HomeMy WebLinkAbout20031658 CERTIFICATE OF CONVEYANCES WELD COUNTY
STATE OF COLORADO DEPARTMENT OF PLANNING SERVICES
COUNTY OF WELD
The Transnation Title Insurance Company hereby certifies that it has made a careful search of its records,and
finds the following conveyances affecting the real estate described herein since August 30, 1972,and the most
recent deed recorded prior to August 30, 1972.
LEGAL DESCRIPTION:
Lot B of Recorded Exemption No. 1475-1-2-RE 3159,recorded June 21,2002 as reception No.2963390,
being a part of the NW ''A of Section 1,Township 1 North,Range 64 West of the 6th P.M.,County of Weld,
State of Colorado.
CONVEYANCES(If none appear, so state):
Reception No. 1471618 Book 550
Reception No. 1517226 Book 595
Reception No. 1677062 Book 755
Reception No. 2963390 Book
The certificate is made for the use and benefit of the Department of Planning Services of Weld County,
Colorado.
This certificate is not to be constructed as and Abstract of Title nor and opinion of Title,nor a guarantee Title
and the liability of Transnation Title Insurance Company,is hereby limited to the fee paid for this Certificate.
In Witness Whereof,Transnation Title Insurance Company,has caused this certificate to be signed by its
proper officer this 27th day of June 2002,at 7:00 am.
TRANSNATION TITLE INSURANCE COMPANY
Order No. 8514670 tp
By: p5• CQLkAp►1/4._
Authorized Signature
2003-1658
Ian 550 3d 4 SEP 1 4 t 5 !.
.� - - s �.8100810001 r .r e.. .aaa • n...o`nt_,ae 14.'1618 , ke.1 ,,sot
3_
Tins LsmaaauR.Made titre Lt day of Septaber in the year
3 of oar Lard One Thousand Moe Hundred ,alE_tatTrive De'rrsee
..- ITCKT —_as OTIPIRV.P9t _..._.
of the state of =TRIM AE HL, WARD
--- } pertL._of the fiat part.
-t and Cr11Z IC1llCerSa-]LCaa-C91.are+io_.aintaJS11AAla.—..—....._.._..._
to
o —
u of the_County of Held _._,and Stated Colorado
parts—.of the sweet putt,WWItnseth that
eWHEREAS fn tlit3taZabo sat of the CrtY ad County of Denver in the State p _.
of Colorado,on tin )et .day of. September A. D. 19 65
in the matter of the estabs of Oerttadli Leee11. Sort—.
ea order autbaldns end dhwean a s of the Reel Fatale hereinafter described
'�tp was made and rend.eed of red.
IAND WHEREAS,The said perty of the first put did,on the lei_.._.
day of September A.D.19 65 sell at_R'Seate sate,for the
total sum of —St91V1-3S441.Pd Stz i mdrfd and
to the party..-of the exceed pert the Iserehadter deaibed reel estate prsaet to and in fall
complaace whit aid seder d the Cart
AND WHEREAS,On ___day._day cis _._- -S4b?r A.D.196.5.._.,the
said pars.—_of the fir pert,asSS _of said estate as aforesaid,submitted to
the aid Cort,a repot of=eh male so made as afut-ad; Ss
• AND THEREAFTER.an at eon the aid sale of Beal Estate was made and entered of —
record,which order hi hi words and flares as follows.to-wit:'91 THE PROBATE CO@T IX AND
FOR 1St CITY an COMITY or DDIy1B AND
IN THE 1LLTIU OF THE ESTATE OP ) - STATE OF COLORADO
WHIR= ANCEiL, )) • t - No. y-%lJO
Ward. ))) ORDER CCHEIRKLII0
SASS 0!REAL ESTATE
This matter a on to be heard this d
private sale by Lad-a i at upon the report of the sale at
• any, the Conservator of the above etfollo estate,
t to ribedms d estate Agway, Inc.,Da a Colorado n Mad,
of the following
described reel *state, located In She Canty of 11Y]de State of Colorado:
- I Hera eme-hat 04) elf lortlneeet Hurter Sestls 1, Tapp. 1 North, Range 6t6k 1W 6f t of ,1
P. N.
for S22,60O.OO cash; and it appearing to t•e Cart, and the Court finder that
said sale was legally made and fairly asmduetadl "ot the sin bid was not die-
psoprtimato to the value of the property aa:d, Ad was not leas than the .
appraised value;
IT IS ORDERED, that said report and sale ere confined end that the personal
representative greats a amvgroe of the preface sold and described on said
report, and herein, to the said manor &t ..e.
