HomeMy WebLinkAbout20013207 WELD COUNTY HOUSING AUTHORITY
552
DEED OF TRUST
THIS DEED OF TRUST, made this urn day of October, 2001,by and among Catholic
Charities and Community Services Farm Labor Housing Corporation, a non-profit corporation
organized and existing under and pursuant to the laws of the State of Colorado, whose address is
460 Linden Center Drive, Fort Collins, Colorado 80524 ("Borrower", which term shall also
include successors in interest) and the Public Trustee of the County of Weld, State of Colorado
(the "Trustee"), and the Weld County Housing Authority, a political subdivision of the State of
Colorado, whose address is 809 9th Street, Greeley, Colorado 80631 (the "Beneficiary").
Borrower, in consideration of the premises and the performance of the covenants and
agreements herein contained, does hereby grant, bargain, sell, convey and confirm unto the
Trustee, in trust, the property described HEREIN BY LEGAL DESCRIPTION: Plaza del Sol, a
42 unit, low-income rental facility for the farm worker population in Greeley, Colorado,
located at 2500 1st Avenue, Greeley, Colorado 80631, and legal description being described
in the attached Exhibit "A," together with all buildings, improvements, including apparatus,
equipment, fixtures or articles, whether in single units or centrally controlled to supply heat, gas,
air conditioning, water light,power systems, machines, appliances and fixtures or other services,
and any other thing not or hereafter situated therein or thereon which are now or may hereafter
pertain to or be used on or in said premises even though they be detached or detachable, also all
buildings, improvements or construction materials, supplies and equipment now or hereafter
delivered to said premises and intended to be incorporated and installed therein or used in
construction therein; also all building permits, tap fees, plans and specifications relating to
contemplated construction or improvements on said land; together with any and all water,water
rights, ditch rights, water stock, water and sewer taps, and/or ditch stock, gas taps, mineral rights,
easements, access rights, now property described HEREIN, all of which are hereby declared to
be a part of said real property, whether physically attached thereto or not.
To have and to hold the same, together with all and singular the tenements, hereditaments
and appurtenances thereto belonging or in any way appertaining and the reversion and
reversions, remainder or remainders, rents issues and profits thereof, and also all the estate,
rights, title, interest, property possession, claims and demands whatsoever, as well as in law or in
equity of the Borrower in and to the same and every part thereof unto the Trustee, his successor
or assign, IN TRUST NEVERTHELESS, upon the following terms and conditions:
1. Obligations Secured: This grant and conveyance is made in trust to the Trustee with
power of sale to secure the following:
A. The payment of the principal of and interest on a Promissory Note herewith
executed by the Borrower in the principal sum of One Hundred Thousand
DOLLARS AND NO/100 ($100,000.00) PAYABLE TO THE ORDER OF THE
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Beneficiary(the "Note") and proceeds of which are to be used for costs associated
with the acquisition, rehabilitation or construction of the real property described
HEREIN, which Note shall bear interest at the rate set forth therein with the
unpaid balance of principal together with all accrued and unpaid interest due and
payable August 1, 2024, if not sooner paid.
B. The payment of other sums advanced or costs and expenses incurred by the
Beneficiary under or by virtue of the provisions of this Deed of Trust, together
with interest thereon, and the performance of all of the terms and provisions of a
contract (the "Contract")between Beneficiary and the Borrower pursuant to which
the Note was issued.
2. Covenants of the Borrower: The Borrower covenants, warrants, and agrees to and with
the Beneficiary as follows:
A. To pay the principal and interest and other sums of money payable by virtue of
the Note, this Deed of Trust, and the Contract on the days the same become due,
and to keep and perform each and every other covenant and agreement in the
Note, Deed of Trust, and Contract.
