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Home My WebLink About840443.tiffRESOLUTION RE: APPROVAL OF RENEWAL REQUEST FOR LIQUOR LICENSE ISSUED TO JERRY DALE HERNANDEZ, D/B/A WESTVIEW LIQUOR, GREELEY, COLORADO - EXPIRES AUGUST 8, 1985 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, Jerry Dale Hernandez, d/b/a Westview Liquor, Greeley, Colorado, has presented to the Board of County Commis- sioners of Weld County, Colorado, an application for a Retail Liquor License for the sale of malt, vinous, and spirituous liquor for consumption off premises only, and WHEREAS, pursuant to Weld County Ordinance No. 6, Section II., C., said applicant has paid the sum of $87.50 to the County for renewal of the existing license, and WHEREAS, said applicant has exhibited a State Liquor License for the sale of malt, vinous, and spirituous liquors' for con- sumption off the premises only, outside the corporate limits of any town or city in the County of Weld at the location described as follows: 5901 West 10th Street, Greeley, Colorado 80634 NOW, THEREFORE, BE IT RESOLVED that the Board of County Com- missioners of Weld County, Colorado, having examined said appli- cation and other qualifications of the applicant, does hereby grant License Number 84-16 to said applicant to sell malt, vinous, and spirituous liquor for consumption off the premises only, only at retail at said location and does hereby authorize and direct the issuance of said license by the Chairman of the Board of County Commissioners of Weld County, Colorado, attested to by the County Clerk and Recorder of Weld County, Colorado, which license shall be in effect until August 8, 1985, providing that said place where the licensee is authorized to sell malt, vinous, and spirituous liquor shall be conducted in strict con- formity to all of the laws of the State of Colorado and the rules and regulations relating thereto, heretofore passed by the Board of County Commissioners of Weld County, Colorado, and any viola- tions thereof shall be cause for revocation of the license. 840443 L_ Page 2 RE: LIQUOR LICENSE - WESTVIEW LIQUORS The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 16th day of July, A.D., 1984. ATTEST LT?.t.wuat,,,, Weld County Clerk and Recorder and Clerk to the Boa By&_X 9-4L-7it4 x Deputy County Clerk APPROVED, AS TO FORM: County Attorney BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO (Aye) Norman Carlson, Chairman son, Pro-Tem EXCUSED DATE OF SIGNING (Aye) Gene R. Brantn Cuck C a r l sn, Martin TT. Martin (Na ) (Aye) LHR 332 ,." DEPARTMENT OF REVENUE LIQUOR ENFORCEMENT DIVISION STATE CAPITOL ANNEX 1375 SHERMAN STREET DENVERL COLORADO 80261__ ,.r:YY4 + T c:. r -�-.+ is .�;.11r;! ....RL G %.:. Li -Z1 _2 :tic': LIQUOR LICENSE LICENSE EXPIRES ..- .__. __. _11AEiL1YY 1NF�{1Ni�4Tp1_T_ USE ALL EE REFERNUMMENCE F011 __ E • ALL REFERENCE CONNTY CITY r iNpUET�TME LIABILITY GATE �• 14-22002 03 2,.k 5921 1 080984.E I AUG�3 i ? `.,37 THIS LICENSE IS ISSUED SUBJECT TO THE LAWS OF THE STATE OF COLORADO AND ESPECIALLY UNDER THE PROVISIONS OF TITLE 12, ARTICLE 47, CRS 1973, AS AMENDED. THIS LICENSE IS NON -TRANSFERABLE AND SHALL BE CONSPICUOUSLY POSTED IN THE PLACE ABOVE DESCRIBED, ANY INFORMATION CHANGES TO THE LIQUOR LICENSE INVOLVING OWNERSHIP OR FINANCIAL INTEREST IN THE LICENSED PREMISES MUST BE REPORTED, WITHIN 10 DAYS, IN WRITING TO THE DEPART- MENT OF REVENUE, LIQUOR ENFORCEMENT DIVISION. STATE CAPITOL ANNEX, 1375 SHERMAN STREET, DENVER, COLORADO 80261. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND JUL 3 01984 ORL400 L DEPUTY DIRECTOR EXECUTIVE DIRECTOR O 0 U 0 J rat s04 Z E. �a o ° W v° i a 5 N ' r ro t, Club, Tavern, Etc. O H m O .. 004 H W H H 0 Retail Liquor Store, Liquor Licensed Drug Store, Hotel and Re TO SELL AT RETAIL SPECIFY KINDS OF LIQUORS O m o o 0 1.9 N G o O O cl -P o T M •H ri u -H o o w � w O N y -C F. 'O —+ 0 73 al ro rtca C O b4 X Cr) CD' + G ° •y4 0 0) .-. cr) m d -IA 4J oo • -P b • 7, is rH .ri ° 0 crow CU o' • o• rCimHo • a) o a • G y Q. o C) ci ;L1 o • ca a O 721E • ^ �1 y r °1a G o oa) d U m ca ' C m ^ cd 0 CI w o • o iii c�a bA 0 G 0 dU +� •14 -c t o toC +aPw a CI CI —w "• •••Z -a) or: b 0.°O ro '5 S - m a) C OA >>• p 0 F+ G V a) •vl oct aa.s o q N cq 1' y 't7 'i7 •� - 0 o G a CD O U m C B • a) -v $ ri co d _ a 0 O m O n ).i ., G 0. M � 71 = V` O m 'C -G ri c. m O O 7.'w ' cd E ., p G q a' °) cd O G y m O c� -u +) '' ; o al d E ca O o u).�0c+� E'D X r-i C CO N o m CP,(3 t. Cpm > g o Ha a3 q q w ® � u1 pmr3U -N y .r " cy3 0 m .G� `*" .4 C c '7 m ..� ..d O 41 0 0 �o.� � ym. a 0 a'pQ +) O' m ti p7 rn H cC o' •o ca Ct. cca J_ Q 2 d- 0 E N -P N� M rN N . UJ o a CO w¢ • }..I +J O N 6C m NU]N co U gw a� -P0 Cri a 0 czz x arU s¢ cI—_- AN •>v d zo•H 3 N CL +)�v w N VI o N 2 N N o-, h$inO IA POSTMARK OR DATE POSTAGE -'d o- l'coLE2 w3> TOTAL POSTAGE AND FEES Y w ≥ w a a0 so cu., a= o?≥ god p 3 j 3Q 3o 30 w LL o w w D ≤ U w U_ ¢ F o 3w ya o 0 3a xzw wao 0 3≥i x o� vi 0 - „c ov. v�¢i ir w to N ¢ 1 DINGS 1d13338 NH0138 0 S33IAN3S 1VNOlld0 SBA HO d 831SVWISOd iinstioo 9L61 'Jdtl'OOBE wJod Sd I Ii N NrH N NIli $4 LO • S1 1J O N OM o0 N • �+J 0 • loU e-i O N • N �3N $ • +Jrl N S 0! O N N N rn k h 3inO n E Z C 9 15O _o U E,2 DO N ry92 0 .92 2 a: T v N X w X u C a X 7. Date of Delivery 1 2.0i7 'V4"y DOMESTIC RETURN RECEIPT -. L 404 (Rev. 5/83) Dr) NOT WRITE IN THIS BLOCK STATE OF COLORADO DEPARTMENT OF REVENUE DIVISION OF LIQUOR ENFORCEMENT 1375 SHERMAN STREET DENVER, COLORADO 80261 COLORADO LIQUOR LICENSE APPLICATION Instructions on Page 4 of Application. USE LICENSE ACCOUNT NO FOR ALL REFERENCE LICENSE ISSUED THROUGH (EXPIRATION DATE) LIAB LITY INFORMATION COUNTY CITY INDUSTRY TYPE LIABILITY DATE KEY CODE STATE FEE PAID CITY COUNTY (03) 41-9 37.1 49-1 TOTAL FEE ALL ANSWERS MUST BE PRINTED IN BLACK INK OR TYPEWRITTEN 1. Name o�pplicant(s): If partnership, list partners names (at least two); if corporation, name of corporation: bf,F N-��R&y DAL 5" Nc R MA Ali)s Date filed with Local Authority: TiaNC -2 s, /98</ State Sales Tax No.: /t' 220&2 2. Trade Name of Establishment: (DBA) Business Telephone: It/r .c V -T 35%O - O 2 C9 3. Address of Premises: (Exact location of prifnises must be given. Give street and number, when possible. If place to be licensed is located in a town or rural —district where it is impossible to give street and number, the lot and block number or part of section where located must be given.) S-9 0 / W T ;/o r 5 r County: /2 EC h. c 12./ /a n 4. Mailing Address: (Nu and Street) - City or Towr �v77- r.` IGary £"y 5. If these premises are now licensed, answer the following: Trade Name of Establishment (DBA): h./s 5r v . �v " r$ unit? S City: S9a l 14/S 7- State: lam: State: G p Zip Code:.. 3 Zip Code: .5603/ State License No.:,. ,. Type of License:. R£TATL InQLOA' .c rapt Li- ccAC, Expiration Date: Aura Si )y54 KEY CODE COLUMN A STATE FEES -` LOCAL FEES KEY CODE COLUMN a STATE FEES 20 ❑'RETAIL LIQUOR STORE LICENSE -City`:`- $177.50 , -. 522.50 '. 20 tiej RETAIL LIQUOR STORE LICENSE -County 262.50 37.50 21 ❑ LIQUOR LICENSED DRUGSTORE- City i.: 177.50 ` 22.50 21 ❑ LIQUOR LICENSED DRUGSTORE -County 262.50 37.50 r. 22 ❑ BEER & WINE LICENSE -City + - - 15250 2250.. 22 ❑ BEER & WINE LICENSE -County - 23750 37.50 25 ❑CLUB LICENSE ❑City ❑County- 110.00 15.00 23 ❑ HOTEL&RESTAURANT LICENSEQCity❑County 30115 48.75 40 O TAVERN LICENSE ❑City El County ." 30125 "` 48.75f 42 O RACE TRACK LICENSE ❑ City ❑ County " 30125 48.75 41 ❑ ARTS LICENSE ❑City County _ 110.00 15.00 0 OTHER (Specify) (Change of corporate structure, location, trade name, renewal, etc.) 31 ❑ WHOLESALE LIQUOR LICENSE 1,000.00 32 O WHOLESALE BEER LICENSE 500.00 38 ❑ IMPORTER'S LICENSE (Vinous & Spirituous Liquor) 250.00 44 O NONRESIDENT MANUFACTURER or 250.00 IMPORTER (Malt Liquor) 27 ❑ BREWERY LICENSE,w 250.00 28 ❑ WINERY LICENSE `, 250.00 43 0 LIMITED WINERY LICENSE 25.00 26 ❑ PUBLIC TRANSPORTATION LICENSE each 25.00 Page 1 of 4 (continued) YES NO 6. Is the applicant; or any of the partners; or officers, stockholders or directors of said applicant (if a corporation); or manager; under the age of twenty-one years? 7. (a) Has the applicant; or any of the partners; or officers, stockholders or directors of said applicant (if a corporation) ever been convicted of a crime? If answer is "yes explain in detail. (b) Has persons lending assistance or financial support to the applicant or the manager; or employees ever been convicted of • anima; if answer is !!yes:axplun in detail. B. Has the applicant; or any of the partners; or officers, directors or stockholders of said applicant (if a corporation); rage'.