Jr
' Dons and sniped in spa Court this lot -'y of Saptsder, 1965.
1p tee:Ls
/a/MUDeke=
Probate Jadge.a
�\ ae a/ SO�y
one ads damaae ads at anal dabs S be,tea%tan_
•
•
•
•�-� °°• 550 1471G1 1-
NOW TffiEFORE.nu Indenture Wltnewth,That the said part_of the first pact, In
mmtderadaa et the prmbme,mad the further cooddndon of the said sum of—Nelye Thousand
SAS Handfed and mail(d-- —='-----'-"------ nolbn.
to him la head paid by the said p rtZ ..r the axed part,the receipt of which is hereby
tebewMu4h� r+iiad any—l.ed by Urea Greer aae• w andcony mate the said
wry--urgesaaaad msaIPa elre data buttress ad estate of the
add dertrde latell. Ward as if sold or conveyed by Itn._
'/ '-'" - • _ sat a than when__a.he was mentally
-'s-marateat,is e d to the eafowteg dmeelbed real estate,sitnate,lying and being In the
—County of lead and State of Colorado.to-wit:
North one-half NO of Northwest Quarter (NY})
Seett= 1, Tap. 1 North, Range 64 West of 6th
P. E.
v - .:: _- %o niin ham
i e _ litatriVatr
tutttt
Mrt.
tr.w.w ra=fl
•
•
TO HAVE MID T3 HOLD THE SAW;of*all the appurtenances thereinto belonging.or In
manatee apperteldet teem mew a tee sad Reboot of the said pares- atthesecondpaA-
its sad slam torn --
Wf1NEaa WHEREOF.The meld pa.c-E—^r the fleet pert,se Conaerr,Sor
- of said estate NN afsaemei&be - sat Ala—bat—and seal_the day and year
find ber:te.baae written.
- 'inarmad re� ` " _—teal tfa
j +4 (SEAL)
3 - Ast s Donaersuter ofthe Estate of
i - Gertrude beef, word
i r -
�^ •noon a_eag w bet.
i
I .
14716i
,0 , es! 550
STAIR OF COLORADO }I.
�' 3
City awl cored Care
The teeerear 6etrereet was aehaseledand been lee la lst day et
September .a 65 .b Andra Idaoaated0
, .•• Ceeaeeate et ebe LIS.d Oetrede flea, Card
• Ilij\ wee. Oat. 3, 1%T
t
hand end IRMO ert.
• .. uiit�'• )',.G.-Qi7,. .._..A
j • :� ;, . p�pp�t•
I. 57119311 C. tart eI Oe�Ceat of on Comity end State
aged.de eenb net the nit end t naebf so to a tree.whet awl osnoistio oep of Otder Coatis-Sax —
d.
MY to S.ester et W {Stele et — On=SC—� I h�
lyla�rylj 1?
IN wrnaUS 1r81lSOP,I haw L. J.at 4 Seed end abloom*the sal d said Court tio.._
day et �pta�r It65
1
i - SUMO C. ACS
1ATL~tie% owe P iNe
:`," '
,---. �� _3.` •. J:
1 °t
I .4..
es
.11
— l 1'- I t .
" ,1 it
fl Nti. a
a 81Sat ' . . E _.
z
9
_ Zs.. - al iimi
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or
q, ' cal, r . . :v i,?, .a••) s; i ' •
D.oc. Fee a 11.60 /
Val.= 516,000.00 6
tat 595 a wa• it—:.., t a 5 166E
• as w 1517776 ...,3,0.,,M.S.
N g ` l
Y±. � C
r • EXECUTOR'S DEED ac
iotn
. 1
I I
it,. TMIS DEED, made May 31, 1968, by and between The Colorado National I . 'r
i I n
•S t tank of Denver, as Executer of the Estate of Henry bosky, deceased, Grantor 1
•� and Citizens insurance Agency, Inc., • Colorado arporatlenx Grantee,
•
WITNESSETH:
•
TWAT, wHEREIS, Grantor is the qualified Executor under the Last •
Will and Testament of the above-named decedent, which was admitted to pro-
- bate on July 18, 1966, by the District Court in and for the County of Weld, •
State of Colorado, Estate No. P-10171; and,
1
i WHEREAS, Articles EIGHTH and FIFTH of said last will and Testament
IF provide in pertinent pert, as follows:
"EICNTN:...giving and ing to myExecutor the same '
/.., broad powers of retention, sale, conversion, Investment '.j
and wnnegament of my estate, real and personal, as are
' granted to my Trustee under this will..." '
• and,.