B. To keep the improvements now existing or hereafter constructed on the real
property insured under an all-risk insurance policy in an amount at least equal to
the lesser of the full insurable value of any and all such improvements or the
amount of the obligations secured hereby, and maintain at all times worker's
compensation insurance as required under the laws of the State of Colorado. The
Beneficiary shall be designated as a co-insured on all policies of insurance. All
insurance shall be carried in companies approved by the Beneficiary and the
policies and renewals thereof shall be held by the Beneficiary and have attached
thereto loss payable clauses in favor of and in form acceptable to the Beneficiary;
in the event of loss, the Borrower will give immediate notice by mail to the
Beneficiary and the Beneficiary may make proof of loss if not made promptly by
the Borrower, and each insurance company concerned is hereby authorized and
directed to make the payment for such loss to the Beneficiary instead of the
Borrower and the Beneficiary jointly, and the insurance proceeds or any part
thereof may be applied by the Beneficiary, at its option, either to the reduction of
the indebtedness hereby secured or to the restoration of the improvements or
repair of the property damage. In the event of foreclosure of this Deed of Trust or
other transfer of title to the mortgaged property, all rights, title and interest of the
Borrower in and to any insurance policies then in force shall pass to the purchaser
at said foreclosure sale upon issuance of a Deed pursuant thereto.
C. To permit, commit or suffer no waste, impairment or deterioration of said real
property or the improvements constructed hereon, and to keep all buildings or
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improvements now or hereafter constructed on said real property in good
condition and repair and to make any repairs which the Beneficiary, in its sole
discretion, deems necessary for the proper preservation of said real property or
improvements. If the Borrower shall fail to so keep and maintain the real property
or improvements, the Beneficiary, at its option, may cause reasonable repairs and
maintenance to be performed at the expense of the Borrower or may elect to
construe this occurrence as an event of default under Paragraph 4.
D. Not to permit, commit or suffer any destruction, alteration or removal of the
improvements or any part thereof now or hereafter constructed on said real
property or which may at any time constitute part of the premises without the
prior written consent to the Beneficiary.
E. To promptly comply with or cause compliance with all present and future laws,
ordinances, rules, regulations, and other requirements of all governmental
authorities whatsoever have jurisdiction of or with respect to the real property or
any portion thereof or improvements thereon or the use or occupancy thereof.
F. To pay, from time to time, whenever the same shall come due, all claims, taxes
and assessments and all lawful claims and demands of mechanics, materialmen,
laborers and others, which, if unpaid, might result in or permit the creation of a
lien on the mortgaged property or any part thereof, or on the revenues, rents,
issues, income and profits arising therefrom and in general, to do or cause to be
come everything necessary so that the lien hereof shall be fully preserved without
cost or expense to the Beneficiary as a first and prior lien against the real property
described HEREIN.
G. To remove or cause to be bonded in a manner satisfactory to the Beneficiary all
liens or encumbrances of every kind of character claimed to be prior to this Deed
of Trust and, on request, exhibit to the Beneficiary evidence of the discharge and
satisfaction or bonding or such liens.
H. To permit the Beneficiary to make physical inspection of the real property and
any buildings or improvements constructed thereon at any reasonable time upon
the request of the Beneficiary.
To pay, if this Deed of Trust is foreclosed through the Public Trustee or through
the courts or in the event collection efforts are commenced by an attorney for such
purpose, a reasonable attorney's fee even though a fore closure proceeding or
notice of election and demand is not filed. In any of the foregoing events, the
Beneficiary shall also be paid by the Borrower for all additional costs incurred.
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J. To appear in the defend any action or proceeding affecting or purporting to affect
the real property, the buildings and improvements constructed thereon or to be
constructed thereon or to be constructed hereon, the fixtures, chattels, and
personal property heretofore referred to, the priority of this Deed of Trust as a first
lien against such property, or the Beneficiary's rights therein or thereunder, and to
pay or reimburse the Beneficiary for all costs and expenses, including attorney's
fees, incurred by the Beneficiary as a result of any such action or proceeding
which it may be required to defend.
K. In the event of non-completion of the project, within the time specified in the
contract, the Beneficiary shall have the option to declare non-completion an event
of default under Paragraph 4.
