HomeMy WebLinkAbout20013112.tiff it
vLOYE, GLLES, O'KEEFE, VERMEIRE_ & GQRRELL LLP
October 22, 2001
Board of County Commissioners
Weld County
915 10th Street
P.O. Box 758
Greeley, CO 80632
Re: New Century Mortgage v. Satterfield,No. 00CV1308
Dear Gentlemen:
Alison J.Thayer Enclosed are pleadings relating to an action for partition of real property located in
Weld County. In particular, my client, New Century Mortgage Corporation, is seeking
Direct.303.292-7957
to partition property at 3392 Weld County Road 31, Ft. Lupton, Colorado 80621, in
alison chayer@moyelaw corn which New Century holds an undivided 25% interest.
Pursuant to Colorado Revised Statute §20-28-101(10)(C)(II), I am providing notice to
the Board of County Commissioners of Weld County of the pending partition action,
and notifying such Board of its right to join as a party in interest to the action.
Enclosed for your review are: (1) the Complaint for Partition of Real Property; (2) the
Answer; (3) Plaintiff s Initial Disclosures pursuant to C.R.C.P. 26; (4) Defendants'
Initial Disclosures pursuant to C.R.C.P. 26; and (5) Plaintiffs Motion for Summary
Judgment.
Very truly yours,
Moye, Giles, O'Keefe, Vcrmeire & Gorrell LLP
Alison J. Thayer
chm
Enclosures
cc: Michael P. Dugan
Malaika Carter
2001-3112
DISTRICT COURT, WELD COUNTY COLORADO `i - `'�
Case No. le1/4Y0 'Lv coq
COMPLAINT FOR PARTITION OF REAL PROPERTY
New Century Mortgage Corporation,
Plaintiff,
vs.
Kenneth A.Satterfield,Charles A.Satterfield,Joseph J.Satterfield,and All Unknown Persons
Who May Claim an Interest in the Subject Matter Real Property,
Defendants.
I. JURISDICTION AND VENUE
1. This matter affects real property located in the Weld County, State of Colorado.
Venue is proper pursuant to Colo. R. Civ. P. 98.
2. The subject matter real property is more particularly described as follows:
All that part of the South half of Section 15, Township 1 North, Range 66 West of
the 6th P.M., Weld County, Colorado, lying West of the West side of the Brighton
Lateral Ditch as the same is now constructed; except that portion thereof conveyed
to Joseph Brethauer and Frances L. Brethauer by Warranty Deed recorded October
10, 1961 in Book 1596 at Page 545, Weld County records.
Together with all improvements now or hereafter erected on the Property, and all
easements,appurtenances and fixtures now or hereafter a part of the Property and all
replacements and additions thereto.
Which has an address of 3392 Weld County Road 31, Fort Lupton, CO 80621 (the
"Property").
II. GENERAL ALLEGATIONS
1. On or about July 24, 1998, New Century Mortgage Corporation ("New Century"),
a California corporation, made a refinance mortgage loan in the amount of$82,000.00 to Howard
D. Satterfield. The promissory note was secured by a Deed of Trust, executed by Howard D.
Satterfield against his undivided 25% interest in the Property.
2. The indebtedness described in the Deed of Trust went into default,and New Century
proceeded with a Public Trustee's Foreclosure Sale,No. 20-058. As a result of the Public Trustee's
Foreclosure Sale, a Public Trustee's Deed was issued on November 2, 2000, evidencing the
conveyance of an undivided 25%interest in and title to the Property to New Century. A copy of the
Public Trustee's Deed was recorded on November 3, 2000, in the Real Estate Records of Weld
County at Reception No. 2804652, and is attached hereto as Exhibit 1.
3. Plaintiff and Defendants Kenneth A. Satterfield, Charles A. Satterfield, and Joseph
J. Satterfield (the "Satterfields") each own an undivided 25% interest in the Property.
4. The remaining Defendants may claim some right,title or interest in or to the Property
adverse to Plaintiff and the claims of said Defendants are without foundation or right.
5. There may be persons interested in the Property whose names cannot be inserted
herein because said names are unknown to New Century despite New Century's efforts to ascertain
the names of any said persons. These persons have been made Defendants and designated as All
Unknown Persons Who May Claim an Interest in the Subject Matter Real Property (the"Unnamed
Defendants").
WHEREFORE, Plaintiff requests the following relief:
a. For an order completely adjudicating the rights of all parties with respect to
the Property;
b. For a decree requiring the Unnamed Defendants to set forth the nature of their
claims,determining that each of the Unnamed Defendants have no interests,
estate or claim or any kind whatsoever in the Property, except for the
respective 25%interests of Kenneth A.Satterfield,Charles A. Satterfield,and
Joseph J. Satterfield in the Property and any encumbrances thereon, forever
barring and adjoining the Unnamed Defendants from asserting any claim or
title thereto;
c. For a decree quieting title of New Century and the Satterfields in and to the
Property and adjudging that New Century and the Satterfields are joint
2
owners of the Property in fee simple and jointly entitled to possession of the
Property;
d. For an entry of an order for partition, pursuant to which the Court shall
appoint one or more disinterested commissioners who shall take oath(s) to
fairly and partially make partition of the Property in accordance with a decree
of the Court;
e. If the commissioner's report and the Court finds that partition of the Property
cannot be made without undue prejudice to the rights of any interest party,for
an order directing the sale of the Property at public sale upon such terms as
the Court may fix;
f. For distribution of the proceeds of such sale in equitable shares to New
Century and the Satterfields, subject to any encumbrances which may exist
on either New Century or the Satterfields' interests, but not both; and
g. For such other relief as the Court deems proper.
DATED this 5th day of December, 2000.
Respectfully submitted,
MOYE, GILES, O'KEEFE,
VERMEIRE & GORRELL LLP
By:
Kevin Burr,No. 18724
Alison Thayer, No. 30338
29th Floor
1225 Seventeenth Street
Denver, Colorado 80202-5529
Telephone: (303) 292-2900
Attorneys for Plaintiff New Century Mortgage Corporation
3
1111111 lII' "4II IIII IIIIII IIII IIL.I!II VIII fill IIII —Retor._..
. 2804652 1. 22000 02:12P JA Sold Tsukamoto _
1 of 1 R 5.00 D 0.00 Weld County CO !i',
PUBLIC TRUSTEE-6 Ukl-t.v
L5cZ 20-058 l
Sale No.
THIS DEED is made Abetter 2 ,2000/,1$/ ,between
as the Public Trustee,of the
•County of Weld .Colorado,and
•
New Century Mortgage Corporation
.Grantee,the holder of the
I Certificate of Purchase. ❑Certificate of Redemption issued to the tenor last redeeming. whose legal address is
18400 Von Harman, Suite 1100, Irvine, Califotni¢a
WHEREAS, Howard D. Satterfield
did,by Deed of Trust dated July IA 24 .19 98 .and recorded in the office of the Clerk and Recorder
of the County of Weld .Colorado.on July ZU 14 .19909 ,
in Book ,Page ,(Film No. .Reception No, 2706541' 1
convey to the Public Trustee, in Trust,the property hereinafter described to secure the payment of the indebtedness
provided in said Deed of Trust and
WHEREAS,a violation was made in certain of the terms and convenants of said Deed of Trust as shown by the Notice
of Election and Demand for Sale filed with the Public Trustee(a duplicate of which was recorded in the office of said
County Clerk and Recorder):the said property was advertised for public sale at the place and in the manner provided by
law and by said Deed of Trust:Notice of Right to Cure and Redeem and Notice of Sale were given as required by law;said
property was sold according to said Notice of Sale:and a Certificate of Purchase thereof was made and recorded in the
office of said County Clerk and Recorder,and
WHEREAS,all periods of redemption have expired.
NOW,THEREFORE,the Public Trustee,pursuant to the power and authority vested by law and by the said Deed of
trust,confirms the foreclosure sale and sells and conveys to Grantee the following described property located in the
County of Weld ,State of Colorado.to-wit:
An undivided 25Z interest in and to the following:
All that part of the South half of Section 15, Township 1 North, Range 66
West of the 6th P.M., Weld County Colorado, lying West of the West side of the
Brighton Lateral Ditch as the same is now constructed; except that portion
thereof conveyed to Joseph Brethauer and Prances L. Brethauer by Warranty
Deed recorded October 10, 1961 in Book 1596 at Page 545, Weld County Records.
Together with all improvements oow or hereafter erected on the Property, and
all easements, appurtenances or fixtures now or hereafter a part of the
II Property and all replacements and additions thereto.
IIII
I� also known by street and number as 3392 Weld County Road 31, Fort Lupton, CO 80621
I
TO HAVE AND TO HOLD the same.with all appurtenances,forever.
Executed the day and year first above written.
---
/
• P.wa Thome" c..,or Weld .
S .of Colorado
B]
!
!I STATE OF COLORADO
County of ss.
The foregoing instrument was acknowledged before me this 2nd day of November ./72000.
by Mary Hergert as the Public Trustee of the
County of Weld ,State of Colorado.
`i.M.
J❑:.v ' dI P :;'.t.
6, 2004 ?:v�•
My commission expires \ /I �%o r, :'' ft
Witness my hand and official seal. t x ie-s' s:--.l l'�.lJ l am ' e
•tr in Den,mm-City and". L weun I„ue t
i GONNA
scr,:,tu
EXHIBITN �.a� dew,c P ..,.cmim �nmP ,os].cni; ..tio l
ig,. No.30.Rex.6-92. MILK'nurrtrs orro OF 0 �1�
9,w11ud Puwwsat I 74 wee Si_nm.a..CO 50202—Ikl]I xn:.]500-1.Y]
CERTIFICATE OF SERVICE
..t-
I hereby certify that on this 7 day of December, 2000, a true and correct copy of the
foregoing complaint was served on each of the following parties,via personal service and by United
States mail, postage prepaid, properly addressed as follows:
Howard D. Satterfield
3392 Weld County Road 31
Fort Lupton, CO 80621
Howard D. Satterfield
c/o Kenneth A. Satterfield
7814 Smokey Wood Lane
Houston, Texas 77066
Kenneth A. Satterfield
7814 Smokey Wood Lane
Houston, Texas 77066
Charles A. Satterfield
c/o Kenneth A. Satterfield
7814 Smokey Wood Lane
Houston, Texas 77066
Joseph J. Satterfield
c/o Kenneth A. Satterfield
7814 Smokey Wood Lane
Houston, Texas 77066
G:\N\Newcntry\Partition Complaint.wpd
4
DISTRICT COURT, WELD COUNTY,COLORADO
Court Address: 901 9th Avenue,Greeley,CO 80631
Mail Address: P.O.Box 2038,Greeley,CO 80631
NEW CENTURY MORTGAGE CORPORATION,
Plaintiff,
v.
KENNETH A.SATTERFIELD,CHARLES A.
SATTERFIELD,JOSEPH J.SATTERFIELD,AND ALL ♦ COURT USE ONLY
UNKNOWN PERSONS WHO MAY CLAIM AN
INTEREST IN THE SUBJECT MATTER REAL
PROPERTY,
Defendant.