"FIFM:...the Trustee shall hen power per and authority, tw .
•
without the necessity of obtaining the consent of any
court..."
'r4 f "(3).Te sell, convert, assign, convey, excha raga, trans- ,c
' • fer or °theorise dispose of, or grant options with respect .v
g,. ? to, any or all securities or other property, real or per-
O.
.� ._; sonel, at any time constituting pert of the Trust Estate, ..o
.at public or private sale, for such consideration and upon
such terms and conditions as the Trustee shall deem pelvis- . 'o'
H
� . ' able, and without liability on the part of the purchaser
' ;
Dx . to menge the application of the purchase money or to in- - e
aA • .quire into the validity or propriety of such sale; and to -
• —I • litg ate and deliver good and safficleet deeds for any real
6 II,
wani• • -
estate, conveying title free and clear of all trusts..."
+ , ..
''' 1•'
ix' NOW, THEREFORE, pursuant to the power contained in said Will I1
i
:ry .a and le consideration of the son of Sixteen Thousand and 113/100 Dollars I
e ($16,000.00) the Grantor does hereby sell and convey unto the Grantee, d
A
't x
: p the following-described real property situated in the Canty of Weld, i
i f
State of Colorado, to wits •, .
Si i
.1 3�
try
• :i
Y..y - _ - tJ
-s. si
i aft.
• LI
,p
f -
i 'rte `•. ,
•
boor 5 - 1517226
•The SOW of Section 1, Township I North, Range 60 Vest of `
the 6th P.11., being 5o acres more or limn.together with an r
undivided e-third Interest In the crop planted on said -
an
land for harvest In 1965, said crop to be delivered to the t
elevator in Keenesburg, Colorado; subject to reservations,
actions, rights-of-way, or easements of record or as --
V..'
now existing,
Y.-
with all appurtenances.
Lusatia{ Lusatia the day and year first above written.
�. ... ..
- "•v r\ TIE COLORADO NATIONAL SANK OF DENVER
'e t a f_ • as Executor of the Estate of Henry
II- Bosky, daces
1 :I Ltd
b. kBA1-
Vice President t Off r
•
ATTEST:
At, g.
Perfon l Trust Officer
•
STATE OF COLORADO
ss.
n rl CITY AND COUNTY OF DENVER I
i The foregoing lnstraaeat was acknowledged
before en this ..q(41-
+, ; May, 1965, by Kenneth V. Cauyhey. Vice President and Trust Officer
and Joann C. Ward as Personal Trust
Officer of The Colorado National Bank of Denver, as
`I Executor of the Estate of Spiry Bosky, deceased.
•.I Witness my hand and official seal.
I My commissionNo '--"tary C. � /9+
expires: tl 0'Ip;' .
317,0
cwi
: rot ;°,4`s'
s a1Q,. ,:
.t °.i:. ...:'o
•
•
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> -
I ' .
_ , , i'a,.
if4 ..,
7:1 e755 Recorded .3ts eeak..PM, DEC 181975
__ _ Reeopdon No..is' psi S. LR a.cyc� •._,
'.
M ..
—. Recorder. aJ
CITIZEAS INSURANCE AGENCY, INC., a Colorado
i Corporation, whose address is Keonesburg, Colorado H
i
I I whose address is State Documentary Fee i f ti
c• County of Weld .State of Dat&_g .C- . 971_. i , .
$ A
0o Colorado ,for the consideration of One r o
Thousand >^>
� . dollars,in hand paid,hereby sells) and convey(s) toIttL
�''� Gag
e
II flare U. Sines, a single person,
IF
- a .I whoeeaddressia . Koenesburg , county of II e
•tn M
_ •, .1 geld ,and State of Colorado the fo!owmg real property in the Ii .r
O. .
sr--94 it • County of Weld .and State of Colorado,to wit: II o
it
f'� Northwest Quarter (.NW!4) of Section 1, Township I North, Range 64
w I West of the 6th. P.M., Weld County, Colorado, �I is-.)-
-;
ii -i_` by virtue it p All . g..t5 Y_._e of incln len of der ribnd property within the' cl,
boundnies of the Ilonrylyn Irrigation District are hereby assigned. II o
Il
All rights in Surface Owner's Agreement entered into with Champlin
Petroleum Company are hereby assigned. ..