3. Eminent Domain: If the real property described HEREIN, or any portion thereof, shall be
condemned or taken from public use under the power of eminent domain, or in the event
that the property shall be damaged by public risks or private acts, all awards, damages,
and compensation therefor shall be paid to the Beneficiary and may be applied to the
principal indebtedness. If, however, at the time said payments are made, a foreclosure
proceeding with respect to said real property shall be commenced by the Beneficiary,
then such damages or compensation shall ben paid to the Public Trustee or Sheriff, as the
case may be, for the use and benefit of the holder of the Certificate of Purchase, and any
such award shall be applied against the amount necessary to redeem said real property
and if no such redemption be effectuated, then the amount of any such award shall be the
sole and exclusive property of the holder of the Certificate of Purchase upon issuance of a
Deed pursuant to such foreclosure.
4. Events of Default: The following constitute events of default:
A. Any failure or neglect to comply with any of the terms, conditions, warranties and
provisions of this Deed of Trust or of the Contract;
B. Any failure or neglect to promptly perform any of the stipulations, agreements,
conditions, and covenants of the Note;
C. Any failure to pay when due any sums of money due under the Note or herein
referred to;
D. Any warranty, representation or statement furnished to the Beneficiary by or on
behalf of the Borrower or any of them, proves to have been false in any material
respect when made or furnished.
E. If the Borrower shall (i) apply for or consent to or have appointed a receiver,
trustee or liquidator of the Grantee or of all or substantially all of its assets; or(ii)
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file a voluntary petition in bankruptcy, is adjudicated as bankrupt, or files a
petition or institutes any proceedings under the National Bankruptcy Act; or(iii)
makes a general assignment for the benefit or creditors; or(iv) files a petition or
an answer seeking a reorganization or an arrangement with creditors or takes
advantage of an insolvency law, or(v) files an answer admitting the material
allegations of petition filed against said Borrower in any bankruptcy,
reorganization or insolvency proceeding; or(vi) upon death, dissolution,
termination of existence, or insolvency of Borrower.
5. Remedies: In case of any event of default, the Beneficiary shall and may exercise any or
all of the remedies set forth below, in accordance with and not in limitation of those
otherwise conferred by or existing under applicable law. Each such remedy shall be
cumulative and shall be in addition to every other remedy existing under this Deed of
Trust, the Note or the Contract or at law or equity or by statute.
Each of such remedies may be exercised from time to time and as often as may be
deemed expedient by the Beneficiary. Such remedies are as follows:
A. The Beneficiary may declare the aggregate sum set forth in the Note then
remaining unpaid together with all accrued interest and all other sums secured
hereby immediately due and payable.
B. The Beneficiary may take possession and control of said premises and complete
the construction of said improvements and perform such acts thereon or in
connection therewith as the Beneficiary may deem necessary or advisable and
pursuant thereto expend any undisbursed funds in the construction loan account
and such additional funds as in its sole discretion it shall deem necessary for such
purposes, all of which shall be secured by the lien of this Deed of Trust.
C. The Beneficiary may collect and receive any and all rents, issues and profits of
said premises and may apply the same to the indebtedness secured hereby in any
manner or to the repair or maintenance of the premises or both.
D. The Beneficiary may apply for and obtain, either in its own name or through the
Trustee, exparte and without notice (notice being expressly waived hereby), the
appointment of a receiver for the premises and for rents, issues and profits
therefrom, and may have such receiver appointed as a matter of right without
regard to the insolvency of any person, or the adequacy of any security or the
existence of waste. The Beneficiary may have sums received by such receivers,
after deduction and payment of the costs and expenses of such receivership,
including the attorney's fees of the Beneficiary, applied to the indebtedness
secured hereby in such manner and order as the Beneficiary may request and to
the completion and preservation of the improvements.
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E. The Beneficiary may file notice with the Trustee declaring such default and its
election and demand that said property by advertised for sale and sold, and
thereupon the Trustee shall sell and disOpose of said premises in accordance with
the laws of the State of Colorado. The Trustee, out of the proceeds of such sale,
after first paying and retaining all fees, charges, and costs of making such sale,
shall pay to the Beneficiary the principal and interest due on the Note and all
monies advanced for insurance, taxes, assessments, repairs, maintenance, utilities
and such other charges provided herein, together with interest thereon at the rate
of Twenty Four percent(24%) per annum, rendering the surplus, if any, first unto
any subsequent lienors and then to the Borrower in accordance with statutes of the
State of Colorado.
