ,, .
......... x4,
'-' Witness my hand and official cal.
My Commission Expires: I l-21-') -r '?'�o
Ito:
Notary 1 7 North wain etiov. 4:• "it.,
Longmont, Color s9 efie.„,_...roe
yla`77ATE
"MIIMn,1,M"\
}yam
Borrower's sailing address is: 12922 weld County load 1, Longmont, Colorado S0504
flaa(CO)wm, Pap eae /ten 200E t/et
COa00a pssq
SKLD LG 172 .20 . 16 . 100 WE 2564587-1997 . 006
• Loan 91697.49 \.Q
1-4 FAMILY RIDER
Assignment of Rents
tnr4.....m...wham...M...r.tl,reM....-.../,.,a..,.---m'..w1M..,....rM.lrnawr.gCIS —
eeew)
THIS 1-4 FAMILY RIDER is made this 11TH day of AUGUST, 1997
and is incorporated into and shall be deemed to and and supplement the Mortgage, Deed of Trust or
Security.Deed.(the."Security.Inmrumet")_of the same date given-by the undsnigned-(the "Borrower")to- _
secure Borrower's Note to liratlank of Longmont
(the"Lender")
of the same date and covering the Property described in the Security Instrument and located at:
12922 Meld County load 1
Longmont. CO 80904
Ilr,mw Ad-mil
1-4 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security Instrument, —
Borrower and Lender further covenant and agree as follows:
A. ADDmONALPROPERTYSUBJECT TO THE SECURITYINSTRUMENf.In addition to the Property
described in.the-Security Instrument, the frllowingitems-use added-to-the Property description, mid-shall-also-
constitute the Property covered by the Security Instrument: building materials, appliances and goods of every —
nature whatsoever now or hereafter located in,on,or used, or intended to be used in connection with the
Property, including,but not limited to,those for the purposes of supplying or distributing heating, cooling,
electricity,gas, water, air and light,fire prevention and extinguishing apparatus, security and access control
apparatus, plumbing,bath tubs,water heaters, water closets,sinks,ranges, stoves,refrigerators, dishwashers,
disposals,washers,dryers,awnings,norm windows,storm doors,screens, blinds,shades,curtains and curtain
rods, attached mirrors, cabinets, panelling and attached floor coverings now or hereafter attached to the
Property,all of which,including replacements and additions thereto,shall be deemed to be and remain a pan of
the Property covered by the Security Instrument. All of the foregoing together with the Property described in
the Security Instrument (or the leasehold estate if the Security Instrument is on a leasehold) are referred to in —
this 1-4 Family Rider and the Security Instrument as the"Property."
B. USE OF PROPERTY;COMPLIANCE WITHLAW.Borrower shall not seek,agree to or make a change in
the use of the Property or its zoning classification,unless Lender has agreed in writing to the change.Borrower
shall comply with all laws,o, •---s, regulations and requirements of any governmental body applicable to the
Propany.
C. SUBORDINATE LIENS. Except as permitted by federal law,Borrower shall not allow any lien inferior to
the Security Instrument to be perfected against the Property without Lender's prior written permission.
D. RENT LOSS INSURANCE.Borrower shall maintain insurance against rent loss in addition to the other
hazards for which insurance is required by Uniform Covenant S.
E. "BORROWER'SRIGIIFTO RE NSTATE"DELETED.Uniform Covenant 18 is deleted. —
F. BORROWER'SOCCUPANCY.Unless Lender mad Borrower otherwise agree in writing,the first sentence
in Uniform Covenant 6 concerning Borrower's occupancy of the Property is deleted. All remaining covenants
and agreements set forth in Uniform Covenant 6 shall remain in effect.
G. ASSIGNMENT OF LEASES. Upon Lender's request, Borrower shall assign to Lender all leases of the
Property and all security deposits made in connection with leases of the Property.Upon the assignment,Leader
shall have the right to modify,extend or terminate the existing leases and to execute new leases,is Lender's sole
discretion.As used in this paragraph G,the word"lase"shall mean "sublease"if the Security Iaartunent is on
a leasehold.
MULTISTATE 14 FAMILY MUM
•
2564587 B-1622 P-217 08/21/1997 11:OOA PG 7 OF 9
SKLD LG 172 .20 . 16 . 100 WE 2564587-1997 . 007
670 111111101111111111101111111111111111 in 1111111111111
2879670 08/31/2001 12:20P JA Sold Teulamoto
1 of 6 R 30.00 D 0.00 Weld County CO
Atter Recordation Return to:Pbe— 1707.ae mNeme,Of
5o.w
Damrks 30 20561
D�17�19 4601'UMW
- DEED OF TRUST
•
swu+owrB,. DRAW `7nisc.
Rodger L. Steinke Rodger L. Steink.:...
Francis R. Steinke Francis R. Steinke yy
612 Rider Ridge,A l _ 'AODIYEtl
Drive 613 Rider Ridge (11
Longmont, CO $0501 Longmont, CO 105501
exnYV6klgr/b, naeamaawp. pgn.a p,w.. ...
-' TRUSTS Public Trustee Of Weld County
809 9Th Street 11, Greeley, CO 80631
in mrpraeon of the loan or other credit examxdata, hereinafter ribbed end any Aare advances or future Otligdors. 'adored
herein,with may hereafter he advanced or hound and the h eomueptvhreMMr motioned end other good and valuable mrldrativ,, the receipt
end sufficiency r which are hereby aoWnwsdged Grantor i 1 mss_seta Motto Main o-Stie e conveys LLongmont Trustee,
80501
('Larder),the beneficiary oder tie Deed of Tn■t,with power of me and potently and possession all r Grerbrs prom and future estate,
right,We and interest in end to the real property deserted it Schedule A which Is attached b this Deed of Truk and incorporated herein by he
referreroe, together with et et pre. and future improvements and fixtures; at ttrebleWreanal properly, withallimitation,limitation, all m uhmr�building materials, and goods of every nature (excluding hearted goals) nos or hereafter basted on or used in
cOes associatedonnection with m real et r properly, whether or not affixed b to land;r prN[sg.e,hereyunenta, and apprlau,c.e, exiudng al development
e real property, whetherproperty
�prer�my subsequently transferrer r b the reel
hereafter susceptible of transfer from his reel property tar other rat properly or my d
profits;all water,well.ditch,reservoir and mineral rights end stoma rang Y Noes.lito the reel censes property
and other agreements; all ran.Muse nd
the Property end the rights hereby granted for he use and benefit of Trustee,Na successors end assigns,tared 'yme flf b have and to hold
secured hereby.Mo and payment b b7 0l Y Obligations
— warraneover,t,covenant,~further constipation,an, Grantor does,for Grantor and Grantor's hem,repreeentadw ee with Lender end Trustee and ter ,au6ean,end assign,hereby expressly
I. OBLIGATORS. T eDeDeed of Duet.hey more thesuccessors and urge 1 follows:es
and covenants of Borrower or Greer )bend ped«rpursuant r all present and here indebtedness, Yabatlee, ablgtloru
( prow Tel sly note and other
Lander ents:ali b:
(a)tine Deed of Trust ale the following prarwsory robs and agreements:
— .,Smear r,UIiLRAL AIRONlr leas MC�OYman Lou t OREDO L88T AO Nei DATE �e DATE :reIWG
VARIABLI $75,000.00 08/07/01 02/07/02 100-40-4855 8865973
(b)al other n pree or hen wrier agreerw rah u w Ladder eat refer specifically th
is s Deed of Trial(whether eaaatad for the same or
different
lwrrposes than the foregoing);
(o) any guaranty or obligations of ober parties Ovenbirds(now or hereafter executed that rein to 8b Deed of True;
(d) Anne advances whether obligatory or optional, to the ea,event menace aaunrporrypah with the executbn Of pie Deed of Tnst
made or extended to or on brag of Grantor or Borrower. Grantor agrees bantam of 2a Odigalbrs *aline of credit.the ben of ea Deed ot
Trot rte canner mil payment In fin of al debt doe tender he fine malWadkq 2a ad that ran time to time(but before*miaow of no Ire)no balance may be outetending. At no line shall be Nen of Nit Deed of That not hdutlrp suns advanced to protect the security of
the Deed rt,uat,mead$ 75,00 .00 and
e)it enenaneres,eaaabne,renewals,nnodlcefpr,repeumru or substitution to any of the forgoing.
As iodinate Paragraph 1,the alms Grantor and Borrower rte rxdede and aleo mean any Grantor or Boomer I more than one.
2. REPRESENTATIONS,WARRANTIES AND COVENANTS.Grantor represents,warrants and covenants to Leader that
(a) Grazer hes fee simple marketable tide to he Properly and shall rnaeuh the Properly free of all Ins,security interests,encumbrances
and cleans except for his Deed of That and those described in SofsdOG B,which is attached to this Deed of Trust and incorporated heron by
reference,*Nth Grantor agrees to pay rte parlor in a wisely narrar;
(b) Grantor Is in compliance In all respects wan at applicable federal,an and local laws and regulation, Including, without Irritation, dose
relating b'Hazardous Matra'as dented herein, and other environmental matters She'Emamronu Laws"),and nether the federal
row the stab whore the Property I boated nor any other governmental or quasi Owrmlanal
entity hesGrantor,r •lien on the
otor re there any govenrrnaltel judicial or adnrisrative scent with roper b 4minaoMal metre pending, or b 01e best of the
used, r,looMe released,
which errs the Property. Neither Grantor nor,b the best or Grantors any other party has
us d,g generated,
are Hazardous Magneto , mood,or bum ed of any Hazardous Motorise as defined heeiin,h cow i with the Property or
an^ 'Hafodra az roue rat men Property. Grantor shall not commit or permit such action b be taken h Si.Ann. The
tem 'Ha art not lasted s' sly substance, materiel, or waste which e or becomes reported by any governmental authority
wads designatedant notas a ()plspetroetrnnede )friable a nominate aebesbr,(It)prycNrwad bpi enyw; (N)hoes a1La1 ,ee,retedee or
War Ara oarsman:oilers,Seclbm 911 of the Clean Water Act or lewd p«s11em to Section 307 of the Clean
sly amendments or replecemana to hen statutes;(v)those rtarree,materials or,rates defined es a Tanfodoum waste'
.� pursuant to Section 1004 of the Resource Conservator end Meconry Act or any amendments or rep4c to het statute:and NO those
substances,nutria or wow defined as a Rsarpn abearae'pursuant to Section 101 r Yes Compnl ewe Compensation and Liability Act.or any amendments or replacements b net sawn or any other sinter mate or federal.,regulation
or ordinance row or hereafter In effect Grantor roll not lease or porn* he sublease of the Property to a tenant or subtenant whose
operations may null In contamination of he Properly with Hazardous Macaw or toxic substances;
(c) Al applicable lows and repiagre, Including, without limitation, he Americus wan Diabetes Act,42 U.S.C.Section 12101 et seq.(and
arep utlone prorreigted wnutler)and at zoning and bulking laws and rogation relating b the Property by Vane r e y fit oral,state
omen I ipal as.municipal iortyprom with
atl cei iNW jurisdiction r�Progeny,reardy are and shag be observed and compared with h el metrW respects,and all
us . hlc ate rwwrncy hWudng but not limited to zoning variances,special exception for nonconlorming
we end stud be cowed,preserved end ore urenewed;
e temporary or permanent, which w material to the use and ocnpmiy of the Property,presently
— imam le Jens K Mete 0e.a.an 1.00)0374TO Psalm
SKLD LG 172 .20 . 16 . 100 WE 2879670-2001 . 001
1 11111111111 1111111 11111 111 1111111 VIII 11 um 1111 III1
2079670 2 of 6 R 00 D S 0.00 Weld JCounty CO A Sold lomoro —
(d) Grantor has the right and is dy authorized to execute end perlorin as Obligations under this Deed of Tnst and t eee aeons de not and
shad not conflict with the pmvlebn of any statute,regulation. ordnance, rule of law,contract or other agreement which may be binding on
Grantor at any in;
(e) No adlon or proceeding Is or shall be paring or flattened which right materially affect the Properly;and —
(l Grantor has not violated and shall not violate any statute,regulation,ordinance,rose dim,contract or other agreement(Including, but not
limited to, dose governing Hazardous Materials) which might materially affect V. Property or Landers rights or Interest b tie Properly
pursuant to the Deed of Trott
3. PRIOR DEEDS OF TRUST. Grab represents and warrants that there are no prior deeds d Duel affecting any fart of the Property except es
set tort)an Schedule B attached to this Deed of Trust,Mint Gorda preen to and pertain in•they manner. If tam are any pin deeds
or trust ten Grantor agrees to pay al amounts owed and perform •l Levan. required, under sift deeds of Mat and the Idebadness • —
stared thereby end hither agrees that•default under arty prior deed of that she be a default order this Deed of Trust and she antics lender
ben a and remedies subbed hereto or in the Odlgtbrr to which Lade world te entitled in the event of any other default.
4. TRANSFERS OF THE PROPERTY OR BENEFICIAL INTERESTS IN GRANTORS OR BORROWERS. In to event of•sale,commerce,
ce,
lease,contract for deed or bander to e y person ale e of any part d the reel property described b Schedule A,or any interest therein,oral all or
any berlbW Wrest In Borrower or Grantor(a Borrower or Grads la not•natural pawn or pawn but is a oapanton, aided lithely
company thereon f m or other rasbe legal
r W pay, Lanier nay,at its option, dacha the outstanding MnoCel Silence of the Obligation plus
squat,Grab or Borrower.as the case may be,that furnish a complete
statement setting bit all of its stockholders,members,or partners.as appropriate,end the extort of their respeodve ownership interests.
x ASSIGNMENT OF RENTS. In conurbation of die Obligations which are secured by this Deed of Trust,Grantor absolutely assigns to Lender
at Grantor's estate,right We, Interest,dean and demand nom orated or hereafter acquired In el editing and future leases of the Property
(including extensions.renewals and sublease),all agreaalenb for use and occupancy of tie Property(al such leases and agreement Maher —
written or oral,are hereafter referred to as the RMaee),aid at guaranies of lessees'perlonrance user the Lessee,together with the eradiate
and continuing right to collect and receive all of to rents,Some. receipts, revenue,Mee,profits and oiler income of any nature mer or
hereafter due(including any income of any nature caring due during any redemption period) under the Lease or from or rinsing out of the
Property, utlYq minimum rays,addend rend eemavaoe mite,pant s or common area maintenancemrtbutlarm, tax and bare
co* iar bw�d folef envy rent,liquidated demeges following delaM In any Leese,at proceeds peyebls under any policy of insurance covering
toss of rents resulting from iaderantblty caused by destruction or Swage ben Property, if proceeds payable as a remit of•lessee's
eaedee of an option to purchase the Properly,at proceeds derived Iran the termination or reaction of any Lease in a bankruptcy or titer
Madvwcy prmeedlq, and at proceeds from any rights and calms of any kind which Grantor naty have against any lessee tree to Leases or
any occupants of the Property(all of the above are hereafter collectively referred b es the'Rant').This assignment a sulked to the right,power
and authority given to the Lander to collect a d apply the Rene. This sespmnt is recorded M accordance sun epplbeble slab Incw be lien
nested by tea asaprmern fe Intended to be specific, perfected, end charts upon the recoiling d Ti, Deed of Trial,el as provided by
applicable state law as emended Iran she to time As bap es ten le no default wider to Obligations or role Deed of Trust leader grants
Grantor a revocable license to coiled at Rents from the Leases when due and to me sub proceeds in Grantors business apsratone. However. —
Lender may at any Into require Grantor to deposit an Rents Into an account maintained by Grantor or Larder at Lender's Institution. Upon debit
In the payment of,or In V.pwbmanoe of,any of the Obligation, Lender may at he option take poesesbn of the Properly and have Md.
menage,lease end operate to Property on tents and for•period of time tat Lender dawns proper. Lauder nay proceed to collect and receive
at Rarb from to property,and Lender she have fun power to make aerations.renovations,repairs or replacements to the Properly as Lender
may deem proper. Lender may apply al Rats in Leaders orb discretion to payment of the OblgaOM or to the payment oleo cost of such
alteration.renovations.repairs and replacements end any expenses incident to taking and retaining possession or the Property perkdicaly and the management and operation or the Property. Lender nay keep the Properly properly toured and may discharge any twee,charges,claims,
assessments and finer liens which may accrue. The expense end cost of tae actions nay be paid from the Rents received,and any unpaid
amounts she be added to the principal of the Obligators. These anent, together with other costs,OW become part of the Obigations
seared by this Deed of Trust.
a. LEASES AND OTHER AGREEMENTS. Grantor rhea not take or fat to lake any action which nny cause or pemit the termination or the
withholding of any payment Si rxvvnedbn with any Lease pertaining to tie Property. In addition. Grater,what Landers prim written content. —
sMa not (a)cooed any mortea payable under any Lens nos than ow math M adrsrct (b)moth/ any Leese:col essph or Slaw•ten.
security interest or other encwntra ce to be paced upon Grantor's rights, tie and indorser and b any Lease a the annuls flyable
thereunder; or(m terminate or cancel any Lease except for the nonpayment of any sum or other material beach by the other pant thereto. If
Grantor receives el any line any written corm reborn asening a default by Grantor under a Leese or pupating to emanate a cancel any.
Grantor shall promptly forward a copy of such communication (and any*utopian'camnWcatione relate thereto)to Lender. NI wit Leases
and the amounts due to Grantor thereunder are hereby assigned to Lender as eddtlonel security for the Obligations. —
7. COLLECTION OF INDEBTEDNESS FROM THIRD PARTY. Lander shee be weed to notify or require Grantor to notify any ltd party
(Mdedna but not limned to, lessees.licensees, governmental authorities and Insurance corp•reee) to pay Lender any indebtedness a
obligation owig to Grantor with raped 10 to Property(cumulatively 'Indebtedess')Whether or in a default exist wider rib Deed of Trust.
Grantor shall dtpwtly collect the Indebtedness owIg to Grantor Iron these third parties until the giving of such notification. In the event that
Grantor possesses or receives possession of any Mebmenbe or other remittances with respect to the Indebtedness barring the glvbg of such
nonfiction or If the IalMnent or other repitames consuls the prepayment of any indebtedness or the payment of any insurance or —
codamation proceeds,Gras she hold such Instruments and other remittances in trust ter Lender apart ham Its other property,endorse the
instruments and other remittances to Lender,and immediately provide Lender with possession of the instruments end oiler remittances. Lender
shall be attad,but not required to collect(by legal Proceedings or oterwiae),Wind the time tor payment oonpradse, exchange Or release
any obligor or coteteral,or otherwise settle any of the Indebtedness whether or not en Event of Default exit under tic Deed of Trust Leder
she not be liable to Grantor for any action, error, mistake, omission or delay peraIbg to the actions deerbed in ties paragraph a any
damages resdeng therefrom. Notwithstanding the foregoing.noting herein shall cause Lander to be deemed•mortgagee-In-possession. —
a. USE AND MAINTENANCE OF PROPERTY. Grantor shall IoW all aeon and make any repairs needed to maintain the Property In good
condition. Grantor shel not mnnit or permit any waste to be committed with respect to to Property. Grantor shell tae the Propn),scab,In
compliance with typeable law and insurance policies. Grantor shell not make any alterations,additions or improvements b the Properly without
Landers prior written consent. Without limiting the foregoing, all alterations,additions end toproverrens made to the Property she be subject
10 the beneficial Interest belonging to lender,shall not be reproved without lenders prior written consent,and shall be made at Grantor's sole
expense.
9. LOSS OR DAMAGE. Grantor shall bear the entire risk of any but.theft destruction or damage (cuntbtvely 'Loss or Damage') to to
Property or any portn thereof from any cause whatsoever. In the event of any Loss or Damage.Grantor she,at tie opion d Lander.reek the
affected Properly to to pothers condition or pay or cause to be paid to Lender b decrees In the air make vow of the affected Property.