II
•
iI
II I
I
with all its appurtenances, and warrant(s) the title to the same,subject to The lien of a
mortgage to the Federal Land Bank of Wichita in the sum of $44,000.00, executed
,i or to be executed by the grantee named herein.
o Signed this 17th day of fecewber .1975
II AT+;'IRc;rtl�I . CITIZENS SU 4 C GENCY, INC.
:. X _. . .__.II . ........_..__......__.._.._...
% : igt , y.IVecretary C. I, Starks, President
S)0I.0RAD0
f,''Spirit FtpgL of :fold �' .
, e g instrument was acknowledged before me this 17th.
dar�;�, ,y 1•' ,1975 by C. II. Starks as President of Citizens Insurance �ro�
AgemL�!R P' .and attested to by Philip G. Bayles as Secretary.
';" r. e1$iin.MOMS r..,•.e ) )7 7.9 I
'CC./a ��✓y'.,Lksa and official seal.
'^ :Cis U i IN'.. a j�.c..T �r-,�,� ,
lit)raft
lI "=,,1;3,..„„.......,..°`
III
No.ea7. wanner Drs—Shortyea—IMM1N rnwMM C..IYHa Mow Won.Dan,.G4n6—-1
IUIN IHII UHNI HII Si H11111 NI IIHI IIH 1111
2963390 0612112002 03:56P Weld County,CO
M 1 of 2 R 10.00 0 6.50 LA."or Tsukamoto
'a", WARRANTY DEED
THIS DEED, Made this 15th day of May, 2002 between
Marc D. Sirius State Documentary Fee
of the County of Weld aor, and o
State of Colorado, grantor, and
„1'/Rodney g. Cole and Susan S. Cole �
�whose legal address is Vacant Land, xeenesburg, Colorado $0644
of the County of Weld and State of Colorado, grantees:
WITNESS that the grantor for and in consideration of the sum of SIXTY FIVE THOUSAND
AND 00/100, ($65,000.00) 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 confirm unto the grantees, their heirs and assigns
forever, not in tenancy in cowman but in JOINT TENANCY, all real property, together
with improvements, if any, situate, lying and being in the County of Weld and State
of Colorado, described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
also known by street and number as Vacant Land, Xeenesburg, Colorado 80643
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 granter, either in law or equity, of, in
and to the above bargained premises, with the hereditaments and appurtenances.
TO HAVE AND TO BOLD 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 heirs and assigns, that at the time of the
ensealing 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 fee simple, and has good right, full power and lawful authority to grant,
bargain, sell and convey the same in manner and form aforesaid, and that the same are
free and clear from all former and other grants, bargains, sales, liens, taxes,
wants, encumbrances and restrictions of whatever kind or nature soever, except
general taxes for 2002 and subsequent years; except easements, restrictions,
covenants, conditions, reservations and rights of way of record, if any;
i-. RESERVING HOWEVER, unto grantor, all oil, gas and other minerals presently owned by
said grantor, if any, in, on, under, upon and that may be produced from said premises,
TOGETHER WITH the rights of ingress and egress necessary to explore for, mine and
remove such oil, gas and other minerals.
in The♦e grantor
nto a shall and will WARRANT AND FOREVER DEFEND the above-bargained premises
against quie and peaceable possession of the grantees, their heirs and assigns,
hevery 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 t forth above.
4/2443-4
Marc D. Sirius
STATE OF COLORADO
) sa. The foregoing instrument was acknowledged before
County of Weld ) me this 15th day of May, 2002
by Marc D. Sirios -
Wi ens my ban and `icial seal.
ANNETTE M.BENNET commission esl lL
NOTARY PUBLIC
STATE OPIX)LORADO
Comnakon DNS'3#2/2008 NOTARY PUBLIC
15 South 4th Avenue
No. 921A. Rev. 3-85 " O5--Zok n Brighton, COLORADO 80601
,�"� a J / l�J/
1111111 VIII P11111/III/Oil II h.41 III Hill II'I Ian 1SION TITLE . BR. RI OFFICE ®005
2963380 06/21/2002 03:56P Weld County.CO
2 of 2 R 10.00 D 6.50 J.A."SuW"Teukamoto
•
TRANSNATION TITLE INSURANCE COMPANY
Commitment No. : 8057296E C-2
SCHEDULE A - Continued
LEGAL DESCRIPTION
Lot B of Recorded Exemption No. 1475-1-2 RE3159, recorded April 22, 2002
as Reception No. 2944737, being a part of:
The NW1/4 of Section 1, Township 1 North, Range 64 West of the 6th P.M.,
County of Weld, State of Colorado.