-.rt„ . or manager; ever: ..t .a<, `� n*. <, . (a) been denied an alcoholic beverage license?R,." (b) had an alcoholic beverage license suspended or revokedr -c ,• (c) had Interest In an entity that had en alcoholic beverage license suspended or revoked? ' It answer Is "yes." explain In detail (Attach Separate sheet IT necessary.) , ❑ ®. ISJ Cl 9, Has a liquor license for the premises to be licensed been refused within the preceding two years? 10. Are the premises t be licensed within S00 feet of any public or parochial school, or the principal campus of any college, university or seminary? If answer Is "yes," explain In detail ors or tockholders f said nt Of a 11. orindirect interest in any other Colorado license or (includrs, e loans tosor from any licensee �orllinterest in a loan to corporation), licensee)direct -.. If answer is .!'yes," explain In detailgF; 12. State whether the applicant has legal possession of the premises by virtue of ownership or under a lease. If leased, list name end address of landlord and term of lease -Pa o55f 5 or p1R a uszw9 either by ans or rship in the 13 Identify the which this license is requested. State the names and addreorporations who now or sses, and the amount and source of have, a financial interest, such financial meresequity presses en dollars or other items of value, such as inventory, furniture or equipment; (i.e., bank, relatives, friends, previous owners, etc.). Use separate sheet if necessary. NAME • -" - ADDRESS INTEREST 14. List the names and addresses of all liquor businesses In which any of the persons In the previous question are materially Interested. (Use separate sheet if necessary.) ADDRESS NAME BUSINESS Attach copies of all notes and security instrument, and any written agreement or details of any oral agreement, by which any person (including a corporation) will share in the profit or gross proceeds of this establishment, and any agreement relating to the business which is contingent or con- ditional in any way by volume, profit, sales, giving of advice or consultation. (continued) 15. Liquor Licensed Drug Store applicants, answer the . awing: ...• . r .,•.�.:.; :.•:-:, ..• • . -.. (a) Does the applicant for a Liquor Licensed Drug Store have a Drug Store License issued by the Colorado Board of Pharmacy? If answer is "no," explain In detail, t /:y• YES NO IY k ❑ ❑ (b) Is the applicant, or does the applicant for a Liquor Licensed Drug Store employ a Pharmacist registered in the State of Colorado? If "yes, " give License Number: 16. Club Liquor License applicants, answer the following: { _.tx�a ti 'a;:3 s �,•: t s' : ., t (a) Complete items 20(a) through (d) and IfJ r -r.W (b) Is the applicant organization operated solely for a national, social, fraternal, patriotic political orathietic purpose and not for pecuniary gain? , r7 - (c) How tong has the dub been incorporated?. ..f}, ;‘ (Three years required.) . •.a ,J: (d) : How long has applicant occupied the premises to be licensed as a club? U 17. Colorado Manufacturer or Wholesaler applicants, answer the following`r.� (a) Does the applicant own,'leiirse on operate any Colorado warehouse of storage plant in connection with this business? If answer is "yes," give full' address; if"'nor in detail:'`r`" 7.2. r"'.•: ,mod, (b) Does the applicant ha'e an active surety bond for the payment of liquor excise taxes? • If answer is "yes," give *souk and name and addiess;of inwror; if ''no," explain in detail. ❑ ❑ r1 ❑ (e) if the applicant is a wholesaler, does or did any owner, part owner, shareholder, director or officer have any direct or • indirect financial interest in a wholesaler, retailer, manufacturer -or importer already licensed by the State of Colorado ,. to sell malt, vinous or• spirituous liquor? If answer Is," es," attach explanation in detail �"` (d) Does the applicant have`a valid Federal Basic Permit?.:lf 'yet," , fai copy. of the permit; if "tto,u explain in detail. ❑ ❑ ❑ ❑ 18. Nonresident Manufacturer (malt liquor) or importer (malt vinous or spirituous liquor) applicants paw"! _r=••'�t the following: ;.'_.tt'k10.•4 -,,,r4 . et,t- r -144Oielf '' 7 {�!s-$0;,..1f-sets`.�`S" (a) To what Colorado licensed wh esalerk , do yountend to ship your merchandise? ?y?�[ „ -Y r s' n w.p� a •r^ vr.1Sk i}, 3rtt"h•11!'. ";1 ",-.;Rf•.. .. '�: ,}n,., ... .i•i-P yr' ,. ,.d'a..- , (b) . f >h(e applicant is,an Importer or manufacturer, does or Aki any owners part owner, shareholder, director or Officer have _� an9 direct or'indirect financial interest in an importer; manufacturer; Wholesaler or retailer already licensed by the r,' .'StetR of Corrado to sell malt, vinous or spirituous liquor? If answer is "yes," attach explanation in detail. 4? f,'` (c) Dols the holicark have a valid Federal Basic Permit? If "yes," attach a copy of the permit; if "no," explain in detail. Kin ❑ ❑ ❑ ❑ (d),I/ ei applicant is an Importer or manufacturer, are you the primary source of supply in the US.? If �'no explain in detail.' } ❑ ❑ 19. If ttht applicant is abindividual$r partnership, answer the, following: (Attech,separatecheat, if necessary.), . (a) Name of thdlvidual or name and doss Home Addrea, Clay end State' a.:•.• each partner , ,.,••••1?: -•,4i1, < < z : u; ' _rteRay DALc. - E,RNAA1,i zap,: 3i ,4�f . • (b) Name of Operating Manager =' • Home Address, City and State: Date of Birth: 12/2 V/ (c) When did said partnership commence doing business? (Attach a copy of the partnership agreement, except as between husband and wife, and trade name affidavit.) - 20. I I the applicant is a corporation, answer the following: la) Corporation is organized under the laws of the State of: (b) Principal business is conducted at: (c) Date of filing last annual corporate report to the secretary of state: County of: Date: State of: Lig Name of each officer listed below: Home Address, City and State: Date of B irtn: President: Vice -President: Treasurer: Secretary: Operating Manager: (e) List all stockholders; include actual owner or -- Name of stockholder: pledgee. (Use separate sheet if necessary) Home Address, City and State: % of stock: Date of Birth: (f) Name of all Directors or Trustees - of Corporation: - • ' .'.- Home Address, City and State: Date of Birth: • Page 3 of 4 INSTRUCTIONS 1) Check the appropriate box for the type of license(s) being applied for on page 1. If you are applying for a retail license described in Column A, contact the Local Licensing Authority to obtain all local procedures and requirements. 2) You may attach separate sheets or additional documents if necessary to fully complete this application. Copies may be accepted (other than application) if signatures are evident. All documents must be type- written or legibly printed in BLACK ink. 3) IMPORTANT:. For those retail licenses described in Column A on page 1, this application and all support- ing documents must FIRST BE FILED IN DUPLICATE WITH AND APPROVED BY THE LOCAL AUTHORITY. Application will not be accepted unless all applicable questions are fully answered, all sup- porting documents correspond exactly with the name of the applicant(s) and proper tees are attached. 4) Form DRL 404-I, "Individual History Record" must be completed and filed in duplicate by the following: a. Each applicant b. All general partners c. Over 5% limited partners d. All officers and directors of a corporation e. All stockholders of a corporation not subject to the Securities and Exchange Act of 1934. f. Over 5% stockholders of a corporation subject to the Securities and Exchange Act of 1934. g. Operating managers h. Each person required to file form DRL 404-I must submit fingerprints to Local Licensing Authority. 5) NOTE:License status will not be given over the telephone. License will be mailed to the Local Licensing Authority upon issuance. OATH OF APPLICANT This application is to be signed by individual, each general partner of partnership and by corporate applicants. I declare under penalty of perjury in the second degree that I have read the foregoing application and all attachments thereto, and that I know the contents thereof, and that all matters and information set forth therein are true, correct and complete to the best of my knowledge and information; and I agree to conform to all applicable statutes and all rules and regulations promulgated by the Colorado Department of Revenue in connection therewith. INDIVIDUALS AND ALL GENERAL PARTNERS OF PARTNERSHIPS MUST SIGN HERE: V I f'L i .4 -&L/N LV ee--s c-G�/" l CORPORATIONS SIGN HERE: DATE: Ql+-rz/ .7 ` f /cfl g DATE: Subscribed & sworn to before me this-125thday of(kt,lne..