10. INSURANCE. The Property will be kept Inured ter Its fad insurable value(replacement coal)against all hazards including loss or damage
caused by flood, eert ouake, tornado and tie,to or other casualty to the extent required by Lender. Grantor may wain Mtwara on to
Property from such companies mare acceptable to lender In Its sob discretion. The insurance potholes shat require to insurance company to
provide Lander with et least 30 days'written notice before such policies are altered or canceed in any maser. The insurance
policies shall name Lender as•toss payee and provide that no act or omission of Grantor or any other person shall effect the right of Lender to be
paid the Swarths proceeds peaking t the bee or damage of the Property. In the even Grantor tale to acquire or=Stain insurance,Lender
(after providing notice as may be required by law)may in It decredon procure appropriate insurance coverage upon to Property end the
insurance coat shall be an advance payable and bearing interest as described in Paragraph 21 and secured hereby. Grantor shell furnish Lender
with evidence of insurance SOON the required coverage. Lander may act as attorney-In-lad for Grantor in making and settling dskre rider --
insurance prides, cancelling any policy or endorsing Grantor's rang on any dam a negotiable instrument drawn by any Insurer. Mauch
insurance polices shall be immediately assigned, pledged end delivered to Lender as further security for the Obligations. In to event of lase.
Grantor she ImwWley glue Under written not,end Lender is authorized to make proof of loss. Each insurance company is directed to
make payment directly to lender Instead of to Lender and Grantor. Lander shall have the right,at Its soe option,to apply such maces toward
the OblIgatgre or toward the cost of rebuilding and restoring the Properly. My amounts may at Lender's option be applied in the inverse order
of the due dates tereol. —r
11. ZONING AND PRIVATE COVENANTS. Grantor she not innate or cowed b ay dmage in to zoning provisions a private covenants
affecting the use of tie Properly without Le dr's prior written consent II Grantor's use of the Property is or becdnes•nonconforming use under
any zoning provision Grantor she not cause a peon such use to be disconl nu d a abandoned without the prior written consent of Lender.
Grantor wit Immediately provide Lender with written notice of any proposed range to the zoning provisions a private covenants affecting the
Property.
12. CONDEMNATION. Grantor she Inisdelaly provide lamer with wren notice of any actual a threatened wdanetn or eminent —
domain proceeding pertaining to the Property. Al motes peyetle to Grantor from such oadem anon or taking are hereby assigned to Lender
and are be applied first to the payment of Lenders attorneys'fees.legal expenses and other met(including appraisal tee)in connection with
to co der atbn or enment damn proceedings and then,at to option d Lade,to the payment of the Obligations or the restoration or repair
or the Property.
LBCOJnB ft Joni,.iis,eaCa_1105571 leanb7-]711 ;IMO]d —
I I' I
SKLD LG 172 .20 . 16 . 100 WE 2879670-2001 . 002
'
TOGETHER WITH all the improvements now or hereafter erected on the property,and all easements, appurtenances,
- and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security •
Instrument.All of the kregoing is referred to in this Security Instrument as the'Property
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant
and convey the Property and that the Property is unencumbered, except for encumbrances of record.Borrower warrants and
will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and fender covenant and agree as follows:
1.Payment of Rindpni and Interest; Prepayment and Late Charges.Borrower shall promptly pay when due the
principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note.
2.Funds feel's*,and Insurance.Subject to applicable law or to a written waiver by[ender, Borrower shall pay to
Lender on the day monthly payments an due under the Note,until the Note is paid in Nil,a sum('Funds')for:(a) yearly
taxes aid assessments which may attain priority over this Security Instrument as a lien on the Property;(b) yearly leasehold
- payments or ground tents on the Property, If any; (c) yearly haard or property insurance premiums; (d) yearly flood
insurance premiums, if any;(e) yearly mortgage insurance premiums, if any; and 0) any sums payable by Borrower to
lender, in accordance with the provisions of paragraph 8,in lieu of the payment of mortgage insurance premiums. These
items are called'Escrow Items.'leader may,at any time,collect and hold Funds in an amount not to exceed the maximum
amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real
- Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C.Section 2601 er seq.(-RESP/C),unless
another law that applies to the Funds sets a lesser amount. If so,Lender may,at any time,collect and hold"Fonda in an
amount not to exceed the lesser amount. Under may estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,instrumentality, or entity
(including Lender, if Lender is such an institution) or in any Federal Home Loan Bank.Lender shall apply the Funds to pay
the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow
account, or verifying the Escrow Items, unless lender pays Borrower interest on the Funds and applicable law permits
lender to make such a charge. However,lender may require Borrower to pay a one-time charge for an independent real
estate tax reporting service used by lender in connection with this loan,unless applicable law provides otherwise.Unless an
agreement is made or applicable law requires interest to be paid.Lender shall not be required to pay Borrower any interest
or earnings on the Funds. Borrower and lender may agree in writing,however,that interest shall be paid on the Funds.
Lender shall give to Borrower, without charge,an annual accounting of the Funds,showing credits end debits to the Funds
- and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums
secured by this Security Instrument.
If the Funds held by lender exceed the amounts permitted to be held by applicable law,Lender shall account to
Borrower for the excess Funds in accordance with the requirements of applicable law.If the amount of the Funds held by
lender at any time is not sufficient to pay the Escrow Items when due,Lender may to notify Borrower in writing,and,in such
case Borrower shall pay to Lender the amount necessary to make up the deficiency.Borrower shall make up the deficiency in
no more than twelve monthly payments,at Lender's sole discretion.
Upon payment in hill of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any
Funds held by Lender. lf,under paragraph 21,Lender shall acquire or sell the Property, Lender, prior to the acquisition or
sale of the Property, shall apply any Funds held by lender at the time of acquisition or sale as a credit against the sums
secured by this Security Instrument.
3. Application of Payments. Unless applicable law provides otherwise, all payments received by lender under
paragraphs I and 2sbatlbe applied: Ern,to any prepayment charges due under the Note;second to amounts payable-under
- paragraph 2;third,to interest due;fourth,to principal due;and last,to any late charges due under the Note.
4.Charge;Item.Borrower shall pay all taxes,assessments, charges,fines and impositions attributable to the Property
which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any.Borrower shall pay
these obligations in the manner provided in paragraph 2,or if not paid in that manner, Borrower shall pay them on time
directly to the person owed payment.Borrower shall promptly furnish to Lender all notices of amounts to be paid under this
paragraph. If Borrower makes these payments directly,Borrower shall promptly furnish to Lender receipts evidencing the
Payments.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees
in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b)contests in good faith
• the lien by.or defends against enforcement of the lien in,legal proceedings which in the Lender's opinion operate to prevent
the enforcement of the lien;or(c)secures from the bolder of the lien an agreement satisfactory to Lender subordinating the
lien to this Security Instrument. If Lender determines that any part of the Property is subject to alien which may attain
priority over this Security Instrument, lender may give Borrower a notice identifying the lien.Borrower shall satisfy the lien
_ or take one or more of the actions set forth above within 10 days of the giving of notice.
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S.Hurd or Property Ieonnoee.Borrower shall keep the improvements now existing or hereafter erected on the
• Property insured against loss by fire,hazards included within the term 'extended coverage'and any other hazards, including
floods or flooding, for which lender requires insurance. This insurance shall be maintained in the amounts and for
the
periods that Lender requires. The insurance carrier providing the Insurance shall be chosen by Borrower subject to Lender's
approval which shall not be unreasonably withheld.If Borrower fails to maintain coverage described above,Lender may,at
Leader's option,obtain coverage to protect lender's rights in the Property in accordance with paragraph 7. _
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause.Lender
shall have the right to hold the policies and renewals.If Lender requires, Borrower shall promptly give to lender all receipts
of
paid premiums and renewal notices. In the event of loss,Borrower shall give prompt notice to the insurance carrier and
Lender.Lender may make proof of lox if not made promptly by Borrower.
Unless Leerier and Borrower otherwise agree in writing,insurance proceeds shall he applied_tarestoration.or repair of
the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the
restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If
Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has
offered to settle a claim,then Lender may collect the insurance proceeds to repair or restore
proceeds. Lender may use the
the Property or to pay sums secured by this Security Instrument, whether or not then due.The 30-day period will begin when
the notice is given.
Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If
under
paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting
from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security
Instrument immediately prior to the acquisition.
G.Borrower cha ,Pre ervation,Maintenance and Protection of the Propety;Borrower's Loan AppBotfon;Leaseholds. --
occupy,establish,and use the Property as Borrower's principal residence within sixty days after the execution
of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year
after the�of occupancy,unless lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or
unless ext
enuating circumstances exist which are beyond Borrower's control.Borrower shall not destroy,damage or impair
the roe rty, allow
the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if anyfo action or —
proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in
forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security
interest. Borrower may cure such a default and reinstate, as provided in paragraph 18,by causing the action or proceeding to
be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security Interest.Borrower
shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or
statements to Lender (or failed to provide lender with any material information) in connection with the loan evidenced by
the Note, including,but not limited to, representations concerning Borrower's occupancy of the Property as a principal
residence. If this Security Instrument is on a leasehold,Borrower shall comply with all the provisions of the lease.If Borrower
acquires fee title to the Property, the leasehold and the fee title shall not merge unless l agrees to the merger in
writing. eader
7.Protection of Lender's Rights in the Property.If Borrower fails to perform the covenants and agreements contained
in this Security Instrument, or there larders]proceeding that may significandy affect Lnder'arights-in.the Property.(such as
a proceeding in bankruptcy,probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do
and pay for whatever is necessary to protect the value of the Property and Lender'sin the
may include paying any sums secured by a lien which hasrights. Property.Lender's in court,actions
g
reasonable attorneys' fees andpriority over Security Instrument,, appearing n paying paragraph 7,Lender does not have to do entering on the Property to make repairs. Although Lender may take action under this
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this
Security Instrument. Unless Borrower and Lender agree to other terms of payment,these amounts shall bear interest from
the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Ld
requesting payment. eaer to Borrower
8.Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this
Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If,for any
reason,
mortgage
obtain insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the
premiums required ...-
coverage substantially equivalent to the mortgage insurance previously in effect, at a cost
substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect,from an alternate mortgage
insurer approved by Lender. If substantially equivalent mortgage
leader each month a sum m rage insuancerance
coverage is not
beaing
aid.Borrower shall when e e
equal to one-twelfth fe the ender mortgage , use a and premium being paid by Borrower the
insurance coverage lapsed or ceased to be in effect.Lender will accept, use retain these —
��Bapayments as a loss reserve in
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SKLD LG 172 . 20 . 16 . 100 WE 2564587-1997 . 003
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lieu of mortgage instate.Loss reserve payments may no longer be required,at the option of lender,if mortgage insurance
coverage(in the amount and for the period that lender requires) provided by an insurer approved by lender again becomes
available and is obtain.* Borrower shall pay the premiums required to maintain mortgage insurance In effect,or to provide a
loss reserve,until the*quirement for mortgage Insurance ends in accordance with any written agreement between Borrower
and Lender or Applicable law.
9.Inspection.fader or its agent may make reasonable entries upon and inspections of the Property.Lender shall give
— Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10.Condmnstlun.The proceeds of any award or claim for damages, direct or consequential, in connection with any
condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation, are hereby assigned and
shall be paid to Lender.
In the event of•total taking of the Property, the proceeds shall be applied to the sums secured by this Security
Instnment, whether of not then due,with any excess paid to Borrower. In the event of a partial taking of the P.up..,ty in
which the fair market talus of the Property immediately before the taking is equal to or greater than the amount of the sums
secured by this Security Instrument immediately before the taking,unless Borrower and lender otherwise agree in writing,
the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following
— fraction:(a) the total amount of the sums secured immediately before the taking,divided by(b)the fair market value of the
Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the
Property In which the fair market value of the Property immrdistruy before the taking Is less than the amount of the sums
secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law
otherwise provides,the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are
then due.
If the Property is abandoned by Borrower, or if,after notice by Leader to Borrower that the condemnor offers to make
an award or settle a claim for damages, Borrower fails to respond to lender within 30 days after the date the notice is given,
lender is authorized to collect and apply the proceeds, at its option,either to restoration or repair of the Property or to the
sums secured by this Security Instrument,whether or not then due.
Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend or
postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments.
11.Borrow Not Released;Forbearance By Laster Not a Walver.Extmion of the time for payment or modification of
amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall
not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required
to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify
amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or
Iforrower'i successors in interest. Any tee by Lender in exercising any right or remedy shall-not be a waiver odor
preclude the exercise of any right or remedy.
12.Successors and Asalges Bound;Joint and Several Liability;Co-signers.The covenants and agreements of this
Security Instrument shall bind and benefit the successors and assigns of Leader and Borrower, subject to the provisions of
paragraph 17.Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security
— Instrument but does not execute the Note:(a) is co-signing this Security Instrument only to mortgage,grant and convey that
Borrower's interest in-the-Property under the terms of this Security Instrument;-(b) is not personally obligated-to-pay the-
sums secured by this Security Instrument; and(c) agrees that Lender and any other Borrower may agree to extend,modify,
forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that
Borrower's consent.
13.Loan Charges.If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,
and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the
loan exceed the permitted limits,then: (a) any such loan charge shall be reduced by the amount necessary to reduce the
charge to the permitted limit:and (b) any sums already collected from Borrower which exceeded permitted limits will be
refunded to Borrower.Lender may choose to make this refund by reducing the principal owed under the Note or by making a
direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any
prepayment charge under the Note.
14.Notices.Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing
it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property
Address or any other address Borrower designates by notice to Lender.Any notice to lender shall be given by first class mail
to Leader's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in
this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph.
15.Governing Law; Severability.This Security Instrument shall be governed by federal law and the law of the
jurisdiction in which the Property is located.In the event that any provision or clause of this Security Instrument or the Note
conflicts with applicable law,such conflict shall not affect other provisions of this Security Instrument or the Note which can
be given effect without the conflicting provision.To this end the provisions of this Security Instrument and the Note are
declared to be severable.
.— 16.Berrower'sCopy.Borrower shall be given one conformed copy of the Note and of this Security Instrument.
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17.Traoder of the P opety or a Beneficial Interest in Borrower.If all or any part of the Property or any interest in it is
• sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person)without —
Lender's prior written consent, Lender may,at its option, require Immediate payment in full of all sums secured by this
Security Instrument. However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the
date of this Security Inatument.
If Lender exercises this option,Lender shall give Borrower notice of acceleration. The notice shall provide a period of
not leis than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this
Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lander may invoke any
remedies permitted by this Security Instrument without further notice or demand on Borrower.
18.Borrower's Right to Reheats. If Borrower meets certain conditions, Borrower shall have the right to have
enforcement of
may
Security Instrument discontinued at any time prior to the earlier of:(a) S days(or such other period a
applicable specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this
Security Instrument; or(b)entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a)
pays Lender all sums which then would be due under this Security Instrument and the Note as If no acceleration had
canned; (b)•muse-any-default of anyother covenantoragreemenu; (c)pays all expenses incurred in enforcing this Security
Instrument, including,but not limited to,reasonable attorneys' fees; and (d) takes such action as lender may reasonably
require to assure that the lien of this Security Instrument, Lender's rights in the P.vperty and Borrower's obligation to
pay
the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security
Instrument and the obligation secured hereby shall remain fully effective as if no acceleration had occurred. However,this
right to reinstate shall not apply in the case of acceleration under paragraph 17.
19.Sale of Note;Cheap of Loan Servicer.The Note or a partial interest in the Note (together with this Security
Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity
(known as the 'lean Servicer)that collects monthly payments due under the Note and this Security Instrument. There also
may be one or more changes of the Loan Servicer unrelated to a sale of the Note.If there is a change of the Loan Servicer, '—
Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law.The notice
will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will
also contain any other information required by applicable law.
20.Harlow Substance. Borrower shall not case or permit the presence, use,disposal, storage, or release of any
Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the
Property that is in violation of any Environmental Law.The preceding two sentences shall not apply to the presence, use,or
storage on the Property of small_quantities.of Hazardous- Substances- that are-generally recognized-to be appropriate to
normal residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice of any investigation,claim,demand, lawsuit or other action by any
governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental
Law of which Borrower has actual knowledge.tf Borrower learns,or is notified by any governmental or regulatory authority,
that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall
promptly take all necessary remedial actions in accordance with Environmental Law.As used in this paragraph 20,'Hazardous Substances'are those substances defined as toxic or hazardous substances by
Environmental Law sad the following substances: gasoline,kerosene, other flammable or toxic petroleum products, toxic
pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde, and radioactive materials. As used
in this paragraph 20,'Environmental Law'means federal laws and laws of the jurisdiction what the Property is located that
relate to health,safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
21.Acceleration;Remedies.Lender shall give notice to Borrower prior to acceleration following Borrower's beach of
any covenant or agreement In this Security Instrument(but not prior to acceleration under paragraph 17 unless applicable
law provides otherwise). The notice shall spedfy:(a)the default;(b)the action required to colt the default;(c)a date,not
less than 30 days front the date the notice is given to Borrower,by which the default must be ninth and(d)that failure to
ant the default on or before the date spec led In the notice may result in acceleration et the sums sauced by this Security
Instrument and sale of the Property.The notice shall further Inform Borrower of the right to reinstate after acceleration
and the right to assert in the foreclosure proceeding the nonedstence of a default or any other defense of Borrower to
acceleration and ale.If the default Is not cured on or before the dale specified in the notice,Lender,at Its option,may
require power
oimmM4te payment sale in full of all sums secured by this Seawity lrotrumeot without further demand and may Invoke
the
in ftsnWan Wa�rmedles other�es permitted by applicable law.larder shell be entitled to collect all expenses
and casts of title evidence. provided In this paragraph 21,including,but not limited to,reasonable attorneys'fees
If Lander Invokes the power of sale,Lender shall give written notice to Trustee of the occurrence of an event of default
and of Lender's election to cause the Property to be sold.Lender shall mall a copy of the notice to Borrowers provided is
paragraph 14.Trustee shall record a copy of the notice in the county in which the Property is located.Trustee shall publish
a notice of sale for the thne and in the manner provided by applicable law and shall mail copies of the notice of sale to the
manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law.Afar the time
O.ga(CO)-, 2564587 B-1622 P-217 08/21/1997 LI:00A PG 5 OF 9
saes 1/af
COa00a'
SKLD LG 172 . 20 . 16 . 100 WE 2564587-1997 . 005
"Market Pro - Individual Property Description County: WELD
w' wnef—siip &Legal
1 Owner: TAYLOR NICOLETTE
ddress: 12624 COUNTY ROAD 1 LONGMONT 80504-9575 Map Page: R-68 TS-3N Sec-31 NW
Mail: 12624 COUNTY ROAD 1
tax ID: 7504298 Property ID: 1207-31-2-00-066 Census Tract: 21.00
Legal: PT NW4 31-3-68 LOT A REC EXEMPT RE-2179 (.16R)
r
i laluation &Sales History
Assessed Value: Total: $238,533 Improved: $158,663 Land: $79,870
ast Sales: 2720602-19990903 $325,000 Taxes: $1,518
Property Characteristics
Style: RANCH Bldg Area: 1496 Garage: NONE 0 SqFt
3uilt: 1960 Exterior: BRICK VENEER Bsmt: 1496 SqFt 0 %fin
3edrms: 3 Land: 3.26 Acres Roof: N/A
j F-Baths: 2 Fndation: N/A Heat: FORCED AIR- N/A
,Lir-Baths: 1 Fireplace: Rooms: 06
I Recent Sales
ate: 09/15/1999 Price: $325,000 # 272602
feller: STAMP ALAN JEFFREY& TERE Loan Amt: $175,000
_ender: MATRIX FINANCIAL SERVICES CORP
1 Loan Type: CONV Interest: N/A
r"formation Advantage, Inc. 5401 S. Prince, Littleton, CO 80120 (303)795-1904
roperty information is considered reliable but not guaranteed.