EXCEPT a strip of land conveyed to The Henrylyn Irrigation District by
deed recorded April 26, 2001 as Reception No. 2843703.
Page 2
•
REQUEST FOR I'AR'I'IAI,RELEASE OF DEED OF TRUST •
AND PARTIAL RELEASE
•
May 3, 2002 _ Date
Marc D. Sirios Original Grantor
(Borrower)
Roggen Farmers Elevator Associaton Original Beneficiary
(Lender)
February 1, 2002 Date of Deed of Trust
April 1, 2002 Recording Date of
Deed of Trust
Weld County of Recording
2938425 Reception and/or Film Nos.of Recorded Deed of Trust
Reception No. Film No.
Book and Page of Deed of Trust •
Book No. Page No.
TO THE PUBLIC TRUSTEE OF
Weld County(The Public Trustee to which the above Deed of Trust conveys the said property.)
Please execute this partial release,as the indebtedness secured by the Deed of Trust has been partially paid and/or the purpose of the
Deed of Trust has been partially satisfied.
RoQgen Farmers Elevator Association
Current Owner and Holder of the Indebtedness Secured by Deed of Trust(Lender)
Terry Seelhoff, General Manager
Na and Title of Agent or Officer of Current Owner and Holder f ,,c
Signawie ,Fr
•
V:yg
III' F Ir
S of Coloraddrto,,Cottllry of , I..60%;tiy f/)� r: �s�a f
44. ��lA •: s 57%, �k
The foregoing request for partial release was acknowledged before me on r ,t ..,•_ r rKrfi'� * S. �, _,
X91 ry l" •
—(dale)by I t e .per
_— Witnesq Q '11N+A'a Sf14J . ;1 I,v
r �,§ygt41.>l \•_. I I r 5 5 fir,. r•
ap t:
R) • f t�,)
y Zre fr ?theet�c4ri 4 a•
r ..9
Date Commission Expires r t cd,stegC �'
PARTIAL RELEASE OF DEED OF TRUST
WHEREAS,the above referenced Grantor(s),by Deed of Trust,conveyed certain real property described in said 1leMdbpllrust to
the Public Trustee of the County referenced above,in the State of Colorado,to be held in trust to secure the paymealbededebtedness
referred to therein;and ► --
rd
WHEREAS,the indebtedness secured by (he Deed of Trust has been partially paid and/or the purpose of the Deed of Trust has
been partially satisifed as set forth in the written request of the current owner and holder of the said indebtedness.
NOW TIIEREFORE, in consideration of the premises and the payment of the statutory sum, receipt of which is hereby acknowl-
edged,I,as the Public Trustee in the County first referenced above,do hereby remise, release and quitclaim unto the present owner or
owners of the real property hereinafter described, and unto the heirs, successors and assigns of such owner or owners forever,all the
right,title and interest which I have under and by virtue of the aforesaid Deed of Trust in that portion of the real property described as
follows: only that property set forth on the attached Exhibit I'A1e which is
• incorporated herein by this reference.
TO HAVE E AND TO I TOLD THE SAME,with all the privileges and appurtenances thereunto belonging forever;and further,that as
to the property described above,I do hereby fully and absolutely release,cancel and forever discharge said Deed of Trust.
State of Colorado,County of BY Deputy Public Theta
The foregoing instrument was acknowledged before me on
(date)by
as the Witness My Hand and Seal
Public Trustee of
5 County,Colorado.
Date Commission Expires
CI Notary PublIc
Qstl *If applicable,inert Mlleofagent or officer and name of current owner and holder.
OV Original Note and Deed of Trust Returned to:
W
pC
Z Received by
Name and Address of Person Creating Newly Created Legal Description t§38.35.106.5,C.R.S.)
No.927.Rey.6-92. (REQUEST FOR)PARTIAL(RELEASE)OF DEED OF TRUST V (Li i
Bradford Publishing,1743 Waite St.,Denver,CO 80202—(303)292-2500—2-99
b5/tki/219112 lb: 4i y/U35231ty`i-. wubti r J
[11111111111111101 11111IIIIIIIiiiIIIIIIIIIRIIII 101
•
'‘t 2938425 04/01/2002 03:14P JA Suki Tsukamoto
. 1 of 4 R 20.00 D 0.00 Wald County CO •
DEED OF TRUST
•
THIS INDENTURE,Made this let day of February oeir 200,2 •
between' Marc D. Sirios
whose address is
•
hereinafter referred to as grantor,and the Public Trustee of the 'County of
Weld ,State of Colorado,hereinafter referred to es Public'Rustee,
WITNESSETH,THAT WHEREAS. ,IM}( Sirius Farms, Inc. , Sheri L. Sirios, Marc D. Sirios
and Helen I. Sirios have
hauccuted a promissory note or notes,hereinafter referred to in the singular,dated February 1, 2002 ,for the
principal sum of Eighty—Five Thousand Seventy—Three and 76/100 ($85,073.76)
Dollars,
pyableto the order of Roggen Farmers Elevator Association
whose address is P.O. Box 8, Roggen, CO 80652
after the date hereof,with interest thereon from the date thereof
at the rate of 11 per cent per annum,payable on demand by Payee
AND WHEREAS,the grantor is desirous of securing payment of the principal and interest of said promissory note
in whose hands soever the said note or any of them may be.