- . FfBy REPORT AND APPROVAL OF LOCAL LICENSING AUTHORITY -7G 1 f' By (President, Vice President, or Secretary) > 1 x A , , jeats1on ETheE., (MANUFACTURERS, IMPORTERS, WHOLESALERS DISREGARD THIS SECTION) The foregoing application has been examined and the premises, business conducted and character of the applicant is satis- factory. We do report that such license, if granted, will meet the reasonable requirements of the neighborhood and the desires of the inhabitants, and complies with the provisions of Title 12, Article 47, CRS 1973 as amended. THEREFORE THIS APPLICATION IS HEREBY APPROVED. DATED AT Y /i/i-ae�l=zr this / ( .-pdayy of 4 , AD 19 AT � ✓/ (Name of Town, City and County ) BY: ,-C i an of B;rd of coup commissioner or other title of the licensirajauthority) ATTEST: •'^^' wt%'fl (Clerk, retary of other officer having the official seal of the licensing authority) (If the premises are located within a town or city, the above approval should be signed by the mayor and clerk, if in a county, then by the chairman of the board of county commissioners and the clerk to the board. If, by ordinance or otherwise, the local licensing authority is some other official, then such approval should be given by such official.) Local Licensing Authority report the following pertaining to each person required to file form DRL 404-I: FINGERPRINTED & SUBMITTED BACKGROUND N.C.I.C. & C.C.I.C. CHECKS Yes ❑ No ❑ Yes ❑ No ❑ Page 4 of 4 DRL 402 (REV. 11/791 S'�,?►TE OF COLORADO AnERGETTiNG HERNANUEZ JERRY OA6 14-22002 :2:aE'o`=1: IiLRNANUEL VICRift IA,:Y; DARTMENT OF REVENUE RENEWAL APPLICATI OR MALT, VINOUS DO NOT WRITE IN THIS SPACE AND SPIRITUOUS OR LICENSES STATE LICENSING AUTHORITY APPROVAL (GET APPROVAL OF LOCAL LI SING AUTHORITY FIRST) WESTVIEN LIQUOR 1TNA:/„Cr 5901 N 10TH ST : ao GREELEY CO 8026' 80634 RENEWAL APPLICATION FOR LIQUOR LICENSE FOR THE LICENSING PERIOD ENDING USE ACCOUNT NUMBER FOR LIABILITY INFORMATION ALL REFERENCE co NT .n. `r fP L LIABILITY DAn 14-22002 03 206 5921 5 080982 Soc. Sec No. 1 Soc. Sec. DATE SIGNATURE RETURN THIS COPY 080885 I CERTIFY THAT THERE ARE NO CHANGES TO MY LAST ANNUAL APPLICATION. IF THERE IS A CHANGED() NOT USE THIS FORM. USE AN ORIGINAL APPLICATION. NEW TRADE NAME SIGNATURE BUSINESS LOCATION ADDRESS TYPE Street City MANAGER'S NAME .. .... ., �. IF APPLICANT IS A CORPORATION, FILL IN REVERSE SIDE. _ NAME AND DESCRIPTION OF LICENSE RETAIL LIQUOR STORE4;iCENSE - MALT* ,,VINOUS it AND, SP IRZTUOUS COUNTY 63 PERCENT 04*. FEE MAKE CHECK OR MONEY ORI ER PAYABLE TO THE COLORADO DEPARTMENT OF REVENUE Do you have legal possession of the premises for which this application for license is made? Are the premises owned or rented? If rented, effective & expiration date of lease State Zip Code TOTAL FEE(S) FEE $ 50.00 $ 212.50 $ 262.50 Is applicant(s) or all officer(s) of the corporation, citizen(s) or lawfully admitted resident(s) of the United States of America? .. 4p Is the applicant, or any of the partners, or any of thicers, stockholders or directors of said applicant (If it is a corporation). or employees of any such, under the age of twenty-one years? ... _ Yesm , No Has the applicant, or any of the partners, or any of theofficers, stockholders or directors of said applicant (If it is a corporation) ever been con- victed of a crime in the State of Colorado or elsewheML ... Ves._:.... _. _ No If so, state full details Has any person, as applicant, partner, officer, director; ,stockholder or employee, ever: (a) been denied a license under this liquor law? Yes Yes . _ . No (b) had an alcoholic beverage license suspended or reMdced? _ .. Yes .._„:. No If the answer is yes, explain fully (attach separate sheet, if needed). Do you or any members of your family have a financial interest in any other liquor license? (such financial interest to include any equity interest or loans). If the answer is yes, expitsin fully (attach separate sheet, if needed). Ves .'. No ... Does any person, firm or corporation have a financial'Interest, evidenced either by loans or equity ownership in the business for which this license is requested? If the answer is 9 yM,. state names and addresses and amount of such financial interest expressed either in dollars or other items of value, such as inventory, furniture, fixtures and equipment. Yes. .._ . No . List the names and addresses of all businesses in whicil.eny of the persons in the previous question are interested. Name _ ......Business_ _ ... . _ _.m�... _ - -Address *If Federal Employers Identification Number (FEIN)is pre-printed in the above space, please check your records to see if you have the same number. If you have a different number, correct the one above so that it corresponds with your records. If no number appears in the above space, please fill in with the FEIN you have on your records. SEE REVERSE SIDE DATE: June 29, 1984 SHERIFF'S OFFICE REPORT FOR BEER OR LIQUOR LICENSE RENEWAL REQUESTS APPLICANT: Jerry Hernandez dba, Westview Liquor 5901 W. 10th Street Greeley, CO 80631 TYPE OF LICENSE: Retain Liquor Store License SHERIFF'S REPORT: Please see attached report. HEALTH DEPARTMENT REPORT: NOTE: This is a renewal request with changes, thereby requiring the State application to be filled out. The change is that Victoria Hernandez is no long°%part of the business and Jerry Herenandez is purchasing the business on his own. *\GE ^� OF THE O e., a GREELEY OFFICE P.O. BOX 759 GREELEY, CO 80632 PHONE (303) 356-4000 HAROLD L. ANDREWS PRESS RELEASE FT. LUPTON SUB -STATION P.O. BOX 123 FT. LUPTON, CO 80621 PHONE (303) 356-4000 EXT. 4690 (303) 857-2465 SHERIFF HAROLD ANDREWS,_' ANNOUNCED TODAY THAT UNDERCOVER DEPUTIES OF HIS OFFICE HAVE COM- PLETED AN INVESTIGATION OFImIQUOR STORES WHICH WERE ILLEGALLY DISPENSING ALCOHOL TO MINORS. THE SHERIFF'S OFFICE UTILIZEDA20 YEAR OLD FEMALE DEPUTY TO PURCHASE BEER FROM LIQUOR STORES IN UNINCORPORATED AREAS OF"WELDCOUNTY. THIRTEEN LIQUOR STORES WERE CHECKED AND ELEVEN LIQ- UOR STORES ILLEGALLY SOLD BEER"'TO=THE UNDERAGE FEMALE DEPUTY; SUMMONSES WERE ISSUED TO THE EMPLOYEES WHICH CONDUCTED TH SALES f OF THE BEER TO THE DEPUTY.. NO CUSTODIAL ARRESTS WERE MADE. THE OPERATION LASTED FROM 06-12-'84-thru 06-16-84. THE LIQUOR STORES CHECKED WERE IN!KEENESBURW HUDSON, EATON,, SEVERANCE, MEAD, GILCREST, AND SEVERAL OTHERS IN THE IMMEDIATE GREELEY AREA. ALL OF THE LIQUOR STORES CHECKED WERE LOC- ATED ON OR NEAR MAJOR HIGHWAYS. THE. FOLLOWING PERSONS WERE ISSUED SUMMONSES FOR VIOLATION OF THE LIQUOR CODE SECTION 12-47-128 UNLAWFUL ACTS: LIQUOR; `UNLAWFUL SALES OF MALT LIQUOR TO A PERSON UNDER TWENTY ONE (21) YEARS OF AGE: 1) DARRELL MOORE"OF•OWENS LIQUORS/EATON/LIQUOR STORE, EATON,, C0 WAS ONSED,ON 06-12-84. 2) SALLY RICHTER OF 'LARDS-LIQUOR,:_EATON, GO t WAST SUMMONSED ON -06=12-84: ., at•.- ) s. ^ .' .. `: ,: , •` i.4 ,, '`?-', 3) NORMAN GRANT OF SEVERANCE `LIQUOR=STORE,,` SEVERANCE, CO y WAS SUMMONSED DN 06-12-84. ss k t ;vim s 4) MONTY LOU MOSE440F wEST,YIEW,.Lngiou' a E, s X10: " WAS tSUNiONSE0 ma 06-12-84. 5) EDWARD WAYNE PIERCE, OF WILD`BILL'S LIQUOR,'GREELEY, CO. WAS SUMMONSED ON 06-12-84. 6) JULIE ANN JAMES: OF PEPPER POD LIQUORS, HUDSON, CO. WAS SUMMONSED ON 06-13-84. 7) BARBARA LEE CAREY OF THE,HUDSON LIQUOR STORE, HUDSON, CO. WAS SUMMONSED ON 06-13-84. 8) EILEEN ANNfB UNTZ OF..4.1184ZQUOR,,DEL;CAMINO,-LONGMONTZCO.& S ' ONSED ON 06-14-84. 9) DARWIN FREI"OF THE MEAD LIQUOR MART, MEAD, CO. WAS SUMMONSED ON 06-16-84. 10) DORA ALVIDREZ OF THE GILCREST LIQUOR STORE, GILCREST, CO. WAS SUMMONSED ON 06-16-84. 11) ELIZABETH EMMA JOHNS OF JOHNS' LIQUOR STORE , GILCREST, CO. WAS SUMMONSED ON 06-16-84. THE STORES THAT WERE IN INCORPORATED AREAS WERE DONE EITHER B 1C\..., RE EST 0 RFf SERVICED BY THE SHERIFF'S OFFICE FOR LAW ENFORCEMENT. c: Greeley Trib Longmont Times Call KFKA KYOU Ft. Lupton Press Weld Ct. Clerk to the Board COUNTY OF WELD APPLICATION FOR MALT, VINOUS AND SPIRITOUS LIQUOR LICENSE TO THE BOARD OF COUNTY COYYJSSIONERS OF WELD COUNTY, COLORADO The undersigned hereby makes application for a County Malt, Vinous and Spiritous Liquor License. 