Case Number: 00CV1308
Attorney:
Michael P. Dugan
1100 Eighth Avenue
Greeley,Colorado 80631
Phone Number: (970) 356-4343
FAX Number: (970)356-4345
E-mail: MPDUGANUSMA72@prodigy.net
Atty. Reg. #: 9687
ANSWER
COME NOW the defendants, Kenneth A. Satterfield,
Charles A. Satterfield, and the estate of Joseph J.
Satterfield, by Michael Satterfield and Michelle Daniels . ,
and answer the complaint as follows:
1 . The defendants admit paragraph 1 of the Complaint
in that the property is located in Weld County, Colorado.
2 . The defendants admit paragraph 2 of the complaint .
3. The defendants are without sufficient knowledge to
admit or deny paragraph 1 of the General Allegations .
4 . The defendants are without sufficient knowledge to
admit or deny paragraph 2 of the General Allegations .
5 . The defendants admit in part and deny in part
paragraph 3 of the General Allegations. Kenneth A.
Satterfield and Charles A. Satterfield each own an undivided
25% interest in the property, and that much is admitted,
but defendants state that Joseph A. Satterfield is deceased,
and his heirs are Michael Satterfield and Michelle Daniels,
so that that allegation is denied.
6. The defendants are without sufficient knowledge to
admit or deny paragraph 4 of the General Allegations .
7 . The defendants are without sufficient knowledge to
admit or deny paragraph 5 of the General
Allegations.
Affirmative Defenses
8 . The complaint fails to state a claim upon which
relief may be granted.
9. The defendant state that the property is
insufficient as a matter of law to allow partitioning and
that the County of Weld, state of Colorado is an
indispensable party as a result thereof.
10. Partitioning the property would unduly damage the
value of the property to the injury of the remaining owners.
11 . The equities of the case would prohibit the
plaintiff from partitioning the property.
12 . These defendants would suffer prejudice by both
partitioning and sale of the premises .
WHEREFORE the defendants pray that the complaint of the
plaintiff be denied, that they be awarded their costs,
including attorney' s fees, witness fees, expert and lay, and
such further relief as the court deems proper in the
premises .
Respectfully submitted this 5th day of Janua ,C344-cEael P. Dugan, #9687
Attorney for defendants
1100 Eighth Avenue
Greeley, Colorado 80631
(97O) 356-4343
CERTIFICATE OF MAILING
I hereby certify that on ,5 day of January, 2001,
I mailed a true and correct copy of the foregoing answer to:
Moye, Giles, O' Keefe, Vermeire & Gorrell LLP
Kevin Burr
Alison Thayer
1225 Seventeenth Street
29th Floor
Denver, Colorado 80202-5529
DISTRICT COURT, WELD COUNTY, COLORADO
Court Address: Weld County Courthouse
901 9th Avenue, P. 0. Box C
Greeley, Colorado 80632
Phone Number: (970) 351-7300
Plaintiff(s): New Century Mortgage Corporation
A COURT USE ONLY A
Defendant(s): Kenneth A. Satterfield, Charles A.
Satterfield, Joseph J. Satterfield, and
All Unknown Persons Who May Case No. 00 CV 1308
Claim an Interest in the Subject
Matter Real Property Division 1
Attorneys for: Plaintiff,New Century Mortgage
Corporation
Name: Kevin E. Burr
Alison J. Thayer
Moye,Giles,O'Keefe,Vermeire&Gorrell I i P
Address: 1225 Seventeenth Street, 29th Floor
Denver, Colorado 80202-5529
Phone No.: (303) 292-2900
Fax No.: (303) 292-4510
E-Mail: keburr@mgovg.com
Atty. Reg. # Burr- 18724/Thayer - 30338
DISCLOSURES PURSUANT TO CRCP 26 OF PLAINTIFF
NEW CENTURY MORTGAGE CORPORATION
Plaintiff New Century Mortgage Corporation, by and through its attorneys, Moye, Giles,
O'Keefe, Vermeire &Gorrell LLP, submits its initial Rule 26 disclosures:
1. INDIVIDUALS LIKELY TO HAVE DISCOVERABLE INFORMATION:
a. Defendant, Kenneth A. Satterfield, 71914 Smokey Wood Lane, Houston, Texas
77086. Telephone: (281) 537-5348.
•
b. Defendant, Charles A. Satterfield, 1807 Heizer Street, Greatbend, Kansas 67530.
Telephone: (316) 792-3885.
c. Howard D. Satterfield, 3392 Weld County Road 31, Fort Lupton, Colorado 80621.
d. Michael Satterfield, 1170 Majolica Road, Apt. 15, Sallisburry,North Carolina.
e. Michelle Daniels, 1130 Timberlane, Chipley, Florida 32428.
f. Joe Walltuch, New Century Mortgage Corporation, 10804 Willow Court, Suite B,
San Diego, California 92127.
2. DOCUMENTS BELIEVED TO BE RELEVANT:
a. All deeds, loan documents, and other recorded documents relating to or concerning
the real property at issue in this litigation, including
i. Title Commitment;
ii. "Public Trustee's Deed" issued November 2, 2000;
iii. "Notice of Election and Demand for Sale by Public Trustee" dated
February 4, 2000;
b. Surveys and plats relating to or concerning the real property at issue in this litigation.
c. Correspondence between the parties, and between the parties and third parties.
d. Title insurance policies related to or concerning the real property at issue in this
litigation.
3. COMPUTATION OF DAMAGES
New Century Mortgage Corporation seeks to recover their 25% of the fair market value of
the property, plus all costs and attorneys fees incurred in this litigation.
4. APPLICABLE INSURANCE POLICIES
There are no presently identified insurance policies known to be applicable to the claims
made in this case.
5. SUPPLEMENTATION
The information provided in this disclosure shall be supplemented as appropriate as
information becomes available during the course of discovery.
6. CERTIFICATION
I hereby certify that to the best of my knowledge, information and belief, formed after
reasonable inquiry, the above disclosure is complete and correct as of the date set forth below.
-2-
Dated this Ctt day of April, 2001.
MOYE, GILES, O'KEEFE, VERMEIRE &
GORRELL LLP
By: Cua—k ' -\ �1
Kevin E. Bun, No. /24
Alison J. Thayer,No. 30338
1225 Seventeenth St., Suite 2900
Denver, CO 80202
Telephone: 303-292-2900
Facsimile: 303-292-4510
-3-
CERTIFICATE OF SERVICE
I hereby certify that on the CCU*`- day of April,2001,a true and correct copy of the foregoing,
DISCLOSURES PURSUANT TO CRCP 26 OF PLAINTIFF NEW CENTURY MORTGAGE
CORPORATION, was faxed and deposited in the United States mail,postage prepaid, addressed
to the following:
Michael P. Dugan, Esq.
1100 8t° Avenue
Greeley, Colorado 80631
GAN\NEWCNTRNPani[ion\ 26 Disciosures.wpd
-4-
DISTRICT COURT, WELD COUNTY, COLORADO
Court Address: 901 9th Avenue, Greeley, CO 80631
Mail Address: P.O. Box 2038, Greeley, CO 80631
NEW CENTURY MORTGAGE CORPORATION
Plaintiff,
v.
A COURT USE ONLY A
KENNETH A SATTERFIELD, CHARLES A.
SATTERFIELD, JOESEPH J. SATTERFIELD,
AND ALL UNKNOWN PERSONS WHO MAY CLAIM
AN INTEREST IN THE SUBJECT MATTER REAL
PROPERTY
Defendant.
Case Number: 00 CV 1308
Attorney:
Michael P. Dugan
1100 Eighth Avenue
Greeley, Colorado 80631
Phone Number: (970) 356-4343
FAX Number: (970) 356-4345
E-mail: MPDUGANUSMA72@prodigy.net
Atty. Reg. #: 9687
DISCLOSURE STATEMENT OF DEFENDANT PURSUANT
TO C.R.C.P. 26 (A) (1)
Defendants, Kenneth A. Satterfield, Charles A. Satterfield, Mike Satterfield, and
Michelle Daniels, by and through their attorney, Michael P. Dugan and pursuant to Rule
26 (a) (1), C.R.C.P., herewith submits his Disclosure Statement.
(1) DISCLOSURE
(A) Give name, address and telephone number of those persons with relevant
information.
1. Defendant, Kenneth A. Satterfield, 71814 Smokey Wood Lane, Houston,
Texas 77086. Telephone: (281) 537-5348. The Defendant will testify relevant
information concerning the case.
2. Defendant, Charles A. Satterfield, 1807 Heizer Street, Greatbend, Kansas
67530. Telephone: (316) 792-3885. The Defendant will testify relevant information
concerning the case.
3. Mike Satterfield, 1170 Majolica Rd., Apt. 15, Sallisburry, North Carolina,
Telephone: unknown. The witness will testify relevant information concerning the case.
4. Michelle Daniels, 1130 Timberlane, Chipley, Florida 32428,
Telephone:(850) 638-5698. The witness will testify relevant information concerning the
case.
5. Dorothy Satterfield, 71814 Smokey Wood Lane, Houston, Texas 77086,
Telephone: (281) 537-5348. The witness will testify relevant information concerning the
case.
6. Howard Satterfield, 3392 WCR 31, Fort Lupton, Colorado 80621-8229.
Telephone: (303) 857-4408. The witness will testify relevant information concerning the
case.
(2) LISTING OF DOCUMENTS
A) All documents are that the plaintiff is going to use, are in the possession of the
Defendant and will be obtain in the discoveries. Those include a listing of commissions
and unpaid commissions.
1.) L & W Mortgage Borrowers Estimated Closing Statement dated August 10,
1998
2.) L & W Mortgage Uniform Residential Loan Application
3.) L & W Mortgage Loan Escrow Instructions dated July 10, 1998
4.) Letter Dated 7/24/1998 To Closing Agent from Escrow Officer
5.)Notice of Rights to Cancel dated July 24, 1998
6.) Federal Truth-Lending Disclosure Statement dated July 24, 1998
7.) Good Faith Estimate/ Itemization of Amount Financed dated July 24, 1998
8.) Hazard Insurance Authorization and Requirements dated July 24, 1998
9.) Impound Authorization dated July 24, 1998
10.) Occupancy Affidavit and Financial Status
11.) Equal Credit Opportunity Act "ECOA" and The Fair Housing Act
12.) Request for Taxpayer Identification Number and Certification
13.) Thirty Day Letter
14.) Borrowers Certification and Authorization dated July 24, 1998
15.) Error and Omissions/ Compliance Agreement
16.) Name Affidavit dated July 24, 1998
17.) Request for Copy or Transcript of Tax Form
18.) Servicing Disclosure
19.) Lender's Instructions dated July 24, 1998
DATED this a. y of , 200".