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Sent By: Century Capital Mug; ''3ae31ge4; Feb•3-00 12:19PM; Pe.114/14
1 111111 111111 III 1111111 IIIII 111111 III 11111 /III /III
�i 2751889 02/28/2000 02:02P JA SukiToukamoto
04 — 1 of 1 R 5.00 D 0.00 Weld County CO
QUIT CLAIM DEED
MIS DEED,Made Otis .K1 day of ;2000 hc1wael
N TCOLL'TTE TAYLOR.
r County of WELD,State of COLORADO,grantor and
RONALD LARUBA,
whose legal address is 12624 Weld County Road 1,Longinont,CO 80504
County of WELD,State of COLORADO,grantee:
f:
WITNESSE'IH,That the grantor,Inc and in consideration of the sum of
•••TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION•••
the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and
QUITCLAIMED, and by dose presents does remise,release, sell and QUITCLAIM, unto the
grantee, his heirs and assigns forever,all the right, title,interest,claim and demand which the
grantor has in and to the real property, together with improvements,if any, situate, lying and
being in the County of WELD,State of COLORADO,described as follows:
LOT A OF RECORDED EXEMPTION NO. 1207-31-2-RE2179,ACCORDING TO THE
PLAT RECORDED JUNE I R,1988 AT RECEPTION NO.2620280,BEING A PORTION OF
THE NORTHWEST Y.OF SECTION 31,TOWNSHIP 3 NORTH,RANGE 68 WEST OF THE
6n1 P.M.,COUNTY OF WELD,STATE O1:COLORADO.
For convenience purposes only, no doc fee required;consideration less than 1507.
also known by snort and number as:12624 WELD COI TNT/ROAD 1
TO HAVE AND TO HOLD the same,together with all and singular the appurtenances
and privileges thereunto belonging or in anywise[hereunto appertaining,and all the estate,right,
title,interest and claim whatsoever,,of the grantor,either in law or equity,to the only proper use,
benefit end bchoof of the grantcc,his heirs and assigns forever.
IN WITNESS WHEREOF.S grantor has executed this deed on the date set forth above.
•
NICO TAYLOR
^ 9tAtrOYtOL4)O S.v ,/FA//t
M.
a " . ounty,
rSi 1
a{ �1 iN'led /
The
e iii oln4R ant was acknowledged berme me this 7—N day of 1;4 ,2000,
y'NICOLETTE TAt(tj.t3R.
-' '"SeE `i1M*Tires' 3- °r• 2000
Witness my hand and official seat.
Not Public , o v../ W P ,i
f T� F 00 -0°) -01 (c -OO
SKLD LG 172 .20 . 16 . 100 WE 2751889-2000 . 001
1-i ii UIIIINIIHii-n1IIIlmIifhm-iii-ton-tin its
2720002 00/15/10p 02:14P Meld County CO
[r���� 1 of 1 R 5.00 D 92.50 JR Suk1 Taukaaoto
—
WARRANTY DEED
THIS DEED, Made this 3rd day of September .19 99 ,
between Alan Jeffrey Stamp and Teresa M. Stamp
of the County of Weld and Slate of Colorado ,
grantor,and Nicolette Taylor and Ronald Zaruha
whose legal address is 12624 Weld County Road 1, Longmont, CO 80504-9575 —
of the County of Weld and State of Colorado ,grantees:
WITNESS,That the grantor,for and in consideration of the sum of THREE HUNDRED TWENTY FIVE
— THOUSAND-AND,NO/100
DOLLARS,($325,000.00 J.the receipt and
sufficiency of which is hereby acknowledged,has granted,bargained,sold and conveyed,and by these presents does grant,bar-
gain,sell,convey and confirm.Into the grantees,their heirs and assigns forever,sotto tenancy ha common but In Joint tenancy,
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:
Lot A of Recorded Exemption No. 1207-31-2-RE2179, according to the plat
recorded June 18, 1988 at Reception No. 2620280, being a portion of the
Northwest 1/4 of Section 31, Township 3 North, Range 68 West of the 6th P.M.,
County of Weld, State of Colorado
also known by street and number as 12624 Weld County Road 1, Longmont, Colorado
80504-9575
TOGETHER with all and singular the hereditaments and appurtenances thereunto 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,either in law or equity,of,in and to the above bargained premises, with the
hereditamcnts and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described,with the appurtenances,unto the grantees,their
heirs and assigns forever. And the grantor,for himself,his heirs and personal representatives,does covenant,grant,bargain and
agree to and with the grantees.their hens 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 whatevsnkind.or-nanznseu+vri,.eaeept fontaxesfor.the current-year,a-flee-ut-not yet due- -- —
and payable,easements,restrictions,reservations,covenants and rights-of-way of record,If say,
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable posses-
sion of the granites,their 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,the plural the singular,and the use of any gender shall he applicable to all genders.
IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above.
Al f cress M Stamp
ta•u Mari;.o-r,
ur
STATE OF COLORADO J 'b'
I�
J asISM(mu
COUNTY OF BOULDER )
The foregoing instrument.was acknowledged before me this 3rd day of Septe 99 by
Alan Jeffrey Stamp and Teresa M. Stamp
My Commissio exph,$HANTELL VAHLING Witge s. hand ff•at se _
NOTARY PUBLIC /
STATE OF COLORADO . bEr
lly Canlinission Earn 7/1!2001 st
~
WARRANTY DEED Es Mg Tomlin.)(*women Pile 0 LR10332B99 .--.
SKLD LG 172 .20 . 16 . 100 WE 2720602-1999 . 001
._.— .
(the Public Trustee)shall sell and dispose of amid premises(en:MOO or in separate parcels,as said Public trustee
may think hat),and all right,title and interest of the said Party of the First Part,his heirs or assigns therein
at Public Auction at the front door of the Court House or at such place as similar sales are then customarily
held in the Colorado County or City and County In which said premises are located,or on said premises as may
he specified in the notice of such sale,for the highest and best price the same will briny in cash,four weeks
public notice having previously been given of the time and place of such sale,by advertising weekly.In some
newspaper of general circulation at that time published in said Colorado County or City and County:copies of
said notice shall be mailed in accordance with the statutes of Colorado governing%ai s if real estate by Public
Trustee,and said Public Trustee shall make and give to the purchaser of said property at such sale,a certificate
in writing. describing such property purchased, the sum paid therefor.and the time when the purchaser(or
other person entitled thereto)shall be entitled to a deed therefor.unless the time shall he redeemed as provided
by law:and said Public Trustee shall upon demand by the party holding the said certificate of purchase,when
said demand is made,or upon demand by the party entitled to a deed to and for the property purchased,at the
time such demand is made,the time for redemption having,spired,make and execute to such party a deed to
the said property purchased,which said deed shall he in the ordinary form of a conveyance and shall be signed.
acknopwledged,and delivered by the said Pehlke Trustee as grantor and shall convey and quit claim to such
party or parties entitled to suds deed,as grantee,the said property purchased as aforesaid,and all the rµht.
title, interest, benefit,and equity of redemption of the Party of the First Part,his heirs and assigns therein,
and shall recite the sum for which the property was sold and shall lifer to the power of sale herein contained
.� and to the sale made by virtue hereof:and In cue of an assignment of such certificate of purchase,or incase
of the redemption of such proparsy, by u wilwer ernl arc brancer.such atsxounant in redemption doll
also Ise referred to in such deed:but the notice of sale need not be set out in such dead:and the said Public
Trustee stall. out of the proceeds of such sale,after first paying and retaining all tees.charges and costs of
making such sale, pay the Bank hereunto or the legal holder of said Note.the principal and interest due on
said Note,according to the tenor and effect thereof,and all moneys:advanced hy the Bank or legal holder of
said Note for insurance, taxes, assessments, repairs. a,d other charges with interest thereon at note rate
plus_, 0 • percent per annum,not to exceed the maximum interns allowable by law:rendering the oeel-
plus.it any,unto the said Party of the First Part.his legal representatives or assigns:which sale and said deed
so made shall be a perpetual bar, both in law and equity.against the said Party of the First Part.his heirs.
assigns,and successors in interest and all other persons claiming the saki property,or any part thereof,by.from,
through,or under the said Party of the First Pan or any of them.The Bank or the holder of said Note may
purchase said properly or any part thereof,and it shall not be obligatory upon the purchaser at any such sale
to see to the application of the purchase money.If a release deed be required.It is agreed that the Party of the
First Part,his heirs.assigns.or successors In interest will pry the expenses thereof.
And the said Party of the First Part for himself and for his heirs,executors,and administrators,warrants
title to and possession of the encumbered premises and hereby waives homestead exemption end any other
exemption now or hereafter provided by law and further warrants that said premises are free and clear of all
liens and encumbrances.except: _
_ B 1252 BBC 02201078 12/27/89 10:56 420.00 2/004
P 0340 MARY ANN PRUERSTEIN CLERK S RECORDER WELD CO, CO
Ifni SAID PARTY OF Tllli FIRST PART FURTHER COVENANTS AND AGREES:
To pay promptly all and wngulat the principal and unercw and all oilier sums of money payable by
virtue of said Note and this Deed of Trust on She days restively that the same severally become due and to
perform such and every stipulation,agreement, and condition in rid Note and this Deed of Trust;that in
the event the Bank shall be or become liable for or obligated to pay any tax or assessment whatever under
Stale or governmental law or levy,for and on account of the said Note or this Deed of Trust securing the same,
or the indebtedness represented thereby,to pay the Bank at lent ten days prior to the due date of said tax or
assessment,the full amount of suds tax or assessment.
To keep the improvements on said premises insured again loss by fire.windstorm,and such other
hazards as the Bank may require,in such companies as may be approved by the Bank.in an amount not less
than the amount due the Bank hereunder:and if the insurer elects to pay a loss or damage in cash rather than to
repair,rebuild,or replace the property lost or damaged,the Bank shall have the option to apply the proceeds of
such cash settlement of such loss upon the sum hereby secured up to the full amount of the insured s indebted.
ness to the Bank:all insurance policies on improvements on the real estate hereinabove described shall be
retained by said Bank with said Note and Trust Deed and every such insurance policy must have a mortgagee's
clause attached thereto in favor of said Bank,In form satisfactory to said Bank.
To pay promptly all taxes,assessments,levies,water rents,insurance premiums,and all other liabilities,
obligations and encumbrances as they become due.
That if all or any part of the real property herein described is sold or transferred by Party of the First
Part without the Bank's prior written consent,the Bank may,at the Bank's option.declare all sums seemed by
this Trust Deed to be immediately due and payable.Bank is entitled to receive payment on account of said Note
from persons other than Party of the First Part.Receipt of payments under said Note by a party other than
Party of the First Part shall not be deemed to cot,stitute a consent to transfer of property or substitution of
parties,which assert may only he evidenced by express signed statement of the Bank.
That if any improvements. repairs,of alterations have been commenced and have nut been completed
mole than does months prom to the date hereof,Party of the First Pon will receive the proceeds of this loan
as a Mid fond to be applied first to the payment of the costs of the improvements and that the sane:will be
wr applied henore using any part of the total for any other purpose:not if work ceases on any proposed Im•
• movements.sepsis,or alteratin,for a period of ten days or more,then said Bank may el its(Ttkm,without
nuncv,dcclase said indebtedness due and payable or said Bank nay take possession of said premises and let
contract for or proceed with the completion of said improvements,repairs,or ateratons and pay the costs
Ihaeof our of the proceeds of money due said Party of the First Part upon said loan and should the cost of
completing said improvements.repairs or alterationsexceed the balance due said Parry of the First Party by said
Bank.then such addukmal cost may he advanced lay site Bunk and shall bear interest as the same rate as principal
— indebtedness and secured hy this Decd of Trust,provided,however,such additional cost shall be repaid by said
Party of the First Party to said Bank within ten day.after completion of aid improvements,repairs,or
alterations:that said Party of the First Part,regardless of natural depreciation,will keep said property and the
improvements thereon at all tunes in good condition and repair;and upon the refusal or neglect by Party of
rise Flit Part to keep said property and the improvements thereon at all times in good repair.to pay promptly
all taxes. insurance premiums, water urns, assessments. abstract and recording fees, levies, liabilities,
obligations,pras-Ipal,or interest on this or on any other encumbrance on said real property or to perform any
other agreements,conditions,stipulations, or covenants as herein provided,the Bank may have suds things
done at First Party's cost and may make any reasonable expenditure ornutlay necessary thereunder.
Thai Bank shall have the right of entry on the described property at any reasonable tune for the purpose
of inspecting the property.
Thai if any part of said described property shall be condemned or taken fir public use under eminent
domain,or in case the property shall be damaged either by public works or private acts,all damages and core•
pcnsatkn paid therefor shall be paid to the Bank and applied upon the indebtedness due under said Note and
this Deed of Trust.
That the Bank shall have the right to file and to defend suits at the expense of the Party of the First Part,
In his name or in the tame of the Bank,for the recovery of damages,to uphold the lien of this Deed of Trust,
or of First Part LG 172 , 20 , 16 , 100 WE 2201078-1989 , 002 Including
- 4 .3 -
brought by Party of the Pint Pan ag the Bank,or shall have the right to employ counsel In ails to
prevent. to compromise, or to negots..e any such proposed litigation, and all sums expended as cons in
connectnn therewith or advanced by the Bank shall be repaid by Party of the First Part upon demand to as may
be cxpreowly agreed up in by the Hank,and,if veil vino,with Inlere.1 therein al Iltu then wnent cuntrad
comet Idle,he nut pant by Piny ul the FIN Parl the hank may de•I.nc Al id the uuk•bte,li en.minding all —
we.h moms,atnuadiatrh.Itte Awl•alto.Uhl(ot,at the lin.x'...punt.51k h von.sett be,time..,nn.l It nlddnuul
Indebtedness secured by the. Deed td I rust,winch dull be a Inn Ito said additional estent vn Ole plcmtses
hereinabove described prior to any right,tide,ot interest attaching or accruing subsequent to the hen hareot,and
such indebtedness shall be paid under the provisions of the Promissory Note secured hereby and any subsequent
modification agreements. —
If this Trust Deed is foreclosed through Public Trustee,a reasonahle sum for attorney fees shall be added
as a cost of foreclosure and if foreclosed through the Courts,a reasonable sum for attorney tees shall be taxed
as part of the costs of foreclosure.
IT IS SPECIFICALLY AGREED,That time Is of the essence of this contract and that in the event the
Party of the First Pan fails to pay said Bank any and all sums due according to the terms of said Note and this
Deed of Trust and fads to perform any of the covenant.and agreements contained in said Note and this Deed of
Trust.said Bank may at its option declare said Note end the remaining indebtedness owing thereunder due and
payable and any taxes.assessments,Insurance premiums.or other advances made or paid by said Bank and nor
repaid to said Bank by Party of the First Part.shall become an additional Indebtedness hereunder and secured
by this Deed of Taut,and in case of such default.the Bank.or in case of sale under foreclosure.the holder of
the coltltcate of pueelime.shall at once hccoate entitled to the possession.rive.and enjoyment of said property
and to the tents.ateome..and pions.Iheoot.which a cnn.points.and incnnc.hall he applied to the payment
of the indebtedness secured hereby and,if possession is nut obtained,shall be entitled as a MAW, at right•
without regard to the solvency or Insolvency of the Party of the First Parr,or to the then owner of said prop•
city.to haves receiver appointed by any Court of competent jurisdiction upon ex parte application and without
notice nueuc being expressly waived .and such receiver when so appointed,shall apply all rents.incomes.and
profits therefrom.subject to the order and directions of the Court,to the payment of the indebtedness secured
lierehy,
('arty of the First Part shall have the right to prepay the Indebtedness secured hereby,without penalty.
Prepayments shall be credited first to interest and penalties.if any.and then to the principal due on mid Note.
That each tight, power. and remedy herein cositcrred upon the Bank is cumulative ot every other —
right or remedy of the Bank whether herein or by law unfurrad and may be enforced concurrently therewith:
that no waiver. express or implied. by the Bank of the pertbrmance of any covenants herein or in said obli-
gation contained.shall thereafter in any manner affect the right of the Bank to require or enforce perfume•
anec of the sane ur any other of said covenants:and m. payment .n advancement by the Bank hereunder
on behalf of the Pany of the First Part shall be deemed a waiver of the breach occurring or of the right to
elect to forecbu this Deed of Trust,and the(cilium of the Bunk to declare the entire indebtedness due and
payable upon the default of any of said tees and conditions stall not.even though such default be repeated,
be construed as a waiver of the right of the Bank to exercise tacit opCnn at any tittle thereafter.and without
notice to the Party of the Pint Pan.
That all of the covenants and agreements herein contained shall extend to and be binding upon the
heirs,executors,legal representatives,successors,and assigns(whether voluntary or involuntary by operation —
of law)of the respective parties hereto.
No persona dull he a thud party beneficiary of any provision of this Trust Deed.
Wheaevel the singular or plural number.Of tee nusculine in feminine or neuter geode,.is used herein.
it shall equally Include the others.
Should any provision of Oh Trust Deed be found to violate the law of the Slate of Colorado.or of the —
United States,such provision shall be deemed to be amended to conform to such law.
IN WITNESS WHEREOF,the said Party of the First Part has hereunto set his hand the day and year first
above written.
X110
Semen E. Iden Lois G. Iden
STATE OF COLORADO
}n.
COUNTY OF Weld
The foregoing instrument was acknowledged before me thld9th day of December ,19 89 ,
by Semen E. Iden and Lois G. Iden
Witness my hand and official and. ,
•
•
•
•
My commission expires 4-13-91 •
.
i140.✓rAP)Uu. 4Mw'J a •cosh. y• 4.
.. . —
No Public . • • Sx.
Karen Maria Jahn •
S 1252 REC 02201078 12/27/89 10:56 020.00 3/004 •
8 0341 MARY ANN YEUERSTEIN CLERK 6 RECORDER WELD CO, CO
SKLD LG 172 . 20 . 16 . 100 WE 2201078-1989 . 003 __
-. B 1252 REC 02201078 /'0/27/89 10356 020.00 4/004 4-4
F 0342 MARY ANN FBIIB. BIB CLERIC & RSC0RDBR WELD CO, CO
ASSIGNMENT OF RENTS
— WIIEREAS,_Rumen R Tdan ani Iola G Tdan hare-fie,
executed and delivered to reelnradn fuari Anal Ranlr - T.nei nont herein
called the Bank,a Promissory Note for S R3,2 90 00 secured by heed of Trust upon the real estate
described in the Deed of Trust preceding this ssignment of Rents executed by the Makers hereof;and
WHEREAS, the undersigned desire further to secure and the said Bank has required as additional and
further security(or the payment of said indebtedness,an assignment of the rents,prutits.and income of said
described real estate,In case of default in the payment of any sums due thereunder.Including taxes and insur-
ance payments,and as further security for the performance of all of the terms and conditionsexpressed in said
Note and Deed of Trust;
NOW,THEREFORE,for and in consideration of the sum of Sl.00 and miter valuable consideration,the
receipt whereof is hereby acknowledged.We undersigned Jo hereby,in case of default in the payment of said
indebtedness or any part thereof or failure to comply with any of the terns and conditions of said Note and
Deed of Trust.assign, transfer and set over unto the said Bank all rents, profits, and Income derived(runt
said premises and from the buildings and improvements thereon,together with all rights of possession with full
and complete authority and right in said Bank to demand,collect,receive,and receipt for such rents,income,
.► and profits,to take possession of said premises without having a receiver appointed therefor,10 rent and manage
the same from time to tune,and to apply the net pro ce ds of such rents.income.and profits from said property
upon said indebtedness until all delinquencies,advances,and the indebtedness worse hereby and by the Wed
of Trust of oven date herewith are paid In WI by tint application of said rents or until title is obtained through
lon:closure or otherwise. .