1. Name of Applicant(s) 2. Home Address of Applicant(s) 30A/ 'Ac4.1-(14...i �Anit6 3. Trade Name 4. Business Telephone 351 -025`1 S. Home Telephone Nurber (s) — ?lo $ 4/ 6. Business Address ,(5-9c)/ 2✓..e4 L /6 TL j_ 7. If Partnership, give names of partners; if a Corporation or Club, give names of principal officersl__ 8. Type of license (circles_ Retail Liquor Store l Tavern. License Restaurant License Extended Hours Liquor Licensed Drug Club License Arts License Race Track License (check one) v4or Sales for consumption OFF the premises of licensee only. For Sales for consumption ON the premises of licensee only. For Sales for consumption ON and OFF the Premises of licensee. 9. Is establishment managed by other than licensee? NO If so, give name: 10. EXACT LOCATION OF PREMISES. Give street and number, Lot and Block number or Range, Township and Section (if possible give quarter of Section). .te 6—'{ M.— Cs'9Ui 2c%,} /Qr1_A. 11. Do you have legal possession of the premises for which this application for license is made? 12. Are the premises owned or rented?'burt42q If rented, from whom? 7 • State nature of• business conducted: Pte- 14. If restaurant, state whether other business is conducted except sale of food, meals, drinks and tobaccos: If club, state whether °berating :or a national, social, fraternal, patriot_ politicalor athletic nature: _F. If club, state whether the property and a advantages of club belong to _i. _ club, state whether it is for pecuniary gain: _ Zs applicant(s) c_ allofficersof the corporation or club a citizen(s) of the United States? Applicant(s) Has applicant(s) a state license for the sale of Malt, Vinous and Spiritous Liquor? .0. Has applicant(s) ever been convicted of a felony? 92o-- 21. If answer toquestion 20 is "yes", give full details: 22. Has applicant beer. adjudged guilty by a court of record of violating the laws covering the prevention of gambling under the laws of the State.of Colorado, or under the laws of the United States? no - :3. If answer to question 22 is "yes", give full details: 24. Will applicants) permit any wholesaler or manufacturer to be._interested financially by loan or otherwise, in applicant's business? f-- 23. If answer to question 24 is "yes", give full details: '.5. T?i.11 applicant(s) use any equipment, fixtures, chattles, decorations or furnishings supplied or loaned by any manfacturer or wholesaler? 747.„- 27. If answer to question 26 is "yes", explain: The applicant hereby agrees, if license is issued for sale of Malt, Vinous or ;piritous liquor, as herein requested, the place of business used therefor :ill be conducted in strict conformity with all laws of the State of Colorado, _nd the rules and regulations of the Board of County Commissioners of Weld 2ounty, Colorado, relating thereto, and any conviction of violations of said _aws,_rules and/or regulations shall be cause for revocation of such license, :_thout further hearing thereon. The applicants) further agrees that he, ;he (they) has full knowledge of the aforesaid state laws and Board rules and :egulations existing at the date of this application and agrees he, she (they) :ill keep advised as' to all subsequent state law, Board rules and regulations, :hat may be hereafter passed relating thereto during the term of said license. ;TATE OF COLORADO)ss :0U*]TY OF WELD ) T 'eing first duly sworn on oath, desposes and mry -e e, she ``e) e the applicant(s) above named: That he, she ey) ha /have read the above and foregoing application and the answers made :hereto, and well knows the contents hereof, and that the answers made to the _-terragator_es therein set forth are true to his, her (their) own knowledge. DJ, n Jt -_'bscribed and sworn before me this a,5 , A.D. 19 ?/ c: . e t'. Cou �_ _ nlicant(s) ARC :579L3 PLC`'_'57 C 03/02/E'-'- _,:;6 $3.00 1/001 i 48 MAR'S ANN FEUERSTE_N CLERK & RECORDER WELD CO, CO RECORDER'S STAMP THISI)EED, Made this 1st day of March .1984, between VICTORIA S. HERNANDEZ of the County of Weld and state of Colorado. of the first part, and JERRY D. HERNANDEZ whose legal address 5901 W. 10th, Greeley, CO 80634 of the County of Weld and state of Colorado, of the second part, WITNESSETH, That the said party of the first part, for and in consideration of the sum of Ten dollars and other good and valuable consideration XX(XXXK to the said part y of the first part in hand paid by the said part y of the second part. the receipt whereof is hereby confessed and acknowledged, ha s remised, released, sold, conveyed and QUIT CLAIMED, and by these presents do esremise, release, sell, convey and QUIT CLAIM unto the said party of the second part, his heirs, successors and assigns, forever, all the right, title. interest, claim and demand which the said party of the first part has in and to the following described lot or parcel of land situate, lying and being in the County of Weld and State of Colorado, to wit: A parcel of land located in the SE1/4 of Section 4, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado, described as follows: Beginning at the Southeast corner of said Section 4, thence North 06 30'30" East along the East line of said Section 4, 62.8 feet 1 to the North right-of-way line of U.S. Highway No. 34; thence North! 89°29'00" West along said North right-of-way line of U.S. Highway 1,, I No 34 30.16 feet to the TRUE POINT OF BEGINNING; thence continuing North 89°29'00" West along said North right-of-way line at U.S. II Highway 4, 75 feet; thence North 0630'30" East, 150 feet; thence IIF South 89 29'00" East, 75 feet; thence South 06°30'30" West 150 feet to the TRUE POINT OF BEGINNING ✓ I I also known as street and number 5901 W. 10th Street, Greeley, Colorado 80634 TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of the said part y of •_' the second part, hiieirs and assigns forever. ' I IN WITNESS WHEREOF, The said part y of the first part has hereunto set hand and seal the day and year first above written. ic C Rnan ez SEAL] is oria S. ernandez (SEAL] [SEAL] 'SEAL] Signed, Sealed and Delivered in the Presence of 1 STATE OF COLORADO, SS. County of WELD /J ,�'he.faregoing instrument was acknowledged before me this / - day of 111/44 C{( ,.•184tiby" 'Vjctoria S. Hernandez r y -. • Rrli'misidn-expires ,19 . Witness my hand and official seal. exivt- (tiu: ot. s„�.e m do 8063 (Meg it& tA Augusl 27 9145 :01 C of 0v. Notary Public. v No. 933. lelIT CLAIM DEED. a,.Jluid euhi.Wn, me." V. alit '•e. Iac.o.'d.(11 Mlaa— 'LILY? Wq The printed portions of this form appr,.ed by the Colorado Real Estate C.mmiesio. Tb 714811 IF THIS FORM IS USED IN A CONSUMER CREDIT TRANSACTION, CONSULT LEGAL COUNSEL INS IS A LEGAL INSTRUMENT. IF NOT UNDER:700D, LEGAL TAE OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. DEED OF TRUST THIS DEED OF TRUST is made this day of August , 19 Jerry Dale Hernandez (Borrower), whose address is 6o4 41 ftt Avenue, Greeley. Colorado • and the Public Trustee of the County in which the Property (see paragraph 1) is situated (Trustee); for the benefit of Lee H. Frank 314 3rd Avenue, S.W. Independence, Iowa Borrower and Lender covenant and agree as follows: 1. Property in Trust. Borrower, in consideration of the indebtedness herein recited and the trust herein created, hereby grants and conveys to Trustee in trust, with power of sale, the following described property located in the County of Weld ,State ofColorado: A parcel of land located in the SEA of Section 4, Township 5 North, Range 66 West of the 6th P.M., Weld County, Colorado, described as follows: Beginning at the Southeast corner of said Section 4, thence North 06°30'30" East along the East line of said Section 4, 62.8 feet to the North right-of-way line of U.S. Highway No. 34; thence North 89°29'00" West along said North right-of-way line of U.S. Highway No. 34, 30.16 feet to the TRUE POINT OF BEGINNING; thence continuing North 89°29'00" West along said North right-of-way line of U.S. Highway no. 34, 75 feet; thence North 06x30'30" East, 150 feet; thence South 89°29'00" East, 75 feet; thence South 06°30'30" West 150 feet to the TRUE POINT OF BEGINNING. which has the address of 5901 W. 10th Street (Street) (Lender), whose address is Greeley , Colorado 80634 (CRY) Zip Code) (Property Address), together with all its appurtenances (Property). 