The Beneficiary may be the purchaser of the property at any such foreclosure sale,
but such purchase shall in no way be deemed a waiver of its right to pursue the
collection of a deficiency that may be owed on the Note.
F. The Beneficiary, with regard to the fixtures, chattels, and personal property, may
exercise from time to time any and all rights and remedies available to it as a
secured party under the Uniform Commercial Code of Colorado and any and all
other rights and remedies available to it under any other applicable law and upon
request or demand of the Beneficiary, the Borrower shall, at the expense of the
Borrower, assemble the fixtures, chattels, and personal property and make them
available to the Beneficiary at a reasonably convenient place designated by the
Beneficiary.
6. General:
A. No waiver by the Beneficiary of any default shall operate as a waiver of any other
default or of the same default on a future occasion. No delay or omission on the
part of the Beneficiary in exercising any right or remedy shall operate as a waiver
thereof, and no singular or partial exercise by the Beneficiary of any right or
remedy shall preclude any other or future exercise thereof or the exercise of any
other right or remedy. The provisions of this Deed of Trust are cumulative and in
addition to the provisions of the Note secured hereby and all other instruments
securing the Note. All rights of the Beneficiary hereunder shall inure to the
benefit of its successors and assigns and all obligations hereunder of Borrower
shall bind the heirs, successors, legal representatives and assigns of the Borrower.
B. Upon payment of all of the indebtedness secured hereby and full performance
hereof by the Borrower, the Beneficiary shall promptly, after written notice from
the Borrower, execute and deliver to the Borrower a request for the release of this
Deed of Trust directed to the Trustee. The borrower shall, however, pay all costs
and expenses in connection with the recordation and execution of said release.
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C. The paragraph headings are inserted herein solely for the purpose of convenient
reference, and shall in no way affect the meaning and purposes of the provisions
hereof.
D. If any term, covenant or condition of this Deed of Trust of the application thereof
to any person or circumstances shall be invalid or unenforceable, the remainder of
the terms, covenants, and conditions hereof and the application of any term,
covenant and condition hereof to any other person or persons shall not be affected
thereby and each term, covenant and condition hereof shall be valid and
enforceable to the fullest extent permitted by law.
E. This Deed of Trust, the Note, Contract, and all other documents executed and
delivered in connection herewith shall be construed and enforced in accordance
with the laws of the State of Colorado.
IN WITNESS WHEREOF, the undersigned have executed this Deed of Trust this 18th
day of October , 2001.
CATHOLIC CHARITIES AND COMMUNITY SERVICES FARM LABOR HOUSING
CORPORATION, a non-profit corporation organized and existing under and pursuant to the laws
of the State of Colorado.
TTEST:
BY �n iii �(/1 aY`
Ernest F. Giron, Executive Director
By:
Thomas 0. David
(SEAL) "'•.
STATE OF COLORADO
• .
COUNTY OF Larimer ss. •
The foregoing instrument was acknowledged before me this 18th day ofOctobei 001,tcc
by Ernest F. Giron, as Executive Director of CATHOLIC CHARITIES AND c MMUST*Y 4 i
SERVICES.FARM LABOR HOUSING CORPORATION, a non-profit corporatrodlorg3ri}zed<
.47
and•existing un4 r and pursuant to the laws of the State of Colorado.
�' Wii>iess my band and official seal. Elena P.spiotta
My Commission Expires
-
1.... . ri i ion expires:
lic
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EXHIBIT "A"
A portion of the Northwest Quarter of the Southwest Quarter of Section 16, Township 5
North, Range 66 West of the 6th P.M., City of Greeley, County of Weld, State of Colorado, being
more particularly described as follows:
Beginning at the Northwest Corner of the Southwest Quarter of Section 16, Township 5
North, Range 66 West of the 6th P.M.;
thence South 89°13' 40" East, 1,323.8 feet;
thence South 00°16' 32" West, 680 feet to the True Point of Beginning;
thence North 89°13' 40" West, 653.19 feet;
thence South 00°16' 32" West 384.85 feet;
thence South 89°23' 42" East, 653.19 feet, more or less, to a point on the East Line of the
Northwest Quarter of the Southwest Quarter of said Section;
thence North 00°16' 32" East, 384.84 feet along the East Line of the Northwest Quarter of
the Southwest Quarter of said Section to the Point of Beginning, County of Weld, State of
Colorado.