/
Michael P. Dugan, #9687
Attorney for Plaintiff
1100 Eighth Avenue
Greeley, CO 80631
(970) 356-4343
CERTIFICATE OF MAILING
I certify that, I have mailed a true and correct copy of DEFENDANT'S
DISCLOSURE STATEMENT PURSUANT TO C.R.C.P. 26 (A) (1) to:
DATED: January 22. 2001
Kevin Burr
Alison Thayer
1225 Seventeenth Street
29th Floor
Denver, Colorado 80202-5529
DISTRICT COURT, WELD COUNTY, COLORADO
Court Address: 901 9th Avenue, Greeley, CO
80631
Mail Address:P.O. Box 2038, Greeley, CO 80631
NEW CENTURY MORTGAGE CORPORATION
Plaintiff,
v.
KENNETH A. SATTERFIELD, CHARLES A.
SATTERFIELD, JOSEPH J. SATTERFIELD, AND A COURT USE ONLY
ALL UNKNOWN PERSONS WHO MAY CLAIM AN
INTEREST IN THE SUBJECT MATTER REAL
PROPERTY
Defendant.
Case Number: 00 CV 1308
Attorney:
Division: 1, Courtroom
Michael P. Dugan
1100 Eighth Avenue •
Greeley, Colorado 80631
Phone Number: (970) 356-4343
FAX Number: (970) 356-4345
E-mail: MPDUGANUSMA72@prodigy.net . -
Atty. Reg. #: 9687
SUPPLEMENTAL DISCLOSURE OF PLAINTIFF
Defendants, Kenneth A. Satterfield, Charles A. Satterfield, Mike Satterfield, and
Michelle Daniels, by and through their attorney, Michael P. Dugan, and pursuant to
C.R.C.P. 26(a)(1)(B), hereby provides the following supplemental document disclosure:
Property Data provided by PDC in reference to the property at 3392 WCR 31, Fort
Lupton, Colorado 80621
DATED this 8 day of March, 2001.
Michael P. Dugan,#9687
Attorney for Plaintiff
1100 8th Avenue
Greeley,Colorado 80631
(970)356-4343
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing
DEFENDANT'S SUPPLEMENTAL RULE 26(a)(1)(B) DISCLOSURE was deposited in
the U.S. mail, postage prepaid and properly addressed, this 8 day of March, 2001:
Kevin E. Burr
Alison Thayer
Moye, Giles, O'Keefe, Vermeire & Gorrell LLP
1225 Seventeenth Street, 29th Floor
Denver, Colorado 80202-5529
Ci _ .
•
I2-R3-34 13:24 FROM. T0:1 :T76 PAX;SS
•
•
•
•
•
•
Data provided by PDC - WELD COUNTY
Property Address Anc^R TgpE:1B-FcB-
PROP ADDRES9e3392 CR 31 1996
WELD CO 00000- PSN'14711300001:
OWNRR OCCUPIEddr Ge A.: .p
Owner Address
C""+�,r�H
MAIL DUN 'MYRTLE S SATTERFIELD TAX SALE
DISTRICT :09,2,0
PR MAIL CO OWN., SA
'T ,
'OWN ADDRESS .1507 HEINZER ST L4 DATE !
GREAT BEND
KS s7aCr RECEPTION NUM'0178'S66
PHONE NUM' PREY PRICE :a 0
Land Information ------- _-----__ PREV DATE
LEGAL:1597RA PT 92 19 1 66 LYING W OF E SIDE OF -------- DROPD NUM :ACM B6
ERI3HTON LAT DITCH EXC BEG 30'N A SO'E OF 8W CDR DROP TYPE :ACM
NUM
S29Du1'E 222' TO BWLy R/W RRIGHTON LAT DITCH NWLY LOT SIZE
U,qU
ACRES ' 49,00 j
USES CODE '4277
USE? CODE 14270
Charactsrlsties _ CENSUS TkACT:LD MYA
YOC :1914 BED: 1 &ATM: I
DAMAGE T'IPEs ROOF COVER :CS STYLE :1 STORY
GARAGE SOFT' a ROOF SOFT SOS HEAT TYCltUra:NH
CARPORT s STORIES s HEAT TYPE :NN
1 0
FIREPLACE M: 0 UNITS TOT 7 1 09MT TYPE
TYPENq
. n
SOFT TOT '
9UILTIN6 ;OS
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Z0 39Vd Q23IdJ311tl5 AH10a0Q 9LE9LE9T8L 80:0Z 200L/L0/E0
DISTRICT COURT, WELD COUNTY, COLORADO
Court Address: 901 9th Avenue, Greeley, CO
80631
Mail Address:P.O. Box 2038, Greeley, CO 80631
NEW CENTURY MORTGAGE CORPORATION
Plaintiff,
v.
KENNETH A. SATTERFIELD, CHARLES A.
SATTERFIELD, JOSEPH J. SATTERFIELD, AND ♦ COURT USE ONLY
ALL UNKNOWN PERSONS WHO MAY CLAIM AN
INTEREST IN THE SUBJECT MATTER REAL
PROPERTY
Defendant.
Case Number: 00 CV 1308
Attorney:
Division: 1, Courtroom
Michael P. Dugan
1100 Eighth Avenue
Greeley, Colorado 80631
Phone Number: (970) 356-4343
FAX Number: (970) 356-4345 -
E-mail: MPDUGANUSMA72@prodigy.net -
Atty. Reg. #: 9687
SUPPLEMENTAL DISCLOSURE OF PLAINTIFF
Defendants, Kenneth A. Satterfield, Charles A. Satterfield, Mike Satterfield, and
Michelle Daniels, by and through their attorney, Michael P. Dugan, and pursuant to
C.R.C.P. 26(a)(1)(B), hereby provides the following supplemental document disclosure:
Bruce Jay Baringer, Real Estate Appraisal and Analysis for the property located at
3392 WCR 31, Fort Lupton, Colorado 80621
DATED this 7 day of March, 2001.
Michael P. Dugan, 9687
Attorney for Plaintiff
1100 8th Avenue
Greeley,Colorado 80631
(970)356-4343
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing
DEFENDANT'S SUPPLEMENTAL RULE 26(a)(I)(B) DISCLOSURE was deposited in
the U.S. mail, postage prepaid and properly addressed, this 7 day of March, 2001:
Kevin E. Burr
Alison Thayer
Moye, Giles, O'Keefe, Vermeire & Gorrell LLP
1225 Seventeenth Street, 29th Floor
Denver, Colorado 80202-5529
'/1, 2001 ;2515375 '5. �
.1 „cc
�:2-�-ai 13:18 - Tr -' -'6376 P&1016199
•
Bruce Jay Beringer
Real Estate Appraisal&Arlysla SaTti!FI!LD
mm No.97189UC
1
SITE COMMENTS:
TS:
This report is a'RUSTRICTIID APPRAISAL'because the value of the home iv analyzed bavxl
an the awaptt a that A is au a 10 son potcc1 of land. The actual land area ii 40 acme band
on Weld County Asmsor'a Office data.The legal dasaiprlon and oouhty data is atteclad as an
Addendum to this tepee.
ee.
The property it etumntlyy being used to grow alfalfa(agricultural um),However, if a 10 ace
pastel were subdivided Penal the total petrol, the market vaild oendder it a'bane property'
MP it wtwld dheotly compete with similar'suburban' hone ptoptetla in the area.
Listing agents and trotters active fn the area indicate that they have had btnmsof horse
rosni.4 In the subarea that wort in art of the nearby front range cities inolbding Denver,
Hander,Longmont,Lowland,Greeley,and Brighton.
The abject does net appear to be ins flood prone area biataust it in located on"high pines'
and la not car a river. The Brighton Lateral Ditch tuns along the eastern border of the
pmpert3l,naiob it at a lever elo.d. ,. Tic dlicdt has `commie now rates'and is used for
urgetlert by farmers in the area.
COST APPROACH COMMENTS:
deoas Living area
First s07
Other a 290
Total Sq. Ft. . 1097
First 28.30 I 22.30 z t e 671
8.30 a 17,00 a 1 e 141
11.70 a 3,00 a 1 a 35
Total Sq. Ft. a *eV
Other 12.60 x 23.00 e t • - xac
Gat. 9.00 a 12,00 r 1 • 108 -
j gross
21.00 x 30.30 z I a ass
he area Includes Ten feet north of the main structure. It flubbed and heated.nd structure. This'cafe
his a washer and dryer
h0dcty in addition to a'family roar'area.
COMMENTS ON SALES COMPARISON:
The comparable sales used to the analysis are all on well and se c systems, They are all
located over one mile Imes the subject. This is common in the aaa i0 p f lbws Ks'
as hlryrrt T 190k 9118ra lu li,a florP., boomaboom WHAMta,...iu for ,heir zmtnus m axopt%able
living warms,and an'1fkadable purchase price'.
Comparable s:2 and#3 are over six months old. They are the most recent sales totalled which
Imes similar la improvements wt similar site sites,
Comparable Sale #1 sale prier is adjusted upward due to inferior Qualittyof curistntntloc,
lOfei,er ls,Odhbn,no basement,and smeller car storage Militia. The me prier is adjusted
dnwsnua d due to auperio, hu.aaUun on a paves road. Overall, the sale is inferior when
compared to the subject,
Comparable Sale 02 sale price is adjusted upward due to smaller site size and no basement.
The sale price is adjusted doemward due to superior location on paved road,&p¢lor mountain
tiewi superior heating system and large Mn.O.»ram,tae sate l..uycrbr wt@m compared to lne ttIlile .
Comparable 03 ale price is adjusted dawward due to superior smaller the alas. The sale price
a+cupaedrllerted downweid due to superior lonatloa on paved road, superior mountain Ylews,
porch.fireplace qAL uahtyof
'Mod rt,superior condition,lssgor gross living area.large enclosed
generally superior when ee tee large barn plus large heated shop. Overall. the sale is
mporod to the aubimct property.
The adjustment rue condition on Comparable#1,the Net Adjustment on Comparable#1 and
l# thand
analysisGrosf sAdjustment
homes ,-his en i#3 areo above eve up MITeeleooq?ha Leos oca mie
. .. 1014 reds vlanCena aegrear0.CduMo101M On)111-7737 . II SP . 'AN Mill"*On
DISTRICT COURT, WELD COUNTY, COLORADO
Court Address: 901 9th Avenue, Greeley, CO
80631
Mail Address:P.O. Box 2038, Greeley, CO 80631
NEW CENTURY MORTGAGE CORPORATION
Plaintiff,
v.
KENNETH A. SATTERFIELD, CHARLES A.
SATTERFIELD, JOSEPH J. SATTERFIELD, AND ♦ COURT USE ONLY
ALL UNKNOWN PERSONS WHO MAY CLAIM AN
INTEREST IN THE SUBJECT MATTER REAL
PROPERTY
Defendant.
