HomeMy WebLinkAbout20012506 RESOLUTION
RE: APPROVE REQUEST FOR RELEASE OF DEED OF TRUST AND RELEASE WITH
RUBADUE WIRE COMPANY INC. AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Request for Release of Deed of Trust
and Release, to release a part of Tract "D" Weld County Business Park PUD, Section 31,
Township 6 North, Range 65 West of the 6th P.M., executed June 15, 1994, by the Rubadue
Wire Company, Inc., in favor of the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, and
WHEREAS, after review, the Board deems it advisable to approve said request, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Request for Release of Deed of Trust and Release to the
County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, from the Rubadue Wire Company Inc. be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said Request for Release of Deed of Trust and Release.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of September, A.D., 2001.
BOARD OF C NTY COMMISSIONERS
WELD CO , COLORADO
ATTEST:
Weld County Clerk to g 45Z9
We Glenn Vaad, iu-
BY: /
Deputy Clerk to the Bo '• � ' `1.
Wil ' H. Jerke
AF9R D AS RM:
/ David . Long
unty ttorney EXCUSED DATE OF IGNING AYE
Robert D. Masden
2001-2506
PR0022
111111111111 Illit111111111111111111111111111 III 11111 t it l
2891666 10/12/2001 03:19P JA Suki Tsukamoto
1 of 1 R 5.00 0 0.00 Weld County CO
666 =-
REQUEST FOR RELEASE OF DEED OF TRUST AND RELEASE
(WITHOUT PRODUCTION OF EVIDENCE OF DEBT PURSUANT TO§38-39-102(3.5),C.R.S.)
September 5, 2001 Date
Rubadue Wire Company Inc. Original Grantor(Borrower)
Weld County Government Original Beneficiary
(Lender)
June 15, 1994 Date of Deed of Trust
July 6, 1994 Recording Date of
Deed of Trust
We 1 d County of Recording
02396359 Book 1449 of Recorded Deed of Trust
Reception No.and/or Film No. and/or Book No./Page No.
TO THE PUBLIC TRUSTEE OF
We 1 d County(The Public Trustee to whom the above Deed of Trust conveys the said property.)
PLEASE EXECUTE AND RECORD A RELEASE OF THE ABOVE-DESCRIBED DEED OF TRUST pursuant to§38-39-102(3.5),
C.R.S.In support of this Request for Release of Deed of Trust,the undersigned,as the owner of the evidence of debt secured by the above-
described Deed of Trust or the agent or attorney thereof,in lieu of the production or exhibition of the original evidence of debt with this
Request for Release,certifies as follows:
I. The purpose of the Deed of Trust has been fully satisfied.
2. The original evidence of debt is not being exhibited or produced herewith.
3. The owner of the evidence of debt agrees that it is obligated to indemnify the Public Trustee pursuant to§38-39-102(3.5)(a),C.R.S.for
any and all damages,costs,liabilities,and reasonable attorney fees incurred as a result of the action of the Public Trustee taken in
accordance with this Request for Release.
4. It is one of the entities described in§38-39-102(3.5)(b),C.R.S.
Weld County Government
Current Owner and Holder of the Indebtedness Secured by Deed of Trust(Lender)
M. J. Geile, Chair, Board of County Commissioners
Name and Title of. o�`.yl.+.`Current Owner and Holder
!th Street, PO Box 75=1�s, 1. �N• 80632
mer
st: iltad
j is6P
State of Colorado,County of Weld ��� Diu ` _ " ' ' // •
✓,-
The foregoing Request for Release was acknowled r f/e a uty Clerk to the :fit O/d •
s
September 5. 2 01 �[rA.'. - , � Witness my hand and cr •5DONNAJ.'�
M .1. G•;1 - , Ch it ` � BECHLER
Board of County Commissioners • -
• •
Date Commission Expires : °F •'::`•
RELEASE OF DEED OF TRUST MyCWWUNw fiplinApWO l •1004
WHEREAS,the above referenced Grantor(s),by Deed of Trust,conveyed certain real property described in said Deed of Trust to the
Public Trustee of the County referenced above, in the State of Colorado, to be held in trust to secure the payment of the indebtedness
referred to therein;and
WHEREAS,the purpose of the Deed of Trust has been fully satisfied according to the written request of the current owner and holder
of the said indebtedness;
NOW THEREFORE,in consideration of the premises and the payment of the statutory sum,receipt of which is hereby acknowledged,
I,as the Public Trustee in the County first referenced above,do hereby remise,release and quitclaim unto the present owner or owners of
said real property,and unto the heirs,successors and assigns of such owner or owners forever,all the right,title and interest which I have
under and by virtue of the aforesaid Deed of Trust in the real estate described therein,to have and to hold the same,with all the privileges
and appurtenances thereunto belonging forever;and further I do hereby fully and absolutely release,cancel and forever discharge said Deed
of Trust.