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WELD COUNTY HOUSING AUTHORITY
5�
PROMISSORY NOTE
FOR VALUE RECEIVED, Catholic Charities and Community Services Farm Labor
Housing Corporation, a non-profit corporation organized and existing under and pursuant to the
laws of the State of Colorado, whose address is 460 Linden Center Drive, Fort Collins, Colorado
80524, (the "Borrower", which term shall also include successors in interest),promises to pay to
the Weld County Housing Authority, a political subdivision of the State of Colorado, (the
"Beneficiary"), the principal sum of One Hundred Thousand DOLLARS AND NO/100
($100,000.00), pursuant to the Loan Contract hereinafter referred to, and to pay interest on the
principal balance outstanding from September 1, 2004, until the Note is paid in full at the rate of
Three percent (3%) per annum. All interest hereunder shall be calculated on the basis of a 350-
day year, actual day elapsed.
The loan evidenced by this note is being made to finance certain costs in connection with
construction of residential housing facilities, located, or to be located on the real property
described HEREIN BY LEGAL DESCRIPTION: Plaza del Sol, a 42 unit, low-income rental
facility for the farm worker population in Greeley, Colorado, with the legal description being
described in the attached Exhibit "A."
This Note is secured by a Deed of Trust encumbering the real property described above.
The terms, conditions, covenants, provisions, stipulations, and agreements of said Deed of Trust
and the Loan Contract are hereby made a part of this Note by reference in the same manner and
with the same effect as if they were fully set forth herein, and the Borrower hereby covenants and
promises to abide by and comply with each and every covenant and condition set forth in this
Note, Deed of Trust and Loan Contract.
Terms and Conditions of this Note shall include:
A. The payment of the principal and interest until the entire indebtedness evidenced
by this Note is fully paid; provided, however, if not sooner paid, the entire
principal amount outstanding and accrued interest thereon, shall be due and
payable on August 1, 2024.
B. The payment of other sums advanced or costs and expenses incurred by the
Beneficiary under or by virtue of the provisions of this Deed of Trust, together
with interest thereon.
C. All terms and provisions contained in the contract between the Borrower and
Beneficiary are incorporated herein as if fully stated.
The Borrower reserves the right to prepay all or any part of the principal owing on this Note at
any time or times prior to maturity without notice and payment of any premium or penalty.
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Upon the occurrence of any of the following events, the entire unpaid principal hereof,
together with all accrued interest thereon, shall, at the option of the Beneficiary, and without
notice, become at once due and payable (and no failure by the Beneficiary to exercise such
option shall be deemed or construed as a waiver of the right to exercise the same in the event of
any subsequent default or breach):
1. Any default in the payment, when due, or any part of the principal or interest
hereunder.
2. Any breach or failure of the Borrower to perform within the allotted time any term
or condition of the Loan Contract, the Deed of Trust, or any other instrument
securing to the Beneficiary payment of performance of any obligation of the
Borrower.
3. If the Borrower shall be involved in financial difficulties as evidenced: (i)by an
admission in writing of the Borrower's inability to pay its debts generally as they
become due; (ii)by filing a petition in bankruptcy or for the adoption of an
arrangement under the National Bankruptcy Act (as now or in the future
amended) or an admission seeking the relief therein provided;(iii) by making an
assignment of the benefit of creditors; (iv) by consenting to the appointment of a
receiver or trustee for all or a substantial part of the Borrower's assets or to the
filing of a petition against the Borrower under said Bankruptcy Act; (v)by being
adjudicated as bankrupt; (vi)by the entry of a court order appointing a receiver or
trustee for all or a substantial part of the assets of the Borrower or approving as
filed in good faith a petition filed against the Borrower under said Bankruptcy
Act; (vii)by the assumption of custody or sequestration by a court of competent
jurisdiction of all or substantially all of the assets of the Borrower; (viii)by an
attachment for an amount in excess of$25,000 on any substantial part of the
assets of the Borrower which shall not be discharged within thirty (30) days from
the making thereof; or(ix)by a judgment or decree for the payment of money in
excess of$25,000 being entered against the Borrower, or if an attachment,
execution or levy is made upon any of the Borrower's assets and the judgment,
execution or levy, as the case may be, is not discharged or stayed within thirty
(30) days from the date of the judgment, attachment, execution or levy as the case
maybe.