2. Note; Other Obligations Secured. This Deed of Trust is given to secure to Lender: A. the repayment of the indebtedness evidenced by Borrower's note (Note) dated August 16 .19 83 in the principal sum of EIGHTY THOUSAND AND NO/100T}LS DOLLARS 4 $80,000.00) U.S. Dollars, with interest on the unpaid principal balance from September 16 , 19, until paid, at the rate of 11 percent per annum, with principal and interest payable at 314 3rd Avenue, S.W. Independence, Iowa 50644 or such other place as the Lender may designate, in 240 payments of EIGHT HUNT DRED TWENTY FIVE AND 78/looTHS Dollars (U S $ 825.78 ) duQe �on the lg day of each Month beginning September 15 , 19.11; such payments to continue until the entire indebtedness evidenced by said Note is fully paid: however, if not sooner paid, the entire principal amount outstanding and accrued interest thereon, shall be due and payable on August 15 , im2003 and Borrower is to pay to Lender a late charge of 10 Va of any payment not received by the Lender within 15 days after payment is due; and Borrower has the right to prepay the principal amount outstanding under said Note, in whole or in part, at any time without penalty except none B. the payment of all other sums, with interest thereon at 18 %per annum, disbursed by Lender in accordance with this Deed of Trust to protect the security of this Deed of Trust; and C. the performance of the covenants and agreements of Borrower herein contained. 3. Title. Borrower covenants that Borrower owns and has the right to grant and convey the Property, and warrants title to the same, subject to general real estate taxes for the current year, easements of record or in existence, and recorded declarations, restrictions, reservaticnb and covenants, if any, as of this date and except none 4. Payment of Principal and Interest. Borrower shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Note, and late charges as provided in the Note and shall perform all of Borrower's other covenants contained in the Note. 5. Application of Payments. All payments received by Lender under the terms hereof shalt be applied by Lender first in payment of amounts due pursuant to paragraph 24 (Escrow Funds for Taxes and Insurance), then to amounts disbursed by Lender pursuant to paragraph 9 (Protection of Lender's Security), and the balance in accordance with the terms and conditions of the Note. 1 No. TD 71-2.81. DEEDOF TRUST. - B:cd PublishineC.. 58258 nth Ave..Lakewood. Colorado 80214— i10512(3.69oo — 6.ni 6. Prior Mortgages and b'-cds of Trust; Charges; Liens. Borrower shall perform all of Borrower's obligations under any prior deed of trust ar,? any other prior liens. Borrower shall pay all taxes, assessments and other charges, fines and impositions attributable to the Property which may have or attain a priority over this Deed of 'rust, and leasehold payments or ground rents, if any. in the manner set out in paragraph 24 (Escrow Funds for Taxes and Insurance) or, if not required v, be paid in such manner, by Borrower making payment when due, directly to the payee thereof. Despite the foregoing. Borrower shall not be required to make payments otherwise required by this para- graph if Borrower, after notice to Lender, shall in good faith contest such obligation by, or defend enforcement of such obligation in. legal proceeding* which operate to prevent the enforcement of the obligation or forfeiture of the Property or any part thereof. 7. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire or hazards included within the term "extended coverage" in an amount at least equal to the lesser of (1) the insurable value of the Property or (2) an amount sufficient to pay the sums secured by this Deed of Trust as well as any prior encumbrances on the Property. All of the foregoing shall be known as "Property Insurance". • The insurance carrier providing the insurance shall be qualified to write Property Insurance in Colorado and shall be chosen by Borrower subject to Lender's rightto reject the chosen carrier for reasonable cause. All insurance policies and renewals thereof shall include a standard mortgage clause in favor of Lender, and shall provide that the insurance carrier shall notify Lender at least ten (10) days before cancellation. termination or any material change of coverage. Insurance policies shall be furnished to Lender at or before closing. Lender shall have the right to hold the policies and renewals thereof. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof.of loss if not made promptly by Borrower. -Insurance proceeds shall be applied to restoration or repair of the Property damaged, provided such restoration or repair is economically feasible and the security of this Deed of Trust is not thereby impaired. If such restoration or repair is not economically feasible or if the security of this Deed of Trust would be impaired, the insurance proceeds shall be applied to the sums secured by this Deed of Trust. with the excess, if any, paid to Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is given in accordance with paragraph 16 (Notice) by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds, at Lender's option. either to restoration or repair of the Property or to the sums secured by this Deed of Trust. Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in paragraphs 4 (Payment of Principal and Interest) and 24 (Escrow Funds for Taxes and Insurance) or change the amount of such installments. Notwithstanding anything herein to the contrary, if under paragraph 19 (Acceleration; Foreclosure; Other Remedies) the Property is acquired by Lender, all right, title and interest of Borrower in and to any insurance policies and in and to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition shall pass to Lender to the extent of the sums secured by this Deed of Trust immediately prior to such sale or acquisition. All of the rights of Borrower and Lender hereunder with respect to insurance carriers, insurance policies and insurance proceeds are subject to the rights of any holder of a prior deed of trust with respect to said insurance carriers, policies and proceeds. 8. Preservation and Maintenance of Property. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. Borrower shall perform all of Borrower's obligations under any declarations, covenants, by-laws. rules, or other documents governing the use, ownership or occupancy of the Property. 9. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if a default occurs in a prior lien, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, then Lender, at Lender's option, with notice to Borrower if required by law. may make such appearances, disburse such sums and take such action as is necessary to protect Lender's interest. including, but not limited to, disbursement of reasonable attorney's fees and entry upon the Property to make repairs. Borrower hereby assigns to Lender any right Borrower may have by reason of any prior encumbrance on the Property or by law or otherwise to cure any default under said prior encumbrance. Any amounts disbursed by Lender pursuant to this paragraph 9. with interest thereon. shall become additional indebtedness of Borrower secured by this Deed of Trust. Such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and Lender may bring suit to collect any amounts so disbursed plus interest specified in paragraph 2B (Note; Other Obligations Secured). Nothing contained in this paragraph 9 shall require Lender to incur any expense or take any action hereunder. 10. Inspection. Lender may make or cause to be made reasonable entries upon and inspection of the Property. provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property. II. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender as herein provided. However, all of the rights of Borrower and Lender hereunder with respect to such proceeds are subject to the rights of any holder of a prior deed of trust. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust, with the excess, if any, paid to Borrower. In the event of a partial taking of the Property. the proceeds shall be divided between payment upon the sums secured by this Deed of Trust and payment to the Borrower, in the same ratio as the amount of the sums secured by this Deed of Trust immediately prior to the date of taking bears to Borrower's equity in the Property immediately prior to the date of taking. Borrower's equity means the fair market value less the amount of sums secured by both this Deed of Trust and all prior liens (except taxes). If the Property 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 date such notice is given, Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust. Any such application of proceeds to principal shall not extend or postpone the due date of the installments referred to in paragraphs 4 (Payment of Principal and Interest) and 24 (Escrow Funds for Taxes and Insurance) nor change the amount of such installments. 12. Borrower Not Released. Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower, nor Borrower's successors in interest, from the original terms of this Deed of Trust. Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower nor Borrower's successors in interest. 13. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereun- der, or otherwise afforded by law, shall not be a waiver or preclude the exercise of any such right or remedy. 14. Remedies Cumulative. Each remedy provided in the Note and this Deed of Trust is distinct from and cumulative to all other rights or remedies under the Note and this Deed of Trust or afforded by law or equity, and may be exercised concurrently, independently or successively. 15. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 25 (Transfer of the Property: Assumption). All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs in this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. 16. Notice. Except for any notice required by law to be given in another manner. (a) any notice to Borrower provided for in this Deed of Trust shall be in writing and shall be given and be effective upon (1) delivery to Borrower or (2) mailing such notice by certified mail, return receipt requested, addressed to Borrower at Borrower's address stated herein or at such other address as Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be in writing and shall be given and be effective upon (1) delivery to Lender or (2) mailing such notice by certified mail, return receipt requested, to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in any manner designated herein. 17. Governing Law; Severability. The Note and this Deed of Trust shall be governed by the law of Colorado. In the event that any provision or clause of this Deed of Trust or the Note conflicts with the law. such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of the Deed of Trust and Note are declared to be severable. 18. Borrower's Copy. Borrower acknowledges receipt of a copy of the Note and of this Deed of Trust. 19. Acceleration; Foreclosure: Other Remedies. Except as provided in paragraph 25 (Transfer of the Property; Assumption), upon Borrower's hr each of any covenant or agreement of Borrower in this Deed of Trust, or upon any default in a prior lien upon the Property, at Lender's option, all of the sums secured by this Deed of Trust shall be immediately due and payable (Acceleration). To exercise this option, Lender may invoke the power of sale and any other remedies permitted by law. Lender shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in r his Deed of Trust, including, but not limited to, reasonable attorney's fees. If Lender invokes the power of sale, Lender shall give written notice to Trustee of such election. Trustee shall give such notice to Borrower of Borrower's rights as is provided by law. Trustee shall record a copy of such notice as required by law. Trustee shall advertise the time and place of the sale of the Property, for not less than four weeks in a newspaper of general circulation in each county in which the Property is situated, and shall mail copies of such notice of sale to Borrower and other persons as prescribed by law. After the lapse of such time as may be required by law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder for cash at the time and place (which may be on the Property or any part thereof as permitted by law) in one or more parcels as Trustee may think best and in such order as Trustee may determine. Lender or Lender's designee may purchase the Property at any sale. It shall not be obligatory upon the purchaser at any such sale to see to the application of the purchase money. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorney's fees and costs of title evidence; (b) to all sums secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto. 20. Borrower's Right to Cure Default. Whenever foreclosure is commenced for nonpayment of any sums due hereunder, the owners of the Property or parties liable hereon shall be entitled to cure said defaults by paying all delinquent principal and interest payments due as of the date of cure, costs, expenses, late charges, attorney's fees and other fees all in the manner provided by law. Upon such payment, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as though no Acceleration had occurred, and the foreclosure proceedings shall be discontinued. 21. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property; however, Borrower shall, prior to Acceleration under paragraph 19 (Acceleration; Foreclosure; Other Remedies) or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Lender or the holder of the Trustee's certificate of purchase shall be entitled to a receiver for the Property after Acceleration under paragraph 19 (Acceleration; Foreclosure; Other Remedies), and shall also be so entitled during the time covered by foreclosure proceedings and the period of redemption, if any; and shall be entitled thereto as a matter of right without regard to the solvency or insolvency of Borrower or of the then owner of the Property, and without regard to the value thereof. Such receiver may be appointed by any Court of competent jurisdiction upon ex parte application and without notice —notice being hereby expressly waived. Upon Accleration under paragraph 19 (Acceleration; Foreclosure; Other Remedies) or abandonment of the Property, Lender, in person, by agent or by judicially -appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the receiver shall be applied, first, to payment of the costs of preservation and management of the Property, second, to payments due upon prior liens, and then to the sums secured by this Deed of Trust. Lender and the receiver shall be liable to account only for those rents actually received. 22. Release. Upon payment of all sums secured by this Deed of Trust, Lender shall cause Trustee to release this Deed of Trust and shall produce for Trustee the Note. Borrower shall pay all costs of recordation and shall pay the statutory Trustee's fees. If Lender shall not produce the Note as aforesaid, then Lender, upon notice, in accordance with paragraph 16 (Notice) from Borrower to Lender, shall obtain at Lender's expense, and file, any lost instrument bond required by Trustee or pay the cost thereof to effect the release of this Deed of Trust. 23. Waiver of Exemptions. Borrower hereby waives all right of homestead and any other exemption in the Property under state or federal law presently existing or hereafter enacted. 24. Escrow Funds for Taxes and Insurance. This paragraph 24 is not applicable if Funds as defined below are being paid pursuant to a prior encumbrance. Subject to applicable law, Borrower shall pay to Lender on each day installments of principal and interest are payable under the Note, until the Note is paid in full, a sum (herein referred to as "Funds") equal to of the yearly taxes and assessments which may attain priority over this Deed of Trust, plus of yearly premium installments for Property Insurance, all as rea- sonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof, taking into account any excess Funds not used or shortages. The principal of the Funds shall be held in a separate account by the Lender in trust for the benefit of the Borrower and deposited in an institution the deposits or accounts of which are insured or guaranteed by a federal or state agency. Lender shall apply the Funds to pay said taxes, assessments and insurance premiums. Lender may not charge for so holding and applying the Funds, analyzing said account or verifying and compiling said assessments and bills. Lender shall not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Deed of Trust. If the amount of the Funds held by Lender shall not be sufficient to pay taxes, assessments and insurance premiums 'as they fall due, Borrower shall pay to Lender any amount necessary to make up the deficiency within 30 days from the date notice is given in accordance with paragraph 16 (Notice) by Lender to Borrower requesting payment thereof. Upon payment in full of all sums secured by this Deed of Trust, Lender shall simultaneously refund to Borrower any Funds held by Lender. If under paragraph 19 (Acceleration; Foreclosure; Other Remedies) the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later than immediately prior to the sale of the Property or its acquisition by Lender, whichever occurs first, any Funds held by Lender at the time of application as a credit against the sums secured by this Deed of Trust. 