NOW THEREFORE, the grantor, in consideration of the premises and for the purpose aforesaid, does hereby I
grant, bargain, sell and convey unto the said Public Trustee in trust forever, the following described property,situi(e in
the County of Weld ,State of Colorado, to wit:
All of that set forth ot; the attached Exhibit "A" which is incorporated
herein fully by this reference.
•
•
•
elf in Denver.insert"City and".
Ne.840A.Rev.642. DUD OF TRUST(Public hum)With Cvi en Salt Clause a V
andtont Publbhine,17e5 Wane St,Denver,CO 10201—0071 191-2500—7.97
Ca09rWit 1915
lJUliki k'Nut kii/U�
lib/08/21N2 16: 4.i y/11.i5L:ilb:-. ^
1111111 III
2938426 04/01/2002 03:14P JA Sukf Tcukamotd
of 4 R 20.00 D 0.00 Weld County CO
alsodoxisandiratstramandismanbasx
TO HAVE AND TO HOLD the same, together with all and singular the privileges and appurtenances thereunto
belonging: In trust nevertheless,that in case of default in the payment of said note,or any of them,or any part thereof,or
in the payment of the interest thereon according to the tenor and effect of said note, or any of them,or in the payment of
any prior encumbrances,principal or interest,if any,or in case default shall be made in or in case of violation or breach of
any of the terms,conditions, covenants or agreements herein contained, the beneficiary hereunder or the legal holder of
the indebtedness secured hereby may declare a violation of any of the covenants herein contained and may elect to
advertise said property for sale,and demand such sale by filing a notice of election and demand for sale with the Public
Trustee. Upon receipt of such notice of election and demand for sale,the Public istee shall cause a copy of the same to
be recorded in the recorder's office of the county in which said property is situated. The Public Trustee shall then give
public notice of the time and place of sale by advertisement to be published for four weeks (once each week for five
successive weeks)in some newspaper of general circulation at that time published in the county or counties in which said
'property is located. A copy of such notice shall be mailed within ten days after the date of the first publication thereof to
the grantor at the address given herein,to such person or persons appearing to have acquired a subsequent record interest
in said property at the address given in the recorded instrument, and to any other person or persons as may be provided
by law. It shall and may then be lawful for the Public Trustee to sell said property for the highest and best price the same
will bring in cash and to dispose of the same(en masse or in separate parcels,as the said Public Trustee may think best),
'together with all the right,title and interest of the grantor,his heirs or assigns therein,at public auction at any place as may
be specified by statute and designated in the notice of sale. The Public Trustee shall make and give to the purchaser or
purchasers of such property at such sale a certificate or certificates in writing describing such property purchased,and the
'sum or sums paid therefor, and the time when the purchaser or purchasers (or other person entitled thereto) shall be
entitled to a deed or deeds therefor, unless the same shall be redeemed as is provided by law. The Public Trustee shall,
upon demand by the person or persons holding the said certificate or certificates of purchase,when said demand is made,
or upon demand by the person entitled to a deed to and for the property purchased at the time such demand is made,the v
time for redemption having expired, make and execute to such person or persons a deed or deeds to the said property
purchased. Said deed or deeds shall be in the ordinary form of a conveyance, and shall be signed, acknowledged and
delivered by the said Public Trustee and shall confirm the foreclosure sale and sell and convey to such person or persons
entitled to such deed, the said property purchased as aforesaid and all the right, title, interest, benefit and equity of
redemption of the grantor,his heirs and assigns therein.The Public Trustee shall,out of the proceeds or avails of such sale,
after first paying and retaining all fees,charges and costs of making said sale,pay to the beneficiary hereunder 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 by such beneficiary or legal holder of said note for insurance, taxes and assessments, with interest thereon at
1I3 per cent per annum,rendering the overplus,if any,unto the grantor,his legal representatives or assigns.