4. If the Borrower shall have made any misrepresentation of a material nature in its
application for the Loan, or in any document furnished by it to the Beneficiary
relative to the Development.
5. If there is pending or threatened litigation with respect to the Loan or the
performance by the Borrower of any of its duties or obligations hereunder.
6. If the Borrower does not strictly comply with any provisions of the Colorado
Housing Act of 1970, as amended, the Beneficiary's Guidelines and Priorities and
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the policies and procedures of the Beneficiary.
7. If the Development cannot proceed because of inability to continue land option or
secure zoning or due to any action by any branch of government which impairs
use of the property herein described for proposed Development purposes.
8. If the Beneficiary determines that the Borrower has abandoned or discontinued
the initiation, construction or rehabilitation of the Development.
The Borrower, and any and all endorsers, sureties, guarantors and assumes hereof, hereby
jointly and severally waive presentment, demand, protest, notices of dishonor and of protest, the
benefits of homestead, and all other waivable exemptions, and all defenses and pleas on the
ground of any extension(s) of the time of payment or of the due dates of this Note, in whole or in
part,before or after maturity, with or without notice, it being further agreed by the Borrower and
all such parties that they will pay any collection expense, court costs, and reasonable attorneys'
fees which may be incurred in the collection or enforcement of this Note or any part thereof.
This document shall be governed by the laws of the State of Colorado and any dispute
regarding its terms and conditions shall be resolved in the District Courts of the State of
Colorado.
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Signed this 18thday of October, 2001. ••
CATHOLIC CHARITIES AND COMMUNITY SERVICES FARM LABOI3,HOUSING
CORPORATION, a non-profit corporation organized and existing under and pursuant to the 1aw3.
of the State of Colorado.
B /l/Vt D�
��n ATTEST: SEAL)
Ernest F. Giron, Executive Director
By:
Thomas 0. David
STATE OF COLORADO
COUNTY OF Larimer ss.
October
The foregoing instrument was acknowledged before me thisl8th day ofl
2001, by Ernest F. Giron, as Executive Director of CATHOLIC CHARITIES AND
COMMUNITY SERVICES FARM LABOR HOUSING CORPORATION, a non-profit
corporation drggnized and existing under and pursuant to the laws of the State of Colorado.
Elena P.Spiotta
Witness myband and official seaMy Commission ••)xpiree
` ' 10-04-20D2
ts4)LcomFn4s5lon expires:
rI
ary Public /
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e
EXHIBIT "A"
A portion of the Northwest Quarter of the Southwest Quarter of Section 16, Township 5
North, Range 66 West of the 6th P.M., City of Greeley, County of Weld, State of Colorado, being
more particularly described as follows:
Beginning at the Northwest Corner of the Southwest Quarter of Section 16, Township 5
North, Range 66 West of the 6th P.M.;
thence South 89°13' 40" East, 1,323.8 feet;
thence South 00°16' 32" West, 680 feet to the True Point of Beginning;
thence North 89°13' 40" West, 653.19 feet;
thence South 00°16' 32" West 384.85 feet;
thence South 89°23' 42" East, 653.19 feet, more or less, to a point on the East Line of the
Northwest Quarter of the Southwest Quarter of said Section;
thence North 00°16' 32" East, 384.84 feet along the East Line of the Northwest Quarter of
the Southwest Quarter of said Section to the Point of Beginning, County of Weld, State of
Colorado.
M,w"IJESo ,.aacs�u.$
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