25. Transfer of the Property; Assumption. The following events shall be referred to herein as a "Transfer": A transfer or conveyance of title (or any portion thereof, legal or equitable) of the Property (or any part thereof or interest therein), the execution of a contract or agreement creating a right to title (or any portion thereof, legal or equitable) in the Property (or any part thereof or interest therein), or an agreement granting a possessory right in the Property (or any portion thereof). in excess of three (3) years. Not to be included as a Transfer are (i) the creation of a lien or encumbrance subordinate to this Deed of Trust. (ii) the creation of a purchase money security interest for household appliances, or (iii) a transfer by devise, descent or by operation of the law upon the death of a joint tenant. At the election of Lender in the event of each and every Transfer: (a) Borrower shall, upon Lender's request, submit information required to enable Lender to evaluate the creditworthiness of the person ("Transferee') who is, or is to be, the recipient of a Transfer, as if a new loan were being made to Transferee. If Transferee is reasonably determined by the Lender to be financially incapable of retiring the indebtedness according to its terms, based upon standards normally used by persons in the business of making loans on real estate in the same or similar circumstances, then all sums secured by this Deed of Trust, at Lender's option, may become immediately due and payable ("Acceleration"). (b) If Lender exercises such option to Accelerate, Lender shall give Borrower notice of Acceleration in accordance with paragraph 16 (Notice). The notice shall inform Borrower of the right to assert in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to Acceleration and sale. Such notice shall also provide a period of not less than 10 days from the date the notice is given within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may; without further notice or demand on Borrower, invoke any remedies permitted by paragraph 19 (Acceleration; Foreclosure; Other Remedies). Lender shall give notice of such Acceleration, within thirty (30) days after notice of any Transfer is given to Lender by Borrower or Transferee in accordance with paragraph 16 (Notice). If Lender shall not give notice of such Acceleration within such thirty (30) days, then Lender will have no further right to such Acceleration. (c) If a Transfer occurs and should Lender not exercise Lender's option pursuant to this paragraph 25 to Accelerate, Transferee shall be deemed to have assumed all of the obligations of Borrower under this Deed of Trust including all sums secured hereby whether or not the instrument evidencing such conveyance, contract or grant expressly so provides. This covenant shall run with the Property and remain in full force and effect until said sums are paid in full. The Lender may without notice to the Borrower deal with Transferee in the same manner as with the Borrower with reference to said sums including the payment or credit to Transferee of undisbursed reserve Funds on payment in full of said sums, without in any way altering or discharging the Borrower's liability hereunder for the obligations hereby secured. (d) Should Lender not elect to Accelerate upon the occurrence of such Transfer then, subject to (b) above, the mere fact of a lapse of time or the acceptance of payment subsequent to any of such events, whether or not Lender had actual or constructive notice of such Transfer, shall not be deemed a waiver of Lender's right to make such election nor shall Lender be estopped therefrom by virtue thereof. The issuance on behalf of the Lender of a routine statement showing the status of the loan, whether or not Lender had actual or constructive notice of such Transfer, shall not be a waiver or estoppel of Lender's said rights. Continued on reverse side. 26. DELETIONS. THE PARAGRAPHS DESIGNATED BELOW, WHEN INITIALED BY LENDER AND THE UNDERSIGNED BORROWER(S), SHALL NOT BE A PART OF THIS DEED OF TRUST. c L Initials EXECUTED BY BORROWER. IF BORROWER IS NATURAL PERSON(s): IF BORROWER IS CORPORATION: ATTEST: (SEAL) IF BORROWER IS PARTNERSHIP: Paragraph 24. Escrow Funds for Taxes and Insurance 25. Transfer of the Property; Assumption doing business as Name of Corporation by Secretary President STATE OF COLORADO ss. COUNTY OF Name of Partnership by a general partner The foregoing instrument was acknowledged before me this day of 19 by' Witness my hand and official seal. My commission expires• Notary Public •If a natural person or persons, insert the name of such persons. If a corporation, insert, for example, "John Doe as President and Jane Doe as Secretary of Doe & Co., a Colorado corporation." If a partnership, insert, for example. "Sam Smith as general partner in and for Smith & Smith, a general partnership." DEED OF TRUST a STATE OF COLORADO, to - 7 Cr 1 S a C a a v S m a Cc 1 Z b The printed pertiens of this form appro.ed by the l abrade Real Estate Commission ISC 23.2n1 THIS !SAUDI INSTRUMENT. IF NOT UNDERSTOOD, KCAL TAX ON OTHER COURSE". SHOULD BE CONSULTED BEFORE SICNNIN. • COMMERCIAL CONTRACT TO BUY AND SELL REAL ESTATE (Remedies Include Specific Performance) August 4 ,19 83 1. The undersigned agent hereby acknowledges having received from ,ferry Hernandez the sum of $ 6(b-00 (*hack_ nn et+arhnd 1 Pa SP to be held by Seller bicW/ti1/444/0/44/4444/4/M444/941Mgas earnest money and part payment for the following described real estate in the County of Weld , Colorado, to wit: see attached legal , in the form of last months, together with all easements and rights of way appurtenant thereto, all improvements thereon and all fixtures of a permanent nature currently on the premises except as hereinafter provided, in their present condition, ordinary wear and tear excepted, known as No. Westvi ew Liquors 5901 W. 30th Street cr(Business Hrry.34) Greeley, CO 80631 , and hereafter called the Property. (Street 2. The undersigned person(s) Jerry Dale Hernandez (a646/90,M/(fifiWAF44f,4(0, 64i hereinafter called Purchaser, hereby agrees to buy the Property, and the undersigned owner(s), hereinafter called Seller, hereby agrees to sell the Property upon the terms and conditions stated herein. 3. The purchase price shall be U.S. $ 1255i000 -f10 , payable as follows: $ 600 -no hereby receipted for; $4,8GO.Oo credited @ $4OO.0O per month per attached lease terms, balance of 8719,600.00 to be reduced by a payment of $39,600.00 cash or certified funds. The balance of $80,000.00 to be carried by Seller with a Promissory Note secured by a Deed of Trust for 20 years @ 11% interest amortized over 20 years with a monthly principal and interest payment of $87a.18f 2 , 5-. 7! 4. Price to include the following personal property: A7, items presently in the building which belong to the Seller including safe, coolers, compressors, cash register, shelving, liquor sign and all fixtures. to be conveyed by bill of sale at time of closing in their present condition, free and clear of all personal property taxes, liens and encumbrances, except: none and except any personal property liens in any encumbrance specified in paragraph 11. The following fixtures of a permanent nature are excluded from this sale: none 5. If a new loan is to be obtained by Purchaser from a third party, Purchaser agrees to promptly and diligently (a) apply for such loan, (b) execute all documents and furnish all information and documents required by the lender, and (c) pay the customary costs of obtaining such loan. Then if such loan is not approved on or before none 19_, or if so approved but is not available at time of closing, this contract shall be null and void and all payments and things of value received hereunder shall be returned to Purchaser. 6. If a note and trust deed or mortgage is to be assumed, Purchaser agrees to apply for a loan assumption if required and agrees to pay (1) a loan transfer fee not to exceed $ none and (2) an interest rate not to exceed none % per annum. If the loan to be assumed has provisions for a shared equity or variable interest rates or variable payments, this contract is conditioned upon Purchaser reviewing and consenting to such provisions. If the lender's consent to a loan assumption is required, this contract is conditioned upon obtaining such consent without change in the terms and conditions of such loan except as herein provided. 