— A release of said Deed of Trust shall release this Assignment of Rents.
Witness Their hand hob the 199�th day of December I's 89 _
11.24.11.24.444...... tai.. .
STATE.OF COLORADO
COUNTY OF Weld }Ns.
—
The foregoing instrument wet acknowledged before me this 19th day of December '::l a .;;
,_ by Barmen E. Iden and Lois G. Iden n'*;:•;•
: . .... 4"/Alrec a ,
Witness my hand and official seal. 'fl
..• ' , '•. of..9.*,
... My commission expires 4-13-91 /,� • �);
note
Karen Marie Jahn ','.., . '•.•..,:''
r- 9 -
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a k m yi' fa Ili
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.w
—SKLD LG 172 . 20 . 16 . 100 WE 2201078-1989 . 004
Market Pro -Individual Property Description County: WELD
Uwnershlp& Legal
Owner: BRAESCH TERRY A& KATHRYN A
ddress: 12456 COUNTY ROAD 1 LONGMONT 80504-9575 Map Page: R-68 TS-3N Sec-31
Mail: 12456 COUNTY ROAD 1
Tax ID: 0224893 Property ID: 1207-31-0-00-061 Census Tract: 21.00
I Legal: PT N2SW4 31 3 68 BEG AT W4 COR OF SEC THENCE ALG N LN OF SW4 OF SEC N89D25'E 291'TO POB
N89D25'E 672.06'S0D02'E 296.27' S89D25'W 965.19'TO APT ON W LN OF SW4 N0D22'E 146.30
'N89D25'E 291' N0D22'W 150'TO POB
L.
✓aluation &Sales History
I Assessed Value: Total: $723,746 Improved: $451,306 Land: $272,440
past Sales: 2332284-19930503$245,000 Taxes: $4,606
(Property L.haractenstics
Style: RANCH Bldg Area: 2322 Garage: ATTACHED 624 SqFt
uilt: 1974 Exterior: BRICK VENEER Bsmt: 390 SqFt 99 %fin
3edrms: 3 Land: 5.56 Acres Roof: N/A
F-Baths: 3 Fndation: N/A Heat: HOT WATER/ST- N/A
P-Baths: 2 Fireplace: Rooms: 06
I Recent Sales
,L(Jo Recent Sales Shown for this Property
""formation Advantage, Inc. 5401 S. Prince, Littleton, CO 80120 (303)795-1904
roperty information is considered reliable but not guaranteed.
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giR2Y67Y1D Warranty Deed
_ THIS DEED in a conveyance of the teal property described below, including any improvements and other appurtenances (the
'property')from the individual(s),corporation(s),pumership(s),or otherenlity(ies)named below as.GRANTOR.eo the individual(s)
or entity(ies)named below as GRANTEE.
The GRANTOR hereby sells and conveys the property to the GRANTEE and the GRANTOR warrants thetule to the property,except
for(I)the lien of the general property taxes for the year of this deed,which the GRANTEE will pay(2)any easements and rights-of-
way shown of record O) any patent reservations and exceptions (4)any outstanding mineral interests shown of record (5)any
praretive covenanu and restrictions shown of record(6)any additional meatus shown below under'Additional Warranty Exceptions',
and(7)subject)building and zoning regulations.
Me Sped&Tame of TW Deed Are:
Gradm: (Give eamr(a)and pIn(s)of residence;if the spurs of the owner-gnome is joining in this Deed to reline homestead right.Mar*wanton e
... 'babbbdd and wife.)
MARSHA ANN WILLIS AND STEVEN J.SEEWALD,TRUSTEES OF THE JOSEPH J. SEEWALD LOVING
TRUST DATED DECEMBER 27, 1990
Grantee: (Give mne(e)and SNra(ea):samea of address.including available road or sea number.)
TERRY A.BRAESCH AND KATHRYN A.BRAESCH
2467418 B-1522 P-376 12/14/95 11:09A PG 1 OF 2 REC DOC
Weld County a) Clerk & Recorder 11.00
Pam of CWweeeatlp: (B ere are two or more granter reed,they will be considered to take a Wean in common unless the words'l joint
ter'or words of the ate meaning an added in the.pr below.)e
JOINT TENANTS
Papacy Description (laude away and sae.)
SEE ATTACHED EXHIBIT A
"CORRECTION DEED"
This Deed is given only for the purpose of correcting an error made in that Deed recorded May 10, I993.in Book
1382 as Reception
ec wu nNo. Deed remain 33 uncounty Records,wherein an error was made in the name of the Mist. All
other of
Property Address: 12456 WCR I LONGMONT COLORADO, 80504
Coeskietadon: (rho stacmr of a doer amour is optional,adequate coaidratln ear the deed will be pruned unless this conveyance I identified
as s ..10 cue this u absolute,final and unced'arW)
Revratbm►Batrictiom: (if the GRANTOR wends to ranee any interest in the property or to convoy Ins than is owned,or if the GRANTOR is
mainly the GRANTEE'S right u the paperty.mate seproprire indication.)
Additional Warranty Exception': (lolde deeds of mm being assumed and odor minas not covered above.)
SUBJECT TO BUILDING AND ZONING REGULATIONS.
Executed by the Grantor on //11
_ Splay for Cerpantla,PatnerWp or Aaoietfon: ///. fen
•
•.Nasgo4Granger: Coepora on,Parmerabip or Association MARSHA /WS D.4e,„
�/ AU), Grantor
•
._ ;( c,2.p;� OT/1,7). i'i TRUSTEES OF ME JOSEPH I.SEEWAID LOVMG Grantor
'T d i
!\\W a RHwa C Irr ... rt 5 TRUST DATED DECEMBER 27,1990 Grater
in Op COs
STATE OF COLORADO u
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this On, 4°,f(dtrididiemaddl /Af11
By MARSHA ANN WILLIS AND STEVEN 1.SEEWALD,TRUSTEES'OF"rF6 JOSEPH I.SEElVA1D LOVING TRUST DATED
DECEMBER 27,1990 �J �JL
•WITNESS my hand and oifvial y IiebtLy-{UJ,
My eoaabda expires: b-f599 (/// N Public
STATE OF 1221 8TH A GREELEY, CO.
COUNTY OF 3 st
The foregoing instrmment was acknowledged before me this day of
Bye
rand individual Grantor(s)or if Gramm is Corporation.Partaerdap or Association,then identify sianen a,president or vice president and secretary
et minor secretary of corporation;or a partner(s)of parmerhp;or as authorized tenter(s)of emaciation.)
WITNESS my hand aid official seal.
My eoobden aptro: Notary Public
O 1981 UPDATE LEGAL FORMS WCEC No.201-L
SKLD LG 172 .20 . 16 . 100 WE 2467418-1995 . 001
2467418 8-1522 P-376 12/14/95 11:09A PG 2 OF 2
EXHIBIT A TO WARRANTY DEED
DATED:
GRANTOR: MARSHA ANN WILLIS AND STEVEN J. SEEWALD, TRUSTEES OF THE JOSEPH J.
SEEWALD LOVING TRUST DATED DECEMBER 27, 1990
GRANTEE: TERRY A. BRAESCH AND KATHRYN A. BRAESCH
A TRACT OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 3
NORTH, RANGE 68 WEST OP THE 6TH P.M., WELD COUNTY COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST ONE-QUARTER CORNER OF SECTION 31; THENCE ALONG THE
NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 31, NORTH 89 25'40" EAST, -
291.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89025'$0" EAST
672.06 FEET; THENCE SOUTH 00002'35" EAST 296.27 FEET; THENCE SOUTH 89 25'40"
WEST 965.19 FEET TO A POINT ON THE WEST LINE OF ZEE SOUTHWEST QUARTER OF SAID
SECTION 31; THENCE ALONG SAID WEST LINE NORTH 00 22.10" EAST 146.30 FEET;
THENCE NORTH 89025'40"EAST 291.00 FEET; THENCE NORTH 00 22.10" EAST 150.00 -
FEET TO THE POINT OP BEGINNING.
SKLD LG 172 . 20 . 16 . 100 WE 2467418-1995 . 002
' i
I
- AR23322851 k'- B 1382 EEC 02332280 05/10/93 15:27 $10.00 1/002
r F 0946 NARY ANN PEEERSTEIN CLERIC 5 RECORDER WELD CO, CO
--
WARRANTY DEED — -- I .
RECORDER'S STAMP 1 •
THIS DEED Made tots 3rd Jayef May .19 93
iv. HAREM ANN WILLIS AND STEVEN J. SEEWALD, TRUSTEES F
THE J SEEWALD LOVING TRUST DATED DECEMBER 27, 19901 AS 0
AN UNDIVIDED ONE-HALE INTEREST: AND DENNIS ALEN EEWALD
AppSTTRO��AI♦N UNDIVIDED,FgAgryl 102 INTEREST OF AN UNDIVIDED y 1 2 INT EST;
AN UIiDIVIDRO 1f_T fg� DBERIZEis11% TARP STATE DOCUMENTARY FEE
• UNDIVIDED J02 N E T F AN U IVIDSD STEVEN Dow 6-- /0-ft?
JOSEPH SEEWALD, AS TO AN UNDIVIDED 302 OF AN UNDIVIDED 1 2
r 4, SSou�ity of.Weld._State of Colorado, $ .�545'D
Or arty rase an Kat rya macs grantor and
iwl whmelced edJwss is 12456 Weld County Road El, Longmont, Colorado 80504
— d� of the County of Boulder and Stale ofCdpwk,gnawer
WITNESS,that Demented°•(or sad In consideration ofte sum of Two Hundred Potty Flee Thousand
and no/100the __-r_DOSS
the receipt and solMekncy of which is hanby acknowledged.ha ye gamed,bagaad.sold and conveyed,and by these pinatas
do pant Mirada,sell Come,sodcommn onto nit grantees,their heirs ant assigns foresee not in m^a°y in carmen but
.1 k joint tency,all the tal property together with Imyum.cswa If any,alMte,lying mad Wing in the Camay
of Boulder awl Stain of Caoado.described is follows
(See attached Exhibit "A")
RESERVING UNTO GRANTOR MY AND ALL MINERALS AND MINERAL RIGHTS IN, ON OR UNDER '
THE HEREIN DESCRIBED LAND.
also keen by stood and minter as 12456 Weld County Road 111, Longmont, Colorado 80504.
— loGEYNFJt with all and shquly the hemRrssrew and yp°nen°°ms Ihaeunto belonging.or hi anywise appmtakkg,the
amenkn eel rmcil°m,remainder Ind remainders,nods,issues sod yogaWoeof.and all the able,light.tide,Manna,claim end
demand whatsoever of the ganmr;q,either In few°ramify,of,k mid to de abuse bagnipcd remises,with the beredltamenu end •
emmowanon.
TO HAVE AND TO HOLD dm said remises°irons bmgdoed and described,with the appurtenances,vote the grantees,Melilla'',
and assigns brief.And the grantmis).for these°1 via their helm end personal repmanwiws do maces:,
gnat,bargato and acne to and with die geantas,their belts and assigns,the at the that of it.enwOag and delivery of them
pietas well abed edge pianists don conrerd,have•good,sue,perfect.absOlute sail Indefeasible au '
of inheritance,ink*,Wee ample,melba good right,foll poem and lawful authority Menet,bugabt.sell and convey the mime k
— manner and Conn afaeaht,and that dm sea en free and sitar farm ell former sad other gnat,bargains,alts,liens,Imes, '
• assessments,atnodancea and teanimka or whatever kind or nature soarer.cent
i
•a' The gratafs)shell and will WARRANT AND FOREVER DEFEND the abowbargslned peodas le the ON and peaceable •
— pesseak"ofae grates.Heir lain and maims,aping all and every person or poems lwNlty eWakg.Me whetter any pmt
thereof.
I� �frNESSWi • Elite ads)ha (v/ee'' etecuted this deed on the dam et forth l/��j., '
•
• ` .mil Pef[ea //FKdA✓
.' D •1a All- ev pat !e lea rl**•• - even a p $ . COLORADO n a,
m •
__ County*: Boulder * f i •Sag use dated
Secemgar. ,��
•
erknaWodgJbefae no:N. 3rd N I9 93 .
• The ,a~Ai Saralhdd yFLarch M NS11lies/lavaJ sepMhaa ,era11d. Nor Aao`I g�' dam,e[ n in fat ear Qa�rf.c n n$ }nd �at pa M �Ijal1lie and
i� it d•aF�.2 4f a, ooi/hh�,ea erne tees err teia Ssawa a wvlsig Pi'ruet laced '
• • 1117•..,0arts 3-)'19 en Wham my hand and Sinai sal.id y
ve
•H Dem.kmwtTay ant" a
— k
Na.M.lstS.aa. waamry non its kW tto,wti fill
w.+wrv.••:....,,a.sa.••.n.rnma..rw„'n nor-ta 4W
SKLD LG 172 .20 . 16 . 100 WE 2332284-1993 . 001 r
•
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•
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•
• B 1382 REC 02332284 05/10/93 15227 $10.00 2/002
• F 0947 MARY ANN FEDERSTEIW CLERK 4 RECORDER WELD CO, CO
U iUA
•
•rt'BhCI Of WO MUD 18 In 37ann saws aato
____ �I 31 ,33 anAOT
• 1___ IA at 7R r.R..CD tort OOI , —
COMIC=NUM Cntillefat COS Of=V al 9867• 97117011
• LEN Of 41x90!gm.Cr 'W.mi 3y 240'B71'n1.00 Ulf TC
• Ts 4198 Cr CCU,'?WA coca Itl® [d0!91r!673.04 yn?IUD
2 96871 npm 9P CT 341.37 tilt 9Ma g7m1 'd?Wffi'30.19 3EEP
!OA 7oDR at 9s 70C taws 0[ IIMIC'7A3mt 0!31170 ROM 3i1 Ma —
gf09 a ter to 100t0u 07310.30 71Tt 93771110ntl lab s oa 37,f
91010 070! fir Dr 780.00 9C'TO 97 MRCP
•
•
•
2006110 YI'N Pereatted water well 360637 located no Lot 3 of recorded exemption —
number 1207-31-3-11217, being situated in the 60 l!6 of Section 7t, Township 3 North,
Range 66 W of the 6th P.M., Weld County, Colorado, and together with a perpetual
•
easement for emu to said well for purposes of maintenance and repair of said •
well; reserving veto Granter. an easement for purposes of timing, repairing and
maintaining the irrigation ditch currently located on the property being conveyed
•
to Creates.; these easements shall ha perpetual and shall benefit and the
affected lands.
•
71J ,
SKLD LG 172 . 20 . 16 . 100 WE 2332284-1993 . 002
.
AR2332267 B 1282 REC , 12287 05/10/93 15:28 $45.00 39 "j '
F 0956 MART ANN FEDERSTEIN CLERK & RECORDER WELD CO, CO r.
CImIICAL BANK N. A.
C/O CHEMICAL FINANCIA:, SERVICES CORPORATION
250 NEST HURON
CLEVELAND ON 44113
••
•
DEED OF TRUST .
THISDHED OF TRUST b made this 3rd day of NAY ,19 93 ,among theGamar,
TERRY A. BRAESCH AND KATHRYN A. BRAESCH '
therein*Bonowa'),the Public Tine
Iowan County Omd'nmme).
mad the Badkdry,
CHEMICAL BANK N. A.
*commas arganted and
existing coda the laws of THE UNITED STATES or AMERICA ,whose address Ls
C/O C1m1IC1L FINANCIAL WAGa3ENT CORPORATION, P.O. BOX 93715, (herein"Lender').
CLEVELAND OB 44101
• BORROWER,in condderaTon of the Indebtedness bad tend and the ants basin created,irrevocably grants and conveys to
hi suot with power of ale,the followingde located'm the County of
souLDER of Colorado:
•
A TRACT OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 3
NORTH, RANGE 68 WEST OF THE 6TH P.M., WELD COUNTY COLORADO, BEING MORE PARTIC-
GLARY DESCRIBED AS FOLLOWS: COMMENCING AT THE NEST ONE-QUARTER CORNER OP
SECTION 31; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 31,NORTH 89
•
NORTH 69•25'40° 25' 40' EAST EAST 672.06 FEET; THENCE SOUTH 00.00 FEET TO THE 60235' EAST OF 1NNING;296.27 FEET; THENCE SOUTH
89°25'40° NEST 965.19 FEET TO A POINTN THE WEST LINE OF
SECTION 31; THENCE ALONG SAID EST LINE 00622'105 EAST 146.30 0 FEET; THENCE NORTH 89'2540' EAST 291.00 FEET; TIERCE NORTH 0022'19' EAST 150.00 FEET TO THE POINT OF
BEGINNING.
tagaar nets Ptaitted war w11 1a/77 legated on let a
etteweaee eagpetw taker :aer-alto•Sash. being.limo' in
the SW Le ed Seet4.at T. 7 N. ease es N es the eta P.m..
said . said
awl tegeatr ata a tugaYal i aert ter
tosses to Yid w13 ter eetpeeee es maintenance eat repels id
said veil; eeeani unto crofters as ascent roe purposes et
seine, repairing ant w1.telnl.p the irrigation inttt currently
losatisa es Ow Yaeewte W11 property bltl sa.tel l to Ya lid ha there W•
ise samba.
lacer. b perpetual and mall AYadit sad Imams um
which ha the Mims Of 12456 MELD COUNTY ROAD 1 LOEWE? . ..
p.asa jaal
�>«+� 00504 (herein"Property Addren"):
TOGETHER with all the improvements now or haeeRa erected on the property,and a0 summits,rights,tppmtenmca and
rats(subject however to the rights and authorida given hada to Lerch to collect and mply such rents),all of which:ball be
deemed to be and man a pen of the property covered by this Deed of That and all of the foregoing,together with said property(or
the leasehold ease if this Deed of That b on a leasehold)are herebaau attend to as the"Progeny";
TO SECURE to Leader the repayment of the indeeedrca evidenced by Borrower's note dated NAY 3 1993 •
and extensions and renewals thereof(herein "Note'),in the piodpal mm of
US.S36,750.00 with interest thereon,providing for monthly=Omens of principal ad b era with the Whom '
of the bdebtednes,if not sooner paid,due and payable on NAY 3 2008 ;the payment
— of all other sums,with issues thereon,advanced in accordance herewith to protect the security of this Deed of Trust and the
palmate of the corneae aid ago:anew of Borrower herein contained.
Borrower covenants that Borrower is lawfully seised of the awe hereby conveyed and has the right to grant end convey der
Property,and that to Pepe"is unalwmbered except for eeumb:aw of read Bartow covenants that Borrower warms and
_ will defend generally the title to the Property ageine all claims and demands,subject to encumbrances of record.
UNIFORM COVENANTS.BotDRtr AM Lee covenant and agree a follows
1.PaymatofPAbdpalandInferat Borrower shall promptly pry when due the principal and intense indebtedness
evidenced by theNote aid Late charges as provided Le the Note.