Said sale or sales and said deed or deeds so made shall be a perpetual bar,both in law and equity, against the grantor,his
.heirs and assigns, and all other persons claiming the said property, or any part thereof, by, from, through or under the
grantor,or any of them. The holder or holders of said note or notes stay purchase said property or any part thereof;and it
shall not be obligatory upon the purchaser or purchasers at any such sale to see to the application of the purchase money.
If a release deed be required, it is agreed that the grantor,his heirs or assigns,will pay the expense thereof.
And the grantor, for himself and his heirs, personal representatives or assigns covenants and agrees to and with the
Public Trustee, that at the time of the ensealing of and delivery of these presents he is well seized of the said land and
tenements in fee simple,and has good right,full power and lawful authority to grant,bargain,sell and convey the same in
the manner and form as aforesaid;hereby fully and absolutely waiving and releasing all rights and claims he may have in
or to said lands,tenements,and property as a Homestead Exemption,or other exemption,under and by virtue of any act
of the General Assembly of the State of Colorado,or as any exemption under and by virtue of any act of the United States' ' "$'
Congress,now existing or which may hereafter be passed in relation thereto and that the same are free and clear of ell liens
and encumbrances whatever,except
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The grantor shall and will,Warrant and Forever Defend the above bargained property in the quiet and peaceable
possession of the Public Trustee,against all and every person or persons lawfully claiming or to claim the whole or any
part thereof.
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Until payment in full of the indebtedness,the grantor shall timely pay all taxes and assessments levied on the property;
any and all amounts due on account of principal and interest or other sums on any senior encumbrances,if any;and will
keep all improvements on said lands in good repair insured against any casualty loss,including extended coverage,by a
• company or companies meeting the net worth requirements of the beneficiary hereof in an amount not less than the then
total indebtedness,including senior encumbrances.Each policy shall contain a loss payable clause naming the beneficiary
as mortgagee and shall further provide that the insurance may not be canceled upon less than ten days written notice to
the beneficiary. At the option of the beneficiary the original policy or policies of insurance shall be delivered to the
beneficiary as further security for the indebtedness. Should the grantor fail to insure and deliver the policies or to pay
taxes or assessments as the same fall due, or to keep the property in good repair, or to pay any amounts payable upon
'senior encumbrances,if any,the beneficiary may make such repairs or any such payments or procure any such insurance
withopt being required to do so,and all monies so paid with interest thereon at the rate of 18 %per annum shall
be added to and become a part of the indebtedness secured by this Deed of Trust and may be paid out of the proceeds of
the sale of the property,if not paid by the grantor.In addition,and at its option,the beneficiary may declare the indebted-
ness secured hereby and this Deed of Trust to be in default for failure to procure insurance or make any payments or
repairs required by this paragraph.
If all or any part of the property or an interest therein is sold or transferred by the grantor without beneficiary's prior
written consent,excluding(a)the creation of a lien or encumbrance subordinate to this Deed of Trust,(b)the creation of
a purchase money security interest for household appliances,(c)a transfer by devise,descent or by operation of law upon
the death of a joint tenant or (d) the grant of any leasehold interest of three years or less not containing an option to
purchase,beneficiary may, at beneficiary's option, declare all the sums secured by this Deed of Trust to be immediately
due and payable. Beneficiary shall have waived such option to accelerate if, prior to the sale or transfer,beneficiary and
the person to whom the property is to be sold or transferred reach agreement in writing that the credit of such person is
satisfactory to beneficiary and that the interest payable on the sums secured by this Deed of Trust shall be at such rate as
beneficiary shall request.
^ AND THAT IN CASE OF ANY DEFAULT,Whereby the right of foreclosure occurs hereunder,the Public Trustee or
the holder of said note or certificate of purchase,shall at once become entitled to the possession,use and enjoyment of the
property aforesaid,and to the rents,issues and profits thereof,from the accruing of such right and during the pendency of
foreclosure proceedings and the period of redemption. if any there be: and such possession shall at once be delivered to
the Public Trustee or the holder of said note or certificate of purchase on request, and on refusal, the delivery of such
possession may be enforced by the Public Trustee or the holder of said note or certificate of purchase by any appropriate
civil suit or proceeding, and the Public Trustee,or the holder of said note or certificate of purchase,or any thereof,shall
be entitled to a Receiver for said property, and of the rents, issues and profits thereof, after such default, including the
time covered by foreclosure proceedings and the period of redemption, if any there be,and shall be entitled thereto as a
matter of right without regard to the solvency or insolvenoy of the grantor or of the then owner of said property and
without regard to the value thereof,and such Receiver may be appointed by any court of competent jurisdiction upon ex
parte'application and without notice—notice being hereby expressly waived—and all rents,issues and profits,income
and revenue therefrom shall be applied by such Receiver to the payment of the indebtedness hereby secured,according to
the law and the orders and directions of the court.