Case Number: 00 CV 13O8
Attorney:
Division: 1, Courtroom
Michael P. Dugan
1100 Eighth Avenue
Greeley, Colorado 80631
Phone Number: (970) 356-4343
FAX Number: (970) 356-4345
E-mail: MPDUGANUSMA72@prodigy.net -
Atty. Reg. #: 9687
SUPPLEMENTAL DISCLOSURE OF PLAINTIFF
Defendants, Kenneth A. Satterfield, Charles A. Satterfield, Mike Satterfield, and
Michelle Daniels, by and through their attorney, Michael P. Dugan, and pursuant to
C.R.C.P. 26(a)(1)(B), hereby provides the following supplemental document disclosure:
Personal Representative's Deed signed by Charles A. Satterfield, as Personal
Representative of the Estate of Myrtle Ida Satterfield, a/k/a Myrtle Satterfield, a/k/a
Myrtle I. SatteZ-1
rfiield, pled November 1, 1995
DATED this day of February, 2001.
l
Michael P. Dugan, #9687/
Attorney for Plaintiff
1100 8th Avenue
Greeley,Colorado 80631
(970)356-4343
CERTIFICATE OF MAILING
The undersigned hereby certifies that a true and correct copy of the foregoing
DEFENDANT'S SUPPLEMENTAL RULE 26(a)(1)(B) DISC RE was deposited in
the U.S. mail, postage prepaid and properly addressed, this y of February, 2001:
Kevin E. Burr
Alison Thayer
Moye, Giles, O'Keefe, Vermeire & Gorrell LLP
1225 Seventeenth Street, 29th Floor
Denver, Colorado 80202-5529
THIS DEE le by Charles A. Satterfield, as Personal Ref 'tative of the Estate of
Myrtle Ida Satterfiea,, a/k/a Myrtle Satterfield, a/k/a Myrtle I. Sat,_...aid, Deceased, Grantor
to Joseph J. Satterfield, Kenneth A. Satterfield, Charles A. Satterfield and Howard D. Satterfield,
whose address is: %Kenneth A. Satterfield, 7814 Smokey Wood Lane, Houston,Texas 77086
and who shall hold said property as tenants-in-common, each holding an undivided 25%
interest in such property.
WHEREAS, Myrtle Ida Satterfield died testate on December 4, 1994, and;
WHEREAS, Grantor was appointed Personal Representative, In Weld County District
Court, Probate Case #94-PR•383 in Weld County, Colorado on December 8, 1994, and;
THEREFORE, pursuant to the Will of Decedent and the authority conferred upon Charles
A. Satterfield as Personal Representative for the estate of Myrtle Ida Satterfield, Grantor
hereby conveys to Grantees In satisfaction of all rights of distribution held by Grantees with
respect to the described property, the following real property located in Weld County, Colorado:
All that part of the South Halt of Section Fifteen, Township 1 North, Range 66 West of
the 6th P.M., Weld County, Colorado, lying West of the West side of the Brighton Lateral Ditch
as the same Is now constructed; except that portion thereof, conveyed to Joseph Brethauer and
Frances L. Brethauer by Warranty Deed recorded October 10, 1961 in Book 1596, at Page
545, Weld County records
with all appurtenances, subject to the taxes for the year of 1995, and subsequent years,
easements, restrictions, reservations, covenants and rights of way of record, and subject to lien
held by Federal Diversified Services, the obligation for payment of which has been assumed by
Howard D. Satterfield.
Executed: .,�Otl; / 1995. A/ / /J1/7"
Charles
le A. iS'atteerrfield,aassPPpfssonal
Representative of the Estate of
Myrtle Ida Satterfield, a/k/a Myrtle
Satterfield, e/k/a Myrtle I. Satterfield,
Deceased.
STATE OF KANSAS ) -
) ss.
COUNTY OF ) _
The foregoing instrument was acknowledged before me this / day of Auguet,nov't""b`i
1995. by Charles A. Satterfield, as Personal Representative of the Estate of Myrtle Ida
Satterfield, a/k/a Myrtle Satterfield, a/k/a Myrtle V.-Satterfield, Deceased.
(SEAL)
My commission expires:O2;79/-'2 j
�•' Nota Pub'
Please return to:
John R. Dent Law Office N0TARYP08tx•state of le.
332 Denver Avenue, Fort Lupton, CO 8062f -
TAMMYB.HINSO%
I ..My Aoet Exp. 9-12!75
:T I1-_. g. �_.. HT
DISTRICT COURT, WELD COUNTY, COLORADO
Court Address: Weld County Courthouse
901 9th Avenue, P.O. Box C
Greeley, Colorado 80632
Phone Number: (970) 351-7300
Plaintiff: New Century Mortgage Corporation
Defendant: Kenneth A. Satterfield, Charles A. A COURT USE ONLY
Satterfield, Joseph J. Satterfield, and
All Unknown Persons Who May Claim Case No. 00 CV 1308
an Interest in the Subject Matter Real
Property Division 1
Attorneys for Plaintiff
Name: Alison J. Thayer
Kevin E. Burr
Moye, Giles, O'Keefe, Vermeire
& Gorrell LLP
Address: 1225 Seventeenth Street, 29th Floor
Denver, CO 80202-5529
Phone No.: (303) 292-2900
Fax No.: (303) 292-4510
E-Mail: keburr@moyelaw.com
Atty. Reg. # Burr— 18724/Thayer— 30338
MOTION FOR SUMMARY JUDGMENT
Plaintiff, by and through its attorneys, Moye, Giles, O'Keefe, Vermeire & Gorrell LLP,
moves for summary judgment on its Complaint for Partition, stating as follows:
I. STATEMENT OF UNDISPUTED FACTS
On or about July 24, 1998, New Century Mortgage Corporation ("New Century"), a
California corporation, made a refinance mortgage loan in the amount of$82,000.00 to Howard
D. Satterfield. The promissory note was secured by a Deed of Trust, executed by Howard D.
Satterfield against his undivided 25% interest in the Property. See Deed of Trust, attached as
Exhibit A.
N:\N\NewCentury\Satterfield\Plead\motion summary 1
j udgment.doc
The indebtedness described in the Deed of Trust went into default, and New Century
proceeded with a Public Trustee's Foreclosure Sale, No. 20-058. See Aff. of Publication,
attached as Exhibit B. As a result of the Public Trustee's Foreclosure Sale, a Public Trustee's
Deed was issued on November 2, 2000, evidencing the conveyance of an undivided 25% interest
in and title to the Property to New Century. A copy of the Public Trustee's Deed was recorded
on November 3, 2000, in the Real Estate Records of Weld County at Reception No. 2804652,
and is attached hereto as Exhibit C.
Plaintiff and Defendants Kenneth A. Satterfield and Charles A. Satterfield each own an
undivided 25% interest in the Property, and Joseph J. Satterfield's heirs, Defendants Michael
Satterfield and Michelle Daniels together own an undivided 25% interest in the Property. See
Defs.' Answer at¶ 5.
On December 6, 2000, Plaintiff filed a Complaint for Partition of Real Property,
requesting (1) an order adjudicating the rights of all parties with respect to the Property; (2) a
decree requiring any unnamed defendants to set forth the nature of their claims; (3) a decree
quieting title in the Property; (4) an entry of an order for partition; (5) an order directing sale of
the property if partitioning cannot be accomplished without undue prejudice; and (6) distribution
of the proceeds of such sale. See Pl.'s Compl.
On January 5, 2001, Defendants filed an Answer, stating several affirmative defenses,
including that"[t]he defendant state [sic] that the property is insufficient as a matter of law to
allow partitioning and that the County of Weld, state of Colorado is an indispensable party as a
result thereof." See Defs.' Answer at¶ 9. Defendants' assertion appears to hinge on the
argument that a partition of the Property would result in an illegal subdivision of land.
N:\N\NewCentury\Satterfield\Plead\motion summary 2
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II. MOTION FOR SUMMARY JUDGMENT
Under Rule 56(c) of Colorado's Rules of Civil Procedure, summary judgment is proper
"if the pleadings, depositions, answers to interrogatories, and admissions on file, together with
the affidavits, if any, show that there is no genuine issue as to any material fact and that the
moving party is entitled to a judgment as a matter of law." Celotex Corp. v. Catrett, 477 U.S.
317, 322 (1986); accord, Anderson v. M.W. Kellogg Co., 766 P.2d 637, 640 (Colo. 1988). "The
purpose of a motion for summary judgment is to save litigants the expense and time connected
with a trial when, as a matter of law based upon admitted facts, one of the parties could not
prevail." O.C. Kinney. Inc. v. Paul Hardeman, Inc., 151 Colo. 571, 379 P.2d 628, 631 (1963).
Rule 56 is designed to pierce the allegations of fact in the pleadings to determine whether there
is, in reality, any evidentiary basis for the claims or for the asserted defenses. See Terrell v.
Walter E. Heller & Co., 165 Colo. 463, 439 P.2d 989, 990 (1968).
The burden of establishing there is no triable issue of material fact is on the moving
party. Ginter v. Palmer & Co., 196 Colo. 203, 585 P.2d 583, 584 (1978). The moving party
meets its burden by identifying those parts of the record that demonstrate the absence of a
genuine issue of material fact. Celotex Corp., 477 U.S. at 323.
In the case at bar, there are no issues of material fact. Rather, the only disputed issues are
questions of law, which can be decided by the Court.
III. SUBDIVISION REGULATIONS INAPPLICABLE
Defendants assert that the Property, as a matter of law, is insufficient for partitioning, and
that Weld County is an indispensable party. First, Plaintiff notes that this assertion does not
create an issue of fact, but as Defendants state, is an issue of law. Second, Plaintiffs assertion is
true only if the Colorado subdivision regulations, codified at 28 C.R.S. § 30-28-133 (2001),
N:\N\NewCentury\Satterfieid\Plead\motion summary 3
judgment.doc
apply to the partitioning of the Property. Those regulations apply to any"subdivision" or
"subdivided land," as described in C.R.S. § 20-28-101(10)(a) (2001). Section (10)(a) of this
statute defines "subdivision" or"subdivided land" to mean "any parcel of land in the state which
is to be used for condominiums, apartments, or any other multiple-dwelling units . . . unless
exempted under paragraph (b), (c), or(d) of this subsection (10). Section (10)(b) states that the
above definition "shall not apply to any division of land which creates parcels of land each of
which comprises thirty-five or more acres of land." Section (10)(c)(II) exempts a subdivision
that "could be created by any court in this state pursuant to the law of eminent domain, or by
operation of law, or by order of any court in this state if the board of county commissioners of
the county in which the property is situated is given timely notice of any such pending action by
the court and given the opportunity to join as a party in interest in such proceeding." See id. The
subdivision in the case at bar would be created by order of the Court and subject only to the
conditions of C.R.S. § 30-28-101(10)(c)(II),I
IV. NO OTHER ISSUES OF MATERIAL FACT
Furthermore, there are no other issues of undisputed fact that necessitate a trial.
Defendants' remaining affirmative defenses are: (1) The complaint fails to state a claim upon
which relief may be granted; (2) Partitioning the Property would unduly damage the value of the
Property to the injury of the remaining owners; (3) Equities of the case would prohibit the
Plaintiff from partitioning the property;2 and (4) The Defendants would suffer prejudice by both
partitioning and sale of the premises. See Defendants' Answer at¶¶ 8, 10, 11, and 12.