2.Funds to Tamnaad Insurance. Subject to applicable law or a written waiver by Lender,Baron arm pay to Leader as
- the day monthly payments of principal and inapt sa payable under the Nom,end the Note Is paid In futt,a am(herd"Fads")
equal to one•twelf h of the yearly aka and manta(including condominium and damned unit developmentmamnsro,loamy)
• which may attain priority ova this Dad of'rust,end gmtmd rats on the Property,if any,plos one-twelfth of yeasty swim
• bststhmena for hared iamance,ploy one•nrelf t of yerly premium ietsBments for mortgage bahrence,if any,all a asmsiy
- estimated initially ad from dme to tee by Lander on the beds of Sae mhaa and hills and reasonable adman thereof.Byron
shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the holder of a
prior mortgage of bust if nth holderis an ineimtoal lender.
•
•
COLORADO-SECOND MORTGAGE•1H0-FNNAIFHLNC UNIFORM INSTRUMENT
r.s.taa _ _ JJ
SKLD LG 172 . 20 . 16 . 100 WE 2332287-1993 . 001 wa•(�-
• if Borrower pays Funde to[alder,the Funds shall be held in an bWotion the deposits or accounts of which at insured or
guoraoteed by a Federal or stare agency(including Lender U Lender is such an institution).Lander shall apply the Funds to pay said
taxa,assesnnena,instance premiums and ground rents.lender may not charge for so holding and applying the Fads,analysing
said account or verifying and compiling said assessments and bills,unless Lender pays Borrower interest on the Funds and applicable
law permits Lender to make side a duugo.Borrower aid(fader may agree in writing at the time of execution of this Deed of Trust
that interest on the Fends shall be paid to Borrower,and unless such agreanent is made or applicable law requires such interest to be
paid,Leader shall not be required to pay Borrower any buns or earnings on the Funds.Leader 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 smutty forth sums secured by this Deed of Trust
If the amount of the Funds bold by Lender,together with the future monthly installments of Funds payable prix to the due data
of her,asxnnter s, insurance premiums and ground rens.shall tweed the mount required to pay said taxes,asthma
insurance premiums and pound rents as they fall due,such excess shall be,at Borrower's option,either promptly repaid to Borrower
• or credited to Borrower on monthly instalments of Funds U the amount of the Funds held by Lender shall not be sulfide[to pay
taxes eseumaes,Insurance premiums and ground rent as they fall due,Borrower shall pay to Lender any amount necessary to
rata up the deficiency in one or more payments as lender may require.
Upon payment in full of all sums secant by this Deed of Thw.Lerida shell promptly refund to Borrower any Funds bid by —
Leader.If under pasgsaph 17 hereof the Property is sold or the Property is otherwise acquired by Lender,Lender shall apply,whim
than immediately ediatiy prim o IM sale of to Property or its acquisition by Larder,any Funds held by Lenders des Se of application
credit against the sums seemed by this Deed of That
S Application of fhyumbt Unless applicable law provides otherwise,all payments received by Lender under the Note and
paragraphs I and 2 hereof*Abe applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 '
haeof,then to interest payabbon the Note,and that to theprircipt of the Note.
4.Prim himtgagm and Duds of Trust;Charge;Leas Borrower shag perform all of Borrower's obligations under any
mortgage,deed of tent or other satiny agreement with a lien which has priority ova this Deed of Tea,including Borrower's
covenants to make payments when due.Borrower shall pay or come to he paid all taxes,assessor=ad other charges,fine ad —
si impositions atmbuable to Be Property which may attain a priority ova this Deed of That,and leasehold payments or ground tent,if
anal
1 S.Bayard Insurance. Borrower shall keep the hnprovernats now exiting or hael'W erected on the Property hard against
loss by fire,hazards included within the term "extended coverage",and such other hands as Leader may require and in such• amounts d for such periods a fender may requir .
a e
The insurance wrier providing the insurance shall be chosen by Borrower subject to approval by fader,provided,that such
t approval shall not be unrenanably withheld.MI insurance policies and renewals thereof shall be inform acceptable to Leader and
tall include a standard mortgage clause in favor of and b a farm acceptable to Lender.Lauder shall have the right to hold theta tties
and renewals terms,subject to the terms of any mortgage,deed of mast or other security agreement with a lien which has priority —
over this Deed of Tout
In the meat of loss,Borrower shag give prompt notice to the insurance cattier and Lender.[ender may make proof of loss if not
madeprompdy by Borrower.
Ifthe Property is abandoned by Borrower,or if Borrower fails to respond to fader within 30 days from the date notice is waled _
by Leader to Borrower that the insurance carrier offers to mule a claim for insurance benefits,Leader is authorized to collect and
apply the insurance proceeds at lender's option either to restoration or repair of the P operty or to the sums secured by this Deed of
Trim. •
6.Preservation and Mahatmace of Property;Leaseholds;Condominiums;Planed Unit Development Borrower SD
keep the Property in good repair and shall not coramt waste or permit impairment or deterioration of the Property and shall comply —
with the provisions of any lease if this Deed of Trust k on a leasehold.If this Deed of Trust is meant in a condominim or a
planned unit deb iopmenr. Borrower shall perform all of Borrower's obligations under the declarations or covenants attune or
• governing the condominium or planned unit development, the by-laws and regulations of the condominium or planned unit
development,and constituent documents.
7.Protection attendee's Security, If Borrow fees to perform the covenants and agrcanma contained in this Deed of Tent,
or if any action or proceeding is commenced which materially affects Lender's interest in the Property,than Lander,at Lender's '
option,upm notice to Borrower,may male such"panacea disburse such mans,including reasonable attorneys'fees,and take ash
action as if necessary to protect Lender's interest.If Late required mortgage insurance as a cmdhion of making the loan Eared by
this Deed of Trust,Borrower shall pay the premium required to maintain such insurance in effect until such time as the requirement
• for such insurance terminates in accordance with Borrower's and Lada's written agreement or applicable law.
Any amounts disbursed by Lauder pursuant to this paragraph 7,with interest thereon,at the Note rate,shall become addirimal
indebtedness of Borrower secured by this Deed of Trost Unless Borrower and Lander agree to other tams of payment,such amounts
shall be payable upon notice from Leader to Borrower requesting payment thereof.Nothing contained in this paragraph 7 shall require
Lade to incur any expense or take any action hereunder. —
I.Iaspeellon.Lender may make or cause to be made reasonable entries upon and inspections of the Property,provided that
Lender sal give Borrower notice prior to any such inspection specifying reasonable cause therefor related to[ado's interest in the
• Property.
9.Condonation. The proceeds of any award or claim for damages, direct or consequential, to connection with any _
condemnation or other coking of Be Property.or part thereof,or for conveyance in lieu of condemnation,are hereby assigned and
_ shall be paid to fader,subject to the ems of any mortgage,deed of mum or other security agreement with a lien which has apriority
over this Deed of Trust
Ip.Sommer Not Released;Forbearance By Leader Not a Wawa. Extension of the time for payment or modification of •
amortization of the arm secured by this Deed of Trust granted by Leader to any successor in interest of Borrower shall not operate to —
release,in any manta,the liability of the original Borrower and Borrower's successors in interest Leda shall not be required to
commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the suns
• seared by this Deed of Trust by mason of any demand made by the original Borrower and Borrower's wccaaors in interest Any
forbearance by Leader in exercising any right or remedy hereunder,or otherwise afforded by applicable law,shall not be a waiver of
or preclude the encase of any such right or remedy. —
IL Samson and Assigns Bound;Joint and Several Lability;Co-signers.The covenants and agreerneau herein contained
shall bind,and the rights hereunder shall inure to,the respective successors and assigns of lender and Borrower,subject to the
provisions of paragraph 16 hereof.All covenants and agreements of Borrower shall be joint and several.Any Borrower who co-signs
this Deed of Trust,but does not execute the Note,(a)is co-signing this Deed of That only to grant ad convey that Borrower's
• interest in the Property to Trustee under the terms of this Deed of Trust,(b)is not personally liable on the Note or under this Dad of Trost,sad and(e)agrees that Lauder and any other Borrower hereunder may agree to extend,modify,fotbm,or make any ether
accommodations with regard to the terms of dais Deed of Truster the Note,wahcut that Borrower's consent and without releasing that
Borrower or modifying this Deed of Trust as xm that Borrower's interest in the Property.
B 1382 AEC 02332287 05/10/93 15:28 $45.00 2/009p_pn —
'SKLD LG 172 .20 . 16 . 100 WE 2332287-1993 . 002
• Ii Notice. Eacegt for any notice required under applicable law to be given in another manner,(a)any notice to Borrows
• provided for in this Deed otTmst shell be given by delivering it or by mailing suck notice by aerated mall addressed to Borrower at
— the Property Address a at rock other address as Borrower may designate by nolice to Lander as provided herein,and(b)ay notice to
Lender shall be given by centred mall to Leader's address stated herein or to such other address as Lando 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 Bomar or
Lender whea given In the manna designated herein.
13.GevmNog Law;derivability. The non and local laws applicable to this Deed of trust shall be the laws of thejuriadetion
in which the Property is located.The foregoing sentence shall not limit the applicability of Federal law to this Deed of Trust.In the .
event that any provision or clause of this Deed of Tont or the Note conflicts with applicable law,such conflict shall not affect other
provisions of this Deed of Taut or the Nob which can be hire'effect without the conflicting provision,and to this end the provisions
of this Deed of Trust and the Note we declared to be severable.As used herein,"costs","expenses"and"attorney?fees"include
all nuns to the extent notprobibiad by applicable law a limited knelt
14.Borrower's Copy. Borrower shall be Writhed a conformed copy of the Note and this Deed of Most at the time of
caulk.aaller madam m hereof.
IS.Rehahlllatlun tame Agreement llama shag futff0 all of Borrower's obligations under any home rehabilitation,
Improvement,repair,a aka loan agreement which Baron enters ion with Lauder.Lender,at Lender's option,may require
Baron to execute and deliver to Lander,ins a fain acceptable to Lander,an assignment of any rights,claims or defense which
Baron may have against metier who supply bbor,materials ovarian in connection with Improvements made to the Property.
•
IL Tian*,ofthe Property or a Benefkinl Interest in Borrower. If all or any pan of the Property or any interest ink is
sold or tmvfewed(a V a ha:fa:iad barest In Borrower Is and a transferred and Borrower 6 not nauaf person)without larder's
prior writta anent, lender may,at its option,require immediate payment In full of all sums secured by this Deed of Huse
However,this option shell not be exercised by Larder if exercise is prohibited by federal law as of the date of this Deed of Trot
If larder mach=this myna,Lander shall give Borrower notice of acaldaia.The notice shall provide a period of not less
• than 30 days from the dam as notice is delivered or mailed within with Baron must pay all sums secured by this Deed of That.
If Borrower fails to pay tom m m the expiration of this period,Lender may invoke any remedies permitted by this Dad of
' Dust without father notice a demand on Borrower.
NONUNIFORM COVEENANTS.Borrower and Leader lurther covenant and agrees follon
17.Moderation;Rio t Baept as provided In paragraph 16 hereof,upon Borrower's breach of any covenant or
agreement of Borrower in tits Deed of Trust,mcludmg the covenants to pay when due any sums secured by this Deed of
Trust,Leader prior to aorelerata shall give soda to Borrows as provided Is paragraph 12 hereof sped lug: (1)the
1 breach;(2)the action required to arc such breach;(3)a data,not Ins than 20 days from the dam the notice Is mailed to
Borrower,by which such bract must be cared;and(4)that failure to cure such breach on or before the date apedlled In the
node.may resettle aceekradoa at the sums secured by this Deed of Trust and ale of the Property.The notice shag firmer
- inform Borrower of the right to relegate after aealeratlon and the right to befog a murt action to assert the wonarlamoe sofa
default or any other defense of Borrower to acceleration and sale.If the breach is sot cared an or before the date specified In
the notice,Lender,at Lender's option,may declare all of the sums secured by this Deed of Trust to be immediately dun and
payable without fmtmer demand sad may invoke the power of ale and any other remedies permitted by applicable law.
Leader shall be entitled to collect ad reasonable cats and expense Incurred in pursuing the remedies provided m this
paragraph 17,mdadmg,but not limited to,reasonable attorneys'fees.
If Lender Invokes the power of sale,Lender shall give written notice to Trustee of the occurrence M a event of default
and of Lender's election to muse the Property to be sold.Lender shall mail a copy of such notice to Borrower as provided le
• paragraph 12 hereof.Trustee shall record a copy ofsuch notice m the county in which the Property b located.Trask*shall
publish a notice of ate for the thee and In the manner provided by applicable law and shall mail conies of such notice ofsole
I the manner prescribed by applicable law to Borrower and to the other persons prescribed by applicable law.After the bpi
of such time as may be required by applicable law,Trustee,without demand on Borrower,shall sen the Property at piddle
auction to the*bat bidder for cash al the Sae and place ad Ender the terms designated in the nonce Male in one or more
- pads and m each order As Trustee may determine TYutte,may postpone sale of all or any parcel of the Property by pubic ,
awacement at the time and piece of any previously acheduld ale.Lender or Leader's designee may Frame the property
e t any sale.
Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the dote when the purchaser will
' be entitled to Trustee's dad throb.The recitab in Trustee's deed troll be prima fade evidence ofthe troth of the statements
made therein.Trades Ad apply the proceeds ofthe sale he the following order:(a)to all reasonable cogs and messes ofthe
• sale including,bat not limited to,reasonable Trustee's and attorneys'fees and cab of rte adage;(b)to all same secured
by this Deed of Trust;and(r)the excess,ram,to the person or persons legally entitled theeto.
18.Borrower's Right to Reinstate, Notwktnading Lender's accelaaion of the sums mewed by this Deed of Tout due to
- Borrower's brash,Boston shall have the right to have any proceedings begun by Leader to•:face this Deed of Trust discontinued
• at any time prior to the earlier to occur of CO the Mb day before sale of the Property pursuant to the power of sale contained hi this
Deed MTnut or fd)entry of a judgment enforcing this Deed of Tan if:(a)Baron pays Leader all nuns which would be than due
under this Deed of hot and the Note had no acceleration occurred;(b)Borrower cores all breaches of any other covenants or
— ' agreements of Borrower contained in this Deed of Tug;(c)Borrower pays all reasonable expenses incurred by lender and Trustee ta
enforcing the covwnir and agreements of Borrower contained in this Deed of Tors,and in enforcing Lender's and Trustee's
remedies as provided in paragraph 17 hereof,including,but not limited to,mamba attorneys'fees and Trustee's expose and
withdrawal fee and(d)Borrow takes such action as Lender may reasonably require to aurae that the lien of this Deed of Trust.
• Leader's interest in the Property and Borrower's obligation to pay the awns secured by this Deed of That shall continue unbelted. •
Upon nth payment ad cure by Borrower,this Deed of Trust and the obligations secured hereby shall remain in full force and effect
as if no acceleration had occurred.
19.nasipmeat MRenu;Appointment of Receiver.Leader in Paawimn. As additional security hereunder, Borrower
hereby assigns to Lender the rents of the Property,provided that Borrower Wall,prior to acaJaadun under paragraph 17 hereof or
. abandonment of the Property,have the right to collect and retail such:vas as they become due and payable.
Upon acceleatbn ender paragraph 17 hereof or abandonment of die Property,Lender,In pains,by agent or by judicially
appointed receiver shall be entitled to toter upon,take possession of and manage the Property and to collet the rents of the Property '
including those pa due.All Taus collected by Fader or the receiver shall be applied fest to payment of the coos of maagmat of
the Property and collection of rents,including,but not limited to,recelv&s foes,partition on receiver's bonds ad namable
aaneys'fees,and torn to the ems seared by ibis Deed of lase Lauder and the receiver shall be liable to account only for Lhasa
kegs actually received. iTn"
a 1382 DEC 02332287 05/10/93 15:28 $45.00 3/009 a z0(
SKLD LG 172 . 20 . 16 . 100 WE 2332287-1993 . 003 �F �+[l
^` i\ , —
20.Release. Upon payment of a0 sent mow by this Deed of Timer,latter shall request Trustee to relent this Deed of Um —":
. and shall- Deed of prodf produce
r Trustee fun6er�=ceded ill min evidencing indebtedness waned by this Deed of Trust 7hMee shall mlae this -¢
inquiry m IWs w liability.Borrower SE pay aB cow of recordation,if any,and shaft prey theaaty 3 —
Trustee's of tom.
21.Wake of Homedad. Borrower hereby wake all right afhorrreaead eamrptionmthe Pmpety. ?
i
H 1382 EEC 02332287 05/10/93 15:28 $45.00 4 '009 '.4
• F 0959 MARY ANN FEUEESTEFN CLERK & RECORDER MELD CO, CO
•
1 .
REQUEST FOR NOTICE OF DEFAULT
AND FORECLOSURE UNDER SUPERIOR
MORTGAGES OR DEEDS OF TRUST :!
Borrower and haler request tier holder of tw
any m au8+ge,deed of amt or other ecurabrmen with a lien which has priority over i _
this Deed of Tom to give Notice to laser,at Trent's addles set forth on page one of this Deed of Tent,of any default under the
replier and of any ale or other forecl sureaction.
IN WITNESS WHEREOF,Bm on has eaeeoad this Deed of .
Y BRAESCH -Renown —
I.
KATHRYN A sai .natant
,
f
timwe,
—
(3010 :
•Bann I.
STATE OF COLORADO, BOULDER County
ER —
The torit$Stuns"3 wimowkdlled before me this day of c\ne....‘ • i
4 NOTA la °
TYWa +ap m Wind official seal. _
• +:�oco.�'� , Namy.aa
•
Oil Below TS LS Rend Foe-lade ad Ra.adn)
•
•
.SKLD LG 172 .20 . 16 . 100 WE 2332287-1993 . 004 •
_ s•
•
8 2382 NEC 02332287 05/10/93 15:28 $45.00 5/009
F 0960 MARY ANN FEUERSTEIN CLERK i RECORDER WELD CO, CO •
•
LEGAL DESCRIPTION
•
•
•
A TRACT OF LAND SITUATED 314 THE SCUISIET WARIER OF SECTION n, ICCI4SRIP 3 r ,•'
_ tam, RANGE 68 WHET OF THE 6111 P.M., WELD COUNTY COLORADO, BEING MORE PAKTICULARY
CESCRIBED AS FOLI0PE: • •
••
CCWIENCING AT !101 MT ONE-WARIER CORNER OF =TON Al; THENCE AIM '!tom NORM• Lt7E OF THE SCSat51ET QUARTER MIT CH N 31, N0[f1 895'40" FAST 291.00 FwT TO
_ THE POINT OF Moamar mar T11etiCE CON173Nt DC ME 89"25'40" FA 672.06 FEET Flat
TRENCH SCUM Or 02'35" an 296.27 FEW M CB SCUSCUM89ST!25'40" WEST 965.19 MET
TO A POta! ON MIS WET 1216 OE THE SWDMNET QUM= OF SAID SECTION 31:1 THEME
ALONG SAID war LIN3 :It�{IIi OQ"22'10" BAST 146.30 nun TIME NO= 89'25'40" EMT
291.00 FEST, =CB NMI 00'"22'10" FAST 150.00 FEET TO THE rota! OF ;
•
together with Pe2aitted pater well 140637 located on Lot S
• of recorded exemption number 1207-31-3148217, being situtaNted in
• SW 1/4 of Settles 3l, T. 2 N. Stange 66 W of the 6th ;P.N.,
We d County, Cbloisado, and together with a perpetual eaaebent for `4
a ass to said wall for purposes of maintenance and repair of
sad well; resewing unto Grantors an easement for purposes of
us ng, repairing and maintaining the irrigation ditch currently
— • to ated on the property being oonveyad to @ranters; these
ea agents shall beperpetual and shall benefit and burden the {
of acted lands. f•
•
•
•
•
•
•
•
•
•
•
•
z.
SKLD LG 172 .20 . 16 . 100 WE 2332287-1993 . 005
B 138 EC, 02332287 05/10/93 15:28 • �
, 6 '
• P 0961 NARY ANN FEIIERSTEIN CLERKS RECORDER VELD CO, CO
•CBDIICAL BMOC N. A.