OCT 1 2 2001 MARY HERGERT
State of Colorado,County of WELD
Public Trustee
The foregoinoiystrur was acknowledged before me on
s
a hy by
DONNA L SCH P T a
(d /
as the Deputy Public Trustee
Deputy Public Trustee of Witness my hand and official seal r y
• WELD County,Colorado. -AA........
PV t\I
!UNE 13, 2005 0,..•""
Date Commission Expires a As •
�" `t• l)
la • • 111
•I1 applicable,insert title of agent or officer and name of current owner and holder. N.1.Am.
li i
Original Deed of Trust Returned to: �'•., .'O/
(
l A
Received by Clerk to the Board. PO Box 758, Greeley, CO 80632 o (;oLsN_I
No.1197. REQUEST FOR RELEASE/RELEASE OF DEED OF TRUST(p8-39-102(3.5),C.R.S.) ''R�ij''
Bradford Publishing,1743 Wazee St.,Denver,CO 80202-(303)292-2500—www.bradfordpublishing.com—10-00
AK2396259
Recorded at o'clock
Reception No.
DEED OF TRUST
THIS DEED OP TRUST, dated June 15, 1994, between RUBADUE WIRE COMPANY, INC., the grantor herein, whose address is 11080
Rose Avenue, Fontana, California 92337, and the PUBLIC TRUSTEE of the County of Weld, in the State of Colorado.
Witness:
The grantor, to secure a promissory note dated June 15, 1995, for the total principal sum of seventy Thousand Eight
Hundred Seventy-Two and 12/100 dollars ($70,872.12), payable to the order of the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, the beneficiary herein, whose address is 915 Tenth Street,
Greeley, Colorado 80631, after the date thereof, with no interest due thereon and subject to the provisions and
conditions for forgiveness as set forth in said promissory note, does hereby grant and convey unto said Public Trustee
the following described property, situate in the County of Weld, State of Colorado, to wit:
The real property described in the attached Exhibit "A".
also known by street and number as 1311 North 17th Avenue, Greeley, Colorado 80631.
TO HAVE AND TO HOLD the same together with all its appurtenances, in trust nevertheless, that in case of default in the
payment of said note or any part thereof, or in the performance of any covenants hereinafter set forth, then upon the
beneficiary (note holder) filing notice of election and demand for sale, said Public Trustee, after advertising notice of
said sale weekly, for not less than four weeks, in some newspaper of general circulation in said County, shall sell said
property in the manner provided by law in effect at the time of filing said notice and demand, at public auction for
cash, at any proper place designated in the notice of sale. Out of the proceeds of said sale said Trustee shall retain
or pay first all fees, charges and costs and all moneys advanced for taxes, insurance and assessments, or on any prior
encumbrance, with interest thereon, and pay the amount due on said note, rendering the overplus (if any) unto the
grantor; and after the expiration of the time of redemption, said Trustee shall execute and deliver to the purchaser a
deed to the property sold. The beneficiary may purchase said property or any part thereof at such sale.
The grantor covenants that at the time of delivery of these presents, he is seized of said property in fee simple,
and that said property is free of encumbrances, except the promissory note and deed of trust securing the same in favor
of Bank One, Greeley.
The grantor also covenants that he will keep all buildings insured with a company approved by the beneficiary for
fire and extended coverage in an amount equal to the unpaid balance of said note with loss payable to the beneficiary,
will deliver a copy of the policy to the beneficiary, and will pay all taxes and assessments against said property and
amounts due on prior encumbrances. If grantor shall fail to pay insurance premiums, taxes, or amounts due on prior
encumbrance, the beneficiary may pay the same and all amounts shall become additional indebtedness due hereunder, and in
case of foreclosure, the grantor will pay all reasonable attorney's fees incurred by the beneficiary.
Should the beneficiary hereunder be made a party to any action affecting this deed of trust or the title to said
property, the grantor agrees that all court costs and a reasonable attorney's fee paid by the beneficiary shall become
additional indebtedness due hereunder, and the grantor does hereby release and waive all claims in said property as a
homestead exemption or other exemption now or hereafter provided by law.