Plaintiff notes that it is filing contemporaneously a motion to give notice to the Board of
County Commissioners for Weld County regarding their right to join as a party to the litigation.
2
N:\N\NewCentury\Satterfield\Plead\motion summary 4
judgment.doc
Defendants' first affirmative defense, that the complaint fails to state a claim upon which
relief may be granted, is unsupported by the record. The remaining three affirmative defenses
are not matters for trial, but rather, are the very issues to be determined by the commissioners
following the Court's entry of an order for partition. See 28 C.R.S. § 38-28-105. In Evans v.
Rhoades, 497 P.2d 337, 338 (Colo. App. 1972), the Colorado Court of Appeals held that a trial
court properly granted summary judgment and assigned commissioners where facts were
established beyond controversy. Ultimately, the commissioners determined that partition of the
property would cause manifest injustice, and the Court directed a sale of the property. See id.
V. CONCLUSION
Accordingly, Plaintiff respectfully requests that, pending notice to the Weld County
Commissioners, this Court grant Plaintiffs Motion for Summary Judgment, order partitioning of
the Property, and assign Commissioners.
DATED this gilt' day of October, 2001.
Respectfully submitted,
KevinNo. 18724
Alison Thayer, No. 30338
Attorneys for Plaintiff New Century
Mortgage Corporation
N:\N\NewCentury\Satterfield\Plead\motion summary 5
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CERTIFICATE OF SERVICE
I hereby certify that on this day of October, 2001, a true and correct copy of the
foregoing Motion for Summary Judgment was served on the following party, by United States
mail, postage prepaid, properly addressed as follows:
Michael P. Dugan
1100 Eighth Avenue
Greeley, Colorado 80631
N:\N\NewCentury\Satterfield\Plead\motion summary 6
judgment.doc
MEMORY TRANSMISSION REPORT
TIME : 10-10-01 02:31PM
TEL NUMBER1 : 3032924510
TEL NUMBERZ: 3032924510
NAME : MOVE, GILES & O'KEEFE
FILE NUMBER 347
DATE 10-10 02:25PM
TO 43d05219d00002d15616828163 E D
DOCUMENT PAGES 12
START TIME 10-10 02:25PM
END TIME 10-10 02:31PM
SENT PAGES 12
FILE NUMBER : 347 *** SUCCESSFUL TX NOTICE ***
Moye, Giles, O•Keere. Vermeire see Correll LLP
290i Floor
1225 Seventeenth Street
Denver, Colorado 80202-5529
ar-roasoies Telephone: 303-292-2900
Fax: 303-292-4510
FAX
Date: October 10, 2001 Pages to Follow: 11
To:
Fax No. Phone No.
Ivy Colon 561-682-S163 561-682-7672
From: Pat J. Linden
Client Name: New Cennary Mortgage
Client No-: 05219-00002
Attachments: Exhibits to Pleading Filed by Justice Linlc
Message-
'•"FOR ASSISTANCE, CAZ_L 303.292.2900. ext SO12s ^
NOTICE OF CONFIDENTIALITY
This fac is confidential information and may be legally privelegctl or protested work-praduct onoer applicable law. This fax
is intended solely for the addressee's use. If you are not the addressee or his/her agent ur employee.you are hereby
notified
Mai you received this fax in error and chat any review,disclusurc,copying of.ur tnc raking o£any action y u n this.2
fax is forbidden by the sender and may be illegal. I£you received n cameo
this taxi error.please call us coect at our telephone
number above ro arrange for the return of ihis complete tat at our expense.
Thank you.
Documents
Moye, Giles, O'Keefe, Vermeire & Gorrell LLP
VS 29th Floor
1225 Seventeenth Street
Denver, Colorado 80202-5529
ATTORNEYS Telephone: 303-292-2900 N r n
0
Fax: 303-292-45100 /
FAX
Date: October 10, 2001 Pages to Follow: 11
To: Fax No. Phone No.
Ivy Colon 561-682-8163 561-682-7672
From: Pat J. Linden
Client Name: New Century Mortgage
Client No.: 05219-00002
Attachments: Exhibits to Pleading Filed by Justice Link
Message:
**FOR ASSISTANCE, CALL 303.292.2900, ext 8012**
NOTICE OF CONFIDENTIALITY
This fax is confidential information and may be legally privileged or protected work-product under applicable law. This fax
is intended solely for the addressee's use. If you are not the addressee or his/her agent or employee,you are hereby notified
that you received this fax in error and that any review,disclosure,copying of,or the taking of any action in reliance on,this
fax is forbidden by the sender and may be illegal. If you received this fax in error,please call us collect at our telephone
number above to arrange for the return of this complete fax at our expense. Thank you.
Document4
• nto 1111111111111111 ii i i i nu iii in i'i int
• ���'. ZJ0S 41 97/1_4/1991 1.0.:5911, Maid Carty. CO_
I E 1 of 9 R 45.80 D 8.68 JR Suki Tsuktaoto
15
New Century Mortgage Corporation dha New Century Corporation
18400 VON KARMAN, SUITE 1000
IRVINE,CA 92.612-
Loan Number:0000150886 [Space Above This Line For Rccordint Data]
DEED OF TRUST
THIS DEED OF TRUST("Security Irstn:ment') is made on July 24, 1998 •among
the grmtor,
HOWARD D. SATTERFIELD
********TEIS DEED OF TRUST IS BEING RE-RECORDED TO SHOW A LEGAL DESCRIPTION.
("Borrower'),
the Public Trustee of WELD County("Trustee"),and the beneficiary.
New Century Mortgage Corporation dba New Century Corporation
which is organized and existing under the laws of CALIFORNIA ,and whose
•
address is 18400 VON KARI4AN, SUITE 1000
IRVINE,CA 92612 ("Lender").Borrower owes Lender the principal sum of
Eighty—Two Thousand, and No/100 Do (U.S.S 82,000.00 )
•
This. debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which
•
provides for monthly payments, with the full debt, if not paid- earlier, due and' payable- on
September 1 , 2028 . This Security Instrument secures to Lender. (a) the
repayment of the debt evidenced by the Note, with interest,and all renewals,extensions and modifications of the Note;
(b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security
Instrument and (c) the performance of Borrower's covenants and agreements under this Security Instrument
OLORADO•Single FamilyFNMA/FHLMC UNIFORM INSTRUMENT
Farm soot 1/91
6R( enon Am.nded 99T t
�eCO tn.?. III��
Paaa+alt InbbN:,l_
IE
vuP 9oRTQAOE FORDS•OMSZ7•rnl
ai EXHIBIT
4
000015081E 111111111111111111111111111111111111111111111111I1.1111!
2706541 07/14/1999 10:599 Wild Courtly CO
2 of 9 R 45.00 D 0.00 JA Suitt Tsukorots
•
and the Neat_ Far this purpose. Borrower, in consideration of the debt and the trust herein araicd, irrevocably grants
and conveys to Trustee, in trust, with power of sale, the following described property located in
County.Colorado:
VELD
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF.
A-P.R.:14711500001J ISu�+•c.rrl.
whichtat>"shinisof 3392 VELD COUNTY RD 31 FORT LU LUPPT0N TON
0;4a-36030521
ale ado30521 Riu cal (-Property
tiara— HER. WITH zIl the ettrovansts M)w or beaficr txCCted an the property, and all =mats.
additas shall also be covered
=r'r�.-'-•�-`,sadLz:^u PCP:CZ�a part of the Propety;All rzgl�"'t�and _
by t`is C�aty im:. —AD of the foccgoiag is referred to in this Sectrity Insturnat as t e Property-
BQR.RCI ty COVE`fANTS that Berrovres is lawfully seised of thc cubic hetthy conveyed, cacubt for ry 5r n o and
has the
right for
geld tt5 J lei Property cti t P- -r:y all
���:t will�:�i Suety the natal-Lie n t.Y Property against ri-imS and Pzn¢ti.s.s.:bi=t to an) cn.-umtecr.:;.
of=L-E.
THIS S C.,�-3+`•.IIN'STR.Wel:CCM 3blocs laden"
ilord%C.tity n is!c
c1t ct S national
cot and rtapnttniform tSrien :.t`'••:t
y.
LFY r4R-'d CoV EXA.' S.Bcxanter xd Lender cosaz i and agree as fellows:
0c s`3!! promptly rroy when doe
prepayment and Late Charges. c din tu•J.v wh n do
t. abl of of 2rtCPrina l and debt
y On Note and any�pytncnt rd Late cta-"6
[r rrt'i ue is yj C;.'^-..and the urn ce.evidenced t to tar Ta.�a insurance.Subject to tir,3cbic 6s or to a writtenrr.:r.V Qya•:lalrr. 14.rrnr.Y'r •.tiro
,tc day clorJ ly Mu to s are due r-4-r the Nat.caul the Natis pat in Cua.:z aton ('I mate t tot,
a.-7ta I i¢t a ereto a,,ycb ray attain priority err t is Sexily Insrurncrt as a Ilan on Pro
p atty.Taa rd}
(a) r y acivukrt". > tfCS tread rena m the i Property. f rte.(e3�t y ha=and Cr property �m
n.
I:xd L'xt~T.:ma d r%•(t)yearly mt*tvg=as sralcc itni ss.rf an; and (1)m :n. fz?gnir tty
Er assxaxe•rich provisions of prtgapb 8, is bcu o. lr payment a mortgage
a--to i,—• t .=rcy.m by bee.collect xd hoed Funds it art arrxand 1Ku t..
a.—s � y err cat3od"Fscfor ltcrts-� ban may ra uct for 0amswa',clea0W x:t:jir.
uLC ..Areal s s..,.tis+3 bar for o f 'n. r3 a at I rrnot'�aZa
mar w�[�.:.1 Pei Esa>r�'�"�R�a'�Art of !9"ra as z:odnd from time to tire.12 U.S.C.Setter. _rri t
a sue.. ('RS'A')•c'las=Lt.law that.-ypbts n the Tins sets ia ca st t If so.Lender nay,x era• t„: '_
nos d R=d!ht last. �Ocrt_ ' may a:csate the=mot of Funds its en
� y ci ;%c u anon= of a rsru of fez=Escrow Sterns or ozjvxwnc m a�nare-.,r.,-
of L *ant aid :cam c�rrxaz lam'd
si'.S. w tie—SGas. rail ClrafetScrt! atttey.itcittctwztttiecv.r,e rerre.,
Tim par&oaf be bald' q as irk -r _Loan r the!'r*et to
f ,at;,o' u'Froa is such=ay o ictay Bah)orr �ffar balding and appfybb the Ftxtds, annually awdytuz eta.
capi' Earns c!r -_- c disc not 1 >� t ;r sa ci L't Ftrtds ref aapfic'�.htc to
=r L.?ct mai= s' b Fsrw banns. 'a. ! I.ciGcr Fy t'A a r, a Occ•t Charge for r.
par -2.a, OQ t:�¢ scab a done. .and by Lt Let Gy Z'' Hw 1t�Y' l+r_bra-rt:n w•_+'
+ -',-tine r�er r e Wei ranaraeg scar mad by Ladte in in n with tcs tat trimsstair r4, It re pro.•:: 14'
.� , a'zt a[c f
py, Barr. is scr err ate' is Carle Q.vy.---Bantrwar and Lerida clay ar,•s a wiring.hanever,that r.armi
scat3, err •=s sr.f �' ,ds WY tb Ea ower.without Caere_.an=al ac o tt ct=of the Fvrit..,hin'ns
f�fa tc gym„an Gs r`�nadir.
nwc.✓.