C/O CBBNICAL !TRANC AL BERVICBB CORPORATION -
250 MAT BORON
CLEVELAND ON 44113 •
•
•
•
COLORADO•SECOND MORTGAGE
•
RIDER TO DEED OF TRUST -
llda lea kiderb the Der otlfosWed MY 3 .19 93 wow —
TERRY I A. BRUM AND KATHRYN A. WENCH
•
N Q PUBLIC TRUSTBB OP BOULDER '
COUNTY Oka).
Brower and Leader farther covenant and epee as follow —
22. EFFECT OFT IS RIDER
Bottom andaatr dnls diet this Rider is a pan of this Deed of Dm and that it may change a add to any promises or
a reemant coeWned in this Deed of Thin or any other Rider to this Deed of Trust.Whenever the tam n.S_.and • _
promises oonWoed in the printed portion of,a any other Rider to,this Deed of Tat differ or sr in coefin with this
Rides the provisirs of this Rider will conooL •
•
a SUMS SECURED
The Indebmdnem'ma'Ours'raced to b the fourth mmmberad pn epaph of this Dad of Tout and regaled to =; —
elsewbae it tills Deed of Tort dish be defined alums Securer and shall further include all sums payable ceder any of
• the provisions of this Deed of Tun.
24. BORROWER'S RIGHT TO CONVEY THE PROPERTY AIM BORROWER'S OBLIGATION TO DEBEm
OWNERSHIP OF THE PROPERTY
The fifth mmmobeeed p_apaph of this Deed of lies is deleted end replaced with the following:
•
Baton moor that Baum is the lawful owner of the Property and ha the tight to grant and movey the Asperity
and thr die Property is—mwmhaed,except for=umbram.et ramrd and be this Deed of Tut madmen a valid Um —
m the Fmperty,subject only to the pier Deed of Dust id a hied in Covalent 41 henna Borrower warns end will defer
generally Sedde to thePrprty MSS claims end demands,subject to any encumbrances of word.
25. FUNDS FOR TAXES AND INSURANCE _
The following mhpraper is added to Covenant 2 of this Deed of That
Lemke hceby waives the midtowns of Covalent 2 of this Deal of Tea.Leader,however.specifically nerves b MIT
•
and to its an.taaa and aeiga the right to Sat*canal this waiver at any time and[reopen Mtn and skits
the aid requirements of Coveoat2 of this Dad of Tns. —
a APPLICATION OF PAYMENTS
The mnaf Comsat 3 of this Deed at Tat is det)ed and replaced with the foliowbp
Unless the law mires otherwise,Lender will apply each of Bonower'c payments under the Nom end mdse this Dad of —
mist in the following order and for the following purposes
Lgr4 bestows payable under Covenmt2
Menu%paymans made by Lender to protect is lien under this Deed of Tau —
*autopsy butts don
Drib pry pnmryel duo
NM I° We Curse due ender the Note and •
Last.to pay any other amount due under the Nom end this Deed of Truss.
• However,Linde ho the right to change the order in whkh Borneo's payments are applied,if it so etecs.
27. BORROWER'S OBLI;ATIONS TO DELIVER RECEIPTS TO LENDER; LENDER'S RIGHT TO MAKE
PAYMENTS
Tie following%ipoaptppb is added to Clamant of this Deed of TUN:
•
Brower will deliver to Lender any receipts Borrower receives for the payment of all tam,assamoenu,and other dirges,
fines and impositions within lea(t0)days after Dada mgn ms these receipts.If Borrower does not deliver these receipt _
air Lender's tcqutau leader nay at these necessary payments a provided in Covenant?of this Deed of Ten
Pagel ell
*lame drat) ateaecnr WEN rIan.wa.-Orsrm+ta.($00)m4we a CO Oran —
SKLD LG 172 .20 . 16 . 100 WE 2332287-1993 . 006 •
L / B 1382 REC 023ri7 05/10/93 15s28 645.00 7/0\
• F 0962 NARY ANN €EUERSTEIN CLERK RECORDER WELD CO, l..
•2& HAZARD OR PROPERTY INSURANCE
The third and fourth unnumbered subparagraphs of Covenant S of this Deed of Trust are deleted and replaced with the
following:
If Leader requires,Brow shall promptly give to Lender all receipts of paid premiums and renewal nottsea.If Borrower
•
fails to tannin coverage dented above,Lender may,at leader's option,obtain coverage to protect Lender's rights in the
Property in accordance with Covenant 7.1n the event of loss.Borrow shell give prompt notice to the insurance rot
Leader.Lender may make proof of loss if not ma a promptly by Borrower.
The amount paid by the Insurance company is called 'procaede Lade may,at its option and on Borrower's behalf
(0 make moat of loss to the insurance company,(0 adjust and compromise any claims under the insurance,(ii)Sive
releases or'equinoxes to the inseam company in correction with a senhenmt of any claim for insurance proceeds,and
(iv)collect and receive the insurance proceeds.Borrower appoints tads as its atrrmy.in•fact to do the things deleted in
the let totem,which appointment Borrower understands cannot be revoked by Borrower until the Sums Secured by this
Dad of That have been fully paid.Bonet fuller understands that Lent's appointment as Borrow's atoroey-in•faa
— . is Irrevocable and coupled with an interest, with full power of subsdmdon,aid shall not be affected by Borrowers
subsequent disability or incompetence.Leader,at its option may use the proceeds to reduce the Sums Secured by Ode Deed
of Tent(wheha or not repairs have been made by Borrower),or Lender may release the proceeds(or any pat of the
• proceeds)to Borrower to pay for the repair or restoration of the damaged property.Each inure company earned is
•
hereby authorized and directed to pay such proceeds directly to Larder instead of jointly to Borrow and Landa.
Unless Leda and Borrow otherwise agree in writing,any application of proceeds to principal shall not aead or
postpone the due date of the monthly payments referred bin Covenant l or lunge the amount of the payments.If under
Covenant 17 the Property is acquired by Lender,Borrower's right to any insurance policies and proceeds resulting from
damage to the Property prior to the acquisition shall pass to Lender to the extent of the Sums Secured by this Deed of Tot
immediately prior q the acquisition.
•
Borrower will not allow any condition to exist on the Poperty which would,in any way,invalidate the inmate on the •
Huperty.
29. PROTECTION OF LENDER'S BIGHTS IN THE PROPERTY
Thetas of Covalent 7 of this Deed ofTrust is deleted and replaced with the following: •
.
IfBarrow fails to perform the coverts and agreements=mined in this Deed ofTnW,or there balked proceeding Ora
may significantly affect Lender's rights in the p 1perty(such ass proceeding in bankruptcy,probes,for castration or
forfeiture of to enforce laws or regulations).then Lent, upon notice to Brower,may do and pay for whatever is
tear to protect the value of the Property and Lender's rights in the Property.Loch's actions may include paying any
— • sums secured by a Berm which has priority over this Deed of Trot,appearing in court,paying reasonable attorneys'fees and
•
tering on the Property to make repairs.Although Larder may take action under this Covenant 7,Lender does not have to
• do sty
Any amounts disband by Lender under this Covenant 7 shall become additional debt of Borrower seared by this Deed of
•
Tut.Wen Borrower lad Lender agree to other terms of payment,Omae amounts shall bar interest from the date of
disbtfmma the Note ne and shall bepayable,with interest upon notice from Lender to Borrow requesting payment.
•
30. CONDEMNATION
— The following sibpaiagrapin is added to Covenant 9 of this Deed of Trust •
The right to such proceeds and the use of such proceds shall be governed by,and applied in accordance with,the
provisions of Covenant 28 of this Rider as if such proceeds were hazard or properly hnmmceproceeds.
31. NO CONFORMED COPY
Covenant 14 of this Deed of Test is deleted.
32. DUE ON FURTHER ENCUMBRANCE
— • 7a tenor Covenant 16o[this Deed ot Trust 6 deleted and repisaWtO dwmfollowing:
If Borrower set,pandas or further asunbas all or any pan of the Pretty or m interrs therein,a allows an imam
•
• therein to be obtained by a third party,without Lender's prior written aaa6 lender may deer all of the mains teased
•
by this Deed of Thin to be immediately due and payable.
•
33. LENDER'S RIGHTS IF BORROWER FAILS TO KEEP PROMISES AND AGREEMENTS
The rut subparagraph of Covenant 17 of this Deed of Test is deleted and replaced with the following:
Upon a default of at least ten(10)days demon consisting only of Borrow's feilme to nuke a required payment,It,
prior to accelerate,shall give notice to Borrower specifying:(1)the vane,address end telephone member of the Lander to
which payment is to be teach(2)1 brief identification of die audit t unction:(3)the Borrower's tight lo eon Ube Malt
and(4)the amount that must be paid and the date by which payment must be made to cure dedefaOL
•
Upon Borrower's failure to cure the payment default on or before the date specified in the notice,or upon Batowets
• breach of any covenant or agreement of Borrower in this Deed of Trust,including any subsequent failure within 12 months
of said notice to mike a required payment or in any simultaneous or subsequent agreement between Borrower and Lads •
•
relating to this transaction,Lender,at Lender's option,may declare 41 of the Sums Secured by this Deed of Innate be
immediately do and payable without notice or demand and may invoke the power of sale herein granted and any other
• re nedies panned by applicable low.Lender shall be entitled to collect all reasonable costs and wanes incurred it
•• pursuing the remedies rovided in this npit I7,re ore at not limited q,reasonable attorneys'fees, sgal,
•
and cost ddoamanmY evidence,abstracts and ttkrapcuts. ,./��/ ,
SKLD LG 172 .20 . 16 . 100 WE 2332287-1993 . 007 eO°"'
B 1382 REC 02337 05/10/93 15:28 815.00 8/001x'
` f F 0963 NARY ANN n..JERSTBIN CLERK & RECORDER WELD CO, CO 141.111
• '•34. BORROWER'S RIGHT TO REINSTATE
The following seance 6 added to the text of Covenant IS,at the ad thereof:
However,this right to reinstate shall not apply in the case of acceleration under Covenant I6
35. ASSIGNMENT OF RENTS • —
The text of Covenant 19 of this Deed of That is deleted and replaced with the following
•
As eddidooa1 security he amda,Borrower hereby assigns to Lender the Rats of the Property,provided that Baron shall,
• prior to default beramderWWve the right to miketand retain such rents as they become due and payable.
Upon default hereunder,lender,in pass,by agent or by judicially appointed receiver shall be coda's('to enter upon,tale
• po&-sine of and manage the Property and/or to collect the rata of the Property including those past due.All race coketed
by Lender or the receiver shall be applied font to payment of the costs of management of the Property and colleeta of
a including,but not limited to,receiver's fees,premiums on receiver's bonds and reasonable atomeys'fees,and tan to
the Sums Secured by this Deed of That Larder and the receiver shell be liable to azoont only for those rents actually
received.Borrower gives Larder the right to have a receiver appointed,whether or not the value of the Property is worth
man than tbe amount Borrower owes on this Deed of Trot
36. LEGISLATION AFFECIDVG LENDER'S RIGHTS —
If amcmnem or eapbnden of applicable laws has the effect of rendering any provision of the Note or this Deed of That
unenforceable according to its tans,Lade,at its option,may require Immediate Payment In Full of all Sums Secured by
this Deed When and may invoke any remedies permitted by Covenant 17.
•
37. DEFENSE OF LENDER'S RIGHTS
If Laths he to defend its rights under the Note and this Deed of Trust(including power of sale),then any money Lender
has to pay to defend its rights shall be added to the amount Borrower owes Lender.Deflower understands that Larder may
ask an gamey to invoke the power of We granted by this Deed of Trot,te collect money Borrower owes wider the Note
and this Deed of Trust,or to enforce any of the promises Borrower he made,and that his fees and man are included in the
money phis hums Borrower will have to pay under the terms of this Covenant Borrower shall pay this money promptly,at
Leader's request.
38. ADDITIONAL CHARGES •—
•
Borower spew to pay all reasonable charges in connection with the servicing of this loan including,but not limited to,
.• ablating fax searhes and bills In processing insurance loss payments,ownership transfers,telasm,easanats,moms,
• extensions,meditations,apecW agreements,wigne srn,reduction certificates and release of this Deed of Thin.
39. SALE OF NOTE;CHANGE OF LOAN SERVICER —
The Note or a patio]interest in the Note(together with this Deed of Tnm°may he sold one or more lima without node:to
Borrower.If there is a change of the Loan Services,Borrower will he given wit notice of the change.If this Deed of
• Teat is assigned by the Lender.all or any portion of this Rider may,at the option of the Leader or the assignee,be deemed
null and void. • -
40. HAZARDOUS SUBSTANCES ..
Borrower skill not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the •
Property.Bonowa shag not do,nor allow anyone else to do,anything affecting the Property that is in violation of any
Environmental Law.The preceding two sentences shall not apply to the presence,use,or storage on the Property of anal
quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
maintenance of the Property.As used in this Covenant 40 'Environmental Law' means federal laws and laws of the
jurisdiction where the Property is located that related to health,safety or environmental protection.
41. DESCRIPTION OF PRIOR DEED OF TRUST;NO FUTURE ADVANCES
0 0, She Property is subjects() an existing Deed of Truss, dated , among the
Borrower,
(the'Existing Trustee')and AMERICAN WESTERN MORTGAGE COMPANY .`
(the "Existing Leader'),recorded in Book ,Page in the Office of the Recorder of
County, Colorado (the'First Deed of
• Trust"), which First Deed of Trust secures a promissory note in the original principal &noun of
5183,750.00 .This Deed of Trust is subject to the First Deed of Trust to the extent that the Fun Deed
of TRIM constitutes a valid and prior lien on the Property as of the date hereof.The Borrower agrees that it will not request or accept airy future advances or loess from the Existing lade,its successors or assigns which would be secured by the
lien of the First Deed of Trust and the request for or acceptance of any such future advances or loans shin constimte an
event of defmh under this Deed of That
42. NO WAIVER;CONFORMITY TO LAW
No waiver by Lender of any covenant in this Deed of Trust or in the Note secured hereby shall at any time hereafter be held
to be a waiver of any of die other tans hereof or of the Note secured hereby,or future waiver of the sane covenant
It is agreed that nothing herein contained nor any transaction related thereto shall he construed or so operate as to require the
Borrower to pay lntaat at a rate venter than its now lawful in such case to contract foe,or to take any;syntax or m do
any act canary to but;that should any provision of this deed of trust be found to violate the laws or court decisions of the
Sate of Colorado or the United Stares,such provisions shall be deemed to be amended to comply with and conform to nth
lava and decisions •
43. CHANGING THIS DEED OF TRUST
Except as provided in Covenant 39 above,this Deed of Trust may be changed only if Larder and Borrower
written consent
511
SKLD LG 172 .20 . 16 . 100 WE 2332287-1993 . 008 4gO021a0 •
•
B 1382 EEC 02332287x'5/10/93 15128 $45.00 9100
•
P 0964 MARY ANN PEO. .TEIN CLERK b RECORDER WELD CO, CO
• Ibis Ride is a pan of the amcbed Deed of Trust and.by agnmb..mw.Bmowe eplea b a0 of the than.
wmraea: ,.
(sue •
��rrr A iBAbbce j� -Bartow:
1 nu a . di, (sap
KATHRYN A ARAESCH -Ant
•Benaww
One
•baaaw
OWao+lea)aar) '
8TAlls OP,C0104P0, Coney= Boulder
• Th4 CL 3+�� � A wa admowmdged before me Ibis 3rd dry of May, 1993
bl gaaich and Kathryn A. breadth
LIP,
w+wa nq,teti,nd atNcri deal a
MyCammmamaaphat 4-ari-47
Nail Pine
pdaauNivTINUaa Baand B* mlra5 isle)
•
{
�•ti
SKLD LG 172 . 20 . 16 . 100 WE 2332287-1993 . 009 Ma 00aMa
AR2332286 B 1382 REC 023 . 46 05/10/93 15:28 510.00 1/00..
,,,,,°,,,,,,,, - F 0954 MARY ANN FEOERSTEIN CLERK & RECORDER WELD CO, CO ,
NAY 3 A9I yIMENT OF DEED OF TRUST OR MORTGAGE DEED —
FItti MORIM at LAP. °qiM"'"°e° t I
I
• �/ AJEreDE ease.. .
MILWAUFtt, WI. 5Jc24
ItIERILAN Mt51tRN MI MI MBE CIA1PANY „„q,or
OF LOLORADO
9350 E. ARAPAHOE 80.1400 ,4b„e
ENGLEW000 COLORADO 80112 _
MAY 3, 199J Dar a p,e a Tint
RECORDED SIMULTANEOUSLY HERtWIIH ewwwo ea,a D„d a Tres
WELD pgeq,ef tsma,e
Bert Na by Na
not N° °wa � '
" " TERRY A. BRAESCH and KATHRYN A. BRAESCH
KNOW AU.i.e.BY THESE PRESENTS THAT
gent bargain,
Mme,eat and convey IS prepety seen n the Mad of TNa a Mortgage Deed hweh _
Mewed b u Deed of Trust.to the Pa
•
M the County In whloh W speed nl TnWI was nooNw&to be beet In del b secure the owned of a Prondeesy Note for the digital
principal eua M f 10-3•10U." Indio lath Moral
HOW THEREFORE in cond.:Sallon of Oa tun of TFRliio OTHFR GOOD A VAI UABLE
• (TnwSTncRaTinN dots, paid to the uelona, the receipt and uetlney of whit is hereby
adoownupd.the said signor hereby ask tnb the said aelpae,the aid Dead of TONad nab.eeurd IONStogether ash as —.
• moneys now owing or that nay hereafter became du a ovMg In resod test and the ht basal of at the pown end ol ai i a
. ceverNvde and proviso lbw*conthtad,ad la maid eeelgne herby pats end aaweya ado the odd aeelpue,the feint,deserted
• popery.dusts n the "Cony d
WFI n Slate of Colorado,to wit ,
• SEE ATTACHED LEGAL DESCRIPTION
•
•
•
•
•
abo Nlowrl by abet aid tneeba w
12456 WELD COUNTY ROAD 1. LONGMONT. COLORADO 80504
TO HAVE AND TO HOLD the said Dad of Taut end alt and eke the said popery unto the odd soignee farad.uWpd to
the tone conWned h old Deed of T iel end Nate.
• Md to add uetpla Epaby oaeratee wth said a Slat to Slid pad of mist
miasmic:,
..id ready and sort the ran of ONF RASED EIGHTY 131REE THOUSAND SEVEN HUN�IR���.NO�din remakie
• unpaid n the Bald nob mid that the aid aeelpna has not done a panted my ad.sew a thing old Dad of Trust ha . —
ben related a efealaged,either pay a n entirety and hee the dfld a udpl eau Deed of Tres end nob as upon request do.
pwbn end scut.every ad necessary to data the tot padotnenoe of the avaade end agetionle therein oodained end thin I. -
euipenent and the covenants herein old Sure to the bat and abed b be brag oarlike hede,pemenel reprsaerdadva,elrnaeaera '
• and adips of the soda parties Sala
IN WITNESS WHBIEOF.to aeelgna has executed tire pants to dry aid year 6d above stn.
Mat AMERICAN WE TERN MORTGAGE
COMPANY 0 OLORADO . ..
Slat a Camas pa• y ` •
•
.. ...
Carry of BOULDER EN L. SR. V.P.' - ';•, `
The foregoing banned was acknowledged before me h ' i • ,
gp��I pFR i _Cody,State of Colorado,n
MAY 3, 19J3 �''..`.C:: ,.