AND,That in case of default in any of said payments of principal or interest,according to the tenor and effect of said
promissory note aforesaid, or any of them, or any part thereof, or of a breach or violation of any of the covenants or
agreements herein,by the grantor,his persgpal representatives or assigns,then and in that case the whole of said principal
sum hereby secured,and the interest thereon to the time of the sale,may at once,at the option of the legal holder thereof,
become due and payable,and the said property be sold in the manner and with the same effect as if said indebtedness had
matured,and that if foreclosure be made by the Public Trustee,an attorney's fee of
a reasonable sum for services in the supervision of said foreclosure proceedings shall be
allowed by the Public Trustee as a part of the cost of foreclosure, and if foreclosure be made through the courts a
reasonable attorney's fee shall be taxed by the court as a part of the cost of such foreclosure proceedings.
It is further expressly understood and agreed that all the covenants and agreements herein contained shall extend to
and be binding upon the heirs,personal representatives,successors and assigns of the respective parties hereto.Whenever
used,the singular number shall include the plural,the plural the singular,and the use of any gender shall be applicable to
all genders.
Executed this day of � -/$ 2002///t
ATTEST. / " e `� •/
Marc D. rios
.) •
�1 ' 15(lr'l',' •Y IlJ
St a of Colorado
d% 1'f);i(,l<. • ountylof WELD 1u.
The btell ggnIntdlment was acknowledged before me this )341— day of MQ.r o►1 , a NO ,
by Marc D. Sirius
1{ e i ir1 .: ...
Witness my band and seal.p 617 t><Q r-�• Q'11.1
My commission expires: 0 '(-y'o2 tog Nair Public
Name sad Addeen of Penn Cam/Newly CnUM Seel Deecdp,inn 4 1411406.5.CAS)
— wutsd
HAUL 05/05
U• 111111111111I111111111111111111111111III11I1I111IIIII
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EXHIBIT "A"
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.ze NW1/4 of Section 1, Township 1 North, Range 64 West of the 6th D.M. ,
County of Weld, State of Colorado .
EXCEPT a strip of land conveyed to The Henrylyn Irrigation Distri_t by
deed recorded April 26, 2001 as Reception No . 2843703 .
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1Y
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TRANSLATION TITLE INSURANCE COMPANY
15 South 4th Avenue
. Brighton, CO 80601
(303) 655-9595
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Escrow Officer: Billie Dodd Title No. : 80572966
Escrow Officer Date : May 15, 2002
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BUYER'S CLOSING STATEMENT
Buyer(s): Rodney P. Cole Seller(s): Marc D. Sirios
Susan J. Cole
Property: Vacant Land
Keenesburg, Colorado 80643
Lot B, South 5 acre lot of NE1/4 of
S1, T2N, R64W of the 6th PM
DEBIT CREDIT
Contract Sales Price $65,000.00
Deposits by Buyer 1,000.00
PRORATIONS COUNTY TAXES a $26.08/year 01/01/02 to 05/15/02 9.57
LENDER CHARGES:
RESERVES
TITLE CHARGES
REAL ESTATE CLOSING FEE, 75.00
TAX INFORMATION SERVICES 20.00
RECORDING FEES, TRANSFER TAXES
Warranty Deed _ 10.00
DOCUMENTARY FEE 6.50
ADDITIONAL CHARGES '
1/2 Transaction Fee Caldwell Banker Moore and Company 99.50 `°
SUB TOTAL 65,211.00 1,009.57
RECEIPT DUE FROM BUYER — 64,201.43
A
$65,211.00 $65,211.00
The above figures do not include sales or use taxes on personal property.
THE ABOVE DEDUCTIONS, ADJUSTMENTS, DISBURSEMENTS ARE HEREBY AUTHORIZED AND APPROVED.
, a-, (`�=E, Broker Caldwell Banker Moore and Company
-^ Rodney P. Cole ,/ %' \ `��
(((/// �7 By: ---- -
.-Oat ' f s'-�1.c /
Susan J. Cole Transnation Title Insurance Company
By: Billie Dodd
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