-ferm 3CQt ,. 7r
•
OOOD150886 l 111111 1111 1111 iii i 1111 11111 111111 IIi eld 11111 Ilii Ills
y CO
3 of 2705541 R 45.00 0 0.00 JR Suitt Tatlltaroto
credits and debits to the Funds and the purpose for which each debit to the Funds was made.The Funds arc pledged as
additional security for all sums secured by this Security Instrument.
If the Funds held by Lender exceed the amounts parniucd to be held by applicable law,Lender shall account to
Borrower for the esn-ss Funds in accordance with the requirements of applicable law. if the amount of the Funds held
by Lander at any time is not sufficient to pay the Escrow Items when due,Lender may so notify Borrower in writing.
and,in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make
up the deficiency in no mote than twelve monthly payments,al Lender's sole discretion.
Upon payment in full of all sums secured by this Security instrument, Lender shall promptly refund to Borrower
any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sd1 the Property. Lender, prior to the
cqirstien or sate of the Piup_-ty,shall apply any Funds held by Lender at the time of acquisition or site as a credit
n•.:nri the scans=mod by this Security Insuurnatt
3- Application of Payments- Unless applicable taw provides otherwise allhp:.yments reciverl.by.Inter.under
p^_rspbs 1 and 2 shall be applied: first, to any prepayment charges due under the Note: second, to amounts payahk
::::-du 1,,;..%.4.21 2,thi-d,to interest dam fourth,to principal due:and last,to any lath charges due under the Note.
S. Charet; Liras. B'arrents shalltpay-all uses. ass,sstnonts, rharga,.flees.and impositions aurnhutable to the
v t ,,• wig may :"_in rarity ova this Security Instrument. and lea chold payments er ground rants, if any.
Be.—a sue^ di= obligations in the n'.rnr provided in paragraph 2., or if rot paid in that manner, Borrower
•
staT pay r.-.-,1 no dam directly to the pa= owed pay at. Borrower ttl promptly furnish to Lender all notice of
assets y be era meals this i.,nagiat.If Borrower makes these payments chatty.Borrower stall promptly furnish to
Laida tz'^CT c• =r.[ssx the payments.
2cco C c_: ;r rptly dir.,..bu any lien which has priority ova this Security Immanent unless iic,.ii,..-... (a)
z—� wrekag to the ,..,y,...at of the obiigat;xi secured by the lien in a master.r,.ul,latnle to]ender, (b)commis :n
o' which in the Lender's opinion
;mad f,.-5 the �>_. by.tx defends agusa r9farr:a:la1 of the lien in,legal proaatiagz
c -.'e x ,—_r_-t the atha..- a 4 of the liar at (c) secures from the holder of the lien an agreement saris:story to
4� sere- -_dthS the Lien re this Security Instrument If Lender drama:a S that any part of the Property is subject n
a Lt a!± ray =.ri ,—ic'ity over this Sxsity i:snntcni. Lender may give Borrower a notice idantifycng the hat
we.,era
manly le lien a mkt cat or morn o:thfe{ath ens sic faith above within
10 days xisting or the giving
r g of erected ti .
5 Hamra or Propaty Itinrarct.�i..at shall kcrp the improvements
ar
r C:rf t rr. agt.Z loss by fe . hazards ceit:ek d within the tam "exie clot coreragG and viy tidier turned&
isladag fIealt u real. ;e.g. for which Lender recpies This irtsoraacc shall be mairtca wd in the =omen
and fee ea rand: that. i r' 4' nmaires. The ;manna artier providing Ih!. later= shall be dec. b'r Bonvwer
s.yzcl b Lm.t's:.r'^r. +-a:which areal tot be a_.si.ia bly with`.-Si If Borrower(ask to maintm ten slabs.d tth-n1
a[rne. I enZar =7.1:Lcde's option.obe ca-:cute to peva Lender's rights in the Proms in acvsnlzice with
4-
AB t- ;eats_ se. rLwrLs shill tc aeccpt±r to a:nd shall Welt a sundud mortgage ctsux.
aea t41.`.,,-.c the right to bad t.a paters ni rca-war. BUS rs)czta,Becro er shall promptly give to Lank,
ran :=cy'J oe reedGn...a..s ;Ed renewal mace- Is the crate aF bas. Borrower shall girt pun$ cenice to the
=e easier and Lot Latta easy cake proof of bat tf not wade peen pay by Borrower.
Ve st La c and Berea wet adsur'Ite alts swan=e..iroaa'uc proceeds sL:all.be applied to re oratro or repair
r the Pt-4DSF if dm matrat;ca of r to es caremOny feasible=l ints vacua is not icesernai If the
roc ore u sere ccc iSly fcsih.'a or Ls...kr'5 sea:reisg weal!be atienei.the cn...a nc>-t,uei.tds alai'be
V,fs7d . s�ss7 by this C.. l t trament.whs.be tx nos then duct nods any meta paid to Borrower.sent If
r ,seats et A,.y...y.ar does re..r,:c within JO days a not=from Lerida:_the insurance carrier has
eft..--rd a^ Sr. r ern that tee. da awry caeca the ii,wy '•c V,..,...ts !era"- r..ry inc the pxvicethis tut rqu t rc
�`''1$t Cc F':7.''.',y or Da pay teas rc,a by teat Seo m lria'a�l.wbcha cc not tic din.The 10-day
beginwAC the 5r C fir item
i-l..-
„ertiv 4=. 5:s....- F1.44.1e2 Y 2 ,m 3CCf 1/11
•
0000150866 1I111111111111111111111111111II1O111111111ld 1111111111111
0y CO
4 of S R 45.00 0 0.00 JA Sukl Tsukaaoto
Unless Lender and Borrower otherwise agree in writing,any application of proceeds to principal shall not extend
or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the
payments. If under paragraph 21 the Property is acquired by Lender. Borrower's right to any insurance policies and
proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums
secured by this Security Instrument immediately prior to the acquisition.
6. thcupancv. Preen-vattom, Maintenance and Protection of the Property; B- rower's Loan Application;
Inwbult. Borrower shall occupy,establish.and use the Property as Borrower's principal residence within slily days
after the execution of this Security Instrument and shall continue to occupy o the Propertyagrees as Borg, er's principal
i cruern
residaicc for at ire_one year .their the dare of occupancy. unless Larder Borrower's which s consent
shall not be unreasonably withheld, or unless eau:nuating circumstances exist which arc beyond
tk,.I..K„ shall not destroy, damage or impair the Property, allow the Property to dr..aiaare,or commit waste on the
Property_ Boron shall be in err-silt if any forfeiture action or proceeding,whether civil or criminal,is begun that in
Lot's good faith j:dgmaat could result in forfeiture of the Property or otherwise materially impair the lieu meter by
this Security Instrument or Lualta's security interest- Borrower may cure such a default and reinsrntc. as provided in
g the lion or proceeding to be dismicenl with a ruling that, in lender's peed faith
px-.,�raph !S. by =sinforfahae of the Borrower's interest in the Property or other material impairment of the hat
ds;,er.:ri:by thi ��s security interest Borrower shall also be in default if Barrows,during
t�z by this Sr:Sy Instrument gave
mt cc Lr
u I:txt_-�rCry1l p"x�•S�..,,siaIly false or Masan-as iafCmatipa or saicstaru to Lender(Cr failed ID provide
ncctioo with the It evidenced by the Nett,including, but not limited to.
.-zt alt y �z-�I information)' inprincipal residence-If this Security Instnrmett is
a; o it g ll comp'ys=spar?:of the Ses of the
as a
octal � 1;..r Bo?"iJ"�st'^=1 Cormply�with aD.thcp.'mis�as of tilt lc-s.S Borrower t>=gt:ires fox title to the P:vpert)',
r ty,4 a d rho fee title shall tot merge unless Lender agrees to the merger in writing.
, tIf Boron: faits to perform the co'cnmtu and agrcerocnts
7. gr hismt of Leader's Rights hi re a legal
Property. that may thg
try in this S pr ee ling ntan Cr here is a legal proceeding
nifr*ury affect Lender's rights m the
f;Z.ty+.y ws�as 2 pscrxxrIirtg a bankruptcy,probate,for coctd..—nm:ian or(a-fcitrac or to enforce laws or reguLrronst-
the le of t e Property and Lender's rights m tic
tw r Or. r may do�l pay for lea is ng z y.s to protect a w� has arty over this Security
P•rc"ry'_ t.... 's erasers may r meal z tyl' sneered by to make moans.Although
t._,..-,..,t ��is court.paying tic a^..ormcys (act-::d��in$.arr.'.�Property
Lc,&:may=lc action teal&this perag"b 7,Lender does not here m do so.
Lender under this paragraph 7 shall become additional debt of Bonowa stturat h1
Any ar.�xxxr-s dabcLialmad by grit to other tens of payment.these aaxatu shall ter camas
Ira Pt
it leer•.istvX fi°� U a end Lender .,.. netiee Iron Lerida to Santo=
Iran the�=� ��the NaN tats and shall be yay....-.with ittsresL upon• t , 'n prate=- a ed cis-=gage insurance as a condition of mating the bait s+rrrol by Orr
!.J4 1=c fins err er If Lender rev ..,.;z the martz iamra.'t'`is effect U.for sly
r B „u y11�coverage
n tined bymis rc rx1tr 'p r es c� to be is effect.Berrower sham. pay the
rte, c`,c c3rt ^e r_rraoc' tabss rnr by Ltaada the irssraset F,c.ar,ctfy in diet a a eau
- . it or ac w+�6c Ain arn:MS e{dr sti'm to t�actaaSe
;enviously in diet, from an a"rlur
aratg .�rT rak~t re lit met ID . 11 rtswa of @r. couriskcalpatc a in=rree cmemgc is nee axat5Dle.