It is agreed that in case of default in payment of said principal or interest or a breach of any of the covenants
herein, then said amount hereby secured may at the option of the beneficiary become due and payable at once, anything in
said note to the contrary notwithstanding and possession of said property will thereupon be delivered to the beneficiary,
and on failure to deliver such possession the beneficiary shall be entitled to a receiver for said property, who may be
appointed by any court of competent jurisdiction.
Whenever usogd•herein the singular number shall include the plural, the plural the singular, and the use of any
gendei'ehall be'app3,}cable to all genders. All of the covenants herein shall be binding upon th nnc 'ysyi
personal repoesent$tiVe, successors, and assigns of the parties hereto. j,�, f_ r 1 1. 4 D
0 "so,
, L
•Hxe`�:(Sed tRmgay-ff1M year first above written.
tl cm
O : 0 m '—C 01, �. OCT 1 1 2001
•
•?3
j1 v RUMOUR WI ANY, INC.
/p'/
AWES
r�E} , _ / MARY HERGERT
,) PUBLIC TRUSTEE
/ (ft/ 'T- coZ.vtiMY, COLORADO
S vygv Pt, y,)E�5 H , Secretary 8d Ruba ue, President
STATE OF COLORADO)
COUNTY OP WEND t11
The feepodnOLFgairument was acknowledged before me this day of /4(C , 19�y, by
Ed RuDDdua Preside: • -due Wire Company, Inc.
My Commissldn.csfpits : � 7 'A , 19 0, Witness my hand and of1ic3'S�seal.
"„���,�«� - l / lc"ZCt�.1
.1 ✓ q'
Notary blic - %%f-/
_ # /Address/ / f —
_
No. 923B. Rev. 6-85 DEED OF TRUST (Public Trustee) without Due on Sale Clause 6-85
WHEN RECORDED RETURN TO:
B 1449 REC 02396259 07/06!94 15 : 52 $0 , 00 1 /0022
F ( 648 MARY ANN FEOERSTEIN CLERK & RECORDER WELD CO,
cO
90626
EXHIBIT "A"
A part of Tract "D" Weld County Business Park P.U.D. , a
subdivision within the City of Greeley, County of Weld,
State of Colorado, more particularly described as
follows :
Commencing at the Northeast Corner of Section 31,
Township 6 North, Range 65 West of the 6th Principal
Meridian, and considering the East line of the Northeast
Quarter (NE 1/4 ) to bear South 00° 00 ' 00" West, with all
bearings contained herein being relative thereto; thence
South 00° 00 ' 00" West along the East line of the
Northeast Quarter (NE 1/4 ) , a distance of 850 . 00 feet to
the Centerline of "M" Street; and thence South 90° 00 '
00" West along the Centerline of "M" Street, a distance
of 80 . 00 feet; thence along a curve to the left having a
radius of 500 . 00 feet, a central angle of 33° 00 ' 00" on
arc distance of 287 . 98 feet, the long chord of which
bears South 73° 30 ' 00" West, a distance of 284 . 02 feet;
thence South 57° 00 ' 00" West, a distance of 440 . 00 feet
to a point on the Centerline of 17th Avenue; thence along
the Centerline North 33° 00 ' 00" West, a distance of
82 . 26 feet; thence leaving the Centerline of 17th Avenue
South 57° 00 ' 00" West, a distance of 40 . 00 feet to a
point on the South Right-of-Way line of 17th Avenue, also
being the True Point of Beginning; thence South 57° 00 '
00" West, a distance of 708 .77 feet to the Westerly line
of Tract "D" ; thence along the Westerly line North 33°
00 ' 00" West, a distance of 200 . 00 feet; thence leaving
the Westerly line of Tract "D" North 57° 00 ' 00" East, a
distance of 708 . 77 feet to the South Right-of-Way line of
17th Avenue also being the Easterly line of Tract "D" ;
thence along the Right-of-Way South 33° 00 ' 00" East, a
distance of 200 . 00 feet to the True point of Beginning.
Said Parcel of land contains 3 .254 acres , more or less,
and is subject to any Rights-of-Way or other easements as
granted or reserved by Instruments of record or as now
existing on said tract of land.
8 1449 REC 02396259 07/06/94 15 : 52 $0 . 00 2/002
F 1649 MARY ANN FEt1ERSTEIN CLERK & RECORDER WELD CO, CO
940626
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