—
KAREN I HICKS SR VP amp FOR fdetN M
- RICAN WFSTFRN MORTRARF COMPANY OF '^""
•
C01 ORAn n
I •
.‘a-e& - `, Data Commission balms Mao my hod seat `
id seat
. '5110'4714APSTREET SUITE 107 n
•• H p lI5 Q 80501 %. / .. ' 0 --ca..
247
werMwMkk'Nntewyl ui:te rob A,wwe ww ae,alwe u —
•
• °o e“" a AMERICAN WESTERN MORTGAGE COMPANY OF COLORADO
• . ,
notate ream
qa-levr
SKLD LG 172 .20 . 16 . 100 WE 2332286-1993 . 001 r
F.
•
B 1382 REC 02332286 05/10/93 15:28 $10.00 2/002 •
F 0955 NARY ANN FE•JERSTEIN CLERK & RECORDER WELD CO, CO •
LEGAL DESCRIPTION
•
•
A TRACT OF LAND SITOATFD Di THE SCUIHWESP QUARTER OF SECTION 31, TOWNSHIP 3
• NORTH, RANGE 68 WEST OF THE 6Th P.N., WEED COUNTY COICRADO, BEING MGRE PARPICJIARY
DFSQ:IBW AS FOLW : '
OMEN= AT THE WEST CUE-QUARTER CORNER OF SDCITCN if THENCE AIDNG THE NORTH
LINE OF THE Sums? WARIER OF SECTION 31, N=1189'2514O" EAST 291.00 FEET 7O
_ • THE WINE OF B W 3: THENCE O@7rilAJDG Saw 89 2514O EAST 672.06 FEET FEET; •
THENCE Sans 00-'02135" EAST 296.27 ENT: Th THENCE SCUM 89025'40" WEST 565.19 FEET • •
1O A POINT ON THE WEST LINE 0pp THB SOWSIET Q ARDIR OF SAID SECTION 31; THENCE
AT.= SAID WEST LINE NOM 08'22'10" EAST 146.30 FEET; THENCE NORM 89"25140" EAST •
. . 291.00 FEET; TIM= NORTH 00 22'1O" FAST 150.00 FtP TO THE pow OF
BEGMNING. •
•
together with Permitted water well 040437 located on Lot is
• of recorded exemption number 12O7-31-3-REa17, being eitutal�ed in
• th SW 1/4 of Section 31, T. 2 R., Range 41 W of the 6th ;P.n.,
Wo d County. Colorado, and together with a perpetual easement for
am ass to said well for purposes of maintenance and repair of
'ea d well; reserving unto Grantors an easement for purposes of
us ng, repairing and maintaining the irrigation ditch currently
to ated on the property being conveyed to Grantees; these
ea ements shall be perpetual and shall benefit and burdsh the
• at voted lands.
•
•
SKLD LG 172 . 20 . 16 . 100 WE 2332286-1993 . 002 •
—
I111111111111111111111111111111111111111111111111111111 —
426 2912425 R 80.00�D 009:11A.00 Weld County Sukl ukty COkamoto
Return To:
Colonial Savings, F.A. —
2805 Wilderness Place Suite
100
Boulder, CO. 80301
• Prepared By: _
iSpnce Above This line For Recording Datai
Aga%,o 110 -
DEED OF TRUST
DEFINITIONS —
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are —
also provided in Section 16.
(A) "Security Instrument"means this document, which is datedDecember 20, 2001 ,
together with all Riders to this document. —
(B) 'Borrower" is Terry A Braesch and Kathryn A Snatch
•
Borrower is die trustor under this Security Instrument.
(C) "Lender" is Colonial National Mortgage, a division of Colonial Savings, —
F.A.
Lender is a Corporation
989987
COLORADO-Single Family-Fannie Mae/Freddle Mac UNIFORM INSTRUMENT Form 3006 1/01 "-
®-6(COl moos,
Page l d 16Initial,: 1 /7Ja 1
VMP MORTGAGE FORMS•Ie0016Yt-)241 / J�
12/20/2001 2:03:48 ➢H 177C1 989967
SKLD LG 172 . 20 . 16 . 100 WE 2912425-2001 . 001
• -.
III 11111
291218 1R 10D 0.00 9:11A JA Weld i Cokamoto
organized and existing under the laws of The United States of America
Lender's address is 2626 West Freeway
.- Fort Worth, TX. 76102 •
Lender is the beneficiary under this Security Instrument.
(I)) "Trustee"is the Public Trustee of Weld County, Colorado.
(E) "Note"means the promissory note signed by Borrower and datednecember 20, 2001
The Note states that Borrower owes Lender two hundred twenty-five thousand and 00/100
Dollars
(U.S. $225,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than January 1, 2007
(F) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property."
(G) "Loan"means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note,and all sums due under this Security Instrument, plus interest.
(H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower[check box as applicable]:
0 Adjustable Rate Rider 0 Condominium Rider 0 Second Home Rider
0 Balloon Rider 0 Planned Unit Development Rider 0 1-4 Family Rider
VA Rider 0 Biweekly Payment Rider 0 Other(s) [specify]
(I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
_ ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
(J) "Community Association Dues, Fees, and Assessments"means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit
or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller
machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers.
(L) "Escrow Items" means those items that are described in Section 3.
(M) "Miscellaneous Proceeds"means any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i)
damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the
Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the
value and/or condition of the Property.
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
_ the Loan.
(O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus(ii) any amounts under Section 3 of this Security Instrument.
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to
m¢,ya
• 989987
®•8(00)(DOC41 Page 2 of 16 ,r Form 3008 1/01
12/20/2001 2:03:49 9M 117C1 989957 '/-J//i{f)'TQ�Ij/•1/
SKLD LG 172 .20 . 16 . 100 WE 2912425-2001 . 002
•
COMMONWEALTH LAND TITLE INSURANCE COMPANY
Commitment No. : F932610
SCHEDULE A - Continued
LEGAL DESCRIPTION
A tract of land situated in the Southwest Quarter of Section 31, Township
3 North, Range 68 West of the 6th P.M. , Weld County Colorado, being more
particularly described as follows :
Commencing at the West One-Quarter corner of Section 31; thence along the
North line of the Southwest Quarter of Section 31, North 89 degrees
25' 40" East, 291 . 00 feet to the Point of Beginning; thence continuing
North 89 degrees 25' 40" East 672 . 06 feet; thence South 00 degrees 02' 35"
East 296 .27 feet; thence South 89 degrees 25' 40" West 965 . 19 feet to a
point on the West line of the Southwest Quarter of said Section 31;
thence along said West line North 00 degrees 22' 10" East 146 .30 feet ;
thence North 89 degrees 25 ' 40" East 291 . 00 feet; thence North 00 degrees
22 ' 10" East 150 .00 feet to the Point of Beginning . —
111111111111111111111111111111111111111���11111 ��������
2912425 12128/2001 09:11A JA Sub Tsukamoto
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SKLD LG 172 . 20 . 16 . 100 WE 2912425-2001 . 003
- HIED 11111111111111111III Ellin 11111IIII IIII
2912425 12128/2001 09:11A JA 8uk] Teukamoto
4 of 16 R 80.00 D 0.00 Weld County CO
time, or any additional or successor legislation or regulation that governs the same subject matter. As used
in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard
to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage
loan" under RESPA.
(Q) "Successor in interest of Borrower"means any party that has taken title to the Property, whether or
not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS N THE PROPERTY
This Security Instrument secures to Lender: (1) the repayment of the Loan,and all renewals, extensions and
_ modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower, in consideration of the debt and the trust
herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the following
described property located in the COUNTY [Type of Recording Jurisdiction]
of WELD [Name of Recording Jurisdiction]:
SEE ATTACHED LEGAL DESCRIPTION
Parcel ID Number: R0224893 which currently has the address of
12456 Weld County Road 1 [street]
Longmont [City]. Colorado 80504 [Zip Gael
("Property Address"):
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property. MI replacements and
additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this
Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances
of record. Borrower warrants and will defend generally the title to the Property against all claims and
demands, subject to any encumbrances of record and liens for taxes for the current year not yet due and
payable.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
989987
iniish.
®.5(C0)100051 POGO 3 of 15 Form 3006 1/01
12/0/2001 2:03:48 PM 1770. 989987 /
SKLD LG 172 . 20 . 16 . 100 WE 2912425-2001 . 004-
1 111111111111111111 11111 III 111111111111 III 1111 1111 1111
258of416 80.0000D 0.001 1 1A JA Sold mono
Weld County CO
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items
pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.
currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments —
due under the Note and this Security Instrument be made in one or more of the following forms, as
selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a
federal agency, instrumentality, or entity; or(d) Electronic Funds Transfer. —
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section 15.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to —
bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan
current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial
payments in the future, but Lender is not obligated to apply such payments at the time such payments are
accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay —
interest on unapplied hinds. Lender may hold such unapplied funnels until Borrower makes payment to bring
the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply
such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding —
principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower
might have now or in the future against Lender shall relieve Borrower from making payments due under
the Note and this Security Instrument or performing the covenants and agreements secured by this Security
Instrument. —
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest
due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments
shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts —
shall be applied first to late charges, second to any other amounts due under this Security Instrument, and
then to reduce the principal balance of the Now.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and
the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received
from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be
paid iu full. To the extent that any excess exists after the payment is applied to the full payment of one or —
more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall
be applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under —
the Note shall not extend or postpone the due date, or change the amount,of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due
under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due
for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a —
lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c)
premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance
premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage —
Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow
'\ ' 989987 Ind
®.8100)moon 9.P, o of 16 Form 3008 1101 —
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2912425 12128/2001 09:11A A Said Tiukamoto
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Items." At origination or at any time during the term of the Loan, Lender may require that Community
Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and
assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to
be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives
Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's
_ obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be
in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts
due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires,
shall furnish to Lender receipts evidencing such payment within such time period as Lender may require.
Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to
be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement"
is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and
Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9
and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such
amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in
accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in
such amounts, that are then required under this Section 3.
Lender may,at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply
the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in
any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time
specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the
Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing
or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower
any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest
shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the
Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,
as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12
monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make
up the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund
to Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payments or
ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To
the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
—' Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
989987
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12/20/2001 2:03:48 IiH 177C1 989987
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1111111 11111 1111111111 III 11111 11111 III 110111111
lilt -
2912425 12/28/2001 09:11A JA Sold Teukamoto
7 of 16 R 80.00 D 0.00 Weld County CO
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable
to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith
by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to
prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating
the lien to this Security Instrument. if Lender determines that any part of the Property is subject to a lien
which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the —
lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or
more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or
reporting service used by Lender in connection with this Loan. —
5. Property Insurance.Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the term "extended coverage," and any
other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance.
This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of
the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's
right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may —
require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone
determination, certification and tracking services; or (b) a one-time charge for flood zone determination
and certification services and subsequent charges each time remappings or similar changes occur which
reasonably might affect such determination or certification. Borrower shall also be responsible for the
payment of any fees imposed by the Federal Emergency Management Agency in connection with the
review of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance —
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any
particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might
not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk,
hazard or liability and might provide greater or lesser r coverage than was previously in effect. Borrower —
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall
become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest
at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from
Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as —
mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal
certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. if Borrower obtains any form of insurance coverage, not otherwise required by Lender,
for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and
shall name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall
be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to
hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the —
989987
®m-61C01 0006) Page a el 15 Form 3006 1/01 —
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SKLD LG 172 . 20 . 16 . 100 WE 2912425-2001 . 007
•
1111111111111111111 11111 11111111111 III 11111 1111 IIII
2912425 8 of 16 2 80.00 1 0.00 0p .1,A JA Suld Weld County CO mono
work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken
promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series
of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law
requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any
interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by
Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If
the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance
proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with
the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in
_ Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance
claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the
insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day
period will begin when the notice is given. In either event, or if Lender acquires the Property under
Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance
proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and
(b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by
Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the
coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or
to pay amounts unpaid under the Note or this Security Instrument, whether or not then due.
_ 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy the
Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender
otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
"- circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections.Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the
Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in
order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is
determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall
promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or
condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower
shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such
purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of
progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient
to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of
such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender
(or failed to provide Lender with material information) in connection with the Loan. Material
representations include, but are not limited to, representations concerning Borrower's occupancy of the
Property as Borrower's principal residence.
,X‘ i 989987
-6(CO)100051
Pan 7 al 15 Form 3006 1/01
12/20/2001 2:03:08 !M 17701 989987
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SKLD LG 172 . 20 . 16 . 100 WE 2912425-2001 . 008
1111111 111 1111111 11111 I I 11111 1111111III I I I I I 1111111l
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2912426 12/28/2001 09:11A JA 8uld Teukamoto
9 of 16 R 80.00 D 0.00 Weld County CO
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument.If
(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there
is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under
this Security Instrument(such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for _
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in the Property and rights under this Security
Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing _
the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien
which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable
attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including
its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, —
entering the Property to make repairs, change locks, replace or board up doors and windows, drain water
from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned
on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not
under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all —
actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting —
payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the
lease. If Borrower acquires fee title to the Property, the leasehold and the fee tide shall not merge unless
Lender agrees to the merger in writing.
10. Mortgage Insurance.If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason,
the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments _
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain
coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially
equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate
mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that
were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these
payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be
non-refundable, notwithstanding the fact that die Loan is ultimately paid in full, and Lender shall not be —
required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss
reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires)
provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires
separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage —
Insurance as a condition of making the Loan and Borrower was required to make separately designated
payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to
maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's
requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and _
Lender providing for such termination or until termination is required by Applicable Law. Nothing in this
Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it
may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage —
Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may
enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements
are on tenors and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to —
these agreements. These agreements may require the mortgage insurer to make payments using any source
989987
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®-/100ho2 Fapm8of 16 Form 3006 1/07
12/2%/2001 2:0:0 3:{9 PM 1770 989987
SKLD LG 172 . 20 . 16 . 100 WE 2912425-2001 . 009
1 111 1111 111131 III 1111 11111 i I 1111111 I I 11111
2912425 12/2912001 09:11A JA Suld Taukamoto
_ 10 of 18 ff 90.00 D 0.00 Weld County CO
of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage
Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer,
any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that
derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in
exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement
provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the
premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount
Borrower will owe for Mortgage Insurance,and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights
may include the right to receive certain disclosures, to request and obtain cancellation of the
Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a
refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or
termination.
11. Assignment of Miscellaneous Proceedr, Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of
the Property, if the restoration or repair is economically feasible and Lender's security is not lessened.
During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds
until Lender has had an opportunity to inspect such Property to ensure the work has been completed to
Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the
repairs and restoration in a single disbursement or in a series of progress payments as the work is
completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such
Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such
Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would
be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,
whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be
applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with
the excess, if any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is equal to or
greater than the amount of the sums secured by this Security Instrument immediately before the partial
taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums
secured by this Security instrument shall be reduced by the amount of the Miscellaneous Proceeds
multiplied by the following fraction: (a) the total amount of the sums secured immediately before the
partial taking, destruction, or loss in value divided by (b) the fair market value of the Property
immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
in the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is less than the
amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums
secured by this Security instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the
Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages,
Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized
to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the
sums secured by this Security instrument, whether or not then due. "Opposing Party" means the third party
that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in
regard to Miscellaneous Proceeds.
989987
i0w
fl-8(C07 100051 Py 9 of 1b Font,3006 1101
12/20/2001 2:03:48 DN 177C1 989967
SKLD LG 172 . 20 . 16 . 100 WE 2912425-2001 . 010
IUIIII1111111111111111111111111111111101111111It _
2912425 1 C 0
O3Weld County CO
11 of 15 R 80.00
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's
interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if
acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be _
dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material
impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of
any award or claim for damages that are attributable to the impairment of Lender's interest in the Property
are hereby assigned and shall be paid to Lender. _
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be
applied in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver.Extension of the time for
payment or modification of amortization of the sums secured by this Security Instrument granted by Lender _
to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower
or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against
any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify
amortization of the sums secured by this Security Instrument by reason of any demand made by the original _
Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or
remedy including, without limitation, Lender's acceptance of payments from third persons, entities or
Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or
preclude the exercise of any right or remedy. —
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants
and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this
Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the _
terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security
Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or
make any accommodations with regard to the terms of this Security Instrument or the Note without the
co-signer's consent. —
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes
Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain
all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in _
writing. The covenants and agreements of this Security Instrument shall bind (except as provided in
Section 20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this _
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees.
In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific
fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge
fees that are expressly prohibited by this Security Instrument or by Applicable Law. _
If the Loan is subject to a law which sets maximum ban charges, and that law is finally interpreted so
that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the
charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted _
limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal
owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the
reduction will be treated as a partial prepayment without any prepayment charge (whether or not a
prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by _
direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out
of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument
must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to _
have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's
989987
mai
®•61001 100061 Plop 10 en 15 Form 3006 1/01
0
12/20/2001 2:03:18 DH 177C1 999997
SKLD LG 172 . 20 . 16 . 100 WE 2912425-2001 . 011--
- •
- 1111111 111111
2912426 12/28/2001 09:11A JA SuId Tsukamoto
12 of 16 R 80.00 D 0.00 Weld County CO
notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers
unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address
unless Borrower has designated a substitute notice address by notice to Lender. Burrower shall promptly
notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's
change of address, then Borrower shall only report a change of address through that specified procedure.
There may be only one designated notice address under this Security Instrument at any one time. Any
notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address
stated herein unless Lender has designated another address by notice to Borrower. Any notice in
connection with this Security Instrument shall not be deemed to have been given to Lender until actually
received by Lender. If any notice required by this Security Instrument is also required under Applicable
Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security
Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be
governed by federal law and the law of the jurisdiction in which the Property is located. All rights and
obligations contained in this Security Instrument are subject to any requirements and limitations of
Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contact or it
might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In
the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable
Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be
given effect without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and
include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to
take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower.As used in this Section 18,
"Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited
to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or
escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower
is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior
written consent, Lender may require immediate payment in full of all sums secured by this Security
Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay
these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this
Security Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time
prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in
this Security Instrument; (b) such other period as Applicable Law might specify for the termination of
Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those
conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security
Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or
agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited
to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the
purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d)
takes such action as Lender may reasonably require to assure that Lender's interest in the Property and
rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security
Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and
expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c)
989987
Inn
Cite(CO)10051 Pq•f t of 15 Form 3OO8 1/O1
12/20/2001 2:03:48 314 177O1 999967
SKLD LG 172 .20 . 16 . 100 WE 2912425-2001 . 012
I1111111111 111111 III 1111
29124251 D 80.001 09:11A JA Sukl Teukemoto
13 of 18 R 80.00 D 0.00 Weld County CO
certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon
an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic
Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby —
shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not
apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance.The Note or a partial interest in
the Note (together with this Security Instrument) can be sold one or more times without prior notice to —
Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects
Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan
servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be —
one or more changes of the Loan Servicer unrelated to a sale of the Note. if there is a change of the Loan
Servicer, Borrower will be given written notice of the change which will state the name and address of the
new Loan Servicer, the address to which payments should be made and any other information RESPA
requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is —
serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations
to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not
assumed by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor lender may commence, join, or be joined to any judicial action (as either an —
individual litigant or the member of a class) that arises from the other party's actions pursuant to this
Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by
reason of, this Security instrument, until such Borrower or Lender has notified the other party (with such
notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the
other party hereto a reasonable period after the giving of such notice to take corrective action. If
Applicable Law provides a time period which must elapse before certain action can be taken, that time
period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and —
opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to
Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective
action provisions of this Section 20. —
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides
and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials;
(b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response
action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental
Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental —
Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do,
nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental
Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding
two sentences shall not apply to the presence, use, or storage on the Property of small quantities of —
Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to
maintenance of the Property (including, but not limited to,hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of(a) any investigation, claim, demand, lawsuit —
or other action by any governmental or regulatory agency or private party involving the Property and any
989987
m'tir
fl-BtC0)(00051 Page 12 of 15 Form 3006 1/01 -
12/20/2001 2:03:48 PM 177C1 989987
SKLD LG 172 . 20 . 16 . 100 WE 2912425-2001 . 013
• ,.