�F ' as L cd by Lott. a sn corn;
n;'y no•tor I! yearly mortgage inntsxe prima=tang
BOr�9lc�1' pay Q Lender nth �C5�.^'.-7 tftt>:.i0 l�tC-t�nCt•ih of the�tS . ��
;lid by w.,,nwa ai`.S t e lasng=oannetge La}'aai or cc Cat Ix in effect l era will=pt est and m these
Ck7co as a term resat c fin of nmt-tgagn Strarara. Lou =re pap:tots y to longer be rc mni,at tit:
cite=elf teriiier.Lf campy Mona co''rr (es t e pmt xad for ter..W-hrati that Lendr=Tans)prosiv Cd by a^.
sr= avv'rirrnl.by Loader ikon tan= rartlzhrc and is cM xd_ Borrower shaZ for pay the pranient�s tre:ecal en
mane m can a m pravde a Seats rs-r`e.err Jt the�Lmen a
xrxtdat r�•sa�t sad Lander a sgyrr,ba•bw.
assrrtdax=*��era:r weir=�Detacc B'src+�v
'TOW.. I t cV'
/6:lna t4 ate
s
•
• 0000150886 11111111111111111111111/1999 115:569
II illiii 1111d 11 III 1111ourity 111111111
S of 9 R 45.00 D 0.00 JR Sukl Taukaeeto
9.Inspection.Lender or its agent may make reasonable conies upon and inspections of the Property. Lender shall
give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10: Condemnation.The proceeds of any award or claim for damages,direct or consequential, in connection with
any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation. arc hereby
a'-signed and shall be paid to Lender.
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security
inearuiucn. whether or not then due,with any excess paid to Borrower.In the event of a partial taking of the Property in
hich the fair market value of the Property immediately before the taking is equal to or greater than the amount of the
guru secured by this Security Instrument immediately before the taking,unless Borrower and Lender otherwise agree in
w riling, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the
following fraction: (a) Lhc total amount of the sums secured immerlielely before the taking,divided by(b) the fair market
v'Inc of the Property immediately before the taking. Any halnncc shall be paid to Borrower. In the event of a partial
taking of the Property in which the fair market value of the Property immediately before the taking is hiss than die
a•:tount cf the sums surd immediately before the taking, unless Bonrnva and Lender otherwise agrec in writing or
u-isess applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument
whether or rot the sums arc then due.
If the hv}t.ty is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to
make an award or settle a claim for damages. Borrower fails to respond to Lender within 30 days after the ,Nor the
n rte is givat. Lend..-- is authorized to collect and apply the 1„u-seeds,at its option, either to restoration or repair of the
P-corny or to the sums secured by this Security Instrument.whether or not then duc.
Unless Lender and Borrower otherwise:iglu. in writing,any cpl cation of proceeds to principal shall not extend
o- pospc= the doe date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such
ruyoans
It. Bor.uwcr Nut Retraced; Forbearance By Lender Not a Waiver. Extension of the time for povment or
r..odifracin or antcrti-oaioo of the stms Retired by this Security (ns^umctt granted by Lender to any successor in
tercel of Borrower shall not operate to-rclrse the-liability-of the-crginal•Borrower-or-Borrower's successors in
tetcc-Lender shall not be required to comma=ptceedinrs azaarst any r.,-• .ta=ter.a or refuse to extend time
for payscraat or twist modify amortization of the sums secured by this Security Inm'umcnt by reason of any demand
rr-de by the original Borrower or Borrower's srxcessors in interest.Any forbearance by Lender in exercising any right
or rcrr`y shall cot be a wart of er preclude the exercise or any right or randy.
I2.Seccessars and AssiRrts Sound;Joint and Serena Liability; Co-signers.The covenants and agreern:stts of
:Lis S.acity Sntnmrrt shag bind and benefit the su-csessors and assigns of Lender and Borrower, subject to the
;--orisieas of {.._.e,.µ.1. 17. Borrawa's covenants and .:erecments Stall-be point and scvuaL Any Bnnunts who
: .s—era this trrn-ity Instument but does not accuse the Nan (a) is co-signing this Security Instrument only to
rertgsgc._rat and Irnvey that Borrower's intatst in the Property nada the trnm of this Seemity Instrument (b) is
roc ere ele gi ed to pay the sums seared by this Security Instrument and (c)ague s 'haste—rein and any mho.
Lao..., =y z to mood.r-=fy,forbear or make cry acmmmc ciao with regard to the terms of this Security
or the Yoe wi txtut that Borrower's consent
13. Loma Charges. If the ksn secsaed by this Sccity Insmimera is subject to a law which sets maximum kwst
e'er s, tr.e. d-:: 'av: a fsaty it-prCod so that the test or other iowt charges cotta;d or to be collated m
:set with m lam =cad the p rmeted limits. thou: (a) err such lost chage shall be reduced by the arrnctt
:tract:in er-tee t ctsg^_to the permitted limit:rid(b):my sums alscady colt,-rot from Barnwa which exceeded
will be r_farxlc4 to Brower. Larder may r1•Jxr-r to mule tha refund by reducing the principal owed
end=the`:.:,.`Cr by making a Ono payment to Borrewa.If a refund rdt.3 principal.the rn xi•+ will be treated as
:Icier:;rpvasa without any prepayment charge under the No:
IL Notices Arry=tit to Bccrowa�'plr�o�vided fm in this Security (rtsmrrnat shall be given by ddivcriag it cv by
nailing it by f�- can met c≥ss appticrsb,e law r m.--cs cm of another meeJxd. The notice shall be dii.C d 'o the
.riaty A'ri_.Y c aty other zldres Basowa desigsum by notes to Leader.Any notice to Lender shall be givra by
erac.• mail -. 'TSs stated he:� err try other eats; La�der designaim by
`. ;.riw.L^•i cs�. � notice:to B0."UwT. Any
rAYa.•6:SS
'no l el* Reim 30 O5 1.tt
•
I lilill IIIIi ! IIII IIII! ill1111111 (11111 III 11111 IIII IIi1
• 0060150886 2706541 07/14/1999 10:56R Wald County CO
6 of 2 R 45.00 D 0.00 JA Sukf Tsukamoto
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 Properly 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 he given effect:without the conflicting provision.To this end die provisions of this Security Insnlment
and the Note are cfatare'to be severable.
16. Borrower's Copy.Borrower shall be given one conformed copy of the Note and of this Security Instrument.
17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any
interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a
natural person) without Landers prior written consent, Lender may. at its option, require immediate payment in full of
all sums secured by tnis Security Instrument However, this option shall not be exercised by Lender if exercise is
prohibited by federal law as of the date of this Security Instrument
If Lender c.xacises this option.Lender shall give Borrower notice of acceleration.The natice shall provide a period
of net t ss than 30 days from the date the notice is delivered or mailed within which Borrower must pay all Sums
seemed by this Security Instmmant 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.
I8. Borau..=-7'S Right to Reiastale. If Borrower meets certain conditions, Borrower shall have the right to have
enftn.._tri.n of this Security Instrument rlicontinued at any time prior to the earlier of: (a) 5 days(or such other period
as applicable law may specify for reinstatement) before sate of the Property pursuant to any power of sale contained in
this Security Instrument; 'x (b) entry of a judgment enforcing this Security Instrument Thom conditions arc that
Biro' (a) pays Links all sums which then would be due under this Security Instrument mid the Note as if no
rc;,-aeon led oenurh: (b)cures any default of any otter covenants or agreements; (c)Pays all expenses incurred in
ofoiting this Security Irsrtm ent. including,but not limited to,reasarable auomeys' In and (d) takes such action as
Lander may reasonably require to assure that the lien of this Security Instrument, Lander's rights in the Property and
Borrower's obligation to pay the sure =red by this Security Instrument shall continue unchanged.
Upon t.- .."neat by Borrower,this Security Instrument and the obligatims secured hereby shall remain fully effective
n if no sccaatior had u However, this right to reinstate shall not apply in the case of aecclemion under
partgrrrb 17.
lS. Sale of Nate;Change of Loan&Tian The Noes err a partial interest to the Nose(together with this Security
Iitste=t)may tic:oldbee or MOM dries withwtprior noti"tu Borrower. A sale may-rtsnit in arhangcin the trinity
(Mori as the-Lima SL. 'sae) that collects monthly payments due under the Note and this Security IrtstrumenL TIC
also may be ere or case changes of the Loan Services-unrelated to a sate of the Now. If there is a change of the Loan
Saucer. Borrua'a will be giver mince notice of the change im accordance with paragraph 14 above and applxab
le
law.Tl c twe:^c will a the name and address of the new Loan Sava=and the t&eras to which perm:us should be
male-The t»ce also coot'any other infonration rewired by'ppli^+rntc Law.
20.Hazardous Substances.Barrows shall not case or permil the presence, use.disposals storage.or tt s•. Of
JOT Htxdws Sabuzxrs on or in the Property.Borrower shall not do,nor allow anyone else to do,anything affecting
the Propery is in violation of any Envirorrzcnbl Law.The preceding two=ran=shall not apply to the pregame,
sac., or wage on the Property of small mizmuues of Hazandcss Subsumes that are generally hu.ob,.izcd to be
~ to normal rrsirt'nt' I tics nod to maintrsnsncc of the
& rawer shall pre3a 'Jy gin`Lender written notice of any instigation.claim.demand.Lawsuit or ether scion by
may g :i re=1.22 or regulatory agency or •.-i z i=ty involving the Pis up.-o' and any Hazardous Substance of
Frveam;:meal Live of whrh Borrows has actual trr•a lalge.If Ecema c: lochs.or nnetilbd by r v governmental or
sgut x) zeitherity. that any removal or other or edta:.on of any }ta.erdeus Sttance. affecting the Property t•
Cr. Bcrvw'a shall promptly take all necessary remedial:miens in a:tsda ce with EJnvmen cr:ai haw.
re cabs_
te!!�sF.1ec)crrsn Pair,at• Fermaces trot
•
0000150886 1111111111111III011111111I111111111 County 11III1I1ii11111111
7 of 9 R 46.00 D 0.00 JR Suitt Taukat oto
As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous
substances by Environmental Law and the following substances: gasoline,kerosene,other flammable or toxic petroleum
products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and
radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the
jurisdiction where the Property is located that relate to health,safety or environmental protection.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows.
21.Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph
17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to
cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the
default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may
result in acceleration of the sums secured by this Security Instrument and sale of the Property.The notice shall
further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure
proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default
is 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 ievoke the power of sale
and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in
pursuing the remedies provided in this paragraph 21,including,but cot limited to,reasonable attorneys' fees and
casts of title evidence-
If Lender invokes the power of sale,Lender shall give written notice to Trustee of the occurrence of an event
of default and of Lender's election to cause the Property to be sold. Lender shall mail a copy of the notice to
Borrower as provided In paragraph 14. Trustee shalt 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
taw and shall mail copies of the notice of sate in the manner prescribed by applicable law to Btu own 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 ore or more parcels and in any order Trustee determines.
Trustee may postpone sale of any parcel of the Property by public announcement at the lime and place of any
previously scheduled sale.Leader or its designee may purchase the Property at any sale.
Trestee 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 sak in the following order. (a)to all
expenses of the sale, including, but not Emittd to, reasonable Trustee's and attorneys' fees; (b) to all sums
sec-.:ed by this Security instrument;and(c)any excess to the person or persons legally entitled to it.