2 No. SC 23-2-81. Contract to Bo, and Sell Real Estate 4Comsercidl. Bradford Publishing Cu., 5625 w. 6th Ave.. Lakewood, Colorado 1(0214-13031233.6900 — 2-61 7. If a note is to be made payable to Seller as partial or full payment of the purchase price, this contract shall not be assignable by Purchaser without written consent of Seller. S. Cost of any appraisal for loan purposes to be obtained after this date shall be paid by Purchaser 9. An abstract of title to the Property, certified to date, or a current commitment for title insurance policy in an amount equal to the purchase price, at Seller's option and expense, shall be furnished to Purchaser on or before An0iet ]O , 19_ 3. If Seller elects to furnish said title insurance commitment, Seller will deliver the title insurance policy to Purchaser after closing and pay the premium thereon. 10. The date of closing shall be the date for delivery of deed as provided in paragraph 11. The hour and place of closing shall be as designated by Wayne W. Grunewald, Broker 11. Title shall be merchantable in Seller, except as stated in this paragraph and in paragraphs 12 and 13. Subject to payment or tender as above provided and compliance by Purchaser with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient general warranty deed to Purchaser on August 18 , 19 83 , or, by mutual agreement, at an earlier date, conveying the Property free and clear of all taxes, except the general taxes for the year of closing, and except none free and clear of all liens for special improvements installed as of the date of Purchaser's signature hereon, whether assessed or not: free and clear of all liens and encumbrances except payment due attorney R. Don Burton to be paid out of funds at time of closing. except the following restrictive covenants which do not contain a right of reverter: none • and except the following specific recorded and/or apparent easements: water agreement with Dr. Louis Brighi and subject to building and zoning regulations. 12. Except as stated in paragraphs 11 and 13, if title is not merchantable and written notice of defect(s) is given by Purchaser or Purchaser's agent to Seller or Seller's agent on or before date of closing, Seller shall use reasonable effort to correct said defect(s) prior to date of closing. If Seller is unable to correct said defect(s) on or before date of closing, at Seller's option and upon written notice to Purchaser or Purchaser's agent on or before date of closing, the date of closing shall be extended thirty days for the purpose of correcting said defect(s). Except as stated in paragraph 13, if title is not rendered merchantable as provided in this paragraph 12, at Purchaser's option, this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. 13. Any encumbrance required to be paid may be paid at the time of settlement from the proceeds of this transaction or from any other source, Provided, however, at the option of either party, if the total indebtedness secured by liens on the Property exceeds the purchase price, this contract shall be void and of no effect and each party hereto shall be released from all obligations hereunder and all payments and things of value received hereunder shall be returned to Purchaser. 14. General taxes for the year of closing, based on the most recent levy and the most recent assessment, prepaid rents, water rents, sewer rents, FHA mortgage insurance premiums and interest on encumbrances, if any, and shall be apportioned to date of delivery of deed. Purchaser shall be responsible for any sales and use tax that may accrue because of this transaction. 15. Possession of the Property shall be delivered to Purchaser on Purchaser is currently in possession of the property through lease agreement. subject to the following leases or tenancies: none If Seller fails to deliver possession on the date herein specified, Seller shall be subject to eviction and shall be liable for a daily rental of $ none until possession is delivered. - 16. In the event the Property shall be damaged by fire or other casualty prior to time of closing, in an amount of not more than ten per cent of the total purchase price, Seller shall be obligated to repair the same before the date herein provided for delivery of deed. In the event such damage is not or cannot be repaired within said time or if the damages exceed such sum, this contract may be terminated at the option of Purchaser and all payments and things of value received hereunder shall be returned to Purchaser. Should Purchaser elect to carry out this contract despite such damage, Purchaser shall be entitled to all the credit for the insurance proceeds resulting from such damage, not exceeding, however, the total purchase price. Should any fixtures or services fail between the date of this contract and the date of possession or the date of delivery of deed, whichever shall be earlier, then Seller shall be liable for the repair or replacement of such fixtures or services with a unit of similar size, age and quality, or an equivalenrcredit. 17. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed as herein provided, there shall be the following remedies: (a) IF SELLER IS IN DEFAULT, (1) Purchaser may elect to treat this contract as terminated, in which case all payments and things of value received hereunder shall be returned to Purchaser and Purchaser may recover such damages as may be proper, or (2) Purchaser may elect to treat this contract as being in full force and effect and Purchaser shall have the right to an action for specific performance or damages, or both. (b) IF PURCHASER IS IN DEFAULT, (1) Seller may elect to treat this contract as terminated, in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller and Seller may recover such damages as may be proper, or (2) Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to an action for specific performance or damages, or both. (c) Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this contract, the court may award to the prevailing party all reasonable costs and expense, including attorneys' fees. 18. Purchaser and Seller agree that, in the event of any controversy regarding the earnest money held by broker, unless mutual written instruction is received by broker, broker shall not be required to take any action but may await any proceeding, or at broker's option and discretion, may interplead any moneys or things of value into court and may recover court costs and reasonable attorney's fees. 19. Additional provisions: 1. Purchaser is to provide proof of insurance with Seller listed as co — beneficiary to protect his financial interest secured by the Deed of Trust. Notice of annual premium renewal to be sent to the Seller during the term of his note. 2. There shall be no prepayment penalty on the promissory note or Deed of Trust. The Promissory Note and Deed of Trust may not be transferred without the approval of the Seller; such approval may not be unreasonably withheld. 3. Amortization schedules shall be furnished to Purchaser and Seller. 4. Tax and insurance payments to be made by Purchaser and proof of payment to be furnished Seller. 20. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before August 9 , 19 83, this instrument shall become a contract between Seller and Purchaser and shall inure to the benefit of the heirs, successors and assigns of such parties, except as stated in paragr ph 7. lwg i lush ZVI-1 i S/( /r 3 Broke reheeer Jerry Dale Hernandez Date Purchaser Date e ayne W. Grunewal By: Purchaser's Address (The following section to be completed by Seller and Listing Agent) 21. Seller accepts the above proposal this day of August , 19 and agrees to pay a commission of 7 % of the purchase price for services in this transaction, and agrees that, in the event of forfeiture of payments and things of value received hereunder, such payments and things of value shall be divided between listing broker and Seller, one-half thereof to said broker, but not to exceed the commission, and the balance to Seller. Seller Lee H. Frank Seller Seller's Address 314 3rd Avenue, S.W. Independence, Iowa 50644 Listing Broker's Name and Address 2 RECEIVED OF . TREASURER'S OFFICE, WELD COUNTY Greeley, Colorado El C)1319 -- N2 7078 19Z5 1 -I s %_)Ss .\)].g.i.w R).9.W .�l . I__ v .,15tH . FOR. . CREDIT County General Fund g—) 0 Health Department Human Resources I. G. S. Payroll Road & Bridge Fund Weld County General Hospital Fund County Clerk Cash Escrow Fee Fund School District Gen Fund School District C R F School District Bond Fund FRANCIS M. LOUSTALET I Q ,�\ , I TOTAL AMOUNT .3e) � O / CD vV" County Treasurer Clerk Hello