11111611111331 iii ills liar rim dill iii
2912425 1212912001D 0.00 Weld County CO
14 0l 18 R 80.00
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any
Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of
release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a
Hazardous Substance which adversely affects the value of the Property. If Burrower learns, or is notified
by any governmental or regulatory authority, or any private party, that any removal or other remediation
of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on
Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to
acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a)
the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date
the notice is given to Borrower, by which the default mug be cured; and (d) that failure to cure the
default on or before the date specified in the notice may result in acceleration of the sums secured by
_ this Security Instrument and sale of the Property. The notice shall further inform Borrower of the
right to reinstate after acceleration and the right to assert in the foreclosure proceeding the
non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is
not cured on or before the date specified in the notice, Lender at its option may require immediate
payment in full of all sums secured by this Security Instrument without further demand and may
invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be
entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22,
including, but not limited to, reasonable attorneys' fees and costs of title evidence.
If Lender invokes the power of sale, Lender shall give written notice to Trustee of the
occurrence of an event of default and of Lender's election to cause the Property to be sold.
Lender shall mail a copy of the notice to Borrower as provided in Section 15. Trustee shall record a
copy of the notice in the county in which the Property is located. Trustee shall publish a notice of sale
for the time and in the manner provided by Applicable Law and shall mail copies of the notice of sale
in the manner prescribed by Applicable Law to Borrower and to the other persons prescribed by
Applicable Law. After the time required by Applicable Law, Trustee, without demand on Borrower,
shall sell the Property at public auction to the highest bidder for cash at the time and place and under
the terms designated in the notice of sale in one or more parcels and in any order Trustee determines.
Trustee may postpone sale of any parcel of the Property by public announcement at the time and
place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale.
Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time
the purchaser will be entitled to Trustee's deed. The recitals in the Trustee's deed shall be prima facie
evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in
the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's
and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the
person or persons legally entitled to it.
23. Release. Upon payment of all sums secured by this Security Instrument, lender shall request
that Trustee release this Security Instrument and shall produce for Trustee, duly canceled, all notes
evidencing debts secured by this Security Instrument. Trustee shall release this Security Instrument without
further inquiry or liability. Borrower shall pay any recordation costs and the statutory Trustee's fees.
24. Waiver of Homestead. Borrower waives all right of homestead exemption in the Property.
989987
Unit
Ct e(C0)10005) Pp,13 of II Form 3008 1/01
12/20/2001 2:03:48 PM 17701 989987
SKLD LG 172 . 20 . 16 . 100 WE 2912425-2001 . 014
-
•
111111111111111111111111 III 111 1111111 III 111111 11 1111
2912425 12/28/2001 09:11A JA Sukl Tsukamoto
15 of 18 R 80.00 D 0.00 Weld County CO
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
Witnesses:
(Seal)
>eerh -Borrower
•81Jt t l.C YI (Seal)
Kathryn A Branch -Borrower
(Seal) (Seal) -
-Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal) -
-Borrower -Borrower
989987
fl$(CO)mos) Pew a of I e Forrn 3006 1/01 -
12/20/2001 2:03:46 PM 177O1
SICLD LG 172 .20 . 16 . 100 WE 2912425-2001 . 015-
111111111111 IIIIlII UIII III 111111111111 III 111111111 1111
2912426 12/28/2001 09.118 JA Sold Teukamoto
16 of 16 fi 80.00 0 0.00 Weld County CO
STATE OF COLORADO,noULaUU County ss:
tA
The foregoing instrument was acknowledged before me dus3d day of C n - . 0 C
by Terry A Branch and Kathryn A Braesch
— Witness m omyn hand and official seal. `� ly��//�,/1 A6+
My Commission Expires:5.T 4j !� 1 FI/,` "
Notary Public
— i -
GOLG
r
989987
®-6(CO)100061 P.90 t6 0116 Form 3008 1)01
12/20/2001 2:03:48 9N 177C1 989987
SKLD LG 172 .20 . 16 . 100 WE 2912425-2001 . 016
-Market Pro -Individual Property Descri ion County: WELD
6wnership& Legal
Owner: ECKEL MARGARET
Address: 12516 COUNTY ROAD 1 LONGMONT 80504-9575 Map Page: R-68 TS-3N Sec-31 NW
Mail: C/O PATRICIA ECKEL12516 WELD C LONGMONT CO 80504
ax ID: 7122797 Property ID: 1207-31-2-00-068 Census Tract: 21.00
Legal: PT NW4 31 3 68 BEG SW COR NW4 TH ALG S LN SD NW4 N89D22'E 491.11' N01 D03'W 213.63'TONLN
PARCEL TH ALG SD N LN S89D08'W 278.40'SODW 102.74' N89D36'W 208.80'TO W LNSD NW4 TH S
ODW 113.53'TO TPOB (.09R)
AValuation &Sales History
ssessed Value: Total: $124,855 Improved: $123,909 Land: $946
ast Sales: Taxes: $826
Property Characteristics
-LStyle: RANCH Bldg Area: 1728 Garage: NONE 0 SqFt
Built: 1957 Exterior: BRICK VENEER Bsmt: 0 SqFt 0 %fin
Bedrms: 0 Land: 0 Sq Ft Roof: N/A
F-Baths: 3 Fndation: N/A Heat: FORCED AIR- N/A
-Baths: 1 Fireplace: Rooms: 00
Recent Sales
o Recent Sales Shown for this Property
1
Information Advantage, Inc. 5401 S. Prince, Littleton, CO 80120 (303)795-1904
Property information is considered reliable but not guaranteed.
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B 1313 PEC 02267859 11/01/91 11:01 $10.00 1/002 s
AR2267I151 F 1586 MART ANN FEUERSTETN CLERK 6 RECORDER WELD CO, CO
12' • 1 QUIT CLAIM DEED
Iz Y i Sr.- • Margaret 0. Eckel, whose address is 12516 Weld County Road 1,
+r Longmont, Colorado 30504. for the consideration of Ten Dollars, in hand paid, hereby
°1 •+• sells and quit claims to Margaret Eckel, Trustee of the Margaret Eckel Living `.
4t '�;. Trust dated October 30. 1991, whose address is 12516 Weld County Road 1.
• , : ; Longmont,Colorado 80504,the following real property,in the County of Weld,and State
of Colorado,to wit: ;•
7 -: r 5
+*'- All that part of the NW 1/4 of Section 31,Township 3 North. Range 68 West
3 of the 6th P.M..described as.follows: Beginning at the Southwest corner of .f ...
s,:'} , the NW 1/4 of said Section 31; thence North 89`22' East 1108.3 feet along the �
i . South line of the NW 1/4 of said Section 31; thence North parallel to the West
line of said NW 1/4 a distance o:216.15 feet:thence South 89°08'West 899.5 3
r t feet;thence South parallel to the West line of said NW 1/4 a distance of 102.74 - r,5
4..s - .: . feet: thence North 89°36 West 208.8 feet more or less to the West line of said 1 11 ul ;•
SW 1/4; thence South 113.5 feet along the West line of said NW 1/4 to :he Uk51
,t,, ' point of beginning. ALSO
trdI. i. . All that part of the NW 1/4 of Section 31,Township 3 North, Range 68 West �)'-• �ili1'
, 4' I: of the 6th P.M.,described as follows: Beginning at the Southwest corner of the j� at,
NW 1/4 of said Section 31; thence North 89'22' East 1108.3 feet along the '1 ,yIA 1
.' South line of the NW 1/4 of Section 31 to the True Point of Beginning;thence I ;Iv
North 89°2T East 1452.6 feet along the South line of said NW 1/4 to a point J ,i L
West of the high water line of Union Reservoir; thence North 29°38' West v �2
247.1 feet Westerly from the High water line of said Union Reservoir, thence
South 89°22' West 1330.4 feet; thence South 216.15 feet more or less to the
rT {; '9 ® True Point of Beginning,County of Weld,State of Colorado.
Ai-
al'
Also known by street and number as 12516 Weld County Road 1,Longmont.
i"•
Colorado 80504.
y
11 i,1
with all its appunenences. •
r
+ Actual consideration is less than 3500.00.
Signed this day of ` 1991.
• r•*::.tr, r:M
�_ L
_.•f, .1 . C. - le-L.-- . .",
?•
Margaret O.Eckel
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HOPP • \.\,M InitS. PA.,2131 MnM.d %kw In.Lannon.CO Oi501 . -•
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P 1315 REC 02267859 11/01/91 11:01 $10.00 2/002 •�'
t-+= F 1587 MARY ANN FEUERSTEIN CLERK 6 RECORDER WELD CO, CO
< • STATE OF COLORADO )
I • ) as. t
COUNTY OF BOULDER )
e_ The fo egoinginsw ent was acknowledged before me this_a__day of
1991 M t Eckel.
-C.s
•
4' ' • NO ip My commission expires: June 18. 1994 1'
vwitness my hand and official seal.
• '•t• otary Public ,
11
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y Jfiy } �,� � • 4. RF 1'.{ �� •
9 ied at o'clock M.,
Lion No.
Recorder. vuI
WARRANTY DEED
THIS DEED, Made this 28th day of May, 1997, between "-�_tn'
1GRGARET ECKEL, TRUSTEE4 �'no/
TO THE MARGARET ECKEL LIVING TRUST, � J DATED OCTOBER 30, 1991 civil, b
of the County of WELD and State of Colorado, grantor, and L
CITY OF LONGMONT, A HOWE RULE CITY, ,I
ACTING ON BEHALF 07 ITS WATER UTILITY ENTERPRISE •_,
whose legal address is 350 KI1®AEX STREET v
LONGMONT, CO 80501
of the County of WELD and State of Colorado, grantee:
WITNESSETH, That the grantor for and in consideration of the sum of $117,545.00
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
,4 confirm, unto the grantee, 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:
v�
jt SEE ATTACHED EXHIBIT •A"
also known by street and number as: VACANT LAND, LONGMONT, CO
I` TOGETHER with all and singular the hereditaments and appurtenances thereto belonging,
J 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, 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 the
appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for
— himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree
to and with the grantee, 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 inheritancee, 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 foresaid, 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, except 1997 taxes due and payable in 1998.
anSubject to easements, covenants, restrictions, reservations and right of way of record if
yeandd ine-half•nterest in tuin and to5a to ll lnoil iloand d4gas onpa and underlying said property es
thereof, as sat forth in deed recorded April 23, 1958 ingbook e 26 1501d tat he Lager ande 255; provision
Gas lease, and any and all assignment, thereof, recorded June 12, 1980 asReceptian on ONo.
1827289; any gain or loss in land area as a result of • Decree Quieting Title naming Union
Reservoir Company as Plaintiff, recorded August 19, 1981 as Reception No. 1833434;
The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in
— the quiet and peaceable possession of the grantee, 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, the plural the singular, and the use of any gender shall
be applicable to all genders.
IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above.
ECKEL, TRUSTEE TO THE MARGARET ECKEL LIVING
TRUS DATED OCTOBER 30, 1991
"OTAgY
STATE OF COLORADO) I�CSA�_p G
COUNTY OF BOULDER) (SE�{,1 'C'"9 til0,4K r
ofeMay e1997gbyinstrument
MARGARET ECKEL, TRUSTEE TO THE sMMARGARET ECKEL LIVINGed and sworn to eTR11T� 'his 28th TED OCTOBER
aY
30, 1991.
— My Commission Expires: JANUAR , 1999. Wi s my .d . .fficial seal.
— OTARY P: '
2562495 8-1620 P-477 08/08/1997 10:438 PG 1 OF 2 REC DOC
Weld County CO JA Sold Teukaaoto Clerk & Recorder 11.00 11.75
SKLD LG 172 . 20 . 16 . 100 WE 2562495-1997 . 0010 BoSD\
"•w v\ w• -
E'it h.
.. —
FREDERICK LAND SURVEYING
.1\,.
1528 N. Uncoln,Sulfe2 —
Loveland,Co.80538 April 9, 1997
(FLS) 970(003)669-3652 Project No. 96-12-1027
4 of 5
V EXHIBIT "A"
LAND—DESCRIPTION:AR-EA-TO-BE CONVEY.EQTQ CITY OF LONGMONT BY —
ECKEL-WARRANTY DEED
All that portion of the northwest-quarter of.Section 31,.Township 3 North, Range 68
West,of the 6th P.M., Weld County, Colorado more particularly described as follows: —
Considering the west line of said northwest quarter of Section 31 as bearing NORTH
00° 00'00"EAST and with all bearings contained herein relative thereto.
Commencing at the southwest corner of said northwest quarter of Section 31;Thence
along the south line of said northwest quarter of Section 31 NORTH 89° 22'00"EAST
49111 feet to the TRUE POINT OF BEGINNING;Thence continuing along said south —
line of the northwest quarter of Section 31 NORTH 89° 22' 00"EAST 1954.65 feet to
the westerly line of Tract IV of Weld County Civil Action No. 80-CV-403 recorded in
Book 911, Reception 1833434 records of said Weld County(said westerly line being
the same as the westerly line of a strip of land 50 feet wide as referred to in said Tract —
IV);Thence along said westerly line NORTH 31° 26' 57"WEST 251.69 feet to the
northerly line of that certain parcel of land described in deed, recorded in Book 643 at
Reception No. 1564644 records of said county;Thence along said northerly line the
following two(2)courses and distances: 1)SOUTH 89°22'00"WEST 1206.17 feet; —
2)SOUTH 89° 08' 00"WEST 621.10 feet;Thence leaving said northerly line SOUTH
01° 03'00"EAST 213.63 feet to the TRUE POINT OF BEGINNING.
—
Said portion contains 9.37 acres, more or less.
TOGETHER WITH THREE (3) UNITS OF COLORADO-BIG THOMPSON PROJECT WATER; AND TOGETHER
WITH ALL MINERALS OF WHATSOEVER KIND OR CHARACTER IN, UNDER, AND UPON OR THAT MIGHT BE
PRODUCED FROM THE PROPERTY (INCLUDING ANY LEASE RIGHTS). —
Iu
ci
4*.0REBryy��ONALD t- ^:0K a _'i;333 1E,AL LAN bJ
2562495 B-1620 P-477 08/08/1997 10:43A PG 2 OF 2
SKLD LG 172 . 20 . 16 . 100 WE 2562495-1997 . 002
'corded at o'clock M.
„ gentian Na
"T_I s(� Recorder
r
QUITCLAIM DEED /
�7 l�
n7
THIS DEED,made this 28th day of May
/m97 �t L betweenL/
MARGARET ECKEL, TRUSTEE TO THE MARGARET ECKEL LIVING AI
TRUST DATED OCTOBER 30, 1991 '!'U�•
of the *County of wet and State of l • vJ ,
... Colorado,grantor(s),and - J
CITY OF LONGMONT, A HOME RULE CITY, ACTING ON BEHALF
OF ITS WATER UTILITY ENTERPRISE I �ti
whoselegaladdressis 350 Kimbark Street
Longmont, CO 80501 '�`
of the /(Ir/j44b/ /a{ tale of Colorado.grantee(s).
WITNESS,that the grantoRsk for and in consideration of the sum of TEN DOLLARS AND OTHER GOOD AND
VALUABLE CONSIDERATIONS DOLLARS,
the receipt and sufficiency of which is hereby acknowledged,ha S remised,released,sold and QUITCLAIMED,and by these
presents does remise,release,sell and QUITCLAIM unto thegrantee(s), i t5 heirs,socecssun and assigns forever,all
the right,title,interest claim and demand which-the grantors)ha-S. in and to the real property.togetherwith improvements,if-any,
situate,lying and,being in the County of Weld and State of Colorado,
Vdescribed as follows:
CC
C ' SEE ATTACHED EXHIBIT "A"
J
2562496 B-1620 P-478 08/08/1997 10:43A PG 1 OF 2 REC DOC
Weld County CO JA Suki Tsukaaoto Clerk & Recorder 11.00
also known by street and number as:
assessor's schedule or parcel number.
TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging,or in anywise
thereunto appertaining,and all the estate,right,title,interest and claim whatsoever of the grantor(s),either in law or equity,to the only
proper use,benefit and behoof of the grantee(') its heirs and assigns forever.
IN WITNESS WHEREOF,the gramor s)ha S executed this deed on the date set forth above.
11sS��r�--.�77 •
MARGKRE ECKEL, TRUSTEE TO THE
MARGARET ECKEL IIVING TRUST DATED
OCTOBER 30, 1991
STATE OF COLORADO
ss.
County of Boulder
The foregoing i mem was acknowledged before me this 2 th day of May ,1997
by MA , TRUSTEE TO THE MARGARET ECKEL LIVING TRUST DATED
0 sti
_ ' 'i• \ ' / -`1"ness my hand and official seal.
' D"RAaE :o y / Mye miss ex January 3 1999
r7�s
'•" Win 9pm �s7-
x+RCO Nvny Nelc
Nina-AMm,areu,m Creams IyC,Nei mgoe(I ta.!}loa.'.CA.SI
_
SKLD LG 172.20 . 16 . 100 WE 2562496-1997 . 001 cytim,,
X",,•^ L-, rt.�.. —. \.._..,n_...1 4<n�lt e.t(.,.c�C.SC. `ar c.e„cui. ft CnCR Mir\r Cnveud-
r
.1\
FREDERICK LAND SURVEYING
1528 N. Uncoln,Sulte2,
Loveland,Co.80538
'.FL.S-' 97A RA)669-3652 April 9, 1997 —
Project No. 96-12-1027
5of5
LAND DESCRIPTION:AREA TO BE CONVEYED TO CITY OF LONGMONT BY
ECKEL-QUIT CLAIM DEED
All that portion of the northwest quarter of Section 31,Township 3 North, Range 68
West, of the 6th P.M., Weld County, Colorado more particularly described as follows:
Considering the west line of said northwest quarter of Section 31 as bearing NORTH —
00° 00' 00"EAST and with all bearings contained herein relative thereto.
Commencing at the southwest corner of said northwest quarter of Section 31;Thence • _-
along the south line of said northwest quarter of Section 31 NORTH 89° 22'00"EAST
2445.75 feet to the westerly line of Tract IV of Weld County Civil Action No. 80-CV-403
recorded in Book 911, Reception 1833434 records of said Weld County(said westerly
line being the same as the westerly line of a strip of land 50 feet wide as referred to in said Tract IV and the TRUE POINT OF BEGINNING;Thence along said westerly line
NORTH 31°26'57"WEST 251.69 feet to the northerly line of that certain parcel of
land described in deed, recorded in Book 643 at Reception No. 1564644 records of
said county; Thence along said northerly line NORTH 89° 22'00"EAST 124.23 feet to the easterly line of said land in Book 643 at Reception No. 1564644; Thence along said
easterly line SOUTH 29° 38'00"EAST 247.15 feet to said south line of the northwest
quarter of Section 31;Thence along said south line SOUTH 89° 22' 00"WEST 115.11
feet to the TRUE POINT OF BEGINNING.Said portion contains 0.59 acres, more or less.
•
'la
......e
DONALD °
'h to: F, 1 cc
1iL:3t .'W W01°a.......b& —
2562496 8-1620 P-478 08/08/1997 10:43A PG 2 OF 2
SKLD LG 172 .20 . 16 . 100 WE 2562496-1997 . 002
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