2:. Release_ Upon payment of all suns secured by this Scanty Instrument, Lender shall request that Tea=
r.'czre this rarity Ins-.ruma 4 and shall product far Trustee,duly tilled.all no evidencing debts secured by this
magi Instr nco Tem=shalt release this Security Insmsneft without fccthe ingtury or liability.Borrower shall pay
any .r .ra costs and the=nay Trtum's fees in the F,
23.Waiver of Homestead.Bextawer waives alt right of hoc%tzl exemptionoys:v.
24. Riders to this S.ua ity Instrument. if me or mat riders are eaecotd by Borrower and recorded nether
with this Sccwity Inttrument. the covenants rd ayrter a of cab such rider srtan be incorporated into and shall
r."="4 rye sc ttscat the cmcmn[s and agrettcass of this Security lnsmsz.at as if the rider(s) were a part of this
Scsurie r Ir tureen(Cheek a.pliable bot(u))
A j flab e R.Rids Cax`aminasm Rider 1-4 Family Rider
Cr -1$Pay .sit Rids Panned Unit De*tbpmcnt Rider Biweekly Payment Rids
Wee*Ride Raft Imprarernent Rider D Second Hoerr Rider
VA Rader Osha(s)(spec fyl Q
-!4I CO)frnh ►apron"Ferm_3c0 tilt
c
\I
• 0000150885 1111111 I II1 I IIfl1!111111111111111111111 Ill 111111111111
27• B of p R SS•08 D 0.69 JA Sukl Te++kuoie
BY SIGNING BELOW. Borrower accepts and agrees to the to ms and covenants contained in this Security
Instrument and in any ridcr(s)executed by Borrower and recorded with it.
Witnesses: ('t-JGAil Q- ``
ia[�(: (Seal)
HOWARD D. SATTERFIE -Borrower
(Seal)
orrower
. (Seal) (Seal)
-- •Borrower •uor rower
(Scat) (Seal) I
-- -Borrower -Borrower
(Seal) (Seal)
-Borrower -Borrower
STATE OF COLORADO, County ss: Wait.
the foregoing instrument was aeknowtedgcd before me this L day of gtigO5 i 1)98
*13Y E-bwtWD D. SPETUZEIELD
• \
Witness my hand and official seal. �� r)/�"�/t
My Commission Expires: rTh2thAAASSS 111 i ,.,
r 0709 Zoo/ Notary Public
0) 0 AR '',r'l
d
i
,�BL'C' '
lc
' , % .. `_-
;
■r dw,w.Satin vA7g1
• 1
®-Oit{CO)corcrt tap..all Form 30061K1
I 11111111111 11111111111 ilia 111111111111 III 1111111111111
27e69AL 0711A/1999. 1B:SWA.Walt co,ty. CO
• 9 of 9 R 45.90 D 0.0e JA Sok! Teuke.ote
an undivided 25% interest in and to the following'
All that part of the South 1/2 of Section 15,
North,
ige 66 West
lying of the 6th P.M. , Weld County, Colorado, y g West of the West aan of the
Brighton Lateral Ditch as the same is now constructed;
EXCEPT that portion thereof conveyed to Joseph Brethauer and Frances L.
Brethauer by Warranty Deed recorded October 10, 1961 in Book 1596 at Page 545.
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Affidavit of Publication
STATE OF COLORADO
ss.
County of Weld,
I—Cin • I, Jennifer Usher
of said County of Weld, being duly sworn, say that I am an
advertising clerk of
THE GREELEY DAILY TRIBUNE, and
The Greeley Republican
that the same is a daily newspaper of general circulation and
printed and published in the City of Greeley, in said county and
state; that the notice or advertisement,of which the annexed is a
true copy, (weeks): that the notice was published in the regular
NOTICE OF PUBLIC TRUSTEE'$ SALE and entire issue of every number of said newspaper during the
k5
-r*M- SALE NO Z0.05 '' period and time of publication of said notice, and in the
TO V/IIOM rt1MrCONCERN: .r'k�; •'�',•- tuF , •nits
ttilwow.hr.g.rdt.ahe Deedarrrur b.otisdlireiinE* tm.�:r - newspaper proper and o not in a supplement thereof; that the first
a
e.n.�w How,rtl D s...Hietd - " publication of said notice was contained in the, issue of the said
Current Owner ad.«m.ncea "e M't°p'°°'°"�°"m'N"'p'"^'?' P°""°" newspaper bearing date the Seventeenth
data"mad aitlwtYtlaTwt Nat GmuyMp44
DIM alThat - .AN21,Ease day of March A.D.2000 and the last publication thereof: in the
D a e.eamga Disco nut JJuulyytl14, CvaSth - issue of said newspaper bearing date the Fourteenth
R• eeetelnp let eraethe: Renppt N.2701614 •
YOU ARE HEREBY NOTIFIED that to*CURIO WNW altne°dy�a w;eehoe a debt around by '� day of April A.D. 2000; that said The Greeley Daily Tribune
the aTni+d�ties.ew.ha.Ms` as Saaaaa and'rand 1°t a*as padded u,laid pry et and the Greeley Republican,has been published continuously and
Trim The0 Da)iglnst prneyal amount co the evidence co deb wee Two Thousand and NaiOdhs Dollars
(cienteanda'bMeY set�a u ry�'200°•°"outstanding principal nc.°a and owing an the O^aba�t-•" uninterruptedly during the period of at least six months next prior
FInT p4TO:THE Duo OF TH9fT DEMO FOff06osnD WY NOT RED to the first issue thereof contained said notice or advertisement
a rma..`'w'`°rsti[prope1N"°b'1°"d°es,which le el the property°m^MN umbers b;lM treed J above referred to; that said newspaper has been admitted to the
AnuwWid d Comet a mono mido.rid qu esca ed le 0°t°"` United States mails as second-class matter under the provisions of
AldtnplaalMsouhhalas.peon tarewn.�lip Iiatn.Retg.eeWarn ae,.em pet, . the Act of March 3, 1879, or any amendments thereof: and that
wad CottnN,Cobrab.A•a4wetaer W.ststba1M Bdgben[ance Dibhrdea.m.rroweo.wrw.ea�a..�t er 10,E 9131•it oo,w.ysto Jsa*546,Weld
oM Fl.eed*.wee,.ua byw.naay Des : said newspaper is a daily newspaper duly qualified for publishing
recorded October 10.1961 it Beek 1598 M Pao*546,Wad County Reed*.
Mgar wtth nrarw nn,u herert«er addmtle ethW.rid all nuns legal notices and
appurtenWitt Ns ances � or he al 3302 reafter a the pRroogtlr�ry midr ntdecemete end additions theme advertisements •within the meaning of the laws of the State of
THEREFORE,NOTICE IS HEREBY GIVld EN thtN11 ell t'100o•ebdt ,, the cite Lupton,Catlarado al AM IE Colorado.
2000 a 741 It A,.1,Omelet Colorado,eel at pubic auction to the highest and best bdSr Mr-ce.h,the
hid property described above,and a1 Sweat at said(Warner,the heirs and signs a said OwMar,for th
owner ot the iWen.dae provided n said note end bed aloof attorney lees,and the expense a ate andwMdeliver bthe Wmh.sameeNlueneapur°beee�M at moldedw.
8 aRey la
7.r:March 2. R1tl0March 17 24.31 April 7. 14.200Q
m. Tams*
tiemh 17. .Aphl 7 14 2000• _ .
Total Charges: $270.55
-� 1 l 110
Advertising Clerk
Subscribed and sworn to before me this
14th day of April A.D. 20QQ
My Commission Expires 7-28-2000
Notary Public
[4 EXHIBIT
s ay
%fill
11111 1111111 gill 1111111111 111.111
ll M 11111 IIII Till —ReeD
2804652 11/03/2000 02:12P JA Suki Tsukamoto
1 of 1 R 5.00 0 0.00 Weld County CO
(( PUBLIC TRUST'EE'S VELD
l4 a 20-058
Sale No.
THIS DEED is made Ndvetber 2 ,2000/4"/ ,between
as the Public Trustee,of the
`County of Weld ,Colorado,and
New Century Mortgage Corporation
,Grantee,the holder of the
D Certificate of Purchase, D Certificate of Redemption issued to the lienor last redeeming, whose legal address is
18400 Von Farman, Suite 1100, Irvine, California
WHEREAS, Howard D. Satterfield
did,by Deed of Trust dated July J fi 24 , 19 98 ,and recorded in the office of the Clerk and Recorder
of the County of Weld ,Colorado,on July 7% 14 , 199 9 ,
in Book ,Page ,(Film No. ,Reception No. 2706541'
convey to the Public Trustee, in Trust, the property hereinafter described to secure the payment of the indebtedness
provided in said Deed of Trust;and
WHEREAS,a violation was made in certain of the terms and convenants of said Deed of Trust as shown by the Notice
of Election and Demand for Sale filed with the Public Trustee (a duplicate of which was recorded in the office of said
County Clerk and Recorder);the said property was advertised for public sale at the place and in the manner provided by
law and by said Deed of Trust;Notice of Right to Cure and Redeem and Notice of Sale were given as required by law;said
property was sold according to said Notice of Sale; and a Certificate of Purchase thereof was made and recorded in the
office of said County Clerk and Recorder;and
WHEREAS,all periods of redemption have expired.
NOW,THEREFORE,the Public Trustee, pursuant to the power and authority vested by law and by the said Deed of
trust, confirms the foreclosure sale and sells and conveys to Grantee the following described property located in the
County of Weld , State of Colorado,to-wit:
An undivided 25% interest in and to the following:
All that part of the South half of Section 15, Township 1 North, Range 66
West of the 6th P.M. , Weld County Colorado, lying West of the West side of the
Brighton Lateral Ditch as the same is now constructed; except that portion
thereof conveyed to Joseph Brethauer and Frances L. Brethauer by Warranty
Deed recorded October 10, 1961 in Book 1596 at Page 545, Weld County Records.
Together with all improvements now or hereafter erected on the Property, and
all easements, appurtgnances or fixtures now or hereafter a part of the
Property and all replacements and additions thereto.
also known by street and number as 3392 Weld County Road 31, Fort Lupton, CO 80621
TO HAVE AND TO HOLD the same,with all appurtenances,forever,
Executed the day and year first above written.
4
7M. u;
Public Trustee of, I/ County of Weld
State of Colored
•
By
Deputy Public Trustee
STATE OF COLORADO
County of ss.
The foregoing instrument was acknowledged before me this 2nd day of November ,n2000,
by Mary Hergert as the Public Trustee of the
County of Weld ,State of Colorado.
My commission expires Jla'•e 6, 2004 ) 1F
Witness my hand and official seal. 1 r `." 4*
•ifin Denver,insert"City and". Pf 0U PuNA
SCH iiU1
Name and Address of Person Creating Newly Cleated Legal Detail' sr H'I B 11,As
No.30.Rev,6-92. PUBLIC TRUSTEE'S DEED
Bradford Publishing,1743 Waste St.,Denver,CO 80202—(303)292-2500-7-93
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